Loading...
HomeMy WebLinkAbout1998 [10] Oct 15 Page 3414 October 15, 1998 Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session on Thursday, October 15,1998 at 7:00 p.m. in City Hall. MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit. Clerk/Administrator Rachel Stapleton. I OTHERS PRESENT: Judy Weyrens, Chad Carlson, Pete Lues, Jonnathan Wellmeier, Pete Klaphake, Brian Tepler, Randy Matthews, Wendy Doyle, Ellen Wahlstrom, Jeff Young, Eric Mintuller, Chad Carlson, Mike Deutz, Ted Schmid Mayor Hiemenz caUed the meeting to order at 7:00 p.m. with all Councilors present. AGENDA: Loso made a motion to approve the agenda; seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. NOISE VIOLATION HEARING: Mayor Hiemenz called to order a noise violation hearing to consider a violation that occurred September 5, 1998 at 314 Old Highway 52. Officer Jeff Young, the responding Police Officer to the complaint, discussed his findings on responding to the call. He stated there was music, drinking and noise. He explained this was a noise violation and the process to the renters. On Loso's asking if they cooperated Young stated they did and no tickets were issued. On Ehlert's asking if they were in violation of the Disorderly House Ordinance, Young stated they were not as there was no underage drinking or such. The Property Manager, Randy Matthews spoke. He stated he has made considerable improvements to the property and expects the renters to act responsibly. Additionally, the renters have a strong financial motive to prevent receiving any more violations, as they were required to pay the full years rent up front. Therefore should there be a suspension of the rental license they would lose that rent. Loso made a motion to accept that a noise violation did occur as reported with this being considered <I first violation. This will be considered a waming and further violations will result in more severe consequences. An administrative charge for the costs associated with the hearing will be charged to the property owner. The motion was seconded by Ehlert. Discussion - It was fortunate that there were no minors on the premises as that could have resulted in a violation of the "Disorderly House Ordinance" which is a misdemeanor. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I POLICE CHIEF REPORTS: Chief Bradley Lindgren presented the third quarter Police Report. Additionally, he also discussed a recent fatality in the area and excessive speed on County Highway 75. He further discussed that as the result of a three day trial last week an individual went from adjudication to prison in less than three months. 2) Chief Lindgren discussed the Community Police Grant fund balance indicating these funds are reserved for part of the upgrading the Police computers. Weyrens stated the computer system i upgrade wilt require an additional server, with the system cost about $10,000 including upgrading the Novel networking system. Additional costs for attaching to Steams County's system with I hardware and software would be an additional $6,000, with the total cost about $16,000. ! Loso recommended further researching into hardware costs and customized systems from i hardware manufacturing companies. Twit agreed with further researching hardware options and made a motion to allow the grant balance to be aUocated to computer hardware and software for the Police Department; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I Page 3415 October 15, 1998 I Twit stated he had concem on the level of enforcement of the Disorderly House Ordinance and indicated the intent of the Ordinance is not zero tolerance. Lindgren stated that the Police do give warnings when violations are noise only. Lindgren also stated the tolerance level is viewed as appropriate is different for different neighborhoods. Further, the Disorderly House and Noise Ordinances enforÅ“ment has to be discretionary. If there is underage drinking, the Disorderly House Ordinance may be cited. Niedenfuer noted the report shows only those activities to which the Police responded, and asked if the underage consumption violations were mainly in bars. Twit further questioned if the Police need additional support from the Council in supporting such ordinances. Lindgren responded that he would have to review the reports for a report on the locations of the underage drinking violations, and hoped he had the support of the Council. The Council discussed the proposal for rental of a copier for the Police Department. They requested getting competitive bids and other proposals that are all inclusive with a service agreement. i CONSENT AGENDA: Mayor Hiemenz read the consent agenda. Approval is as noted. ¡ a) Approve Minutes - October " 1998 - Loso stated corrections to page two are as follows: Under Bills Payable, Overtime & Callouts: "The job was estimated at $300".... And "Ehlert made a motion to approve payment of $350." Paragraph 2 on page 2 corrected to begin "Ehlert discussed the engineers...." b) USLink Service Agreements for Local and Long Distance Phone S~rvice -12 month commitment, Twit asked to check if minimum billing increment coJld be reduced from , the offered ß second interval to one second intervals. Stapleton will check on that prior to executing documents. c) Donation to the Community Halloween Party Fund $300. d) Request of $150 Stipend for Regional Trails Intem - for GIS and Plan Development Services - Ehlert stated the Park Board has considered this stipend and if they did not I approve it the City Council approves it as requested by Chad Carl~n. e) League of Minnesota Cities Dues - $2.868 f) Accept Roth Property Bids Reeeived, Garage $100, Chicken Coop - $10. No Bid received on the house. g) Police Department Konica Copier Proposal of $158.62 monthly rental h) Tree Inspector Recertification Workshop, Alexandria, November 4, $35.00 - Mike Sworski Attending. I After discussion Twit made a motion to approve the consent agenda with the exception of item (g) Police Copier which will be placed on the agenda for the next meeting, after receiving other proposals. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I BILLS PAYABLE, OVERTIME & CALLOUTS: Deputy Clerk Judy Weyrens presented the bills payable and discussed several bills. She indicated check number 26050 will be held until clarification on towing expenses. After short discussion Loso made a motion to approve the bills payable check numbers 25957 - 26055. as presented; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Page 3416 October 15, 1998 Twit made a motion to approve the callouts and overtime as presented; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None~ Motion carried. I TREASURER'S REPORT: Weyrens presented and discussed the third quarter Treasurer's Report. She stated a construction and bond fund will need to be established for the 90"' and 91 st Utility Project. Ehlert questioned the amount the St. Joseph Recreational AssocJation has donated toward the proposed concession building for Millstream Park. Weyrens will verify the balances and report bac-k. On Ehlert's asking about the Wobegon Trail Fund balance, Weyrens stated this was a funding strategy. Ehlert stated he would like to see funds available to have a welcome center constructed in St. Joseph when the trail in constructed through our city. Loso stated the other communities had fundraisers for such purposes. Niedenfuer recommended pursuing the trail construction through St. Joseph. Mayor Hiemenz stated the railroad is still in control of the railroad property in our area. Loso felt the deficit balance for the Klinefelter Park fund should be less than shown. Weyrens stated funds with negative fund balances incur interest expense, which V\~II increase the negative balance. Loso made a motion to accept the report; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert> Niedenfuer, Twit. Nays: None. Motion canied. PUBLIC COMMENTS TO THE AGENDA: There were nopublic comments to the agenda. WETLAND ORDINANCE PROPOSAL: Ellen Wahlstrom appeared before the Council to discuss a proposed Wetland Ordinance. She stated she is encouraging adoption by both St. Joseph City and Township. The Township has included the language in their Comprehensive Plan. She encouraged the City to proceed with the public hearing process in adoption of the ordinance. Ehlert stated this proposal could be included in public hearing the Planning Commission will be holding on ordinance changes after they are approved by the Council. Wahlstrom reported she lIIould like the Comprehensive Plan to drive the Ordinance and requested the following language included in the Ordinance: I "This Ordinance creates a process through which the City can comply with the Comprehensr,ro Plan's pledge to support orderty growth and development while protecting environmentally sensitive resources within the City of st. Joseph.« Niedenfuer felt the preface would give more teeth to the ordinance, as Wahlstrom felt enforcement of the Ordinance may be difficult. Niedenfuer further stated that wetlands define our boundaries. Loso made a motion to forward the proposal to the City attomey for a redraft in ordinance format, tg include the preface as Wahlstrom requested; Niedenfuer seconded. Discussion - Twit felt all the ordinances should have the same format. Carlson stated if a wetland actually exists the wording should be changed to 'shall be referred to the Steams County Environmental Services" rather than "may be' since the City has no expertise in wetland areas. Ehlert clarified the stated that Steams County does not wish to have all development site plans referred to them. There was further discussion on terminology including "dwelling" and ·envelopes·. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I DEVELOPMENT PROPOSAL - 33 MINNESOTA STREET WEST: Mike Deutz appeared on his own behalf, to discuss his parking plans with the Council. He had broughl. the request for a I Page 3417 I October 15, 1998 I revised parking plan to the Planning Commission on October 5, 1998 with that Commission providing a recommendation to the City Council. After discussion Ehlert made a motion to accept the Planning Commission's recommendations as foUow~ seconded by Loso. Discussion - . Discussed the items that must be required in the contract as outlined in Chad Cartson's letter of September 14, 1998 to Mr. Deutz. Ehlert stated L'1ere is as need to assist development in the downtown area. Deutz stated the type of businesses he will have in the building will have quite a bit of walk in business and will not require parking spaces. Mayor Hiemenz stated if we ignore parking requirements it may require the City to provide parking in the future as well as push the parking on to other businesses that have provided parking and negatively impact their businesses. Ehlert felt the City is not in a position to analyze the future success of a business based on parking. He further stated in the future the City potentially could. provide parking on City property when the green office building is razed. ' Mayor Hiemenz stated in faimess to Deutz he understands Twit asked how he would delineate his parking stalls from the adjacent parking stalls. Deutz stated his parking must be paved and striped, He will aJso labeJ the stalls for each tenant Of apartment. ! I Twit asked if Deutz sees future potential for parking problems with the owner of the adjacent parking lot. Deutz stated he does not see it being a problem per se, partly due to the parking habits of the business owners and potential business activities, Deutz stated he tried to discuss the parking issue with that property owner, but felt there was another person who should have been involved in the negotiation that was not there. I Motion to accept the parking recommendation of the Planning Commission to allow the development to proceed with six (6) parking spaces to be provided. Twit stated that this in no way is setting precedence for any future requirements, but based on a situation where Deutz has exhausted all other possibilities. Ehlert stated that the City may deal with future parking needs as well, and could potentially provide this business some future parking when the office building is razed. Mayor Hiemenz stated that at that time the City may address the parking in the area, as the location could benefit several businesses in the vicinity, Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried.. ì MEETING FOR ORDINANCE CHANGES: Ehlert stated the-Planning Commission is prepared to have the Çouncil set a meeting to review the ordinance changes. The Council was in general agreement to set that meeting for November 11 with an alternate date of November 16 at 7:00 P.M. PROPOSED BOND SALE: Monte Eastvold, representative of Juran & Moody, discussed with , u________the Council m.e~h~ds of bonding. The City i~ ~rop~sing to bond for financing the 1998 Street 1· Improvement prOject and the 90lh & 91" Uf~lty project together,- Eastvold dIscussed the two- ------- methods of bonding, public sale and negotiated sale. It is cost effective tô hold a negotiated sale, although for large issues it is recommended to hold a public sale. After discussion Loso made a motion to hold a negotiated sale on November 5'"; seconded by Ehlert. Discussion- Eastvold discussed that a negotiated sale saves the financial advisory fee, and is timelier. The maximum amount a City may bond for by negotiated sale is $1.2 million per twelve months. He I further stated the City has used Dorsey & Whitney as bond counsel in the past. Which bond i counsel to use is the City's choice, although the Council did not request to change bond counseL I Ayes: Hiemer.z, Loso, Ehlert, Niedenfuer, Twit. i Nays: None. Motion carried. I MAYOR'S REPORT: 1) The Mayor attended the following meetings-APO Executive Board, a· meeting-with MNDot involving mediation with APO, the St. Cloud Area Joint Planning meeting, and a Mayors Meeting. Page 3418 October 15,1998 2) The City Attomey and Mayor will meet with another wireless company that is interested in placing an antenna on the water tower. That company is also interested in placing equipment at the base ofthe water tower, but will place screening around it. The Mayor will bring the results of the meeting to the Council. 3) Complaints were received on dogs running loose and leaving droppings on other peoples property. 4) A meeting was held recently conceming the Pond View Ridge Addition Five development, with the developer, contractor, Mayor, and other City Officials in order to keep all informed on the status and proposed progress of the development. The intent is to continue holding these meetings every two weeks to address concerns ar.d service to the development. COUNCILORS REPORT NIEOENFUER: 1) A noise complaint on the music at the La Playette was received on Thursday night because it was a weekday night. She thought the music was slated! to end earlier than it did. She understood several other City officials received complaints as well. 2) Community Day is scheduled to be held on November 22, at the St. Joseph Parish Center. A subcommittee of CORE is planning the event and is seeking more members on this committee. The students plan to do a lot of the work, including cooking, children's games and things of interest to kids. The next CORE meeting is October 21 at 6:30. 3) Minnesota Project Advisory Committee for Sustainability in St. Joseph and Cold Spring met, and are discussing another spring conference. St. Joe Sustainability Project has been meeting regularly, and met recently with the intern working on bike path plan in St. Joseph. The Aesthetic Enhancement group also met. 4) Niedenfuer stated she had a change in focus on the group home matte'L She would like to retract her suggestion that the City Attomey review the Ordinance. She further stated she sees it as a neighborhood dispute and the City should not finance such review. She also received a call from a County employee informing her that the State and County screens and licenses group homes, indicating REM Steams, the owner of this group home. In the opinion of tile County employee, REM Steams is one of the best group home providers. Niedenf'Jer provided a contact at the County level, for furlher information. Stapleton stated a representative of REM Steams called and is placed on the agenda for the next Council meeting. LOSO: The Safety Committee met and heard proposals for safety programs as prepared by them. They provide all the needs of the City to comply with the AWAIR mandate. On Loso's asking if the Council wished to see the presentation they agreed to have nl scheduled for a Mure meeting. Mayor Hiemenz stated a company is advertising an affmnative action statement for the City of St. Joseph that will keep us in compliance in that area. They will be running a small ad. Mayor Hiemenz extended the meeting EHLERT: 1) Ehlert questioned the activity in the building by Schroeder Sports. Hiemenz responded that Redeeming Love Lutheran Church has purchased the property and has been doing some work in the existing building. 2) Ehlert presented St. Cloud's Jake Brake Ordinance and requested it be placed on the next agenda with copies in the Council packets. Niedenfuer recommended enÅ“uraging t'1e Township to adopt it as well. It was noted the Township does not regulate this type of activity. I I I Page 3419 October 15, 1998 I I 3) The football clinics were very successful, with donations, including the Lions donation, covering the costs. There was no cost to the participants (ages 8 -14). This event was advertised on the community sign, with a charge of $35.00. Loso made a motion to waive the $35 fee for the community sign use; seconded by Twit. Ayes: HiemenL, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. TWIT: 1) The EDA met recently and received notice that the USDA Industrial Park loan was approved for $230,000. $40,000 less than anticipated. Loso asked for more discussion on the stipulations and time frame. Twit responded it is a 1 % loan, for infrastructure improvements, and: can only be used for items that are assessed. TIF funding will be used in association with this i loan. 2) Twit stated the letter inviting the group home representatives to a Council meeting has already been addressed at this meeting, with their expected attendance at the next regular meeting. ' 3) The Personnel Committee intends to address revisions to the Personnel Policy after the Council finishes the Ordinance review. I 4) Twit received complaints on the Octoberfest also,mainly conceming it being a weekday evening. I 5) Twit discussed the effect of end of the year on the employees vacation balances. He , , recommended to remind the employees that it is coming to end of the year. The Council has not yet established the carry over allowance but has allow a two year period to use up excess I vacation time. Twit stated employees could potentially could have up to I'Nelve weeks carry over time between vacation and comp time. Mayor said they could take it over .two years, or may I have .to entertain a payoff. Twit stated the goal is to carry no more than one week vacation into the new year. 5) The Personnel Committee is requesting to send a directive by Memo to the Department Heads to have their employees reviewed before the end of November. The Mayor stated the Personnel Policy has a step procedure in place that should be followed. Stapleton asked for clarification on the directive to have reviews completed by the end of NovembeL Mayor Hiemenz further stated to use the procedure in the Personnel Policy and the same form used on the Department Heads. On Stapleton's asking if the self evaluation form was the only form· used, on the other Department Heads or if there were additional materials used. Ehlert indicated only the self evaluation form was used. Stapleton further clarified the Personnel Policy calls for reviev/s in September of each year. Twit st¡lted since that time is past a timeframe needs to be established. After short discussion the Council generally agreed to have these reviews . I completed by November 30, 1998. ' CLERK/ADMINISTRATOR REPORTS: 1) The Continuing Disclosure Report as required by the $1,235,000 General Obligation bona issue for financing the Fire Hall was presented to the Council. ! ! I 2) A workshop Communitv Solutions: Plannina for the Information AGe Communitv Development will be held at Atwood Center, St.Cloud State University on Thursday, Octobe~ 22, 1998, with a fee of $25 ¡ 3) The League of Minnesota Cities is holding workshops on the Year 2000, with one scheduled I to be held in St. Cloud on November 13. I 4) The roof on the drying tower was omitted in the acceptance of the City Hall roof bids. After I short discussion Loso made a motion to accept the bid increase of $840 for roofing that area with the project; seconded by Twit. . Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Page 3420 October 15, 1998 5) Stapleton met with Jim Marthaler; Ray Becl1told Mike Sworski, and Mary Generous to discuss the problems and brainstorm solutions associated with meter reading and billing_ Richard Taufen, Generous and Stapleton met also and further discussed the issues and proposed solutions. 6) Stapleton reported the Kick Off meetings for the St. Cloud Area Joint Planning Advisory Committee are schedule. Mayor Hiemenz stated Joe Fitzgerald is the representative to the group. 7) There was an assessment which was contested at the Assessment Hearing, which the Council accepted the objection to it. The process is for the property O'.w.er to serve notice and appeal in district court. City Attomey Tom Jovanovich recommended noting that the property owner has not yet called as he had indicated he woutd at the hearing_ Jovanovich further recommended if the property owner does call to recommend he get his own attomey for legal advice. 8) The State of Minnesota sent the changes in TlF Reporting for the 19'98 report and noted the City of St. Joseph had complete reports filed by the deadline of July " 1998. 9) Stapleton attended a Fair Labor Standards Workshop in Melrose reoently. The information is available and copies of pertinent material will be provided to the Personnet Committee_ 10) APO is holding and Autumn Celebration Social, in the St_ Cloud Civil~ CenteL 11) A Cable Commission member is requesting keys to the City Hall and cabinet Mayor Hiemenz stated he informed the Commission members he will distribute the keys to them_ 12) Stapleton discussed a upcoming management course that is available. MISCELLANEOUS OR ANNOUNCEMENT ITEMS: Mayor Hiemenz presented information on a training opportunity in St. Cloud $25 for a session on understanding evaluations and measuring systems and tools sponsored by the Central Minnesota Community Foundation for anyone who is interested. ADJOURN: Loso made a motion to adjoum at 10:35 P.M.; seconded by Twit_ Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. w I I I