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HomeMy WebLinkAbout2010 [09] Sep 02September 2, 2010 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the St. Joseph met in regular session on Thursday, September 2, 2010 at 7 :00 PM 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: Josh Smith, Jodi Terhaar, Mike Connolly, Ryan Lemieux, Harrison Awe, Evan Cobb, Monte Eastvold, Josh Smith PUBLIC COMMENTS Josh Smith approached the Council on behalf of the St. John's Senate. He stated that they are ready to work with the Council and address any issues that may come up. Approval of the Agenda: Frank made a motion to approve the agenda with the following changes: 4(e) Laptop Replacement — to be discussed 4(f) Interim Use Permit — to be discussed The motion was seconded by Wick and passed unanimously. Consent Agenda: Symanietz made a motion to approve the consent agenda as follows: a. Bills Payable — Approve check numbers 043175 -043255 and EFT numbers 000441 -000450 and 000513 - 000514. b. Mayor Proclamations — Authorize the Mayor to execute and present a proclamation for Assisted Living and one honoring Jean Matzke (former Millstream Arts Organizer). c. Gambling Report — Accept the 2 quarter gambling reports. d. Donations — Accept the donations for the purposes intended. e. Moved for discussion. f. Moved for discussion. The motion was seconded by Wick and passed unanimously. (04e) Laptop Replacement: Frank stated that he feels the police department does a good job and he has not voted against anything for the department; however, he is questioning the rationale for the purchase of two laptops. He is concerned about the justification that these can be purchased as an officer position was not filled and there are additional funds to spend. Frank stated that the idea of making budget cuts is not to use the funds that were not used. He also questioned the need for the heavy duty laptops. The officers do not do a lot of off -road stuff nor do they do a lot of computing. The computers are basically used for communication. As a result, he stated that a smaller laptop would work. Frank also stated his concern about buying a computer that does not have the most up to date software. Frank questioned the warranty on these computers. Jansky advised the Council that the warranties are only good for three years. Jansky also advised Frank that this type of computer has been recommended by Stearns County as other computers may not last due to temperature and vibrations. If the computers are not replaced, one of them will need to be fixed as some of the software requires touch screens. Jansky advised the Council that he is recommending a four -year replacement schedule for the computers. Wick advised Frank that he would not recommend Windows 7 and stated that they should not upgrade just to upgrade. Frank made a motion to authorize the replacement of two squad car laptops at a cost of $8,277.52. The motion was seconded by Wick and passed unanimously. (04f) Interim Use Permit Mary Long 302th Avenue SE: Frank stated that in reviewing the material discussed at the public hearing he noticed two comments were received regarding property management, September 2, 2010 Page 2 of 7 specifically weeds and animal. He questioned if those items were addressed. Wick advised Frank that this is a different owner and Weyrens stated that there are no official documents of those complaints. Frank made a motion to accept the Planning Commission Findings of Fact issuing an Interim Use Permit to Mary Long, to operate an owner occupied rental unit at 302 7th Avenue SE. The motion was seconded by Wick and passed unanimously. CSB /SJU Dean of Students, Update on Activities: Jody Terhaar and Michael Connolly approached the Council on behalf of the College of St. Benedict and St. John's University. Terhaar stated that they would like to reaffirm their commitment to working with the City and the student - residents. She added that they will continue to have a "Good Neighbor" policy and they will respond to police reports that are forwarded to them. Connolly advised the Council that they have met monthly with Chief Jansky and Administrator Weyrens to discuss common items of concern and ideas to improve the overall quality of life for all residents. They are trying to make their best effort to look ahead before the issue arises. They recently did some house visits. Connolly stated that they visited 22 rental properties with the intent to make sure that the students are welcomed back to the City. He also advised the Council that an off - campus meeting was held at Sal's Bar and there were over 200 students in attendance. The purpose of the meeting was to speak to the students and let them know what the expectations are of living in the City of St. Joseph. Terhaar stated that the College and University would like to continue to work on issues and give students the opportunity to be good citizens. There are two ways in which the colleges have partnered with the City. They have purchased an ID scanner for the Police Department and changed how the Senior Farewell event is handled. They will continue to try to find more things that they can do and they hope that the student senate reps can do the same. Loso asked Terhaar and Connolly to discuss the residency changes that have taken place as people are confused. On behalf of the College of St. Benedict, Terhaar stated that they recently implemented a 4- year residency requirement with the new class. They are looking to possible have more housing by fall 2012; however, that may be put off until fall 2013. Connolly stated that St. John's implemented the same process two years ago. Junior students who wish to live off campus need to seek permission and seniors do not need approval. Frank questioned an incident that happened at the apartments. Jansky stated that he had a good conversation with the owner regarding the incident. He added that the "Good Neighbor" policy and the changes to Senior Farewell have gone a long way to better the relationships between the City and the colleges. Frank also questioned why St. Ben's security was not available when the students were putting signs out for early registration. Jansky stated that security has no authority when things take place off- campus. Connolly advised the Council that they did go and meet with some of those homes on Saturday evening. Wick questioned the college representatives about the process for living off campus. He questioned whether or not their permission to live off - campus can be revoked. On behalf of St. John's, Connolly stated that it can be revoked if, after he is released, he is placed on probation for either academics or conduct. Terhaar advised the Council that St. Ben's has the same process and they have agreement that the students must agree that there will be no problems with behavior or academically. Noise Violation, 310 Old Hwy 52: Weyrens stated that police department responded to a noise complaint on August 11, 2010 at 310 Old Highway 2. The property owner was notified of the alleged violation and is not requested an evidentiary hearing. Wick made a motion to determine that on August 11, 2011 a noise violation occurred at 310 Old Highway 52. The motion was seconded by Symanietz and passed unanimously. September 2, 2010 Page 3 of 7 Ryan Lemieux, owner of Rock Investments, approached the Council as the owner of the property in violation. He owns the property at 310 Old Hwy 52 as well as the "Projects" located at 300 & 304 Old Hwy 52. He stated that there are 6 students living in the house in question and two of them received violations. He added that he also owns rental property near St. Cloud State University. He has hired security to monitor his buildings as he does not live in the City. He understands that, as a landlord, he is responsible. Lemieux stated that he had a hard time understanding the City's Ordinance relating to noise violations. He suggested that a subcommittee be formed to review this Ordinance and stated that he would like to be a member of that committee. He stated that he is asking the Council for three things: 1. Not impose a fine on him 2. Not revoke his rental license 3. Table action on this until a system is put in place Rassier stated that he understands his concerns; however, things are working fine the way they are. According to Frank, the City should take advantage of his expertise. Wick questioned whether amendments to this Ordinance would need to be reviewed by the Planning Commission. Weyrens advised the Council that this Ordinance was put in place in 2000. She stated that staff can look into this and do some research. Loso stated that when this was originally put in place, it was created by a group of landlords that got together to research this issue. Harrison Awe, a junior at St. John's University, approached the Council and stated that he was one of the tenants that received a fine from the Police. He stated that they do not want to be a menace to the City. He stated that this is their first time living in a house and they have a lot to learn. When the police left the house, they were told they were receiving a warning. Later, the Police called and advised them that they would be receiving a ticket. He added that they will respect the Police's authority. Awe also stated that Lemieux informed them of the problems that were happening and advised them of the consequences. Wick made a motion to impose a fine of $250 stayed for 6 months, barring any similar violaitons at this location and direct staff to work with Lemieux, and any other landlords that are interested, to look at the Ordinance and bring it back for review at the first meeting in October. The motion was seconded by Symanietz. Discussion: Frank stated that, previously, he discussed the possible use of decibel meters with Chief Jansky. According to Jansky, if the noise can be heard off the premises, it is a violation. Jansky added that this will take a little longer than a month to review. He suggested that it be reviewed after the first of the year. Wick made a motion to amend the motion to have the ordinance brought back for review after the first of the year. Discussion: Wick stated that he doesn't want to levy the fine and the fine and have the Ordinance get forgotten. Loso stated his concern with the fact that they were initially given a warning and then, two weeks later, given a violation for the same incident. Jansky stated that it took two weeks as there was a lapse in contacting the tenants. As Chief, he felt that a citation should have been issued. Jansky stated that Lemieux has been very helpful and added that he is one of the better landlords to deal with. Wick advised Jansky that the landlords should be notified of warnings as well as violations. Lemieux stated that he is happy that he gets the minimum fine, but feels that it goes against what the Ordinance says. Symanietz seconded the amendment to the original motion. The motion passed unanimously. La Playette. Outdoor Liquor Permit: The La Playette submitted a request for an outdoor event to be held on CSB /SJU Homecoming on October 2, 2010. According to Jansky, no alcohol will be served outside, thus he is recommending approval of the Outdoor Liquor Permit. Loso made a motion to authorize the Mayor and Administrator to execute the Outdoor Liquor Permit to the La Playette for an event to be held on October 2, 2010. The motion was seconded by Symanietz and passed unanimously. September 2, 2010 Page 4 of 7 Bond Sale, Northland Securities: Monte Eastvold approached the Council on behalf of Northland Securities. Eastvold advised the Council that they received some great news with respect to the credit rating report. The City's credit rating has been upgraded from an "A" to "A + ". This is good for the City because a higher rating results in better rates. Eastvold stated that this is a large bond issue comprised of two smaller issues. Refunding - 2005 Series B Bond $1,035,000.00 New Money — 2010 16th Avenue Improvements $ 790.000.00 Total $1,825,000.00 He added that the average coupon rate is 2.4 %. He explained that the City will be receiving a reoffering premium discount which reduced the amount of the bond issue. Right now, rates are low and it is a great time for refunding. The refunding of the 2005 Series B Bond is a crossover refunding bond as the original call date is 12 -1 -2012. Due to the refunding, the City will see a savings of $46,031.30. The actual interest rates for this refunding portion will begin in 2013 with an average rate of 2.15 %. The new money will have an average coupon rate of 2.67 %. Eastvold stated that this bond issue will be payable through storm sewer revenues, special assessments and tax levies. Frank made a motion to authorize the execution of 2010 -020, accepting the proposal on the negotiated sale of $1,825,000.00 General Obligation Improvement Bonds, Series 2010B, Pledging special assessments for the security thereof and levying a tax for the payment thereof. The motion was seconded by Symanietz and passed unanimously. Wick made a motion to aware the sale of the $1,825,000.00 GO Refunding Bonds, Series 2010B to Northland Securities. The motion was seconded by Loso and passed unanimously. FINANCE REPORTS Preliminary Levy, Collectible 2011: Finance Director Lori Bartlett presented the Council with the resolution adopting the 2011 preliminary levy. The proposed levy is set at $1,852,329.00. She reported that the Council met, beginning in June, in a series of workshops to review the preliminary budget. She reminded the Council that the levy can still be reduced by the Council prior to setting the final levy. Loso made a motion to authorize execution of Resolution 2010 -019, Adopting the Proposed 2010, Collectible 2011 Tax Levy as presented. The motion was seconded by Symanietz and passed unanimously. Bartlett stated that part of the levy also includes setting the public hearing at which the public can discuss the levy prior to adoption. She suggested that they set the hearing for December 2, 2010. When the residents receive their property tax statements, the hearing date will be noted. Loso made a motion establishing the truth in taxation hearing for December 2, 2010 at 7:OOPM in the St. Joseph City Council Chambers. The motion was seconded by Wick and passed unanimously. OOoeratina Fund Transfer: Bartlett stated that during the budget discussions, they discussed where the City ended in 2009 with respect to the General Fund. The City's goal is to have 4-6 months of working capital in reserve. After the Audit, the City came in close to 6 months in reserve and staff is now proposing to use part of that equity to fund some projects that have come our way through State and Federal Mandates. The total of those projects is $92,000. She stated that those funds can be transferred while maintaining a working capital reserve of 5.2 months. Loso made a motion to authorize the 2010 operating transfers as presented. The motion was seconded by Wick. September 2, 2010 Page 5 of 7 Discussion: Based on an earlier discussion about a police computer, Wick questioned whether or not the unspent funds can be added to the General Fund. Weyrens stated that staff will look at adding any unspent money from 2010 to the reserve balance. The motion passed unanimously. CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORTS Antenna Lease — Consent to Modify: Sabart advised the Council that the City currently leases space to telecommunication providers to install antenna equipment on the water tower. Verizon is requesting to make some modifications to their antenna by removing the 6 that are currently there and replace them with some that are a little larger. Staff is recommending that the Council execute the consent to modify. The next step would be to conduct a preconstruction meeting and then they would be able to proceed with the modifications. Weyrens suggested that some contingencies be added to the agreement. Sabart listed the proposed contingencies: • Submit final plans • Schedule Preconstruction meeting requiring attendance • Secure a building permit • Meeting inspection requirements • Reimburse City for all expenses Loso made a motion to authorize the Mayor and Administrator to execute the consent for modification of antennas for US WEST Wireless,.LLC. The motion was seconded by Symanietz. Discussion: Symanietz questioned whether or not the City will receive anything for allowing them to put up a larger antenna. Sabart stated that although they are almost double in size, they are claiming that it is a benefit to the users. Most people do not notice the antennas. Thene added that they plan to paint the antennas to match the tower. Weyrens advised the Council that the City has two vendors that have antennas placed on the tower. Frank questioned whether or not the City should increase the fee. Weyrens replied that she could have that reviewed by the City Attorney. They; however, are limited to a specific number of antennas, but there are no size limitations. She added that the contract was renewed last year and comes due every five years. Weyrens reported that the other vendor is Sprint. Frank suggested that the City look at what other cities are charging for similar agreements. He stated that the City raises rates for other services; they should have their rates raised too. The motion passed unanimously. 16th Avenue SE Improvement Update: Sabart reported that this is the second week of construction. So far, the contractor has removed all of the bituminous between Baker and Minnesota Street and they are almost finished with the setting of the storm sewer pipe and structure for the first phase. They will be laying the storm sewer and excavating the street to the sub - grade. He commented that the rain has not helped the soil conditions. According to Sabart, the contractor notified staff that they must leave the job site to address an issue elsewhere, but will return the week of the 13th. They have assured staff that they will drive by daily to make sure that there are no access issues. According to Sabart, contractually, the City cannot stop them from leaving; however, they are required to have the project substantially complete by November 5. They anticipate that they will start on the second phase when they return to the site. They will be working on two separate operations: rebuilding the street from Minnesota to Baker and storm sewer work south of Baker. He added that a newsletter will be sent out to the residents. Crosswalks: Frank questioned Sabart about the crosswalks along College Avenue S. He stated that he received a concern from a resident about the crosswalk areas in which there is no sloped access to the sidewalk. Weyrens replied that staff has agreed to look at this. Sabart stated that the only crosswalk without a curb cut is the one near the apartment. He added that it may be possible to get another curb cut, but that is a matter of cost. With respect to the crosswalks, Wick advised staff that no crosswalks are marked. Rassier stated that that would be a public works issue. September 2, 2010 Page 6 of 7 ADMINISTRATOR REPORTS Tri -Cap Busing Opportunities: Weyrens advised the Council that Tri Cap is proposing to offer service to the City on Mondays and Thursdays. Weyrens stated at the prior meeting the Council requested the draft agreement be reviewed by the City Attorney. The agreement has been reviewed and the attorney has recommended minor modifications which have been accepted by Tri Cap. She also advised the Council that the Lions have agreed to contribute $800, as well as the Monastery. If the contract is approved, services would start in October as Tri Cap needs to modify their schedule. The Council is being asked whether or not they want to contribute $800 and whether or not they would like to execute the contract. Weyrens stated that they have agreed to break down the costs on a monthly basis. Loso made a motion to authorize the $800 contribution as well as execution of the contract with Tri Cap offering bus service within the City. The motion was seconded by Frank. Discussion: Loso stated that he would like to get some statistics every 6 months showing ridership. Symanietz stated she would like to see how many in the township are also riding the bus. Weyrens reminded the Council that Tri -Cap offers bus service to everyone. The motion passed unanimously. Human Rights Update: Weyrens advised the Council that the Human Rights Office will open on September 1. St. Joseph did not appoint anyone to the Commission as they only application that was received was from someone who is a resident of the Township, not the City. Wick stated that it should be someone from the City and he hopes that someone steps up. Frank added that we need to solicit for this and he would like to see this on the webpage as well as in the St. Joseph Newsleader. Per the Agreement, they were to give the City a budget and Wick questioned whether or not that had been received. Weyrens responded that the Commission has not yet met and, as a result, she is not sure of the budget process. St. Joseph Township Process Update: Weyrens stated that St. Joseph, Waite Park and Stearns County have met to discuss how things are handled with respect to the St. Joseph Township. The three entities are now ready to move to a Public Hearing regarding the processes. The meeting will be held on October 4, 2010 at the Stearns County Administrative Center. Packets will be sent out prior and notices will be sent to all of those within the Orderly Annexation area. CSAH 2 Update: Weyrens advised the Council that there has been a notable lack of progress at acquiring properties along County Road 75 to connect with County Road 2. Stearns County has presented all of their offers and some of the property owners have some disagreement with their property values. She added that Stearns County has held a closed meeting to discuss how to pursue this. These issues could have implications on whether or not the project moves forward. MAYOR REPORTS — No Report COUNCIL REPORTS FRANK — No Report LOSO CSB Sewer Negotiations: Loso stated that they met with the representatives from St. Ben's on Monday and they are making progress. A new attorney was introduced to the talks. The next meeting is scheduled for September 27 and they hope to have things worked out by then. He stated that it seems to be lawyer - lawyer mediation. September 2, 2010 Page 7 of 7 WICK Planning Commission: Wick stated that, due to the Holiday, the Planning Commission meeting has been rescheduled for September 13. Millstream Arts Festival: Wick reported that the Millstream Arts Festival will take place in St. Joseph on September 26, 2010. School Update: Wick advised the Council that school will be starting on Tuesday for Kennedy and added that he Lab School already started. SYMANIETZ Joint Cities Meeting: According to Symanietz, there was a discussion between the potential candidates for election. She advised the Council that a majority of the candidates support the bonding bill for 2011 and most agreed to keep LGA where it is sitting. Park Board: Symanietz reported that there is no Park Board meeting scheduled for September. The next meeting will be held on October 25. Wick made a motion to close the meeting pursuant to MN Statute 13D.05 Subd. 3 to discuss labor strategy. The motion was seconded by Frank and passed unanimously. Frank made a motion to open the meeting and adjourn at 10:00 PM; seconded by Symanietz and passed unanimously. Judy eyr s Ad inistrator