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HomeMy WebLinkAbout2002 [12] Dec 19 December 19, 2002 , I ~~lr3 Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session on Thursday, December 19, 2002 at 6:00 PM in the SI. Joseph City Hall. I Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, AI Rassier. Administrator Judy Weyrens. Absent: Councilor Schneider. Others Present: Councilor Elect Dale Wick, Police Chief Pete Jansky, Rob Robinson. Approve Aaenda: Ehlert made a motion to approve the agenda with the following additions: 5 (a) Pending Lawsuit, Landfill; 5 (b) Junk Car Ordinance; 5 (c) AED Purchase. The motion was seconded by Loso and passed unanimously by those present. I Consent Aoenda: Ehlert made a motion to approve the consent agenda as follows: a. b. c. d. e. f. g. h. I i. Minutes - Approve the minutes of December 5, 2002. ' 2002 Comprehensive Plan - Adopted resolution 2002-_ Repealing the 1997 Comprehensive Plan and adopting the 2002 Comprehensive Plan. , i County Road 133 - Accept the resolution of Stearns County designating County Road 133 as a County State Aid Road. I' i Ordinance Amendment - Amend Ordinance 71 to allow fot seasonal outside alcohol between the months of May 1 and November 1 with outside sales ending at 10:00 PM. I Gambling Premise Application - Accept the gambling application for the St. Joseph Jacycees to conduct lawful gambling at 24 Birch St. W, JM Speedstop. i Application for Payment NO.3-Authorize the Mayor to execute pay application 3 for the CR 121 Reconstruction and authorize payment to Steams County Highway in the amount of $ 817,727.67. 2003 Budget - Authorize the Mayor and Clerk to execute Resolution 2002-_ Approving the 2002 Tax Levy, Collectable 2003. I Special Use Request, Mike Deutz - Accept the recommendation of the Planning Commission and grant a Special Use to Michael Deutz to construct a mini storage facility on 1 fI" A venue SE. I Variance Request, Daisy A Day - Accept the recommendations of the Planning Commission and grant a ten foot variance on the maximum size of a sign to Daisy A Day. 1 The motion was seconded by Rassier and passed unanimously by those present. I 2003 License Renewal: Ehlert made a motion to approve the following licenses for the year 2003: I I , , American Legion: Cigarette License; 4 - Amusement License; 1 - Entertainment License Bo Diddley's: On-Sale Non-Intoxicating License Casey's: Ci9arette License ' College of SI. Benedict: On-Sale Non-Intoxicating License; 4 - Amusement License: Strong Beer License EI Paso: Cigarette License; 11 - Amusement License I JM Oil Company: Cigarette License; Oft-Sale Non-Intoxicating License La Playette: Cigarette License; 10 - Amusement License Lighthouse: None Loso's Pub: Cigarette License; Oft-Sale Non-Intoxicating License; 8 - Amusement License; 1 - Entertainment License Loso's Store: Cigarette License i Sal's Bar: Cigarette License; Oft-Sale Non-Intoxicating License: 7 - Amusement License: 1 - Entertainment License SI. Joseph Amoco Liquor: Cigarette License: Off-Sale Non-Intoxicating License: SI. Joseph Gas & Bait: Cigarette License SI. Joseph Liquor Shoppe: Cigarette License SI. Joseph Recreation Association: On-Sale Non-Intoxicating License SI. Joseph Saints: On-Sale Non-Intoxicating License Super America: Cigarette License The motion was seconded by Ehlert and passed unanimously by those present. I December 19, 2002 Page 2 of3 Administrator Reports I Pendino Lawsuit. Landfill: Weyrens reported that the City has been served with papers naming the City of SI. Joseph as a defendant in a lawsuit filed by Travelers Insurance. The lawsuit has been initiated by Travelers Insurance and names area state and local governments as defendants. The lawsuit references a landfill that was used by the named parties and is for the time period 1965 to 1986. While the League of Minnesota Cities provides insurance coverage to Cities, this lawsuit is before the League provided insurance. Therefore, they will not be defending Cities on this matter. However, the League has agreed to coordinate the efforts to help reduce costs. Weyrens stated she will update the Council as more information is available. Junk Car Ordinance Amendment: Loso stated that he requested this matter be discussed as he has been approached by JR Studniski, owner and operator of JR's Mobil. St:udniski is requesting that the Ordinance regulating Junk Cars be amended so that as a business he could continue to store cars that are unlicensed and inoperable. Loso stated that Studniski is claiming that the new Ordinance approved by the Council negatively affects him. Police Chief Jansky clarified that the recent Ordinance Amendment adopted by the Council did not change the regulations affecting StudniskL The Ordinance that has been in place for the past years prohibited the storage of inoperable and unlicensed vehicles unless they were stored behind a fence. Jansky stated that he is charged with enforcing the Ordinances as they are written and does not have the ability to pick and choose who must follow the regulations. The Ordinance needs to be applied to all residents equally. Ehlert and Rassier stated that they have too been contacted by St:udniski and he is requesting some relief from the Ordinance. Ehlert stated that he is not opposed to giving Studniski an extended time period to construct a fence, but feels that the property should be kept to the same standards as all other property in I the City. Rassier stated that while he empathizes with Studniski, he believes the Ordinance does not need to be amended. Rassier stated that during his conversation with St:udniski he agreed to install a ten foot fence in the Spring of 2003. The construction of the fence would place the property in compliance with the Ordinance. Weyens stated that the City has received numerous complaints about the properties located on 19th Avenue NE and amending the Ordinance may impact the ability of the City to resolve those complaints. Weyrens further stated that the Ordinance Amendment has already been published and is in effect. Any change at this time would require an additional amendment which the Councill would need to consider at the next Council meeting. Hosch stated that he too has been contacted by Studniski and believes that the matter can be resolved without amending the Ordinance. Hosch stated that he would prefer to work with St:udniski and provide an extended timeframe for the construction of a fence. Ehlert stated that he would consent to giving Studniski until July 1, 2003 to construct a fence but believes the property should be in compliance with the Ordinance. Studniski's property is located on one of the most visible intersections of the City and it should portray a positive image of the City. Hosch stated that since this matter was not on the agenda formal action cannot be taken at this time. The Council was in general agreement to discuss this matter on January 2, 2003 if St:udniski appeared before the Council to discuss this matter. Capital Equipment Purchase: Police Chief Jansky approached the Council to request authorization to purchase an AED for the squad car. Two of the squad cars already carry an ¡'\ED and the purchase of a third AED provide all squad cars with the necessary equipment. Jansky stated that he contacted David I Klinefelter regarding the potential funding of the AED. Klinefelter stated that the fund has a balance of approximately $ 3,800 and he would release the funds to the City of SI. Joseph if requested. Jansky stated the AED is approximately $ 1,300 and requested the Council send a letter of request to David I I I I I , December 19, 2002 Page 3 Of 3 Klinefelter for the release of funds to pay for he AED. Ehlert,ml!de a motion authorizing the purcha$e of a third AED at a cost of $ 1,300 provided the funding of the equipment is contributed from the Klinefelter foundation. The motion was seconded by Rassier and passed unanimously by those present. Adiourn: Loso made a motion to adjourn at 6:40 PM; seconded by Hosch and passed unanimou Iy by those present. 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