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HomeMy WebLinkAbout2013 [04] Apr 18April 18, 2013 Page 1 of 4 Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday, April 18, 2013 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors Renee Symanietz, Dale Wick, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: Police Chief Pete Jansky, Publics Works Director Terry Thene, City Engineer Randy Sabart Others Present: Shane Scavel, Sam Dipper, Kevin Wenner, Dan Pesek, Dillon Hager, Elliot Olsen, Will Moore, Jane Gengel, Sam Dittberner, Ana Nugert, Christine Gunderson, Liz Bergner, Brita Skalbelk, Christina Gervais, Margaret Paul, Hannah Seels, John Reagan, John Ltite, Reed Odoll, John Palmisano, Ben Krebsbach, Rob Sybrant, Charlie Heitner, Lke Larson, Calvin Koep, Brian Vorgason, Megan Flaherty, Joel Hergott, Justin Woodruff, Michael O'leary, Logan, Kelsy Ossendorf, Frank Osendorf, Allie McDonald, Lisa Weathers, Luke Newgaard, Ryan Yungers, Bobby Fischer, Jack Berndt, John Loaran, Chris Neuman, Katherine Hideudl, Shannon Jessen, Bridget Jessen, Jennifer Paphatsalang, Ken Farmer, Brooke Brodeus. PUBLIC COMMENTS — No one present wished to speak. Approval of the Agenda: Symanietz made a motion to approve the agenda with the deletion of item 6, Debt Management Study. The motion was seconded by Loso and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda; seconded by Wick and passed unanimously. a. Minutes — Approved the minutes of March 21, April 4 2012. b. Bills Payable — Approved check numbers 046463- 046512, payroll EFT # 000790 - 000794 and accounts payable EFT #001611 - 001614. CSB /SJU Student Representation: Shane Scavel, Sam Dipper, Kevin Wener and Dan Pesek approached the Council on behalf of a number of students from the College of St. Benedict and St. John's University. Savel thanked the Council for the opportunity to discuss areas of concern as well as the students attending the meeting in support of the concerns. He stated that the students are frustrated with the recent Ordnance Amendments one which requires a city issued permit for all kegs and the second one entitled Social Host. Pesek stated that they recently met with Mayor Schultz and discussed the following three areas of concern: Communication: A goal to improve communication between the City of St. Joseph and the schools of St. Johns and St. Bens. Students consider themselves major stakeholders in city matters, contributors to the economy, and many students are residents. A Solutions — City could advertise notices, agendas and Ordinance amendments in the school newspaper, The Record. B. Offer an unpaid "internship" to a student to help develop a social media presence, ie; Facebook, Twitter. . 2. Keg Ordinance. The students see the recent requirement to secure a City permit for all kegs as an unnecessary measure and to find out where the parties will be held. The permit process also requires the signature of the landlord and they are not always available or are unwilling to sign the permit. 3. Social Host Ordinance. It is the opinion of the students that the penalty for the recently adopted Social Host Ordinance is excessive and the punishment does not fit the crime. The fine is a Misdemeanor which carries a fine of up to $ 1,000 and follows a student for life Under this Ordinance a student hosting a party could be held responsible for minor consumption even if they did not secure the alcohol at the party. This ordinance is jeopardizing the community feeling April 18, 2013 Page 2 of 4 amongst the students and it will cause a separation between those who can drink an those wo cannot. Symanietz questioned if any of the students attended the public hearing that was conducted by the Council before adopting the Ordinances. Scavel stated that the hearing was held while they were on break so they were unaware of the opportunity. He further stated that they have discussed the lack of communication with the College /University Administration and feel that creation of social media could bridge this gap. Frank stated that he has long been an advocate for internships and questions how it could be utilized for the creation and implementation for a City presence. He stated that it was his understanding that the campus "blue screen" was used as a tool to help inform the students of the changes and perhaps the City could use this tool more often. Frank stated that he attended the Pint and Politics recently held at Brother Willies Pub and he distributed information on the Ordinances including factual information whereby over 80 MN, most Counties and half of the United States enforce a social host ordinance to curb minor drinking. Frank stated that maybe the students could do the leg work and check with cities that have implemented a Social Host Ordinance to see what pros and cons they have experienced. At this time it does not make sense to modify the Ordinance without factual support. Scavel stated that it is his opinion that St. Joseph is unique and does not have all the crime that other communities have. Therefore, it would be difficult to find a similar situation. City Engineer Reports CASH 2 Trail Update: City Engineer Randy Sabart reminded the Council that at the last Council meeting the Council discussed a funding opportunity for phase II of the CR 2 Trail extension. The APO has between $ 120,000 and $ 130,000 in excess federal funds that can be used for a qualifying project. Based on the APO funding criteria, St. Joseph should have first opportunity to use the funds as the CR 2 trail extension is the next trail to receive funding. However, the funding that is available is minimal compared to the actual cost. Therefore the Council questioned if phase II could be divided into two sections so that additional funding could be secured. The APO has indicated that as long as the trail sections have natural termini they could accept dividing phase II into two sections with the first section extending the existing trail from 6th Ave NW to the new trail section just completed. The third phase would then extend from the new trail east to CR 51. The funding would first be available in 2016. Sabart stated that the City has yet to determine the location of the sidewalk as if it were to extend on the north side of MN Street there are a significant number of impediments. It may be easier to extend the sidewalk on the south but easements would be required. The City does not need to determine at this time the location of the sidewalk, only commit to extending the trail /sidewalk. Sabart estimated that the estimated trail cost for the first section is approximately $ 455,000 with lighting or $ 365,000 without lighting. The APO is requesting a decision by St. Joseph no later than May 15, 2013 as St. Cloud is seeking the same funding for the extension of the Beaver Island Trail. Wick questioned the next availability of federal funding to either finish the trail section or to delay the next phase. Sabart responded that the APO will be soliciting applications for funding in 2018 for which the City could apply. Other regionally significant trails would be competing for the same funds. Wick questioned if using Federal Funding would increase the cost of project to where it would not be advantageous. Sabart stated that the increased costs would be minimal as most contractors in the area use prevailing wages and that this the most significant difference. The Council requested that the necessary resolutions be prepared for Council review and decision at the next Council meeting. Police Chief Reports Policy Updates: Chief Jansky updated that all police departments in the State of MN have to have certain mandatory policies in place that are dictated by the State of MN and the POST (Police Officers Standards and Training) Board. He is in the process of updating Policy and Procedures for the St. Joseph Police Department to keep up with state statute and current standards. The proposed changes have been April 18, 2013 Page 3 of 4 reviewed by the City Attorney and his corrections have been made. Jansky stated in the past the policies and procedures have been reviewed by the Council, but in checking with the Attorney, there is no such requirement as the majority of the policies and procedures are driven by State Statute. Jansky clarified that the City Personnel Policy is a separate matter and not included in the Police Policy Handbook. Weyrens commented that policies weren't as regulated as they are today, so the council did approve them. However, because they are driven by state statutes and guidelines, they recommend stopping the practice because it's redundant. Wick commented that even if the council wouldn't like a certain item, it's likely it couldn't be changed anyway. The Council concurred that they do not need to approve or review the Police Policies as they are amended from time to time; however if there are significant changes the Chief could provide information view his staff report. Fee Schedule Amendment: Jansky reported that he has been working on cleaning up outstanding parking tickets. His office has tickets dating back to 2009 that have not been collected. In talking to the area Chiefs, many of them use the recapture program to collect outstanding tickets. Any fees that are charged for the service is added to the ticket for collection. The process to use the service requires two separate notification. The first notice provides for 30 days to pay the fine, followed by two seven day periods after which the fine is sent to MN Recapture. The fine is as follows: the original parking ticket is $ 20.00, if not paid in 30 days it goes to $ 40.00 and an additional 7 days is provided and the fine is increased to $ 60.00; 7 days later the fine goes to $ 85.00 and if not paid it is forwarded to MN Recapture with the filing fees added for a total of $ 110.00. Jansky stated that persons receiving a parking ticket still have an opportunity to contest the ticket and the process for such is included with the parking citation. The St. Cloud Attorney's Office handles contentions with a neutral party so the police department issuing the ticket does not have to handle the dispute. Loso made a motion to amend the fee schedule to add the parking fines as stated above and authorization to utilize MN Recapture to collect outstanding warrants. The motion was seconded by Frank. Administrator Reports Annexation: Weyrens presented the Council with two separate annexation requests. The first annexation resolution is for the property being developed by the US Corp of Engineers for the training center. This annexation meets the criteria in the Orderly Annexation Agreement so Township approval is not needed. Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2013 -017 authorizing annexation of the property owned by the US Corp of Engineers. The motion was seconded by Symanietz and passed unanimously. The second annexation resolution is to annex the former CR 2 ROW so the city can capitalize on the MSA (MN State Aid) funding. The proposed annexation was discussed at the recent joint City/Township meeting and the Township was not opposed provided the resolution includes language that prohibits the City from using the roadway for the purpose of meeting the contiguous annexation criteria. Loso questioned if the annexation of the ROW will impact the negotiations for the turn back and needed improvements. Sabart stated that it will not have an impact as they are two separate issues. Sabart was also questioned about the curvature of the revised intersection and if semaphores will be installed. Sabart responded the sharp curvature is temporary and when the road is finished it will be modified. With regard to the semaphores, they are not included in the project and would have to meet federal warrants before they would be ordered. Wick made a motion to authorize the Mayor and Administrator to execute Resolution 2013 -017a annexing the ROW of the former CR 2. The motion was seconded by Symanietz and passed unanimously. Police Chief Hire: Weyrens reported that Joel Klein has accepted the promotion to Police Chief and she is working with the Mayor and Klein to establish a transition plan. Jansky stated that Klein will be attending the Police Chiefs conference next week to aid in the transition process. April 18, 2013 Page 4 of 4 Compost Area: Weyrens reported that the Public Works Director has been working on various options for relocating the city compost site. Thene has reached an agreement with C & L Excavating who owns approximately 3 — 5 acres of property on Ridgewood Road, approximately 1 mile north from Bee Line Marne. The following is a summary of the terms; • C & L will provide the staffing • The hours of operation will be Monday, Wednesday and Friday from 2 PM — 7 PM and Saturdays from 8 AM to 12 (noon). • The City will share the revenue recovering the administrative expenses. • The City will issue the permits charging $ 30.00 for St. Joseph City/Township Residents. If the Council approves St. Wendel could participate at a cost of $ 60.00. • The term of the agreement will be three years. • The City Attorney and insurance company will review the proposed agreement. • The College /Monastery of St. Benedict can participate at a permit cost of $ 500 each. • The old site will be cleaned and the material will be moved to the new site. • Residents will be allowed to take the compost material as in the past in small quantities. • C & L will offer for sale addition items such as black dirt and landscape material. • Compost material and tree branches will be accepted and larger limbs will be allowed provided they are cleaned. • The compost site will open on May 6 and residents will be provided a map illustrating the new location. Schultz made a motion to authorize execution of a cost sharing agreement with C & L Excavating to host and staff the St. Joseph compost site, expanding the users to include St. Wendel Township with a permit fee of $ 60.00 and St. Cloud at a permit fee of $ 45.00. The motion was seconded by Wick and passed unanimously. The Council questioned the outstanding balance of $ 10,000 owed to the City by St. Wendel Township and if the City will still collect the fee if the residents are allowed to use the compost area. Weyrens stated that at some point the City will have to extend services and at that time the fee could be collected. The only other option is taking legal action against the Township but that would be costly. TIF Assignment — Millstream Shops and Lofts: Weyrens stated that she has been approached by Collegeville Communities, developer of Millstream Shops and Lofts, with a request to execute a new TIF Assignment Note. Collegeville Communities has refinanced their secondary note as it relates to the TIF for the Shops and Lofts and since the TIF Assignment Note indicates how the TIF payments are made, a new assignment must be executed with the new financial institution. Weyrens stated that the new assignment has been reviewed by the City Bond Counsel, Mary Ippel, and she has revised the agreement to meet the needs of the City and recommends execution. Loso made a motion to authorize the Mayor and Administrator to execute the TIF Assignment Note for the Millstream Shops and Lofts, assigning payments to MinnWest. The motion was seconded by Symanietz and passed unanimously. Council Reports: Frank questioned the status of the Administrative Assistant to which Weyrens stated this is considered a personnel issue that will be addressed and she can respond to him directly. Admiourn: Schultz made a motion to adjourn at 8:00 PM; seconded by Wick and passed unanimously. d reen Y Y Adm� strator