HomeMy WebLinkAbout2002 [05] May 02
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May 2, 2002
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PUTSuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on
ThUTsday, May 2,2002 at 7:00 PM in the St. Joseph City Hall,
Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Al Rassier, Kyle Schneider.
Administrator/Clerk Judy Weyrens.
City Representatives Present: City Engineer Joe Bettendorf, City Attorney John Scher~r, Public Works Directo~
Dick Taufen, Police Chief Pete Jansky. I
Others Present: Scott Rongaien, S. Phyllis Plantenberg, Delrose Fischer, Jim Greave, Rich Heid, Bob Herges.
Approve A2enda: Loso made a motion to approve the agenda with the deletion of item 3(b) minutes; and the
addition of item 8 (i) Northland Phase Six. The motion was seconded by Scbneider and passed unanimonsly.
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Consent A2enda: Ehlert made a motion to approve the consent agenda as follows:
a. Bills payable check numbers 31135 -31188
b. Removed
c. Accept the application for Lawfùl Gamblingfrom the St. Joseph American Legion Club Post 328
for Gambling at the St. Joseph American Legion Club. I
d. Authorization to hire two fùll time seasonal maintenance workers at an rate of $ 8.00/hour.. ,
e. Four day liquor license for the St. Joseph Parish for an event to be held July 2 -July 5,2002,
Discussion: Weyrens clarified the gambling license for the American Legion should extend to the yearl
2004, not 2002 as stated on the application.
Tbe motion was seconded by Rassier and passed nnanimously.
Public Comments
Jim Graeve of 619 Minnesota Street East requested the Council table any action on proposed amendments ;0 the
Sign and the R-3 Multiple Family Ordinances, He further stated that it is his opinion that the Comprehensivd Plan
should be completed before any Ordinances are revised unless a particular Ordinance addresses a safety issue. I
Tree Committee: S. Phyllis Plantenberg and Ernie Diedrich, representing the Healthy Community Partnership
appeared before the Council to request authorization to plant trees in the right-of-Way on 4th Avenue NE. I The
project consists of planting approximately 20 trees adjacent to 4th Avenue NE between Minnesota Street and Cpunty
Road 75. Plantenberg stated that the HCP has received letters of support from the First State Bank ofSt. Joseph and
the St. Joseph Fire Chief. Further, verbal support was obtained from Casey's General Store and the two property
owners on the corner of 4th Avenue NE and Minnesota Street East. Plantenberg further stated that the HCP will
provide the trees including the planting of such and request the City Maintenance staff water the trees, I
Rassier questioned whether or not the trees will be planted in the easement area as thè Bank approached the ~ity to
plant trees and were denied as Ordinance No. 36 prohibits such. Plantenberg clarified that the proposal doès not
include planting the trees in an easement area, rather in the excess road right-of-way. ì . I
Hosch stated that while he feels the project is worthwhile he has some concerns, Before the trees are planted he
would like the Public Works Director, City Engineer and Fire Chief to review the tree placement and appro';'e the
plan. He further questioned if the Tree Committee is seeking approval to become a Tree City USA at this' time.
Plantenberg responded that while the goal is to become a Tree City, it is not being requested at this time. I
Bettendorf stated that the committee should plant a variety of trees to reduce the risk of disease, He further ~tated
that they should make SUTe that the species of trees can survive the additional heat from placement adjacent I to an
asphalt sUTface, Plantenberg responded that the following trees have been selected: Linden, Ash and Sugar Maple,
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The HCP also hired a consultant to help design placement and species of trees to help assure they would endure the
additional heat.
EWert questioned the width of 4th Avenue NE in relation to the proposed location of the trees, and if the HCP has
considered what affect installation of a sidewalk would have on their plan. Bettendorf clarified that 4th Avenue NE
has a right-of-way consisting of 66 feet with a paved surface of 44 feet. Therefore, there is II feet rem.;n;ng on
each side of the pavement. Bettendorf stated that if sidewalk is installed, it should be placed on the east side of 4th
Avenue NE for a width of six (6) feet.
Schneider stated that while the project may be worthwhile, he questions the cost to the City for mamtenance of the
trees.
Loso made a motion to authorize the planting oftrees along 4th Avenue NE with the following contingencies:
1. The trees will be planted at least six feet from the pavemenL
2. Letters of agreement from the following property owners will be filed with the City Offices:
Bill & Delores Lowell, Charles & Judy Fuchs, First State Bank of SL Joseph, Casey's Store.
3. Approval ofthe City Engineer, Public Works Director and Fire Chief.
The motion was seconded by Ehlert and passed nnanimonsly.
Steve Ha= Rental Housing Inspection Fees: Weyrens reported that the League of Minnesota Cities Insurance
Trust requires all independent contractors to provide the City with a certificate of insurance. In the past the City has
considered the Rental Housing Inspector as an independent contractor. Rentn Inspector Steve Hagman is
requesting a $ 30.00 per hour increase to cover the cost of insurance and taxes, Weyrens recommended the City
employ Hagman for the rental license period August IS 2002 to August IS, 2003. Further, during the next year
City staff will review the rental fees and alternatives available for inspection servie<os. Rassier made a motion to
change the statns of the Rental Housing Inspector from independent contractor to employee for the license
year 2002 - 2003. The motion was seconded by Loso and passed unanimously.
Scenic Specialties Landscaping Companv. Sign Variance Reanest: Rassier reported the Pla.nning Commission
conducted a public hearing for a one-hundred ten foot variance on the maximum size of a business sign for Scenic
Specialties, The Planning Connnission is in the process of recommending an amendment to the sign ordinance
whereby the sign requested would not require a variance upon Council approval of the amendment. Therefore, the
Pla.nning Connnission recommended approval of the variance.
Ehlert made a motion to accept the following findings of the Planning Commission in approval of the
variance; seconded by Schneider and passed unanimously.
RESOLUTION OF FINDING
The request of Scenic Specialties, Randy Schmitz for a one-hundred ten (110) foot variance on the maximum size of
a business sign came before the Pla.nning Commission at a Public Hearing held on April I, 2002 and tabled to April
23, 2002,
The property is legally described as follows:
The West Half of the Northwest Quarter of the Southwest Quarter (W1/2 ofNW Y. ofSW Y.) of Section 2,
Township 12, Range 29, except and reserving all that part described as follows: Commencing at the Southwest
comer of said NW Y. of SW Y. of Section 2 and running thence East 2 rods; thence North 2 rods; thence West 2 rods
to the Section line; thence South 2 rods to the place of beginning. Also the North 30 acres of the Northeast Quarter
of the Southeast Quarter (NE Y. ofSE Y.) of Section 3, Township 124, Range 29. Also the North 1.5 rods of the
East 42 rods of the Southwest Quarter of the Southwest Quarter (SW Y. ofSW 1.4) of Section 2 and the North 1.5
rods of the West 20 rods of the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW1/4) of Section 2, in
Township 124, Range 29.
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May 2, 2002
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Together with a road easement described as follows: the East 2 rods of that part of the Jl!2 of the SWII4 ofseJion
2, Township 124, Range 29 lying North of County Road No, 133; also the North 2 rodsofthe East 990 feet of said
S 1/2 of SW 1.4; also the Southerly 2 rods of the Easterly 675 feet of said S 1/2 of SW1.4 lying northerly of said i
County Road as measured along the northerly right of way of said road,
This is a corrective deed to correct a typographical error in the quit claim deed ftom Grantor to Grantee dated Juhe
4,2001 and filed June 6, 2001 as Docwnent No. 969650. It is the intention of the Grantor and the Grantee that there
be no gap between the fee simple parcel conveyed by this deed and the road easement cíeated by this deed. I
St. Joseoh Code of Ordinances No. 52.14 Subd 121a) states that the area on one side of all such signs erected on
one street frontage of anyone premises, shall not exceed f¡fry (50) square feei. I
In consideration of the infonnation presented to the Planning Connnission and its application to the ComprehenSive
Plan and Ordinances of the City of St. Joseph, the Plauning Connnission makes the following fmdings: .
FINDING: The proposed plan is consistent with the following provisions: I
St. Joseoh Code of Ordinances 52.8 subd la) states: ''That there are exceptional or exJ..ordinary circumstances þr
conditions applying to the property in question as to the intended use of the property that do not apply generally ¡to
other properties in the same zoning district. The exceptional or extraordinary circumstances must not be the result of
actions taken by the petitioner. I
FINDING: If a business is to be successful, proper signage must be allowed. Therefore, since Scenic!
Specialties is located on a County Road with high traffic moving at fast speeds a business sign needs to be
larger. Not allowing the sign would cause a hardship,
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St. Joseph Code of Ordinances 52.8 subd. (b): "states that the literal interpretation of the provisions of this I
Ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under
the terms of this Ordinance", I . I
St. Joseph Code of Ordinances 52,8 subd.IO): "states that granting the variance requested will not confer on the
applicant any special privilege that is denied by this Ordinance to other lands in the same district". '
City Engineer Reports
5'" Avenue NW Street Reoair: City Engineer Joe Bettendorf presented the Council with an estimate to repair the
drainage issues on 5'" Avenue NW, The cost estimate for construction is $5,367.00. i Bettendorf further stated that
the road was reconstructed in 1984 and will need to be overlayed in the near future, ! I
Ehlert stated that in his opinion the repair should be integrated into the Capital Improvement Plan as it appears as
though the road will need repair within the next two to three years. Further, the Council did not budget for the
repair to 5'" Avenue NW, .
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Hosch concurred with Ehlert and stated that since the area needing repair will not damage the infrastructute the
repair should wait until it is budgeted. The Council by consensus agreed not to repair the portion of 5'" Avenue NW
as requested. I I
Birch Street W Street Width and Drivewav: Bettendorf stated that he met with Mike Deulz regarding the property
he owns between I" Avenue NW and College Avenue North, Bettendorf stated that Birch Street West Will be
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reconfigured when the street project is completed, Currently the road has a width ftom44', (starting at I" Avenue),
decreasing to 28' as it approaches College Avenue. When the street is reconstructed the road will have a width of
40 feet and curb will be installed to defme parking, While the property owner may lose some parking in ftont bfhis
building, additional street parking will be available. !
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Another concern along I" Avenue NW is the entrance to the convenience store. The'City has classified I" A~enue
NW as a State Aid Road, As such there are certain design standards that must be met, including the maxþwn
amount of driveway approach allowed. The convenience store currently does not have curbing, which is a
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requirement of State Aid. If State Aid does not accept the design, the City bas two choices: I) Adhere to the design
standards of State Aid; 2) Remove the State Aid designation,
Sidewalk Alternate Concrete vs, Pavers: Bettendorf reported that he contacted the County Engineer regarding the
possible modification of the plans for County Road 121 to inclnde paving stones for sidewalk. The County Engineer
requested that this issue be considered as a change order. The current plans for County Road 121 include a
provision that will require the contractor to remove the existing sidewalk without penalty. If the City chooses to
install paving stones a separate contract would be prepared with Borgert Products.
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Authorization to Advertise for Bids: Bettendorf stated that the design process is nearing completion for the 2002
Street Improvement Project. At this time Bettendorf requested the City Council authorize the advertisement for bids
with a bid opening date of June 7, 2002. Loso made a motion adopting Resolu1tion 2002-12, Advertising for
Bids for the 2002 Street Improvement Project. The motion was seconded by Schneider and passed
unanimously.
Resolution No. 2002-13
A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids
WHEREAS, pursuant to a resolution passed by the council on May 2, 2002, the city engineer (consulting engineer
retained for the purpose) has prepared plans and specifications of the following area: First A venne NW from
Minnesota Street W to CSAH 75; Second Avenue NW from Minnesota Street W to CSAH 75; Birch Street W from
Second Avenue NW to College Avenne N; Ash Street W from Second Avenne NW to College Avenne N; Ash
Street E from College Avenue N to Third Avenue NE; Second A venne NE from Ash Street E to Alley N; Alley
between Second Avenue NW and First A venne from mid-block to Birch Street W; Alley between Ash Street W and
Birch Street W from mid-block east to First Avenne NW; Alley between Second Avenue NW and First Avenue NW
from mid-block N to Ash Street W; Alley between Minnesota Street W and Ash Street W from mid-block west to
Second Avenue NW; Alley between Minnesota Street W and Ash Street W from mid-block west to First Avenue
NW; Alley between First Avenue NW and College Avenue N from Ash Street W to Birch Street W; Alley between I
Ash Street Wand Birch Street W from First AvelJUe NW to College Avenue N; Alley between College Avenue N
and First Avenue NE from Ash Street E to CSAH 75; Alley between Ash Street E and! CSAH 75 from College
Avenue N to First Avenue NE: Alley between First Avenue NE and Second Avenue NE from Ash Street E to Alley
N; Alley between Ash Street E and CSAH 75 from First Avenue NE to Second Avenue NE; Alley between Ash
Street E and CSAH 75 from Second Avenne NE to Third Avenue NE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MTh'NESOTA:
I. Such plans and specifications, a copy of which is attached hereto and made a part hereal; are hereby approved.
2, The city clerk shall prepare and cause to be inserted in the official paper and in St Cloud Times an
advertisement for bids upon the making of such improvement under such approved plans and specifications.
The advertisement shall be published for 10 days, shall specify the work to be done, shaI1 state that bids will be
opened and that the responsibility of the bidders will be considered by the councjl at 7:00 p.m on June 28,
2002, in the council chambers of the city hall, St. Joseph. AD.y bidder whose responsibility is questioned
during consideration of the bid will be given an opportunity to address the council on the issue of responsibility.
No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's
check, bid bond or certified check payable to the clerk for five percent of the amounts of such bid,
Resolution for State-Aid Parkin2: Bettendorf stated that State Aid Roads are required to be designed with parallel
parking. Therefore, the Council will need to adopt a resolution stating such. Rassier made a motion to adopt
resolution 2002-14, Parallel Parking on designated streets; seconded by Loso and passed unanimonsly.
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May 2, 2002
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Resolution No. 2002-14
A Resolution for Parallel Parking Only
WHEREAS, the City ofSt. Joseph has submitted to the Connnissioner of Transportation the plans and specifications
for improvements of the following streets: Second Avenue NW from Minnesota Street to CSAH 75, First Avenue
NW from Minnesota Street to CSAH 75, Ash Street from Second Avenue NW to First Avenue NE, and Birch Street
from Second Avenue NW to College Avenue. 1
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WHEREAS, state-aid funds will be expended on the improvement of this street, and i . I
WHEREAS, the approved state aid standards as applicable to this project limit and restrict all parking to that wmch
is parallel with the curb. I
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NOW, THEREFORE, BE IT RESOLVED that City of St. Joseph shall require that parking of all vehicles withiri the
corporate limits on Second Avenue NW, State-Aid Route No, 101; First Avenue NW, State-Aid Route No. 102; I
Birch Street, State-Aid Route No. 103, and Ash Street, State-Aid Route No. 104, be parallel with the curb in .
accordance with the State-Aid Standards. ,I
Sidewalk Reauest 2nd Avenue NW: The City received a request to consider installirlg sidewalk on the east side of
2nd Avenue NW, Bettendorf stated that the terrain of the property would make sidewalk difficult to nktall.
However, when 2nd Avenue NW was reconstructed, a ledge was installed on the west side of 2nd Avenue NW fdr the
possibility of sidewalk in the future. The Council was in general agreement to add sidewalk along the western side
of 2nd AvenueNW. I
St. Cloud Trunk Sewer: The City received a letter from St. Cloud regarding the plans for the installation of trunk
sewer pipes to serve future growth on the east and southeast sections of the metropolitan area. Bettendorf ~tated
that since the City recently purchased additional sewer capacity allowing the city to pump 2,1 million gallons per
day, St. Joseph would not need to purchase additional space, St. Joseph currently has enough pumping capacity to
serve approximately 25,000 residents. The issue raised by St. Cloud has a greater impact on Sartell and Waite Park.
Hosch stated that a letter needs to be forwarded to the Wastewater Advisory Board stating that St. Joseph do.!s not
need to purchase additional space. Further, the letter should state the City also is against any deviation Ifrom
established policy for providing sewer capacity. '
El Paso Sewer Re-Location: Bettendorf stated that he met with the owner of the El Paso to discuss the relocatibn of
the sewer line for their property, and the need to acquire easements for the installation of such, He further stated that
he informed the property owner that while the City will pay for the installation of the new main, it will be the
responsibility of the property owner. i· 1
Northland Plat Six: Bettendorf stated that the Council will need to determine ifNortWand Six will be completed as
a City financed project. Based on the financial projections for the existing City projects, the City may not be able to
provide bonding for Northland Six, The developer has stated that regardless of the financing mechanism he prefers
to install the improvements as a City project. I
The Council recessed for 15 minutes at 8:20 PM, I
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Graceview Estates: City Attorney John Scherer updated the Council on the status of the Memorandum of
Understanding between the City of St. Joseph and the College of St. Benedict. At this time the College ¡'f St.
Benedict is willing to execute the lease agreement for the temporary construction road and discuss the iItility
easements. While they agree to the easement, compensation for the easement has not been determined, The CÓllege
is objecting to being assessed for the proposed north access and would like assurance from the City that they would
not be assessed in the future, Scherer stated that when meeting with CSB representatives two weeks ago he
indicated the City could not waive future assessments, but would be willing to look at assessing the property based
on the use or development of such. 1
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At this time it appears as if the City and College have reached an impasse. If the City wishes to pursue the needed
easements and right-of-way condemnation may have to be considered, The condemnation process includes the
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May 2, 2002
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court appointment of three independent appraisers to determine the fair market va]'ue based on comparable sales.
The advantage to the City is that comparable sales are recent and it should be relatively easy to determine a fair
market value. If the City is to pursue condemnation approximately 3 to 3.5 acres of property will be sought.
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EWert stated that the Council made a connnitment to the neighborhood regarding the ingress/egress. He further
stated it is his opinion that the constmction road should be provided on the north access as construction companies
are less likely to use the southern access. Hosch stated that in his opinion the City has exhausted all possible
alternatives and therefore must pursue this course of action.
Loso stated that he does not feel the City should pursue the north access as we haye previously indicated that we
would be willing to wait for a period of two years, Hosch stated that whìle the City originally agreed not to pursue
the north access, it was in compronúse to receiving the southern utility easements and construction access. Scherer
stated that the City can continue to negotiate the easements and road right-of-way while preparing the necessary
paperwork for condemnation, Before the proceedings can be tiled, Bettendorf will need to prepare legal
descriptions for the property sought to be acquired,
Ehlert made a motion authorizing the City Eugineer and City Attorney to prepare the necessary papers to
begin condemnation proceedings for the securing of ntility easements and road right-of-way from the College
of St. Benedict. The motion was seconded by Rassier and passed unanimously.
Ordinance Amendments - Sign and R3 Multinle Familv: Loso made a motion to table the proposed Ordinance
Amendments until May 20, 2002. This meeting will be a joint meeting between (:he City Council and Planning
Commission to discuss the proposed modifications. The motion was seconded by Ehlert and passed
unanimously.
Department Head Reports - Public Works
Road Restrictions: Public Works Director Dick Taufen discussed road restrictions on local roads. Roads that are I
not posted are considered seven ton roads. Taufen requested the City consider posting residential roads as five ton
roads. The Council requested that Taufen and Bettendorf prepare a map indicating maximum tonnage for all roads
and the cost to sign roads that are less than seven ton,
2nd Avenue NW Sidewalk: Taufen stated that it is his recommendation that the residents along 2nd Avenue NW be
polled as to whether or not they are interested in sidewalk, The residents on Ash Street East were surveyed and he
encouraged the Council to be consistent in their decision making process,
Baseball Park Parkine Area: EWert stated that he would like the Council to consider and overlay of the street by the
baseball park area as it is in dire need of repair. Loso stated that it is his understanding that the road has deteriorated
to a point where overlaying the road is no longer an option. Taufen recommends installing a catch basin to lengthen
the life of the road,
Department Head Reports - Police
Denartment Undate: Police Chief Pete Jansky reported on the following:
· He will be out of the office ITomMay 13 to May 18.
· Two candidates were interviewed for part-time employment. Background checks will be completed in
approximately two weeks, at whìch time he will report back to the Council
· Reported on the good relationshìp with the student bodies from St. Ben's and St. Jolm's and anticipates an
uneventful senior farewell,
MAYOR REPORTS
St. Cloud Area Plannine Board: Hosch stated that he recently attended the St. Ooud Area Joint Planning Board I
where the Comprehensive Plan for the City of St. Augusta was discussed. Affordable Housing will be the topic for
the next.
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May 2, 2002
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Mavor's Lunch: Hosch attended the Mayor's Lunch where the main topic of discussion was senior farewell. The
main event will again be held at the Del-Win Ballroom. The meeting was also a farewell for Jim Hardwick who has
taken a new position in Montana,
Millstream Arts Festival: Hosch stated that he is part of a committee attempting to move the Millstreaml Arts
Festival back to the City of St. Joseph, The festival was originally started by the St. Joseph Chamber of Comillerce
and the event has grown to 3000 participants.
COUNCIL REPORTS
SCHNEIDER
Park Board - Nortlùand Plat Six: Schneider reported that Ted Schmid of Lumber One Avon appeared before th
Park Board to discuss the park dedication requirement for Nortlùand Plat Six, Schmid requested the Park Board
consider installing a pool in the Nortlùand area, The Park Board agreed to investigate the costs and types ofpoÓls.
The main factors to consider are cost and liability, '
EWert requested that the Park Board consider a pool as many residents have requested some type of water park. The
pool does not ueed to be in Nortlùand and alternative locations should be considered. I
Wobegon Trail: Schneider reported that members from the Wobegon Committee met with a representative froJ the
Department of Natural Resources regarding the grant subnùttal for the proposed WelcoIning Center. While the I
grants have not been awarded the City is in the final round of candidates, l
Town/Gown Baseball Tournament: Schneider reported that the 2nd Annual Town/Gown Softball Tournament WIll
be held on May 4 and May 5. The fundraiser is a cooperative effort between the St. Joseph Park Board, St, Joseph
Recreation Association and St. John's Student Senate, .
EHLERT i
Maintenance Facilitv: EWert reported that the Maintenance Facility Committee hls meet and toured a fLility
similar to the one proposed for St. Joseph. A fmal proposal will be presented to the Council for consideration and
financing. The Council agreed to meet in special session on Tuesday, May 15 at 6:30 PM to discuss the facilitY and
financing options, i
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Fire Board: EWert reported that the Fire Board meet on May I, 2002, The new ladder truck has arrived and has
been put into service. The truck being replaced has been advertised for sale with a bid opening scheduled fo~ May
15, 2002, EWert reported that representatives from the Fire Board will approach St. Wendel Township regarding
an outstanding amount due on their fIre contribution for the year 2001. i I
Minnesota Street Building Repair: EWert requested that the City require the property owner of the f9nner
Laundromat be required to repair the broken window, The window has been broke for more than a year anð does
not present a good image on Minnesota Street. < i
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Rental House Clinton Village: EWert expressed frustration with the property located on the comer of 6th A ~enue
NW and County Road 2, The property cUrTently has a camper parked on the front yard for sale. Additionally EWert
requested that the property owner be notifIed that the front yard needs to be seeded or sodded, EWert stated that he
tried to contact the property owner without success. !
Recreation Association: The Recreation Association will be hosting the State Softb~ll Tournament this year I The
tournament will be held the weekend of July 27,2002,
May 2, 2002
Page B ofB
Administrator/Clerk Reports
Excess Right-of-wav. 121b Avenu NE: Weyrens reported that she has been contacted by a property owner requesting I
to purchase the surplus 121b Avenue NE right-of-way. The property is located east of 121b Avenue and south of
County Road 75. The Council was in general agreement to consider the sale of such and requested additional
information,
League Annual Conference: Weyrens reported that the League of Minnesota Cities Annual Conference is scheduled
for June 18 - June 21, The Council authorized all Council Members to attend the conference. The regularly
scheduled Council meeting of June 20 will be moved to June 27.
Adiourn: Loso made a motion to adjourn at 9:30 PM; seconded by Hosch and passed unanimonsly.
~;~ JJ;~
Jud Weyrens
A . trator/Clerk
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