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Home My WebLink About1996 [07] Jul 11 I I I Page 2983 July 11, 1996 i I . Pursuant to due cal:L and notice thereof, the City Council fOr the City ox St. Joseph met ir regular sèssion on 'rhursday, July 11, 1'3':;6 at 7:013 P.M. in the City Hall. I "Þ."HF.U~ ~U~HF.W~I MkYQ~ Donald Bud Reber. Councilmembers Ross Ri~ke, Bob Loso, K.,.n Hi.,.mE-.bz, Cory Ehlert, Clerk/ Administrator Rachel ' s~aPl.,.ton. I I fj-nn.:lff:l ~U¡,;tl¡';N'n Judy Weyr·er.s, IIr'adley Lindgren, I>llen Wahlstrom, 1 Bob Wahlgt.rom, Tara Ploumen, Gary P. Heltemes, Carol Dolence, Brad Borud, A1Ãfi Ifa~~ie~, Diok bnd Joyce Stock, Doris Johnson, Jerry Johnson~ Bob Pfann.,.nst..,.in, Don abd Addy Burgett, Loretta Horsch, Mildred I Bagg.,.nst.og~, Al Maleska, J.,.anette Pzannenstein, Lori pzannenstein. I'IÃ'·~Ç ..ml ÍjQb Wagne~" Kay Lemke, Dick Taufen, Myra Scherer, Till:Le Wasner, Linda Sniezbk, lI.,.tty Walz, Jim Schwagel, Art Reber, Markl ~immer, Mike Contar~o, Mike Deutz, Diane Schneider, Jim Graeve, Mary Ann lh··aeve. I I Mayor Heher called ¡the meeting to order at 7:00 P.M. with Councilors Rieke, Loso, and Hi~menz present. ! Ii Aß~~DA: Loso made a. motion to approve the agenda, seconded by Hi~menz. Ayesl Reber, R~eke, Loso, Hiemenz. Nay.,.s: None. I Motion carried. ~\.!Wt:îj;¡W'I· JlU¡';WUAt Loao made a motion to approve the Consent Agendai as zollows, seconded by Hiemenz. - I ¡¡ l'Iifi~t.e~ Qf J~ly bø with a correction to the spelling of the name of the marketing compa~y the Star City is requesting to contract. Page 2, t.hird paragraph - ".I>lnesses" in place of "Illnesses". ~¡ DQme~tio Abuae JOliOY, approved on a temporary basis with an 1 allowance for change. ~¡ ~µeoi.1l Use per.Jit to Silver Motors to allow mechanical repair in a General Business ~9ne as recommended by the Planning Commission Iminutes Qf J~ly I, 199b in91uding the requirements and provisions if th~ pr"opert.y hecomes unsightly. i 4¡ ~PePiÃl U~e Pe~Jit. tQ the College of St. Benedict to operate a I'!ulti-Cultural houJe functioning as recreational and community ~enter and ozzice~ azfiliated with the Center, at 222 West Minnesota S~reet, as recommended by ~he Planning commission.! I ~]) Application zor Payment Number 4 to M. C. Magney i Construction, Inc. of $198,151.9~ zor the Water Treatment Plant Rehabilitation project. , &) Application for Payment Number 1 to Mid-Minnesota Concrete & i ¡':xcavating of $83, q03. 72 for the East Minnesota Street and Hoske Site 1 mprClvements. j i 7) Accepted the re ignation of Darwin I>rickson from the Park Bo~rd. I I 1 i , Page 2984 July 11, 1996 13) Accepted the resignation of Marge Lesnick from the COR~ Committee. I ,~) Bond Registrar Agreement for $1,280,000 bondsibetween the City of St. Joseph and First Trust National Associationifor bond registrar duties. 10) Bond Hegistrar Agreement for $780,000 bonds between the City of St. Joseph and First Trust National Association for bond registrar duties. Ayes: Heber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. DJ.:LIHUUJ.;H1" U1"ILITY IIILL HI::ARINß: No one appeared to protest a delinquent utility bill, as provided in the notice to discontinue service. Hl~ PAYABLE, UVERTIft& AND CALLUUTS: Judy Weyrens presented and discussed the bills payable, overtime and callouts. She informed the Council that registration and approval for Community Police Training for the Chief and the Community Officer is included in the bills payable. After short discussion of various bills, Loso made a motion to approve the bills payable check numbers 22662 - 22750, overtime and callouts as presented, seconded by Hiemenz. Ayes: Heber, Hieke, Loso, Hiemenz. Nayes: None. Motion carried. Weyreons then recommended the Council consider an agreement with I Business Hecords Corporation to rent election equipment for the third precinct at a cost of approximately $500 per election. Rieke made a motion to approve an agreement to rent election equipment for the third precinct. The motion was seconded by Loso. Ayes: Heber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. MAYUR RJ.3~H~S: 1) At the last Summit Meeting with SJU and CSB representative, Gar Kellom expressed concern on the actions of the students. He discussed a proposal for establishing a code of conduct at the schools. Loso indicated he and Kellom had discussed this earlier and felt a code of conduct in the City may be worked out so students would know what is expected of them. 2) At the APO meeting representatives of the Metro Sewer District discussed how well it has served them, along with planning issues. The Metro representatives are willing to share their experiences with our ar~a.. M~IIJ.~S U¥ ~HR CUUNCIL REPORT RIJ.XR: 1) Marge Lesnick has retired from the CORE Committee due to many other involvements. Council expressed concern on this resignation, I noticing the interest she took in the Committee and her involvement in the activities it promoted. Rieke made a motion to have a plaque prepared and given to Lesnick honoring her work with the CORE Committee. The motion was seconded by Loso. Ayes: Reber, Hieke, Loso, Hiemenz. I I I I Page 2~85 July 11, 199b Hayes: Hone. Motion carried. . I 2) RV owners that want to dump at our dump station have indicated are missing a hose. Council agreed to check with Taufen, on this equipment. i we LUSU: NSP Company had a project along First Avenue SE, where bdulevard sod was replaced, and put the burden of watering it on the homeowner. Mayor Reber indicated there were problems with curb and gutter in this projec~, also, but Joe Bettendorf is on top of it. i Hl~~~N~: 1) The amount of the marketing contract with the Elnesses, for the Star City program discussed at the last meeting, should Ihave been "'7,~00 with a portion of this amount already donated by local organizations. The photography for the brochure will be donated also. Hiemenz made a motion ~o amend the motion from the last meeting ¡to change the contract amount to $7,500. The motion was seconded by Reber. Ayes: Reber, Nayes: Loso. Hiemenz. Rieke abstained. i I , 2) At a recent State Wetlands Committee meeting (Hiemenz being a member), during the lunch break members discussed the recent st.1 incident involving the students. They expressed concern for thJ of leaders being developed. I Motion carried. Joseph type , CHH:J." UF PUJ.IC~: HRAD LINDGRIDI RI::l'OR1"S: 1) The status of the three pa~rol cars was discussed. The Police are trying to keep the miles down on the 9b Ford, a wheel bearing recently was going out on the 94 Ford, and the 92 Chevrolet has 130,000 miles, with' the air conditioning no le,nger working. I 2) The 4th of July Festival went well, with the Reserve Officer~ providing security. Chief recommended donating their security services to this event and future benevolent and non-profit events. Hiemenz made a motion to allow the Chief to use his discretion in charging or dona~ing security services provided by the Reserve Officers, seconded by Rieke. I Ayes: Reber, Rieke, Loso, Hiemenz. . Nayes: None. Motion carried. 3) Mayor Reber made a motion to replace a flashlight lost in the line of duty by one of the officers, seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. Hiemenz commented quarterly report. considerably over on the increased numbers of incidents in the Lindgren indicated ~hat the calls have increased the last year. Lindgren also clarified it was prior to the incident on College Avenue wi~h the students, that two cars were going 70 mph (rather than after as repor~ed in the local paper). Page 298b July 11, 1996 CLERK/ADMLN[STRATUR R£PURTS the I two in of the S'rR1-:1-:1' Lll.iH"I"B: 1"hre~ new streets are needed in conjunction with East Minn~sota Str~~t project. One is in NSP Company's area and Stearns Electric. Hiemenz made a motion to approve installation street lights as discussed, seconded by Rieke. Ayes: R~ber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. l-iAftlll.1JUi 1.1C1-:JiS¡'; ¡.;x¡.;!tP"I"ION: Loso made a motion to approve an Exemption from Minnesota Lawful Gambling License for the St. Joseph Volunteer Fire Department for an event to be held at the La Playette Bar & Hestaurant on August 23, 199b, seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. ¡UGH1' 01-' WAY lSSUJili: Hiemenz made a motion to approve supporting the Leagu~ of Minnesota Cities in their efforts to counter undermining of cities authority in right of way issues and pay $340 towards this effort, seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. Cl1'Y OmHHANC¡'; 1-"lH¡';S LlftlTATIOHS: Loso made a motion to authorize City Attorney John Scherer to write a letter to the Chair of the Conference of Chief Judges and Chief Judge of the Seventh District expressing concern and joining with other cities asking the Chief Judges to reconsider th~ir decision limiting the fines for city ordinance violations to $30. The motion was seconded by Hiemenz. Ayes: R~ber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. I APlI 11lAFFIC STUDY: APO is willing to do a traffic circulation study in and around St. Joseph as requested. Cory Ehlert arrived at 7:25 P.M. ASSEHSUJt: Hi~menz made a motion to retain Ollie Lesnick as the City As.:essor for the assessment year 1997; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Jlll.L¡':1l 1-:AS"I" C},,1)AIt PLA,": Joe Miller discussed his proposed plat and requested th~ Council waive the 27. park land requirement for plats. He stated the property is already developed, he is merely providing a Lett~r legal description along with required easements, ingress and egress. After short discussion Rieke made a motion to waive the park land fee and approve the plat as recommended by the City Engineer; I se.conded by Ehlert. Discussion -Hiemenz stated the plat will replace th~ me~ts and bounds description, and there is a building on each parc:~l. Ayes: R~ber, Rieke, Loso, Hiemenz, Ehlert. Nay~s: Hone. Motion carried. I I I Page 2987 July 11, 199b before the Council ¡ event August 24, 1996 at I 1 He stated they will hold a raffle and have fund raising, live mJsic, tap b~er and liquor along with food in the parking lot. Fencing and s~curity will be provided as required, and operation will be within the confines of the ordinance. This is a fund raiser by the Friendd of Donna Loso. Hiemenz made a motion to approve the permit as proposed, s~conded by Ehlert. Ayes: Reber, kieke, Loso, Hiemenz, Ehlert. Nayes: Hone. Motion carried. Du-rOUUH LIQUUH P£RMrr. Brad Borud appeared requesting an Outdoor Liquor Permit for an Loso's I'!ain Street Pub. UPl,:R 'ru 'rHE PUHl.IC: Mary Ann Graeve: 1) stated a business owner in Redwood Falls indicated to her that they , rec~ived 1007. federal grant for all their improvements. She questioned if St. Joseph could research this and receive grants from theiri pr·ogram. Stapleton will contact Redwood Falls for information. 2) questioned the status of the EDA. Hiemenz indicated the application form for members is being developed, then a request for memberslwill be advertised, with a committee reviewing the applications and making recommendations to the Council. i 3) qu~stioned the makeup of the consent agenda and the method ot det~rmining which matters will be placed on it. Stapleton informed her that any matters placed on the consent agenda may be removed for discussion by action of the Council. 4) requested to ask Dick Taufen for information on the water tests. i ~ll~n Wahlstrom discussed the holding ponds being developed on the Rosk~ prop~rty. She stated these ponds as collectors for storm I sewers will allow pollutants and chemicals from the streets and lawns to run into them. Sh~ questioned if in the design stage considerations land consultations were made to prevent them from filtering down int¿ our water table. Wahlstrom would like the engineer to further comment. Jim Graeve requested an update of the truck route. Stapleton indicated th... City and County Engineers are consulting on this matter. He also r...qu~sted th~ Mayor and Council inform the people ¡attending the I m...~tings about the topics being considered. i Gary Heltemes stated a 4-way Stop is needed on the corner of 91st Av...nu~ and lIaker Street ,;ast. After short discussion Loso made I a motion to make this intersection a 4-way Stop and sign it accordingly, s~conded by l::hJert. Discussion - Chief Lindgren agreed this corner could use mor~ control. Ayes: Reber, kieke, Loso, Hiemenz, Ehlert. Hayes: None. Motion carried. Loso made a motion to recess for 15 minutes at 8:05 P.M. Mayor R~b~r r~conven~d the meeting at 8:20 P.M. RENTAL HUU!Hlm PIlUlII.J.:MS: Th~ Council received a document from residents Page 2988 July 11, 1996 and adjacent residents on £ast Ash Street discussing many problems, I incid,;,nts. and actions downgrading the neighborhood. Mayor Reber expressed concern for the neighborhood and indicated the landlords are the key to making the tenants accountable. The landlord may be called before the Council after a first violation. ~hlert stated the Landlords Association has been in existence for some time. Perhaps they can work with the City to find solutions. Rieke stated there are good and bad landlords. He would hope to come out of this meeting with methods and ways to help. Hettie Pfannenstein, spokesperson, stated hope is not enough, they want action to clear up the concerns of £ast Ash Street. She indicated they called City Hall to get action on grass that was not mowed and garbage that was not picked up. She questioned who pays for the mowing and garbage pickup when the City does it. (It is billed to the landowner, if not paid, is certified on their taxes.) She also indicated they are tired of the harassment from students, theft of their personal belonging (yard decorations, picnic table, and other items left outdoors). She questioned what specific measures the Council will take to enforce laws for peace in the neighborhood. Also discussed were methods of determining number of people are living in one house. would be one method though cumbersome. if more than the allowed Voter registration lists I The fires on Ash Street were discussed with concern, both couch fires and bonfires. Was the fire department called to any couch fire or bonfir,;,? Were any tickets issued. The residents have to endure the damage to the street until it is fixed, then pay the cost of fixing it. Residents felt College officials should be attending meetings where these concerns are being expressed. I'!ayor Reber indicated the landlords need to address the problems but irresponsible landlords do not come to these meetings. gob Wahlstrom questioned why the colleges do not provide security to the City. EllE'n Wahlstrom proposed residents call the colleges when these problems are happening. Nettie PfannE'nstein suggested closing down rentals when there is a complaint. She recommended establishing a pool such as a damage deposit that all I landlords would have to pay into with their rental license. Use this money to fix the damage and problems. Those with-out a complaint would get their money back at the end of the licensing year. Joyce Stock agreed with this proposal and indicated if there were no calls or problems to a rental the landlord would get backihis substantial I I I i ¡ i Page 2989 July 11, 199b deposi t. Linda Sniezek stated be held accoun~able. could be for rentals the landlords Possibly ban only. had met and felt the tenants 'should , kegs. She questioned if no kegs Uick Stock thought St. John's and St. Ben's should have a representative at Council meetings. Jim Graeve recommended the minutes of this meeting be sent to the presidents of both colleges to let them know the level of concern these people have. Ellen Wahlstrom concurred and felt there should bE' face to face contact with the permanent residents of the City. It w~s generally agreed ~hat all the written information from this portion of . , ~he meeting should be sent to the college officials. i i nick Taufen indicated rental housing problems are not isolated -t!o East Ash S~r'eet but are throughout the City. He stated residents are afraid ~o complain for fear of retaliation. Uon Burgett felt t.he rental properties have a negative effect value of the other properties. on , the Linda Sniezek thought information on the ordinances could ~o t.he landlords so they could attach it t.o their iease. r I be dispensed Uther concerns and recommendations: More landlords should be on the CUkE Committee. St.John's and St. Ben's should be responsible also. Neighbors get the name and phone numbers of the landlords and call them , when t.here is a party or problem. Un quest.ioning when specific measures will be taken to address these problems Mayor keber indicated the City Attorney will be consulted and t.hese concerns will be addressed perhaps by the end of the summer. 1>11l},:C'rUk OJ.' PUULIC VUkKS VICR 'rAUf"EH H},;}>OItTS I I proposed WATEIt T1ŒAT!lEH1' l'"AC)Ll1"Y: 1) Taufen informed the Council of changes to the plans for the Water Treatment Facility. a) Glass blocks will replace windows in the filter room with an additional cost of $145.00. h) r:xist.ing pavement will be removed and new bituminous installed het.w......n th... backwash tank excavation and the alley. The propos~d pavement would run from the existing filter building on the north to ,_he alley on the south. The pavement will be graded to provide Ithe maximum slope available for drainage. The additional cost will ¡be ~2~ ::¿~If\. øø. I Page 2990 July 11, 1996 c) Access behind the backwash pumps is needed. One proposal is to I relocate the backwash pumps to provide access at. a cost of $2, 111.0Ø. (This correction is not feasible because of the status of the project. ) An alternate and recommended proposal is to provide a wooden platform to walk over the pumps at a cost of $805. I'!ayor Reber felt the platform to walk over the pumps should be metal, to last a longer time. Taufen will discuss this with the engineer and bring it back to the Council. Loso made a motion to approve the changes as presented, with Gonsideraticn of metal for the platform; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Taufen stated the water treatment facility must be on line by August is, because we can not be on St. Sen's water system after that date. St. Ben's pumped about 1.2 million gallons on a peak day. 2) One of the summer workers quit. Hiemenz made a motion to approve replacing that worker for the rest of the summer, seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Mary Ann Graeve questioned Taufen on water testing. He indicated he I will get a copy of the test results from state tests for her. 1~~6 ~ï~~~r IKP~OVEKEHT PROJECT: Taufen presented the proposed 1996 Overlay and Sealcoat Improvement and asked if the Council wished to follow the plans to have this work done this year. Loso made a motion to approve a Resolution Ordering Preparation of Report on Improvement and a Resolution Receiving the Report and Calling for a Hearing on (mprovement. The hearing shall be held August 1. The scope of the projeGt will be on Fifth Avenue SC between Minnesota Street East and Saker Street East; Fourth Avenue S£ between I'!innesota Street East and Saker Street East; Eastern Court; Western Court; Able Street East between Fourth Avenue SE and Fifth Avenue SE; First Avenue NW between Date Street Wand the northern corporate limits; College Avenue North between Date Street East and the Railroad right-of-way; the East/West alley between First Avenue SE and Second Avenue SE; the North /South alley between East Minnesota Street and East Able Street by eonstruGting a bituminous overlay. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Rieke questioned if the repairs from the fire on East Ash Street should be included in this project. CClUncil discussed thE" need :for "Slow - Children" or 'Children Playing" signs and agreed to have them installed in the East/West alley between First Avenue HE and Second Avenue NE, between Minnesota Street and Ash ~:treet. Signs will bE" installed at each entrance to this alley. I I I I Page July 11, 1 2991 1996 t.:IJUHcrLOR EHL¡':R-r R¡':¡>UR1'S: 1) The Planning Commission held a meet1ng on July 1, with the minutes in the Council packets. I" 2) The Rental Housing Association is again becoming active and has met to discuss problems. I 1 3) Th., eommittee working on the ordinance allowing outdoor liquor per'mits has met and the City Attorney is currently working on their proposal. I 4) Ehler-L was contacted on the need for a 4-way stop at 91st Avenue and Hake,-r' Street East. I 1lI-:R"rAL BUUS1Nß NU1SE CUNTROL RESOLUTION: Loso made a motion to lapprove a R.,solution Regarding Enforcement of Housing Regulations establishing th., policy that any ordinance or statutory violation occurring at le,-ased premises may result in suspension or revocation, even if Ithe violation is a first violation during that license year. Immediate notice,- of violation shall be provided to the property owner and Ithe City .Clerk/Administrator shall expedite the hearing to bring .it before -Lh., City Council as soon as permissible under the law. Additionally the poliey of the City Council shall be to suspend or 'revoke the rental . , liee,-nse for any property where it is determined that the owner has knowingly permitted occupancy in excess of that permitted under I (,rdinanee, or has failed to make reasonable inspection or take ' r'easonable steps to assure that occupancy in excess of the permitted number does not occur. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: Hone. Motion carried. "fh". sale of tobacco committee will meet on July 19. A1>]UUHN: Hiemenz made a motion to adjourn at 9:50 p.m., seconded by Loso.. Ayes: Reber, Rieke, Loso, Hayes: Hone. Hiemenz, Ehlert. Motion carried. Q Rachel Stapleton Clerk/Administrator