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HomeMy WebLinkAbout1996 [08] Aug 01 Page 2992 August 1, 1996 I 1 Pursuant to due call and notice thereof, the City Council for t~e City of St. Joseph met in regular session on Thursday, August 1, 1996 at 7:00 P.I'!. in the City Hall. ftEMBERS PRESENT: Mayor Donald Bud Reber, Council members Ross Rieke, Bob Loso, Ken Hiemenz, Cory Ehlert, Clerk/Administrator Rachel Stapleton. ! OTHERS PRESENT: Judy Weyrens, Dick Taufen, Dave Theisen, Mary Theisen, Tara Ploumen, Dennis Emery, Ken Heinen, Connie Loecken, Dennis Loecken, Mike & Tracy Pflueger, Leon O. Nemitz, Mary Nemitz, Dennis Stueve, Judy Meemken, Herbert Simon, Roger Beuning, Kelly DeWenter, Bruce A. ' DeWenter, Cathy Salzer, Beata M. Wolak-Chute, M. A. "Duke" Hewitt, John L. Gamades, Mark Zimmer, Linda Sniezek, Diane Schneider, Dan Schmitz, Joanne Schneider, Tom Kuelbs, James D. Schwegel, David E. Schreiner, , Mike Tadych, Mike Deutz, Andrew M. Brixius, Mary Niedenfuer, Strve Niedenfuer, Carol Nelson, Carol Dolence, Rudy Zimmer, Mike Scheter, Mike Hazen, Steve Dehler, Joanne Zipp, Lee Zipp, Jeanette Pfannenstein, Mark R. Hoeschen, Lori Pfannenstein, W. C. Tallman, Julie Tallman, Len & Betty Walz, Bernie Evans, Steve Johnson, Dève Douvier~ Steve Frank~ I 1 seconded , Rieke, Loso, Hiemenz, Ehlert. Motion carried I AGENDA: Loso made by Rieke. Ayes: Reber, Nayes: None. a motion to approve the agenda as revised; , ¡ CONSENT AGENDA: Loso made a motion to approve the Consent Agenda as :follows~ seconded by H.ie-menz.. I} Minutes of the July 11, 1996 Council meeting. 2) Economic Development Authority call far applications to the Board. Ayes: Reber, Nayes: None. Rieket Losot Hìemenz~ Ehlert.. Motion carried. PUBLIC HEARING - 1996 STREET OVERLAY AND ALLEY IftPROVEKENTS: Mayor Reber called a public hearing to order at 7:00 P.M. on a proposed street improvement on Fifth Avenue SE between Minnesota Street East and Baker Street East; Fourth Avenue SE between Minnesota Street East and Baker Street East; Eastern Court, Western Court; Able Street East between Fourth Avenue SE and Fifth Avenue SE, First Avenue NW b~tween Date Street West and the northern corporate limits; the East-West alley between First Avenue SE and Second Avenue SE, and'the North-South alley between East Minnesota Street and East Able Street by construct~ng a I bituminous overlay. The maximum estimated cost of the project is $88,600. ' ¡ , Engineer Tom Herkenhoff of SEH discussed the scope and costs ofl the proposed street and alley improvement project and distributed the proposed assessment roles.. I 1 1 1 Dennis Stueve questioned how the mat in the alley would be worked into I I I Page August 1, 2993 1996 i ! the driveways. Herkenhoff indicated there is no milling proposed for the alley, but the mat would be tapered into the driveways. Hel discussed the time frame for ~eeded sewer service line improvements, to be do~e prior to the alley improvement. I Ke~ Heine~ questioned the public hearing process a~d why there is not more federal fu~ds available for our improvements. ! ¡ , needlfor the assessed on ¡ , Roger Beu~ing questioned the method of assessme~ts and the improveme~t. His property is situated so that he could be all four sides. Beu~ing felt this is not fair. I Dennis Emery questioned if the proposed project is maintenance or an improvement. Response - St. Joseph's policy is to assess the adjoining properties for any street re-construction or overlay at 60%, with sealcoating picked up by the City. i i Ken Heinen stated this improvement will probably increase the taxable value of the properties. He questioned the specifications for the mat, as he felt the mat needed to be at least two inches thick. He also questioned what will be done with the curb (existing is a bituminous extension from the street). Herkenhoff indicated the streetwoJld be milled at the edges by the curb. Heinen did not feel this would fu~ction well. I i ago Iwould failed, , Dennis Stueve questioned if seal coating the alley two years have saved it. Herkenhoff stated the base of the alley has sealcoa~ìng is £or surxace maintenance. Andy Brixius questioned how str'eet improvements are determined. Mayor Reber stated the Engineer makes recommendations and the Council considers them. i Ken Hiemenz discussed the Council's long term street improvement plan, which prioritized the improvement of city streets. Kelly DeWenter discussed drainage problems at the Eastern Court icul-de- , sac and Minnesota Street by Eastern Park, and requested city assistance with drainage control. I Lee Zipp asked how it would be possible to mill down the bituminous and leave the bituminous curb. He felt the condition of the curb area was I questionable. ¡ Rachel Stapleton read a written statement received as follows: I"I, Tom Petroski of 112 E. Minnesota Street, vote an emphatic -No" concerning any new improvements made along the alleys adjoining my property." Signed by Tom Petroski, 7-22-96. Tracy Pflueger stated she is against the alley improvement. Steve Frank suggested a poll of the property owner·s be taken. Carol Dolence questioned why alleys in ~esidential areas are as~essed Page 2994 August 1, 1996 I at 1007.. Response - City policy has established this requirement. I'!ike Pflueger felt this improvement would increase the traffic in the alley and recommended consideration of the impact of the increased traffic. Also discussed was what would be the role of the City if the improvement would not be approved. The (existing yorn) surface could be removed and the City would maintain the unimproved surface. Dennis Stueve questioned how he would be required to restore the alley (where it would be excavated) if he has his sewer service line replaced. He questioned if it would have to be restored to bituminous standards. Ross Rieke felt it would have to be restored to standards if the City does the project. Roger Beuning indicated he does not want the improvement on the East- West alley. Mark Hoeschen questioned the depth of the proposed mat on the streets. Response - It will be about two inches at the center and one and one I half at the edge. When Beuning asked how long it was expected to extend the life of the street, the engineer responded, eight to twelve years. Duke Hewitt stated there are weeds growing through the road and curb in some placesÞ Ken Heinen stated the snow plow tears out curb in this area each year. Certainly this project will damage the curb unless you stay at least 12 inches away from it. Mark Hoeschen questioned the amount of damage that may be done to the existing curb with milling close to it. Ross Rieke stated an alternative to the existing curb issue is to do a major project, including concrete curb and gutter to replace the bituminous curb. Rieke further questioned if the people wanted to wait a few years and do a total reconstruction project with curb and gutter and drainage. Dave Douvier questioned if the East Minnesota Street improvements that extend on to 5th Avenue are part of that project. Response - Drainage on the East Minnesota Street project required some york on 5th Avenue SE by Minnesota Street. I Mayor Reber stated that a decision does not have to be made tonight. Further consideration appears necessary. As there were no further questions or comments on the proposed project, Mayor Reber closed the hearing. I I I Page 2~95 August I, 1996 i I , Loso made a motion to table the Street Overlay Improvement project, until consideration of the following: stability of the existing ¡curb; a study of the cost comparisons of total reconstruction and life i I expectancy with overlay costs, new curb and gutter; and drainage issues may be prepared by the City Engineer; seconded by Rieke. ' Ayes: Reber, Rieke, LOBo, Hiemenz, Ehlert. Hayes: Hone. Motion carried. , i Dennis Stueve agreed to circulate a petition for the proposed a~ley improvement, among the affected property owners. BILLS PAYABLE: Hiemenz made a check numbers 22668 - 22805 as seconded by Ehlert. Ayes: Reber, Rieke, Loso, Nayes: None. , motion to approve the bills payable presented by Deputy Clerk Judy W~yrens; Hiemenz, Ehlert. Motion carried. Hiemenz made a motion to approve the overtime and call outs as presented, seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz. Ehlert. Nayes: None. Motion carried. TREASURER'S REPORT: Weyrens presented the second quarter Treasurer's , Report. Loso made a motion to accept the report as presented, seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. BAYOR REPORTS: No report. MEBBERS OF THE COUNCIL REPORT RIEKE: No report. EHLERT: No report. i the e.ast end sirert during 1 2) The sidewalk from Birch Street to Ash Street on First AvenuelNw needs to be replaced. Council was generally agreed to have Loso get cost quotes for replacement of this sidewalk (about 2,500 s.f.) land bring them to the Council for consideration. ' LOSO: 1) Loso received many phone calls from residents on of the City stating they were unable to hear the emergency the recent tornado warning. 3) People have asked if the City would consider allowing the bl¿Ck of Minnesota Street adjacent to the parish grounds t~ be used for I activities in conjunction with the 4th oÍ July Festival, in order to relieve some oÍ the congestion on the parish grounds. The adjacent side streets could be blocked off to traÍfic. Council had short discussion on the need tel provide a íìre lanep and other saíetyfìssues. Page 2996 August 1, 1995 I 4) Loso received several complaints about the safety of a squad car parked on Highway 75 with the lights off. They felt it was a hazard. HIEMENZ: 1) Hiemenz received calls and letters concerning the ordinances controlling rental units. They felt the ordinances should be used equitably across the board. Rental units other than student rentals should get equal treatment for ordinance violations. 2) Hiemenz stated a caller expressed concern that the City Attorney is an alumnus of St. John's and on the Alumni Board, and making recommendations to the City on student issues. The caller felt this is a conflict of interest. I'!ayor Reber stated the City is working with the Colleges to resolve student issues. John Scherer indicated he no longer is chair of the alumni association but he tried to use his position to help influence the University to exercise student control. CITY ENGINEER REPORTS EAST ftINNESOTA STREET IftPROVEKENT PROJECT: Tom Her-kenhoff of SEH, presented Application for Payment Number 2, for the East Minnesota Street project, to Mid-Minnesota Concrete & Excavating for $152,326.32.1 Hiemenz made a motion to approve the Application as presented, seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: None. Motion carr-ied. THIRD AVENUE NE IftPROVEMERT: Stapleton presented a Petition to Council requesting the construction of water main and services, sanitary sewer and servìces~ bituminous surÍacingp and concrete and gutter- for the section from Ash Street E to County Road 75. included is approximately 100 feet of the adjacent alley. the curb Also Loso made a motion to accept the petition and approve a resolution Authorizing the Public Improvement, waiving a public hearing because 1007. of the affected property have executed a petition requesting the impr-ovement, ordering the improvement, and authorizing the City Engineer to proceed with the plans and specifications, seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. STREET LIGHT - THIRD AVENUE HE: Ehler-t made a motion to approve installation of a street light at the northwest corner of Third Avenue ME and the alley north of Ash Street. The motion was seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: MOTJe. Motion carr-ied. I Ehlert made a motion to recess at 8:35 P.M. for ten minutes; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Mayes: None. Motion carried. I I I P ¡:H'". p ....;cÙ:·r7 ... 'I .. August 1, 1996 Mayor Reber reconvened the meeting at 8: 47 P. .M. COMMITTEE REPORTS OUTDOOR LIQUOR: Ehlert reported the committee has reviewed the proposed amendment to the liquor ordinance allowing and cont~ol~ing the sale and consumption of liquor outside the confines of the 11ce~sed building, and an application form for such permit. City Attorn~y John Scherer further discussed controls and recommendations. Council agreed to place this matter on the consent agenda for the next meeting.¡ i ¡ CONTROL OF SALE OF TOBACCO: Rieke discussed the revised propose~ tobacco ordinance. The Council agreed to send a draft copy of the revised ordinance to the cigarette license holders and other interested persons. This matter shall be placed on the next agenda. I i PERSONNEL COftKITTEE: Rieke reported the committee recommended a reasonable revised policy for use of accumulated holiday hours. I The committee recommended and Rieke made a motion to approve the following: i All employees accumulated holiday hours must be used within ~ix months of earning the hours: seconded by Ehlert. Discussionl- If the hours are not used within that time frame the requirements of the personnel policy would be in effect, i.e. without speciai Council permission the hours would be lost. The motion was seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. FIREWORKS PERftIT: Fire Chie~ Dave Theisen informed the Council about the College of St. Benedicts celebration plans far dedication of the Haehn Student Center and installation of the new college presid&nt. They plan to have a fireworks display and need to make applicat~on to the City Clerk to comply with the laws. Theisen presented a sa~ple application ~or display of fireworks and indicated he would require a £ire truck along with sufficient personnel at the fireworks display. The permit also allows a fee to caver administrative costs. Mayor Reber made a motion to waive the fee and all fire department costs as a continued effort o£ cooperation with the college. The motion w~s seconded by Rieke. Discussion - Council requested a compilation of the Fire Department costs and any other costs in relation to this permit. Hiemenz clari£ied that the £ee waiver is for thisievent only. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. MARK TWAIN FRANCHISE RENEWAL: Steve Johnson, Mark Twain Cable Company manager, appeared before the Council to request the Council begin the process o£ renewing the franchise. Hiemenz indicated the City kay wish to open the franchise up to other cable systems. Johnson indickted the I ] i i Page 2998 August 1, 1996 need to begin this process now in order to secure long range control I prior to any upgrading of the system. He also indicated St. Joseph is the hub of the outlying cable systems, due to the location of the receiving equipment. He stated additional channels will be added due to requests and the rates will increase $2.Ø0 September 1st. Johnson then presented an ordinance renewing and extending the term o£ a cable television franchise and requested the Council consider it. Johnson also introduced I'!elvina Gillespie, Cablecomm's Minnesota Marketing Director. CLERK/ADMINISTRATOR REPORTS COMMUNITY EVENTS SIGN: Rich Feneis is in the process of getting advertising. Over half of it viII be from St. Joseph businesses. CAPITAL OUTLAY - POLICE DEPARTMENT: At a recent meeting of City O£ficials it was generally felt a camcorder would be a bene£icial asset for the Police Department. Council tabled the matter Íor the Police Chief to gather and bring costs to the Council. WORKERS COMP DEDUCTIBLE: Rieke deductible, for medical claims seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hayes: Hone. made a motion to approve a $500 Íor each occurrence Íor yorkers camp; I Hiemenz, Ehlert. Motion carried. wATER TREATMENT FACILITY: Stapleton presented an invoice from Ben Tee far $23,872 £or the SCADA control system and recommended approval o£ the full amount but allovance to release payment 'in increments as agreed an with the Engineer. Rieke made a motion to approve payment as recommended, seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Mayes: Hone. Motion carried. OPEN TO THE PUBLIC: Linda Sniezek brought up rental housing issues and will discuss this matter further later in the meeting. Mark Zimmer would like rental housing representatives at the Summit meetings with CSB representatives, SJU representatives, the Mayor, and Police Chief along with East Ash Street resident representatives. On Zimmer agreeing to be that representative, Mayor Reber agreed to invite him to the next meeting. There were questions on the East Minnesota Street sidevalk and clar'ification that the City will do year around maintenance on the sidevalk. When asked why the Council reversed it:*s decision to omìt them, Mayor Reber indicated the public outcry required reversing the decision and allow installation oÍ sidewalks. I Steve Frank Íelt there is not enough inÍormation on the agenda and that I I I Page August 1, I i ¡ I 2999 19.9E. it is not complete. complete. He felt the items should be more descriPtivle and Steve Frank also recommended allowing the rental housing issues t ' 0 percolate for a couple months prior to making any decision. , i WATER TREATftENT FACILITY IftPROVEKERT PROJECT: Dick Taufen discussed the status of the water treatment facility project. He introduded a proposal with two options for a bridge over the backwash pumps. I Options for steel and aluminum structures were presented. Alumi~um is the material of choice. Dick is seeking quotes from a local con~ractor for a competitive quote for aluminum. When he receives that quo~e he will bring it to the Council. I i , Taufen also presented a change order request for rewiring the fire hall range to comply with current electrical codes, cost $231, and to: Update de-icing on roof to comply with current electrical code, cost $1~2. Loso made a motion to approve the change orders as presented for rewiring, seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Mayes: None. Motion carried. Mayor Reber extended the meeting 30 minutes at 10:00 P.M. KEG, NUISANCE AND HOUSING ORDINANCES: Linda Sniezek expressed the need for time for the landlords to work on this issue. She e>tpressedlthat the landlords felt they are being treated unfairly in this matter. Mayor Reber expressed the need for the landlords to work withth~ City on controlling these matters. Strong lease agreements were discussedt and the landlords stated most of them use the same strong lease. I Jim Schwegel questioned i£ these matters only apply to proper'ties, and what would happen if an owner occ,upied violate these ordinances. The City Attorney e:.'plained the rental ordinance and permits give the city. rental , I property would the allowances I , I Jeanette Pfannenstein indicted a copy of the £inal agenda could be posted prior to the meeting. John Gamades expressed concern about what constitutes a noise violation. ¡ Ross Rieke questioned i£ the Council would consider a town meeting on this matter. Council was in general agreement to hold a "town méeting" on August 28 Íor residents, landlords, college oÍíicials, studeni representation and all interested persons. I Council will be receiving the £irst dra£t of the budget and agreéd to hold a budget working meeting on August 6. I ADJOURN: Loso made a motion to adjourn at 10:30 P.M., seconded by Hiemenz. Ayes: Re-ber, Rieke, Loso, Hie-men:!, Ehlert.. Hayes: None. Motion carried. Page 3ØØØ August 1, 1996 Rachel Stapleton Clerk/Administrator I I I