HomeMy WebLinkAbout2000 [11] Nov 02
Page 3805
November 2, 200()
City of Sl Joseph
City Council Meeting
11102100,7:00 PM
1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St.
Joseph met on Thursday, November 2,2000 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Mayor Kenneth Hiemenz, Cory Ehlert, Ken Twit, MarY Niedenfuer, Bob
Loso, Clerk-Administrator Cari Schmidt and Deputy Clerk Judy Weyrens.
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Others Present: AI Rassier, Larry Hosch, Steve Lovold, Public Works Director Dick Taufen
and Police Chief Gary Will.
2. Approve Agenda - Schmidt stated that there was one change to the agenda. Item 3a, the
resolution annexing the properties abutting County Road 121 will be on the next agenda
instead of this meeting. Twit made a motion to approve the agenda, seconded by Loso. The
motion passed unanimously.
3. Approve Consent Agenda -
a. Authorization to purchase a radio for the police department in the amount of $952.27.
Loso asked if this was a necessary expenditure. Will stated that the radios failed during the
disorientation in the Spring. This purchase will be to replace one of those radios. Twit made a
motion to approve the consent agenda, seconded by Ehlert. The motion passed unanimously.
4. Department Head Reports -Police Chief Gary Will reported that quite a few years ago, the
College of St. Benedict's requested 90 minute parking on College Avenue for visitor parking.
Since that time, they have added new parking lots. I received a request from the college's
Chief Physical Plant and Facilities Management that the time limit be removed and that the
'same restrictions that apply to other City streets" be used.
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There are several issues, first in regards to the 90 minute parking. The police department
does not have a recommendation either way for this request. Will stated that he received
complaints that people cannot find a spot to part at the college when they need to visit and he
sees the empty spaces in the parking lots. However, we do have time limits in other areas of
town. In general, Will stated that he does not like time limit parking like this unless there are
parking meters. Short term limits (15 minutes, for example) are relatively easy to enforce for
any police agency.
Second, the parking prohibitions on the street also include no overnight parking. There is
nothing in the college's request that addresses this issue. Will stated that he does not know
why there is no overnight parking there. This should be addressed in the same motion as the
90 minute parking.
Finally, next spring/summerlfall, the road is going to be tom up and during this time, he does
not expect that any parking will be allowed. Will asked if we want to change the parking now
or look at the issue while the road is under construction to determine what is in the oveall
best interest for traffic safety so when signs go back up we can have no sings, the same
signs or something entirely different. If this option is used, Will stated that he would
recommend some committee made up of police, public works, colleges, students and at least
one area resident, preferably one who lives on 121 or just off of it to work on the issue maybe
from Minnesota south to the City limits.
Loso stated that he thinks that this is a County decision and not one for the CitY. Will stated
that it is our decision as it deals with time limits and parking only. He has already spoken
with Milch Anderson about it. Will stated that it does not matter to him, but a decision does
have to be made. Niedenfuer stated that this parking is mainly for St. Bens, so if they don't
want the limits, we should do what they want. Will stated that the parking there is also for the
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November- 2, 200tJ
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apartments across the street. Niedenfuer made a motion to abolish the 90 minute parking
restriction on College Avenue South. Will asked about night parking. Njedenfuer amended
her motion to also include no overnight parking. Ehlert seconded the motion and it passed
unanimously.
Will reported that Officer Windels broke his leg over the weekend in the line of duty and
would be out for six weeks. Ehlert asked if Will need the Council to authorize the hiring of
some part time officers. Will stated that he was under the impression that he already had that
and could hire part timers to fill in as needed. '
5. Public Comments on the Agenda - There were none.
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6. Minutes - Ehlert stated that he would like the language changed on page 4 where it states
that "Ehlert took exception to the comments by Weyrens and stated that the budget has not
been set." Ehlert stated that the word "exception" makes it sound like it was a disagreement.
He would like it changed to "understood." He also asked for the word "final" to be placed
before "budget." The sentence would then read "Ehlert understood the'comments by
Weyrens and stated that the final budget has not been set." Loso made a motion to approve
the minutes as corrected, seconded by Ehlert The motion passed with Twit and Hiemenz
abstaining.
7. Steven Lovold - Sleven Lovold addressed the Council. He stated that he lives at 22 _ 16th
Ave SE, which was formerty 30408 - 91 $I Avenue. Lovold state that he wants to know why
he has to pay the water hook up fees of $1 ,000 when he isn1 presently hooked up to City
water. He has a good well and was told by GM Drilling that they should have good water for I
a number of years. Lovold stated that when the City sewer project went by his house, they I
were told that they had a one year from the completion date to hook up to City sewer and that
there was no limit on hooking up to water because the City knew they had wells they still
wouldn't have to dig up their yards twice. He claimed they were never told that by doing so
they would be required to pay the fees, He received a bill for the hook up at the beginning of
the summer. Lovold stated that -at some time he wiJ/ need the City water and will need to pay
the fee. He just doesn't need this vet. Lovold emphasized that he would be glad to have his
home inspected at any time to prove that he is not using City water, nor does he have any
plumbing inside his house that would allow him to hoop up to it. Lovold stated that he spoke
with Dick Taufen one day who admitted to him that communication was one of the biggest
problems with this project.
Weyrens submitted a memo to the Council explaining that in June 1999, the City Council
allowed the residents along 90th and 91 st to delay paying the water hook up for one year.
Each resident was asked to sign a letter of understanding that the money was due on or
before July 1, 2000 or the amount would be submitted to the County Auditor for collection in
2001. Mr. Lovold signed the agreement, along with eight other residents. Mr. Lovold is one
of two residents that have been certified to the auditor for collection, Mr. Lovold told the City
staff that he was of the understanding that he could not receive City sewer services until he
signed the form. He also indicated that he felt forced to sign it.
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Loso stated that the Council has a copy of the agreement that he signed on November 15,
1999 where he "agreed to pay the $1,000 water hookup fee on or before July 1 m 2000."
Lovold stated that he only found out about the requirement when he came in to pay for his
sewer services. He felt forced to sign the letter otherwise he wouldn1 have signed it. Lovold
stated that they never would have put the line to the house if they had known about this
payment requirement. They were told that it made more sense to do it then so that they
wouldn't have to tear up their yard twice.
Hiemenz stated that there were two thing that were communicated about this project: that
they were not required to hook up to City water, but it they run the line to the house they
would have to pay the hook up charge. Anhough this is a fee up front, they are saving on
excavation costs.
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November 2, 200D
Lovold stated that the problem that he has with this is that they were not told that they had to
pay the hook up fee when they installed the line. Had they known about it then, they wouldn't
have taken the action they did. Ehlert stated that it's unfortunate that he felt duress in signing
the letter. There were some clear communication issues with this project and the City is
working on those issues. Urrfortunately, he explained, the CitY has been taken advantage of
in the past. Those few "bad apples" have ruined it for everyone else. Residerrts could hook
up to water and the City would have no idea. Lovold stated that his was one of the first lots
that was finished.
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Twit stated that Lovold should have come to the CitY in November of last year when he fett
forced to sign the sheet if he was that concerned. Why did he wait until a year later to bring it
forward? Twit stated that the form was pretty clear and he should have known what he was
signing.
Niedenfuer made a motion to deny the request to waive the hook up fee. Twit seconded the
motion.
Lovold stated that he understood but that the City has to make It clearer to people. They
cannot change the rules mid project. Ehlert stated that the rules were not charged here - they
may not have been perfectly communicated, but they were not changed.
Hiemenz called the question and the motion to deny the request to W8Iive the hook up fee
passed unanimously.
Lovold stated that he also discovered that there are people on Joseph Street that have
hooked up to the City water and have never paid to hookup fee. Taufen confirmed this.
Schmidt stated that she would look into this issue and bring it to an upcoming Council
meeting.
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8. City Engineer Report - Amy Schaeffer addressed the Council about repairing the
Millstream storm sewer outlet. They would still like to get this done this fall. The culvert is
made up of two feet s4ections of pipe that are not connected so that the water can flow
through. The pieces are falling into the river so they need to fix that and repair the bank with
riprap. The new pipe will be bent so that it helps with the flow of the water. There are a few
trees that might be lost but they will save as many as possible, Joe Bettendorf, Dick Taufen
and the S. Phyllis Plantenburg and S. ReÎVÍer met to talk about this. Niedenfuer asked if this
could be considered a beautification project. Schaeffer explained that it is beautification and
stabilization. Ehlert asked about the side rails on the walking bridge. Taufen indicarted that is
also something that should be addressed at some time. There is monlsy available in the
budget for this project. Schaeffer stated that they are estimating the project to run between
$25-30,000. They would like to go ahead and get two estimates from contractors. Loso
made a motion for SHE to get a minimum of two quotes for the project and proceed as long
that the total project costs do not exceed $30,000. Niedenfuer seconded the motion and it
passed unanimously.
9. Steve Hagman - Final Rental Report - Steve Hagman reported that all of the annual
inspections have been completed at this time. There are 111 total rental addressed in the
City with 304 rental units within those addresses. Hagman thanked thle CitY staff for their
help. He stated that he believes that the CitY now has safer rental units than before. He
focused on some safety issues that the prior inspector didn't look at, such as the lack of GFI
outlets, smoke detectors and open stairways. He stated that he wrote compliance orders for
These problems and would be looking at them next year again. Hagman indicarted that the
ones in the best shape were the ones that were professionally managed. Hagman will
continue to inspect the properties once the residerrts are in each fall. Ehlert asked if Hagman
had any suggestions of things to do. Hagman suggested having the landlords do periodic
inspections themselves. Niederrfuer stated that he has done a great job and wonders if he
shouldn't check on the properties that he wrote the serious compliance orders on. Twit asked
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about the occupancy issues. Hagman said he found a few problems with that but he required
them to remove the extra bed. Twit encouraged Hagman to do some follow up investigating I
of these properties. Hagman stated that many of the landlords agreed to lower their capacity
rates voluntarily_ I
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The other issue is in regards to Linda Sniezek's mother's house. The Council granted I
Sniezek a temporary rental permit for six months with the understanding that she would come
before the Council and give an update at that time. She has indicated that she cannot sell
the property because of the Living Willltrust situation on the property. The Council agreed
that Sniezek should come to an upcoming meeting and report on the current status and in
addition, provide proof of their legal inability to sell the property.
Finally, Hagman stated that the Hcensing period needs to be changed to September and
October.
10. Reports - Mayor Hiemenz reported that he atlended a number of meetings. He attended a
meeting in St. 'Cloud regarding the sewer issues that are affecting the region. They would
like to put together an ongoing group that will meet to talk about the isSues. Jim Marthaler
should attend as a staff person and they would like a ·political" person to attend as well. He
would like the Council's approval to attend those meetings. Twit made a motion to authorize
the Mayor to attend the st. Cloud sewer rate meetings as the City's political representative_
Loso seconded the motion and it passed unanimously.
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Hiemenz also reported that he attended a number of meetings. He attended a meeting in St.
Cloud regarding the sewer issues that are affecting the region. They would like to put
together an ongoing group that will meet to talk about the issues_ Jim Marthaler should
attend as a staff person and they would like a ·political" person to attend as well. He would I
like the Council's approval to attend those meeting. Twit made a motion to authorize the i
Mayor to attend the St. Cloud sewer rate meetings as the City's political representative. Loso
seconded the motion and it passed unanimously
Hiemenz also reported that the Stearns County Board held their meeting here this month.
Hiemenz reported on some news regarding MNDOT acquiring part of the Wobegon Trail.
Loso stated that also long as we-are talking aboutthe rail, he would lik¿ 1st Avenue NE
opened up across the tracks. Hiemenz stated that this area isn't built for the kind of traffic
that would ensure, and MNDOT would most likely not open it up. Hiemenz stated that we
should ask Bettendorf to address this issue, but that we can certainly make the request.
Niedenfuer reported that the candidate forum was a great success and that it will be
rebroadcast everyday at 9:00 AM and 6:30 PM. Ehlert had nothing to report.
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Twit stated that he would be remiss if he didn1 mention the number of tails that he received
from residents upset about the Council salary vote that was taken at the last meeting. It was
stated at the meeting that they had to discuss it at that meeting when in fact it could have
been done at this one. Also, it was mentioned at the meeting that he was talked to about the
issue and he never was_ In fact, if he had been there he would have voted against it. The
Council has been representing a 1 or 21 % increase to the employees and then they give
themselves 100%. It's a morale issue. Twit stressed that he isn't against a raise, just the
extreme percentage that was given. There should have been some sort of progressive plan
instead of doing it aU at once. Niedenfuer stated that she voted against it_
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Ehlert stated that he only voted for it with the idea that was talked about later in the last
meeting that the Council could choose to waive part of their fee_ Hiemenz stated that couldn't
be done. The Council has to set the raise before the election and cannot change it after.
Twit added that it would be an administrative nightmare too if some Council members waived
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part of their fee and others didn't. Twit stated that his concern is that they treat themselves
the same way they are treating the employees.
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Loso stated that he is in favor of what was voted for and that he hasn't received any negative
feedback. He understands though that in the future the Council shoutd! use some progressive
plan for this type of an increase instead of doing it all at once. Twit agreed.
Schmidt reported on a number of upcoming meetings.
11. Adjourn - Twit made a motion to adjourn at 9:15 PM; seconded by Loso. The motion
passed unanimously.
Respectfully Submitted,
Cari Lindberg
ClerklAdministrator
City of St. Joseph
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