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Home My WebLink About1997 [08] Aug 21 Page 3185 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, August 21, 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, Dave Theisen, Steve Streng, Ellen Wahlstrom, Bob Wa.1-¡lstrom, Art Reber, Chad Carlson, Steve Niedenfuer, Jim Graeve, Mark Molus, Jackie Molus, George Mo1us, Gary Heltemes, Edith Hiemenz, Martha Kierzek, Kendra Johnson, Tom Klein, Laura Martinez, Mike Deutz. Mayor Hiemenz called the meeting to order at 7 :00 p.m. and opened the meeting with Councilors Loso, Ehlert, Niedenfuer, and Twit present. AGENDA: Twit made a motion to approve the agenda with reports under Number 8 (Department Head Report) on the Water Treatment Facility project and Number 10 (City Engineer Reports)- Storm Sewer use by St. Joseph's Church. The Access Channel equipment demonstration will be given at a later date, when the transmission equipment is fully installed. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. CONSENT AGEl'il>A: Niedenfuer made a motion to approve the consent agenda as follows: I 1. Minutes of the July 22 and August 7, 1997 meetings, to include in the discussion of the August 7'" meeting, under AGENDA: "Twit questioned the additional information sent to the Council following the Friday packets.". 2) Ordinance 36: Telecommunication Free Standing Tower Regulation Ordinance- Cable Commission reviewed, revised and is recommending approval. 3)Assessor for 1998 - Ollie Lesnick - Annually the City notifies the County Assessor of their intent to rehire the City Assessor. The motion was seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. PUBLIC COMMENTS TO THE AGENDA: Jim Groove questioned if there are two new car washes proposed as the agenda items make it appear. Mayor Hiemenz stated the agenda is not clear and is he seeking to have more information provided on the agenda for each agenda item. Mr. Graeve also questioned the status of the proposed working budget summary as well as the debt service funds. BILLS PAY ABLE. OVERTIME AND CALL OUTS: Deputy Clerk Judy Weyrens presented the bills payable, overtime and call outs. Council discussed several bills including one for storage of a seized car, and the engineering bill for East Minnesota Street project. Council requested investigating if the additional engineering for East Minnesota Street could be passed on to the sodding company. I I I I I I I I I if/ '? (:, Page ~ Twit made a motion to approve the bills payable check numbers 24417-24459; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. The Council reviewed the overtime and call outs. Twit stated he had discussed with the Police Chief, the uneven amounts of earned overtime for each Police Officer during reporting periods. The earned overtime is contingent upon the schedule. Twit made a motion to approve the overtime and call outs as presented; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Weyrens presented building permit year to date information. MAYOR'S REPORT: I) The Mayor received a resignation from Dale Haug, Building Official. He is willing to complete the process on all the building permits he has written as well as I continue the duties of the position until a replacement is appointed. The Mayor will seek I proposals from Certified Building Officials and bring them to the Council for consideration. I , I 2) Burlington Northern has detailed the process of discontinuing the railroad. They intend to sel all but the rail bed through a third party, then intend to negotiate '.'lith MNDot, Division of Ways and Trails to sell the railroad bed. It appears MNDot is as difficult to negotiate additional I crossings as the Railroad. I 3) The Coalition of Greater Minnesota Cities assessment for the coming year is $2,703 with I payment due by February. Mayor Hiemenz indicated he has not noted additional benefits beyond benefits received from the League. He felt the Coalition provided additional lobbying support. I Twit asked if Stapleton has seen additional benefit. Stapleton stated the Coalition provides timely information, but similar service as the League. The Mayor recommended to deny the request for membership due to the austere budget for the coming year. Twit made a motion to fore go joining the Coalition of Greater Minnesota Cities and send a notice to the organization indicating appreciation for the gratis membership; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 4) Interviewing of the Police Officer candidates has been completed. The Mayor stated one candidate has been selected by the Police Hiring Committee and he has accepted the position, pending results of the tests. Mayor Hiemenz requested the Council support the committee's recommendation, and approve Joel Bill as Police Officer contingent upon the results of the medical and psychological tests. Loso made a motion to accept the Police Hiring Committee's recommendation and approve hiring Joel Bill, contingent upon test results; seconded by Niedenfuer. --Ayes: Hiemenz, Loso, Ehlert, Niedenflief, Twit. Nays: None. Motion carried. COUNCIL REPORTS ,-" ;31 % 7 Page 3f!j§ TWIT: 1) The Personnel Committee will be presenting the proposed changes to the Council in segments, with the re-typing to begin next week. The employees would like to speak to the time clock issue, but ultimately it is a Council decision I 2) EDA - no report as Twit was absent from the last meeting. EHLERT: I) Issues from the Planning Commission are on the agenda later in this meeting. 2) Ehlert concurred with Twit on the Personnel Committee matters. LOSO: 1) Loso discussed the need to begin maintenance procedures for Nort)ùand Park. He discussed the need to seed the park to provide an adequate ground cover for play. Loso made a motion to approve $6,750 for seeding Northland Park; seconded by Ehlert. Discussion - EWert questioned the drainage improvements for the forth coming plat ofNortbland Addition and the impact they may have on the park area. There was finther discussion on waiting te' seed until the development is complete in order to prevent restoration costs. Restoration costs would be the responsibility of the developer. Loso agreed to contact Terry Schmid, Developer, prior to the seeding, concerning his plans for drainage into the park. Schmid will be requested to respond in writing to Ehlert, concerning his plans. Vote on the motion to approve the seeding subject to the developer's plans for dnlinage from the development into the park area was as follows: ' Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, T'Wit. Nays: None. Motion carried. I NIEDENFUER: The application for a grant to the Minnesota State Historical Society requires an appraisal of the building. An area appraiser has quoted Niedenfuer for an appraisal of the First State Bank Building to be between $100 and $150. Mayor Hiemenz stated he had discussed the process with the City Attorney. He recommended after an appropriate period Òf time the family could be approached on disposal of the property for a museum. He also recommended setting up a separate board for the museum, as a non-profit organization. Niedenfher requested authorization to continue the grant process for the museum. T\vit made a motion to approve the cost of an appraisal, allow the City Attorney to work directly with Niedenfuer on this project, and approve matching funds up to $75,000 \vith the anticipation of fund raising efforts to reimburse the City along with a schedule of reimbursements. A separate special revenue account will be set up as a community support account. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, T\,it. Nays: None. Motion carried. DIRECTOR OF PUBLIC WORKS REPORTS: Mayor Hiemenz presented for Dick Taufen, information from Vessco Inc., the supplier of the chlorination equipment: Twit expressed concern about the company's recommendation to properly take the equipment out of seI\ice and store it for future use, since it has not yet demonstrated to function accurately. Mayor Hiemenz made a motion to refer the matter to the attorney, to review the contract and ask for a refund for the cost of the chlorination equipment. The motion was seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, nvit. Nays: None. Motion carried. I I i i i 3d? 8 Page 3J.86 Mayor Hiemenz also presented infOlmation from the City Attorney concerning the SCADA I project and Bentec, the supplier. Mayor Hiemenz made a motion to have Bentec prepare a list df all subcontractors, provide evidence of payment and an affidavit verifying full payment, and the! City retain $4,000 of the contract retainage as security (due to his company's inability to ¡ purchase a bond). The motion was seconded by Twit. i Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. CLERK! ADMJNISTRATOR REPORTS: I) NSP will be presenting a proposal for review of the street lighting in the City. Stapleton recommended consideration of specific street lights at the September 9, 1997 special meeting to prioritize and consider capital improvement and building needs. 2) Gary Heltemes, 30309 90th Avenue, has requested a street light by his property. After a short discussion Ehlert made a motion to request Steams Electric to review the lighting in the area for possible refocusing the existing light for better illumination. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I 3) Mayor Hiemenz recommended the City of St. Joseph approve the St. Cloud Area Joint Plmming Project Joint Powers Agreement between the Cities of St. Cloud, Sauk Rapids, Sartell, Waite Park and St. Joseph, and the Counties of Steams, Benton, and Sherburne, 'allowing the governments mutual understanding and cooperation for community based planning as embodied in Minnesota Statutes. Loso made a motion to approve the agreement; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried, Ehlert made a motion to appoint Mayor Hiemenz the representative from the City of St. Joseph; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried, 4) Fanch Communications Inc. executed 10 year franchise for Mark Twain Cablevision 5) Capital Outlay Request - Two Lateral File Cabinets, for Administration Departments were approved \vith a motion by Loso; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, T\vit. Nays: None. Motion carried. i and Water i I , 6) Kern, DeWenter, Viere presented a proposal to the City for the Audit for 1997 of $7,375: After a short discussion Twit made a motion to accept the proposal as presented; seconded by Niedenfuer, i Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 7) The County Auditor notified the city that a 37 foot wide strip of property on Ash StreetEasi is available as tax forfeited property. If the City wishes to acquire it the City should make an: I r- :3/,7'1 page.;tß'j' offer to the County. Ehlert made a motion authorizing Mayor Hiemenz to negotiate wiL'1 Steams County for this property, with the offer not to exceed one half of the stated valu¡: of the property. The motion was seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I 8) A gn.:Jup h,d h·.!-tt~J. ¡vliil;,;~....ULU ~ \.....r... ~vJ. .....l event 3.ll.d the bathroom facilities malfunctioned. Because of the level of inconver.ience, they are requesting one half of the re!ltal fee rettnned Ehlert made a motion to refund one half of the rental fee for }'fillstream Park to Bonnie Gruber as requested, due to the nature of the problems; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Tv.-it. Nays: None. Motion carried. ST. JOSEPH'S CHURCH STOR"! SaYER USE: Tom Klein, representing St. Joseph's Church, discussed with the Council the Church's pla.'lS to upgrade the parking lot and pro\ide drainage. They plan to store less snow on the lot, reducing Üle current level of drainage needs. The Church will be responsible for their drainage system and request to hock up to the City stonn sewer system. After short discussion Loso made a motion to allow t'1e Church to hook up to Üle City stonn sewer system as proposed, wiÜl Üle Church being responsible for maintenance of its system and Üle City responsible for maintenance of its system; seconded by Niedenfuer. Further discussion _ Twit questioned if L'1ere are a.'lY costs to the City concerning t'lis proposal. Stapleton will consult the City EI1ccrineer concerning possible costs to Üle City associated v.-iÜl the proj ect. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I IMPOSmON OF CONDITIONS REQUESTED FOR CAR WASH PROPOSAL: .Mark and Jackie Molus appeared before the Council to request the Council impose certain conditions for a Special Use pennit request of Mike Deutz to construct a car wash in a General Business zone adjacent to Üleir property. They discussed noise levels a.'ld presented ad~monstration oft'1el noise level variation of seven decibels. Other concerns were 1) if the property was surveyed foj this proposed plan; 2) Is Ülere a proposed drainage plan; 3) who is responsible for enforcing t.}¡~ building code and city requirements; 4) decibel1evels and cumulative noise from two or mor sources; 5) what the reasoning of Üle PlaJ"'~g Commission was in deciding tC) grant this specia use pennit. Mark and Jackie Molus discussed consideration of Üle impact c,f this cOImnercia zoning allowance through a Special Use Permit will have on adjacent residential land uses. The~ requested six conditions be imposed on Üle special use pennit relating to snow; removal, drainage fencing, noise standards met, operating hours a.'ld fire code. SPECIAL USE PER'\1IT FOR CAR WASH PROPOSAL: 11ike Deutz appe2Ied before t'1e Council requesting consideration of a special use pennit as recommended by Üle Pl~ Commission. He indicated he discussed his proposal with Molus's during the initial planninif stage and its current status. He discussed options for dryers v.-ith lesser noise l,evels, and plans On using equipment to meet State decibel limit standards. Niedenfuer requested he take measures tb keep the noise level lower than the maximum allowed by State Standards. He also indicated h~ will be constructing a six foot fence, and wishes it to be completely mai.'ltenance free. I August 21, 1997 I "]1 ¡o Page 3+88 , Mayor Hiemenz stated the City Attorney advised that non-transferable is not a condition that may be placed on a Special Use Pennits. I The noise level of the vacuum cleaner and its location were discussed. Deutz stated he could relocate it on the lot or may omit it entirely. i i I Loso made a motion approving the Special Use Permit request of Mike Deutz to construct a ckr wash and office retail building with the following conditions; to fence the areas as shown on the plan, (35 feet), and the six conditions as agreed on by Mark and Jackie Molus as follows: I I. Snow removal - no snow piled up at the SE comer, front of lot, adjacent to the driveway at 119 College Avenue N. I I 2. Drainage: Pavement sloped, so as not to drain ont%r under the fence adjacent to the property at 119 College Avenue N. : I I 3. Fence: A maintenance free fence deflecting noise, excessive traffic, fumes odors etc. Consisting of at least six feet height from top to ground, running on the south side of the lÓt according to the plan (35 feet). I 4. Noise generated from the car wash: Enclose car wash as much as possible and must meet the State MPCA standards. . I i I 5. Operating hours: 7:00 a.m. to 10:00 p.m. daily. All conditions transferable with sale of the property. . I 6. Fire Code: To meet the State Fire Code In accordance with the adjacent properties/structure. I Further discussion - The exiting noise level must meet state standards for the land use district. i The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. OUTDOOR LIOUOR PERMITS: Loso made a motion to approve the follo",ing outdoor liquor permits for the LaPlayette, 19 N. College Avenue as presented by Mark Zimmer and approved by Chief Lindgren; seconded by Ehlert. I I I I. September 27 2:00 p.m. to 10:00 p.rn. - no music. 2. October 3 - 5:00 p.m. to 12:00 p.m. (Mark Zimmer's wedding) - no music. 3. October 17 at 5:00 p.m. to October 19 at 1 :00 a.m. - Octoberfest music and food. I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. At 10:00 p.m. the Mayor extended the meeti..'1g ten minutes. ( August 21, 1997 J Page 3tß91 I ~nSCELLANEOUS OR Al"'NOUNCEMENT ITEMS: After short discussiün of the need to clarify a position partially funded by a grant, Loso made a motion to clarify a requested clerical position for the police department will not be funded in the 1998 budget; seconded by Niedenfuer. Ayes: Loso, Ehlert, Niedenfuer. Nays: Hiemenz. Twit abstained. Motion carried. Loso made a motion to adjourn at 10:08 p.m.; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, T'W"Ît. Nays: None. Motion carried Qßd.J-I;;;-~ Rachel Stapleton ! Clerk/Administrator ...... '^^'"' I I