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HomeMy WebLinkAbout1996 [08] Aug 15 I I I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 15, 1996 at 7:00 P.M. in the City Hall. MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Ri'eke, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton. Bob Loso was absent. I OTHERS PRESENT: Dick Taufen, Ellen & Bob Wahlstrom, Steve Streng, Gary P. Hel~temes, Martha Merdan, Joan Ackerman, Mike Tadych, Ken Heinen, Harold Chute, Mike Stringer, ~Ben Stringer, Alfred Eich, Carol Nelson, Mary Heinen, Mary Niedenfuer, Mark Hoeschen, Mary 'Kay Hoeschen, Arthur J. Reber, David Schreiner, Marjorie Moore, Kay M. Hanson, Wendy Vel-kinnes, Troy Battjg, Jim Graeve, Dick Battig, Alan Rassier. I Mayor Reber called the meeting to order at 7:00 P.M. with Councilors Rieke. Ehlert, and Hiemenz present. I AGENDA: Hiemenz made a motion to approve the agenda as revised; seconded by Ehlert. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. i CONSENT AGENDA: Hiemenz made a motion to approve the consent agenda with thè omission of item 3d. Grant Applications for Marketing and EDA Funding for consideration: at a future meeting, and removal of item 3c. Ordinance 71 Amendment - Outdoor Liquor Permit, to be discussed later in the meeting. The motion was seconded by Rieke. Consent Agenda: 1. Minutes of August 1 as amended. 2. Approval of Election Judges as follows: Mary Generous Rudy Gapko Ti 11 ie Wasner Judy Weyrens Claudette Klein Dorothy Sadlo Rachel Stapleton Marge Lesnick Plus three more Judges Doris Johnson Elaine Imholte Carol Trinklein Adeline Gillitzer Leander Meyer Marce 11 a Gi 11 S. Kathleen Kalinowski Lorraine Taufen for Precinct Three. 3. Kern, DeWenter, Viere, Ltd.'s 1996 Financial Audit Proposal. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. BILLS PAYABLE, OVERTIME AND CALLŒJTS: Hiemenz discussed the need for the Chiefiof Police's approval as Department Head to the hOliday hour use extension requested by IDean Cichy. Stapleton stated the request had been submitted to the Chief who in turn had presented the request to her. Hiemenz then made a motion to approve the request of Dean Cichy to extend the time to carry his holiday hours so he may vacation in October. The motion was seconded by Rieke. i Ayes: Reber, Rieke, Hi emenz , Ehlert. ' Nayes: None. Motion carried. After a short discussion of several bills, Ehlert made a motion to approve the bills payable check numbers 22834-22883, overtime and callouts as presented; seconded by Hiemenz. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. Page 3002 MAYOR REPORTS: 1) Dunnick Brothers, Inc. requested to use city street for transporting bituminous material during the reconstruction of Highway 75. They will agree to repair damage to the streets at their expense. 2) Mayor Reber recommended putting the proposed 1996 Overlay Improvement on hold to be I reconsidered in the spring. 3) Dennis stueve has circulated a petition for the improvement of the alleys in his block. He indicated of 12 property owners he has 8 signatures. Without 100% requesting the improvement the Mayor indicated he was not supportive of pursuing the project. Mayor Reber reported also Stueve questioned if it is possible to control truck traffic in the alley. His response to Stueve was alleys are right of way areas for traffic. Mayor Reber felt that further traffic control in alleys is not warranted. Mayor Reber made a motion to deny the request to reconstruct the alley. Hiemenz stated there are homes fronting on this alley, and the Council may need to reconsider this position. The motion died for lack of a second. Rieke recommended reconsidering at a future meeting after the petition is filed with the Clerk/Administrator. MEMBERS OF THE COUNCIL REPORT RIEKE: The bathrooms in Centennial Park have been locked during the.day and people who have stopped to use them were unable to do so. He questioned why. EHLERT: The Planning Commission considered the request of All Star Pizza for a building permit along with a parking plan, for the old Williams Funeral Home building for relocation of their pizza business. The Planning Commission recommended approval. The Planning commission also approved Linda Schyma's request to remove a dividing wall in her building and reopen it with the current use (a pizza restaurant). The building is locatedl on the northwest corner of College Avenue and Minnesota Street and was the former location of All Star Pizza. 2) The Planning commission had some concern about the former Little Louie's Pizza property. Trucks are being stored on it with expired plates, there is a partially filled gas tank, and the weeds need to be removed and property cleaned up. Rieke and Hiemenz both stated that ordinances are in place for controlling these situations, and they should be dealt with as provided by the ordinances. 3) Ehlert discussed the contract terms and payment conditions for the East Minnesota Street proj ect. HIEMENZ: 1) Hiemenz noted a correction to the Department Head meeting minutes. August 2, E and F were Hiemenz's report 2) Hiemenz recommended establishing the boundary for EDA Board members to within a two mile radius of the City. Rieke made a motion to approve the recommendation; seconded by Hiemenz. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. 3) An ad should be run in the St. Joseph Newsleader seeking applicants to fill the vacant position on the Park Board. , . I BUFFER ZONE AND VEGETATION FOR THE OOlDING PONDS: Ellen Wahlstrom discussed a proposal fo vegetative screens in high traffic areas. She presented information gathered from Dr Gregory Pratt of the MPCA and Leo Holm of MOOT concerning the beneficial use of vegetativ material. Wahlstrom presented the following: Page 3003 I I I "Vegetative screens are environmentally and aesthetically important for health in high traffic areas: I i 1) With vegetative screens in place, trees will provide current to dive~t gases from transport to recipient of air being breathed. 2) Vegetative screens provide space that will intercept particles coming from transport. 3) Plants will absorb some gases from transport - Ex. nitrates." Wahlstrom requested the Council begin including vegetation in their planning process and would like it discussed at length in the future. Mayor Reber thanked her for the worthwhile information. Rieke recommended targeting specific areas for future consideration for upgrading vegetation. Hiemenz indicated he had Worked with information in I a different position and concurred that the information is very good. Joe Bettendorf stated if this is to be included in the current project it needs to be done immediately. He indicated he will meet with Wahlstrom to proceed with plans. I CITY ENGINEER REPORTS I WELL NUMBER 5: Two bids were received for Well Number 5 and were opened August 14th. The low bid was submitted by Donabauer Well\Pump Company of St. Joseph in the amount of $25,407. The second bid was submitted by Mark J. Traut Wells, Inc. of St. Cloud in the amount of $36,250. Donabauer's bid bond was not signed and Traut's Bid Form was not signed. Both of these omissions are significant omissions warranting rejection of both bids. I Bettendorf recommended rejection of both bids and rebid the project. Mayor Reber made la motion to approve the recommendations of the City Engineer; seconded by Hiemenz. Discussion - Hiemenz questioned if these omissions may have been intentional. Bettendorf responded that he felt , they were both simply oversights. Contractors do not like this type of situation. Ayes: Reber, Rieke, Hiemenz, Ehlert. I Nayes: None. Motion carried. 1996 SEAL COATING IMPROVEMENT: Bids were received and opened August 15 as follows: Asphalt Surfaces Technologies Corporation $10,951.00 Corp., of i I I RIGHT OF WAY ACQUISITION: Bettendorf discussed a proposal forjacquisition of þroperty for future right of way for extension of 12th Avenue SE. Rieke ¡made a motion to approve a resolution to acquire right of way property from Ronald Kostreba according to the agreement laid out in the resolution; seconded by Hiemenz. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. Page 3004 1996 STREET OVERLAY IMPROVEMENT PROJECT: Bettendorf briefly discussed the proposed overlay project with the Council and presented a study of costs comparing overlayl and total reconstruction. Mayor Reber made a motion to table the matter until spring; seconded by Rieke. Discussion - Construction costs could change in the spring. The COUncil would I Pearson Brothers 15,876.99 Caldwell Asphalt 18,734.58 I Technologies , ! Hiemenz made a motion to accept the low bid of Asphalt Surfaces $10,951, as recommended by the City Engineer; seconded by Ehlert. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. probably hold another hearing on the project before proceeding with it. Bettendorf discussed seal coating and overlay extends the life of a street. Ken Heinen questioned the two inch increase in height of the center of the street, concerning drainage problems. Jim Graeve questioned why the project is proposed now. The response was - The Council set up a street maintenance and improvement plan to preserve the streets. This proposed project is part of I that plan. Vote on the motion: Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. Hiemenz made a motion to recess for ten minutes at 8:30 P.M.; seconded by Ehlert. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. Mayor Reber reconvened the meeting at 8:40 P.M. HIGHWAY 75 ~ION: Duninck Brothers are the contractors for the Highway 75 reconstruction project. They have requested to use portions of Sate street, First Avenue NW and First Street NE for trucks hauling. They have agreed and will sign a document stating they will repair and restore any d~~age caused by this use. Council was in general agreement to allow this use with the repair and restoration agreement. 91ST AVENUE REPAIR: Bettendorf discussed proposals from Hardrives for repair of a previous project on 91st Avenue. He stated there were funds set in reserve for possible repairs that may be needed, due to the original construction. Hiemenz made a motion to approve the quotes of Hardrives for repair from a previous project on 91st to two driveways and a patch in the street, total cost $2,170. The motion was seconded by Ehlert. Ayes: Reber, Rieke, Hi emenz , Ehlert. Nayes: None. Motion carried. I STOP SIGN REQUEST: Mary Niedenfuer appeared before the Council to request a stop sign be installed at the corner of 5th Avenue NW and Birch Street West for safety. After short discussion Hiemenz made a motion to approve the sign as requested, if after the city Engineer reviews the matter from a traffic engineering status, and concurs with the installation. The motion was seconded by Rieke. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. SPECIAL PERMIT FOR DOGS: Tammy Alt appeared before the Council requesting a special permit to allow up to three dogs at her residence at 300 East Minnesota Street. Hiemenz made a motion to allow up to three small house dogs at the residence at 300 East Minnesota Street as allowed by Ordinance 104 and due to recent court matters affecting an area city; seconded by Ehlert. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. There was further discussion on methods of controlling barking of dogs. TOBACCO ORDINANCE: Rieke made a motion to approve the amended ,tobacco ordinance as revised and recommended by the committee. The motion was seconded by Hiemenz. Discussion - Rieke expressed concern that the requirement for prosecution of minors using tobacco is omitted aSI well as a penalty for the clerk selling the product. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. Further discussion for the audience questioned the penalties go with the licensing year and Page 3005 I I I not by twelve months. Also questioned were the frequency of compliance checks and why a waiver would be allowed after a sale of tobacco. There was also further discussion of the need at the state level to mandate the prohibition of minors using tobacco. i I I BUILDING PERMIT APPLICATION: Cory Ehlert introduced Troy Battig and discussed the recommendation of the Planning Commission to approve the parking plan for a building permit in the General Business Zone. All Star Pizza intends to relocate to an existing building on the southwest corner of College Avenue North and Ash Street West, in the former Williams Funeral Home bUilding. i I The Council discussed the need for parking to be provided in the General Business Zone, noting adjoining property owners have provided adequate parking for their businesses. On Battig being asked if he had tried to negotiate parking spaces,within the area, I he responded he was unable to get any commitments. , I I Mayor Reber made a motion to deny the parking plan of four spaces, two of whichiblock in the other two spaces, indicating it is not workable nor adequate, will have an adverse effect on the adjoining property, and there is not enough room for a dumpster on the property according to the plan. Hiemenz discussed the leeway in parking requirements in the central business district, costs of providing parking and student parking problems. He stated we need to be sensitive to the adjoining property owners. The proposal of a large dining room with overflow indicates a need for a greater number of parking spaces. Hiemenz also discussed the problems supply trucks will cause on deliveries. Hiemenz secOnded the motion.1 I ! Discussion - Rieke questioned if it is possible for Battig to seek other off ¡site parking spaces and consider the matter at a future meeting. Battig indicated he needed to be operating when the students arrive. Hiemenz expressed concern about encroachment on adjoining property. Ehlert stated the plans call for curbing to be installed at the edge of the parking area. If there is a need for further barri er a fence wi 11 be requi red. i I Battig stated if parking requirements for a dining room can not be met he would be willing to revise the plans to a take out only business. Upon a call for the vote the follow resulted: Ayes: Reber, Hiemenz. Nayes: Rieke, Ehlert. Motion failed. Rieke stated to maximize the use of the building adequate parking must be found. Rieke discussed the need to further consider the options. Rieke made,a motion to move Iforward with a permit to allow only take out based on a plan brought to the Planning Commission, which would provide for a maximum of three employees and no seating for dining. The motion was seconded by Ehlert. Ayes: Rieke, Ehlert. Nayes: Reber, Hiemenz. Motion failed. Rieke made a motion to deny the permit and invite Troy Battig back to present a new plan; seconded by Reber. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. ANNEXATION: The Minnesota State Municipal Board has approved the annexation of the Roske Property and that portion of Highway 75 from the eastern boundary of the city to 91st Avenue. At the next meeting the Council will consider action on annexation of the remainder of the property wi thin that area. I I Page 3006 I I CLERK/ ADMINIS1RATOR REPORTS TOlIN MEETING FOR RENTAL I-KJUSING ISSUES: The date of August 28 is not an option for the Town meeting if college administration will be involved. Council general'ly agreed to change it to September 4. ELECTION PROCESS: Stapleton discussed with the Council absentee voting locations. For the last election absentee voting was allowing in the City Hall Annex. Because there is not adequate space for the daily operation, this was quite cumbersome and difficult to provide adequate privacy to the voters. Counci 1 generally agreed to have absentee ballot applications available at the office to allow the voter to mail:it to the County Auditor's Office, instead of providing absentee voting. During the planning process of the new city council chambers and city offices the need to provide space for absentee voting will be considered. I ALLEY CONTROLS: A request for controls in the alley between First and Second Avenues NE and Ash and Bi rch Streets was received. Council discussed these signs have recently been installed. SPECIAL EVENT AND CUTDOOR Llam LICENSE: Rieke made a motion to approve a special event and outdoor 1 i quor 1 i cense as presented, for the College of st. Benedi ct, September 21 to September 22 for the dedication of the Haehn Campus Center and the Inauguration of the new president of the college. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. POLICE DEPARTMENT SUPPLIES: Council generally agreed to allow the reimbursement to a pol ice officer for the purchase of two boxes of ammunition for training, because the regular supplier was out of stock. ORDINANCE 71 AMENDMENT CUTDOOR LIam: Stapleton discussed the recommendation of Dick Taufen I to include a requirement to repair any holes in alleys or right of way areas due to installation of tents or any equipment in conjunction with the event. Rieke made a motion to approve an Amendment to Ordinance 71 outdoor Liquor with the inclusion of the recommendation; seconded by Hiemenz. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. RENTAL I-KJUSING INSPECTION: Alan Rassier, Rental Housing Inspector, gave a report on the status of the annual inspections. He indicated the inspections are nearly completed and presented a list of those properties allowed short extensions to complete repairs. At 10:00 P.M. Mayor Reber extended the meeting 10 minutes for public comment. OPEN TO THE PUBLIC: Mike Deutz stated parking plans are approved by the Planning Commission, and then not enforced. Council discussed further the need to follow up on parking requirements. Rieke further discussed the parking proposed by the Design Team. Hiemenz discussed the role the EDA could play in obtaining city provided parking. ADJOURN: Rieke made a motion to adjourn at 10:10 p.m.; seconded by Ehlert. Rieke, Hiemenz, Ehlert. Nayes: None. Motion carried. Ayes: Reber, I Rachel Stapleton Page 3007