HomeMy WebLinkAbout1998 [09] Sep 17
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Page 3392
September 17, 1998
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Pursuant to due notice and call thereof, the City Council for the City of St. Joseph met in regular
session on Thursday, September 17, 1998 at 7;00 P.M. in City Hall.
MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob loso, Cory Ehlert, Mary
Niedenfuer, Kelt Twit. Clerk/Administrator Rachel Stapleton.
OTHERS PRESENT: Joe Bettendorf, Steve Streng, Mark Zimmer, Hubert Klein, Art Reber, Gary
Heltemes, Shari Claire, Lou Krebsbach, Chuck Potter, Art Schloemer, Jack Pelzer.
AGENDA: Loso made a motion to approve the agenda; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
CONSENT AGENDA: Mayor Hiemenz presented the consent agenda items as follows:
a) Outdoor Liquor Permit - LaPlayette, event begins at 8:00 PM October 1, to 12:00
midnight October 3
b) Exemption from Gambling License - Holdingford Women of Today for Event to be held
October 23, 1998 at the EI Paso Club
c) Exemption from Gambling License - St. Joseph Parish Mardi Gras, February 14, 1999
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Loso made a motion to approve the Consent Agenda with an allowance for discussion on the
Outdoor Liquor permit; seconded by Twit. Discussion - Mark Zimmer stated all the elements of
the past years requirements will be met. In addition he is requesting to use the permit on
Thursday as the tent will be ready. The bands on Thursday will be SJU bands with old time
music on Friday and Saturday (Bob Brenny Band).. After discussion that the ordinance allowing
outdoor liquor has a 48 hour limitation Loso made a motion to allow two 48 hour permits and
waive the second pennit fee, because they are to be used consecutively for a single weekend,
and on the basis of actual hours of liquor service will not'exœed 48 hours. Twit seconded the
motion and clarified that the permits will only be exercised for three evenings.
Ayes: Hiemenz, Loso, Ehlert, TWit.
Nays: Niedenfuer. Motion carried.
Zimmer asked for and received clarification that only one permit fee will be charged for the three
day event.
Mayor Hiemenz called for a vote on the consent agenda.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
MINUTES: Mayor Hiemenz requested the Council concurred that the Task Force minutes of
August 25 will be considered at a later date for a revision on page 3. í
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Twit discussed the August 20, 1998 minutes. He stated the Post Office regulations are, and the
minutes should read that "anyone living within Y. mile radius of the Post Office who is not on a
rural route is entitled to free mail delivery." He further discussed that the St. Joseph Post Office
has designated that all streets are on a rural route. Loso made a motion to approve the August
20, 1998 minutes with the above clarification; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Twit made a motion to approve the September 2, 1998 minutes as presented; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Twit made a motion to accept the September 3, 1998 minutes as presented; seconded by Ehlert.
Page 3393
September 17, 1998
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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BILLS PAYABLE: Stapleton presented the bills payable. Loso made a motion to approve the
bills payable check numbers 25876 - 25926;seconded by Ehlert. Discussion - Review check
number 25922 and inform the Council via memo if the amount is all tire nepair.
Ayes: Hiemenz, Loso, Ehlert. Niedenfuer, Twit.
Nays: None. Motion carried.
Twit made a motion to approve the callouts and overtime as presented; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
PUBLIC COMMENTS TO THE AGENDA: Hubert Klein asked if the Council had given further
thought to controlling parking by the Campus Villa Apartments. Mayor Hiiemenz indicated the
Council had approved 90 minute tow away parking with proper signing in that area.
Art Reber expressed concem about the level of noise, noise ordinance enforcement and the
police policy in enforcing the noise ordinance. On Niedenfuer's asking if the Police are able to
enforce the ordinance without a complaint, Mayor Hiemenz and Twit agmed that the Police could
initiate response. Reber also discussed the loud noise Harley motor cycles and Jake Braking.
Ehlert concurred, stating it is impossible to visit outside in the vicinity of Highway 75 during high
traffic ~mes.
Reber discussed the high volume and speed of alley traffic and associatl;¡d problems. Mayor
Hiemenz stated checking could be done to see if there is a need to put signs in the alley for
control. Loso stated a directive should be sent to the Police Chief to have' the Police Department
assist in noise control methods including ticketing offenders.
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Ehlert indicated the need to look into Jake brake controls through ordinance, and stated he will
gather information and report to the Council. Loso felt the whole 51. Cloud community would
benefit by having the same ordinance, and perlhaps this should be a County matter.
AUDITORS' PROPOSAL FOR 1998 AUDIT: There was a short discussion ofthe auditors
proposal. Mayor Hiemenz stated that Council members may be present during the preliminary
presentation and ask questions of the auditors during the audit process. Loso made a motion to
accept the proposal of Kem, DeWenter, Viere, Ud. for the fiscal 1998 audit as presented on an
hourly rate basis not to exceed $7,595; seconded by Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
PUBLIC HEARING ON ALLEY VACATION PETITION: The Council held a public hearing to
consider a petition to vacate the north-south alley of Loso's 5th Addition located between Second
Avenue NE and Third Avenue NE. Stapleton discussed the location of the platted alley indicating
it is an undeveloped alley. After short Council discussion, Niedenfuer asl~ed if there were any
public 'Comments. Being none Twit made a motion to approve a resolution that it is in the public
interest to vacate the north-south alley of Loso's 5th Addition located between Second Avenue NE
and Third Avenue NE. The motion was seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
LOT SPLIT REQUEST - LOT 14, BLOCK 10 ORIGINAL TOWNSITE: Lou Krebst>ach,
representing Triple K Partnership LLP appeared before the Council to discuss re-configuration of
property owned by Triple K Partnership. Krebsbach is requesting a lot split of a single previously
platted lot as allowed by City Ordinance. Ehlert discussed the findings of the Planning
Commission. Loso made a motion to accept the recommendations of the Planning Commission
as follows and approve the lot split as requested. The motion was seconded by Ehlert.
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Page 3394
September 17,1998
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The Planning Commission recommended City Council authorize the lot split of Krebsbach
Enterprise creating the following lot: the easterly' 46 feet of lot 14 blor;k 10 Original
Townsite. The remaining 20' of lot 14 will be attached to the adjoining parcel. Further,
the recommendation is based on the following:
Allowing the lot split as stated provides a marketable lot that has not been exposed to
contamination. '
The motion also requests that the CUlTent rental property be allowed to continue
operating as in the past with a maximum density of 8 persons (based on the 1998-1999
rental Hcense).
Discussion - The Minnesota Pollution Control Agency has issued a letter of closure on the
contamÎnation and cleanup issues related to property in the vicinity. Twit questioned if
reconfiguratioA of the Lot would have any impact on a proposed grant application related to this
property as a proposed site for a municipal building. Niedenfuer expressed reservations on the
level of control the City may place on a property owner, based on possible future anticipated use
ofthe property,
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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REZONING REQUEST -11 - 6TH AVENUE NW FROM R-1 TO R-2: The Council briefly
discussed the request of Tim Kiernan to rezone a parcel of property from R-1 Single Family to R-
2 Multiple Family (duplex) to allow the property owner to secure a rental license for more than 3
unrelated persons and create a two family dwelling. Loso made a motion to accept the Planning
Commission's recommendations based on their findings and deny the request to rezone the
following described property:
That part of the Northwest Quarter of the Southeast Quarter (NWl/4 SE %) of Section Nine (JI) in Township
One Hundred Twenty-{our (124) North of Range Twenty-nine (29) West Stooms County, Minnesota and also
part qfLat Three (3) in Auditor's Subdivision No, 4 of said Section 9 specifically described as follows:
Commencing at the point of intersection qf the centerlines of Icrwa Street and Minnesota Street as platted and
dedicated in the Original Townsite of the Village of St. Joseph; thence in a Southwesterly direction along the
centerline of said Minnesota Street and the centerline of State Aki Road No.2 for a distance of 1767.97 feet
fir a point o/beginning; thence conti¡meSouthwesterly along said centerline 109.73 feet; thence
Northwesterly at right angles 208.71 feet; thence deflect right 90001' 20" a distance of 109.73 feet: thence
deflect right 89058' 40" a distance of 208.67 feet to the point of beginning. The street address of the
property is as follows:
11 - rI' Avenue Northwest.
In consideration of the information presented to the Planning Commission and its application to
the Comprehensive Plan and Ordinances of the City of S1. Joseph, the Planning Commission
makes the following findings:
1. The proposed request is not consistent with the Social Objective of t1J~ Comprehensive Plan
which states: Keep neighborhoods intact and promote the growth of healthy and vibrant
neighborhoods
2. The proposed change wonld not be consistent with City policy prohibiting spot zoning. The
property is contiguous to R-I Single Family district.
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3. The proposed reqnest may setprecedence opening a window for other landlords to request
rezoning to increase the maximnm occnpancy allowed. I
The motion was seconded by Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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September 17, 1998
Steve Frank requested to speak to issues raised at the Planning Commission hearing. 1) He
stated the speed limit signs for entering the City on County Road 2, (near this property) need to
be moved back to the City limits. Mayor Hiemenz stated the County controls the signs on County
roads. Frank requested formal aclion to this matter.
2) The City Ordinance is unclear in stating the maximum number of driveway openings per
property. The City should address and clarify this issue.
3) There needs to be enforcement of the number of people allowed in single family rental homes.
Mayor Hiemenz stated he had only recently became aware of this situation. The size of a rental
building does not allow for a greater number of occupants than the ordinance allows.
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Hub Klein questioned why the Krebsbach property allows 8 persons. Stapleton responded that
particular property is operating as an R-3 (multiple family) in a General Business Zone. The
zoning ofthe property allows such additional occupants, if the size of the structure provides
adequate space and facilities.
Chuck Potter stated the location of the speed signs has been changed from time to time
throughout the years. His concem is the recently increasing noise on the County Road by an
increased use of Jake braking by trucks.
Paul Pilarski asked ifthe signs on the boulevard of his property could be moved back a little so he
would be able to mow around them with a lawn mower. Mayor Hiemenz indicated he will check
with Dick Taufen on this matter.
Ehlert indicated response to these concerns would be through a report at a Council meeting.
90" AND 91sT PROPOSED PETITIONS TO ANNEX: stapleton presenlled 12 petitions to annex
from the Whispering Pines Addition (out of 18 properties). The Orderly Annexation agreement
between the City and Township of St. Joseph requires a public hearing jointly held between the
City and Township if more than 60% but less than 100% of the parcels of property ofthe affected
area petition to annex. Loso made a motion to accept the petitions anI!! set a public hearing for
October 6, 1998 at 8:30 p.m. in the Fire Hall; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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REQUEST TO HOUSE FOUR DOGS AT RESIDENCE: The Council considered the request of
Tammy Aft to house four dogs at her residence. The residence currently has a special permit to
house three dogs. Tammy AIt stated she has three small poodles that are in the house all the
time except for defecation purposes. She stated when she got the permit she thought it was for
her and that the other resident could have another dog. Niedenfuer clarified the permit is for the
residence and allows one more dog per residence or three in total. Lose stated because they are
responsible dog owners and the notice of non-compliance came as an anonymous call, but not of
complaints of barking or abuse, he made a motion to approve four dogs for Paul Pilarski and
Tammy Aft's residence at 300 Minnesota street East; seconded by Ehlent. Discussion -
Niedenfuer was concemed with setting a precedent. Mayor Hiemenz requested the minutes to
show this is not to set a precedent. Twit made a amendment to the motion that in such event as
any of the dogs would permanently leave the residence, it could not be replaced and only the
remaining dogs would be allowed; seconded by Loso.
Vote on the amendment:
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Vote on the motion:
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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September 17, 1998
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DEPARTMENT HEADS SPENDING AUTHORITY PRIOR TO COUNCIL APPROVAL: Mayor
Hiemenz recommended raising the current spending limit of $100 of Department Heads without
prior Council approval, to a more practical amount, such as up to $500, to provide more efficiency'
in purchases. Loso recommended increasing the spending limit to $250. Twit stated in the two
years he has been in office the level was raised 100% to $100. He felt it prudent for the Council
to maintain a watch on the Department Heads spending. Niedenfuer stated there is such a thing
as micro-managing and made a motion to raise the spending limit to $300; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
1992 AGREEMENT WITH ST. BENEDICTS: After short discussion Loso made a motion to
accept the f01l0wing offer of payment for the shared expenses for the 1992 East Baker street
Improvement:
1.
The Sister's of St. Benedict will pay the agreed upon principal of $ 27,619.60 plus
interest in the amount of $ 8,838.24 ($36,457.84).
The City will waive $ 4,419.12 in interest.
The Sister's of the Order of SI. Benedict will pay the principal and interest as
stated above by December 31, 1998.
The motion was seconded by Niedenfuer. .
Discussion: Ehlert stated that he is not fully comfortable with the Waiver of partial
interest.
2.
3.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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VOLUNTEER FOR CABLE COMMISSION: The Council received a letter from Noreen Loso
offering her services as a member of the Cable Commission. Mayor Hiemenz stated he has'
some reservations as to how this appointment would work. He stated the other member of the
Cable Commission did as well. Ehlert stated Mrs. Loso had discussed with him some several
months ago, her interest in the Cable Commission. He tumed the matter over to the Cable
Commission for their response.
Discussion was that other Cable Commission appointments were made on the recommendation
of the Mayor, although he stated he is withholding recommendation to this appointment. Twit
made a motion to appoint Noreen Loso as a member of the Cable Commission; seconded by
Ehlert.
Ayes: Ehlert, Niedenfuer, Twit.
Nays: None. Abstaining: Hiemenz and Loso. Motion carried.
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Ehlert questioned the status of ordering the Cable access equipment approved at the last
meeting. Mayor Hiemenz stated the Cable Commission is delaying purchasing it temporarily.
Loso recommended prioritizing the audio upgrade needs to improve the audio and getting a new
microphone system. Mayor Hiemenz stated plans were being made to get a new audio system
when Sparky Loehlein resigned from the Cable Commission. Currently there is a lot of noise on
the system.
CITY ENGINEER JOE BETTENDORF REPORTS: 1) City Engineer Joe Bettendorf discussed a
Public Improvement Hearing for the 90th and 91 st Avenues Project. Council was in general
agreement to hold it after the Annexation Hearing.
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2) Mayor Hiemenz asked about the punch list items for Pond View Ridge Three and Four.
Bettendorf stated they are in the process of updating the punch lists. Further, he has received
the first application for payment for Pond View Ridge Five and will retum it until the punch list
items from the previous additions are completed. There was further discussion of methods and
mechanics of accomplishing the completion of the punch list items. Also discussed was a
potential drainage problem with a residence on a cul-de-sac which Bettendorf will look into.
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September 17, 1998
MAYOR REPORTS: 1) A meeting with the area Mayors regarding the Events Center was
recently held. Discussion included: the role the area Cities will play in regulation; administration
through an advisory board; the lead agency's role (City of st. Cloud) for ~le operation; and
budget and financial mechanics including profits and losses. It was the general feeling of the
Council that the City of st. Joseph should only act in an advisory capacitjr. There was discussion
of the revenue source, and proposed locations.
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2) The Mayor attended an APO Executive meeting recently with discussion ofthe North star
corridor issues. An informational meeting will be held at the Whitney Cer~er on October 27.
3) Mayor Hiemenz discussed a Cross Licensing Agreement form he recently had prepared by the
City Attomey. Previously the Council had discussed an easement with Mark Lambert to allow a
security light to be installed on the emergency siren by the Campus Villas parking lot. He stated
the Cross Licensing Agreement has been prepared in place of such proposed easement. He also
stated the licensing agreement states either party is required to notify the other one year prior to a
change in terms. Twit made a motion to approve suclh Cross Licensing Agreement as discussed
by the Mayor; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion œrried.
Ehlert questioned the condition of the parking lot. Mayor Hiemenz stated it is set up appropriately
with striping.
4) Area Regional League Meetingswill be held this fall in Royalton and Hutchinson.
5) Fair Labor Standards Act training session will be held in Melrose at a c:ost of $ 10.00 per
person. Mayor Hiemenz stated anyone may attend at which time stapleton requested to attend.
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6) Law Enforcement Labor Services (LELS) is holding conflict resolution training. The Police
Chief and Union Steward Jeff Young will attend one ofthe sessions. Councilors may attend as
well.
7) St. Cloud has passed and Environmentally Sensitive Areas Ordinance and has invited
surrounding cities to review it and consider adoption of it or a similar ordinance.
8) Steams County Highway Department is holding a public hearing on thlJir five year highway
plan on September 22.
9) Recently there have been strong odors emanating from the turkey farm.
COUNCIL REPORTS
NIEDENFUER: 1) The Sustainability Committee met recently with the group on natural beauty
and aesthetic preservation. The committee is looking at methods other cities have used in this
type of issue. The Committee is also reviewing the Tree City and if it would be feasible for 51.
Joseph.
LOSO: 1) The Council needs to review and consider the 1999 Capital Improvement Plan and
create an awareness of the need to pre-plan for it and discuss options.
Mayor Hiemenz stated he has talked to Judy Weyrens about creating a spread sheet to catalog
our equipment and facilities, induding current status, useful life and expected replacement date.
Loso stated the construction of 4th Avenue NE is imminent and the Counc-.il needs to begin
planning for such. Bettendorf stated funding for 4th Avenue NE is anticipated to be through state
Aid. Loso stated the Council needs to set assessment policies for the business district as well as
a firm policy for residential assessments.
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September 17, 1998
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Mayor Hiemenz questioned the status of the Emergency Operating Plan and would like to set up
a meeting between involved persons relatively soon. Loso responded that he is in the process of
updating the plan which includes holding a meeting with the appropriate officials involved in the
plan.
EHLERT: 1) The Planning Commìssion held hearings on the matters that were before the
Council at this meeting.
2) The Park Board met recently (minutes available), and discussed the status of Northland Park
Improvement. The parking lot is constructed and trees will be planted soon.
3) The Park Board is studying a proposal to pave the hockey rink for off season use by roller
blades and other activities.
4) Ehlert reported the football clinic for youth is successful, with donations from several sources,
including Schroeder Sports donating some equipment.
5) Research on the Jake Braking issue will be done.
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6) A letter from St. Joseph Recreational Association Kevin Kosel was presented by Ehlert which
outlines the financial arrangements for the proposed Concession building. Currently the
organization has donated about $45,000 to the City which is about 14 of the needed amount for
the building. He also presented specifICations as prepared by Hagemeister and Mack Architects.
After short discussion Loso made a motion to accept the financial arrangements and call for bids
for the project as presented; seconded by Niedenfuer. Discussion - Construction is anticipated
for this fall. '
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carded.
TWIT: 1) The next council meeting, October 1, will begin at 7:45 P.M., due to the Great River
Roundtable Visioning meeting. Twit encouraged the Council to attend that meeting.
2) The EOA met recently concerning the Borgert Expansion Project. They also discussed the
feasibility and costs of upgrading Joseph street as well as anticipated assessments forthe
Industrial Park ($18,000 per acre). The EDA is seeking mechanisms to decrease those costs.
Borgert Products requested a three foot variance in height which was recommended by the
Planning Commission
3) Mayor Hiemenz requested Twit to attend the Events Center meeting in his absence. Should
Twit not be available, Ehlert will attend.
CLERK/ADMINISTRATOR REPORTS: Stapleton presented a proposal from NSP gas called
Predictable Price Program. The Council generally agreed not t() join this program.
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The meeting was adjourned at 10:00 P.M. with a motion by Twit; seconded by Loso.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
Rachel Stapleton
Clerk/Administrator
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