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HomeMy WebLinkAbout1998 [01] Jan 08 I I I Page 326() January 8, 1998 Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session on Thursday, January 8, 1998 at 7:00 p.m. 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: Bradley Meyer, Joel Bill, Mr. & Mrs. William Tallman, Chad Carlson, Steve Streng, Bob and Ellen Wahlstrom, Art Reber, Jim Graeve, MaIjorie Lesnick, Joe Braun, Dave Theisen, Dick Taufen. Paul Harrington. Mìchael Deniz, Doug Danielson. AGENDA: Losomade a motion to approve the agenda as changed; seconded by ~iedenfuer. Discussion - Twit expressed concern on changes in the agenda and Councilors not receiving all material relevant to agenda items with the agenda. He stated with a cut off Thursday before the meeting the maximum time bills would be held is 28 days. Ayes: Hicmenz, Loso, Ehlert, Niedenfuer, Twit Nays: None. Motion carried. NOISE VIOLATION HEARING - 121 ASH STREET EAST: Mayor Hiemenz called the hearing to order at 7: 14 p.rn. William Tallman, property owner, had not requested an evidentiary hearing and represented himself He told the Council of his expectations of his renters and to make them aware the concerns of the neighbors. Two of the renters were in attendance and stated they were not aware of the volume of noise emanating from their residence. Mayor Hiemenz asked the renters to address the statement from the police report "Don't open the door, they can't do anything." The renters in attendance stated the person that said that was not in attendance. Loso stated there is a history of complaints on this rental unit Tallman responded that he believed there were two violations in the 94-95 year with the last violation being May 1995. I I Niedenfuer questioned if the renters were aware of the noise ordinance, to which they responded they , , were. Tallman questioned the orange notification sign placed on the door discussing a second violation may result in license suspension or revocation. He was told the policy has been changed since the signs were printed although the signs get noticed as is the intent. Currently a first violation may result in a fine or license suspension or revocation. Ehlert discussed the lack of maintenance on the property, resulting in the City mowing the lawn. He stated that awareness of the need for property maintenance was raised during prior' years. Student renters have been encouraged to be good responsible neighbors by helping their neighbors. Twit questioned the Police Officers if the fuet that the door was not answered when they first knocked was a concern. Officer Meyer stated it was a concern, but no ticke!$ were issued. He stated the noise was not extremely bad. Ehlert made a motion to consider this violation a warning with an acknowledgment to the renters that any similar incident within one year will be dealt with more severely. Further. the property owner shall be required to reimburse the City for the administrative, police and legal costs incurred due to the complaint. The motion was seconded by Loso. Ayes: Hiemenz. Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Mayor Hiemenz closed the hearing at 7:32 p.m. Page 3261 JaII1I3IY 8. 1998 PUBLIC COMMENTS TO THE AGENDA: Ellen Wahlstrom wished to question one of the Mayor's appointments and Joe Braun wished to comment on them. Mayor Hiemenz stated comments would be allowed during that portion of the meeting. MINUTES: Loso made a motion to approve the minutes of December 16, 1997 "ith corrections to read as follows: I First page, paragraph 8: Lo8o made a motion to delay part of the Cloverdale area of the project as petitioned, (E<1St Able Street in the Cloverdale area and 8th Avenue SE, ). for one year, ~ to veriJYing the validity of IIbe petitiOIL 100 motion "115 seconded by Niedenfuer. Discussion - Lo8o generally felt the project should be carried ",ut as ¡nupv>ed but was sensitive to the wishes of the property owners and reacted to their petition by delaying tile Able Street and 8th Avenue SE portion of the Cloverdale area. When this portion is improved in a future year the costs may be higher. Sending an informational letter to the Cloverdale property owners explai11i1!g the status of the proposed improvement and requesting a response was discussed . Second page, paragraph 5: Lo8o made a motion to approve a resolution Ordering hnprovement and Preparation of Plans for the 1998 Street hnprovement Project, omitting the west half of the east-west alley in Block 9, Original Townsite, Able Street and 8th Avenue SE in the Cloverdale Addition area, and College Avenue North from Date Stre<t to the Railroad 1Iacks, after consideration of the feasibility report and information received at the public hearing, tJ!¡, project is necessary, cost effective and feasible. and December 18, 1997 underEDA Director report the offer was "$66,088 fOl"Lot I, Block I, of Roske Addition"; seconded by Niedeofuer. Upon call of the motion Twit alW;¡ined from the December 16 minutes and all voted aye for the December 18 minutes. CONSENT AGENDA: Loso made a motion to approve the consent agenda of execution of a Central Minnesota Initiative Fund $5,000 Grant for Industrial Pa1k Development; secollded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried I BILLS PAYABLE: Oerkl Administrator Rachel Stapleton presented the bills payable. After discIlssion of several bills. Loso made a motion to approve the bills payable check numbers 24938 through 25000; seconded by Ehlert. Ayes: Hiemenz. Loso, Ehlert, Niedenfuer. Twit. Nays: None. Motion carried Loso made a motion to transfer the cost of the St. Cloud Area Economic De'/elopment Partnership does from the Council budget designation to the Economic Development Authority lbudget designation; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer. Twit. Nays: None. Motion carried After review Niedenfuer made a motion to approve the call-oots and overtime '15 presented; seconded by Loso. Discussion - Overtime was cbimPrl for flooding the rinks at night. Mayor Hiemenz had requested maintenance flood the rinks at night, anticipating better retamage of the ice. The warm weather was causing problems. Ayes: Hiemenz. Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried MAYOR REPORTS: 1) At the last meeting there were questions on the attorney's bill concerning a contact with the Police Chief. Their discussion was concerning possible methods of controlling City costs when a Police Officer leaves employment with the City. after a short period of time. The Chiefwas advised that any change would require opening the Police Labor Contract. The Police Officers are DOt SIlpportive of opening the contract. I I I Page 3262 January 8, 1998 2) Mayor Hiemenz discussed upcoming seminars, (property tax, land use, and wetlands). ' I 3) The Central Minnesota Transportation Alliance has invited St. Joseph to be an active member. Ehlert made a motion to approve the annual dues of $50 to the Central Minnesota Transportation Alliance, with Mayor Hiemenz representing the City; seconded by Twit. Ayes: Hiemenz, Loso, EWert, Nìedenfuer, Twit. Nays: None. Motion carried MAYOR 1998 APPOINTMENTS: Mayor Hiemenz presented the 1998 appointments as follows and stated the Gerty Klapbake would be replace by Jim Graeve on the Planning Commission and Mary Niedenfuer would replace Cory Ehlert as the APO Council Representative on the full board. Acting Mayor Police Commissioner Ord. No. 21 Weed Control Commissioner Assistant Weed Commissioner Planning Commission 3 Year Term, 9 Member ComtT1ÎSSiOn 1998 - 2001 1997 - 2000 1998 - 2001 1997 - 2000 1998 - 2001 1996 - 1999 Ex Officio non voting member Ex Officio non voting member I Planning Commission Voting Liaison Joint Planning ~nd OAB Park Board 3 Year Term, T Member Board 1996 - 1999 1996 - 1999 1998 - 2001 1997 - 2000 1997 - 2000 1998 - 2001 Park Board Liaison Forester Building lnspector & Compliance Officer Assistant Building Inspector Rental Housing Inspector Assistant Rental Housing Inspector Fire Chief, Annual election, Council confirmed Ass! Fire Chief, Annual election, Council connrmed Fire Marshall Fire Advisory Board SJTS Appointment Emergency ServiCes Director Ord. No. 27 Safety Coordinator APO EXecutive Liaison APO Full Board I Steams County League of Cities Representative Health Board Ord. No. 26 3 Year Term, 3 MemberBoard 1998 - 2001 1996 -1999 1997 -.2000 Police Interview Board Ken Twit Mayor Hiemenz Mayor Hiemenz Mike Swol'Ski Hub Klein Kurt SChneider I S. Kathleen KalinowSki Marjorie Lesnick Jim Graeve Linda Sniezek City Engineer City Attorney Cory Ehlert Cory Ehlert Lonnie Abbott Joe Braun John Bonacci John Walz Marjorie Lesnick Charles Muske Cory Ehlert Mike Sworski Ron Euteneuer Alan Rassier Hub Klein Dave Theisen Frank Loso Dave Theisen Dave Theisen Bob Loso Rachel Stapleton Joe Bechtold Bob Loso Bob Loso Mayor Hiemenz Mayor Hiemenz Planning Chair, Hub K ein ¡ Mary Niedenfuer Mayor Hiemenz Mary Niedenfuer Thomas Newton MD Ross Rieke Ken Twit Brad Lindgren Official Newspaper Official Depositories Investment Advisory Board Historian CORE Committee Personnel Committee Hiring Committee Star City Commission 9 MemberCommis-. 1996 - 1999 1996 - 1999 1996 - 1999 1998 - 2001 1998 - 2001 Ex 0IIici0 - Admin Ex 0IIici0 - Cty Com Dist 3 Ex 0IIici0 St. Cloud Area Economic Partnership Alternate St. Cloud Economic Partnership Economic Development Authority 5 Member Authority 1997 - 2003 1997 - 2002 1997 - 2001 1997 - 2000 1997 - 1999 Properties Number Official Orc!. No. 31 Cable Commission 2 Yeer Term. 3 Member Commissíon 1997 - 1999 St. Cloud Area Planning District Board Central MN Center Study Task Force Page 3263 January 8. 1998 Mayor Hiemenz Donald "Bud" Reber Mike Loso Cory Ehlert St. Cloud Times I 1st State Bank of St. Joseph Zapp Bank Smith Barney SheafSOn Prudential Securities Dain Bosworth Ken Twit Duane Sorenson Rachel Stapleton Ken Kuebelbeck Mary Niedenfuer Rachel Stapleton Brad Undgren Cory Ehlert Ken Twit Mayor Hiemenz Bob Loso Ken Twit Cory Ehlert Mary Niedenfuer Cory Ehlert Greg Reinhart Bob Krebsbach S. Andre Marthaler Duane Sorenson UMa Sniezek Judy Weyrens Rose Arnold Dir State of MN Job Service Chad Cartson Mayor Hiemenz Mayor Hiernenz Ken Twit Ross Rieke Bruce Gohman Mike Deutz City Engineer Ray Loehlein I Mayor Hiemenz Alternate, Mary Niedenfuer Cory Ehlert NOTE: All terms ere one yeer unless nated otherwise. Three (3) yeerterms begn Janu8l}' and end in January of cited year. Mayor Hiemenz stated he received 7 applications for the Planning Commission. Ellen Wahlstrom stated her concerns were alleviated with the change to the PI.nning Commission appointment. Her concerns were in appointing another Realtor on the Commission (which would have made making three Realtors on the Commission. She also complimented the current Planning Commission stating it is an effective board. I I i I Page 326<! . January 8, 1998 Mayor Hiemenz stated since no applications were received for the Park Board, he Contacted previous applicants, John Walz, Jon Bonacci. and Charles Muskiec On Joe Braun's questioning if they are all residents of the City, Mayor Hiemenz indicated fie understood they are. Braun also recommended contacting the Park Board for persons interested in serving. Marjorie Lesnick recommended more input, assistance and recommendations from the various Boards and Commissions on appointments to their respective boards. She stated persons interested in serving have contacted the Park Board Mayor Hiemenz stated-he is making appointments as they are suppose to be done, not as past practice. Mayor Hiemenz stated no applications for the Cable Commission were received, although there are some interested persons. This will be a totally citizen committee with appointments being brought to the Council in the future. Joe Braun stated the Park Board recommended to keep Bob Loso as Council Liaison. Mayor Hiemenz stated he is making a change. Loso made a motion to approve the 1998 appointments; seconded by EWert. Ayes: Hiemenz. Loso, EWert. Niedenfuer, Twit. Nays: None. Motion carried. COUNCIL REPORTS I TWIT: I) The Personnel Committee met recently with the Maintenance Department individually on updating job deSicriptions. The employees expressed gratitude for being brought into this process. ì 2) A proposal for wage and benefit increases for 1998 for the non-œntract employees will be presented at the next Council meeting. On Loso asking if the Pay Equity issue has been addressed, Twit indicated it will be addressed in the forthcoming proposal. EHLERT: I) The Planning Commission recommended approval of the PreIiminaIy Plat of North Park Third Addition, Marie Lambert. (fonner railroad property adjacent to the railroad tracks). Lambert addressed pertinent issues including ingress, egress. easements and proof of ownership. On Mayor Hiemenz'sasking if the emergency siren could be moved, Loso indicated it could although there would relocation costs involved including wiring and other costs. 2) The Planning Commission approved MCO's building pemút for a sizable expansion. 3) Pond View Ridge developers are moving forth with plans on Phase 5 on the property located near Minnesota Street. There are proposing a PURD for the area to include a mix of homes including condos or patio homes. The City of Sartell recently did a study to determine the break even point between the taxes derived from the property and cost of services, on the value of residential homes. Mayor Hiemenz suggested the university students may be doing such a study, through Ernie Dedrich'sprogram. I 4) EWert discussed proposed funding (mainly through sales tax and grants) and presented a Resolution proposed by the Central Minnesota Events Center Committee supporting the Events Center project and funding mechanisms. Niedenfuer made a motion to accept the resolution as presented; seconded by Ehlert. Discussion - Twit recommended the resolution be put on the agenda and questioned if passage would financially obligate the City ill St. Joseph. EWert responded that the resolution is of support, but would not tie the City to financial obligations. i EWert made a motion to table the matter to the next meeting; seconded by Niedenfuer. Ayes: Hiemenz. Loso. EWert, Niedenfuer, Twit. Nays: None. Motion carried. Page 3265 January 8. 1998 LOSO: 1) No report. NIEDENFUER: 1) Niedenfuer and Stapleton completed the street lighting study which will be presenting a written report for the Council and CORE. 2) Some truck route signage has been installed but a few more signs are needed. Niedenfuer "ill be contacting County officials. Ellen Wahlstrom suggested the Council consider sending a Planning Commission member to the seminar sponsored by Rinlre-Noonan. Richard Taufen as a concerned citizen asked how 2'"' Avenue, a City street, became a truck route. Niedenfuer stated it was before her term, but felt it was to direct traffic off the main street Jim Graeve stated he had asked County officials for a by pass on Minnesota Street to alle>'iate traffic for the elementary students. CLERKlADMINISTRATORREPORTS: 1) A report was received from th,~ St. Cloud Optimist Club on the use of their gambling proceeds from their license at Hollander's Liquor Store. 2) Eileen Hemmesch sent a letter of concern on the assessment formula for street improvements. Her property is on Tenth Avenue SE, part of the 1998 Street lmprovement project. A letter of response was prepared in response. 3) The legal fees the City incurred for the Preliminary Plat of North Parle T!rird Addition have become substantial. Normal1y this issue is dealt with in the developers agreement, but deve10pment of this property is not proposed The Council will review the matter along with consideration of the Preliminary Plat at the next meeting. EDA DIRECTOR REPORTS: EDA Director Chad Carlson 1) requested to ",move from the agenda the Industrial Park proposal from the agenda, for presentation to the EDA Board first. 2) The County sent a packet of Right-of-Way acquisition material for getting tile process started for the realignmeut of County Road 133. Joe Bettendorf is preparing maps showing liDO foot right-of-way. On Jim Graeve's questioning the need for 100 foot right-of-way, Mayor Hiemenz stated it is a County requirement. 3) Carlson reported his office is a liability issue concerning ADA standards. He quiestioned ifhe coIÙd move to the main level of the City Hall Annex building or get a budget for offil:e rental. After short discussion loso made a motion to allow Carlson to move his office into the main level of the City office building (City Hall Annex); seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 4) On Ehlert's asking the current situation with St. Cloud Cartographies, Carlson reported they are working with Sank: Rapids now. Carlson indicated he had looked at some sites with the business owner. 5) Carlson also reported the Bee Line expansion is now moving, as well as Schroeder Sports (slowJy). ANTENNA PROPOSAL FOR WATER TOWER FROM US SPRINT: Paul Harrington, representing US Sprint discussed a proposal to install wireless telecommunications antenna:fucility on the City Water Tower. His company requested to do a structural analysis and work with City staff and officials to negotiate a lease agreement. Testing would be done to correct any frequency interfurence. Escrow could be established to cover consulting fees. The structures would be attached to t:h~ neck of the water tower I I I I Page 3266 January 8, 1998 and painted to match. He stated they would request an initial five year lease with four - five year options for renewal. Niedenfuer made a motion to allow representatives of US Sprint to work with the Mayor, CleIklAdministrator and Director of Public Works as requested; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. LOT SPLIT OF ST. JOSEPH PARISH "BRANCH" PROPERTY FROM ADJOINING PROPERTY: Doug Danielson representing St. Joseph Parish, presented the request of St. Joseph Parish to split the branch from the adjoining property which includes the cemetery. After short discussion Loso made a motion to approve the lot split as requested, separating the "Branch" (.71 Acres); seconded by Niedenfuer. ! Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. , i CABLE ACCESS POLICIES AND PROCEDURES: Mayor Hiemenz reported he has recently received i additional infonnation (including sample polices and procedures) from Mark Twain Cable Manager Steve Johnson. He would lilœ to incorporate parts of it into the City's proposed Cable Access Policies and Procedures to allow certain types of advertising. Loso stated the Cable Commission had strong concerns on advertising allowances. Mayor Hiemenz also indicated he had been in contact with Rudy Vigil and could move forward in getting the system running again. APPLICATION FOR PAYMENT - W. GOHMAN FOR FIRE STATION: Fire Chief Dave Theisen discussed Application for Payment No.9 to W. Gohman Construction Co. of $52,221, including a reduction of the escrow retainage to $7,500. I Theisen further discussed the Council authorizing holding a payment to W. Gohman in December upon Theisen's request due to little effort in the punch list being satisfied. On Stapleton's asking for a paper trail (stating the reason for withholding payment because of contract requirements) Theisen prepared a letter to Gohman Construction. After discussion of the reduced escrow, status of the 147 item punch list, and loose ends, Twit made a motion to approve the Application for Payment No. 9 to W. Gohman Construction Co. of $44, n1, including a reduction of the escrow retainage to $15,000 as amended, leaving a balance to finish including retainage of $24,394; seconded by Loso. Discussion - Theisen stated the Fire Department moved into the building on November 4, 1997 and some of the punch list is warranty work. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried.. Mayor Hiemenz extended the meeting at 10:00 p.m. HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE 55 AMENDMENT: After short discussion Loso made a motion to approve the amendment as presented; seconded by Niedenfuer. Discussion - Mike Deutz stated the Landlords' Association is in the process of preparing a recommendation for the proposed Ordinance III - Public Nnisances and requested the COuncil give them time to review aud possibly make a recommendation on this ordinance also. Loso withdrew his motion with the requirement to resolve the issues on both ordinances within 30 days. This is to be considered a friendly change. The withdraw was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I OTHER MATTERS OF CONCERN: 1) Niedenfuer suggested a closed meeting with the City Attorney would be in order to discuss the recent confidential matters. Mayor Hiemenz will contact the City Attorney. 2) Mayor Hiemenz proposed to have the Building Official do an appraisal for consideration of purchase on the old bank building at 23 Minnesota Street West and the Roth property located at 315 Minnesota Street j Page 3267 JanuaIy 8, 1998 East (a4jacent to the Roske Addition). There was discussion of funding SOOTCef~ other p1uperties which should also be considered, and the purpose of the appraisal is a basis for nego1iation. I The Council discussed nsing the City Assessors estimate of value on the properties and generally agreed to review them. Mayor Hiemenz will contact the City Assessor for such ..,.t~m~n't of property values and present them to the Council. If the Council is comfortable with the Assessor's values, the Council will consider offers on the properties. Twit made a motion to a<ljourn at 10:25 p.m.; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. ~~~~ Clerl<l Administrator I I