HomeMy WebLinkAbout2000 [01] Jan 21
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Page 3687
JaD\laFy-21,2000'
City of Sl Joseph
City Council Meeting
1/21/00, 1:00 PM
1. Call-te·OFdeF. Pursuant t&00&6a11-and-natic~th9Feof, !he-Gity CouncilfOl'~Cit~-of St.
Joseph met on Thursday, January 21, 2000 at 7:00 p.m. in the St. Joseph City Hall.
Member&f'resent: MayOF-Keooeth~- Hiemenz, BGb-bQSG, KeR-Twit- and- Mary NieQe(1fuer,
and Clerk-Administrator Cari Schmidt and Deputy Clerk Judy Weyrens. Members absent:
Gory-Ehlert.
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ethers Present. EDA-Ðiredor ehad-€ar1son;eity [I,gineel Joe-Bettendorf, Siste;Miriam
Ardolf, Jim Krebsbach, Lou Krebsbach, and Steve Streng. )
2;- App.o1le Af¡enda. Schmidt stated that item 3b:-"Requestfor-payment- Design [Iedlic"
should be removed from the agenda. Loso made a motion to approve the agenda, seconded
bý-"fwit- T/¡ð motion passed UI al"¡ Jo~sly.
3. City Engineer's Report - Bettendorf stated that he met with the City staff to look at the
capital irnprovement-pIan;- They discussed where-the-projectswere-in-terms--of planning and
completion. He has now provided the list for the Council and would like them to prioritize the
projects:. there are-a-hUI "be, of PI ojðc.b cù",ihg up-and he would~ke to gel the Coupcil's
input on what should be priority. Twit asked if the items were listed in any particular order.
Dettel ,dorf indicated that they ..ere 110t Twit asked about the cfeaning -and tele. ising 9f the
sewer lines in the old part of town. Bettendorf stated that they need to look at the condition of
the pipes al,d their capacity to see if thel e are pi oblems. Most-ofthe-pipes- are cfay and çould
have root problems. Niedenfuer asked what area is considered "the old part oftown"? J
Bettelldorf stated' Park- ten-ace- east on thil d avenue;- Niedel,fuer asked ,~hat the-timeline is
for the project and Bettendorf stated that it is up to the City Council.
Bettel ,dorf as~ed-the-£ouncil to add the con Iple!ion of the-16" ~.ater main loop to the list of
2000 Capital Improvements. Twit stated that #8, Reconstruction of County Road 121!
includ",gextension-ofmunicipal uMities soull, should be-atthe topofthe-list: BetIe\1dorf
reported that the lift station on Baker should be looked at. At one time, it was the Càdillac of
lift statiolls btitit witl-e.entually need to be leplaced. . this station requires-the indi'vid~al to
actually climb down a ladder into the station, causing confined spaces concems. The new lift
station-shouId-be submersible
loso asked BettendOff.to- sit ElewR-wiIf'l-gick l"aiJfeR-amI ¡¡riori!ize ~seàJ.GGa!iRg-and4¡"aft a
time line. Bettendorf said that we will also want to address this in light of Hwy.121_ ,If we are
above the ~,OOO-J)GpUIatio-n-poiII!,~ City will oo.eligiblefOl' Municipal-Slate-Aid- funding
worth $150-$200,000. To access the funds, the City must designate certain roads as state
aid streets-. This- will, in tllfA, save·mooey-fof othef·projects-aOO hellHJffset so-rne-ef the seal
coating costs in other parts of town. Nieden1uer stated that she would like Bettendorf's input
on the sealcoating pFioritie5-also.
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-Schmidt stated that the ~scRedule a meeting to Ita ¡Pier the Capital
Improvement Projects. Too CounciJset-adate of February :t-6. '.at-4:-OO. ¡
Bettendorf stated that he would like approval from the Council to get started on the highway
121 Feasibilitystudy-.- Thi-sccoold-lJe ~-he would-like toget-star!ed-IIOW-.
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Loso made 13 motion to authorize Bettendorf and SEH to proceed with the Highway 121
Feasibility study, The metioo-was-sewnáed-b-y-NieáenfueFaOO-fIéIsse4-unanimously.
4. Super America Expansion - Variance Requests - Lou and Jim Krebsbach were in
attendance at-the rneeliRØ-todiscuss-the isSIIe., boo-Krebsbach ~tha!-!IIe- twolJrothers
have come to request approval of two variances. They are proposing to construct a rubbish
coofiAement structure in the SOIJIReast comel'ofthe St Jo-sepl+Super Amelica-lGt In {¡rder to
place the structure in the proposed location, they are requesting a variance to the side and
rear setbacksaf tile B2 Highway 15-Business District Tile side yard variance would-be fIVe
feet. The Ordinance requires a 20 foot setback from the County right of way line and the
propasOO-¡Jffiject will-be 'l5-fee!-frÐmtheright-ofway line. The re~yaro-variance request is
10 feet. The ordinance requires a 10 foot setback from the rear lot line.
Kr-ebsbach-stated-thatthey are adding -8OO-SlFft. tothe building and installiAg-AOA-GGmpliant
bathrooms. They also want to expand the coolerlfreezer space. They need more room for
theirvendofs-to-lIfIIo-ad-tReiItFuGk£. KreÐsbaGI1-stated-that he-SflGke-1lIlitlt-DiGk-l'aufen and
that the variances shouldn't cause any snowplowing probtems.
Krebsbachusta!ed that-!he-trash-enGIosIIr-WOUld-sit-against the GYI'IJIine..lt-wouktma!ch the
brick of the store. The planning commission also asked them to expand the landscaping and
showeò-the-COIIßGiI.~ potential landscaping ideas. l(}so asked the size of
the trash receptacle. Krebsbach stated that they are looking at a dumpster that is 25 ft. by
12.6-feet, witl1 a-depth~ feel.
Krebsbach-stâtedthatten years-ago~the-City-aOOthe-0Ottnty. They
would give the property on College Avenue in exchange for parking over the force main.
Tl,ele was also the undelstanding that they may need-to-put-structures there in the futtIre. It
has come to their attention that Cedar street was never turned back to the City. As it sits
now; itis-ßounty-right-ofway.
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Hiemen~sta!ed that<lS-SUGh,wedOl!'t-have the authoriza!ian ta gramtheil'reqoosts-until the
property has actually been tumed back to the City. The Council can, however, give you an
idea-ot howit-feels aboot-!he-~sts.
Loso stated that the City has an ordinance on easements. It's clear that the City doesn1
allow-encroachments-such-a-s-these-oo-easemems-aRd-it's-hard to get arouRd-that-prißciple.
Krebsbach stated that they are willing to sign a waiver that would release the City from any
lialJility-if-tlley had-toget ta the fofGe-rnaiR-and actually destroy. the wall. +I1is-was the
understanding ten years ago. Krebsbach stated that they set a precedent with the City in
working out a goodsitüa!io-n- fOl'aII. Krebs!Jach-stateMIIat-GauRGil-member lsso's-father
Mike was involved in the discussions. They relieved the City of some problem rental housing
and agreed !o.aJand.swap-that-wa~eve¡yone.
Schmidt asked if they had considered altemate locations for the trash receptacle. Krebsbach
stated that-they had-and-that tßis-is-really-the-ooIy locatianthat-would workc The ather spots
don't allow for the increased circulation around the building that they are looking for.
Niedel+fllel'suggested-the.front.by.t location. Krebsbach stated
that the front of the building wouldn1 work for aesthetic purposes. Niedenfuer then suggested
that they turn the receptaGle agaiR-stthe back-Iot-.fiooso--that only tile short end would
encroach upon the easement
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Twit stated that he would have a difficult time allowing any building or encroachment on the
easement period. KrebsbaGR-statedtllat-he understands-the issue of notwaRtmg.to.set a
precedent for other builders in town. He stated again, however, that they set a precedent ten
yeMS aga ·....ith the dealthatwasmade. Th-i&type oHssue was already negatiated.a.nd
should be recognized. Bettendorf asked if there was any documentation to reflect this offer
anG-flGœlJ!¡mce. KrebsbaGR-~·that-it't:as a purely.verbal-agreemen!-seaied-with a
handshake. He stated the deal was above board and should be recognized. I
koso-stated- that despite what happeRed-!eR--years ago. weoow-have aR-ardinallce. that
prohibits actions such as these. Twit added that even with the agreement ten years ago, they
aRHIQW"seeking tochang-e the lISe-ot the prapeFlyo They-are no long-er-1ookiR-gfor,(ust
parking. They want to erect structures over the easement. Krebsbach stated that the use
hasR-'t-c~at-aII, as-this situation was-contemplated-ÎI1-the-initial-Gi5GllSSiQ~s.
Bettendorf asked if they could pull the structure north so that it would be off the top of the
pipe. He ~haw.ßltlGh-spaGe would they-need-!a-aIJow-foç.!he-ciFCular 1Iow-ar00000000he
building. Bettendorf suggested that they have their architect put a template together showing
wheF~this-dumpster would sit aRd-brißø-il-back tor the Council ta r-eview-ooce-Gedar has
actually been turned back to the City. If the dumpster can be moved off the top of thè pipe
W&cooJd-exempt-that par!ion from the-easement- ~ they tUQl the
dumpster diagonally and move it up. This would allow easier access around the comer.
BettendOlf-stated-that it shauld be 8 feet affthe-pipe-so-that-itwould allly encroach-~ feet
into the easement area.
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KrebsbaGR-stated that-it-might.wofk.,- but that their initial- proposalWOlJk .be-the-~ation
from a traffic flow standpoint. Bettendorf suggested that they might not need the to feet of
sidewalk an that-side otthe OOUding-whicltwoll1d-free up-some-space foF-traffiG-fIow-as, well.
He also suggested shaving the comer off the curb.
koso asked-ìfthey.had loaked-into an "k shaped" dumpster. . Kreb€bach indicated that they
had not.
NieOOrlf/JeF-JRafJe.a-metioo to approve tfle V8fÍaf/ce peRf!ing the V8f!atioo sf Cedar street, with
the understanding that: the structure will not encroach any more than five feet onto the"
G!lRWlt-easement; tfIat.the-~wíUproviáe a hold harmleSS-~#Ie-C/ty in
the event that the structure is destroyed in getting access to the force main; that the final
dooumrmt-atieR would æw/ude-this five feet pflFt.'en flf the easement¡ and that they- ÍRG~ the
landscaping recommendations of the planning commission. The motion was seconded-by
Twit-aRd-passed~usly.
Schmidt stated that she ~,ould cðntaetthe-County and gettl1e-tum-baekprocess-sU rted.
Hiemenz asked the Council what their feeling was on the curb cut variance request. Loso .
stated that what-they ale as~ih9 fOI is t!.at S-YofeetoftJou1evarct-be lemovedwhich-makes it
easier for trucks to turn around. They are just making the boulevard more narrow. '
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Twit stated that what tI1ey-are essentiall) asking for islð-tISe"a-portioft-ßf-€ity property for
their trucks to tum around. This is something that the City hasn1 allowed anyone to dO-tn the
past ~rebsbach-stated-that-it-is-a-safetrissue for then I. "Fhe-side-Ioading-be. erage-tJ:ucks
are their biggest problem. They just want to get them in and get them out as fast as possible.
Loso-added-that-he-1Ias road right ofwayin-his-tront ~ard.
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Twit made a motion to approve the boulevard cut at the Krebsbach's expense. The motion
was seconded by Loso and-passed unanimously.
5. Consent Agenda - There were no items for the consent agenda.
6: App,ove Minutes - Loso ,"ade a III<1tioll!O applove !l,e ",illu!es, seCOIIJed by Twit.
Niedenfuer stated that in her report she wasn1 referring to that specific grant. She was
referring to- a-speciTlC"budget-item- 'Ney I <:ns ,eported that this-fund has bee!õpractically
depleted. There are some funds left but it has really been cut down.
Schmidt asked-the- eouncil-for darification 011 wh<:ther they I erne, I,ber addi"g the language
"beyond the two hour period" to the LELS contract motion. The Council directed Schmidt to
watclrthetape of the n ,ee6l1g to deterrnille how the motion was -actuai1ywoHled.
Loso made a motion to table the minutes until the next Council meeting. Twit seconded the
motiorr-and' it passed ul!êmimously.
Schmid! staled that LE:lS-l!as-iRdicateåtha!-if. the-'beyood-~ two holJl' period" is-Ieft in the
contract, they are prepared to proceed to mediation and arbitration on the issue. Schmidt
eJ{fJIained-that the past-praGtiGe-l1as been to-pay-tI1e-ÐfIiœFs-ti and a halffort!le-two hour
period. In her experience, past practice tends to govern in a mediation situation. Schmid!
stated that it is her recammendatioR-that-!he-Cotmcil withdraw the languagefrom-the-contract
as this situation is relatively infrequent and the cost of mediation/arbitration could be quite
high-. Loso made a ~t{J remove-the "lJ.eyood-the twÐ hour period" /aRguafJe from the
2000-2001 LELS contract. Twit made a second to the motion and it passed unanimOusly.
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7. BiIIs-PayaÞle-and- OveI'time/CaIIOo-so-maåe a-motio-n-to-ap the bills-payable
27857 through 27902. Twit seconded the motion and it passed unanimously. Weyrens
explained-that StearR-s-co-uRIy-~s-ready-1o- take-us-o-n-tI'IeiI'computer-systelTk- beaders-wasn't
working out for the police department. They are meeting with steams County next week
regarding. the 5IJftware and corwersioo-ef-the data.
Weyrens explained that all of the employee comp time was paid to zero. Loso made a motion
to- approvetlJe.oveFtime-aRd-Gal/oseGOfléed-/:Jy-~ The-motioR--passed
unanimously. Twit asked about the overtime for the NSP power outage. Weyrens explained
that mainteR-anGe has-tÐ-ffieck-the 1ift-statiGn-s.and-the lights.
8. Public Comments on the Agenda - There were no public comments on the agenda.
9,. PersÐnnel-Manual-- TV/it made a-motiotJ-to.ta the d,iscusEioo of the pet'SOOR9I-manual
until Council member Ehlert was present_ Niedenfuer seconded the motion and it passed
URaRimously.
1C; Propósed Sale of Surplus Ri{ ht otWay' ·llien,enz stated thathe-receiYed a letter from
Bruce Opp, the regional sales Manager for Catellus. He was inquiring about the city's
interest in acquiring surplu5lillll! or -Nay ill the COli ,,"u"i!y.- He-endosed-a IIlap which the
Council had in the packet showing the right of way that is available. Loso asked Hiemenz
about the price. Twit stated-tllat-since-we-don't-know-whaHhe-price is now,-we shouJd tell
them that we want all of it and then decide. Hiemenz stated there is a¡ chance that the state
would-buyitand then offeritio-the-£ity;-but we take a risk-in-waiting forthat-to-happert Twit
stated that the decision issllbjed·towhat weleamabaut the price. The CounciI-agreed that
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we should inquire into the entire piece.
11. Mayors-Report -HiemeRZo asked-if-the Goorn:iI-wanted- to discuss the rental-hooslng
moratorium at this meeting. Weyrens stated that she spoke with the City attomey about this
tOfJÌG· staff.collld come tothe nex!-mee!iRf¡-with-aR-OFdifIanGe for-the CoImGiI-to-revieY( that
would place a temporary moratorium on rental housing. During that time, the Council can
åireG!the PIar!IIiI1g.Commissioo-OI'a-separatebody te Iook-at-the ÌSSIIe. 1.050 made a mption
to direct staff to prepare the interim ordinance for their review at the next Council meeting.
"'FI1e-motiGR-wa-s-æcooded by Twit The-motiOR passed fJRéIfIÍfF/OLl$ly.
Hiemenz reported that the Council received a letter from Glen Deutz regarding the possibility
ef.a-Gemmunity center in St. Joseplh He-is-asking for the Gity's-StIppOrt-on-the-issue. The
letter indicated that Ms. Mary Ann Krebsbach would make a donation of land to the City if it
_tobe-useQ.fOI'a-cornmunity-Ge, Qe~recemrnende¡ 'the ~ee
to start the discussions of the planning and use of the building. Loso stated that Mr. Deùtz is
~ApriI.{ f.May. He-5II9QeSIed-!hat~wme.a-le!!er-to-¡;)eutz ~t he
spear head a committee to discuss the community center. Twit stated that even with the
OOnatiaß4t11e-Jand,tI1e-real-Gost~~Iie-ín-~maintenao,ce.
Hiemenz stated that he wanted the general public to know that pools are very expensive and
that-!l!i&facility-w_proIJab1y. ootcontain-suGl+a feature. SGI!midt-stated!hat-she-"Y0uld
respond to Mr. Deutz with a letter of support and the Council's wish for the formation of a
eommitleo. ' Niedenfller slatedtha! instead ~pooI, tIIa!-a-library mi¡¡llt-1Jea-great- pa¡:t of a
community center.
Hiemenzsta!ed-that-he- ~suppert to-the-~ys.a¡¡d-GiIIs-GJub.tc¡r a
$5,000 grant they are applying for. They are currently handling 64 youngsters per night, and
wooIG-liM additienal ftJnds-toexpanG-the program.
Hiemenz reported that he received a request from a resident that would like to see the
sidewalks OR-the Nortl1-siGe ef Minnesata-stn¡e!-soowblown-by-the City- The City is already
doing one side of the street and they would now like both sides done. Twit stated thai at
~poiRt,the Gity.wi1I-be daing-all-ot~ sidewalksID-1owIh Hieme~·sta!ed-!ha.t the
Council could think about the issue and they could talk about jt at a future date. ~
Hiernenz stated that we senta-lettel'ef.SIIf>PGF!-to-ElleR-Va1Iey.regarding the feedlat issue.
He attended the Steams County Municipal meeting where this topic was also addresSed.
On-e-ofthe-biooest-prGbIerns-remains the Ilefinitioo-ef."animakJ¡¡it~.· One anima1--lI~t can
cfIeR-.equa1.3-5..aRima1s.,0Ae4oes-notoocessarily mean one anyrnore.·-Ther-e arè two more
meetÎflgs œming up that-the CoUl1GiI should attefId. -One meeting -is on the 1ô""-iInd the-Ðlher
is on the22nd--al-St Cloud GityHaIl-.at ~ :OO.PM.
12. Council Reports - Twit stated that he had a question about the Northstar Corridor Study.
He read-over the miI!utes-froo¡.~public meeting and it appesrs-thal-there-wasllopublicJy
stated opposition to it, as well as an absence of a discussion of costs. He asked how much
more-møney- are ~5¡'IefId-OR-thi&study.- HieflleRZo-~that!hey-llave-been
commissioned by the Legislature to do this study. The question of costs will be addressed at
a-la!el'date.
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loso-asked-about the plogress-oHhe-Millstreal" Pond dredging. SChl"idt state(H~ she
would look into it. Loso also asked about the progress of the Franklin Sign relocation.
-ScI1midIstated that they--are waiting to hear back from the County OR-the-costs.- Lose stated
that he received a reqoost from a resident that a lighting stOOy -be condUGtecloo~~th--änà'17th
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JanuaFy·21, 2000
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"{9~-anctiH-$Í}~"" S~ ullidL ;:,lah;;d tlld.l ;:,1 Ie yvuuld -rontactSteamS' Eka..tl j(.. Lu~u IllØ'U't;¡ a IlIution
that Steams Electrie conduct a sl1JrJ;'of 1ffh -and 17'hfor-Council review. Twit ""vu' nltJrtthe
motion and it passed unanimously.
NieGeAfuerreperted-tllat-thesteering rommittee fer-the farmers-market-meh- 1'herewill also
be another growers meeting in February. The farmers market will be using the Del Win
parking lot. It's an ideal 1GGatioo-as-the ~~ravel and-they-Gafl shap on
pavement. The board for the farmers market is almost complete. Niedenfuer asked what the
status-efthe portable sign erdinaR-Ge ~ssue is'? Schmidt stated that the PIanRing-Gemmission
was going to review it. Twit stated that he thought the Council was going to look at the issue.
ScAmidt-stated·that-sh~wooId-havestatf leok at the numl:le~otnon profit5-ffi-!oW(1 and
potentia] signs and put the item on the agenda for the next meeting.
1-~ CleFkIAdmini that the Slate is pIad~~ on
municipal police departments to have standard training pradices for new rea1Jiits, and more specifically
to have one affice~designated as !he~{FieId-~ Sergean!-Voong.has-Ghosen
Officer Jean Gustin as the designated FTO. The state training officer association is providing a basic
certification-course from March&1ßior-$3T5;- 'Ne a, e lool\i.,g for aultio. ,,-alion to se..d OffICe. Gustin
to this training course. Twit made a motion to authorize Jean Gustin's attendance at the FTO training in
Ma«;t¡. Niedenfuer secondedlhe motioo and it-passed-unaRÍJ1 Qusly.
Schmidt staled thai the City has received a request for a video taped copy of a previous council
meeliR¡}andrealiædthat we have oo-feeestalJli-shoo for sudl-selVic&. stafHs recommonding a-set fee
of $15.00 to cover the costs of tile video tape and the time to make the recording. Niedenfuer made a
mafioo.to-.setlhe fee of$15.()().fou¡~t#a-City meetH1g.-,Twit ~toolioo and
it passed unanimously.
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13;, Miscellaneous-and Annouhcement lœms - There "ere no miscellaneous itemS to-discuss.
14. Adjourn - 9:40 Loso made a motion to adjourn, seconded by Twit. me motion passed
lJlJat"JÍf/'Wusly.
Respectfully Submitted,
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earï-SctImidt
Clerk/Administrator
Cityof-St.Joseph
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