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HomeMy WebLinkAbout2010 [06] Jun 17June 17, 2010 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, June 17, 2010 at 7:OOPM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Al Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Finance Director Lori Bartlett, Public Works Director Terry Thene and Police Chief Pete Jansky Others Present: Tom Klein, Bob & Ellen Wahlstrom, Thomasette Scheeler, Ken Hiemenz, Fran Court, Samantha Bushey. PUBLIC COMMENTS Ken Hiemenz approached the Council on behalf of the American Legion Post 328 and read a letter regarding the status of their liquor license. He stated that they are opposed to the transition of their liquor license from a Club License to an Intoxicating Liquor License. Frank and Hiemenz exchanged information via email prior to the meeting and Frank stated that they discussed how some of the neighboring cities handle this type of situation. According to Hiemenz, most of them are classified as "clubs ". Rassier questioned whether or not there are some activities for which a fee is charged to which Hiemenz responded there are. In those cases, he added that the fee is different based on whether or not they are club members. Frank stated that he would like to pull this item from the agenda for further discussion. Approval of the Agenda: Wick made a motion to approve the agenda with the following additionsideletionsichanges: Move 4(f) Liquor License j 4(d) Bills Payable Add 4.1 Fire Relief Financial Report Add 8(b) Release Claim — Clinton Village Add End Closed meeting to discuss proposed final contract Add 7(b) Seal Coating — CR121 The motion was seconded by Symanietz and passed unanimously. Consent Agenda: Frank questioned a few of the items included in the Bills Payable. He questioned why Cold Spring Electric and East Side Glass Company were hired to work on the door at the Fire Hall. Weyrens stated that they installed the handicap accessible door opener at the Fire Hall. With respect to the bill for Inspectron, Frank questioned why the City is being charged for a Fire Test at the Graceview Estates Apartments. Weyrens advised the Council that the Fire Suppression Test is required by the State and is paid for with their Building Permit. Frank made a motion to approve the consent agenda as follows: a. Minutes — Approve the minutes of June 3, 2010. b. Bills Payable — Approve check numbers 042949 -042998 and EFT numbers 000416 -000420 and 000507. c. Interim Use Permit — Accept the recommendation of the Planning Commission issuing an Interim Use Permit to Randy Erickson, 519 Graceview Drive, allow an owner occupied rental unit. d. Treasurer's Report — Accept the May 2010 Treasurer's Report e. Mayor Appointment — Appoint Rick Schultz to fill the open Planning Commission seat, expiring January 2012. f. Moved for discussion. The motion was seconded by Wick and passed unanimously. June 17, 2010 Page 2 of 5 (4f) Liquor Licenses: With respect to the Liquor License for the American Legion, Frank questioned what has created the need to change the type of license issued to the American Legion. Weyrens responded that, last year, the State provided training on the issuance of licenses and the shift of responsibility for the issuing municipality to verify compliance of liquor regulations. The training identified that that the issuing municipality has the liability for issuing licenses and making sure that appropriate licenses are applied. Previously MN Alcohol and Gambling verified data and was more active in the issuance. The training included a portion on Club licenses and if a club is open to the public and advertises for public events, the club license would not be applicable. Club licenses are for establishments for members or guests and all guests are required to sign in a guest book. In an attempt to be proactive Weyrens stated that she met with representatives of the Legion in fall 2009 and discussed the need to transition to the regular liquor license. Having them operate as a club is a liability from a licensing perspective and this requirement has nothing to do with their non - profit status. Loso questioned if this is a question of practice vs. policy. Weyrens responded that it is a question of how this is interpreted. Frank questioned how other clubs are handling this type of situation. Weyrens stated that Waite Park is in the same situation and re- stated that the City is now responsible for enforcing this. Frank stated it would be best for staff to get some clarification from the State regarding this issue. In defense, Weyrens stated that she was unaware that these discussions were taking place and thus she was unable to contact the state for further clarification for the discussion at this meeting. Frank made a motion to authorize the Mayor and Administrator to execute the On /Off Sale Intoxicating Licenses, Wine Licenses and Club Licenses as presented with the exception of the American Legion being approved as a Club License pending verification from the State. The motion was seconded by Symanietz and passed unanimously. Fire Relief Report: Mike Lyon approached the Council on behalf of the St. Joseph Fire Relief Association to present the annual Fire Relief Report. The report is a summary of the financial status of the relief fund and forecasts any financial requirement needed for the upcoming year. The fund has a deficit in times when interest rates are low and the department has retires. This is the current situation; therefore, a contribution will be required for 2011. Based on the audited financial statements, the Fire Relief contribution for 2011 is estimated to be $ 9,806. The liability will be shared with St. Wendel and St. Joseph Township as the expenditure will be through the Fire Fund. Weyrens stated that in anticipation of retirement and slow economic conditions, the Fire Board set aside funds to help cover future liabilities. Establishing use of reserves should help prevent spikes during the budget cycle. Wick made a motion to accept the Fire Relief Report and authorize the Administrator to execute the Fire Relief Report indicating that the Fire Relief has presented the report to the City Council identifying the liability for 2011. The motion was seconded by Frank and passed unanimously. PLANNING MATTERS Silver's Equestrian: Weyrens advised the Council that, on June 7, the Planning Commission considered a request of Silver's Equestrian for relief of parking lot standards for a period of two years. The Ordinance requires that the area would be paved and would include perimeter curbing. According to Weyrens, this is a common request. Loso made a motion to authorize the Mayor and Administrator to execute an agreement to delay the parking lot improvements for Silver's Equestrian, 38 Birch Street E, until 2012 or when Birch Street is reconstructed, whichever comes first. The motion was seconded by Frank and passed unanimously. Villages at CSB: Weyrens advised the Council that this is purely for informational purposes at this time. She stated that, on June 7, the Planning Commission looked at a Concept Plan for a possible 55+ community made up of single - family homes, rental units, a senior care facility and a possible Inn. Weyrens stated that the Inn would be similar to a Hotel /Motel with approximately 30-40 units. She added June 17, 2010 Page 3 of 5 that this will be developed as a PUD and the roads will be constructed to City Standards. They are proposing to construct this development in three phases. There was some additional discussion about transportation and Loso stated that he does not like the idea of all of the traffic using CR121. Symanietz added that there is already too much traffic in the area due to the Graceview Apartments. Weyrens stated that since the information at this time is only conceptual, no action is required and the feedback from this meeting will be forwarded to the developer. POLICE CHIEF REPORTS Monthly Report: There were some questions relating to the fact that there were fewer calls than in previous years and whether it was due to better behavior or less enforcement. Frank also noted a big decrease in assistance to Waite Park. Jansky stated that Waite Park now has more officers on duty. With respect to decrease in noise and parking issues, Jansky stated that people are getting better at compliance. He added that this has been an extremely quiet spring. He also reported that the department has one officer less and the officer who left was diligent in working traffic. Miscellaneous Items: Jansky reported that they will see a bill from St. Cloud State University Driving School for some mandatory POST Board Training. He also advised the Council that the new Tahoe will be coming soon and will be ready to go. Jansky stated that he meets once a month with the area Police Chiefs and they are working on collaborative things that they can do and also ways to deal with issues that go within the five area communities. CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORTS 16th Avenue SE: Previously, the City ordered the improvements for 16th Avenue SE to include street, storm sewer, curb and gutter and turf restoration. The Council is being asked to consider two resolutions: • 2010 -014: Resolution Declaring the Costs to be Assessed • 2010 -015: Resolution Setting the Date for the Hearing on Proposed Assessment Loso made a motion to authorize the Mayor and Administrator to execute Resolution 2010 -014 declaring the costs to be assessed. The motion was seconded by Wick. Discussion: Wick noticed a typo on Resolution 2010 -014. It should read that the total cost to be paid by the City is declared to be $506,710. He questioned whether the City is assessing the maximum that can be assessed back prior to bid opening and whether or not that will be done prior to bid opening. He then questioned whether an engineer's estimate will lead to project bids. Sabart responded by stating that contractors do not feel obligated to hit engineering numbers. He added that some of the projects in the surrounding areas have attracted outside contractors. Many of their bids have been competitive; however, it is hard for them to overcome the higher mobilization costs. Wick questioned how the interest rates are determined to which Weyrens stated that they are based on the bond rates. Weyrens stated that if they wait to approve the resolution declaring the cost of the improvement until after the bids are open, it will most likely delay the project and it would come at the expense of the project schedule. The motion passed unanimously. It was noted that the date on the Resolution setting the hearing for the proposed assessment was wrong and should read July 12 rather than July 13. Wick made a motion authorize the Mayor and Administrator to execute Resolution 2010 -015 calling for hearing on the proposed assessment. The motion was seconded by Loso and passed unanimously. Seal Coating — County Road 121: Sabart advised the Council that staff has met with Stearns County Public Works staff to discuss possible seal coating along County Road 121 from County Road 138 to June 17, 2010 Page 4 of 5 County Road 75. They are asking that the City fund the seal coating from the fog lines to the face of the curb. He added that the current maintenance agreement states that the City is responsible for minor repairs and it is the County's understanding that this would be a local expense. The estimated cost is $12,500 and staff feels that this is not an expense that the City should bear at this time as it was not part of the budget. Sabart stated that Astech has already bid the project. Wick stated his concern about the dates on which this work will be done to avoid conflict with the 4`" of July Festival and the Millstream Arts Festival. Rassier stated that we have no say in this and the City has not yet budgeted for this project. Rassier and Loso both commented that it would be irresponsible not to seal coat the entire road. Weyrens suggested writing a letter to the County stating the City's disappointment that we were not advised of a change in policy and ask the County to bill the City in 2011, allowing the City to budget for this expense. The road was built in 2002 and Wick questioned whether this had been on their schedule for some time. Sabart replied that we were not aware of their plans for this road. Wick then questioned who is responsible for striping, etc to which Sabart stated that it would most likely be the City's responsibility. Weyrens stated that she will check with some of the neighboring communities to see how they have handled this type of situation. Thene added that there are a lot of signs of wear along County Road 121. Rassier suggested possibly asking the County to postpone the project. Sabart stated that the County already has a contractor and they are still planning to do the project. The Council expressed frustration with the process and requested that Weyrens follow through with the County to see if the City could be billed for the work in 2011. ADMINISTRATOR REPORTS Meeting Schedule: Weyrens presented the Council with a meeting schedule for the period July through October to which Wick made a motion to adopt the July Meeting Schedule. The motion was seconded by Symanietz and passed unanimously. Clinton Village Agreement: Weyrens stated that she has received a request to submit a letter of compliance releasing obligation of a 1983 agreement. The property in question is located in the Clinton Village Addition, and the agreement relates to the cost sharing of utilities for the proposed development now known as Clinton Village. The agreement was between Cletus Bechtold, Jim Landwher and the City of St. Joseph. At this time all financial obligations have been satisfied so the agreement is not applicable. Since this is recorded on all properties in Clinton Village, property owners selling or refinancing may have title issues, as this agreement was discovered during a land transaction. Therefore, Weyrens stated that a release claim has been prepared for execution by the Mayor and Administrator declaring the terms of the agreement satisfied. Wick made a motion to authorize the Mayor and Administrator to execute the Release of Claim, clearing title issues for the property located at 117 7t" Avenue NW and all properties within Clinton Village. The motion was seconded by Symanietz and passed unanimously. MAYOR REPORTS APO Meeting: Rassier advised the Council that the APO Meetings have been cancelled for Jun and July. Millstream Shelter: Rassier thanked the Lions club for re- roofing the shelter at Millstream Park at no cost to the City. COUNCIL REPORTS FRANK State Demographer Estimates: Frank stated that it appears that the City's population grew by approximately 60 people. He questioned what the expected increase was prior to the downturn in the economy. He was advised that that information is available in the Comprehensive Plan. June 17, 2010 Page 5 of 5 Stearns County Tax Rates: Weyrens stated that each year the County compiles a list of the tax capacity rates for the area. This is a one -page summary of all of the area cities. Microphones: Frank stated that he has had a few more residents mention that they cannot hear the Councilors during the meetings. Weyrens advised the Council that she will meet with the Cable Commission to look at different alternatives. Cable Broadcast: Frank reported that there were some issues with the last live broadcast of the Planning Commission meeting. US Cable played the entire meeting; however, Charter only showed half. Weyrens stated that she would check into that. LOSO — No Report WICK — No Report SYMANIETZ Kleinfelter Park: Symanietz reported that the trail at Kleinfelter Park was re -done and it looks very nice. Adjourn: Loso made a motion to adjourn; seconded by Wick passed unanimously. Z�•� Cj✓fik��i'��� Judy,.Weyrens Administrator