HomeMy WebLinkAbout1997 [05] May 15
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Pursuant to due call and notice thereof the City Council for the City ofSt. Joseph met in
regular session at 7:00 p.m. on Thursday, May 15, 1997 in City Hall.
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MEMBERS PRESENT: Mayor KennethJ. Hiemenz; Councilors Bob Loso, Cory Ehlert,
Mary Niedenfuer, Ken Twit; Clerk/Administrator Rachel Stapleton.
OlHERS PRESENT: Judy Weyrens, John Scherer, Dick Taufen. Art Reber, Dan
Schmitz, Hub Klein, Linda Sniezek, Jim Graeve, Daniel Nierengarten, Mary Ann
Graeve, Vicki OSe'ndorf, Steve Streng, Art Hiemenz, Edith Hiemenz, Bruce & Rosie
Osendorf, Wayne Lepinski, Greg Bentson. Marjorie Lesnick, Bob Behrendt, Mark
Mimbach, Kurt Schneider, Dixie Lapinski, David Fuirite, Pete Evans, Gary Skrivt,
Laurence F. Schreiner, Jim JoPP' Dick Srock, Doris Johnson, Joyce Srock, Bill Elfering,
Paul Losinski, Diane Losinski, Mike Novak, Peter Donohue, Pat Ehlert, Al Ehlert,
Gerald Johnson.
Mayor Hiemenz called the meeting to order at 7:00 p,m. Councilors Loso, Ehlert, and
Niedenfuer, and Twit.
AGENDA: Loso made a motion to approve the agenda with the deletion of the City
Engineer's Report; seconded by Niedenfuer. .
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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NOISE VIOLATION HEARING: Mayor Hiemenz opened the Noise Violation
Hearing for property owned by Dan Schmitz, at 115 6th Avenue SE, due ro an incident
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City Attorney John Scherer indicated Mr. Schmitz had not requested an evidentiary
hearing. The tenants indicated it was a warm evening and had a few friends over and
the stero was playing. They indicated if they knew who the complainants were they
would they apologize ro them.
The tenants also indicated the process was confusing ro them. They were told they
would not get a ticket but that their landlord would be contacted. The tenants did not
understand that their landlord would receive a noise violation. The Council
recommended the Police communicate the process ro the tenants, including that the
landlord will receive a noise violation.
Loso made a motion that because this was not a blatant violation, there was only a
small group of people present, and the tenants were cooperative with the police, a
written warning will be issued to the landlord for this violation; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. '
Nays: None. Motion carried.
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CONSENT AGENDA: A motion was made by Loso to approve the consent agenda as
follows; seconded by Twit
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1. Minutes of the May 1, 1997 meeting. I
2. Attendance at a pay equity workshop in St. Cloud by Judy Weyrens, cost $25
3. Gambling License for the St. Joseph Jaycees atSt. Joseph Gas & Bait. to expire
7/31/99.
Ayes: Hiemenz, Loso, Ehlert. Niedenfuer, Twit.
Nays: None. Motion carried.
PUBLIC COMMENTS TO THE AGENDA: Mary Ann Graeve discussed her concerns on the
Special Use pennit to allow Budget Propane to locate in St, Joseph. She discussed safety i
concerns, and stated the safety information provided the Council was outdated (from 1970). The'
recent propane explosions in the Twin Cities and Indiana could have happened anywhere. She
requested the Council consider the health and safety of the citizens during the consideration of
this Special Use pennit.
Jim Graeve requested to reserve his comments until 830 p.m. during the propane issue. Mayor
Hiemenz indicated he may not be allowed to speak later, Jim Graeve stated the research data
provided by the Propane Company is twenty years old He presented a video tape and requested
it be part of the Planning Commission's record. Mayor Hiemenz stated there would be no further
testimony taken. Graeve recommended the Council support the Planning Commission's I
recommendation. i
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Vicki Osendorf discussed the need for an additional outlet to Northland Addition, She stated the
volume and speed of traffic causes safety problems. She thought commitments made by the
developer have not been adhered to. She recommended an entrance/exit is constructed on the
east end of the residential development.
Bruce Osendorf understood an exit to the east had been planned. He has contacted many city i
officials of the need to get an additional outlet installed. He stated the roadway is narrow and is'
being used beyond its design.
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Dave Thomas recommended the Council support the Planning Commission's recommendation i
concerning Budget Propane. He also requested a sign indicating wheelchair use be installed on I
Old Highway 52, to warn motorist to watch for wheelchairs. i
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Wayne Lapinski discussed opening up the 1" Avenue NEraiJroad crossing stating this would ndt
add an additional outlet to the development. He felt there should be an exit further east. Council
discussed the reconstruction and realignment of County Road 133 proposed for next year, I
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Vicki Osendorf questioned why the raiJroad crossing was not addressed at the time the i
development was approved. Mayor Hiemenz indicated he has recently contacted raiJroad officials
of the need for crossings and for the city to be able to receive raiJroad property upon its I
abandonment. I
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The Council discussed other safety measures and felt additional signage generally does not help.
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Ehlert stated he and Marge Lesnick are going to review the past documents on this matter and
make further recommendations.
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BILLS PAYABLE. OVERTIME AND CALL OUTS: Deputy Clerk Judy Weyrens presen~d
the bills payable, overtime and call outs. Weyrens discussed several bills. The escrow agreemertt
with W. Gohman Construction Company for the Fire Station was discussed Stapleton was
requested to further review the agreement. Cooocil requested further breakdown of the
engineering bills and questioned the amooot for the Industrial Park. Loso made a motion to
approve the bills payable check numbers 24007 - 24049; seconded by Twit. Discussion-
Cooocil discussed spreading the maintenance and minor repair of the vehicles to all the service
businesses in the community. Mayor Hiemenz stated the patrol car is serviced exclusively at one
station due to the sensitivity of their vehicles. I
,¡ .' Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried
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After review and discussion of the overtime and call outs; Loso made a motion to approve them
as presented; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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The deficit balance in the 1996 rollover acCOoots was discussed. Loso made a1motion to allow the
carry overs and disburse the deficit from the General Food balance; seconded by Ehlert. I
Discussion - Twit recommended looking at each department for ,prudent .fiscal management. ¡wit
made a substitute motion to hold a special meeting within thUty days to review the matter in morl:
detail; seconded by Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried
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WATER METERS: Greg Bentson gave a presentation on current technology in water meters
and methods of obtaining readings. After some discussion with the COooci1, Bentson agreed to
obtain certain data from the City and do a Financial Benefit Analysis. '
MAYOR'S REPORT: 1) A drainJlge problem on a Hickory Street has been brought to the
Mayor's attention. He is currently working on resolution of it.
2) Mayor Hiemenz recommended to appoint Lonnie Abbot to the Park Board with his term to
expii-e Januáry I, 1999, Loso made a motion to approve the appointment ofLonme Abbot as
recommended; seconded by Niedenfuer. I
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried
3) The COooty Engineer presented the five year transportation plan schedule. Included in the
plan is reconstruction and relocation of COooty Road 133 for 1998. Mayor Hiemenz
recommended delaying reconstruction of COooty Road 121 ootil about 2000 when the City of St.
Joseph expects its population to increase to 5,000, which would qualify the City Municipal Sta
Highway Aid. Ehlert made a motion to accept the Mayor's recommendation; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried
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4) The annual election of officers was conducted at the APO Executive Board meeting.
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5) The study done by students of St. Cloud State University, on some aspects of the City of St.
Joseph is now completed and will be given to the City.
6) The Governor presented his educational package proposal at the Governor's Dinner.
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7) The Mayor is waiting for a response from the Railroad Officials concerning ownership and
use of railroad property. Mark Lambert is working on a proposal to allow buildings on a portion
of the railroad property. I
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8) The Police Department sent out about 50 notices to residents on ordinance violations, (such as
junk cars and refuse). I
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9) The League of Minnesota Cities annual conference will be held in St. Cloud. Ehlert made II
motion to approve the attendance of Mayor Hiemenz and Councilor Niedenfuer at the full
conference with an option of another Councilor to attend a mini session; seconded by Loso,
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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SPECIAL USE PERMIT - BUDGET PROPANE: Mayor Hiemenz stated the public heanng
has been held on this matter and additional information will not be taken. The Council will I
consider the fmdings of the Planning Commission through the information already received I
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Ehlert indicated he wished to reinforce the fmdings of the Planning Commission. Niedenfue~
stated the 7:0 vote of the Planning Commission shows a strong vote, indicating the safety isstie a
strong concern.
City Attorney John Scherer recommended the Council make a decision based on the ordinance
and evidence, taking into consideration the Planning Commission's fmdings. The Council I
discussed this proposed use was found by the Planning Commission to not be consistent with the
, Comprehensive Plan. Theyalso discussedtlleßuture use of adjacent property. Noted, were plans
for a Church, allowing future large gatherings of people, on sundays and perhaps throughóutthe-
week. ,I
Vehicular traffic patterns and allowances were discussed. Truck traffic could be restricted to
right on right off requirements.
Niedenfuer made a motion to uphold the fmdings of the Planning Commission denying the
Special Use Permit requested by Budget Propane. The motion was seconded by Ehlert.
Ayes: Ehlert, Niedenfuer,
Nays~ Hiemenz, Loso, Twit. Motion failed,
Hiemenz made a motion to grant the Special Use permit to Budget Propane based on their
application. The motion was seconded by Loso. Discussion - Loso expressed concern for the
need to address requirements for aesthetics and a site plan. Twit stated his biggest concern i~ the
safety concern. Mayor Hiemenz discussed these concerns indicating the Planning Commission
had addressed them.
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Peter Donohue stated his client would be willing to worle with the City on a sIte plan and
aesthetics including screening.
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Loso made a motion to amend the motion by making the approval subject to establishing agreed
upon conditions relating to site plan and aesthetics suitable to both parties. Twit seconded the
amendment. Discussion - Ehlert again expressed concern on the safety issues. Mayor Hiemenz
asked if the Planning Commission could respond to the safety issue. Linda Sniezek responded
stating the safety issues relate to large numbers of people using the adjacent properties, both the
park (with large numbers of people there at a time), and the Church propertywi11 have
congregational use, Also the safety concerns include the propane itself as well as the increased
traffic of propane business and customers.
Ayes: Loso, Ehlert, Twit.
Nays: Hiemenz, Niedenfuer.
Motion to amend to original motion carried
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Vote on the amended motion to grant the conditional use permit subject to thJ estab1isbrnent of
conditions:
Ayes: Hiemenz, Loso.
Nays: Ehlert, Niedenfuer, Twit.
Motion failed
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DIRECTOR OF PUBLIC WORKS REPORTS: Dick Taufen reported 1) Restoration of cur
and gutter on First Avenue SE after a project done by NSP Gas was not satisfactory. NSP Gas ~
willing to do the necessary restoration. After discussion Twit made a motion to have NSP repair
Carl Reber's driveway, and repair the sod in the restoration area. and escrow the curb and gutter
repair costs; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried
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2) City sewer was not stubbed to Chuck Fuchs property at 403 East Minnesota Street. He and
Bill Wasner want to have the sewer service their properties from 4th Avenue NE (from the rear of
their properties). The City owns 30 feet of the property between the right of way area and Fucl1
property. After short discussion Twit made a motion to have the City install the sewer line across
the City property (cost about $200) to bring it to the property line, along with Ii written agreement
that the property owners are responsible for the entire service line to the main, 'and only one
service may be connected to a service line; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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SNO-JOES SNOWMOBILE TRAIL: Doris Johnson, representing the Sno:-Joes discussed
their responsibility and concern for safety, order and peace and harmony. She stated of the six
houses on the trail in St. Joseph two of them are ok with it as is, two of them are ok with the
understanding it will be moved to the railroad track bed in the future, and she was not able to
contact one resident and one home owner has problems with the trail location. She presented a
map showing the interconnecting snowmobile trails in Steams County, and discussed them as
part of the state wide system.
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Mayor Hiemenz indicated he sent a letter to the milroad asking for the City to receive fIrst
option, for the property to be used as a link in the Lake W obegon Tmil, when the property is
sold.
Ehlert discussed the coopemtion and responsiveness of the Sno-Joes and the possibility of them
policing snowmobiles,
Council discussed limiting hours of the day when snowmobiles are allowed in the City.
Johnson requested the City retain the allowance for snowmobiles to drive from the trail to their:
homes and businesses as is currently allowed.
OUTDOOR LIOUOR PERMIT: Loso made a motion to approve an outdoor liquor permit
application of Mark Zimmer for the LaPlayette for an event to be held June 1, 1997 until 8:30
p,m.; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
COUNCILORS REPORT
TWIT: 1) Presented a Memorandum making recommendations on City Council meeting
Agendas and donated time.
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2) At a fInance workshop Twit attended recently it was discussed that future Local Government
Aid will be based on efficiency of the local government; investment policies are extremely i
important; and do not spend down the fund reserves.
3) Twit had the honor of attending an award ceremony honoriIÍg one of our own as Fire[¡ghter bf
the year. Steve Schirber was awarded tlús honor. Twit also recommended presenting an honor at
the local level. Mayor Hiemenz stated he intended to present a Mayor's. award. I
4) The EDA Board met and hired Chad Carlson as EDA Director to start June 13. The upstairk
of the City Hall Annex is being considered for EDA office space. I
EHLERT: I) Ehlert recommended paying for the donated time. of employees when a specifIc'
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amount is stated, He recommended not paying it if the employee was not specifIcally requested
to attend a function, nor had requested pay for attendance. Loso made a motion to pay Brad
Lindgren for fIve hours of donated time as recommended by the PersoID1el Committee after
reviewing and discussing the matter with the affected employees. This payment will provide
compensation for all duty time. The motion was seconded by Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays~ None. Motion carried.
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Mayor Hiemenz extènded the meeting fIfteen minutes at 10:00 p.m.
2) Ehlert presented a Development Review Application fonn as reviewed by the Planning,
Commission, Ehlert will receive recommendations from the Council.
3) The Planning Commission:
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a) discussed Vicki Osendorfs request for another exit out of Northland Addition.
b) Ehlert and Marge Lesnick are working on the Northland Addition transportation
problems. The Planning Commission requested a special meeting to handle these and other
issues, Mayor Hiemenz made a motion to approve a special meeting of the Planning
Commission as requested, for Northland Addition and other issues; seconded by Twit
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit
Nays: None. Motion carried.
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c) Is considering a request from Greg Smoley to rezone a property from R -1 to R -3. The
Planning Commission will consider this matter on June 2nd and is requesting the Council waive
the requirement to have infonnation to them by the Monday before the meeting and consida- Ûlis
matter on June 5"'. The Council was not willing to waive policy in tins matter. I
d) JeffWaletzko was allowed only a four foot fence on the street sides'ofhis corner
residential lot, as required by the zoning ordinance,
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4) There is a problem with the restoration by Carl Reber's driveway from someutilitywork.
Ehlert has alerted Dick Taufen to the situation. '
L080: 1) The Park Board is seeking approval for seeding the soccer fields being constructed in
Millstream Park. Twit made a motion to approve the quote of Thelen Excavating of about $4,800
for the seeding as requested; seconded by Niedenfuer. I
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit
Nays: None. Motion carried
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NIEDENFUER: 1) The CORE Committee met and discussed several issues. The planned event
was agreed to be an Octoberfest to be held on October 4'" in conjunction '>'lith the Lab School
craft sale..
Mayor Hiemenz extended the meeting ten minutes at 10: 15 p.m.
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Niedemuer reported the CORE Committee held their end of the year celebration at the end of
their meeting. Pizza was purchased from McGlyn's in the Campus Center. Loso made a motion
to approve payment of$l2.00, the cost of the pizza; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit
Nays: None. Motion carried
2. Niedenfuer suggested the Council submit typed reports in order to save time at Council
meetings. Council discussed and felt if they would prepare written reports theywould have to be
included in the Council packets and generally agreed did not agreed to this suggestion.
CLERKfADMlNISTRATOR REPORTS:
1) Dog Complaints 6'" Avenue SE Several complaints were received on a specific
property about two dogs and several puppies. Complaints were the neighbors and passers-by
were afraid of the dogs and the dogs jump their fence.
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2) City 1996 Population Estimate is 4,406; Household Estimate is 985.
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3) Property Insurance Deductible and Coverage Cost of reduction of deductible to $250 I
would cost $860 more per year. We have only had about one to two claims per year, There have'
been a few losses within the $250 to $500 that are not claimable due to the deductible. ¡
4) Health Insurance Premium Increase (about 13%) This is due to higher claims mainly.
Last year there was a decrease in the premium due to less claims. Council discussed seeking
quotes for employee health insurance.
5) LGA Payment Early _ Those Counties that were in designated disaster areas received
LGA early, Normally it comes in July.
6) Application for Payment - Fire Hall $48,221,00 to Gohman Construction was
approved with the bills payable,
7) Application and Close Out of the Water Tower Project was presented. Lose made a
motion to approve the fInal payment of $377.00 to CBI Na-Con as recommended by City
Engineer Joe Bettendorf; seconded by Ehlert,
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays~ None, Motion carried,
2) Fines for future noise violations may be considered,
City incurs associated with the violation.
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The fme will be set to cover the costs the
MISCELLANEOUS OR ANNOUNCEMENT ITEMs:
1) Mayor Hiemenz requested to continue the expanded agenda.
3) Mayor Hiemenz indicated he will meet with Dr. Lyons, Sister Miriam, Sister Moira and Hub
Klein to further discuss future planning between the College, Monastery and City, I
Twit made a motion to adjourn at 10:30 p.m.; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried,
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Rachel Stapleton
Clerk! Administrator