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HomeMy WebLinkAbout[04a] MinutesCT' OF ST. JOSPIPN Council Agenda Item 4(a) MEETING DATE: October 21, 2010 AGENDA ITEM: Minutes — Requested Action: Approve the City Council minutes of November 4, 2010. SUBMITTED BY: Administration ATTACHMENTS: Request for Council Action 4(a):1 -2 DRAFT CC Minutes — November 4, 2010 4(a):3 -6 REQUESTED COUNCIL ACTION: Approve the City Council minutes of November 4, 2010. 4(a):1 THIS PAGE INTENTIONALLY LEFT BLANK 4(a):2 DRAFT Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 4, 2010 at 7:OOPM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance Members Present: Acting Mayor Dale Wick, Councilors Renee Symanietz, Bob Loso, Steve Frank and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Finance Director Lori Bartlett, Public Works Director Terry Thene and Police Sergeant Dwight Pfannenstein Others Present: Tom Klein, Emily Hawkins, Diane Schneider, Robert McManus, Katherine Kraft, Mariterese Woida, Nia Primus, Thomas Colleran, Timothy Bungum, Nathan Meyer, Kennan Brugh Public Comments: No one present wished to speak. Approval of the Agenda: Frank made a motion to approve the agenda with the following additions /deletions: Add 10b 16th Avenue Assessment — Homeowner Association Add 10c 2011 Budget Move 4c Human Rights Commission — to be discussed after the consent agenda The motion passed unanimously by those present. Consent Agenda: Symanietz made a motion to approve the consent agenda as follows: a. Minutes - Approve the City Council minutes of October 7 and October 21, 2010. b. Bills Payable - Approve check numbers 43412 - 43451. c. Moved for Discussion. d. Pay Application — Authorize the Mayor to execute Pay Application #2 for the le Avenue Improvements and authorize payment in the amount of $181,473.68 to JR Ferche. The motion was seconded by Loso and passed unanimously by those present. 4(c) Human Rights Commission: Wick stated that the City did try to find people in the City of St. Joseph who were willing to serve on this commission. Although he thinks that the people on the commission will do a good job, he would like to see a resident of St. Joseph on that board. Symanietz stated that this was originally posted and if someone is interested, they should contact her. Frank questioned what would happen if someone were to step forward now to be on that board. Symanietz replied that perhaps the board could appoint another member or perhaps one of the current members would step down to accommodate that individual. Frank suggested the possibility of reaching out to the College of St. Benedict to which Weyrens stated that they receive the same newsletter that the residents receive and, as a result, they have had the opportunity as well. Frank made a motion to accept the recommendation of the Human Rights Joint Powers Board appointing the Human Rights Commission. The motion was seconded by Symanietz. Ayes: Symanietz, Frank, Loso Nays: Wick Motion Carried 3:1:0 Noise Violation, Robert McManus — 316 Old Hwy 52: Weyrens advised the Council that they are considering two alleged noise violations. Both occurred on Homecoming Weekend and it was the first violation for both properties. Weyrens stated that the process for noise violations is twofold. First, they must determine that a noise violation did occur and then they must determine the disposition. Loso made a motion to determine that a noise violation did occur at 316 Old Hwy 52. The motion was seconded by Frank and passed unanimously by those present. 4(a):3 DRAFT Robert McManus approached the Council as the property owner of 316 Old Hwy 52. He stated that he met with the individuals in the house and they are very apologetic. There are five guys who live in the house and four of them were gone. He stated that, in the future, he will try to do a better job of staying on top of things. The incident occurred at 11 PM on Homecoming weekend; someone cranked the stereo a little too loud. Wick stated that in reviewing the reports it appears as though thirty participants were at the gathering. Loso made a motion to impose a fine of $250 on the property located at 316 Old Hwy 52. The motion was seconded by Symanietz and passed unanimously by those present. Noise Violation Dale Schneider - 109 College Avenue N: Symanietz made a motion to determine that a noise violation did occur at 109 College Avenue N. The motion was seconded by Frank and passed unanimously by those present. Diane Schneider approached the Council as the property owner of 109 College Avenue N. Loso questioned whether or not this was clarified as a disorderly house, to which Sergeant Pfannenstein replied he did not know. Schneider replied that they were in the garage and they did not have a keg. According to Weyrens, this is the first violation at this address. Loso made a motion to impose a fine of $250 on the property located at 109 College Avenue N. The motion was seconded by Symanietz. Discussion: Frank stated that he would like the council in the future to consider the magnitude of the incident when determining a fine and he does not feel that $250 is enough to cover the administrative and police costs associated with the noise violation being discussed. This particular incident involved a considerable amount of resource in police office time. The motion passed unanimously by those present. Sustainability Framework: Nia Primus approached the Council and introduced herself as the Sustainability Coordinator for the City of St. Cloud. Frank stated that the St. Cloud Joint Planning District Board is bringing this forward and has approached matter as compiling a toolbox. That is, the toolbox will include ideas for sustainability. The purpose has been to identify and heighten awareness of community sustainability and green practices. Primus stated that there are a lot of things that can be done. Loso questioned the long -term goal of the plan to which Primus responded that they would like to have a collective effort for everyone to save resources. She stated that there are no costs or mandates, they are simply asking for support. Primus also stated that both Stearns Electric and Xcel Energy have given money to help with the plan. Loso made a motion to authorize the Mayor and Administrator to execute Resolution 2010 -034 supporting the St. Cloud Joint Planning District Sustainability Framework Plan. The motion was seconded by Symanietz and passed unanimously by those present.. Canvass the Election: Weyrens stated that the City Council is required to canvass the election results declaring the winning candidates for the City of St. Joseph Mayor /Council positions as voted on November 2, 2010. The following is the final vote tabluation: MaYOr Candidates Total # Votes Council Candidates Total #:Votes Rick Schultz 795 Dale Wick 970 Bob Loso 746 Steve Frank 826 Alan Rassier 546 Marguerite Fogarty 624 Joseph Dubel 749 Write -in 9 Write -in 22 Overvotes 0 Overvotes 10 Undervotes 291 Undervotes 1563 4(a):4 DRAFT Loso made a motion to accept the election results and declare Rick Schultz as the Mayor Elect and Dale Wick and Steve Frank as Councilors Elect. The motion was seconded by Symanietz. Discussion: Weyrens reminded the Council that the offices take effect on January 6. Frank questioned whether there were any problems at the polls to which Weyrens replied that registration is the biggest issue on Election Day. The motion passed unanimously by those present. CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORTS 16th Avenue Improvement Update: Sabart advised the Council that they are entering the sodding phase for the project and they anticipate having all of the sod down by the end of next week. They are also readying the site for the winter carryover. He added that mail service has been restored to the original mailboxes. With respect to the sod, Sabart stated that the growing days for sod will resume next spring. Typically, the maintained areas are sodded and the areas that are not maintained are seeded. Frank questioned whether or not there have been any comments from the residents. Sabart replied that most are pleased and feel that the contractor was considerate of their access needs. Overall, this has been an agreeable project. Public Works Update: Thene stated that staff has been working to winterize the City and get it ready for snow. He advised the Council that staff will be sweeping streets one last time. They will be working on the downtown this weekend. He stated that the compost area has remained busy and he will try to keep it open as long as possible. ADMINISTRATOR REPORTS Assessment Re- Allocation, Arcon Development:.Weyrens stated that a small plat has a lot of complexities. With respect to the development of Rivers Bend Plat 2, only 6.64 of the 70 acres of Outlot G are being developed. She stated that the recent land transaction has raised concern about the outstanding assessment on Outlot G. Since less than 10% of Outlot G is being sold, Arcon is requesting to leave the assessment on the large tract of land that will be retained by Arcon. Loso made a motion to authorize the City Administrator to notify Stearns County to leave the assessment in the current terms on Outlot G in the amount of $126,238.54. The motion was seconded by Symanietz. Discussion: Frank questioned whether or not there are any downsides to doing this. Weyrens stated that this has been done in the past and the action does not reduce the amount that will be paid. Frank then questioned the digging that has been taking place. Sabart advised the Council that they have begun the connections for water and sewer. The motion passed unanimously by those present. Weyrens stated that the Rivers Bend Plat is in the hands of the Stearns County Surveyor and since the developer is requesting to move forward before the land transaction occurs the bank will become a signature to the Developers Agreement. 16th Avenue Assessment — Common Ground: Weyrens stated that the 16th Avenue Assessments included an assessment to the Liberty Point Homeowners Association that includes 12 homes. Some of those property owners would like to pay their portion up front rather than have it collected over time and pay interest. She stated that the Council has the opportunity to do an assessment hearing to reallocate those costs. That hearing would be held on December 2. Weyrens added that some of the properties are in foreclosure. Notices will be sent to everyone, and if there is no objection, the City will have the legal right to assess those properties. She advised the Council that Jovanovich suggested that the City reassess those assessments to the individual property owners. 4(a):5 DRAFT Loso made a motion to set the Public Hearing for December 2 for the re- assessment of the assessments previously assessed to the Liberty Pointe Homeowners Association. The motion was seconded by Symanietz and passed unanimously by those present.. 2011 Budget: Weyrens reminded the Council that they have set the adoption of the final budget for December 2. She suggested that they meet again on November 22 to review the budget one more time and to review the fees. They will meet again on Monday, November 22 at 5:30PM. COUNCIL REPORTS SYMAN I ETZ APO Meeting: Symanietz reported that she attended the APO meeting at which they discussed the Sustainability Plan for the Mississippi Riverfront. The purpose of the plan is to find ways to improve the banks of the Mississippi River. She also stated that they will be adding another member to the APO Policy Board. The new member will be a member of the Metropolitan Transit Commission (MTC). The APO made a consideration to include them as they are part of the APO. They also discussed federal funds that were received and not used and decided that those funds should be re- allocated to help finish studies that are currently being financed with federal funding. LOSO Fire Board: Loso stated that he attended the Fire Board meeting at which time the following items were discussed /approved: • Unit No 4 has valves that need to be replaced for function and safety purposes. The Fire Chief is looking at alternatives before approval by the Fire Board. • Approved the purchase of five pagers as part of an ongoing replacement program. • Neil Loso and Brian Orcutt will be retiring at the end of 2010. Applications for membership will begin shortly after the New Year. • Discussed funding EMT classes for firefighters wishing to secure /maintain paramedic licensure. Loso stated that he also discussed the concerns brought forward at the last budget meeting regarding the Fire Budget. Loso stated that the board feels that their budget is fiscally responsible and any questions should be directed towards the Fire Chief for one of the fire board members. Frank stated that they were general concerns and does not think it is appropriate for him to contact the individual members. Park Board: Symanietz reported that the Park Board will be discussing their budget at the November meeting. Adjourn: Symanietz made a motion to adjourn at 7:45PM; seconded by Loso and passed unanimously by those present. Judy Weyrens Administrator 4(a):6