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HomeMy WebLinkAbout[04a] Minutes January 17, 2013 15 Page of Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, January 17, 2013 in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Finance Director Lori Bartlett, Police Chief Pete Jansky, Public Works Director Terry Thene and City Engineer Randy Sabart Others Present: PUBLIC COMMENTS – Noone present wished to speak. Symanietz made motion to approve the agenda removing consent agenda item Approve of Agenda: th 4(c), December/4 Quarter Treasurer’s Report from the consent agenda for discussion. The motion was seconded by Loso and passed unanimously. Wick made a motion to approve the consent agenda as follows; seconded by Consent Agenda: Symanietz and passed unanimously. a. Minutes –Approved the minutes of November 20, and December 20, 2012 and January 3, 2013. b. Bills Payable – Approved check numbers 046166 - 046202 payroll EFT # 000760-000764 and accounts payable EFT# 001600 - 161602. c. Removed for discussion Treasurer’s Report: Frank stated that he requested to remove the item from the consent agenda to discuss the interest on investment. He stated that the information provided to the Council indicates that the City has received interest rates slightly higher than the average and questioned Bartlett what attributed to the higher rates. Bartlett stated that both local financial institutions are paying higher rates than the money market so the money is kept local. At a recent training event Bartlett stated the highest return rate she is aware of s St. Pau with a return on investment of 2.3%. The total interest for the City in 2012 is approximately $ 228,000. Wick questioned the cash position on the Treasurer’s Report and if that referred to cash reserve or current balance. Bartlett stated that it refers to current balance. She further stated that the City still maintains between four and six months of reserves and the City will be within that range for year-end 2012. Frank requested clarification on the sales tax fund an fund spent and anticipated to be spent. Bartlet stated that the fund balance at year-end is approximately $ 1.1. Expenditures in 2012 include the CR 2 Trail, $ 420,000 with a balance due of approximately $ 200,000 and engineering fees for the proposed sidewalk extension on CR 2/College Avenue and CR 133. Frank questioned what amount of funds are undesignated to which Bartlett responded approximately $ 2 M. Frank questioned the fund balance in the various funds, to which Bartlett stated that not all year-end entries have been completed so it is difficult to state the balance for each fund. The utility funds still have one billing cycle to be included as an account receivable and not all the expenditures have been recorded as well. th Loso made a motion to accept the December 2012/4 Quarter Treasurer’s report as presented. The motion was seconded by Wick and passed unanimously. Noise Ordinance: Weyrens presented the Council with a draft Noise Ordinance, re-writing and updating the existing Ordinance. The Ordinance Amendment corrects inconsistencies with the rental ordinances and provides additional detail on types of noise accepted. The draft Ordinance is similar to the Ordinance adopted in St. Paul which has been tested through the court system and determined enforceable. Loso questioned if the City can enforce an Ordinance that does not identify the volume of noise that is acceptable. City Prosecuting Attorney, Matt Staehling stated that St. Cloud uses a similar approach and January 17, 2013 25 Page of courts do not require decibel readings for enforcement. Weyrens stated that staff is seeking input a this time and will bring the Ordinance back for possible adoption at a future meeting. Public Hearing – Ordinance Amendments: Social Host, Keg Permits and Disruptive Intoxication: Schultz opened the public hearing and stated the purpose of the hearing is to solicit public input on the following proposed Ordinance Amendments: 1. Social Host – Discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, holding persons responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol. 2. Keg Permits – Requiring any individual of lawful age under the laws of State of Minnesota who possess a keg in any residential zoning district to obtain a keg permit. 3. Disruptive Intoxication – Prohibiting certain harmful conduct of intoxicated persons. Weyrens stated that public hearing was advertised in the St. Joseph Newsleader, included in the City Newsletter and placed on the cable access channel. If the amendments are adopted, they are proposed to become effective on March 1, 2013. The College of St. Benedict and University of St. John’s have offered to provide outreach to the students to help inform them of the new provisions. Schultz questioned Weyrens if she received any written testimony to which Weyrens stated no. She stated that she received on call from a liquor license holder questioning if they would have to enforce the Ordinance. Weyrens clarified that the responsibility of securing a keg permit is the sole responsibility of the buyer and permits will only be available during City Office normal business hours, Monday through Friday, 8 AM to 4:30 PM. The recommended fee for the keg permit is $ 5.00 per permit. Loso made a motion authorizing the Mayor and Administrator to execute Resolution 2013-001 Adopting Ordinance 75, Social Host; execution of Resolution 2013-003 amending Ordinance 74 permitting Kegs with a $ 5.00 permit fee; and execution of Resolution 2013-005 Adopting Ordinance 112, Disruptive Intoxication with all Ordinances becoming effective March 1, 213. The motion was seconded by Wick. Ayes: Schultz, Wick, Loso, Frank Nays: Symanietz Motion Carried 4:1:0 Loso made a motion authorizing the Mayor and Administrator to execute Resolution 2013-002 authorizing summary publication of Ordinance 75, Social Host; execution of Resolution 2013-004 authorizing summary publication of Ordinance 74 permitting Kegs; execution of Resolution 2013- 006 authorizing summary publication of Ordinance 112, Disruptive Intoxication. The motion was seconded by Schultz. Ayes: Schultz, Wick, Loso, Frank Nays: Symanietz Motion Carried 4:1:0 City Engineer Reports Sidewalk Bids: Sabart reminded the Council that in August 2012 the City solicited bids for two sidewalk improvements, one on the west side of CR 2/College Avenue with connection to the Wobegon Trail and th the second trail section adjacent to 12 Avenue/CR 133, north of Minnesota Street E providing a safe connection to the commercial businesses located north of CR 75. The City only received one bid and it exceeded the engineers estimate. Due to the lack of competitive bids and lateness of the bid, the Council opted to wait until early 2013 to re-advertise the project in anticipation that additional bids would be received. Sabart stated that if the Council approved the solicitation of bids at this meeting, they will be advertised in February with a March bid opening. Sabart stated that since the last time the project was bid, McDonalds constructed the portion of sidewalk the adjacent to CR 133. From the south end of the sidewalk to the Wobegon Trail there is not a sidewalk section as McDonalds was only required to construct the portion that abutted their property. Sabart question whether or not the Council would like to add this section to the project. Wick questioned if the January 17, 2013 35 Page of additional sidewalk section would create a safety hazard with pedestrians trying to cross CR 75 as the sidewalk on the south side of CR 75 is on the opposite side of street. After considerable discussion the Council concurred that the project should be expanded to include the additional sidewalk section. Schultz made a motion to authorize the City Engineer to solicit bids for the 2013 Sidewalk improvement project to include the following: 1) replace the existing sidewalk on the west side of College Avenue with a six foot sidewalk between Date and Elm Street; constructing a new eight foot wide bituminous trail across the water tower property between Elm Street and the Wobegon Trail and connecting to the trail at the trailhead facility, just north of the water tower; 3) th Constructing a new six foot wide sidewalk on the east side of 12 Avenue between Minnesota Street and CSAH 75. The pedestrian ramps on the southeast and northeast sides of the CSAH 75 intersection and across the southeast “pork chop” would be reconstructed; 4) Constructing a new six foot wide sidewalk on the east side of County Road 133 between CSAH 75 and Elm Street (the pedestrian ramps would not be constructed to face west at the Coborn’s driveway entrance to discourage mid-block crossing; 5) completion of the sidewalk from the southern end of the sidewalk adjacent to CR 133, south to CSAH 75. The motion was seconded by Symanietz and passed unanimously. Utility Extensions: Weyrens stated that the City has been discussing the best method for extending utilities west towards the realigned CR 2. The EDA has been working with two property owners adjacent to I-94 and CR 2 who have requested information on the extension of sewer services as they anticipate developing their property, but need municipal services. Sabart stated that he recently attended the EDA meeting to discuss the potential sewer extension and costs associating with the endeavor. At the present time sewer service is not available to properties in the Orderly Annexation Area west of the City limits to I-94, capacity is available and extension is possible but costly. Sabart stated that the City has two options for extending sewer services with one being a short term fix and one long term. The short term option would use existing sewer lines and would be limited to providing service to the area known as Gateway Commons. Sabart cautioned the Council that the capacity of the existing pipes has yet to be reviewed and this option is only applicable if the pipes have enough capacity. The long term option includes extending a large pipe south and west from the main lift station. This option is estimated to cost between 3.8 M and 4.0 M and will involve a fair amount of deferred assessments. This option also requires the securing of easements for the pipe. When reviewing alternative pipe locations the sewer could be extended on either side of the Watab Creek with the west side probably the most effective. The pipe would then extend parallel to CR 2. Sabart stated the purchasing easements can be challenging and time consuming. Loso questioned if the pipes are installed in the farm field are if the farmer could plant over. Sabart responded yes; however, there would be a significant number of manholes that they would have to be aware of. Sabart stated his concern with the short term option is the limited capacity of the pipes and extending service for only one property. At some point the City will have to extend the utilities as planned and referred to as the long term fix. When that time comes the City will not be able to recoup costs from property owners that already have been provided services, such as Gateway. Sabart stated that the City needs to consider utility extensions in other areas of the City. At one time the City had an interested developer near Millstream Park seeking utilities. Currently water and sewer services end at the main left station on the north side of CR 75. This area could be served in part with the same sewer pipe that would serve the Gateway property or property adjacent to I94 and CR 2. Water would have to be extended the entire distance and sewer would then be extended from CR 2 west. This extension would most likely include a lift station as well. Schultz stated that the difficult part for him is that the best solution, setting aside cost, for the sewer extension is extending the sewer west along CR 75 and then south along the realigned CR 2. However, it becomes a matter of cost and if the City has a developer that is ready to develop, how does the City facilitate the development. He further stated that he is concerned about risk and return on investment. January 17, 2013 45 Page of Loso requested Sabart review the capacity of the existing sewer line on Minnesota Street for possible extension to the Gateway Area. If the capacity is available it could spur development adjacent to I94 and at that time the City could consider taking on the larger project. Schultz requested that Sabart also consider what improvements would have to be made to the sewer pipes if capacity is currently not available and to try and identify a cost for the extension. Sabart agreed to review the proposed alternatives and bring back additional information at a later meeting. 2013 Street Improvement Project: Sabart presented the Council the proposed 2013 Street Improvement Project. He stated that he met with Public Works Director Terry Thene to discuss road sections within the Street Maintenance Plan that are in need of improvement. The proposed project will include the following street sections: 1) Baker Street, from 2nd Avenue SE to 7th Avenue SE; 2) 7th Avenue SE from Baker Street to Minnesota Street E; 3) Ridgewood Court, from Ridgewood Road (CR 134) to the cul-de-sac, approximately 1,100 feet west of Ridgewood Road (CR 134); 4) Cedar Street E, from 1st Avenue NE to Northland Drive; 5) 1st Avenue NE, from Cedar Street to Date Street E; 6) Date Street E, from College Avenue N (CSAH 2) to 1st Avenue NE; 7) Date Street W, from 1st Avenue NW to College Avenue N (CSAH 2); and 8)1st Avenue NW, from CSAH 75 to Date Street W. The Council questioned Sabart if Ridgewood Road is actually a street or a private road. Sabart responded that is actually a street and services the City Lift Station as well as the abutting businesses. The project includes bituminous overlay, not reconstruction or utility construction/reconstruction. Sabart stated that the areas along Cedar Street, Date Street and First Ave NW are in need of utility replacement as the pipes were installed in the 1950’s. The City was waiting for redevelopment to update the system but as that has not happened; the proposal at this time is to just overlay the road. He is concerned that if development occurs before the life of the road (10 – 15 years), the City will be tearing up a road that has useful life and may be criticized for lack of foresight. Sabart stated the first step in an improvement project is ordering a feasibility report which will identify the Schultz made a motion to adopt Resolution 2013-011 ordering the scope of work and project costs. feasibility report for the proposed 2013 Street Improvements. The motion was seconded by Wick and passed unanimously. 2013 Lift Station Improvement: Sabart stated that he is working with Public Works Director Terry Thene to identify the scope of work for the proposed 2013 Lift Station repair. This project includes rehabbing the main lift station and infrastructure under CR 75. The current infrastructure and controls are over 20 years old and failure would create a significant issue; therefore the rehab project is being brought forward. The Council questioned the capacity of the pipe to which Sabart responded he will have additional information once they finish analyzing the existing and future needs. He stated that he will bring back additional information at the next Council meeting. Administrator Reports Upcoming Hearings: Weyrens reported that the next Council meeting will include three public hearings with one regarding a refinance of conduit debt, one regarding a public input hearing for the proposed housing rehab grant and the third for the street light utility. Frank requested clarification on the hearing regarding conduit debt. Weyrens stated that purposed that are not public, but operate like public entities are allowed to bond using a City’s name. In 2001 the Independence Center in Waite Park used the City’s name to finance a facility. Renamed at this time to Opportunity Matters, they are refinancing, using Sartell as the agency, but to release the existing debt, a hearing must be conducted. RFP for Attorney Services: Weyrens requested feedback from the Council regarding the four proposals received for providing civil legal services. The Council agreed to interview all four firms and requested Weyrens arrange for the interviews. Police Chief Retirement: Weyrens stated that she has recently received a notice of retirement from the Police Chief, Peter Jansky. Jansky stated that while he enjoys working for the City of St. Joseph, he will be retiring from the Department on August 31, 2013. He offered his assistance at helping select the January 17, 2013 55 Page of replacement Chief and stated that he decided to announce his retirement at this time to give the Council ample time to fill the position. If the Council fills the position early and wants him to retire sooner, he is willing to do that as well. Weyrens suggested that the Council determine what process they preferred to use for filling the position. Schultz questioned what is the most effective place to advertise the opening to which Jansky sated the Police pool line and the League of MN Cities online job search. The Council requested Weyrens prepare alternatives to the Council for filing the position at the next Council meeting. Wick made a motion to reluctantly accept the resignation/retirement of Police Chief Peter Janksy. The motion was seconded by Symanietz and passed unanimously. Mayor Reports Legislative Funding for Wobegon Extension: Schultz reported that he initiated discussion with Senator Pederson regarding funding (approximately 2.7M) for the Wobegon Trail extension to Waite Park/St. Cloud and will be meeting with Representative Howe on Saturday hoping to encourage him to include the same language in a house companion bill. The total project cost is approximately 3.7M. Joint Planning; Met with the Township Board Chair and Stearns County Commission regarding proceedings before the Joint Planning Board. All agreed that some changes can only enhance the process. They also discussed the need to begin discussions to review and possibly amend the Orderly Annexation Agreement. Coalition of Greater MN Cities (CGMC): Schultz reported that the CGMC Board recently met and they are considering restricting the dues with St. Joseph’s dues remaining constant. They are anticipating phasing in the Cities of Duluth and St. Cloud. . Council Reports SYMANIETZ APO: Symanietz reported that she recently attended the APO meeting on behalf of Mayor Schultz at which time they discussed the upcoming transportation lobby trip to Washington DC. The trip will take place in February and they hope to secure additional transportation funding. WICK EDA: Wick reported that the EDA will be meeting next week. LOSO – No Report FRANK - Website: Frank questioned the posting of information on the City webite and if labor agreements will be posted on the website. The Council stated that typically contracts are not posted and if someone would like a copy of such they should contact Weyrens. Frank stated that he has also received an inquiry about when the budget and final minutes will be placed on the website. Weyrens stated that staff updates the site as time permits. He also questioned if future features are planned for the Website. Schultz stated that he would like to see photos added for staff and officials. : Wick made a motion to adjourn; seconded by Loso and passed unanimously Adjourn Judy Weyrens Administrator This page intentionally left blank