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HomeMy WebLinkAbout1997 [07] Jul 03 Page 3155 Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session at 7:00 p.m. on Thursday, July 3, 1997 in City Hall. I MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit; Clerk! Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Dick Taufen, Scott Berscheid, J. B. Thomas, Daniel R. Olson, Eric Fowler, AI Greig, Norm Gregerson, Karl Greig, Jean Gustin, Jim Graeve, Ken Heinen, Janet Ophoven, 1. Hoffman, Steve Streng, Kevin Blanchette, Joanne Zipp, Lee Zipp, Dick Taufen, Bradley Lindgren, Shannon Hinnenkamp. Mayor Hiemenz called the meeting to order at 7:00 p.m. with Councilors Loso, Ehlert, Niedenfuer, and Twit present. AGENDA: Loso made a motion to approve the agenda with Number 16 - St. Cloud Community Based Planning Agreement moved to 8 :00 p.m. to accommodate a representative from the State Planning Office to discuss this issue with the Council; seconded by Niedenfuer. Ayes~ Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried. NOISE VIOLATION HEARING: Mayor Hiemenz stated an evidentiary hearing was not requested by the property owners and opened an informal Noise Violation Hearing for property owned by Norm mu-Gregerson and AI Grieg, at 310 Old Highway 52, due to an incident ofJune 14, 1997. Norm Gregerson spoke for the owners indicating they understood the seriousness of the matter and had requested the renters to be present and speak to the CounciL I Eric Fowler, renter and a 31<1 year St. John's University student, stated they had only lived at the property a short time before the noise violation occurred. The renters had a "no smoking" policy in their apartment, requiring smokers to go outdoors, Since this incident the renters have required the windows to be closed when guests are present to keep the noise in the rental unit, and also allow smoking indoors. He apologized to the Council and the community, and stated they want to do whatever is necessary to prevent another incident. ' Mayor Hiemenz recommended the renters give their phone numbers to the neighbors and request the neighbors call them when the renters are getting out of line, Dan Olson, another renter, concurred with Fowler and stated he felt remorseful for the incident and they want to be good members of the community, He thanked the Council for allowing him to be heard, Scott Berscheid also took responsibility stating the incident happened on his 21" birthday. The Mayor and Council further discussed the violation indicating this is a first violation for this licensing year. Ehlert made a motion to follow current policy consistent with first violations considering this a strong warning; seconded by Twit. Discussion - Twit recommended including costs associated with the vi()lati~n of $84,00 and made amotion to amend the motion to include costs; seconded by Ehlert. Vote on the amended motion: Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. I I I I I pag!, 3156 Nays: None. Motion carried. CONSENT AGENDA: A motion was made by Loso to approve the consent agenda as follows; seconded by Ehlert: L Minutes of the June 19, meeting with corrections as follow: a) Public Comments to the Agenda: Ken Twit as an EDA Board member will be reporting to the Council (he is not a liaison). I b) Mayor Reports: 6) Council discussed the level of coverage needed, Loso generally felt in the summer less coverage is needed. I c) Miscellaneous or Announcement Items: Loso stated if Hiltner already received one I (variance) he should cancel the hearing, ' 2, St. Joseph Volunteer Fire Department Exemption from Gambling License - August 22, 1997 at the LaPlayette I 3) Advanced Clerk's Institute - St. Paul, July 24 & 25, $150 Registration, I 4) Approve Park Board Special meeting for budget planning, 5) Application for Payment (fInal)- Mark 1. Traut Wells for 1996 Well No.5 - $2,634.75 6) Application for Payment No.3 - to W. Gohman Construction Co. for New Fire Station, , $145,525,00 . Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried, I I Twit questioned the status of the escrow for W, Gohman Construction. Mayor Hiemenz stated Bruce Gohman bid the project with the intention of retaining the interest from the escrow account. State law allows such agreement with certain securities. Mr. Gohman intends to provide whatever securities I necessary to receive the interest on the escrow account. Twit made a motion to approve the escrowl agreement as initially drafted allowing the contractor the interest on the escrow account. The motiori was seconded by Niedenfuer., I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I I PUBLIC COMMENTS TO THE AGENDA: Shannon Hinnenkamp requested the Council allow him to erect a sign on city property on County Highway 75 (by the Wastewater Facility) indicating his i property behind the Boy Scout Building is for sale, Loso stated it could not be placed in the County right-of way area. Council agreed to consider the matter under Miscellaneous and Announcement agenda item. I Janet Ophoven expressed concern about removing the hockey rink. Loso stated the Park Board agreed to have it removed because of the poor condition of the facility, lack of cooperation between the hockey players and fIgure skaters, and the behavior of the hockey players. Ehlert suggested reconsideration of the removal of it in consideration of repairing and restoring it. Niedenfuer felt there is a need to prbvide for fIgure skaters also. Mayor Hiemenz and Ehlert requested the Park Board reconsider the matter,! , ! Jim Graeve stated the sod installation was vel)' poor on the East Minnesota Street project. Mayor I Hiemenz stated the contractor is aware of that and will address the problem. i , ! Jim Graeve also recommended having the City Police monitor and frequently visit the skaters and hockey players at the facility when it is open. He felt that may take care of the problem. i J" Ken Heinen requested to have the speed limits reduced to 20 mph on the side stree~. He stated vehicl~ speed is a hazard in his neighborhood. Loso stated speed limits are regulated by state statute, the Ci~ has little control over speed limits, I I BILLS PAYABLE. OVERTIME AND CALL OUTS: Deputy Clerk Judy Weyfens presented the bills payable, overtime and call outs, The Council discussed several bills. Twit made a motion to approve payment of the bills payable as presented check numbers 24223 - 24280; seconded by Ehlert. Ayes: Hìemenz, Loso, Ehlert, Niedenfuer, Twit. Nays~ None, Motion carried After review and discussion of the overtime, sick leave and call outs; Twit made a motion to approve them as presented; seconded by Loso" Ayes: Hìemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I Mayor Hìemenz stated the Personnel Committee needs to address the interim sched~~e for the police officers with the Police Chief. MAYOR'S REPORT: I) The APO election of officers elected Carla Schaefer, Waite Park Councilor, as secretaIy. 2) Mr. Longo of the Great River Roundtable will be holding area informational meetings this falL Th area being served by these meetings will be a 15 to 20 mile radius of St. Cloud v,,¡th the first meeting being held on September 23,1997. i 3) Stearns County Commissioner Rose Arnold recently had major surgeI)', I 4) The APO future population projection of2015 has been extended out to 2020. 111e population estimates are holding true. 5) The APO Transportation Plan has two chang:es, but neither of them has an effect <)fi St. Joseph. ""' I 6) The police clothing allowing will be discussed during the Chief of Police report. I I ! 7) The Mayor recently introduced EDA Director Chad Carlson to the St. Cloud Area Economic Development Partnership Board. Mayor Hìemenz made a motion to appoint Chad Carlson as the City's alternate representative to the Partnership; seconded by Ehlert. Ayes: Hìemenz, Loso, Ehlert, Niedenfuer, Tv-it. Nays: None, Motion carried 8) The Mayor met with a group of interested citizens a Representatives of the Brian Klinefelter Foundation. They requested the Mayor to appoint a task force of interested citizens and will be having a meeting to gain input on the type of structure desired, Interest was indicated for a community or recreational facility. I I 9) A meeting of St. Cloud Mayor Winkelman, 1>1r. Longo and others was attended by Mayor Hìemenz. Support of area communities for area planning is being sought. Mayor Winkelman also indicated his desire for a dome type structure to be located in the Lake George area, I I I I Page 3158 I I 10) Representatives of the Monastery and College of St. Benedict met recently with the Mayor indi6ating a desire to work together in partnership with the City and to do joint planning. , I JOINT POWERS AGREEMENT FOR ST. CLOUD AREA COMMUNITY BASED PLA.NNING: Steve Rueckers, Representative of Minnesota Joint Planning Agency, discussed the legislation allowing St. Cloud Area Joint Planning pilot project. He discussed with the Council various aspects of the i proposed joint powers agreement between the Cities of St. Cloud, Sauk Rapids, Sartell, St. Joseph im.d Waite Park; and the Counties of Benton, Stearns and Sherburne. The other jurisdictions are in the process of reviewing the agreement, but it was not known if any had approved it. Rueckers stated there had been discussion if all the jurisdictions were required to participate, ,The I Attorney General generally felt the legislation required all jurisdictions to participate in order to re6eive the funding. If a member should chose not to participate, a decision would have to be made if a legal opinion from the Attorney General would be requested and who would bear the cost of the opinion.1 A copy of the goals in the legislation will be provided to the Council. I MINI STORAGE UNITS. SPECIAL USE PERMIT A.."ID VARIANCE: The Council reviewed the fmdings of the Planning Commission concerning a request of Al Stellmach and Steve Hoffman for ~ Special Use Permit and a twenty foot variance on the rear yard setback in an Industrial Zone to conJ;truct mini storage units, The Planning Commission recommended approval of the Special Use Permit and denial on the variance due to voluntary withdraw by the owners. After short discussion Twit ma<k a motion to deny the variance as requested and to deny the Special Use Permit on the basis that there' is no plan submitted; seconded by Niedenfuer. ' Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, RE-ZONING REOUEST: The Council discussed the recommendations of the Planning Commission concerning the Re-Zoning request for 414 East Minnesota Street of Greg Smoley, from R-1 (Single Family) to R-3 (Multiple Family) - The Planning Commission recommended denial. Loso made a motion to support the Planning Commissions recommendations and deny the re-zoning request. The motion was seconded by Twit. I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. The Mayor declared a recess at 8:35 p.m. to review the recommendations of the City Attorney, The Mayor called the meeting back to order at 8:50 p.m. , , I , I I ZIPP VARIANCE REOUEST ON AN ACCESSORY BUILDING: . The Council considered the variance request of, Leander Zipp, 308 East Minnesota Street, for a 636 foot variance on accessory building maximum size, and 602 foot variance on maximum lot coverage to construct an addition to the existing garage- Planning Commission recommended approval. I Ehlert discussed the Planning Commission's consideration of the request. Due to the grandfather 'status of the existing structure, the proposed addition is six feet by twenty four feet. The Commission also considers it a unique situation. I I Niedenfuer stated the recommendations from the attorney discusses strict guidelines in the ordinate, I , I Page 3159 Jim Graeve recommended making a decision based on the reasonable thing to do. I Twit made a motion to not accept the Planning Commission's recommendation and deny the variance request based on the following: l) the attorney's recommendations; 2) the property exceeds the maximum accessory building size creating the need for a variance on the maximum lot coverage; seconded by Loso. I Ayes: Hiemenz, Loso, , Niedenfuer, Twit. Nays: Ehlert, Motion carried , Loso recommended the Planning Commission review the standards set in the zonmg ordinance and consider if they are reasonable. , HOFFMAN VARIANCE REOUEST ON AN ACCESSORY BUILDING: The Council considered the Planning Commissions fmdings for recommended approval along with the recommendations of th¢ City Attorney for a variance request of Leon Hoffman at 314 East Minnesota Street, for a 288 foot variance on maximum lot coverage. The proposed addition is 22 feet by 30 feet. Loso made a motion to approve the variance request based on the size of the lot; s~onded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. i Nays: None. Motion carried I IllLTNER VARIANCE REOUEST ON STREET SIDE YARD: The Council wnsidered the variance request of Mark Hiltner, 309 Cypress Drive, for an 8 foot variance on the front yard setback construct a deck. Planning Commission recommended approvaL Niedenfuer made',. motion to deny e request based on lot size and configuration; seconded by Hiemenz. ' Ayes: Hiemenz, Niedenfuer. I Nays: Twit, Ehlert. Loso abstained. Motion failed. I I , Although the motion failed to deny the variance it was noted the variance was not approved ! CIllEF OF POLICE REPORTS: Chief Brad Lindgren presented the quarterly report and di several aspects of it. I l) He indicated the closing date for receiving applications for filling Officer Dean Cichy's position was July 2, 1997. The hiring process along with legal consultation will be started I 2) Chief Lindgren stated Officer Steven Fischer has past his probationary period and he recommended approval ofhim as a regular officer. Twit made a motion to approve Officer Steven Fischer to regular officer status; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 3) Mayor Hiemenz discussed the proposed policy specifying which items are allowed for uniform allowance and which are department equipment. The Council discussed and generally agreed to the following placement of certain items, I I Department owned: 1 set of handcuffs, asp, tape recorders, P.B.T. units Uniform allowance: 2nd pair handcuffs, up grade to tape recorder, under cover clothes. I I I , Source of the funding for (safety) vests was discussed. Generally agreed was if an officer leaves in good standing the Officer may retain the vest. If the Officer is terminated or asked to leave the vest will stay with the department. Upgrades of specific items as technology changes, will be brought to the Council. Niedenfuer made a motion to accept the policy for designating uniform allowance items and department owned items as clarified; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. At 10:00 p,m. Mayor Hiemenz extended the meeting to 10:30 p.m. I I , Page 3160 : 4) Chief Lindgren infOlmed the Council St, Joseph has received a grant to assist in funding an Administrative Assistant. He discussed the proposed duties of the position as well as the need to require ,,_ an allowance to come in during times other than regularly scheduled work hours as necessary, providing services such as transcription services. MayoiHiemenzrecoriiinerided classifying the position exempt. I Niedenfuer made a motion to apply for the grant, with City share being $2,500 for the first year (budgeted under professional services) and $3,000 for the second year and proceed with the hiring process. The motion was seconded by Ehlert. Discussion - Mayor Hiemenz stated this could alleviate Police Officer overtime doing reports. Council discussed other additional costs including uniforms. The work station and equipment would be an existing one. The Council further discussed levy limits, status of the grimt, when decision needs to be made, and increased costs in other departments. It was noted other departments have maintained their size with the increased workload. Ehlert made a substitute motion to table the matter to the next meeting; seconded by Loso. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: Hiemenz. Motion carried. Loso questioned the status of equipment being held for evidence, and the length of time it is expected to be held. Lindgren indicated the County Attorney's office is handling certain cases. I I ALLEY MAINTENANCE: Kevin Blanchette appeared before the Council to discuss the mainteJance status of the closed alley in block 1 ofLoso's Second Addition, After short discussion of the statuS of the alley, closed not vacated, and the need for snow removal, Council requested the tape of the decision to vacate be reviewed for further consideration. I DIRECTOR OF PUBLIC WORKS REPORTS: Dick Taufen reported on recent complaints re¿eived. He reported on a drainage problem at 308 lIth Avenue SE adjacent to Pondview Ridge Addition, The lots are built up higher to the east and drain onto his property. Council agreed to have the City Engmeer review the situation and make a recommendation, I Taufen also reported a resident at 1006 Date Street E, reported not being able to hear the Civil Defense siren, That same individual is concerned that the holding pond in the park does not hold all the dnlinage water when it rains, The water extends into her property, and she understood that the water would hot extend into her property. Loso reported a second siren is planned with revenue designated in the budget Page 3161 each year. He also stated the holding pond will be dredged with phase four Pondview Ridge Addition development. Taufen indicated the area is producing much more water with each d~velopment. I Taufen also reported the last three developments have had serious drainage problems. He felt requiring our engineer to draw the plans for developments could alleviate some of these pro~]ems. l WATER FILTRATION PROJECT: Taufen reported on the status of the Water' Filtration Project well as the SCADA system. Bentec is requesting payment, but he stated there are a few items that ne¢d to be completed as well as receiving an adequate radio license. Council agreed to have the Contractor L (!\-1ark Magney) for the Water Filtration project and the Engineers (Jim Norton and Joe Bettendorf) m t with Taufen to go over the project and detennine the status and what needs to be done to finalize the project. The Council also agreed to have the City Attorney send a letter to Bentec Cthe provider of th SCADA system) indicating the status and need to finalize that portion of the project. I COUNCILORS REPORT I I TWIT: I) The EDADirector keeps a daily log of his activities and will be reporting to the Council ,n them. He has currently met with several businesses in the area. I 2) The Investment Committee met recently and reviewed the [mal investment policy as well as current investments. 3) The Personnel Committee met and have been reviewing the current personnel pohcies of the City. He presented a summary of the areas of review and status. He also stated there will be consideration of requiring time clocks for employees. I 4) Twit indicated he was disturbed by the proposal at the last meeting (in his absenÅ“) to require the members of Boards and Commissions to have the right to solicit, receive and review appli=ts for their membership replacements, and make recommendations to the City Council for approval prior to I appointment by the Mayor with Council approval. He indicated the Fire Department no longer may d9 this and would be offended by giving this allowance to Boards and Commissions. Niedenfuer also todk umbrage to this issue being considered without her input. I EHLERT: l) The Planning Commission proposed a 60 day land use moratorium for an area on Co:nrty Highway 75 to consider zoning issues. Niedenfuer made a motion to table the matter and refer it to tJl City Attorney for recommendation; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 2) The Planning Commission requested the Council hold a hearing for public input on the Comprehensive Plan at their meeting on July 17 at 7:30 p.m. Council generally agre.:d to allow such hearing for public input. ' I 3) The Planning Commission also requested a joint Planning Commission meeting "lith the City Council on July 22 at 7:00 p.m. in the City Hall. I 4) The tattoo ordinance will be referred to the Council for approval at a later date. I I I I I p~ 3162 I LOSO: Loso made a motion to withdraw his motion from the last meeting requesting an amendmen't to the procedure for appointing new members to the Boards and Commissions; seconded by Twit. I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. 'I Nays: None. Motion carried. I NIEDENFUER: 1) Niedenfuerreported on the League of Minnesota Cities Annual Conference she recently attended, with sessions on pay equity and Women in City Government. She also met with the Minnesota Project for Sustainable Development, and is a member of the committee. . I I CLERK/ADMINISTRATOR REPORTS: Rachel Stapleton presented the updated Stearns County Highway Department five year improvement plan. I I The Community Sign policies will be considered at the next meeting. I MISCELLANEOUS OR ANNOUNCEMENT ITEMS - SIGN PLACEMENT REOUEST: Twit made a motion to allow Shannon Hinnenkamp to install a temporary sign on City property by the I Maintenance Garage and Wastewater Facility on County Road 75 beyond the right-of -way area location to be approved at the discretion of the city maintenance personnel. The sign may be located for up ~o sixty days. The motion was seconded by Niedenfuer. I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None, Motion carried, I I I Twit made a motion to adjourn the meeting at 11 :05 p.m. with any further business to cany over to the next meeting; seconded by Ehlert. I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. I Nays: None. Motion carried. ~~ Clerk! Administrator