HomeMy WebLinkAbout1999 [09] Sep 16
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September 16, 1999
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City of St. Joseph
City Council Meeting
9/16/99, 7:00 PM
1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St.
Joseph met on Thursday, September 16, 199981 7:00 p.m. in the St. Joseph City Hall.
Members Present: Mayor Kenneth J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit and Mary
Niedenfuer, Clerk-Administrator Cari Schmidt, and Deputy Clerk Judy Weyrens.
Others Present: John Scherer, Steve Streng, Greg Reinhart, Steve Lovold, Art and Barb
Schloemer, Chad Cartson, Mike Deutz, Gregg Molus, Alan Stelmach, Gary Utsch, Jack
Pelzer, Chris Hagelie and Bruce Gohman.
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2. Approve Agenda: Loso made a motion to approve the agenda as presented with one
addition that Chris Hagefie be added to the agenda. The motion was seconded by Ehlert, and
passed unanimously.
3. 7:00 Assessment Hearing for Utility Improvements on 90'" and 91st- Hiemenz opened the
public hearing at 7:00 PM and stated that the purpose of the hearing is to consider the
adoption {)f the proposed assessment forthe utility improvement {)f property abutting 90th and
91& avenues from East Minnesota Street to Lynx Road; property abutting Ridgewood Court
from Ridgewood Road to the west end of the cui de-sac by installing w81er and sewer lines.
The total assessment is $239,000. As requested at the public improvement hearing, the
trunk sewer charge has been added to the assessment role for all of the affected properties.
The Council will take written or oral objections to the assessment.
Bettendorf stated that he is recommending the proposed assessments_ The Council can
adopt and change the storm sewer and water main along 90th and 91" and Ridgewood Court
for Beeline. The summary of the final projected engineering costs is $42,500. The total
projected cost for Beeline is $15,598.
Jack Pelzer, a resident on 90th stated that SEH made a mistake and that they should cover
the costs to fIX it. The street is still 5" lower than it was before. Bettendorf replied th81 SEH
made one error in setting the street grade lower. They spent extra time with the residents
trying to remedy the problem_ Bettendorf stated that if the residents want perfection, they
should put in curb and gutter.
Gary Heltemes asked if the City pièked up the oversizing and Bettendorf said yes.
Gerald utsch stated that he is the resident on 90th on the end that got aU of the problems. He
has big puddles in front of his house. He wanted to know if they are going to fIX the problem
and if not are they going to be compensated. He stated th81 he doesn1 want them to tear
everything up because they may make the problem worse. The residents paid for a good
job.
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Bettendorf replied that the residents got a good job.
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Barb Schloemer asked why the answer is curb and gutter? Bettendorf stated there would be
fewer problems. Unfortunately they did this job quickly to respond to the residents and to get
the water to Whispering Pines.
Ehlert asked how many days of standing water does he have? Pelzer st81ed th81 it stands for
days and that he will surely have standing ice in the winter.
Hiemenz stated that the Council received one written protest from Bernard and Regina
Hollerman. It reads: 'City of St. Joseph, Bernard and Regina Hollerman, 30320 91 ", We paid
for sewer and water a total of 10,810.00. That is more as anybody paid on 91" Ave. We paid
for $5510 for sewer and $5291 for water, total of $10801.00. We feel you should make an
adjustment. Thank you. Ben and Regina Hollerman."
Bettendorf stated that the sewer project in 1994 is just the reverse of this project. Twit stated
that what they paid before is irrelevant. They chose to go with it and this is wh81 it costs now.
Ehlert added that they are two separate projects five years apart.
Twit asked if there is a possibility of putting a rolled curb in to prevent the water from entering
the yards. Bettendorf replied that the sod is higher than the tar and we don't want to make
things worse. Gerald Utsch again stated that he doesn't want tOffiake the situation worse.
Bettendorf st81ed that storm sewer/curb and gutter would have been more expensive but
would have fIXed the problems. The land was so flat that the contractor couldn't get it perfect.
Bettendorf stated that he would take a look at it after a rain. Twit asked Bettendorf if the
street is 5" lower now. He replied no, but th81 the original street didn't have a crown and they
had to equalize it somehow.
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Jack Pelzer stated th81 SEH didn't want to put in the extra money to fix the slope. Bettendorf
replied that he remembered that Mr. Pelzer had a dip in front of his mailbox.
Ehlert stated th81 it's clear that a mistake was made. The City looks to our engineering firm
for good projects. There has to be some compromise unless Bettendorf can prove th81 there
really isn't a problem. The City shouldn't have to pay for this. Twit stated that this is a water
and sewer project. The emphasis and priority is on that and not on the street.
Bettendorf st81ed that he can go along with Ehlert's recommendation to see if there is
damage in the Spring. If there is SEH will make it right.
Gary Utsch asked what the grade is on the South end and what is the normal percentage of
grade. BettendoJf stated that 4/1 0 of a foot every hundred feet is standard. In this case, we
are closer to 3/10 of a foot every hundred feet. Utch also asked if Lynx is a Mure project.
Bettendorf said no, that noting was done with Lynx.
Loso made a motion to approve the resolution adopting the assessment rol1 forthe 1999
utility Improvement Project. Niedenfuer seconded the motion and it passed unanimously.
4. Chris Hagelie - Chris Hagelie, the City Administrator for the City of st. Cloud came to
answer questions on the Events Center. He brought display boards from the architect to
illustrate the design and schematics of the Center. The hard construction costs are estim81ed
to run approxim81ely $52 million with a total budget of $68.9 million. The City has received a
$25 million dollar grant, of which $6 million has been received with the rest corning in the year
2000. The Y. cent sales tax will make up the rest. It is estimated that $6.2 million will be
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generated in the first full year of collections. Over time this will pay for the Events Center and
about $30 million in other projects of the five Cities (Sartell, Sauk Rapids, St. Cloud, st.i
Joseph and Waite Park). By 2005 it is estimated th81 the tax will grow to $7.4 million annually
with most of the money going to projects other than the Events Center.
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Hagelie reported that half the funds in the initial year will be returned to the other Cities based
on population and the sales tax collected. If the sales tax passes but the money from the!
State doesn1 come through, the money that is collected will be distributed back to the'
communities to use. If the state does not immediately come through with the added money,i
the legislation allows eight additional years to receive approval. Without the added state'
money though it is unlikely that the Events Center will be built. . i
Hagelie showed the Council a graph showing the projected revenues for the City of St.,
Joseph. Compared to many of the other cities, he stated that St. Joseph is population rich. i
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Loso asked who will be paying for the operating costs of the Events Center once it is built and!
operating. Hagelie said the local city governments will each designate representatives to a
governing board that will make decisions regarding the Events Center. As far as liability in
terms of dollars, the Cities are only proportion81ely responsible. St. Cloud covers 75% with
the rest being spread among the other particip81ing cities.
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Hagelie stated that they have been criticized for comparing themselves to Fargo and the
Fargodome. The Fargodome, like the Target Center will draw major touring shows. The
Events Center will draw from the secondary market. Large commercial shows will also utilize
the facility. They are currently negotiating with St. Cloud St81e who will use the Center for 30-
40 events for SCSU football.
Loso asked why would we want the Events Center when it will compete with the Civic Center,
which is already operating at a deficit. Hagelie reported that the Civic Center is filled to
capacity with events and could not accommodate most of the events th81 the Events Center
will draw. The Civic Center has not been operating at a deficit at all. In fact, revenue has
exceeded expenses since 1993.
Loso asked why should St. Joseph contribute when st. Cloud will receive all of the benefit.
Hagelie stated that with reciprocity the people from all five communities will be able to use the
facility. Plus, whatever money is raised beyond wh81 is needed for the Events Center will be
returned to the Communities for projects. St. Ctoud is planning to expand its downtown
public library and improve its park system. Many communities, including St. Joseph, could
use the funds for the construction of a community center.
Hagelie ended by stating that there will be information pamphlets coming out about the
referendum, as well as a 52 Q &A in the St. Cloud Times. The Council thanked Hagelie for
taking the time to speak with them.
5. Approve Consent Agenda- I
a. Authorization for Kern, DeWenter, Viere Ltd. to perform the 1999 Audit
Loso made a motion to approve the consent agenda. Niedenfuer seconded the motion, and it
passed unanimously.
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6. Approve Minutes- Loso made a motion to approve the minutes. Twit seconded the motion.
Hiemenz made a few typographical corrections. The motion passed unanimously.
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7. Bills Payable and Overtime/callouts - Hiemenz made a motion to approve the bills
payable and cal1outs, seconded by Twit. The motion passed unanimously_
B. Public Comments on the Agenda- There were no public comments.
9. 8:30 PM Noise Violation Hearing -11 6'" Avenue NW - Mr. Trm Kiernan, the owner of 11
5th Ave NWwas notified of a noise violation on his property on August 31,1999_ Hiemenz
explained that as no evidentiary hearing was requested, the landlord is considered to have
waived his right to an evidentiary hearing. This waiver is equivalent to an admission of the
basic allegations alleged. Hiemenz asked if any of the tenants or the !andlord would like to
speak.
Matt Mohrenweisser, one of the listed tenants st81ed th81 the two officers told them that there
would be no violation. The next day, he and his roommates spoke with the Chief who
informed them that there was a call in complaint about students making vulgar gestures and
interfering with traffic. Mohrenweisser stated that there was no beer on the premises when
the police arrived, in fact, they had been turning away freshman looking for a party.
Mohrenweisser stated that he owns a decibel reader and that when simulating the music the
following day the decibel reading was only at 60 decibels and could not have been heard
from next door.
Loso stated that the music was heard from your property_ Niedenfuer asked whether
Mohrenweisser is claiming that the incident on the street had nothing to do with their
property? Mohrenweissed said yes and that the officers told them that the complaint was
only about the disturbance in the street. Niedenfuer stated that although that may be true,
there was still a violation if the noise could be heard from the street. Mohrenweisser stated
that he spoke with all of his neighbors who said that none of them were disturbed by the
noise. Hiemenz replied that many of the neighbors are afraid to call in for fear of retaliation.
Officer Schley stated th81 they received a complaint that there was a loud party at 11 6"' Ave
NW, specifically th81 there was loud music and that people were trying to pick fights with
passing motorists. When the officers arrived, he and officer Daluge didn't notice anyone in
the street or the yard. They could, however, see people in the upstairs window_ Once the
Officers were noticed, the people in the house locked the doors and tlJmed off the lights_
They could hear music coming from the basement while they were standing in the middle of
Minnesota Street. The music was so loud he could hear the words dearly and even
recognized the song. The officers walked up to the door and spoke with one of the renters
who had just arrived and let them into the house. They spoke with th,e other renters (Ted
Steven Sowieja, Greg Mohs and Matt Mohrenweisser.) They entered the basement and
observed 35 people who appeared to be drinking. They lined up the students to check id's,
but not before some of them ran out a back door. Three peopte were cited for underage
consumption and the renters were given a warning for a loud party_
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Twit stated that as the landlord and the renters didn't ask for an evidentiary hearing, the
Council has to assume that the incident occurred. Twit made a motion to impose a ñne of
$500 and a $150 administrative fee. Hiemenz seconded the motion.
Loso questioned why the Council was moving away from the norm on this. Twit stated that it
is important for the Council to send a clear message right now. Nied,enfuer st81ed that
although there was a noise violation, it isn't clear that the students making the noise in the
street came from their house. Ehlert stated that he appreciates the rooperation of the
residents and that you tried to steer the underage students away. Ni,edenfuer stated that she
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knows the roving underage party-goers are a problem. The Council needs to be firm and I
send a clear message to those that are violating the ordinances. However, she stated that
she is not comfortable with $500 for a noise viol81ion. Twit disagreed saying that the Council
can make excuses every time but this should not be a missed opportunity to send a
message.
Niedenfuer stated th81 this is a sensitive issue and asked the students if they would be willing
to come to the next CORE meeting on Wed. 9/29 at 6:30 PM. The students indica1ed that
they would be willing to come. Niedenfuer made a motion to amend the motion to a fine of
$300 with an administrative fee of $150. Ehlert Seconded the motion. The motion passed
3:2 with Hiemenz and Twit voting no.
10. Ridgewood Storage Fence Request - Schmidt reported that AI Stelmach is asking
permission to construct a fence on his utility easement. They have had a number of incidents
involving theft and vandalism 81 his site that he believes would be prevented with the
install81ion of the fence. The fence would encroach upon the City's utility easement. The
Mayor, Dick Taufen, Ron Eutenauer and Mr. Stelmach met previously to discuss options. He
is proposing installing a removable fence line all along the portion of the fence that
encroaches upon the easement. The Public Works department would be able to lift the fence
out to access the sewer line. Schmidt st81ed that Dick Taufen would prefer that the
encroachment not be allowed but indicated that the fence would be a workable solution if the
Council decides to grant the request.
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Mr. Stelmach st81ed th81 the fence would be 6'high and completely removable. He is also
willing to hold the City harmless for any damage that might occur should they need to remove
the fence to access the sewer. Loso made a motion to grant the easement to Mr. Stelmach
for his fence. Ehlert seconded the motion and it passed unanimously.
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11. Engineer's Report
a. Developer's Agreement with Lumber One for Northland Plat 4 - City Attorney
Scherer submitted a copy of the proposed Subdivision Agreement for Northland Plat
Four. The contribution was excluded as a prior park dedication was included in the
development ofthe parcel. Hiemenz asked how many acre plat did this cover. Weyrens
stated that it covered the entire plat. Bettendorf stated that as the Council just received
the agreement they would give the Council time to review it. Terry Schmid is comfortable
with the numbers. Ehlert stated that he would like to see any revisions when they are
made. Twit stated that this seems backward that we are putting in the street before we
have the plat. Scherer stated that it's important that the two go hand in hand.
b. Approving the purchase price of $8500 per acre for the holding pond at the
industrial park for a total of $38,080 - Carlson reported th81 as part of the industrial
park property the City needs easements for the holding pond. Easement A is a .
temporary construction easement over the entire parcel for the excavating the holding
pond and placing fill on the adjacent land. Easement B is for the easterly extension of
Elm Street from the Buettner PI81 to Joseph Street. Easement C is a deed description
because the City needs to purchase the 4.48 acre parcel for $8,500., Easements D and E
are for sewer lines. Loso asked if these costs are being covered by the bond and
Weyrens stated th81 the City is working on that. Ehler! asked ifthe land was not being
used for a holding pond, what would the value be? Carlson stated that the price of
$8,500 was based on the fair market value of the property. Twit made a motion to
approve the purchase price of $8, 500 per acre for the holding pond at the industrial park
for a total of $38,080. Loso seconded the motion and it passed unanimously.
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c. Terry Schmid property - Authorize the final plat subject to approval by the City
Engineer, Attorney and Public Works Director. (This item was not discussed at the
meeting due to lack of information)
d. Borgert property - Weyrens stated that the Council needs to approve the lot split for the
Borgert property and issue a certifica1e of compliance. Loso made a motion to authorize
the certificate of compliance for the lot split on the Borgert property. Ehlert made a
second to the motion and the vote passed unanimously.
12. Bank Purchasel Roske Property- Scherer reported that the only change in the purchase
agreements is that Gohman is no longer the purchaser. First State Bank is now the
purchaser. Loso made a motion to approve the purchase agreements, seconded by Ehlert.
The motion passed unanimously.
13. Variance Requests
a. Resurrection Lutheran Church Sign - Carlson reported th81 the Resurrection Lutheran
Church submitted a variance request for the construction of an adlditional sign. The
ordinance states that only one identifica1ion sign not exceeding 35 square feet is allowed.
They currently have a rock with their name on it that counts as a sign. The sign they .
would like to construct is 50' x 70' and will be used to advertise their church services.
The Planning Commission found that the proposed use is consist,ent with the standards
for a variance and recommend approval of the variance of 24.31.
Ehlert stated th81 this is a justifiable use to allow the variance. Ehlert also st81ed th81
Gene Boysen requested that the $150 fee be waived. The Planning Commission
recommended that the City Council decide this based on the cost to administer the
variance. Loso made a motion to approve the variance but not to waNe the fee.
Niedenfuer seconded the motion and it passed unanimously.
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b. Height of the First State Bank of St. Joseph - Carlson reported that Gohman
Construction submitted a variance request for the construction of the First St81e Bank
facility to reach 41.4 feet. The Ordinance states that any portion of a structure in the
Highway 75 Business District shall not exceed 2 Y:Z stories or 35 feet in height. The
Planning Commission found the use consistent with the standards for a variance. They
recommended approval of the Variance of 6.4 feet to construct the facility to the height of
41.4 feet.
Bruce Gohman showed the Council a color schematic of the sign and the building. He
reported that the site plan looks great and that the landscaping and rock should
complement the look of the entire area. Loso made a motion to approve the variance,
Twit seconded the motion and it passed unanimously.
14. Tuition Reimbursement Policy - Loso stated th81 the policy reflects wh81 the Council
discussed. Loso made a motion to approve the tuition reimbursement policy and insert it into
the personnel policy. Ehlert seconded the motion and it passed unanimously.
15. Mayors Report- Hiemenz reported that there will be a bill coming in for $250 for an incident
with the Police Department. An independent investig81ion was done and it was determined
th81 it would be cheaper to pay for the claim than to contest it.
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Loso stated that he would like to see a copy of the report. He has spoken with the resident
and she says that the money is not the issue. There is more going on here than just what
has been said. Niedenfuer stated that its not helpful to bring up these issues without the
facts and to make insinuations. Loso stated that this is a resident issue and should be
brought up. Niedenfuer stated that aithough resident issues should be brought up, it should
be done when all the facts can be brought out. Twit stated that this is the first he has heard
about this.
Hiemenz reported that the first choice candidate for the Police Department Administrative
Assistant position has declined the offer. The second candidate is Lorraine Minier. Both
candidates look very good and should work out just fine.
Hiemenz received a complaint about A TV's driving around in Klinefelter Park.
Hiemenz reported that he met with the City of Cold Spring to talk about the possible
wastewater treatment plant expansion and will soon contact the City of St. Cloud to set up a
meeting time.
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Hiemenz reported that Police Chief Brad Lindgren submitted his resignation to be effective in
30 days. Loso made a motion to accept the resignation. Ehlert seconded the motion and the
vote passed unanimously.
16. Council Reports - Twit reported that the Personnel Committee would be meeting to discuss
the points, jOb description and salary range and reporting back to the City Council.
Ehlert stated that he had received a call from a resident on 3"' street that a neighbor is using
the alley for their camper and it is encroaching on the alley. Schmidt st81ed that she would
have the Public Works Director or the Police Department check it out.
Ehlert also reported that he received a call from an artist in Minneapolis that would Jike to
place a tree sculpture in Klinefeiter Park dedica1ed to Jacob Wetterting. ¡October 5 will be the
dedication.
Loso had nothing to report. Niedenfuer reported that the CORE meeting is scheduled for
9/29 81 6:30 PM. Also, the Healthy Communities Partnership team meets 'oh the 20th at 6:30
aUhe firehaU to talk about community visioning.
Ehlert brought up the issue of jakebreaking and said that he would follow up on the issue. He
also reported that the Council should watch for eleven new Park identifica1ion signs in the
community. He also stated that the City should start enforcing the portable sign ordinance
now that it has been passed. '
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Loso commented that he noticed 15 underage consumption/possessions at Sals Bar. He
requested that the City send a letter to the bar owners reminding them to renew their efforts
to curb this behavior.
17. Clerk/Administrator Report - Schmidt reported that she attended the 75th Anniversary
celebration of the $I. Cloud Veterans Administration Hospital. They presented the City with a
special edition yearbook that will be kept at City Hall if anyone is interested in taking a look 81
it.
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18. Miscellaneous and Announcement Items
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19. Adjourn - 10:30 P.M. Loso made a motion to adjourn, seconded by Ehlert. The motion
passed unanimously.
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Respectfully Submitted,
C~s~
Cari Schmidt
Clerk/Administrator
City of St. Joseph
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