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HomeMy WebLinkAbout1996 [09] Sep 19 I I I I September19,199& Pag~ 3022 I I I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session en Thursday, September 19, 199& at 7:00 P.M. in City Hall. MEMBERS PRESENT: Mayor Donald :Bud~ Reber; Councilors Ross Rieke, Bob Lóso, Ken Hiemenz, and Cory Ehlert. Rachel Stapleton, Clerk/Administrator. , OTHERS PRESENT: Judy Weyrens, Bradley Lindgren, Alan Rassier, John sChJrer, Joe Bettendorf, Tim Kiernan, Monica Kiernan, Art Reber, Steve Streng, Da~ Schmitz, Bob Wahlstrom, Ellen Wahlstrom, Gary Heltemes, Jim Graeve, Mary i Niedenfuer, Jim Marthaler, Rick Heid, Bob Herges. ! AGENDA: Hiemenz made a motion to approve the agenda as amended; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz. Nays: None. Motion carried. Rieke made a motion to approve the consent agenda items ls I I I to ! CONSENT AGENDA: follows: Minutes of the August 29, 199& Council meeting. Minutes of the September 5, 199& Council meeting with a the vote on the motion to recess. Hiemenz and Ehlert voted Loso seconded the motion. Ayes: Reber, Rieke, Loso, Hiemenz. Nays: None. Motion carried. correction nay. BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable. After , short discussion Loso made a motion to approve the bills payable as presented, check numbers 22973 - 23005; seconded by Hiemenz. I Ayes: Reber, Rieke, Loso, Hiemenz. Nays: None. Motion carried. OVERTIME AND CALLOUTS: Hiemenz callouts as presented; seconded Ayes: Reber, Rieke, Loso, Nayes: None. made a motion to approve the overtime and by Loso. Hiemenz. Motion carried. , , ELECTION EQUIPMENT: Weyrens discussed the need for more election booths. I She stated they could be constructed out of lumber or collapsible self storing units may be purchased at a unit price of $225 cost. Total cost for six will be about $1,500. Loso made a motion to purchase the collapsible equipment as proposed; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. , , MAYOR REPORTS: 1) The Mayor had received a complaint from a resident of I Northland concerning the quality of restoration in an easement area and weed mowing. 2) There is a need to follow through on special use and ordinance i requirements. Procedures also need to be followed for the requirements of, the September 19,1996 Page 3023 3) The Mayor requested the Keg Ordinance be an agenda item for the next meeting. I nuisance ordinances. 4) The current fence ordinance needs to be revisited because of some of its requirements. After short discussion Loso made a motion to request the Planning Commission review the fence ordinance and the ordinance regulating placement of storage sheds. Recommended revisions could alleviate problems, including set backs, encountered with these matters in the past couple years. The motion was seconded by Hiemenz. Discussion - The City Attorney was requested to review the fence ordinance and make recommended changes for the Planning Commission to consider. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. i HOUSING VIOLATION HEARING: At 7:15 P.M. Mayor Reber opened a hearing to consider a noise violation received by Tim Kiernan, property owner of, and rental license holder for 11 bth Avenue NW. The violation was received from an incident occurring on September I, 199b. Officer Young described hearing loud music coming from the house. Monica Kiernan, daughter of the owner apologized and stated she had not realized how loud the music was until the Police Officer talked to her. Mayor Reber reinforced the importance of respecting the neighbors and maintaining quiet in residential neighborhoods. He further indicated if another noise violation occurs there will be a strong penalty. Mayor Reber made a motion to find there was a noise violation but no action will be taken now, but if another occurs this violation may be reconsidered along with additional violation. Loso seconded the motion. Ayes: Reber, Rieke, Loso, Hiemenz. Nayes: None. Motion carried. I COUNCILORS REPORT RIEKE: 1) There is a need to establish a written policy on parking requirements. The Planning Commission was requested to place this matter on their next agenda for consideration. Ehlert arrived at 7:35 p.m. 2) The street lighting plan and level of lighting needs to be considered. 3) Community Day sponsored by the CORE Committee will be held October b. 4) The trees on the corner of Birch Street West and 5th Avenue NW have already been trimmed by Bob Trinklein, property owner. EHLERT: 1) There is a residence on East Ash Street discarding white ash in the alley. Ehlert agreed to talk to the property owner about this. 2) Ernie Diedrich of St. John's University discussed assistance and cooperation the University students may be able to give the community through Bremmer Foundation funding. They are requesting a letter of support for their I I I I September 19, 199b Page 3024 application for a special project. Service to the City could be in areas such as planning and marketing. Hiemenz made a motion to support St. John's I University's application for funding through the Bremmer Foundation grant with a letter of support. The motion was seconded by Ehlert.' Discussion - Ehlert felt the Mayor and all the members of the Council should sign the letterl Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. ' Nayes: None. Motion carried. I I designated as school Council was in , HIEMENZ: Hiemenz 1) presented the completed City flag. Mrs. Lauer donated her time and talent in constructing it. Hiemenz made a 'motion to reimbu';'se Mrs. Lauer for the materials and to present her with a recognition of he';' donation. The motion was seconded by Mayor Reber. Ayes. Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. LOSO: The Lab School has requested two parking spaces be drop off zone during school hours and special functions. general support of the request. Rieke discussed the poor visibility at the intersection 'of College Date Street East. ¡ Fl oral , I , , Avenue I 2) Ticketing vehicles has helped alleviate the parking ~roblems in the Arts area. and CLERK/ADMINISTRATOR REPORTS. Rachel Stapleton 1) informed the Council that the nearest League of Minnesota Cities District meeting will be held at I Upsala, on October lb. Council will approve attendance at the next meeting. I 2) Presented a request from Mark Mimbach to be relieved of the costs of mowing weeds on his property. After Council discussed that established policy was followed, and the weeds were actually cut by the city after the date on the notice, Loso made a motion to deny the request to relieve Mark Mimbach of payment to the city for mowing weeds on his property. The motion was se¿onded by Ehlert. Ayes. Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Mot i on i carried. I , I properties under the with the end of the , matter on the next next Counci I meet i'ng. 3) There is interest by some landlords to bring rental city refuse contract and coordinate the spring cleanup College school year. Loso made a motion to place this agenda and have a representative of SFI to come to the The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes. None. Mot i on carri ed. 4) Council was in general agreement to ask Bob Heim to moderate the next meeting of the Committee dealing with rental housing problems. HOUSING VIOLATION HEARING: At 7:45 P.M. Mayor Reber opened an evidentia~y hearing to consider a noise violation at 117 W. Minnesota Street on September 2, 199b. The property is owned by, and rental license issued to Dale and September 19, 199& Page 3025 Diane Schneider. Officer Dean Cichy discussed receiving a call on a noise violation, with some inconsistencies in the stated address. As he drove by 117 West Minnesota Street he could hear loud voices. Cichy then requested to talk to one of the tenants. Jason Wolff stated the next door neighbor had a large party that evening. Ehlert questioned at what point is the decision made to issue a noise violation. Cichy indicated he had driven by five times prior to the complaint and noticed it was clearly loud. Dale Schneider indicated from his contact with the neighbors, none of them had complained. One of the tenants indicated that the neighborhood deals with Sal's Bar noise every night. Further discussion indicated that the tenants were cooperative, and they received a citation. Mayor Reber moved to find that a violation did occur and occurs the Council will take strong enforcement action. seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. if another violation The motion was Dale Schneider questioned why he as property owner did not receive a call on the night of the violation. The Officer indicted the police were very busy that night. The hearing was closed. OPEN TO THE PUBLIC: Alan Rassier questioned why a gift certificate is not being sent to Mrs. Lauer in appreciation for her work donation of time and talent in constructing the flag. City Attorney John Scherer advised that any expenditure of public funds must be a lawful expenditure. Gifts of any nature are normally not viewed as a lawful expenditure. Hiemenz indicated he would look in the personnel manual and prepare an appropriate award for her. Alan Rassier, Housing Inspector, thanked the Council for their support and assistance this past year. Rieke stated appreciation of Rassier's attendance at the recent committee meeting dealing with rental housing problems. Art Reber 1) questioned the progress on re-routing the snow mobile route away from the alley by his home. Ehlert indicated he would check into the situation, and noted the snow mobiles bring business to the community. 2) questioned why the police would drive by a noisy house five times without responding, as indicated during the previous hearing. Rieke stated the police act on complaints to prevent concerns of over response. 3) wondered if the prohibition of parking on lawns is still in effect. This is being violated as well as parking across sidewalks. Mayor Reber will work with the Police Chief on these issues. I I I I I I S~pt~mber19,199& I I I , , I ¡ Page! 3026 Jim Graeve discussed concerns of over policing. The police could ask residents to turn down the volume as it starts getting too loud. This help give a positive image of the community and help in uniting it, by to get along with the students. Ellen Wahlstrom asked if the police ever walk and mingle' with Response was they walk in the downtown areas when they do bar would thing I I i the communit y. check s~ ! I Mary Niedenfuer asked how many officers are on duty at a tim~ John Scherer indicated they try to have 24 hour coverage with at least one officer. There are times when more are scheduled. Niedenfuer further indicated the need for more P.R. with students prior to citing them for violat'ions. She indicated surprise at driving by a property five times, without stopping. Ehlert indicated the need to focus on preventive enforcement, including warnings unless a situation is out of control. Mayor Reber indicted he will discuss these issues with the Police Chief. Mary Niedenfuer stated someone from the City, such as the Police Chief should inform the students along with their orientation, what is expected of th':m and what the penalties are. Scherer indicated we have done this in the past lat SJU and only a few students attended. I ! Jim Graeve felt the Mayor or a member of the CORE Committee should welco~e the students at their orientation and extend an offer of assistance any time Ithey may need it. Loso made a motion Ayes: Reber, Nayes: None. to recess for ten minutes at 8:40 p.m.; Rieke, Loso, Hiemenz, Ehlert. Mot i on carri ed. , seconded by Reber. Mayor Reber reconvened the meeting at 8:50 p.m. with all Councilors in attendance except Ehlert. BALLOT QUESTION: Councilor Loso introduced the following resolution and oved . its adoption: RESOLUTION CALLING FOR AN ELECTION ON $1,235,000 GENERAL OBLIGATION BONDS OF 1996 BE IT RESOLVED by the City Council of the City of St. Joseph, Minnesota, as follows: 1. This Council has investigated the facts and does hereby find, determine and declare that it is necessary and expedient to finance the construction of a fire hall and related improvements. 2. The proposition of authorizing the issuance of ,$1,235,000 General Obligation Bonds for said purpose shall be submitted to the qualified electors of the City at the general election to be held on November 5, 19<¡6. Said September 19, 199& Page 3027 election shall be held between the hours of seven o'clock a... and eight o'clock p.m. The polling places shall be as follows: Precinct I - City Hall Precinct 2 - A.erican Legion Hall Precinct 3 - Haehn Ca.pus Center, College of St. Benedict 3. The Clerk is hereby authorized and directed to post according to law a Notice of Election and Ballot, and to prepare ballots for use at said election, which notice and ballot shall be in substantially the following for..s: NOTICE OF ELECTION NOTICE IS HEREBY GIVEN that an election on a question will be held as part of the general election in and for the City of st. Joseph, Stearns County, Minnesota, on Nove.ber 5. 1'3'3&. between the hours of seven o'clock a.... and eight o'clock p.... at which time the following question will be submitted: "Should the City of St. Joseph issue U,235,00Ø in General Obligation Bonds to finance the construction of a fire station and related impY'ovements?U The polling places for said election will be as follows: Precinct 1 - City Hall Precinct 2 - American Legion Hall Precinct 3 - Haehn Ca.pus Center. College of St. Benedict at which places the qualified electors of the City .ay cast their ballots. Dated: September 1'3. 1'39& BY ORDER OF THE CITY COUNCIL City Clerk/Ad.inistrator OFFICIAL ELECTION BALLOT CITY OF ST JOSEPH STEARNS COUNTY MINNESOTA "Should the City of St. Joseph issue U.235.000 in General Obligation Bonds to finance the construction of a fire station and related improvements?" i YES NO I I I I I I NOTICE: BY IIOTING "YES" ON THIS BALLOT QUESTION, PROPERTY TAX INCREASE. i I I Page 3028 i YOUR ARE IIOTING FOR: A September 19, 199& The maximum amount of increased levy as a percentage of market value is 084~. The amount that will be raised by the new referendum tax' rate in the first year it is levied is $52,358. I I 4. Said election shall be held and conducted in accordance with the statutes of the State of Minnesota applicable, and the Council shall meet as required by law for the purpose of canvassing said election and declaring the results thereof. The motion for the adoption of the foregoing resolution was Councilor Rieke and, after full discussion thereof and upon thereon, the following voted in favor thereof: Reber, Rieke, Loso, Hiemen2. I duly seconded by a vote being taken and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. CAPITAL OUTLAY - FLOW METER, WASTEWATER: Jim Marthaler, Wastewater Superintendent, appeared before the Council to request purchasing a budgeted flow meter from Tech Sales Co. at a cost of $3,915. Rieke made a motion to approve the request as presented; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemen2. Nayes: None. Motion carried. Cory Ehlert returned at 9:00 p.m. CITY ENGINEER REPORTS I EAST MINNESOTA STREET IMPROVEMENT: Joe Bettendorf, City Engineer, report~d on , a proposal to use prairie restoration as ground cover for the drainage po~ds. One of the benefits of it will be more treatment of drainage water before I it goes down to the water table. The net increase in cost over the proposed: ground cover will be $4,300. In prairie grass restoration it is not mowed although a proposal is to mow a four foot margin around the fence. Thereiwill be a savings from less mowing, in reduced maintenance costs. There is room in the contingency fund for the East Minnesota Street project to cover this additional cost. After further discussion Hiemen2 made a motion to appro~e the prairie restoration proposal as presented; seconded by Loso. I Ayes: Reber, Rieke, Loso, Hiemen2, Ehlert. Nayes: None. Motion carried. The proposal to install fence around the holding pond on East Minnesota Street by Melvin Ruegemer's property, due to existing impediments, will require Án easement from him, which he is willing to give. Loso made a motion to approve installing the fence as proposed, pending securing an easement for the area from the property owner. The motion was seconded by Hiemen2. September 19, 199& Page 3029 Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. I Work on the project shaved off tree roots at the Klocker and Stanger properties. In order to save these trees installation of a six inch strip of decorative block is the proposal. Mr. Stanger wishes to have more block installed and is willing to provide the installation labor. The cost would be about the same if he does the work. Hiemenz made a motion to approve the proposal and allow Mr. Stanger additional block conditioned on him installing all the block to his property. The motion was seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Bettendorf discussed with the Council that the utility companies are delaying the project. The Council discussed methods of encouraging responsiveness and if the Public Utilities Commission would be of assistance. After further discussion Loso made a motion to approve a ten day extension to the general contractor as proposed, due to delays caused by the utility companies; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. POND VIEW RIDGE THREE: Rick Heid presented his deveIopment of Pond View Ridge Three for consideration. After a short discussion Rieke made a motion to approve the plat and development, contingent upon full approval by the City I Engineer and City Attorney; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Ehlert reported that the City Attorney and he had met with the police department during the break and they felt the police could give a warning first, prior to responding to a complaint. If they would see other violations and issue citations, they would be hard to prosecute in court because there would not be probable cause for going to the property. The meeting was adjourned at 9:30 p.m. with a motion by Rieke; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. ~ Rachel Stapleton Clerk/Administrator I