HomeMy WebLinkAbout2001 [09] Sep 06
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September 6, 2001
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular sessioh
on Thursday, September 6, 2001 at 7:00 PM in the St. Joseph City Hall.! I
Members Present: Mayor Larry Hosch. Councilors Cory Ehlert, Bob Loso, AI R~ssier, Kyle Schneider. I
Administrator I Clerk Judy Weyrens. I
Others Present: City Engineer Joe Bettendorf, Kay Lemke, Margo Wagner, Marrit Elliot, Kelly Aus, Lance
Honer, Nettie Pfannenstein, Bob Pfannenstein, Lori Pfannenstein, Nel Pfannenstein, Teresa Bohmen, I
Bob Wagner, Erin Bartlett, Julie Schilmoeller, Gary Skramstad, John Eizen, Ross Denny. I
Approve Aqenda: Loso made a motion to approve the agenda as presented with the deletion of I
item #5, Request Authorization to Block a portion of Minnesota Street for a Homecoming Parade.
The motion was seconded by Schneider and passed unanimously.
Consent Aqenda: Loso made a motion to approve the consent agenda as follows:
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a. Bills payable - Check numbers 30131 - 30222 I
b. Minutes-August 16, 2002 !
c. Authorize the Mayor and Clerk to execute the Developers Agreement between the City of
St. Joseph and the Developers of the Indian Hills Park Plat.
d. Approve the Proposed Tax Levy as follows:
General Fund Levies
General, Fund Tax Levy
299,997
Bond Indebtedness
1993 Street Improvement
1997 Fire Facility
1996 E MN StlUtility Improv
1992 East Baker St. Improv
1998 Street Improvement
1999 Stearns Cooperative
2000 City Hall
Special EDA Levy
21,000
41,170
75,000
9,000
7,450
29,155
102,000
284,775
The motion was seconded by Rassier and passed unanimously.
Public Comments to the Agenda
Rental License 121 Ash Street East: The tenants of 121 East Ash Street appeared before the Council
to request reconsideration of the rental license revocation for said address. Ross Denny, tenant, stated
that it is his opinion that the Council has excessively punished the tenants at 121 Ash Street East. I
Denny requested the Council consider allowing the tenants to remain in the rental unit through December
15, 2001. Denny stated that most of the tenants at 121 East Ash Street would have been leaving in
December and by granting the extension it will not create an undue hardship for them.
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Denny stated that the fine imposed by the Council resulted in the tenants losing their rent money, damage
deposit and lost money on the improvements that they made to the property. He further stated that he
had the opportunity to review the past noise violations in relation to fines that were imposed. Denny I
referred to a party that was held at the Farside where eight (8) kegs were confiscated and 74 minors were
cited for consumption. When the issue came before the Council the landlord was only fined $ 1,000 and
the tenants were not evicted. I
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September 6, 2001
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In an effort to provide a compromise, Denny suggested the Council consider a third party landlord for 121
Ash Street until the next license year. The third party landlord would be responsible for paying the rent I
and any City fines. Left over funds could establish a community project fund. Denny also requested the
Council consider reducing the fine in lieu of community service, of which the City could be the recipient.
Finally, Denny requested the Council delay any eviction to December 31, 2001.
Nettie Pfannenstein of 208 East Ash Street expressed frustration with non-tax paying residents asking for
options for an offense that they as tenants committed. She stated it is her opinion that as young adults
they make a choice and if a bad choice is made then there are consequences. The property at 121 Ash
Street has historically had several noise complaints, some of which were not reported to the Police
Department. Pfannenstein stated that while she empathizes with the tenants, they chose to have a party
and knew the risk of such.
Hosch stated that the City Council was acting in accordance with the Ordinances that regulate rental
housing. As stated earlier, the property in question has a history of noise violations and the Council is at
the step where suspension of the license is warranted.
Roy Denny, parent of one of the tenants, stated that the students have learned their lesson and are sorry
for the disturbance to the neighborhood. It is his opinion that it does not servl~ any purpose to evict the
tenants and the Council should establish policies to punish the landlord.
Rassier made a motion upholding the prior decision of the Council to sllspend the rental license
of 121 Ash Street East effective September 16, 2001 and impose a $ 1,000 fine. The motion was
seconded by Loso.
Discussion: Schneider stated it is his opinion that it is bad policy to reconsider an action of a
previous meeting and encouraged the Council to support the council action of August 2, 2001.
Ayes: Loso, Rassier, Schneider
Nays: Hosch, Ehlert
Motion Carried 3:2:0
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Ciqarette License Violation. St. Joe Gas & Bait: The Council reviewed an alleged cigarette violation for
St. Joe Gas & Bait. The violation occurred on July 16, 2001 as part of the annual compliance checks.
Their has been some confusion as to where the cigarettes were actually purchased, the liquor store or the
convenience store. Ehlert made a motion to acknowledge that a cigarette violation did occur on
July 16, 2001 at the St. Joe Liquor Store and impose a $ 50.00 fine. However, due to confusion at
the time of violation, the fine will be stayed for a period of 12 months provided no similar
violations occur. The motion was seconded by Loso and passed unanimously.
Lance Honer. Annexation Request: Lance Honer appeared before the Council to request annexation of a
parcel of property adjacent to County Road 2 and north of the existing City limits. The property contains
approximately 9.25 Acres and is zoned as A40. Honer requested that when the property is annexed to
the City it be classified as R3 to allow for the construction of a multiple family complex. The complex will
include housing for all ages including a senior unit.
Rassier stated that Honer appeared before the Planning Commission and they recommended the City
Council annex the property and zone it as R3. It was the understanding of the Planning Commission that
multiple family would be a good use of the property but requested that the property be platted within 12
months of annexation. Weyrens clarified that a public hearing regarding the rezoning has been
scheduled for November.
Rassier made a motion to annex the following described property:
That part of the Northwest Quarter of the Northwest Quarter of Section 10 in Township 124 I
North, of Range 29, less the Northerly 26 rods thereof, and less that part thereof lying
Southerly of the Great Northern Railway right-of-way, and less that part platted as Lot 12
of Auditor's Subdivision No.4, and Addition to the City of St Joseph, and less railroad
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September 6,2001
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right-of-way, and subject to highway easement and. other easements and restrictions of
record. Containing 11.84 acres, more or less I
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The motion was seconded by Ehlert and passed unanimously.
City Engineer Reports
Loop Water Main. CR 133 to Water Tower: Bettendorf presented the Council with an estimate to install a
16" water main from County Road 133 to the water tower. This water extension was an item that has I
been placed on the capital improvement plan and brought forward at this time since the Indian Hills Plat is
being developed. It is not necessary to install the line at this time, but Bettendorf stated he wanted to I
make the Council aware of the needed extension. The cost of the extension is approximately $ 225,000
and will be paid for through development. Ehlert questioned at what time the extension is needed, to
which Bettendorf responded when growth taxes the system.
Ehlert made a motion to delay extending a 16" water line from County Road 133 to the water
tower. The extension should be placed on the capital improvement plan for future consideration.
The motion was seconded by Rassier and passed unanimously. I
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Development Manual: Bettendorf reported that he has been working on a development manual to be I
used to guide development. The manual will include policies, ordinances and time tables for i
development. . I
St. Cloud Chamber of Commerce: St. Cloud Chamber of Commerce Executive Director Teresa Bohnen
appeared before the Council to request membership of the City of St. Joseph. . The St. Cloud Chamber
represents approximately 1100 organizations in the St. Cloud area. In addition the Chamber conducts I
monthly meetings with the area Mayors to address the concerns of the community. The membership to
the St. Cloud Chamber provides St. Joseph with access to the Minnesota Chamber of Commerce. Based
on the number of employees employed by the City of St. Joseph, the annual membership fee would be $
405.00. Loso made a motion authorizing membership to the St. Cloud Chamber of Commerce and
payment of the annual dues in the amount of $ 405.00. The motion was seconded by Schneider
and passed unanimously. I
Garv Skramstad. Police Chaplaincv Proqram: Pastor Gary Skramstad appeared before the Council tol
present information on the Police Chaplaincy Program. Skramstad stated that the program was originally
started by the St. Cloud Police Department and over the past months it has been expanded to the area
police departments, both City and County. i
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Skramstad stated that the mission statement of the program is to serve those who serve and protect our
community in law enforcement, fire protection and emergency services by providing spiritual, emotional,
and physical support to those servants of the community, their families and those they serve with I
professionalism and integrity. 'i
The role of the Chaplaincy program is as follows: death notification, homicide/sLcide cases, fatal or
serious injury accidents and fires, major community disasters, critical incidents, comfort to families and
victims, line of duty injury or death, personal issues of department/agency personnel, teaching course$,
ride along, and assist with public ceremonies. I
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At this time Skramstad stated that he is requesting that the Council become part of the Chaplaincy I
Program. Since the program is in 'the beginning stages there is not a monetary contribution required for
participation. Skramstad stated that he is in the process of applying for grant funding to make the project
self sufficient. However, their may a time when a financial contribution is required.
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Rassier made a motion to support the Central Minnesota Chaplaincy Program; seconded by
Hosch and passed unanimously.
September 6,2001
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MAYOR REPORTS
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Sewer Capacitv Purchase. City of St. Cloud: Hosch reported that he attended a meeting of the St. Cloud
City Council whereby they unanimously agreed to sell the City of St. Joseph the additional sewer capacity
requested. In addition they agreed to reduce the amount of interest charged if the City paid for the
additional sewer capacity in full before November 30, 2001.
COUNCIL REPORTS
LOSO
Street Liqhtinq: Loso requested that the utility providers be contacted to complete an audit of street
lights. He stated that while walking at night he noticed a number of lights that do not work.
RASSIER - No Report
EHLERT - No Report
SCHNEIDER
Park Board Membership: Schneider reported that the Park Board has a vacancy and is requesting to fill
the vacancy by appointing Chuck Muske. Muske has previously been a member of the Park Board and is
requesting to be re-appointed. Loso made a motion to appoint Chuck Muske to the Park Board as
requested; seconded by Hosch and passed unanimously.
ADMINISTRATOR I CLERK REPORTS
City Annex Disposal. 21 _1st Avenue NW: Weyrens reported that the successful bidder for the purchase
of the property located at 21 - 1 st Avenue NW is requesting compensation for delays in closing.
Auctioner Frank Imholte was present and stated that the successful bidder agreed to purchase the
building for $ 73,0000. Since the auction, the closing has been delayed due to lack of an abstract and I
issues that arose when the abstract was completed. Imholte further stated that when the abstract was
drafted, the abstract company used the wrong property causing an additional delay. When the actual
abstract was reviewed it was determined that the house encroached the alley.
The successful bidder is requesting a reduction in the price as he had scheduled a contractor to begin
work and since he could not start, accepted work elsewhere. Further, the tenants that agreed to move in
the new building needed to find interim housing. Hosch made a motion to table this matter to
September 12, 2001; seconded by Loso and passed unanimously.
Seren Franchise: Weyrens reported that an attomey for Seren suggested that the City go through the
notice and application procedure again with respect to the Seren Franchise to eliminate any questions
regarding the procedure. The publication for the franchise must be published twice and it appears as
though it was only published once. The re-issue of the franchise would avoid any potential issues
regarding validity of the franchise. Loso made a motion to conduct the necessary hearing to re-
issue the Seren Franchise; seconded by Schneider and passed unanimously.
Surplus Squad Car: Weyrens stated that the City published and accepted bids for the sale of the 1994
surplus squad car. The following bids were received: Bill Wasner - $ 637; Mike Sworski - 587. Ehlert
and Rassier recommended the City keep the squad car as an extra car for all departments to use. Ehlert
made a motion to table action on the sale of the 1994 squad car to dete:rmine if the car has use to
the City departments; the motion was seconded by Hosch and passed unanimously.
Adiourn: Loso made a motion to adjourn at 9:00 PM; seconded by Ehlert and passed unanimously.
Judy Weyrens
Administrator Clerk
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