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HomeMy WebLinkAbout2000 [12] Dec 21 Page 3827 December 21, 2000 City of St Joseph City Council Meeting 12121100,7:00 PM 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, December 21, 2000 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth Hiemenz, Cory Ehlert, Ken Twit, Maiy Niedenfuer, Bob Loso, Clerk-Administrator Cari Lindberg and Deputy Clerk Judy Weyrens. Others Present: AI Rassier, Larry Hosch, Public Works Director Dick Taufen, Police Chief Gary Will, Tom Borresch, Harry Bums, Mark Loso, Gladys Schneider, Don Schneider, Diane Schneider, City Attorney John Scherer, City Engineer Joe Bettendorf, Mitch Anderson, Audrey Twit, and Art Reber. I 2. Approve Agenda - Lindberg stated that there is only one addition to the agenda. MSA is requiring a formal resolution to be signed and sent to them stating that we have established the Municipal Stated Aid street system. Hiemenz stated that this could be put on right after item 3 so that Joe can discuss it too. Twit made a motion to approve the amended agenda, seconded by Loso. The motion passed unanimously. 3. Request to turn back C8AH 77 between College Avenue and 1st Avenue NE to the City - Mitch Anderson addressed the Council. He stated that because the MSA system proposed by the City includes County State Aid Highway 77 from College Avenue to 1 $I Ave NE, the Minnesota Department of Transportatiorr is requiring that Steams County revoke County State Aid Highway 77 to the CitY of St. Joseph. The Steams County Board will formally revoke the highway at its first meeting in January 2001. This portion of roadway will then become part of S. Joseph's Municipal State aid system, and full under the jurisdiction of St. Joseph. Anderson stated that he needs a resolution requesting that the County turn back this portion to the City. Twit made a motion to request thatthe County turn back County state Aid Highway 77 from College Avenue to 1st Avenue Northeast. Ehlert seconded the motion and it passed unanimously. Twit asked if this would have any ramifications for maintenance. Anderson explained that the City receives reimbursement for the mileage that they take care of. This will be approximately a 111 oth of a mile change in reimbursement. Jt should be very nominal. Anderson stated that they are still waiting for the signal light on Highway 75 and 133. There has been a problem with the delivery ofthe poles. 4. Resolution Establishing Municipal Aid Streets - Bettendorf explained that he learned today that the Municipal State Aid engineers need a resolution from the City establishing Municipal Aid streets. Bettendorf drafted the resolution outlining what the City has already approved. This is a mere housekeeping item. Hiemenz stated that the short portion that the County just turned back is not included. Bettendorf said he would amend the resolution to include that portion of CSAH 77 from College Avenue to 1 $I Ave NE. Loso made a motion to approve the resolution establishïng municipal aid streets, seconded by Niedenfuer. The motion passed unanimously. I 5. Consent Agenda - a. Renewal of Uquor, wine entenaínment, amusement and cigarette licenses for 2001-2002 b. Vons offsite gambling permit c. Appointment of Gary Utsch to the Housing Task Force - d. Resolution Approving 2001 Budget I e. Approval of $604 expenditure for joint lobbyist for the APO f. Approval of $379. 43 for City's poItion of the St. Cloud Area Joint Planning District expenses to bring the Board's obligations to an end g. Application for Payment #4 Gopher State - $68,140 Loso made a motion to approve the consent agenda, seconded by Ehlen. The motion passed unanimously. I i i I I I Page 3828 December 21, 2000 I Hiemenz stated that the resolution approving the budget establishes a 4% increase. Weyrens added that they Council reduced the Capital outlays by 20%. She also added that the budget has been reduced by $100,000 since what was certified in September. 6. Bills Payable and Overtime - Loso made a motion to approve the bills payable, seconded by Niedenfuer. Weyrens stated that she would like to add one bill to pay the rural loan $29,155. Hiemenz called the question and the motion passed unanimously. Niedenfuer made a motion to approve the overtime and callouts, seconded by Loso. The motion passed unanimously. Twit asked why Sergeant Young put in for a half hour less than the other officers for diversity training. Chief Will stated that he was there the same amount of time as the other officers. He just put in for less time. 7. Public Comments on the Agenda - Gladys Schneider asked if the liquor license fee had gone up this year. Weyrens stated that it was raised $25.00. I Art Reber asked ifthe snowmobile route had moved. Ehlert stated that he can report on the Lake Wobegon Trail. Reber said that the snowmobiles are very noisy and are running at all hours of the night. Will stated that the cut off is 9 PM. Ehlert stated that he would check with the Snow Joes about signage and the possibility of moving the trails. Reber asked ifthe incident from April two years ago had been settled. He wanted to know if the tape of the disorientation could be broadcast on cable. Hiemenz stated that he doesn't know what good that would do. Will explained that they need to keep the tape for 10 years as evidence, but that if the Council so desires, they could copy the tape and check it out to the public. Reber stated that he thinks the public should be able to view the "wiener roast" for themselves. Will stated that he thinks that the Council should speak with the City attorney about this issue before they would make it available to the public. Loso stated that they also might want to refer it to the Cable Commission as it may not even frt their guidelines for playing on the public channel. 8. Approve Minutes - Loso made a motion to approve the minutes of November 3cf', 2000, seconded by Twit. The motion passed unanimously. Twit made a motion to approve the minutes of December 7, 2000, seconded by Ehlert. Hiemenz had one change to the last page changing "St. Cloud" to "St. Paul." The motion passed unanimously. I 9. Tom Borresch Variance Request - Cartson stated that the Planning Commission held a public hearing on November 13th on Mr. Borresch's variance request. The purposed of the hearing was to consider a variance request to allow an addition to the building located at Lot 2, Block 1 of the Neu Addition. owned by Tom Borresch without meeting the exterior building material requirements. The Planning Commissiorr voted to approve the variance to repair and construct the addition to the building using steel siding without meeting the 50% requirement in 52.22 Subd. 7(c) provided that the siding materials used consist of a 4 foot high strip of vinyl material resembling brick be placed on the South side of the building and to the overhead door on the east side of the structure. Borresch addressed the Council. He stated that using brick would be very costly for them. They would like to use this brick look alike siding called "nailite." They are proposing suing it on the front side of the building so it is visible from Highway 75. Ehlert stated that this meets the aesthetic requirements that were contemplated by the ordinance. Twit stated that it should also be on the west side of the building as that is also visible. He stated that he would like to see it around all sides of the building. Why should GM drilling have to look at an unattractive side. Borresch stated that it isn~ cost effective to put it on all sides. If that were the case, they would just look at constructing another building. Twit made a motion to approve the variance with the west side included. He stated that this is a considerable break from the ordinance requirement of 50%. Cost should not be considered a hardship for the purposes of granting the variance. Borresch stated that he understands the intent of the ordinance, but if that is what is required, Page 3829 December 21, 2000 they may be forced to just do nothing. Ehlert seconded the motion for the purposes of discussion. Ehlert suggested that perhaps it could just wrap around to the overhead door on the West Side. Borresch said they could look at that and if it's not cost effective, they just won't do it. Twit amended his motion to approve the variance with the addition of the nailite on the west side to the overhead door. Ehlert seconded the motion and it passed unanimously. Borresch stated that he would just have to put the figures together and see how it came out. I 10. Sidewalk request - Dick Taufen - Taufen reported that the city reÅ“ived an anonymous letter regarding a sidewalk plowing request. They are requesting that two additional blocks on Minnesota Street be plowed, as the rest of Minnesota street is. They currently plow the east end of Minnesota street from end to end. On the north side, they plow to the gas station and not the two remaining blocks. Hiemenz stated that the ordinance states that the Council can establish a public safety district in that area so that the sidewalks can be plowed. Niedenfuer made a motion to establish these remaining two blocks as a public safety district so they will be plowed. Ehlert seconded the motion and it passed unanimously. 11. Public Hearing - Loso's Pub - Hiemenz stated that this is a continuation of the hearing for Loso's pub. The Council tonight needs to decide on the penalty for Loso's violations. The Attorney has informed the Council that they could give a warning, a penalty, a suspension a revocation or a combination of the above. However, they would like to' give Mr. Loso and his representation an opportunitY to speak. Mr. Harry Bums addressed the Council. Bums stated that he is the attorney for Mark Loso. He would like to see the hearing re-opened so that they could present evidence. He was unavailable the night of the last meeting. He stated that he does not feel that adequate notice was given for the hearing. He did not receive his notice until the Monday before the hearing. Mr. Loso received his the week before. Bums said he was out of town until Monday and got his then. He advised his client to wait, as he could not be present. He does not want his client to be penalized for his inabilitY to be available on that date. Bums stated that this is fundamentally unfair and they did not have the opportunity to present witnesses or to cross examine. Scherer stated that the evidentiary portion of the hearing is closed but that the Council will hear any mitigating factors that Mr. Loso would like to present. Bums stated that they didn't bring any witnesses tonight as they read the minutes and knew that the Council had already made their decisions. Scherer stated that the Administrator didn't have the authority to grant a continuance. The Council was presented with the options and they chose to move forward. They were aware for your objections to the notice, but felt that it was sufficient. Twit stated that it would have helped even if Loso had come to the meeting and explained the situation, but no-one came. Hiemenz said again that they could present whatever mitigating factors they would like to right now. Bums reiterated again that he has serious due process concerns in that there wasn't proper notice. Lindberg stated that the Council announced the hearing at the meeting on November 16 and the meeting was broadcast and re-broadcast on cable over and over. It was published in the Newsleader on December 1 st. A letter was sent to Mr. Loso on November 27'" and it was copied to his attorney after that. Chief Will also called Mr. Loso a number of times and never got a call back. Loso stated that he only received one call. He explained that the first violation was a mistake on the part of a bartender. The second the bartender was fired and the third a person was waiting to drive one of the employees home. Loso stated that he didn't think they would be required to wait outside. Scherer asked if new employees were told about the City ordinances and were aware of what they can and cannot do. Loso said yes and that there is a written close up procedure. I Ehlert made a motion to impose a $600 fine with $300 stayed and a 3 day suspension stayed for one year with no same or similar circumstances. Hiemenz seconded the motion. Niedenfuer stated that this doesn't seem like enough to cover our attorney's fees. Twit made a motion to amend the original motion to suspend for seven days, with four days stayed and a $500 fine as long as no same or similar situations occur. Niedenfuer seconded the motion. The motion passed 4:1 with Ehlert voting no. Twit stated that tool need to decide which three days would be suspended. Scherer suggested January 2-4 . Twf made a motion to I I I I Page 3830 December 21, 2000 suspend the license January :f'd, :Jd, and 4'h, seconded by Niedenfuer. The motion passed 4:1 with Ehlert voting no. , 12. Department Head Reports - Carlson stated that he has been working on behalf of the City and Park Board as a coordinating member of the Central Minnesota Regional Parks and Trails Coordination Board. During the past year and a half, the Board had developed a set of . priorities for the region and the creation of a regional systems plan. At a recent board meeting, the members prioritized the projects and determined that Benton County's project was the top priority of the region. Carlson is seeking approval of the resolution of support for Benton County's purchase of property on the Mississippi river as a regional park. Loso made a motion to approve the resolution, seconded by Niedenfuer. The motion passed unanimously. Judy Weyrens requested the Council take action to close the 1992 Bond Fund, DBL Lab Sanitary Sewer Improvement. The City called the bonds and paid the balance on December 1, 2000. While the bond issue has been paid, the CitY will continue to receive assessments over the next 8 years in the amount of approximately $ 154,000. Since the assessments were originally issued for utility services, it would be reasonable to transfer the fund balance and future assessments to a uüJity type fund. Twit questioned the deficit fund balance in the 1992 Street Improvement Fund and if monies should be transferred to support this fund. Weyrens recommended the Council transfer $1 0,000 into the 1992 Fund and the balance of future assessments into the Trunk Sewer Fund. At a future time the Council could transfer funds out ofthe Trunk Sewer Fund if needed. I Twit made a motion to close fund 310, DBL Labs Improvement Bond Fund and transfer the fund balance as well as future assessments to Fund 501, Trunk Sewer Fund. The motion was seconded by Loso and passed unanimously. Twit made a motion to transfer $ 10,000 from Fund 501, Trunk Sewer to Fund 308, 1992 East Baker street Improvement Bond Fund; seconded by Loso and passed unanimously. Chief Will reported to the Council that Paul Schley has pneumonia and will be off for a few days. Will reported that the funeral home is requesting that they be allowed to buy temporary no parking signs on stakes similar to shat the Police Department currently uses for temporary no parking situations. They would use them during funerals at the Catholic Church. Theywill pay for them and maintain them so there is no cost to the City. Will has reviewed the situation and recommended that the Council authorize it. Ehlert made a motion to approve the funeral home's request, seconded by Twit. The motion passed unanimously. 13. Alcohol Matrix - Chief Will reported that the Alcohol Compliance Committee met and put in a lot of effort, time and heated dialogue into the matrix. They were given the U of M matrix as a model and the Council now has what they put together. The Council can either adopt the matrix, change it, do nothing or send it back for review by the Committee. Hiemenz stated that he feels this matrix is a very watered down version. Twit agreed. He stated that he does not agree with recommendation #3 that the violation is by the day and that it is reset back to zero at the beginning of every month. The violation period should be for the licensure period, 12 months. Twit argued, in many ofthese categories, the City is telling them that it is ok to break the law. I Loso stated that he does not like recommendation #4 that stated that the Council reviews the City Ordinance on person under 19 from being in bars to see if it is still necessary. It was discussed thaUhis arises for weddings and rented events at some of the· establishments. I Twit stated that he doesn't like #5 that a charge 1)f under 21 in a bar where the person has not been drinking not be considered a bar violation for the matrix system. Will explained that this was another situation that was discussed in relation to rented everrts like weddings. An underage person may have to walk through the bar to get to the bathroom during a wedding Page 3831 December 21,2000 reception. Should that be a bar violation? Twit stated that there will always be situations like that and the matrix should not be nit picked to death. Chief Will explained though that the more situations they cover in the matrix, the easier it will be for everyone. Hiemenz asked the Council if they would like to discuss the matrix tonight. They agreed!. The Council changed the matrix to the following: I Violation .¡sr- ir1d 3'" 4"' 1. Commission Revocation NIA N/A NlA of a felony related to the license 2. Sale of Revocation NlA NlA NlA alcohol while license susnended 3. After hours 2 day 4 day 12 day revocation sale suspension suspension suspension and $250 fine and $5X) fine and $750 fine 4. Refusal to $250 fine 2 day 4 day revocation let police in suspension suspension and $5CXJ fine and $750 fine 5. $150 incident $300 $600 $1,000 and Salelpurchase 5 day tolby an suspension underage "'""'on 6. Afte~~Ur $150 $300 $600 $750 consum Ion 7. Failure to $50 $100 $150 Continue take steps to at$l50 stop persons from leaving with alcohol 8. Sale to intox. $150 $300 $600 $1,000 and person 5 day ion I Wrll explained that the gambling portion was not included as it is regulated by the state. Niedenfuer made a motion to adopt the revised matrix, seconded by Loso. Ehlert stated that this is very different from what the committee put together. He feels that there was a lot of time put in and now it appears it was just wasted. If the Council was going to do this from the beginning, they shouldn1 have sent it back to the Committee.. Hiemenz stated that they were given the original U of M matrix and told to use that as a starting point. The Council had no idea what the Committee was going to come back with. Niedenfuer stated that in her opinion, the matrix was very slanted for the bars. She was on the committee alnd felt that the final version was too lenient. Ehlert stated that although he knows that it won't happen, he would like the Council to send this back to the Committee for further review. Hiemenz called the question and the motion passed 4:1 (Ehlert voting no). 14. Revised Joint Powers Agreement for the St. Cloud Joint Planning District - Hiemenz stated that they would like the City to approve this document before the end of the year. Twit asked if this is tying the City to any Mure financial obligations. Hiemenz said no. Twit made a motion to approve the revised joint powers agreement for the st. Cloud Joint Planning District, seconded by Loso. The motion passed unanimously. 15. Phone System Proposal - Undberg stated that the CitY was given the option to buy the Merlin system from the bank for $1,000. We haven't given them a check for the phones as of yet. The City contacted Schwegel telephones to install the system. When they determined that the City currently has the Partner system, they recommended upgrading the Partner system and installing it instead. The Partner system will allow for internet use and voicemaiL Schwegel quoted the city $1713.59 for the system upgrade and insta'llation. Lindberg explained that the Cjty would have to buy one 18 button phone to do the programming, but that we would be able to re-use our existing phones. Schwegel also informed the cjty that I ¡ I I Page 3832' , December 21, 2000 I they could get $50 per Merlin phone. Ehlert suggested contacting Greg Reinhart at the bank to see if he would be willing to just take the trade in price for the phones instead of the $1,000. Lindberg said that although they haven't given them a check, there was a gentleman's agreement. Ehlert suggested that they ask anyway. Ehlert made a motion to approve the installation of the Partner system and the proposal for $1713.59 from Schwegel telephones. Twit seconded the motion and it passed unanimously. 16. Personnel Policy - Hiemenz stated that he asked that this item be plaCed on the agenda. There were a few issues that were left to be decided upon and he wanted to bring them to the Council's attention. They can either act on them tonight or wait and have the new Council address them. Lindberg stated that there were two issues that the Council had disagreed upon: the sick leave accrual and whether scheduled vacation was to be included in the computation of overtime. Twit stated that he thought those were decided upon. Lindberg stated that we are in the same place as the last time we discussed these items. It may make more sense to wait and settle the union contract and then address the personnel policy. As it stands right now, there are only two employees that it applies to: the Administrator and the Chief of Police. Twit stated that the personnel policy should be decided independently and not as a result of the union contract. Lindberg stated that she agrees but that it might turn into a book keeping nightmare if there are two employees that have a different policy than the rest of the employees. The Council can wait and see how the union contract turns out and then change the personnel policy at that time if they wish. The Council took no further action. I 17. Miscellaneous - Food Shelf - Hiemenz reported that he met with Ann Scherer and Dorothy Sadlo and they are interested in using the police station for the Food Shelf. They are currently in the Whitney House. They Mayor would recommend that this be allowed. Twit asked about the length of time and Hiemenz said they would move in after the Police moved out. Niedenfuer made a motion to make the existing police department space available for the food shelf. Twit seconded the motion and it passed unanimously. 18. Reports - Hiemenz stated that he received a request from the Rod and Gun Club that they would like a waiver of the portable sign fee for an event they are holding in January. The cost of the permit is $25.00. Hiemenz added that the fee is low so that it would be affordable for non profits. The Council took no action on this item. Hiemenz reported that he and Jim Marthaler attended the Wastewater Advisory Commission meeting today in St. Cloud. The next meeting will be in 2001. The new Council will have to decide who will serve on this committee. Twit had no report. Ehlert had no report. Loso stated that he would like approval to attend the Experienced Officials conference. Ehlert stated that he would also like to attend. Lindberg explained that they could make the motion now but that the money would still come out of the 2001 budget. Twit made a motion to authorize Ehlert and Loso to attend the 2001 Experienced Officials conference, seconded by Hiemenz. The motion passed unanimously. Niedenfuer had no report. Lindberg stated that this is her final Council meeting. She would just like to thank the Council for everything they've done in the past year and a half. She added that the City has a fantastic staff and it's been a pleasure to work with each of them. She wished the Council good luck in their1uture endeavors and stated that she would miss St. Joseph. Hiemenz expressed thanks for Lindberg's work on behalf of the Council and wished her well in the future. I 19. Adjourn -Loso made a motion to adjourn at 10:55, seconded by Twit. The motion passed unanimously. Respectfully Submitted, Page 3833 December 21, 2000 I Cari Lindberg ClerklAdministrator City of Sl Joseph I I