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HomeMy WebLinkAbout2003 [04] Apr 03 I I April 3, ~003 Page 1 of 5 I , Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular sessibn on Thursday, April 3, 2003 at 7:00 PM in the St Joseph City Hall. ¡ , I Members Present: Mayor Larry Hosch. Councilors Ross Rieke, Dale Wick, Gary Utsch, and AI Rassier. City Administrator Judy Weyrens. ! Citv Representatives Present: City Engineer Joe Bettendorf; Public Works Director Dick Taufen Others Present: Barb Schloemer, Dylan Johnson, Andrew Paulson, Tom Sullivan, Kevin Booth, and Jason Baily. Approve Aaenda: Rassier made a motion to approve the agenda with the following additions: Ob) Liquor License request; 10c) Flexible Spending Amendment. The motion was seconded by Utsch and passed unanimousiy. Consent Aaenda; Rassier made a motion to approve the consent agenda as follows: a. b. c. d. e. f. I g. h. I Bills Payable - Approve check numbers 32588 - 32632 Minutes - Approve the minutes of March 20, 2003. Church of St. Joseph Temporary Liquor License - App,rove a temporary On-sale liquor license for the St. Joseph Parish for the annual July 4 h celebration. The license period shall begin July 2, 2003 and end at midnight July 5, 2003. i , i Agreement for future consideration - Adopt the Resolution commItting to construct the southern Corridor by the year 2006. , i Agreement for matching federal funds - Adopt the Resolution committing to matching' federal funds for the southern corridor. : Gambling Exemption - Accept the Application for Exempt Permit for the St. Joseph I Parish for an event to be held on July 3 - 4, 2003. i Water Department - Authorize the acid cleaning of well #4. , I Equipment for the 2003 Patrol Car - Authorize the purchase of $ 1,406.75 in equipment for the new squad car. ' The motion was seconded by Rieke and passed unanimously. Public Comments: No one present wished to speak Noise Violation. 448 1" Avenue NE ASK Manaaement: Barb Schloemer, Campus Park on-site, i Manager approached the City Council regarding a noise violation that occurred at 448 - 1 st Avenue NE on March 22, 2003. Schloemer stated that she was made aware of the alleged noise violation and is n'ot disputing that a noise violation did occur on said date. Rassier made a motion acknowledging that ¡¡ noise violation did occur at 448 - 1st Avenue NE on March 22, 2003 as evidenced by the Police I Report and the admission of the property owner. The motion was seconded by Rieke and passed unanimously. I Hosch stated that since the findings indicated a noise violation occurred, the Council must move to the' disposition phase of the process. Utsch expressed concern that the tenants at the above mentioned i address did not cooperate with the Police Officers. Hosch corrected Utsch and stated that in discussing the matter with the Police Department the tenants did cooperative with the Police and that is why citations were not issued to the individual tenants. Hosch further stated that he has been contacted by the tenants ~f the above stated property, who have expressed remorse for their actions. : I Dylan Johnson, resident at 448 1st Avenue NE approached the City Council stating that at the time the I officers arrived, there were people standing outside the townhome complex and parking lot area and did his best to cooperate with the officers. He further stated there were no overnight guests and presented the City Council with a letter of apology. ' Andrew Paulson, resident at 448 1st Avenue NE approached the City Council stating Johnson had arriJed home five (5) minutes prior to officers arriving. Paulson stated the door was opened and they had a sn)all boom box that wasn't playing music very ioudly. Paulson further~tßted the majrity of the music ,!"as I , I i April 3, 2003 Page 2 of 5 coming from a vehicle of a non-guest and non-resident in the parking lot and feels the majority of the violation came from the person in the vehicle. Rassier stated that while he empathizes with the tenants, they have a responsibility for guests at their apartment. If the guests make noise which results in a noise violation, then the tenants are responsible. Rassier further stated that tenants always have the ability to call the police if they need assistance. Requesting assistance before the Police are called will prevent a noise violation. Paulson stated he believes the majority of the people had filtered down from the other end of the townhome complex when they saw the squad cars. It is his opinion that some of the noise came from people coming to see why the squad cars were in the area. Rassier questioned Schloemer if the tenants will be fined by the management company, ASK Management. Schloemer responded that the tenants will fined in accordance with their lease and if another violation occurs they will be evicted. Schloemer further stated that the management company wishes to apologize for the incident and wishes to assure the Council that they will remind the tenants in the building of the party restrictions and fines of having such. Hosch made a motion to impose of fine of $150.00 for the noise violation that occurred at 448151 Avenue NE on March 22, 2003. The motion was seconded by Rassier and passed unanimously. CITY ENGINEER REPORTS Northland Piat 7. Feasibilitv Report: Bettendorf presented the Council with the feasibility report for Northland Plat Seven. Northland Plat Seven will consist of 28 single family homes and Ted Schmid of Lumber One Avon has requested the extension of utility services. The cost of the improvements will be borne by Schmid. To follow is a summary of the feasibility report: $534,745 Northland Plat Seven $ 10,143 Over-sizing (City costs, for making the sewer deeper) $ 46,560 Rothfork costs (Costs that are associated with bringing the sewer through and property that is still owned by the Rothforks, will be paid by the Developer. $591,448 Total Projected Costs Based on the feasibility report it is estimated that the assessment cost per lot will be $19,698. Weyrens stated she had spoken with the Developer and they are requesting that the City move forward and accept the feasibility report. Rieke made a motion to approve Resolution 2003-07, Ordering Improvement and Preparation of Plans for Northland Plat 7 as presented. The motion was seconded by Utsch and passed unanimously. Libertv Pointe _ Final Plat: Bettendorf reported the preliminary plat for Liberty Pointe was approved on February 20, 2003 subject to the following conditions: 1) review of final drainage plans; 2) securing easement for utilities along the private road section of the development. Bettendorf stated that he has reviewed the final plat including the contingencies and he is satisfied with the final plans. Therefore it is his recommendation the City Council approve the plat for Liberty Pointe. . Hosch made a motion to approve the final plat for Liberty Pointe authoñzing the Mayor and Administrator to execute the final plat documents. The motion was seconded by Rassier and passed unanimously. . Generators Convert existina voltaae: Bettendorf reported that the portable generators will need to be converted to accommodate the new lift stations. Bettendorf stated that all new lift stations are 208 volts. The East Baker Street Lift station was recently reconstructed, updating the voltage to 240 volts. Prior to the reconstruction, the Lift Station operated at 208 volts and was able to be powered by a small generator. When the design was completed for the reconstruction of the Lift Station is was determined to be cost prohibitive to design the lift station at 240 volts. (Estimated cost of $ 17,000) Therefore, the I I I I I I i i April 3, ~003 Page ~ of 5 I I alternative is convert the generators to operate at 240 volts. The cost estimate to convert the generat6rs is $ 2,256 per generator with two generators needing conversion. With the conversion the generators' could only operate for a short time and would not be effective if the City experienced a major power I outage. I Hosch questioned if both generators needed to be converted. Hosch stated it i~ his understanding thJt the generators are portable and one generator could serve all the lift stations unless each generator were failing. Bettendorf stated that he was uncertain if both generators need to be converted. I Rieke questioned if the lift stations could be powered with a generator that could be rented from a i business such as Honer or Geyer Rental. Rieke further stated that he would like additional information from the Wastewater Operator Jim Marthaler. Bettendorf stated that the generators used by the City for the lift stations are designed specifically for operating such and he is uncertain as to what type of i generators can be rented. Further, the City would have to rely on the private sector to assure that a I generator would be available 24/7 and is uncertain that it is feasible. The Council agreed to delay action on this matter until a later time when Jim Marthaler can provide additional information. 1 I Decorative Liahtina Proiect: Bettendorf stated he had spoken with the contractor regarding the decorative lighting project and they would like to complete the project as soon as possible but has run into a conflict with the contractor for County Road 121. The contractor for County Road 121 does not want the light i poles installed until the sidewalks are complete. Bettendorf will work with both contractors to mediate ß schedule that is acceptable to both. In additional, Bettendorf stated that he will be marking the last ligilt pole locations, which will be installed between Ash Street and County Road 75. : , I Hosch stated it is his opinion that the lighting contractor should have priority with scheduling. The County Road 121 project was to have been finished in the fall of 2002 and the lighting contractor should not b~ delayed. Further, Hosch stated that he has received compiaints with regard to the darkness on County Road 121 and encourages the lights to be installed as soon as possible for safety reasons. I I Rassier stated the contractors installing the paving stones on Gounty Road 121 should be informed that one of the stones manufactured by Borgert has been discontinued and the College purchased the I remaining stones. Rassier stated he is uncertain if the change in stone will create a design issue but the Beautification Committee should be notified. I MAYOR REPORTS City Dav at the Capitol: Hosch reported that April 9, 2003 is City Day at the Capital and that he had spoken with Representative Stang on April 3, 2003 regarding some issues. Republican Dukokis is making a proposal to reduce the cuts of local government aid by $90 million from the Governor's proposal. Plannina Commission Appointment: Hosch stated that he received two applications to fill the vacancy on the Planning Commission. Hosch recommended the Council appoint Bob Loso,to the Planning, i Commission effective April 7, 2003. Utsch made a motion to accept the recommendation of Mayor Hosch to appoint Bob Loso to the Planning Commission effective immediately. The motion was seconded by Wick and passed unanimously. COUNCIL REPORTS RIEKE - No Report RASSIER Historical Socieity: The St. Joseph Historical Society met recently and appointed the following officers'l President - Bill Wasner; Vice President - Elise Studer; Secretary - S. Miriam Ardolf; Treasurer - Harvey Notch. I WICK - No Report April 3, 2003 Page 4 of 5 UTSCH PUBLIC WORKS REPORTS I Plannina Commission: The Planning Commission and Council are scheduled to meet on April 14, 2003 to conduct the public hearing on the Subdivision Ordinance. 2002 Water Report: Public Works Director Dick Taufen presented the Council with the Annual Water Report for 2002. Taufen stated that based on the pumping records and billing records, the City is not accounting for approximately 43% of the water pumped. The Minnesota Department of Natural Resources mandates that a minimum of 90% of water pumped must be accountable. Therefore, Taufen stated that City must have a considerable leak that he has been unable to detect. Taufen stated that he along with the Maintenance Staff have been checking the pumps and manholes looking for inconsistencies or excess water. Taufen stated there is a company located in the Twin Cities called TKDA that specializes in locating water leaks. In checking their references, he has been told they are very accurate and if there is a leak they will be able to find the location. It is difficult to estimate the cost of the service as it depends on how many days they are needed. Taufen anticipates the estimated service fee to be $10, 0000 - $15,000. Hosch questioned has the accountable water was declining every two (2) months or is it more leaks that are getting more extreme. Taufen answered stating the leaks may be getting more extreme. The City is running approximately 400,000 gallons of water a day during its slow time, as the warmer weather approaches and people are watering their lawns the City can expect to use 1,000,000 gallons of water. Rassier made a motion to approve the water report as submitted. The motion was seconded by Rieke and passed unanimously. Utsch made a motion authoring the hiring of TKDA to assist the City in locating any water leaks. I Further, the motion authorizes the repairs to any areas leaking with a final report presented to the Council when the detection and repairs are complete. The motion was seconded by Rassier and passed unanimously. Compost Fee Structure: Taufen requested the Council consider charging a fee to residents using the compost area. The service has increased substantially and becoming more of a cost to the City. Further, the City allows the Townships of St. Joseph and St. Wendel to participate and they are not contributing to the expense of maintenance. Taufen stated that the Cities of Sartell and Sauk Rapids already charge a permit fee and they have indicated that they cover the expenses of maintenance with the established fee. Utsch and Rieke stated that the City should not be supporting the Township expenses and questioned if a non-City fee should be charged to those residents not living in the City of St. Joseph. Utsch stated that he concerns with St. Wendel participating as they currently owe the City money for engineering services. Rassier disagreed with Utsch and Rieke and stated it is his opinion that the service area for the compost area should not change. Rassier made a motion to charge a $10 permit fee to use the compost site and $5 permit fee for a second compost sticker; compost use includes St. Wendel Township, St. Joseph Township, and the City of St. Joseph; a letter to be sent to St. Wendel and St. Joseph Townships at the end of the year stating the City of St. Joseph will re-evaluate to see if the sticker collection received enough dollars to self-support the compost and at that time, the City Council will make a decision on contributions from both townships or raising the compost fee at that time. A motion was seconded by Utsch and passed unanimously. Discussion: Opening of the compost site will be approximately April 30, 2003 or May 1, 2003. Street cleanina: The Council questioned when the streets would be cleaned and the final lift of blacktop laid. Taufen stated that Harddrives will be laying the final lift of blacktop on approximately May 15, 2003 and he is uncertain as to when the final lift for CR 121 will be laid. I I I I , April 3, 2003 Page 5 of 5 i ADMINISTRATOR REPORTS I I Wobeaon Welcomina Center MNDot Land Purchase: Weyrens reported the City has received the I purchase agreement for the property purchase for the Wobegon Welcoming Center. The property is the excess railroad right of way and the selling price is $ 7,000. Rieke made a motion to authorizing the expenditure of $7,000 to purchase the property for the Welcoming Center. The motion was I seconded by Wick and passed unanimously. i I Liauor License Reauest: Weyrens stated she has been working with a developer since January 2003 i regarding property located at Interstate 94 and County Road 2 for a proposed Commercial Development. The Development may include a possible restaurant which would require a liquor license. Weyrens j stated that the City is limited to the number of on-sale liquor licenses that can be issued and that limit IS based on population. In order for the City to secure additional liquor licenses, the Minnesota Legislature would need to grant the City additional rights. At this time Weyrens is requesting the City Council authorize the submission of a request to the Legislature to make available four (4) additional liquor licenses. Rassier made a motion to request the Legislature to grant the City of St. Joseph the ability to issue four (4) additional Liquor licenses. The motion was seconded by Utsch and passed unanimously. Flexible Spendina Account: Weyrens stated that the City has been presented with some mandated changes for the Flexible Spending Account Program. The amendment to the FSA reflects legislative changes and adopting the Resolution assures the City is incompliance with FSA regulations. Wick made a motion to adopt CC Resolution 2003-04, Amendment to the Flexible Spending Plan as presented. A motion was seconded by Rieke and passed unanimously. Adiourn: Utsch made a motion to adjourn at 8:30 p.m. A motion was seconded by Rassier passed unanimously. c~~~ I THIS PAGE INTENTIONALLY LEFT BLANK I I