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HomeMy WebLinkAbout1999 [07] Jul 01 Page 3561 July 1, 1999 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, July 1,1999 at 7:00 p.m. in the St. JosephCity Hall. I Members Present: Mayor Kenneth J. Hiemenz. Councilors Ken Twit, Bob Lose, Mary Niedenfuer, Cory Ehlert. Deputy Clerk Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf; Police Sergeant Jeff Young; Patrol Officer Jean Gustin. I Others Present: Dale Schneider, Diane Schneider, Kyle Schnieder, Jerrod Nelson, Nick Leonard Approve AGenda: Ehlert made a motion to approve the agenda with the following addition; seconded by Twit. 9.1: Amendment to Ordinance 72 Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Noise Violation Hearino - Dale Schneider: Mayor Hiemenz stated the Council has received notification that a noise violation was cited at 413 College A venue North on June 13, 1999. The property is owned by Dale and Diane Schneider. Hiemenz stated that the property owner has not requested an evidentiary hearing. At this time Mayor Hiemenz requested the St. Joseph Police Officers responding to the 'noise complaint to discuss the events. I Sergeant Jeff Young stated he was notified of a noise complaint via Steams County Dispatch at approximately 2:30 a.m. Young along with Officer Gustin, responded to 413 College Avenue North and confirmed that noise could be heard beyond the property line. After approaching the house it was determined there was a gathering in the garage with approximately 15 persons. The party was disbanded and 8 underage citations were issued as well as a Citation for possession of more than one keg. Young stated that he approached the house and discussed the matter with one of the five tenants and informed them that they were Cited with a noise violation and the CitY Council would be notified. Nick Leonard of413 College Avenue North stated that at the time of the alleged noise violation he was sleeping in the house. He disputed the noise level and stated that there could not have been loud music as the garage does not have outlets so a radio or stereo could not be used. Further, the garage door was closed to help reduce the noise level. Leonard also stated that he and his roommates were not having a party and there were only eight people at the house. ' Twit questioned if the tenants at 413 College Avenue North were not having a party, why were two kegs at the location. Leonard responded that the kegs were from a prior event. Jerod Nelson of 413 College Avenue North stated that he does not feel the level of noise was loud enough to warrant a violation. He stated that they may have been talking loud but does not feel the volume was excessive. Further, he stated that everyone has a different tolerance level and maybe the neighbors reporting the noise had a lower tolerance. ' I Page 3562 July 1, 1999 I Niedenfuer responded that part of being a member of the Community is being aware and sensitive to the needs of the neighborhood. The neighbor that called the police is elderly and has recently had a stroke. With that in mind, Niedenfuer stated that the tenants should be more cautious and if the noise permeated beyond the property line, then a noise violation is appropriate. I Nelson and Leonard further stated that they were not aware of the Keg Ordinance and Noise Violation policy. They stated if they had been aware they would not have had two kegs in their possession. The Council discussed the need to inform landlords and tenants of the Ordinances of the City. Hiemenz stated that he and Chief Lindgren each year speak at freshman orientation and discuss applicable Ordinances. The Council was of the understanding that each year when rental license literature is mailed to landlords, copies of the Keg and Noise Ordinance are included. Niedenfuer made a motion affirrriing the following; seconded by Twit. i 1. A noise violation did occur on June 13, 1999 at 413 COllege Avenue North. The property is owned by Dale and Diane Schneider. 2. This noise violation will be considered the first violation and any subsequent violations may result in suspension or revocation of the rental license and/or a monetary fine. 3. The property owner will reimburse the City for all costs associated with the noise violation to include police overtime, administrative and legal fees. I Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Rob Theisen of 109 Ash Street West questioned who determines what constitutes a noise violation. Theisen stated he is aware of two complaints against 105 Ash Street West, but he is not aware of any violations issued. Sgt. Young stated that it is the Officer's discretion if a violation is issued. While residents may call the police for excessive noise, the Officer has to hear the noise before a Citation can be issued. The problem that arises is that many tenants have scanners and will reduce the noise level before the police arrive at the property. Minutes: Twit made a motion to approve the minutes of June 1 and June 15 with the correction of a typographical error; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 i I Consent Aoenda: Ehlert made a motion to approve the consent agenda as follows; seconded by Loso. I a. Application for pa~ent#4, Randy Kramer Excavating in the amount of $ 22,242.31. (90 and 9151 Street Improvement Project) , b. Outdoor Liquor Permit for a wedding to be held at the La Playette on July 16, 1999. Discussion: The Council requested that Weyrens verify the requirements with regard to times of operation for the Outdoor Uquor Permit request. ' Page 3563 July 1, 1999 Bills Pavable: Niedenfuer made a motion to approve the bills payable, check numbers 27011 - 27084 as presented; seconded by Twit. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Overtime: Ehlert made a motion to approve the overtime as presented; seconded by Loso. I Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Public Comments to the Agenda Mark Zimmer. La Plavette: Mark Zimmer of the La Playette Bar and Restaurant appeared before the Council to clafÌfý a comment made during the! City Council meeting of July 1. 1999. Zimmer stated that a representative of St. John's University informed the Council that the local bars were offering reduced drink prices till the Friday evening before graduation. Zimmer stated that the La Playette did not offer drink specials nor would it be a good business plan to do so. Further, Zimmer stated that he checked with the other bar owners in town and they also did not discount drinks: Zimmer requested that he be included in discussions regarding graduation weekend f-estivities. City Engineer Reports Generator Bids: City Engineer Joe Bettendorf presented bids for the purchase of two generators for the water system. The bid results are as fotlo'/l.'5: Cummins Central Ziegler Power System Katolight Corp $ 64,760.50 65,261.11 76,907.00 I Bettendorf stated that bids received are considerably lower than the last time the City requested bids. Councilors questioned if the generator could be used for other functions. Bettendorf stated the generators are mobile enough that they can used for portable power. However, the power the generators produce will be excessive for many uses. Bettendorf stated that the bids have been reviewed by an Eilectrical engineer who questioned the need to have an electrical voltage switch on the generators. The cost savings of removing the switches is approximately $ 2,000.00 per machine. The Council questioned Bettendorf if multiple S'.vitches could be installed so that power could be supplied to a carnival or similar use. Bettendorf stated he will research this matter and report back to the Council. When questioned if the generators are being purchased solely for Y2K needs Bettendorf responded negatively. The City needs a generator to power certain water and sewer operations. If the City purchases the generators at this time, they can be used in the future when the City needs to construct a third lift station. The generators being considered are a necessary piece of equipment for water and sewer operations and if the City does not purchase them now, they will need to in the very near future. Ehlert made a motion to accept the low bid of Cummins Central in the amount of $ 64,760.50 and to allow an additional $ 7,000 for electrical work. The motion was seconded by Twit I I I Page 3564 July 1, 1999' I Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Business Park Utilities. extend service area: ' Bettendorf requested the Council authorize him to proceed with the plans and specifications for the extension of water and sewer fines to service the properties abutting CR 133 and CR 75. These properties includeW. Gohman Construction, St. Joe..Cold Spring Veterinary Clinic and Metro Plumbing and Heating. Bettendorf stated that if the plans were prepared at this time the design work would be complete when the properties formally request water and sewer service. The property owners have expressed interest but do not wish to commit to the project until exact costs are determined. If the Council wishes, the project could be advertised and bid as an altemate. Ehlert made a motion authorizing SEH.RCM to proceed with the plans and specifications to design street, water and sewer for the above mention property. The motion was seconded by Twit. Discussion: The Council approved the request as it is cost effective and prudent planning to complete the design wotk at the present time. I Ayes: Hiemenz, Twit, Loso, Niedenfuer. Ehlert. Nays: None. Motion Carried 5:0:0 Bettendorf stated that he and EDA Director Chad Carlson have met with representatives from Borgert Products Inc. to negotiate property for a holding pond. The holding pond is necessary for the drainage from Joseph Street. Rezonino - Hiohwav 75 Corridor: The City Council reviewed the proposed zoning boundaries for the Highway 75 Corridor, B-2 Zoning District. The Planning Commission is recommending the City Council rezone properties along CSAH 75 to B-2 (see attached map). The Rezoning is being requested to allow the City to better manage the growth along Highway 75 and require minimum design standards. I Twit questioned Ehlert as to the rationale of the Planning Commission excluding property between the north/south alley from 1st Avenue NE to 3'" Avenue NE. This property all abuts CSAH 75 and appears as though it should be zoned B-2. Ehlert responded that the property in question has been left as R-1 since the current use is R- 1. The Planning Commission would rather review the Planning every five years than to change a single family zoning classification. Ehlert further explained that certain rights are lost if property is zoned from R-1 to a Commercial District. Loso made a motion approving the recommendation of the Planning Commission and to designate the attached properties as B-2, Highway 75 Business. The motion was seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Amendment to Ordinance No. 72: Weyrens stated that the City has been contacted by St. Joseph's Parish regarding the sale of alcohol on July 4. This year the 4th of July falls on Sunday and as such alcohol cannot be sold until 12:00 a.m. (noon). The Ordinance regulating Intoxicating Uquor includes a provision which allows alcohol sales before noon. However, the Church will be selling non-intoxicating alcohol. 1(1 order for sales to Page 3565 July 1, 1999 occur before noon on July 4"' the Council needs to pass an amendment to Ordinance No. 72 including the same provision as stated in the Intoxicating Li.œnse Ordinance. I Weyrens stated she has reviewed this matter with the City Attorney and he has prepared the necessary amendment. Twit questioned amending the Ordinance for one organization and if precedence will be established. Niedenfuer stated that the 4"' of July event is a community event and as such she supports the amendment. Loso stated that after the amendment is passed other organizations will have the ~Ime opportunity. The City will still have control as a permit wilt still be required. Loso made a motion to approve the following Amendment to Ordinance No. 72; seconded by Niedenfuer. Amendment to Ordinance 72 Ucensing and Regulation of the Sale and' Consumption of Non-Intoxicating Liquor The City Council for the City of St. Jóseph HEREBY ORDAINS: That Section 72.2 of the St. Joseph Code of Ordinances is hereby amended by the enactment of the following provision as Subd. 6 thereof; ·Subd. 6: A restaurant, club, bowling alley, or hotel which 110ldsan on-sale or special events license mey sell non-intoxicating liquor for consumption on the premises in conjunction with the sale offood after the hour of 10:00 a.m. on Sundays. An establishment seNing non-intoxicating liquor on Sundays must obtain a Sunday license. Any establishment requesting a ['>unday Ucense must show that they are in conformance with the Minnesota Clean Air Act. A license . may be issued by the goveming body of the municipality and a fee not to exceed the sum of $ 5.00 for a special event license or $ 25.00 for the on-sale license unless otherwise prohibited by State Law. I Ayes: Hiemenz, Twit, Loso, Niedentuer, Ehlert. Nays: None. Motion Carried 5:0:0 Lot Split ReQuest: Weyrens presented the Council with a lot split request from Ben and Joyce Thelen. Thelen purchased a vacant lot north of the eastfwest alley between 2nd Avenue NE and 3rd Avenue NE. At the time the lot was purchased it was discovered that there was a north/south alley extending from the middle of the eastlwest alley to the CSAH 75 ROW line. This alley has not been used nor is the altey marked. Therefore. Thelen requested the Council vacate the alley. By unanimous vote the Council approved the vacation and one-half of the aUey was attached to the property owner on the east (Marlin Eich) and one-half to the property owner on the W1~st (Ben Thelen). Marlin Eich does not wish to own the additional property and is in Ihe process of selling the property to Ben Thelen. Since this process is considered a lot split the Council must issue a certificate of compliance to complete the transaction. Loso made a motion approving the foltowing lot split; seconded by Twit. East U of vacated alley adjacent to Lots 17 and 18, Block 3 Loso's t!' Addition. Said tract being conveyed for the purpose of attachment to contiguous lot, to wit; Lors 9 & 10 Block 3, & the W U of vacated alley adjacent to said lots., less the West 95.50' thereof and to which tract hereafter shall not be considered a separate tract, lot or parcel or subdivision of land for purpose of conveyance, but rather a part of the lot or tract to which it is being attached, unless said tract shall become a part of a duly recorded plat. I I I I Page 3566 July 1, 1999 I Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Central MN Events Center: Hiemenz stated that all Councilors have received information regarding the Central Minnesota Events Center. At this time the City needs to notifý the City of Sl Cloud as to the intent and participation level of St. Joseph. The City Attorney has reviewed the information and recommended the City approve the agreement in principal. Scherer's letter indicated some areas of the agreement where clarification is needed. After discussing those areas with the City of St. Cloud assurance was given that the final agreement will da!ifý those items. Based on the recommendation of the City Attorney, Loso made a motion to accept the Agreement of Terms regarding the Central Minnesota Events Center. The motion was seconded by Ehlert Discussion: Ehlert stated that the City of St. Joseph in his opinion needs to be actively involved as the City has a Jot to gain from being partners. Ehlert also stated that a CAST (Community Asset Support Team) Commi~ has been established whose function is to serve as a matketing team for participating cities. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 I Mayors Reports Bonfire Complaint: Hiemenz reported that he received a complaint from a property owner in Eastern Park regarding a bonfire. After reviewing the situation it was determined the bonfire was in compliance with City regulations. Officer Resianation: Hiemenz reported that he has received an employment resignation from Officer Joel Bill effective July 12, 1999. Hiemenz stated that he will conduct an exit interview with Officer Bill and report back to the City Council. The Police Chief is requesting authorization to begin the procedure to replace Officer Bill and is requesting authorization to hire part time Officers to cover hours until a new Officer is hired. Ehlert requested the City thoroughly review the use of part time Officers in lieu of hiring a full time officer. This review should not only include cost analysis but scheduling effects and availability of Officers. ' ' i Miscellaneous Items: Hiemenz reported the City Council received a letter from Franz Kitzberger regarding graduation weekend festivities. Hiemenz also stated that he received a letter from Rachel Stapleton regarding her insurance to which he will respond. Councilor Reports I NIEDENFUER Healthv Community Partnership: Niedenfuer reported the next rneeting of the Healthy Community Partnership will be held in Kimball late summer or earty full. The Committee is in the visioning stage and is in the process of looking for a project. Page 3567 July 1, 1999 LOSO I Loso read a letter from Nancy Taylor regarding her perception of how students are viewed in St. Joseph. Taylor is a resident at 105 Ash Street West EHLERT Park Proiects: Ehlert reported the Millstream Concession Project is complete and the facility is open. The Memorial Park Project is still in progress and will be completed shortly. Northland Park: The Park Board is requesting authorization to pUlrchase the phase one playground equipment to be installed in Northland Park. The equipment will be purchased from Minnesota Wisconsin Playground Equipment with a total price of $ 3707.11. Loso made a motion authorizing the expenditure of $3,707.11 for the purchase of a big toy for Northland Park as requested; seconded by Twit and passed unanimously by those present. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 Casey's Store: Ehlert stated that he has received calls regarding Casey's Store. It was his understanding the building sections facing CSAH 75 would be brick. Ehlert stated I that the building section facing CSAH 75 is steel and questioned if the developer could be contacted to correct the situation. The matter was referred to the EDA Director, Chad Carlson. TWIT Police Union Neaotiations: Twit stated that he and the Mayor will be mesting with union representatives on July 8, 1999 to begin Police wage negotiations. Miscellaneous and Announcement Items Budaet. Year 2000: The Council adopted the following dates for reviewing the Year 2000 budget. August 12, 1999 7:00 p.m. August 19, 1999 7:00 p.m. Adiourn: loso made a motion toadjoum at9:15 p.m.; seconded by Twit Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert. Nays: None. Motion Carried 5:0:0 [J I udyweyren~ Deputy Clerk