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HomeMy WebLinkAbout1996 [11] Nov 07 I Pursuant to due call and notice thereof, the City Council for th'e City of St. Joseph met in regular session on Thursday, November 7, 1996 at 7: 00 P.M. in the City Hall. I MEMBERS PRESENT: Ken Hiemenz, Cory I Mayor Donald Bud Reber; Councilors Ross Rieke, Ehlert; Clerk/Administrator Rachel Stapleton. Bob Loso, OTHERS PRESENT: Judy Weyrens, Dick Taufen, Dave Theisen, Joe Bettendorf, Ellen Wahlstrom, Bob Wahlstrom, Steve Streng, Daniel T. Nierenga'rten, Erv and Doris Goebel, Jane Reber, Jim Graeve, Nancy Notch, June Hoffman, Leon Hoffman, Art Reber, Al A. Schindler, Al J. Schindler, Irma Hoffman, Kevin Blanchette, Paul Kollman, LeRoy Nathan, Marcy¡ Pfannenstein~ Harold Pfannenstein, David Douvier, Margie and Al Kalla, Charles R. Cushing, Ron Kostreba, Carol Dolence, Monica Pelzer, Mary Niedenfuer, Don Berg'er, Irvin Klocker, Steve Frank, Clarence Rueter. I Mayor Reber called the meeting to order at 7:00 P.M. as a Canvassing Board with Councilors Loso, Hiemenz, and Ehlert present. The Council reviewed the results of the election as received from the election judges as follows:' I MAYOR Kenneth J. Bob Loso Write In Hiemenz COUNCILORS Franz Kitzberger Mary Niedenfuer Ross Rieke Noreen Loso Ken Twit William Minier Write In BONDING QUESTION "Should the City of St. Joseph issue $1,235,000 in General Obligation Bonds to finance the construction of a fire station and related improvements?" YES NO I },fter full PRECINCTS ONE TWO 163 453 127 321 1 4 29 124 80 63 160 8 4 80 375 185 155 455 46 3 THREE 325 401 1 60 324 121 194 272 43 3 553 226 review of the election results, Loso made a motion Page 3042 186 126 486 299 TOTAL I 941 849 6 ¡ I 1'69 823 386 412 887 ~7 b-o 1225 651 I I tó declare Mayor - Two year term - Kenneth J. Hiemenz Councilors (2) Four year terms Ken Twit and Mary Niedenfuer I the results of the election as follows; seconded by Ehlert: The bond question passed for financing a fire station and related improvements. Ayes: Reber, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. Hiemenz made a motion to adjourn Ayes: Reber, Loso, Hiemenz, Nays: None. as a Canvassing Board; Ehlert. Motion carried. seconded by Loso. Mayor Reber called the meeting to order as a Council meeting at 7:05 p.m. AGENDA: Loso made a motion to approve the agenda; seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. CONSENT AGENDA: Loso made a motion approve the consent agenda as follows, I with item "3b. Ingress and Egress Easement" removed for discussion later; seconded by Hiemenz. 1. Minutes of the October 19 Council meeting. 2. Allowing to combine property parcels for the 'transfer of property from the sisters of St. Benedict to the College of St. Benedict. Property combined will be that property of Henrita and Ricardo Halls to be attached to the property of the East Apartments, all zoned E & E as described in the filing document. 3. Authorize attendance of one maintenance person at a workshop in Melrose on Snow Plowing Policies. 4. Resolution calling for the Redemption of Outstanding G.O. Improvement. Bonds, Series 1986. 5. Special Event on sale liquor license for the College of St. Benedict to be held on December 19 at the Haehn Campus Center. 6. 20 foot variance on the size of a business sign for Omann Building at 305 Cedar Street East with the following stipulations: a) The sign must be aligned with the adjoining property owners sign. b) Verification by the City that the sign will not encroach any future roadway plans, particularly, the future ingress/egress to Northland. Ayes: Reber, Loso, Hiemenz, Nays: None. Ehlert. Motion carried. BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable, call I outs and overtime. After a short discussion Loso made a motion to approve Page 3043 I I I the bills payable as presented, check numbers 23181 - 23256; Hiemenz. Ayes: Reber, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. Loso made a motion to seconded by Hiemenz. Ayés: Reber, Loso, Nays: None. approve the overtime and callouts as Hiemenz, Ehlert. Motion carried. I I seconded by I I presented; I I TREASURER'S REPORT: Weyrens also presented the Third Quarter Treasurer's Report. She recommended setting up construction fund 417 for I the fire station. Loso made a motion to establish Construction Fund 417 as recommended; seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. Ross Rieke arrived at 7:15 p.m. After short discussion of the Third Quarter Treasurer's report motion to accept the report as presented; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. Loso made a , I MAYOR REPORTS: 1) Discussion at the APO meeting included Stl. Cloud's future land use map encroaching one mile into St. Joseph Township. Also, the City Attorney is reviewing material for recommendation, on the impact of a proposed lease agreement for APO' s use of the former St. Cloud Township Hall. 2) The Mayor requested the proposed Keg Ordinance Amendment is placed on the next agenda. sponsored by Central growth, in St. Cloud, approve the: costs as I I I requirements for changing a grant-in-aid The members have talked to Ithose who their plan to increase signage and all they can to deter abuse, COUNCIL REPORTS RIEKE: No report. EHLERT: 1) Ehlert requested to attend a workshop Minnesota Initiative Fund on planning and subdivision with a $30 registration fee. Loso made a motion to requested; seconded by Rieke. Ayes: Reber, Rieke, Loso, Nays: None. Hiemenz, Ehlert. Motion carried. 2) The Sno Joes have reviewed the trail and found them prohibitive. requested it changed and explained patrolling. The club members will do 3) Interested individuals have met to consider options for future bathrooms Page 3044 at Memorial Park. Quotes will be sought in anticipation of construction of I a new building for them. LOSO: No report. HIEMENZ: 1) The Star City is now available on the internet, with it's own home page (http://www.centralmn.com/St.Joseph). 2) HiemeDz presented a proposed policy for sidewalk snow plowing and removal. He also presented a designation of the "Public Safety District" which includes the following sidewalks: 1) Minnesota Street beginning at 410 West Y~nnesota Street (Senior Apts.) to Sixteenth Ave S.E. (Dental Office) - the south side only; 2) Minnesota Street beginning from Second Ave. N.W. to Third Ave. N.E. - the north side only; 3) First Ave. N.W. from Minnesota Street W. and ending at Ash Street - West side of avenue only; 4) Ash Street West beginning from First Ave. N.W. endlng aL Second Ave. N.W. - North side of street only; 5) College Ave. North from Minnesota street to Date Street - both sides I of the street. },fter short discussion Council generally agreed to consider at the next meeting, the status of the sidewalk to the cemetery. Loso made a motion to adopt the sidewalk snowplowing/removal policy as presented, contingent on an allowance for future changes as needed. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. 2) At a recent meeting in St. Cloud representatives expressed hope that surrounding cities would adopt their planning and zoning ordinances. CITY ENGINEER REPORTS EAST MINNESOTA STREET: Joe Bettendorf discussed the unfinished items and need to finish them for finalization of the project. Loso made a motion to approve Application for Payment Number 5 of $148,727.59 to Mid-Minnesota Concrete & Excavating, as recommended; seconded by Hiemenz. Discussion- Hiemenz questioned if any costs were increased due to the utility company delays. Bettendorf stated there were no cost increases but they did cause I project delays. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Page 3045 I I I Nays: None. Motion carried. i WATER TREATMENT FACILITY PROJECT: Rachel Stapleton discussed the' status of the Water Treatment Facility Project. She presented applic~tion for Payment Number 7 and recommended revising it to require a 5% retainage of $26,510, with payment of $17,038 to M.C. Magney Construction. Rieke made a motion to approve the Application for Payment as presented; seconded by Hiemenz. I Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. WELL NUMBER FIVE: Joe Bettendorf presented Application for Payment Number One of $15,798.50 to Mark J. Traut Wells and recommended þayment. Discussion - Repair to the ball field with agri-lime was required due to test pumping on this project. Bettendorf indicated the additional cost will be part of the contractor's project costs. Hiemenz made a I motion to approve Application for Payment Number One as recommended; seconded by Rieke. I Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. CONSTRUCTION USE OF CITY STREETS: Bettendorf stated the contractor on the County Highway 75 project, Dunnick Brothers, had been allowed to use our city streets for access to the project area. They agreed to *epair any damage to the streets. B~ttendorf questioned if the Council had I noted any damaged areas. The Councll noted tar chunks on the streets that were used. Bettendorf and Taufen will take a more extensive look at the streets used I by Dunnick. ! DEPARTMENT HEAD REPORTS: Dick Taufen presented a proposal to lease a skid steer loader for snow removal. Approximate cost with trade is $10,740.53 with financing through a lease to own plan. Hiemenz made a ¡motion to approve the lease to own program; seconded by ,Ehlert. Discussion- Maintenance is not included in the lease program. I Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. ' EXCA~TION REQUEST: A request for an excavation permit was received from NSP Gas Company for excavating in Minnesota Street for extending gas service to the new maintenance building at St. Ben's. Bettendorf I stated if they are allowed to cut into the street, the opening should be restricted to a 3 foot by 5 foot opening, with sheeting being used. Taufenlindicated an alternate route would be available from Third Avenue West with out cutting into the new street. Council generally i agreed to require the alternate route be used, to prevent cutting into Minnesota StreetlWest. , EAST MINNESOTA STREET ASSESSMENT HEARING: At 8:00 Mayor Reber called the Assessment Hearing to order. Joe Bettendorf discussed the project scope, costs, methods of determining costs and assessment corrections. IThe total I I Page 3046 City costs are $834,084 with County costs of $353,700, total project costs I $1,179,869. The total assessed East Minnesota Street costs are $256,380, which is according to the established assessment formula. Bettendorf indicated the Hoffman Apartments would be changed from four units to two units, according to the multiple unit hookup assessment formula previously established by number of occupants. Both Irma Hoffman's and Leon Hoffman's apartments will be so adjusted. Also due to a typographical error, the trunk sewer charges to both Hoffman properties typo will be corrected to $700. LeRoy Nathan's foot frontage will be adjusted from 113 feet to 80 feet. Jim Graeve questioned the final project costs in relation to the bonded amount. The bonded amount was established by proposed costs after bid. The relation between the reduction in final costs and the bonded amount would not have a significant affect the bonding costs. Bond counsel was involved throughout the bonding process. David Douvier questioned the front footage of the Honer properties on 5th Avenue and East Minnesota Street. The Engineer will check the footage for accuracy and adjust as required. David Douvier also questioned if the project is complete. Bettendorf stated that it is not. The sodding portion has not been accepted. Changes are needed for acceptance of the sod portion, before finalization of the project. Dave Douvier indicated several water services need adjusting. I Irvin Klocker stated a gate valve near 7th Avenue and Minnesota Street needs adjusting. Mayor Reber asked if the catch basins were cemented in. check and verify. Bettendorf will Ron Kostreba questioned the difference in assessments between units and by foot. Water and sewer assessments are by the unit, with street, curb and gutter by the foot and driveway aprons by the square yard. Monica Pelzer questioned the depth of her water service. Kevin Blanchette indicated the old line was 5 feet deep, with the new ones 8 feet deep. Stapleton presented a request from Maxwell Johnson to remove the $500 water service assessment, because Mr. Johnson had stated the property has been on city water since they moved in. The City records will be adjusted to show water service to the property and back bill water used. Carol Dolence stated the catch basin by her property drains slowly. will be looked into. This Tammy Lehti stated her driveway was new last year and the apron was in I Page 3047 I I I perfect condition. She requested Records will be checked if it was new her assessment for driveway apron. relief from the apron concrete to the street assessment. and leliminate ! , Dave Douvier also questioned the depth of the water main by his p~operty. Leon Hoffman asked to have the driveway apron that straddles th~ lot line between Irma and Leon Hoffman properties be split 50/50. There should be no charge for replacing Leon's paving stone driveway. Bettendorf indicated this will be adjusted. Also discussed was sod installation on Third Avenue which will b'e done as part of the project. Stapleton discussed the bond interest rate and indicted the interest could be reduced for the assessments. Mayor Reber made a motion to establish 7% as the assessment interest rate; seconded by Rieke. II Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. i i I the final assessment changes as I follows; Hiemenz made a motion to approve a resolution adopting role for the East Minnesota Street project with seconded by Rieke. ¡ I four units to two units, I the properties will be corrected to I 2) LeRoy Nathan's front footage will be adjusted from 113 feet to 80 feet. 1) The Hoffman Apartments changed from trunk sewer charges to both Hoffman $700. 3) The front footage of the Honer properties on 5th Avenue and East Minnesota Street will be checked for accuracy and adjusted as r~quired. 4) Remove the $500 water service assessment of Maxwell Johnson. 5) If verification that Tammy Lehti had a new concrete driv~way with apron prior to construction, her assessment for driveway apron will be eliminated. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. PLANNING FOR GROWTH AND DEVELOPMENT: Ellen Wahlstrom discussed with the Council her concerns about the Silver Motor business recently located near her residence. She indicated property lines are being ignored and their adjacent neighbors, the Notches, are feeling invaded. She !discussed trespassing both by individuals and vehicles on the Notches property. She questioned what the Council intends to do in looking out for the 'rights of homeowners. Page 3048 Mayor Reber stated this is a situation inherited by the city upon annexation of the properties, and is essentially a neighbor problem. I Ehlert questioned if a privacy fence could be required. Mayor Reber indicated a recommendation from the City Attorney would be appropriate. Rieke felt a fence would be a solution, but beyond the bounds of city government, to require this now. Ehlert indicated he would discuss the matter with the business owners to try to work out an acceptable solution. He will also bring the matter to the Planning Commission. ROSKE PROPERTY: Clarence Rueter appeared before the Council renewal of his real estate listing of the Roske Addition. contacts and interest he received on the property. requesting a He discussed Rieke expressed hesitation in selling lots. Hiemenz stated there is a need to do greater long term planning. There was further discussion to keep the best lots on the market, and to continue discussion with the Township on this matter. Loso made a motion to table the matter until meeting with the I Township; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. GAMBLING LICENSE: Don Berger of the St. Cloud Optomists Club, presented and discussed an application for a gambling license at Hollanders Liquor, 225 East Cedar Street. After short discussion of the ordinance requirements for use of funds within the st. Joseph area and reporting requirements, Loso made a motion to approve the application as presented; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. CLERK/ADMINISTRATOR REPORTS: 1) The Council will consider the CORE recommendations at the next meeting. 2) Residents adjacent to Northland expressed concern about the quantity and speed of the traffic into and out of Northland Addition ,lith only one entrance. Council was in general agreement to request APO to study the matter. 3) Mayor Reber made a motion to approve prosecution fees from $2,000 to $2,100 per year. The motion was seconded by Rieke. the requested increase in month for the 1997 calendar Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. I Page 3049 I I I Mayor Reber stated this is a situation inherited by annexation of the properties, and is essentially a neighbor the ri ty problem. , ! upon Ehlert questioned if a privacy fence could be required. i Mayor Reber indicated a recommendatio,n from the City Attorney! would be appropriate. , , I Rieke felt a fence would be a solution, but beyond the bounds of city government, to require this now. Ehlert indicated he would discuss the matter with the business owners to try to work out an acceptable solution. He will also bring the matter to the Planning Commission. ROSKE PROPERTY: Clarence Rueter appeared before the Council requesting a renewal of his real estate listing of the Roske Addition. He discussed contacts and interest he received on the property. Rieke expressed hesitation in selling lots. Hiemenz stated there I is a need to do greater long term planning. There was further discussion to keep the best lots on the market, and to continue discussion with the Township on this matter. Loso made a motion to table the matter until meeting with the Township; seconded by Hiemenz. ' Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. I GAMBLING LICENSE: Don Berger of the St. Cloud Optomists Club, I presented and discussed an application for a gambling license at Hollanders Liquor, 225 East Cedar Street. After short discussion of the lordinance requirements for use of funds within the St. Joseph area and I reporting requirements, Loso made a motion to approve the application as presented; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. CLERK/ADMINISTRATOR REPORTS: 1) The recommendations at the next meeting. Council will consider I Ithe CORE 2) Residents adjacent to Northland expressed concern about the quantity and speed of the traffic into and out of Northland Addition withl only one entrance. Council was in general agreement to request APO to ¡study the matter. ¡ 3) Mayor Reber made a motion to approve the ,reqUestedin¿rease in prosecution fees from $2,000 to $2,100 per month for the 1997 calendar year. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Page 3049 :,:;::;"~,~~~$.~;¿i~jE""",;m,.';;\:VJ;:»'~",'~~'-"f.o::,;c"g'r;";;",.;;t;.,-;¡';;;R~,,~~ ,:~;;,-¡''6.,~;:;J",;,;,-"'~;"",,-~--,, ~--""'>;.'~_V__''''"'~~~'''·'''''O''''~':>' ., ! Nays: None. Motion carried. I 4) The League of Minnesota Cities policy adoption meeting for 1997 policies will be held on November 22 in Minnetonka. Rieke made a motion to approve the attendance of Hiemenz at the LMC Policy Adoption meeting; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: ,None. Motion carried. 5) The Attorney General sent correspondence to city officials concerning the need to comply with bidding laws. The information was included in the Council packets. 6) Reber made a motion to approve the attendance of Rachel Stapleton Region III meeting in Glenwood on Building requirements administrative policies; seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. at a and 7) The Council discussed the GSJAC Second Information meeting and agreed to have City Engineer Joe Bettendorf and APO Representative Scott Marek attend. 8) Mike Hazen thanked the Council for acknowledging the work and efforts he extended on behalf of the Star City Commission. I 9) Stapleton presented to Council a copy of a memorial to Brian Klinefelter and all Law Enforcement Officers in Stearns County, signed by all the elected Board Members in the County suitable for framing. 10) Hiemenz made a motion to approve payment of $12.50 per hour, Harlander for taking minutes at the GSJAC Informational seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. to Jeanne meeting; INGRESS AND EGRESS EASEMENT: After short discussion Hiemenz made a motion to approve an ingress and egress easement for access to the bulk tank property as an easement only and will not take away existing rights. The motion was seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nays: None. Motion carried. Jim Graeve stated the speed of the traffic on ~ünnesota Street has increased and he would like to see more policing of it. He offered to allow the police to park in his driveway. Rieke informed the Council that the Truck Route signs are installed. I Page 3050 IJOURN: Hiemenz Ayes: Reber, Nays: None. I I made a motion to adjourn at 9:50 Rieke, Loso, Hiemenz, Ehlert. Motion carried. p.m.; seconded by ~/.A~~ Rachel Stapleton Clerk/Administrator Page 3051 I I I