HomeMy WebLinkAbout1998 [11] Nov 19
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November 19, 1998
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Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular i
session on Thursday, November 19, 1998 at 7:00 p.m. in City Hall.
MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Ken Twit.
Clerk/Administrator Rachel Stapleton. Councilors Cory Ehlert and Mary Niedenfuer were absent.,
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OTHERS PRESENT: Judy Weyrens, Joe Bettendorf, Dave Theisen, Ellen Wahlstrom, Adam ~
Helm, Jordan Wirth, Kathryn Wirth, Steve Streng, Jeffrey Young, Jean Gustin, Mike Deutz, ChriS
Ryan, Eric Kocimich, Eric A. Tidblam, Brad Messerich, Mark Zimmer. '
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Mayor Hiemenz called the meeting to order at 7:00 p.m. with Councilors Loso and Twit present.
AGENDA: Twit made a motion to approve the agenda as revised; seconded by Loso.
Ayes: Hiemenz, Loso, Twit.
Nays: None. Motion carried.
NOISE VIOLATION HEARING: Mayor Himenz opened a noise violation hearing was held as the
result of an event on October 31, 1998 at 123 Cedar Street East. Mike Deutz, the property ~
owner, had waived his right to an evidentiary hearing. Officer Jeff Young reported they had I
received a complaint, and on arriving at the property he could hear voices and the music volume.
was high. The renters did not receive any citations because they cooperated with the Police and I
reduced the level of noise, and cleared the property of guests.
Mike Deutz stated last year a committee worked on rental housing ordinance amendments and
discussed incidents such as this one. He felt, and understood that the committee also feit the I
renters should be ticketed. He stated the CORE Committee members that were present at their i
last meeting also felt that way. Twit stated the committee (that worked on the ordinances that
relate to rental housing) discussed "disorderly house" violations, and how they are handled.
Mayor Hiemenz referred to Ordinance 102, Regulation of Noise, and Ordinancè55 Höusing,'
Maintenance and Occupancy, and read excerpts of each.
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Loso stated the "disorderly house" ordinance was enacted to protect the City residents from
irresponsible landlords. Deutz recommended ticketing the individuals that are responsible for
making the noise, and he stated he understood that issue was incorporated into the ordinance.
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There was discussion of the fact that the renters did not receive a citation for any violation, which
would be a criminal charge, but the landlord received a noise violation, which is a civil matter. I
Pat Goodwin, a renter, stated he talked to both responding Police Officers, and understood them'
to mention a noise complaint, not violation. He also understood that if the property was cleared
of all individuals other than those that live there, and the noise was reduced, the matter was
over. After that an orange notice of violation was posted on their door. He also discussed a
generator running next door, and other noise producing elements.
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Christopher Ryan indicated he did not believe the music was loud or was tumed up as the police:
Officers approached the house. Additionally, a 15 horse generator on an adjoining property was I
running intermittently. 'I
Officer Young stated the generator was off and he could hear music COmi~g from their house as I
he approached it. . .
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After discussion Twit made a motion affirming that a noise violation did occur on October 31, I
1998 at 123 Cedar Street East, Mike Deutz, property owner, and thatthe renters were i
cooperative with the Police Officers and took adequate measures to reduce the noise level. This
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violation will be considered a waming, with a requirement to pay the administrative costs of the
hearing, and consider this to serve as a first notice. The motion was seconded by Hiemenz.
Discussion _ Loso stated conflicting stories were presented to the Council, and he is unciear as
to what actually happened. Mayor Hiemenz stated he would have to accept the Police report as
accurate.
Ayes: Hiemenz, Twit.
Nays: Loso. Motion carried.
CONSENT AGENDA: Loso made a motion to approve the consent agenda as follows;
seconded by Twit.
Kirk Sauer to clean after Community Day festivities - $50 stipend.
Ayes: Hiemenz, Loso, Twit.
Nays: None. Motion carried.
MINUTES: Twit made a motion to approve the minutes of the November 5, 1998 City Council
meeting with the following corrections; seconded by Loso.
Page 3 - line 3 "not counted, where!!!! the rest of the ballot is tabulated."
Page 4 _ Paragraph 7, line 1 - "Eastvold stated that Bond rates are at a twenty (20) year
low. Ehlert Questioned the revenue source for the bond issue. ' Eastvold explained
the revenue source for the bond issue..."
Page 6 - Vote on the motion at the bottom of the page - Remove Twit from the Ayes:
Page 6 - Bottom line and top of Page 7- "However, the equipment proposed by US
West is to be placed NE of the water tower and the equipment will be similar to the
equipment in the green boxes."
Ayes: Hiemenz, Loso, Twit.
Nays: None.
Motion carried.
PUBLIC COMMENTS TO THE AGENDA: Mike Deutz appeared before the Council to promote
Community Day to be held Sunday, November 22 at the St. Joseph Parish Center. He also is
promoting Santa's appearance in St. Joseph, on December 12 and requested to have the fee
waived for advertising this event for a week, on the community bulletin board. Deutz stated the
Santa event is being sponsored by the Women of Today and the Chamber of Commerce. Loso
made a motion to waive the fee as requested; seconded by Twit.
Ayes: Hiemenz, Loso, Twit.
Nays: None. Motion carried.
Mark Zimmer approached the Council asking to speak to an issue from the previous Council
meeting. He stated Councilor Niedenfuer reported on her observations of doors being locked to
prevent patrons from exiting the building. Zimmer stated he was out of the area at that time but
found this to be true on his retum. He immediately ordered new (Panic Type) locks for the doors
and they were installed..
It was not true that he had ever been fined by the Fire Marshall's Office. He indicated he did not'
think he has ever even received a (reprimand type) letter from the Fire Chief or Fire Marshall. II
Twit suggested striking that portion of Niedenfuer's report from the minutes of the previous I
meeting. Twit asked Fire Chief Theisen to check if the La Playette had received any citations. I
BilLS PAYABLE, OVERTIME & CALLOUTS: Deputy Clerk Judy Weyrens discussed the bills
payable and noted City Engineer Joe Bettendorf has agreed, through his firm of SEH, to donate
$1,800 for the wiring of poles for the additional Christmas decorations. She also stated Chief ,
Lindgren had related to her that he would be comfortable with a used copy machine as long as it
has a service contract, and felt the machine quoted at $1,800 would meet their needs. Twit made
a motion to approve payment of the bills, check numbers 26121 - 26195 with the addition of
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November 19,1998
payment of the State Eire Aid of $21 ,411.00 to the St. Joseph Eireflghters Relief Association;
seoomJed by Loso.
, Ayes: Hiemenz, loso, Twit.
Nays: None. Motion carnéd.
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Loso made a motion to approve the caJlouts and overtime as presented; seconded by Twit.
Ayes: Hiemenz, LoSG, Twit.
Nays: None. Motion carried.
loso made a motion to approve the putCllase of a recontlitionéd Konica 2028 copy maèll1fté wit!J
a maintenance agreement for the Police Department, as quoted by Chader Business Equipment,
$1,800 witn a serviœ contract of $.017 per copy. The motion was secontléd by Twit.
Ayes: Hiemenz, Loso, Twit.
Nays: None. Motion carnéd.
DEPARTMENT HEADS REPORT: There were no Department Head reports.
CITY ENGINEER REPORTS: City Engiiieer diSCUSSéd With the Council that tI1at iii 1992 his
company of Pauly & Olsen merged with SEH. Now he wished to announce the merger of the
consulting firms Of SEH and RCM. He discusséd tAè anticipatéd œnefrt,¡¡ of tI1e merger, anð
added selVices. Twit asked if the merger would have an effect on his salvice to St. Joseph.
BettendOlf stated that he intended to continue te serve St. Joseph as om¡ of his clients With no
change.
WETLAND ORDINANCE PROPOSAL: Mayor Hiemenz diswssed the recommendations of the
City Attomey. He recommended an amendment to the zoning ordinance! for incorporating some
points of the proposal. Mayor Hiemenz further discussed the role Steams County Environmental
Service.s plays in regulating wetland area activities.
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Ellen Wahlstom stated she hãd Omitted from the original draft of tI1e ordinanœ tI1e fOllOwing:
"SinceW'etlandswithin Minnesota are protected by the Wetland Conservation Act (WCA), and
Section 404 of the Clean Water Act, development within those areas would have to follow WCA
Rules 8420 as well as working within the confines of this Ordinance.'
Wahlstrom furtAèr urgéd tAè Councii to inClude setback requirements from Wétlallds in the
Ordinance. On Twit's questioning if Steams County regulations inctuded setbacks, the response
was no.
Loso recommended requesting the City Attomey to draw up an amendment to include the points
he outlined in his corrèSpondenœ, including setbacks. Twit recommended inCluding Steams
County as the enforcing agency. Mayor Hiemenz requested to have the matter referred back to
the City Attomey to draw up an amendment as discussed, Including setbacks, but to not usurp
the existing wetland regulations.
NORTH PARK ADDITION PLAT CORRECTION: After reviewing the City Attomey's
recommendations, Twit made a motion to approve a Surveyor's Certificate of Correction to Plat
as requested by Mark Lambert for the North Park Plat; seconded by Loso.
Ayes: Hiemenz, Loso, Twit.
Nays: None. Motion carned.
BOYS & GIRLS CLUB PROGRAM IN ST. JOSEPH: Mayor Hiemenz di~œssed the Boys &
Girls Club program in St. JOseph. He stated support Is coming from the Klinefelter foundation as
well as suP~ort ing sought from St. Benedicts. Boys & Girls Club Executive Director Tom
Wicks gave -. ~entatiQl1 to tAè Chamber of Commerce and indicated tI1e initial attendanœ
w""~~'t, . . Mayot Hiemenz stated he would like to see the City gert involved in the
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program and then tum it over to the Recreation program. He further stated some of the costs
are in kind, but would like to see the City support the program at a $2,500 level. Loso
questioned where such expenditure would be allocated, and requested the accounts be
researched for recommendation on the funding. After discussion Twit made a motion to table
the matter to the next regular meeting, with scenarios prepared showing options for funding;
seconded by Loso.
Ayes: Hiemenz, Loso, Twit.
Nays: None. Motion carried.
LOT SPLIT REQUEST - ART & EDITH HIEMENZ: Loso made a motion to accept the
recommendations of the Planning Commission and approve the request of Art & Edith Hiemenz
to split Lot 11, Block 23, Peter Loso Addition, Section 10, Township 124, Range 029 into the
north one half and south one half. The property descriptions after the split shall be
Parcel 1 _ The North one half of Lot 1" Block 23, Peter Loso's Addition, Section 10,
Township 124, Range 029.
Parcel 2 _ Section 10, Township 124, Range 029, South One-Half of Lots numbered
Eleven (11), Twelve (12), Thirteen (13) and Fourteen (14) in Block Twenty-three (23), in Peter
Loso's Addition to the Townsite (Now Village) of St. Joseph, Steams County, Minnesota,
according to the plat and survey thereof on file and of record in the office of the Registrar of
Deeds in and for said Steams County.
The motion was seconded by Twit.
Ayes: Loso, Twit.
Nays: None. Hiemenz abstained.
Motion carried.
MAYOR'S REPORT: Mayor Hiemenz reported he attended the recently held Mayor's Breakfast
and Lunch as well as numerous other meetings.
COUNCILORS REPORT
TWIT: 1) The Investment Committee met recently and discussed reinvestment options which
would include laddering the investments to meet funding needs for the debt service accounts.
Since interest rates have again dropped it is likely that some of the callable investments will be
called. .
2) The EDA scheduled meeting was cancelled.
3) The Personnel Committee sent information on the proposed changes to the Personnel Policy
out in the Council packets. These changes will be considered after the Council has completed
the proposed zoning ordinance changes.
Loso asked if the Personnel Committee has discussed wages for the coming year. Twit stated
he and Ehlert shall discuss this matter soon. Mayor Hiemenz stated the City has been contacted
by a representative of the Police Union conceming the proposed increase for1999. He was tol~
that any discussion of changing the wage proposal would open the whole contract.
LOSO: The Building Task Force has scheduled a meeting for 3:30 p.m. November 25.
CLERK/ADMINISTRATOR REPORTS: 1) The St. Joseph Halloween Committee sent a Thank!
You to the Council for your support of the Halloween activities. !
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2) Steams County has scheduled an event to honor retiring officials, Henry Dickhaus, Robert
Ga~o, and Henry Kohorst, December 10.
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3) The street lights are installed in Pond View Ridge and will be energized upon direction from
the City.
4) The old rescue van was sold to Eden Valley, and released to them upon receipt of payment.
5) The letter was sent to Robert Theisen as directed.
6) State Fire Aid was received in the amount of $21 ,411 and tumed over to the St. Joseph
Firefighters Relief Association.
7) The Cable Access Channel Studio needs a chair.
8) The bidder for the Roth House has indicated he no longer is interested in it. We have
received some other minor interest in the house.
9) Stapleton recently attended a Y2K workshop and will have a meeting11VÏth the department
heads to discuss the activities to respond to this problem.
10) The shed has been removed from the Kostreba property, as the City had agreed to do.
11) Stapleton reported on Community Day to be held on Sunday, November 22, 1998 in the
Parish Center.
MISCELLANEOUS OR ANNOUNCEMENT ITEMS: Mayor Hiemenz indicated he plans on
attending an environmental seminar, sponsored by the Coalition of Greater Minnesota Cities, in
St. Paul December 2, 1998.
ADJOURN: Twit made a motion to adjoum at 9:10 P.M.; seconded by Loso.
Ayes: Hiemenz, Loso, Twit.
Nays: None. Motion carried.
9add¥J
Rachel Stapleton
Clerk/Administrator
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