HomeMy WebLinkAbout2011 [06] Jun 16June 16, 2011
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Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday,
June 16, 2011 at 7:00 in the St. Joseph City Hall; opening the meeting with the Pledge of Allegiance.
Members Present: Mayor Rick Schultz, Councilors Dale Wick, Steve Frank, Bob Loso and City
Administrator Judy Weyrens
City Representatives Present: City Engineer Randy Sabart, Finance Director Lori Bartlett, Police Chief
Pete Jansky, Public Works Director Terry Thene
Others Present: Chuck Kern, Norm Hanson
Public Comments: No one present wished to speak.
Agenda: Loso made a motion to approve the agenda with the following changes:
Remove (4a) Minutes
Discuss (4b) Bills Payable
Remove (4c) Joint Powers Agreement
Discuss (4d) Treasurer Report
The motion was seconded by Frank and passed unanimously.
Consent Agenda: Frank questioned the following:
(4d) Treasurer Report - Frank stated that he would like to acknowledge those that have donated
money to the City. He thanked Allied Waste for their contribution to the trees at Kleinfelter Park as
well as the anonymous donors who donated at the Millstream Campground as well as at the disc
golf course.
4(b) Bills Payable — The report indicates that a check was issued to refund an overpayment for a .
utility bill. Bartlett advised Frank that the City doesn't generally issue refunds for overpayments,
but this property owner moved out of the City.
Loso made a motion to approve the consent agenda as follows:
a. Removed
b. Bills Payable — Approve check numbers 044202 -044243 and EFT numbers 000548-
000552 (Payroll), 001540 - 001541 (Accounts Payable).
c. Removed
d. Treasurer Report — Accept the May Treasurer's Report as presented and their
donations for their intended purposes.
The motion was seconded by Wick and passed unanimously.
St. Joseph American Legion #328. 2011/2012 Liquor License: Previously, the Council considered the
annual liquor licenses, at which time they removed the Legion's application. There was some discussion .
about whether or not they are operating as a "Club" or whether they should be applying for a full liquor
license. The Council requested that the Legion appear before them to discuss their operations.
Norm Hanson approached the Council, on behalf of the American Legion, to discuss their Liquor License
application. He stated that they applied for a "Club License ", as they have in the past, as they believe that
they operate in the spirit of the regulations. Hanson stated that, at times, there may be patrons in the club
that are not members, but that is a rare occurrence. They are asking the Council to consider issuing a
club license as that is what they have budgeted for; however, they would like the City to pass a City
statute with less stringent regulations for "Club Licenses ", recognizing that they are a service organization
serving the veterans of the area and the community citizens in general. In conclusion, he requested that,
if the City is unable to issue a "Club License ", the City issue the standard liquor license with a "Special
License" fee to recognize their unique status and service that separates them from the other
establishments in town.
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Loso stated that this issue was addressed last year as well and, at that time, they verified that they were
operating as a club. After hearing Hanson's presentation to the Council, Loso commented that they are
not operating as a "club ", rather they are operating as a "bar ". Hanson responded that they do not
advertise as an open bar, rather those who use the establishment are, for the most part, boni fide guests.
According to State guidelines, they do not meet the requirements for a "Club License ". Schultz verified
with staff that the City follows the MN Statute for all of the other establishments in town. Hanson stated
that they are asking the Council to weaken the restrictions for the Legion. According to Weyrens, the City
cannot be less restrictive than State Law. She stated that the City has the ability to issue an "Off Sale
Liquor License" based on a different fee structure. Hanson reminded the Council that they do not operate
"for profit" like the other liquor establishments in the City. Schultz commented that not having an
American Legion in St. Joseph would create a big hole in the community. Hanson re- stated that they feel
that they operate in the spirit of the law as a "Club ". Wick questioned Hanson as to their procedure for
guests. He questioned whether or not guests sign in which Hanson responded that they currently do not,
but they could.
Weyrens advised the Council that, two years ago, the Council spoke with members from the Legion and
they were advised that the City would be phasing them into the full liquor license. Hanson explained that
they cannot guarantee that every person will be a member or a boni fide guest. Staff included, as part of
the packet, a form that the City of Waite Park forwarded to their American Legion. Frank questioned
whether or not that was incorporated into their Ordinances. Weyrens explained that the form was sent
along with their liquor license application and they were asked to sign it acknowledging that they
understand the rules of having a "Club License ". Wick added that, without performing compliance checks,
the City has no way to verify if they are operating under the law.
Frank stated that he would like to make this work. He suggested that the City try an Interim Classification
with the Legion signing the form regarding "Club Licenses ". Weyrens advised the Council that the City
can be liable and we do not want to expose the City to any liability. Hanson stated that it would be hard
for them to comply with the requirements, day in and day out. They would rather have a less restrictive
than a "Club License ", but they are not requesting a full liquor license. Frank questioned staff as to
whether or not there is something "in between ". Weyrens replied that she has not researched such. Frank
suggested that Hanson talk to the State Commander to see how other American Legion Clubs are
handing this issue.
Schultz stated that there may be something that can be done. in the near future, but that doesn't change
the predicament that the City is dealing with, currently. He questioned whether or not having the Legion
track their guests, solves the problem. Loso questioned how the City could check compliance. He stated
that the Liquor License requirements are straight forward and added that the City has the ability to make
the requirements more restrictive than State Law, but cannot make them less restrictive. Weyrens
advised the Council that they would have the opportunity to issue the "On Sale" Liquor License at a
reduced rate and search for other alternatives. Weyrens questioned Hanson as to whether or not they
would be willing to sign the Statement regarding a "Club License" to which Hanson stated that they would
be hesitant to do so. Loso stated that, as with other liquor establishments, the bartenders would be held
accountable for who would be allowed in the establishment.
Wick made a motion to authorize the issuance of the "On Sale Liquor License ", with the exception
of holding the charges for 30 days, allowing staff to find a charge that is appropriate. The motion
was seconded by Loso and passed unanimously.
College of St. Benedict — Request to Initiate Hearing: John Greer, Hughes & Matthews Law Firm, along
with Ann Obermann, Controller for the College of St. Benedict were present to request that the Council
initiate a public hearing for rezoning the property CSB owns east of CR 121 from the current Agricultural
to E & E and to amend the Comprehensive Plan to accommodate the same.
He stated that this does not include the property that may potentially be sold to Mr. Petters.
Greer explained that the Chapter 4 of the Comprehensive Plan includes a Future Land Use Map which
identities the property in question as "Medium Density Residential" which is inconsistent with the
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College's plans for that property. He added that Section 4 of the Plan also divides the City in to Planning
Districts and this property is in Planning District 12 which suggests that this property contain a mixed use.
By a broad definition, they would meet the intended use as they plan to construct a welcome center,
student housing and athletic fields. The applicable zoning districts would be either R2 or R4, both of
which would not allow for the proposed welcome center or athletic fields. As a result, they would like to
rezone the entire property as one unit. Greer concluded by stating that they are requesting that the City
order the public hearing to amend the Future Land Use Map to accommodate the College's plans.
Frank questioned whether or not those within 350' would be notified of the hearing. Greer stated that all of
those in Graceview Estates would be notified. If the Council is unwilling to initiate the hearing, the
alternative is to have a representative from the College get a petition from those within the 350' to initiate
the process. An amendment to the Comprehensive Plan can only be initiation by a decision of the
Planning Commission /City Council or a petition from those within 350'.
Staff has advised the College to provide the City with more information and if the required information is
received, the matter could be considered by the Planning Commission on August 1 and the Council on
August 4. Staff also suggested that they present a concept plan to the Planning Commission and City
Council in a joint session. Greer explained that they are only discussing the property that the College
intends to continue to own. He added that athletic fields have been on the College's master plan for a
long time and they now need that to happen. Greer stated that they are requesting to re -zone the entire
property as EE. Wick questioned whether residents would also be able to use the athletic fields as a park
to which Greer responded that the College's policy has always been that there facilities are open for
public use, if they are scheduled. He would expect that the public would be able to use the fields.
Loso made a motion to authorize the initiate the public hearing process. By making this motion,
the City is not making a decision on the merits as to whether or not the amendment to the
Comprehensive Plan should be adopted. The motion was seconded by Wick.
Discussion: Frank questioned what they envision for the Welcome Center. Greer responded that
there will be one for two buildings to include an admissions office, welcome center with maps, etc
along with a coffee shop (not including a restaurant at this point), conference rooms, and meeting
rooms. Frank then questioned the plans for the dorms to which Greer replied that they will be
clusters of four bedrooms with a common living space, kitchen facilities and two bathrooms. They
are proposing to construct four buildings with a capacity of 128 students.
Schultz questioned how far along they are in the planning process. Greer responded that the
College would like to present a concept to the Planning Commission and City Council, in a joint
session, on Monday, June 27. He then questioned whether or not the Council should wait to
initiate the hearing process until after they see the proposed plans. Greer stated that, regardless
of zoning, the Comprehensive Plan would need to be amended to allow for their plans. Weyrens
stated that due to the cost of preparing plans the staff requested the Planning Commission and
Council review the plans to assure that the development meets the intent of the City Planning
documents. She suggested that they meet with the Park Board as well and there is a Park Board
meeting scheduled for that same evening. Schultz stated it would be a good idea to get everyone
on the same page. The Council and Planning Commission will meet jointly on June 27 at 5PM.
The motion passed unanimously.
Loso clarified that notices will go out to the affected property owners, notifying them of the public hearing.
Weyrens stated that they would and added that the meeting notice will be posted on the webpage as well
as at City Hall.
ENGINEER/PUBLIC WORKS REPORTS
2011 Seal Coat Proiect: Thene reported that the City of St. Joseph will be bidding jointly with the Cities of
Waite Park, Sauk Rapids and Sartell for 2011 Seal Coating as a way of lowering costs. Staff has
identified 133,000 square yards to be seal coated in 2011. He is requesting approval of up to $135,000 to
complete the project.
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Frank made a motion to approve the expenditure of up to $135,000 as well as authorize the
solicitation of bids for seal coating in 2011. The motion was seconded by Schultz.
Discussion: Frank commented that the surface cracks in Clinton Village are getting bigger. Thene
stated he is aware of that and advised the Council that some of these areas will be brought forth
through the budget process as a possible mill and overlay as there are some areas that are
beyond repair.
Wick reported that the map illustrating the affected areas includes seal coating in the Graceview
Addition; however, based on a tentative agreement, the association will be reimbursing the City
for the seal coating of the private streets. If they choose not to accept the agreement or to
reimburse the City, that area will be reallocated or removed from the bid.
Thene advised the Council that they have already advertised for bids and the bid opening will be
in Sartell on July 7. He stated that they will try to complete the seal coating prior to the students
coming back to town. He added that the Fire Hall Parking lot will be completed as well. Frank
questioned how much the City will save by bidding the work cooperatively to which Thene replied
we will find out when we receive the bids. St. Joseph is looking to seal coat 133,000 square
yards. The total being bid is 500,000 square yards.
The motion passed unanimously.
Street Sign Reflectivity Project Update: Thene reported that the sign inventory is underway. He brought
in one of the old signs and one of the new signs to show the Council the difference. He stated that the
original street signs were purchased by the Lions. The City changed the street signs along College
Avenue and Minnesota last year and will be looking at placing another order. Jansky advised the Council
that the new signs are made of the same materials as the new license plates. According to Thene, the old
signs will be recycled for the old metal.
POLICE CHIEF REPORTS
Laptop Replacement: Jansky advised the Council that the Police Department currently has one laptop in
each of the patrol vehicles which is linked to the State and County systems. They are finding that by
holding on to them too long, the repairs become costly. Currently, there are two computers that are
having issues and the operating programs are outdated. The City replaced two last year and thus he is
recommending that they replace the other two this year. Jansky advised the Council that the laptops have
a three year warranty; however, he is recommending that they replaced on a four -year rotating basis.
Jansky is proposing that the funds come from the CIP as well as the forfeiture account.
Frank made a motion to authorize the replacement of two laptop computers from MINCO at a cost
of $7,842.67. The motion was seconded by Wick.
Discussion: Frank questioned the fact that the operating systems are outdated. Jansky replied
that some of the State and County programs only work with certain operating systems. Jansky
suggested replacing them on a four year rotation; however, the warranty is only for three years.
Schultz questioned why we would keep it for the additional year. Jansky stated that they generally
do not encounter problems until the 5th or 6th year, so four years seems to be a good timeframe.
Wick questioned what is done with the old ones to which Jansky stated that they are used as
replacements within the City, as needed. Loso questioned why they are not funded only through
forfeiture funds to which Jansky replied that he likes to keep funds in the forfeiture account to be
used in emergency situations. If the fund is depleted, they do not have any funds to work with.
The motion passed unanimously.
Emergency Siren: Jansky reported that the Federal Government is in the process of changing to narrow
band width for the VHF radios and sirens. He stated that the backup system at the Fire Hall is not working
properly and we need to update the system. As a result, he is recommending that the City move forward
with updating the current emergency sirens. He presented the Council with a quote from Frontline Plus
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for the update as they are the company that originally installed the siren and the sirens contain proprietary
devices.
Schultz made a motion to authorize the project to move forward and accept the quote from
Frontline Plus in the amount of $20,676 plus tax. The motion was seconded by Frank.
Discussion: Frank stated that the sirens are not meant to alert people inside their homes. He
commented that he envisions a day with people will be notified of emergencies through email,
smart phones, etc. Jansky stated that there is a need for redundancy. Some communities have
the ability to break in to their cable access channel to alert residents.
Schultz questioned the need for multiple quotes to which Jansky stated that the equipment is
proprietary and thus that is not needed. Schultz questioned the timeline for the update. Jansky
replied that he hopes to have it up by winter. They will not mess with the sirens until after tornado
season.
The motion passed unanimously.
Police Report: Jansky provided the Council with the annual report for 2010, broken down by the various
violations. The Councilors questioned the following:
• Park on Grass: Frank questioned why the number of tickets for parking on the grass was
considerably less in 2010. 'Jansky replied that they are currently not enforcing that as the
Planning Commission and City Council are working on the Ordinance to define a parking pad.
• Driving after revocation: Frank questioned why the number of tickets for driving after revocation
was about half of the number of tickets issued in previous years. Jansky advised the Council that
his leading ticket writer is now an officer in the Cities.
• Agency Assists: Loso questioned who assists the City of St. Joseph. The report indicates those
that we assist, but he would like to know who assists our department. Jansky stated that Stearns
County and Waite Park work the most with the City of St. Joseph.
ADMINISTRATOR REPORTS
Assessment Policy: Weyrens presented the Council with a final amended version of the Assessment
Policy. Loso stated that a definition was to be added to each type of project. He also stated that he does
not like the fact that the 60% was defined in the policy. He would rather have the percentages removed
and replaced with "at market value ". Weyrens stated that the goal is 60 %; however, a market analysis
would be completed to determine that actual assessment rate. Sabart added that staff needs a
percentage to be identified to give them a starting point. Wick stated that the percentages should remain
in the policy to allow for a maximum unless it is determined otherwise.
Loso expressed his concerns about the life expectancies as presented. Sabart explained that there are
some regional differences for the life expectancy of certain improvements, based on climate and design.
He added that the anticipated life expectancies are consistent with the City of St. Cloud. The purpose of
indicating a life expectancy is to determine at which time the full assessment rates will be applied.
Surface life does not mean that it must be replaced at that time.
Frank stated that other cities have deferrals and hardships included in their document. Some include an
income test. He suggested possibly amending the ordinance to include an income test as well as military
and physical disabilities. Weyrens stated that the Ordinance relating to seniors and disabilities could be
expanded.
Frank requested that Weyrens explain the purpose of the assessment policy. She replied that the
purpose is to solidify past practices, illustrate what residents can expect if they are part of an
improvement, and identify that the City acknowledges that the assessment must increase market value.
She advised the Council that the corrections will be made and it will be brought back as a consent item at
the next meeting. Loso stated that he would like the word "shall" to be replaced with "may ", throughout.
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Schultz stated that "may" is more objective and "shall" is more subjective. Weyrens stated that those
changes may cause the policy to seen wishy- washy.
Performance Measures: Bartlett stated that, in 2010, the State Legislature passed a statute allowing cities
to participate in a standard measures program to provide communication to its residents on an annual
basis. By participating in the program, the City could receive an incentive of approximately $917.76. She
stated that although it is an optional item at this time, it may be mandatory in the future. Weyrens added
that staff could come up with some ideas and measures. In order to receive the per capita incentive, the
City must declare ten standard performance measurements as determined by the State. Those items are
included on a resolution that must be passed if the City wishes to participate.
Loso questioned whether the $917 would be enough to cover the cost of conducting such a survey and
questioned how this would benefit the City. Bartlett responded that it would be a good way for citizens to
provide feedback and the City to gain an idea of the priorities of the taxpayers. Frank stated that he is
intrigued by the idea of doing such a survey, but stated he doesn't want to be the first City to participate.
He does; however, feel that it would be best to do this sooner than later. If the City does participate, Frank
added that he would like to add other measures as well such as communication patterns, openness, etc.
Wick stated that he would like to a more qualitative survey. He questioned what the City would then do
with the information that is gathered. Bartlett advised the Council that Woodbury and Minneapolis have
done these types of surveys in the past, so there are other examples out there. Frank stated that this
would be a good tool to use to measure how we are doing and to make sure that we are accountable.
Schultz added that feedback is important.
In addition to the financial incentive, Bartlett stated that the City would then be exempt from levy limits for
2012. Loso expressed that he likes levy limits and does not support this initiative.
Frank made a motion to approve Resolution 2011 -014 declaring St. Joseph's participation in the
State Program's regarding performance measures. The motion was seconded by Wick.
Ayes: Frank, Wick, Schultz
Nays: Loso Motion passed 3:1
Graceview Estates: Weyrens reminded the Council that they will meet in a workshop setting on June 23
at 6:30PM to discuss the issues relating to the Graceview Estates Homeowners Association. She stated
that no decisions will be made at the meeting; rather they will discuss the issues that have been
addressed during their previous discussions with the sub - committee.
MAYOR REPORTS
Planning Commission: Schultz reported that the Planning Commission met on June 6 to review some
possible Ordinance Amendments. They decided to put everything aside until they can meet jointly with
the City Council.
Joint Planning Board: Schultz stated that the Joint Planning Board met at the Township Hall. They
approved a rezoning request for Katherine Klein - Rausch to rezone from Industrial to Commercial.
Weyrens added that the proposed retail use includes the sale of formal wear, a hair salon as well as a
photography studio. She added that, once a rezoning request is considered by the Joint Planning
Committee, it must be presented to the City Council and the Township Board for approval. That meeting
will take place on June 23, 2001 at 8PM.
APO Executive Meeting: Schultz reported that he attended the APO Executive meeting at which they
discussed a recommendation for staff salary adjustments. They also reviewed the material for the annual
DC trip and the KDV audit. Their audit indicates that they have a 12 month cushion of reserves.
Meeting with Bachmann Staff: Schultz advised the Council that he will be meeting with Michelle
Bachmann's staff on Friday regarding issues of concern relating to St. Joseph.
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COUNCIL REPORTS
WICK
EDA: Wick stated that the EDA will meet next week to begin working on the 2012 budget as well as get
an update on the CEDS process.
Fireworks: Wick reported that he was recently approached regarding the fireworks display. The Jaycees
and the Chamber have decided to scale back their donation to the 4 n of July fireworks for next year. Wick
stated that there are other potential options for raising revenue such as gambling money, winter
recreation and donations. Coborns is making a match as well.
LOSO — No Report
FRANK
Cone Castle: Frank questioned the status of the Cone Castle project. Weyrens replied that they plan to
construct this year, but they have been experiencing some issues with closing on the property.
EDA: Frank advised the Council that the EDA will be discussing the $8,000 that was previously in the
budget for the former Economic Development Partnership. He was advised that to put the money back
into the General Fund requires a super majority vote (four votes in favor). He stated that any expenditure
of more than $1,000 requires approval from the Council. He questioned the Council whether or not they
had any ideas for those excess funds. The Chamber's new focus is on existing businesses. Loso
suggested putting those funds into the Revolving Loan Fund (RLF).
Adjourn: Wick made a motion to adjourn at 9:15PM; seconded by Loso and passed unanimously
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