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HomeMy WebLinkAbout1998 [10] Oct 01 Page 3405 October " 1998 I Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session on Thursday, October 1,1998 at 7:45 p.m. in City Hall. MEMBERS PRESENT: Acting Mayor Ken Twit; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer. Clerk/Administrator Rachel Stapleton. Mayor Hiemenz was absent. OTHERS PRESENT: Judy Weyrens, Chad Carlson, Ray Loehlein, Bud Reber, Chad Carlson, Joe Braun, Steve Streng, Pat Schneider, Tom Nahan, Noreen Loso, Mr. & Mrs. Pogatchnik, Joel Bill, Steve Frank. Acting Mayor Twit called the meeting to order at 7:45 p.m. with Councilors Loso, Ehlert and Niedenfuer present. AGENDA: Loso made a motion to approve the agenda; seconded by Ehlert. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. MINUTES: Loso made a motion to approve the minutes of August 25, 1998 as presented; seconded by Ehlert. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Ehlert made a motion to approve the minutes of September 10, 1998; seconded by Niedenfuer. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I Loso made a motion to approve the minutes of September 17, 1998; seconded by Niedenfuer. Discussion - Niedenfuer stated she voted Nay for the Outdoor Liquor permit, and Acting Mayor Twit stated on the seventh page Devin Kosel should be changed to Kevin Kosel. Vote on the minutes with corrections: Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Acting Mayor Twit stated a motion was missing from the September 22, 1998 minutes approving the Resolution of Finding for Borgert Products. Weyrens stated Twit had called her on this matter and verified for the Council, the that motion is located before the Resolution of Finding on the fourth page of the minutes. Niedenfuer made a motion to approve the minu1es of September' 22, 1998; seconded by Ehlert. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I CONSENT AGENDA: The Council considered the consent agenda item of Mary Generous and Judy Weyrens request to attend a software seminar on Microsoft Office on December 3, 1998 at the st. Cloud Civic Center, with a registration fee of $79.00 each. Stapleton requested to be included in the approval since this program is used by all office employees. Stapleton suggested the EDA Director could cover the office on that day if he is available or possibly hire a temporary, employee for one day. Ehlert felt if the EDA Director's duties did not allow him to cover the I office on that day, one of the employees could attend a session at an outlying area on another I day. Niedenfuer made a motion to approve the consent agenda to allow all the office staff attend such seminar, with the stipulation that the possibilities to cover the office be explored, and if the EDA Director is unavailable, one of the employees may attend such seminar in the Minneapolis area. The motion was seconded by Ehlert. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Page 3406 October " 1998 BILLS PAYABLE, OVERTIME & CAllOUTS: Loso discussed a bill for repair of expansion joints in the Fire Hall. He stated this repair was not covered under warranty. This jOb was estimated at $300 with final costs at $660. He stated 10% over estimate would be acceptable bllt felt the high increased cost was unacceptable. Weyrens stated a written proposal was received on this matter. Ehlert made a motion to approve payment of $350 based on the recommendations of the Fire Chief and the concurrence of the Township Chair and Fire Board Member Joe Bechtold; seconded by Loso. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I Ehlert discussed the engineers bill for services to private land such as Bee Une Marine and the Industrial Park and felt these costs should be bome by the developer. Weyrens stated Bee Line Marine was billed for that service. EDA Director Carlson indicated a topographical study was done which affected the larger area including the Joseph Street area. He further stated tile sU/vey work can be worked into the financial plans for the USDA grant. Car1son will look further into this matter to get further breakdown of the costs. Ehlert made a motion to approve payment of the bills, check numbers 25939 - 25989 with clarification of the breakdown of the engineering bill on the Industrial Park; seconded by Loso. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Ehlert made a motion to approve the overtime and callouts as presented; seconded by Niedenfuer. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. NOISE VIOLATION HEARING: Acting Mayor Twit opened a noise violation hearing as a result of an event which occurred on September 12, 1998 at 34 First Avenue SE. Officer Joel Bill stated he received acsll and on arriving on the scene found people parljnng, and drinking along with underage drinking. On Council discussion, Officer Bill indicated the tenants were cooperative and two of the tenants were present There were no kegs at the party. Loso stated he felt the property owners, Pogatchniks, are responsible people. Actir.g Mayor Twit stated the Council is to consider the noise violation only, not the criminal citations L<;sued. Ehlert discussed that a ticket on the disorderly house ordinance was issued (which is a misdemeanor) to which Officer Bill verified. Niedenfuer stated this matter is taken very seriously and she thinks the owners should be concemed, to which Pogatchniks responded that they take it very seriously and are aware of the consequences. Loso made a motion that this will be considered a first noise violation by the City and not impose a fine. He further stated if a second violation should occur on this property it will be handled very seriously. The motion was seconded by Ehlert. Discussion - Twit stated that the City has required the property owners of past noise violation hearings to pay for the costs of the hearings such as mailings and administrative time. Acting Mayor Twit made a motion to amend the motion to include recovering the costs of the hearing from the property owners; seconded by Ehlert. Vote on the motion to consider this a first offense and require the property owners to bear the costs of the hearing. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I PUBLIC COMMENTS TO THE AGENDA: Ray loehlein discussed pla~¡ment of campaign signs and asked that all signs be made to come into compliance with the law which prohibits placement ofthem in right of way areas such as boulevard areas. Loso recommended the Maintenance Department remove all the signs in the public right of way ótreas. On Ehlert stating he disagreed, Loso stated the law is very clear in its requirements to havle the signs removed. I Bud Reber clarified the street width on East Minnesota Street is 66 feet wide, (80 feet in the downtown area). I i i Page 3407, October " 1998 I Steve Frank discussed 1) placement of signs, requesting consistency in enforcement for all i signs; 2) a mailbox policy proposal to require metal posts, (he has a cedar post on his mailbox I and sees no reason to require metal posts); 3) asked forfollowup on his request to send a formal i letter to Steams County on the speed signs. 4) Asked why the City Attomey was not consulted on group homes ratherthan the league of Cities. He felt the City Attomey would know the impact of 'Our ordinances on such residential property use. Frank felt there should be a provision for neighborhood notification, and background checks of the residents. He further recommended including in the ordinances to require background checks on such residents of group homes. Niedenfuer stated they could be requested to hold neighborhood meetings.' After short discussion the Council generally concurred to invite the owners of the group home to a Council meeting to discuss Council concems. EDA DIRECTOR REPORTS: EDA Director Chad Carlson presented a Proclamation declaring October 12 -16 to be St. Joseph Minnesota Manufacturers Week. Loso made a motion to approve the resolution proclaiming St. Joseph Minnesota Manufacturers Week as presented; seconded by Ehlert, Ayes; Loso, Ehlert, Niedenfuer, Twit. Nays:-None. Motion carried. Carlson presented a feasibility report for improving Joseph Street, as had been reviewed by the EDA. Storm Sewer, curb and gutter, and drainage ponds will be included in the project as well <Is the street improvement. The EDA Board requested to have an informational meeting held on i the proposed improvement and invite all the property owners. The Council was supportive to I have such a meeting, the date of it to be set soon. Loso questioned the source of the funding fori the project. Assessment policies will have to be reviewed and sources of funding I Carlson will review possible dates for the meeting for Joseph Street as well as for the developer's agreement. Carlson anticipates having the City Attomey review the agreement prior to the Council reviewing it. Carlson also requested the Council members to call him on questions, prior to the Council meeting, when they have questions, in order to allow him to research the matter before the meeting. Ehlert stated that he does not expect him to be able to answer such questions without researching such matters. , CITY ENGINEER REPORTS: Stapleton presented a resolution for the 90~ and 91 st Street proposed project. Loso made a motion to approve the Resolution Ordering the Improvement and Preparation of Plans; seconded by Niedenfuer. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. RE~JTAL HOUSING INSPECTOR REPORTS: The Council discussed and considered the report on the status of payment of the fee for licensing Kathy Krebsbach's rental property. Krebsbach I felt she had paid last years fee, but City records did not show it paid and Krebsbach was unable to produce evidence that she had paid it. Therefore the penalty clause in the ordinance has been imposed. (She has since paid both last years and this years fees.) After a short discussion I Ehlert made a motion to accept Rental Housing Inspector Rassier's recommendation that if Krebsbach can produce evidence that the fee was paid there will be no penalty. Otherwise I Ehlert set the penalty at $50 which doubles the rental ncense fee. The motion was seconded by I Loso. I Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. , ACTING MAYORS REPORTS: Acting Mayor Twit indicated his report on political signs has already been covered. COUNCILORS REPORT Page 3408 October 1, 1998 EHLERT: 1) Millstream Concession BUilding call for bids has been advmtised. I 2) Central Minnesota Events Center Committee recently held a meeting and want to know how the City of St. Joseph wants to. be involved and at what level. Also the City needs to determine its intended use of the excess Yz% sales tax. In o.rder to determine the use the City will need to do long range planning with the Planning Commission and Park Board within the next 60 - 90 days_ Loso questioned what entity will be responsible for the maintenance of the facility, and if there would be a need for St. Joseph to retum any sales tax revenue for such maintenance. Twit stated that it is prudent for the City to be part of the planning process whlen such matters are determined. Any excess sales tax funds are required to be used for a Community Improvement Project and may not go into the City's General Fund. LOSO: No report. NIEDENFUER: 1) A CORE Committee meeting was held recently with discussion on a Community Day Festival. The KC's would like to work with CORE on this event. Suggestions were a spagetti dinner, with karoke and things of interest to kids. 2) The CORE Committee also. discussed the bus stop on 2nd Avenue. Although it will continue there student parking is a problem, and it interferes with customer parkin'9 for the Barbershop. The Council discussed that restricted parking signs have been ordered for this site. She also stated lighting is an issue at this site. This bus stop site is continuing with the Colleges' blessing. Niedenfuer recommended considering more lighting at it. Ehlert stated this site was a band-aid approach when it was first established. Other sites were considered but would not function adequately for the busing. Loso stated other sites, re-routing, and schedules were considered at that time. This is not a resolved issue with the City_ The Council felt if more light is needed at that site it should be funded by the Colleges. Niedenfuer indicated she y,~U bring this info.rmation back to the Committee. I 3) The CORE Committee agreed to. use a good will reimbursement through the Community Grant funds to pay $100 to Kurt Schneider for damage incurred and to write a good will letter to another resident_ Niedenfuer discussed use of grant funds which were reÅ“ived in March and had tQ be expended by September 30. Niedenfuer stated she wishes to have the Police Chief involved in the discussion on designation of the remaining balance_ It is her understanding that the balance is to be allocated to Police computer upgrades. 4) The Amoco sign has added a sign for American Family Insurance_ The sign should be checked to see if it meets the ordinance requirements. 5) Niedenfuer discussed and made a motion to have the City Attorney review the ordinance for R-1 and Group Homes, with a consideration of implementing a mechanism to require notice when something unusual moves into a neighborhood_ After short diSCUS!~on of the need to be specific and to wait until after the owners of the Group Home visit with th,e Council, Niedenfuer withdrew her motion. CLERK/ADMINISTRATOR REPORTS: 1) City Hall Roof Repairs - Stapleton reported the Building Official, Ron Euteneuer, reviewed the bids, including further clarification from McDowall Company, and felt the apparent low bidder was McDowall Company's bid of $ 23,567.00. If accepted McDowall's will order the materials and expect the project to be, completed by the end of October. After discussion of the clarified bid Ehlert made a motion to accept McDowall Company's bid of $23,567 plus a manufacturer's 10 year labor and material warranty of $450. The motion was seconded by Loso. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I Page 3409' October 1, 1998 I 2) Stapleton reported Ron Kostreba indicated he is willing to sign the documents for property transfer for 12m Avenue SE, upon receipt ofa reimbursement for assessments for 40 feet of that property which will be taken for road right of way. He felt this issue was not addressed in the agreement. Loso made a motion to approve the reimbursement of $1,200 to Ron Kostreba for the 40 feet of East Minnesota Street (to be receceived by the City for the road right-of- way),which were assessed in the 1996 assessment; seconded by Ehlert. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 3) Stapleton reported the office staff has called for and received information and qootes on local and long distance phone service. On review of it the Council was supportive of switching to the low quote, that provided the best service. If a contract is required to switch services, it will come to the Council at the next meeting. 4) On Stapleton asking if the Council wanted a sound system for the meeting at the Fire Hall, the Council generally felt the acoustics at the Fire Hall are adequate without a sound system. 5) Stapleton presented the revised Fire Relief Association by-Iaws_ Acting Mayor and Fire Relief Treasurer Twit discussed them and stated the guidance he received from the State was inaccurate, and they did not accept the by-laws. Also the State Aid was held until acceptable by- laws are received by the State, with the next payment date in December. Loso made a motion to accept the revised St. Joseph Fire Relief Association By-Laws as presented; seconded by Ehlert. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I 6) The- bids on the buildings at the Roth property will be opened next week. MEMORIAL PARK TASK FORCE: Pat Schneider, representing the Memorial Park Task Force, reported on the status of funding for the proposed bathrooms and concession building. He stated the Lions donation is requiring partial matching funding. The Park Board has agreed to fund $6,000 but $4,000 is still needed. Loso stated the Park Board budget is part of the City budget so the City has committed $6,000 already. Acting Mayor Twit stated this funding opportunity by the Lions is an opportunity that will not be available again. Niedenfuer stated the conditions of the existing bathrooms reflects on the City and Community. Other issues discussed were if the quotes received are firm, if a lift station is needed, and to determine the exact location of the building in order to make the site most beneficial to existing and future structures. Joe Braun stated the bathrooms will not be used in the winter, and therefore it will not serve the winter recreation program, It was cost prohibitive to make the facility winterized. Niedenfuer made a motion to approve supporting the additional $4,000 to the Memorial Park upgrade of the bathrooms and concession building; seconded by Loso. Discussion - If additional funding is needed for the project, the other donating entities would have to be approached. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Schneider thanked the Council and stated the relationship with the Lions Club will continue to grow because of the Council's decision to further fund this worthwhile project. Acting Mayor Twit extended the meeting at 10:00 P.M. I MISCELLANEOUS OR ANNOUNCEMENT ITEMS: Ehlert discussed the letter to be sent to St. Wendel Township requesting they participate in the funding for the Summer Recreation Program, which serves their residents. Ehlert stated he intends to meet with the St. Wendel Township Board to discuss and encourage them to participate in this funding rather than to nave the burden of it imposed on the participants. Page 3410 October " 1998 Ehlert discussed a directive to the Police Chief from the previous meeting clarifying enforcement of the noise ordinance which has previously been on a complaint basis. Acting Mayor Twit stated he had discussed the matter with the Police Chief indicating blatant noise was the problem. Niedenfuer further clarified that such noise as jake brakes, motorcycles and loud mufflers need to be contolled. I ADJOURN: Loso made a motion to adjoum at 10:10 P.M.; seconded by Ehlert. Ayes: Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I I