HomeMy WebLinkAbout1997 [09] Sep 18
September 18, 1997 Page 3205
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, September 18, 1997 in City Hall.
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MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Coty
Ehlert, Mary Niedenfuer, Ken Twit; Clerk! Ad.tninistrator Rachel Stapleton.
OTHERS PRESENT: Joe Bettendorf, Steve Streng, Unda Smezek, Paul Leans, Chase
Bryson, Aaron Hushagen, Chris Berbee, Eric Wood, Margie Kalla, AI Kalla, Dave
Theisen, Steve Johnson, Joanne Zipp, Lee Zipp, Ray Loehlein, Todd Spychala, Dave
Thomas.
Mayor Hiemenz called the meeting to order at 7:00 p.m. with Councilors Loso, Ehlert,
Niedenfuer, and Twit present.
AGENDA: Niedenfuer made a motion to approve the agenda with the addition of Fire
Chief Dave Theisen report under the Department Head Reports; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
NOISE VIOLATION HEARING: Mayor Hiemenz opened a noise violation hearing
flum an incident of August 29, 1997. Linda Smezek, property owner, had not requested
an evidentiary hearing. Smezek stated the residents has just moved in and had the stereo
on by a window playing loudly. The residents did not hear the Police at the door due to
the layout of the house. Several of the renters offered apologies and indicated they
understood they had made a mistake.
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Twit advised the renters of the need to be more quiet and respectful of the neighbors,
particularly with the police report showing the incident at 4:02 a.m.
Ehlert noted this is a noise violation, but only by the residents, not a large out of control
party. He indicated a need for a level of respect for the neighbors and recommended
getting to know the neighbors.
Loso recommended the need of awareness the neighbors needs and to be respectful of
them. He also warned the renters to be aware of the severity of any future penalties,
should they receive another noise violation.
Smezek stated the tenants are really taking this matter seriously.
Loso made a motion to deem this a first noise violation for 218 West Minnesota Street for
the current licensing year. The penalty will be payment of city costs with a strong warning
that any further noise violations shall result in a much stronger penalty. The motion was
seconded by Twit.
Discussion - Mayor Hiemenz stated future violations may result in suspension of the rental
license as well as a substantial fine.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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September 18, 1997
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Page 3206
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CONSENT AGENDA: The Council reviewed the Consent Agenda as follows:
a) Approve Minutes - September 3 and September 4.
b) Resolution approving updated schedule of fees and charges.
c) Revised Resolution Adopting the Proposed 1997 Tax Levy Payable 1998. The
proposed levy is increased $945 due to the $945 local government aid deduction by the
TIF district. The Dept. of Revenue submitted a revised notice increasing maximum levy..
d) Resolution approving "No Parking" on either side of College Avenue (County
Road 121) fÌ'om Kennedy Elementary to Southern City Boundary.
Twit made a motion to remove fÌ'om the agenda and table the Resolution updating the
schedule offees and charges to the next regular Council meeting agenda to allow staff
review of area charges and recommendations for second hand dealers and pawn brokers
license, parade pennits, tattoo licenses, and massage licenses. The motion was seconded
by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion canied.
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After Mayor Hiemenz read the resolution (item c) of the consent agenda) adopting a
proposed levy, Loso made a motion to approve the minutes, the resolution adopting the
proposed levy and a "No Parking" resolution of the consent agenda; seconded by
Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
PUBLIC COMMENTS TO THE AGENDA: There were no public comments to the
agenda.
BILLS PAY ABLE. CALL OUTS AND OVERTIME: After short discussion of
various bills Loso made a motion to approve the bills payable check numbers 24529 -
24561, as presented; seconded by Twit. Discussion - Twit noted some of the bills for
various items appear to be over $50. He recommended review and recommendations fÌ'om
Department Heads for consideration at a future Council meeting, if the $50 level is
adequate for employee purchases with out prior Council approval.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion canied.
At the last Council meeting the Council questioned if Brad Meyer not claiming overtime
was an oversight. Stapleton advised the Council that the Police Chief had revised the
schedule for duty hours for Brad Meyer occurring during that meeting.
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The Council had questions on the amount of overtime employees received on a holiday
and dates of holiday hours received. They requested a brief report on the questioned
items. Niedenfuer made a motion to approve the overtime and call outs su~ect to
affinning correctness of the holiday hours as noted; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion canied.
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Page 3207
TREASURER'S REPORT: The Council reviewed the Treasurer's RepOlt under two
different formats. Council requested to receive the full report quarterly and the st1II11IlaIY
report the other months of the year with both reports showing revenue projected, received
to date and budget balance. Loso made a motion to accept the report; seconded by
Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit
Nays: None. Motion carried.
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MAYOR REPORTS: 1) Councilor Loso stepped away rrom his chair and left the room
during the discussion of Building Pennit Number 97-59 Ordinance Compliance Complaint
Mayor Hiemenz discussed complaints received concerning Neil Loso's building permit for
an accessory building. The complaint addressed overhang, set back and the size of the
building. Mayor Hiemenz had reviewed the matter and consulted with the City Attorney.
After further discussion Twit made a motion to refer the matter to the Platming
Commission and to suspend the building pennit until appropriate action brings the
construction into compliance with the ordinance. The motion was seconded by Ehlert.
Ayes: Hiemenz, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Councilor Loso returned and resumed his chair.
2) St. Wendel Township held an infonnational meeting on servicing St. Werrdel Tov.mship
with water and sewer. Comparisons were presented in providing service rrom the City of
St. Joseph, City of 8t. Cloud, St.. Stephert, and St Wendel Township constructing cluster
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3) Benton and Sherburne Counties have not agreed to the Joint Powers PJ3Jming
Agreement (5 cities and 3 counties), and are looking for more clarity in the agreement. A
planning meeting was held to discuss unacceptable parts of the agreement. The grant
agreement will be scrutinized for restrictions and clarity. !
4) Mayor Hiemenz attended the APO meeting as well as the APO Exec~re meeting.
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5) The Pond View Fourth Addition developers with their engineer, met with the Mayor
and City Engineer concerning development problems. They are having major project
overruns due to the clay soil composition.
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6) A MNDot Representative call the Mayor concerning a new crossing for a realigned
County Road 133. Neither he nor the Mayor have been able to contact the railroad
representatives.
COUNCILORS REPORT
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TWIT: 1) The EDA held a joint meeting with the Council. The Investlm:nt Cu1Jlll1Îttee
met in August and will meet again in October.
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September 18, 1997 Page 3208
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2) The Personnel Comrnitteemet with Judy Weyrens to review the proposed changes for
review. An employee meeting was scheduled for September 30 to discuss the proposed
changes to Personnel Manual with the employees as well as holding sexual harassment I
traUring. Twit made a motion to approve a sexual harassment training by the League Of
Cities, cost $75, and hold an employee meeting to promote team building.. The motion
was seconded by Niedenfuer.
Ayes: Hieme112', Loso, EMert, Niedenfuer, Twit. .
Nays: None. Motion carried. I
EHLERT: EMert gave a presentation on the proposed zoning c11~es in the moratoriL
area as wen as the current uses . He also discussed the Planning Commission's concerns 'of
being sensitive to the needs of the current use. Wetland areas and publicly used I
properties were discussed. The Planning Commission is also recommending to review all
zoning every five years. A public hearing will be held on September 29, 1997 on the .
proposed zoning changes. Twit moved to extend the tern¡ of the moratorium 30 days to
October 22; seconded by Loso.
Ayes: Hiemenz, Loso, EMert, Niedenfuer, Twit.
Nays: None. Motion carried.
Other planning issues to be considered by the Planning Commission will be addressing
buffers between different land use zones while reviewing the zoning ordinance.
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LOSO: 1) In the past St. Joseph Lab School has requested a drop off area. Mayor
Hiemenz indicated he and the Chief of Police had met with the Principal and will pursue
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2) Loso also questioned if a school zone speed could be imposed on the street by the Lab
School. Council discussed the ~tter and generally felt the issue would have to go before
the County because it is a County Road. .
3) The hockey rink will go about $800 over the budget in order to get the wiring for the I
lights installed. EMert was supportive of providing for this need. Twit could not support
using future years budget to fund the overage. Loso stated the hockey rink is not adequate
for use without lights.. Marge Kalla questioned the down sizing of the rink. Loso stated!
this was necessary to accommodate the ice skating rink. Twit ~de a motion to table th¿
matter until the next meeting to allow locating additional funding; seconded by Niedenfuer.
Ayes: Hiemenz, EMert, Niedenfuer, Twit.
Nays: Loso. Motion carried.
NIEDENFUER: John Scherer has agreed to assist in setting up the local Historical
Society as a tax exempt non-profit organization.
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DEPARTMENT HEADS REPORT: Fire Chief Dave Theisen reported on the cost to
move the radio tower to the new fire hall and the effect it will have on the City government
channel. The localgovernrnent and fITe channels are on the same antenna. He stated the
cost to the City to replace the antenna for the local government channel is $1,400 or'
September 18, 1997 Page 3209
$9,000 for the fire department antenna. Council will consider the matter at the next
meeting after reviewing possible ways of financing this un-budgeted cost :
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CLERK/ADMINISTRATOR REPORTS: 1) The League ofMinnes013 Cities will be
holding their Regional Meetings this fall in several areas. Ehlert trulde a motion to approve
the attendance of two people at a Regional Meeting, registration costs are $25; seconded
by Niedenfuer. .
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit
Nays: None. Motion carried.
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2) The CORE Committee is scheduling its first fall meeting. Notices will be sent soon.
3) The TOPS Club sent a thank you for their nse of the City Hall.
4) The Council generally agreed to allow the compost area to close at sundov,iD, now that
the days are shorter.
BUILDING OFFICIAL PROPOSAL: Mayor Hiemenz presented a propos.al úom Ron
A. Euteneuer for the position of Building Official. The Mayor had contacted five other
Building Officials but none of them returned a proposal. Euteneuer is supported by staff
and will provide monthly reports. He is requesting 75% of the building pennit fees as wen
as $45 for special inspections. Twit trulde a motion to accept the propos.al for Building
Official of Ron A. Euteneuer provided he executes an agreement ofterIns ·such as payment
and insurance requirements. The motion was seconded by mert. I
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit
Nays: None. Motion carried.
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DRIVEWAY DRAINAGE - LEANDER ZIPP: Joe Bettendorf discnssed his findings .
in review of Lee Zipp's driveway drainage problems. During construction of the East
Minnesota Street project, Zipp's driveway was trultched into with a panel that drains to the
street. His existing driveway is flat or has a slight back fall. Bettendorf recommended
reconstructing the approach to take care of the drainage problem as a part (jf the next street
construction project In addition to regrading the new driveway approach,· the panel that
has back fall on it will be removed and replaced. Removing and regrading the new
driveway would be a part of the East Minnesota Street project budget; removing and
replacing the panel that has back fall on it would be at Mr. Zipp's expense. Mr. Zipp
requested a time frame for the replacement of not more than a year. Twit made a motion
to replace the driveway approach and panel as discnssed, with the next street project If
the driveway project is not completed within a year, the trultter will come back to the
Council to expedite the project (Mr. Zipp was in agreement.) The motiO[l was seconded
by Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit
Nays: None. Motion carried.
City Engineer Joe Bettendorf also reported on the status of closing out the East Minnewta
Street project He stated there are still two places where the seed did not take in a
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September 18, 1997 Page 3 10
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restoration area. If it does not get re-seeded soort, the project will be carried over to next
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There have been questions on the depth of the manholes on the East !vIinnesota Street ¡
project. They were placed lower because they tend to rise.
The seeding on the Brian Klinefelter Memorial Park trail project is being done currently.
CABLE ACCESS CHANNEL: Steve Johnson of Mark Twain Cable Vision reported
the cable access equipment ftom the cable company is installed, up and running.
Todd Spychala and Dave Thomas presented and discussed portable equipment for
broadcasting on the cable access channel.
At 10:00 p.m. the Mayor extended the meeting.
Spychala stated the equipment is user mendly, showed how the cameras would be placed
and presentations be shown on monitors. He stated equipment could be added as needed.
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Steve Johnson and the Council discussed the need for timed VCR's. Spychala stated he I
could add them to the equipment. Council requested a proposal be prepared with the i
broadcast equipment necessary, including bulletin board broadcasting, as well as minimaJ1y
two VCR's with automatic replay.
The meeting was adjourned at 10:40 p.m. with a motion by Twit; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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Rachel Stapleton
Clerk! Administrator '
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