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HomeMy WebLinkAbout1996 [09] Sep 05 I I I September 5, 1996 I i I Page 3012 I Council Íor the City September 5, 1996 at I , Pursuant to due call and notice thereoÍ, the City oÍ St. Joseph met in regular session on Thursday, 7:00 P.M. in the City Hall. BEBBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, IBob Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton. I OTHERS PRESENT: Judy Weyrens, Dick TauÍen, Ellen Wahlstrom, I Bob Wahlstrom, Gary P.·Heltemes, Steve Streng, Art Reber, Roger Beuning, A1Íred J. Eich, Jane Reber, Mark Zimmer, Denny Stueve, Leon HOÍÍ~an, June HOÍÍman, Rita Douvier, E. Goebel, John Scherer, Dave Hiede~an, Rick Heid, Ken Heinen, Dennis Emery, Jim Graeve, Ken Twit. i Mayor Reber called the meeting to order at 7:00 P.M. with Loso and Hiemenz present. , I Councilors I ¡ AGENDA: Loso made a motion to approve the revised agenda; seconded by Hiemenz. Ayes: Reber, Loso, Hiemenz. Hayes: Hone. Motion carried. Ross Rieke arrived at 7:01 p.m. CONSENT AGENDA: Loso made a motion to approve the consent agenda with the removal oÍ item 3c - Police OÍÍicer Code oÍ Conduct Íor l~ter discussion; seconded by Rieke. I Ayes: Reber, Rieke, Loso, Hiemenz. I , Hayes: Hone. Motion carried. BILLS PAYABLE: AÍter short discussion, Loso made a motion to app~ove the bills payable check numbers 22826 - 22963, overtime and call6uts as presented by Judy Weyrens; seconded by Rieke. Discussion I Weyrens requested approval Íor computer equipment (CD Roms and tape backup units Íor the oÍÍice computers at a budgeted cost oÍ $1,299.00 with a supply oÍ tapes at $500. Council agreed to include this approval in the motion. I Ayes: Reber, Rieke, Loso, Hiemenz. ' Hayes: Hone. Motion carried. i I BAYORS REPORT: Mayor. Reber 1) read inÍormation on the need Íor residents to be responsible Íor their property and sensitive to th~ir neighbors needs. I , 2) Discussed the need Íor Íollow up oÍ compliance to spec~al requirements oÍ Special Use permits and Variances and recommended ~he Maintenance Supervisor's duties be increased to include checking' on the compliance oÍ these special requirements. Loso Íelt this duty would be closer to the Building Inspector's duties and recommended a , procedural change be drawn up and implemented. AÍter a short discussion the Council agreed to seek recommendations Írom the Building Inspector. September 5, 1996 Page 3013 3) The Developer's Agreement £or the Northland Addition required a road be constructed £or construction tra££ic i£ there were complaints. The document re£erenced an easement on the Roth£ork property. Stapleton will look into the status o£ the easement. COUNCILORS REPORT RIEKE: ,.1) The CORE COJllmi,tteemet:and agreed to move Community Day to Sunday, October 6. The Committee also discussed the upcoming September 18th meeting concerning student and resident issues. 2) Rieke discussed the level o£ street lighting the City wishes to maintain. He £elt there are many dark areas and questioned i£ the City wishes to take a posture at a £uture date, to reconsider the level o£ street lighting provided. LOSO: 1) Two quotes were received £or replacing the sidewalk on First Avenue NW between Ash Street and Birch Street. Quotes were $4,350 and $4275 £or sidewalk installation with the City removing the existing sidewalk. Loso made a motion to approve the low quote o£ $4,275 submitted by Peter Giroux Construction; seconded by Reber. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. 2) There are two Minnesota Street. lighting desired consideration. dark areas by between 1st and 3rd Avenues SE on A short discussion £ollowed on the level o£ street by the residents, and the need £or £urther HIEKENZ: 1) The Star City Commission requested permission to apply £or EDA grant assistance. Hiemenz made a motion to approve applying £or EDA grants; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. L ,-.",., 2) Parking problems are occurring in the area o£ First Avenue NE and Date Street due to street parking being used as over£low parking £or the apartment complex. Also the lines delineating the parking spaces are being ignored, thereby using more spaces. This problem needs to be brought to the renters attention. There have been problems with yard running and jay walking also. These problems will be discussed with college o££icials and other interested persons. Cory Ehlert arrived at 7:37 p.m. I I EHLERT: 1} The camping area at Millstream Park has the same campers (such as construction workers) camping there £or long periods o£ time. Other people who want to use it have £ound it £ull. Ehlert recommended establishing some controls on this area. The matter will I be turned over to the Park Board £or consideration and setting policy. I I I September 5, 1996 Pagel 3014 . ordinance i , I 2) ~h¡~~t ~¡~~~¡~H~~~~~ H~~t~Qts he had on the proposed keg and noise violations. OUTDOOR LIQUOR PERMITS LA PLAYETTE: Mark Zimmer appeared beÍore the Council to request two outdoor liquor permits. AÍter short discussion Loso made a motion to approve the outdoor liquor permits for the La Playètte on Octobe} 5th and October 6 to 11:00 p.m. (SJU Homecoming - no outdoor music» and October 18th to October 20th to 1:00 a.m. (OctoberÍest - to include a tent extending into the alley, and allow closing the alley) , as presented and approved by the ChieÍ of Police. The motion' was , seconded by Ehlert. i , Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. ' Nayes: None. Motion carried. i I Loso made a OctoberÍest; I i I I SAL'S BAR: Todd Fultz appeared before the Council to requestl two outdoor liquor permits. AÍter short discussion Loso made a motion to approve the outdoor liquor permits Íor Sal's Bar as presented' Íor September 28 (Pro Wrestling event) to 10:00 p.m., and October 5th IÍrom Noon til 9 p.m., Íor Homecoming (no outdoor music). This approval is , contingent upon his contacting all oÍ the neighbors prior to these events. The motion was seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Zimmer indicated he motion to allow one seconded by Hiemenz. Ayes: Reber, Rieke, Nayes: None. would contact all the neighbors. Íee oÍ $50 to be charged for the Loso, Hiemenz, Ehlert. Motion carried. CLERK/ADMINISTRATOR REPORTS: 1997 PROPOSED BUDGET: Loso made a motion to approve the 1997 proposed budget of $987,368 with a proposed levy oÍ $290,632, and debt service as follows: 1992 Bond - 1993 Bond - 1996 Bond - East Baker Street East/West Minn. Street East MN Street 8,000 20,000 69,000 The budget and levy will be reconsidered at the Truth in Taxation hearing. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. POLICE DEPARTftENT CAMCORDER: Hiemenz made a motion to approve the request oÍ Chief Lindgren Íor a camcorder, cost $918; seconded by Rieke. Discussion - Councilors questioned Íromwhat part of the police budget area is this coming. Ayes: Reber, Rieke, Loso, I September 5, 1996 Page 3015 Hiemenz, Ehlert. Hayes: Hone. Motion carried. EIIERGEJilCY WATER CONSERVATION PLAN: Hiemenz made a motion to adopt the Emergency Water Conservation Plan with corrections subject to DHR approval and with the allowance to amend it in the future. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: Hone. Motion carried. ORDINANCE 107 GARBAGE AND REFUSE: Council discussed the manner in which to deal with a private property in violation of Ordinance No. 107. Generally they felt it necessary to follow the ordinance requirements and policies. ANNEXATION: After short discussion on the methods of annexing properties, Loso made a motion to approve a resolution to annex the properties that are currently an island between East Minnesota Street and Highway 75 and Third Avenue NE and 91st Avenue; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. OPEJiI TO THE PUBLIC: Dave Schreiner concrete on East Minnesota Street. Plus pave his driveway. discussed the vandalism to the new He also requested to have Concrete Dennis Stueve expressed concerns about the alley situation which abuts his property located a 111 Able Street East. Rita Douvier felt the annexation process is long. Ray Loehlein questioned when he would be required to hook up to services and the costs involved. Jim Graeve expressed concern with discussion of "them and us". He felt the community should be greeting everyone that looks "new" to the community. He felt there is an over emphasis on police. Steve Frank questioned 1) how much of a financial commitment is required of the City in the EDA grant application requirements. Hiemenz indicated there is no local funding requirement; this is an outright grant. 2) He questioned if the baseball field may be used by local "pickup games'. Response - yes if another team game is not scheduled to conflict. 3) Frank stated there was no public input for the budget planning. Response - there have already been two public meetings on it during the planning process. I I I I I I I I Page 3016 I 4) Gary Heltemes questioned the amount o£ the sewer and water hookup charges. He compared it to another city that has a nominal charge. , Response - the City o£ St. Joseph established hookup charges based on an adjusted cost previous residents paid in assessmentk £or , construction o£ the utility systems. Included in these costs w'as the purchase o£ additional space in the St. Cloud Wastewater Tre~tment Plant £or £uture needs o£ St. Joseph. I September 5, 1996 Mary Ann projects. sources. £or ¡ their , £unding Graeve stated Redwood Response they also Falls received had donations grants and other I Ellen Wahlstrom questioned the amount taxes would be going up, and the e££ect the £ire hall would have on them. Loso made a motion to recess at 9:05 p.m.; seconded by Reber. Ayes: Reber, Rieke, Loso. Hayes: Hiemenz and Ehlert. Motion carried. Mayor Reber reconvened the meeting at 9:17 p.m. CITY ATTORNEY quali£ications £ranchise, and REPORTS: City Attorney John Scherer reported on £or municipal o££ice, rental license in£ormation, I cable a ballot question. I BOND QUESTION: Scherer stated the bond question is very straight £orward and recommended putting together an in£ormational statement £or the St. Joseph Newsleader on the bond question. It should iriclude the method proposed £or £inancing the debt through the £ire £und. i i Loso made a motion to approve the ballot question £or bonding to £inance ~he fire hall as £ollows: ¡ St. Joseph issue 51,235,000 in Glneral the construction o£ a £ire station and 'Should the City o£ Obligation Bond to £inance relatedimprovements'l" Reber seconded the motion. Ayes: Reber, Rieke, Loso, Hayes: None. Hiemenz, Ehlert. Motion carried. CABLE FRANCHISE: Scherer recommended re-establishing a ICable Commission to allow £or public input and hold a public hearing.1 The Commission could then make a recommendation to the Council. Hiemenz made a motion to authorize the Clerk/Administrator to provide notice to those interested in sitting on the Cable Commission; seconded by Ehlert. ' Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: None. Motion carried. POND VIEW RIDGE THREE: Rick Heid presented a £inal plat £or Pond View Ridge Three £or Council consideration. A£ter discussion o£ elevation September 5, 1996 Page 3017 designation needs and status o£ the Developer's Agreement, Mayor Reber I moved to table action on the plat and development until recommendations are received £rom the City Attorney and City Engineer on this matter. The motion was seconded by Rieke. Discussion - Heid may move £orward with plans by removing topsoil and such, but actual construction may not begin until approval by Council and execution o£ the Developer's Agreement. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: Hone. Motion carried. ALLEY RECONSTRUCTION: Council discussed the status and needs o£ the alleys in the block between Minnesota Street and Able Street East, between 1st and 2nd Avenues SE. Mayor Reber indicated City policy does not black top alleys, nor is there 100Y. support by the abutting property owners. Hiemenz suggested that because some homes £ront on the alley it £unctions as a street. Assessments £or an improvement o£ it could be handled as street assessments. Rieke stated the other option is to allow the current asphalt sur£ace to deteriorate. He £urther discussed that sewer service lines in the alley need replacing, and the type o£ restoration that will be required. Council suggested the City may allow the neighbors to improve the alley on their own without 100Y. participation i£ they wish. Mayor Reber ext~nded the meeting £i£teen minutes.at'10:00 p.m. Hiemenz made a motion to deny the request to improve the alley, based on less than 100Y. support by adjoining property owners. The motion was seconded by Loso. Ayes: Rieke, Loso, Hiemenz, Ehlert. Hayes: Hone. Reber abstained. Motion carried. I Rieke made a motion to require restoration o£ the alley a£ter excavation to be to alley standards, that is bituminous standards are not required, but blacktop restoration is expected. The motion was seconded by Loso. Ayes: Rieke, Loso, Hayes: Hone. Motion carried. i FIRE RELIEF ASSOCIATION: Ken Twit appeared be£ore the Council to discuss the City participation requirement £or 1997. He stated the report indicates a surplus at the current £unding rate. The Fire Board will revisit this issue to consider increasing the yearly pension level to $1,050 £or the members. This would e££ect the need £or City £unding requirements. Hiemenz made amotion to accept Schedule I-II Report o£ Financial Condition the Fire£ighters' Relie£ Association to end o£ 1996 and Requirements £or 1997 ¡ seconded by Ehlert. Ayes; Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes; Hone. Motion carried. Hiemenz, Ehlert. Reber abstained. CITY ENGINEER REPORTS I I I I September 5, 1996 I I I I Page 3018 i WELL NUMBER FIVE BIDS: Three bids were received and opened :for construction o:f Well Humber 5. Donabauer Well & Pump Co. bid was rejected due to a major discrepancy. Bids were submitted as :follows: I Donabauer Well Mark J. Traut Wells E H Renner & Sons $32,807.00 35,075.00 44,705.00 Loso made a motion to award the contract :for Well Number 5 to Mark J. Traut Wells, subject to concurrence by the City Attorney, and subject to DNR approval o:f the City's Emergency and Conservation Plan'. The motion was seconded by Rieke. ! Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: None. Motion carried. EAST MINNESOTA STREET APPLICATION FOR PAYMENT: Mayor, Reber discussed with Bettendor:f the amount o:f vandalism to the newly poured concrete on the project and other related problems. Rieke made a motion to approve Application For Payment Number 3 o:f $475,312.13 to Mid Minnesota Concrete and Excavating as presented; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Nayes: None. Hiemenz, Ehlert. Motion carried. I WATER TREATMENT FACILITY - APPLICATION FOR PAYMENT: Loso made a motion to approve Application :for Payment Number 6 o:f $72,572i40 to , M.C. Magney Construction, Inc. as presented; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. ! Nayes. None. Motion carried. , , I I STOP SIGN REQUEST: Bettendor:f reviewed the intersection :o:f Birch Street West and 5th Avenue NW in consideration o:f tra:f:fic control by installing a stop sign. He did not :feel there is enough tra:f:fic to warrant a stop sign but indicated the visibility is hampered due to tree branches. Rieke stated he would meet with the property owner o:f the trees to recommend getting them trimmed. . OVERLAY - EASTERN PARK ADDITION: The Council was in agreement t.o set a date :for reconsideration o:f the Eastern Park Street Overlay project. They tentatively set the second meeting in January as the I date, schedules permitting. , i i ASSESSMENT HEARING - EAST MINNESOTA STREET: November 7 at 7.00 was set :for the assessment hearing :for East Minnesota Street project. i PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission approved allowing Mike Deutz to install snow :fence on his property at 161Birch Street East to control parking problems. The Council :felt snowl:fence was not appropriate :fencing material but would not impede installation o:f properly marked material, controlling vehicle access. I 2) Bud Reber requested :for Sydney Outten, 119 2nd Avenue SE, to September 5, 1996 Page 3019 install a £ence 6 inches £rom the lot line rather¡than two £eet as I required by the £ence ordinance. Council was in general agreement that the variance procedure would be the appropriate method o£ obtaining this allowance. There was £urther discussion on the £ence ordinance and i£ requirements o£ it need to be revisited. At 11:00 p.m. Mayor Reber extended the meeting to 11:15 p.m. VATER TREATMENT FACILITY: Dick Tau£en presented a quote £or £abrication o£ a bridge to cross over the electric motors in the Water Treatment Facility and compared it to previous quotes. The quote is £rom Little Shop Welding & Repair o£ St. Joseph £or aluminum £abrication, materials and labor totaling $1,753.26. Loso made a motion to approve the low quote as presented, seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: Hone. Motion carried. Tau£en also discussed the exterior painting o£ the Water Treatment Facility building. He stated painting o£ the new addition is included in the project, but painting the old portion o£ the building (adjoining the new portion), is not included. He presented a quote o£ $600 £or painting the old portion o£ the building. A£ter short discussion the Council generally agreed to £ind a more economical means to paint the building. Tau£en asked i£ the Council had a color pre£erence £or the exterior paint. They recommended using the same color as the Park Shelter and the Pump Houses. SUMMER RECREATION REPORT: summer recreation report. The Council reviewed and accepted the I POLICE OFFICER CODE OF CONDUCT: Hiemenz made a motion to accept the Police O££icer Code o£ Conduct with corrections, seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Hayes: Hone. Motion carried. AD30URN: Loso. Ayes: Reber, Hayes: Hone. Hiemenz made a motion to adjourn at 11:10 p.m., seconded by Rieke, Loso" Hiemenz, Ehlert. Motion carried. ~~ Clerk/Administrator I