HomeMy WebLinkAbout1998 [04] Apr 02
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Page 3297.
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April 2, 199&
Pursuant to due call -and notice thereof the City Council for the City of St. Joseph met in regular
session on Thursday, April 2, 1998 at 7:00 p.m. in City Hall.
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MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary
Niedenfuer, Ken Twit. Clerk/Administrator Rachel Stapleton. !
OTHERS PRESENT: Judy Weyrens, Jim Marthaler, Bradley Lindgren, Richard Taufen, Tony
Sjogren, Gary Berg, Steve Dehler, Meredith Lindrud, Marvin Klug, Elvin Schmidt, Charles F.
Reichensperger, Jim Graeve.
Mayor Hiemenz called the meeting to order at 7:00 p.m. with aU Councilors present.
AGENDA: Twit made a motion to approve the agenda; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. I
Nays: None. Motion carried.
MINUTES: Loso made a motion to approve the minutes of the March 19, 1998 meeting with the
following additions and corrections; seconded by Niedenfuer.
Page 1 - Under the "BILLS PAYABLE, CALLOUTS AND OVERTIME" section: at end of
first paragraph following "After short discussion Council felt the current agreement
should be enforced: Include "A memo will be sent to Department Heads prior to each
scheduled change in fuel supplier:
Page 2 - Paragraph 8, line 2, change to Mayor "Hiemenz" stated thè conditions.....
Page 3 - paragraph 5 - Change to "Although the existing building houses ten residents, a
maximum of six are proposed for the new building. ......... He will have eighttoten
parking stalls, which will accommodate the six residential renters, but will be about eight
parking stalls short for the proposed total combined use of the prop¡;rty:
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Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
CONSENT AGENDA: Loso made a motion to approve the consent agenda -as follows;
seconded by Niedenfuer.
a. Annual Planning Institute - The Basics, April 18, St. Cloud; and Annual Planning
Institute - Beyond the Basics, April 30, St. Cloud. Combined attendance of up to six
members of the Planning CommiSSion approved for both sessions. The Council deferred
to the Planning Commission to determine which members shall attend each sessions.
b. CSB Outdoor Liquor and Entertainment License - A Capella Festival June 13 - 14. i
Twit questioned the two day event ending at 11 :00 p.m. on the first day. Sjogren stated
the music on the main stage would end at 9:00 p.m. and the concert would end at 5:30
p.m. on the second day.
c-. Declare Chevrolet Squad surplus property and dispose of such at the City auction.
d. Wastewater Capital Outlay requests: Purchase two gas monitors at $1,500 each;
replace two dialers at $1,300 each; installation of cement pad $1,000; upgrade fuel
storage tanks $771.04; purchase 21 inch Lawn Boy mower $329.99. 'Marthaler stated
the concrete pad would replace an existing one that is in poor condition. The majority of
the replacement work would be done by the City employees. I
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Page 3298
Apri12, 199&
BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable. After discussion
Twit made a motion to approve the bills payable as presented check numbers 25254 - 25293;
seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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OVERTIME AND CALLOUTS: Ehlert discussed implementing a policy to allow employee
vacation time as it is accrued with the regular pay periods. The Council discussed the impact
this would have on vacation balances and impact on carryover amounts.
Mayor Hiemenz stated he understood the Personnel Committee will be ~equesting a working
meeting to discuss changes to the Personnel Policies.
Twit made a motion to approve the overtime and callouts and to implement a policy awarding
employee vacation time as it accrues effective January 1, 1998; seconded by Niedenfuer.
Discussion - Ehlert recommended the Council review the effect of the pollicy change some time
during the year. Loso discussed the financial and vacation impact this would have in the year it
is implemented. Ehlert felt the impact should be reviewed at specific intlerim's; with Twit
recommending extending the impact over two years. Mayor Hiemenz st;ated the system is a
good workable system once it is implemented. He recommended Weyn¡¡ns calculate the
employee balances and the Personnel Committee prepare a proposal for carryover balances
over the next two years. On discussion of the comp time request of the IEDA Director, Mayor
Hiemenz clarified the EDA Director is a salaried position with comp time and approval is by the
EDA Board,
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
PUBLIC COMMENTS TO THE AGENDA: Steve Dehler discussed the ¡proposal for changes to
the levy limits and his position on levy limits.
Dehler also discussed a parking allowance issue that was brought to the Council at the last
meeting. He stated he cannot allow his business to be jeopardized by (the request to forgive)
parking requirements of adjacent businesses.
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In the legislature the Events Center bill is included in the bonding bill, currently about $800,000 is
allocated to the Events Center (for planning). He further discussed the s~atus of the bonding bill.
Niedenfuer discussed the need to provide for public education.
CHIEF OF POLICE BRADLEY LINDGREN REPORTS: 1) The Administration of both 51. John's
and St. Ben's have agreed to each provide $250 for the Community Grant local match. Lindgren
stated the Student Senates of both schools are considering matching thE¡ funding as well.
2) The surplus squad car (to be sold at the City auction) will be needed ;and used by the City
until the new squad car arrives. The surplus squad will be sold with a stipulation that it will
essentially be in similar condition when released to the buyer.
3) Chief Lindgren discussed holding impounded cars in secure storage (the old Fire Hall) which
will allow collection of impound fees. Council agreed to store impounded cars in the Fire Hall.
4) Chief Lindgren recommended removing Officer Joel Bill's probationary status, being confident
with with his ability and job performance. Officer Bill was hired as a veteran øfficer and has been
employed with the City for six months. Lindgren will prepare a documer~ stating such
recommendation. Loso made a motion to remove Officer Joel Bill's probationary status as
recommended; seconded by Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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Page 3299
, April2,1998
5) The Annual Police Report was presented by Chief Lindgren. The Counèil discussed the i
increase or decrease in the number of various incidents, including alcohol related incidents. i
Noise violations were discussed, with Lindgren relating if the landlord or resident calls asking for i
assistance, the incident is considered an assist, rather than a noise violation against the property
owner.
Mayor Hiemenz indicated being impressed with Officer Meyer's report on the Community
Policing Program. ]
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1998 STREET IMPROVEMENT PROJECT: Loso made a motion to approve the following
resolution: The City of St. Joseph agrees to respond to any and all complaints that may arise
regarding the patch to be installed in the roadway surface of College Avenue North, between
Minnesota Street and Ash Street, after the storm sewer (which will service the alley on the west
side of College Avenue) has been installed, and further agrees to make any repairs that may be
required to maintain a satisfactory driving surface at the location of the patch. The motion was
seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Ehlert discussed the schedule for setting the assessments to property owners on the project
area. Normally assessments amounts are determined after bids are accepted, and an
assessment hearing is then scheduled. Ehlert indicated the residents on the project area are
interested in their assessment amounts.
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VARIANCE TO ALLOW AMATEUR RADIO TOWER: The Council considered the Planning
Commission's recommendations to allow a variance for an amateur radio tower at Meredith
Lindrud's residence in Pond View Ridge. Mayor Hiemenz stated the Planning Commission held
a hearing on the matter and further information shall not be received at this time. Mayor
Hiemenz read the Resolution of Findings of the Planning Commission. Lindrud is willing to
move the tower to the west side of the building, and will not raise the tower greater than 40 feet.
The Council discussed Lindrud's role in emergency waming situations.
Loso made a motion to accept the Planning Commission's Resolution of Findings with
recommendations as follows; seconded by Niedenfuer.
RESOLUTION OF FINDINGS
The request of Meredith Lindrud for a variance request came before the Planning Commission at
a public hearing held on March 2, 1998 and March 16, 1998. The purpose ofthe hearing is to
consider the following variances: Side Yard -73.5'; Rear Yard -17.5'; Front Yard 8.50'. St.
JoseDh Code of Ordinances No. 36 states: "All towers shall be set back from property lines a
minimum of 125% ofthe height ofthe tower, including all antennas and attachments.
Further a fIVe (5) foot variance is being requested on the height of the tower. St. JoseDh Code of,
Ordinances No. 36 defines Amateur Radio and Television Towers as: "A tower used exclusively ¡
for transmission and reception by an amateur radio operator, which is located on the same
property as the radio or for residential television reception, and does not exceed 40 feet in
height.
The proposed tower is 45' in height with an antenna extending an additional 25'. Based on the
total height (70) St. JoseDh Code of Ordinances No. 36 requires an 87.50' foot setback from all
property lines. The property is legally described as: Lot 003; Block 003 Pond View Ridge IV.
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Notice of this matter was duly served and published.
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In consideration of the information presented to the Planning Commission ànd its application to
the Comprehensive Plan and Ordinances of the City of St. Joseph, the PlailOing Commission
makes the following findings:
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April 2, 199&
1. SI. Joseph Code of Ordinances 52.7 subd 2(e): That the condition or situation of a
specific piece of property, or the intended use of said property, forwllich the
variance was sought, is not of so general nature or recurrent nature as to make
reasonably practicable the formulation of a general regulation for such conditions or
a situation.
FlNDNG: The minimum setbaclc requirements of Ordinance No. 36 cannot
be met by any single family lot The request to construct a tower for
emergency services does not appear, (in the opinion of the Planning
Commission), to be of a general nature.
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2. St. Joseph Code of Ordinances 52.7 subd 2(d) That the proposed variance will not
impair an adequate supply of light and air to adjacent property, or diminish or impair
established property values within the surrounding area, or in any other respect
impair the public health, safety, or welfare of the residents of the City.
FINDING: The variance request would enhance the safety of the residents
of St Joseph as the intended use for the tower is to provide emergency
services, a public safety act.
Approval is based on the following contingencies:
1. The tower shall not exceed 40 feet in height, excluding any !lttachments or antennas
The property owner has agreed to waive the variance request on the tower height,
reducing the tower from 45 feet to 40 feet, the maximum height allowed under
Ordinance No. 36.
2. The tower shall be located on the west side of the applicant's dwelling to lessen the
visual impact of the tower.
3. The outside limit of all antennas or attachments cannot exceed ten (10) feet in
aggregate.
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Loso discussed allowable windload and the related size and length of the¡ antenna extensions;
Twit discussed resident concems and relation of the benefit of the emergency service to the
hobby aspect of the equipment.
Vote on the motion to accept the findings:
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer.
Nays: Twit. Motion carried.
MAYORS REPORT: 1) st. Cloud City Councilor Sonja Berg called the Mayor inviting the
Council to a Speakout on Race Relations to be held in the Waite Park City Hall at 6:00 p.m. April
23. Loso made a motion to approve the attendance of all members of the Council who may wish
to attend the event, and to have the event posted as a meeting (to provide for the requirements
of the open meeting law); seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
2) The Mayor met with representatives of st. Benedict's Monastery conceming their
development plans. He expects to be consulted as they continue with their development plan.
The Monastery wishes to work with the City during the planning process, to develop in a maner
consistent with the City's development plan.
3) The St. Cloud Joint Powers Committee is in the process of selecting a consultant to the
planning process. The consultant is expected to be selected soon.
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Page 3301
April 2, 1998
4) The City and Township received a plaque at the Fire Station open house March 29 and the
City presented a plaque to the Fire Department as well. !
5) The Mayor attended the Govemor's Forum.
6) The City ha& been offered the Lymann Hull property by the maintenance shOp. John Scherer
recommended working out a proposal to bring back to the Council for consideration. It does not
appear as if development of the property is likely due in part to a high water table. Mayor
Hiemenz indicated, in his opinion, this would be a good location for a proposed impound lot as
well as snow storage in the winter.
7) An easement document for the emergency siren on the railroad property, received from Mark
Lambert was not acceptable.
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8) There will be an airport disaster drill training on May 21. Preparation classes on incident
command aviation disaster will be held April 14, 15 or 16 for interested local officials will be held
Anyone interested needs to pre-register by April 1 O.
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9) Mayor Hiemenz proposed holding a public informational meeting on building needs for the
City in order to receive input from the public on what they expect, and quiet inaccurate
information being discussed. The Task Force then could use the information from this meeting in
their planning process. Financial Planner Monte Eastvold will be invited.
Mayor Hiemenz also indicated there is a big leak in the roof of the old Fire Hall building again.
Loso questioned the value of a public meeting before the task force is prepared to present
proposals. Mayor Hiemenz stated it is his intention to receive input at the beginning of the
planning process. Twit felt the general public would be more interested in their costs of the
project rather than the planning process.
Mayor Hiemenz is interested in gathering information on what the people want in order to plan in
phases to meet all the needs.
Niedenfuer felt it is important to address current concems of the public and address these
concems. She stated there are questions why the City Complex was not built with the Fire Hall.
She further stated the Task Force has asked Chad Carlson to get plans from several architects.
Ehlert stated the public has the right to give input on building needs.
Twit made a motion to hold a public informational meeting at 7:00 p.m. Ap(ÎI13 at the Fire
Station; seconded by Ehlert. Discussion - Only input will be received at that meeting. There will
be no decisions made. Advertising must be done as soon as possible through available means.
It was felt the Building Official should be at the meeting, also.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
COUNCILORS REPORT
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NIEDENFUER: 1) An APO meeting was held recently with discussion on the 2020
Transportation Plan, the bike and roadway plans, as well as Mississippi River area plans.
2) CORE meeting was held recently with a:¡~lection of a recipient of the 1998 Brian Klinefelter
Community.service Award to be presentE¡.~,I\Q'il,ia at Haehn Campus Center. VISTO, a college
service organization, will be working with CORe 'on preparation of this ceremony. .. .
3) Niedenfuer is working on a self defense class for women and children, using certified
instructors. !
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Apri12, 199&
4) A Kids safety program is also being planned. Niedenfuer has been wo1rking with Kennedy
Elementary in setting up this program targeting Kid Stop kids. She will also be working with the
Lab School to bring those kids into the program.
S) Niedenfuer's next community meeting will be held at the American LE!!ion on April 25 at 1 pm.
6) Niedenfuer requested to attend a Municipal Finance Workshop will be held in St. Cloud on
April 29. Ehlert made a motion to approve up to two Councilor's to attend the workshop,
registration $45 each; seconded by Twit. Discussion - Loso discussed thle costs of training and
budget level. Ehlert discussed the importance of education and training.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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LOSO: 1) The Committee for reviewing and recommending the proposed "Disorderly House
Ordinance" and an "Amendment to Ordinance 55 Housing, Maintenance, and Occupancy
Ordinance" met and have prepared recommendations for the City Attomøy to prepare
documents. The proposal is anticipated to be brought to the Council in May. The Landlords do
not wish to be accountable for the first noise violation, feeling the renters should be given
corresponding citations. The Landlords also wish to be on the City refuse contract with billing
through the City water billing system. They also feel the Resolution requiring the landlord
appear before the Council at a hearing on the first noise violation, be included in the Rental
Housing Ordinance.
They also discussed the various levels of criminal violations and associated penalties.
Twit added - The major point of the Landlords is noise violations or any c:itations should be given
to the renters. They requested the City consider revoking rental license only after three
violations. They also desired higher fines for higher degrees of offenses by the renters and zero
tolerance.
EHLERT: 1) The employment program for summer workers through St. John's University has
been very successful. There is more demand for employees now, and therefore less available
workers for our City. This year we will only be allotted 40 hours per weel,. Ehlert will work with
Richard Taufen to obtain needed summer maintenance employees.
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2) A Task Force of Pat Schneider, MaJjorie Lesnick, Jim Marthaler, Ron Euteneuer, Cory Ehlert
and one of the Ophoven's has been established to proceed with the planning process for
bathrooms at Memorial Ballpark. The Lions Club have committed some funds to this project and
Ehlert will work with them as well as other local organizations for funding. The Task Force
intends to finalize the plans and determine anticipated costs as well as getting bids for the
project.
3) Ehlert attended the Open House at the St. Joseph Community Fire Station, and received an
award for the City and Township from the Masonery Association. Ehlert also had a plaque
prepared honoring those individuals involved in the Fire Station construction project which he
presented to the Fire Department.
4) The Joint Planning Committee of the City and Township will meet at :B:oo p.m. April 20. City
members are MaJjorie Lesnick, Kathleen Kalinowski, Kurt Schneider and! Cory Ehlert. County
Commissioner Rose Amold will also attend.
TWIT: 1) The EDA meets April 13 at 8:00 a.m. in the City Hall.
2) The St. Joseph Community Fire Station Open House was extremely successful. Breakfast
was served to about 900 to 950' people. The Firefighters conducted tours of the Station.
Comments received were mainly positive, people being impressed with Ilhe facility. Those
desiring to use the meeting room were directed to make reservations through the City Offices.
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April 2, 1998
DIRECTOR OF PUBLIC WORKS REPORTS: Taufen presented a list of surplus items to be i
placed on the City auction. He stated plans are to include these items with the County Auction
on April 25 at the County ShOp. Niedenfuer and Ehlert felt the bikes should be offered to the
community people first. After further discussion Loso made a motion to allow Taufen to arrange
for sale of the bikes in st. Joseph prior to the County Auction; seconded by Niedenfuer.
Discussion - Any bikes not sold through these means will be taken to the County Auction.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
CLERK/ADMINISTRATOR REPORTS: 1) The St. Joseph Lion's wish to hold a running race on
the 3'" of July again this year. They intend to use the Fire Station as a starting and ending point
with ttle route to be similar as last year. After short discussion Niedenfuer made a motion to
approve the Lion's proposal; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
2) A motion is needed to decrease the cost of dog licenses during the promotional clinic as
discussed at the last meeting. After short discussion Loso made a motion to set the dog license
fees at $7.00 at the promotional clinic; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
After further discussion of concems of those who have already paid for a current license; Ehlert
made a motion to establish the cost of dog licenses at $7.00 until after the dog clinic and refund
$3.00 to those who inquire ~nd have purchased a dog license prior to the clinic; seconded by
Twit.
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Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
3) stapleton presented incident/complaints received from Taufen on snow removal problems and
a request to plant trees on CitylTownShip property. After discussion Niedenfuer made a motion
to allow Charles Fuchs to plant Pine trees on the CitylTownship owned wedge of property on the
east side of Fourth Avenue NE and Minnesota Street, adjacent to his property. This motion is
contingent that the City assumes no liability and reserves the right to have the trees removed if
necessary; seconded by Ehlert. Discussion - Twit stated this matter was not on the agenda and
should not be acted on.
Twit made a motion to table the matter to the next meeting; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Twit.
Nays: Niedenfuer. Motion carried.
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4) Grooters Leapaldt Tideman are holding a 'Creating a Community Center'- seminar on April 24
in Waite Park City Hall for anyone interested. Response needed by April 6, with cost of ~35
each. No Councilors were available to attend.
Mayor Hiemenz extended the meeting at 10:00 p.m.
MISCELLANEOUS OR ANNOUNCEMENT ITEMS: 1) Mayor Hiemenz stated a preliminary pay
equity report was filed with the State that will put the City in compliance if it is accepted. Twit
stated the Personnel Committee was not informed and felt the Council should see the draft
proposal due to their extensive involvement in this issue.
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Loso made a motion to adjoum at 10:10 p.m.; seconded by Twit.
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Rachel Stapleton
Clerk/Administrator
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