HomeMy WebLinkAbout2003 [08] Aug 07
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August7,2003
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Pursuant to due call and notice thereof, the City Council for the City of SI. JOSe~h met in regular sessiln
on Thursday, August 7,2003 at 7:00 PM in the SI. Joseph City Hall. I
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City Council Members Present: Mayor Larry Hosch. Councilors Ross Rieke, Dale Wick, Gary Utsch, and
AI Rassier. Administrator Judy Weyrens.
City Representatives Present: City Engineer Joe Bettendorf, Police Chief Pete Jansky
Others Present: Joel Vogel.
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Approve Aqenda: Rassier made a motion to approve the agenda with the following changes:
Deletion of Consent Agenda Item 3a.) July 17, 2003 Minutes and the addition of 10b.) Maintenance
Equipment Request; seconded by Rieke and passed unanimously. I
Consent Aaenda: Rassier made a motion to approve consent agenda as presented; seconded by
Wick and passed unanimously. :
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a. Deleted I
b. Bills Payable - Approved Check Numbers 33064 - 33129 1
c. Human Resource Training - Authorized the Administrator to attend a seven-program pUblici
Sector Human Resource program offered through the University of Minnesota. I
d. Capital Purchase - Authorized the expenditure of $ 2,000 to paint and equip the donated 4 X 4
Truck (Truck donated by the Army). I
e. Fire Mutual Aid - Authorized the Mayor and Administrator to execute the revised Mutual Aid
Agreement for the Fire Department. The new agreement adds a provision regarding FEMA
Fundmg. '
f. Surplus Property - Authorized the reduction of the selling price of the Fire Truck listed with
Firetec as recommended by the Fire Board.
g. Final Franchise Agreement - Adopted final Ordinance establishing' PEG Access fee, capping
the fee at $ .60. I
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Public Comments to the Agenda: i
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Joe/ Vogel, 212- 16'" Avenue SE approached the City Council regarding the recent tree removal for th1e
Liberty Pointe Development. Vogel stated it was his understanding at the Preliminary Plat hearing that
only the minimal amount of trees would be removed and the streets would be constructed amongst th~
trees. However, since approval by the City Council, the wooded area has been clear cut leaving only al
small portion of trees. Vogel questioned how the plans could change after the public hearing was I I
conducted and what will the Council do to prevent this type of mishap from occurring again. Vogel stated
that if the neighborhood been notified of the change in plans, they would have voiced their concerns arid
requested the plat be re-submitted to keep the trees. Designing the plat with larger lots is an example 6f
how the plat could be changed to preserve the wooded area.
City Engineer Joe Bettendorf stated that the contractor only removed the trees that were required to
install the infrastructure and streets. The street plans were modified after the preliminary plat to
accommodate the grading that would be required to install the utility lines and streets. While the
engineering design changed, the plat itself did not. Hosch stated that he too was of the understanding
that many of the trees would remain and expressed concern that the plans were changed.
Utsch stated that as Chair of the Planning Commission, he recalls that a number of trees would be
removed. However, he was surprised at the number of trees that were removed along Lynx Road, as he
assumed those trees would remain. Utsch also stated that there is no benefit to the developer to cut I
down trees as the lots with trees are more valuable. I
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Rassier stated that it is his understanding that the newly adopted Zoning Ordinance includes a Woodland
Preservation Ordinance and the Planning Commission will be working with developers to replaced trees
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that are removed. Rieke questioned if the City could finance the planting of trees with the cost being built
into the tax levy. The Council agreed to continue this discussion at a later meeting and informed Vogel
that he would be contacted when this matter is placed on the agenda.
Alcohol Matrix Committee: Weyrens reported the Council should be in receipt of the proposed revised
Alcohol Matrix as drafted by the Alcohol Committee. The Committee consisted of the following: City
Attorney Sue Dege, Police Chief Pete Jansky, Councilors Dale Wick and Gary Utsch, and Administrator
Judy Weyrens. The revised Matrix includes the following changes:
· Additional types of offenses are included
· To address multiple violations during a license year, the tenn Aggravating Factor has
been added and penalties increase in severity if a license holder has more than one
Aggravating Factor (Violation).
· The fee for a minor in the establishment has increased. The Committee felt that the fine
for drinking in the bar should be higher than the fine for a minor in the bar without
drinking. The committee also recognizes that if the establishment can provide proof that
an ID was presented, but it was fake, the fine would not be imposed
· In the event the license holder is subject to a suspension of their license, the Matrix
includes a provision outlining when the suspension will occur.
· If a license holder requests an evidentiary hearing, a $ 500 fee must be paid before the
hearing is scheduled. The fee recommended would pay for any overtime for staff
attending /testifying at the hearing and legal expenses.
Rieke questioned the rationale in establishing a fee for a license holder to appeal the fine to the City
Council. He stated it is his opinion that an individual should not have to pay a fee to contest an alleged
violation. Weyrens stated that the fee is intended to cover the cost of the evidentiary hearing. The
established fee is consistent with the fee for contesting a noise violation. The rationale behind the fee is
to eliminate license holders from bargaining their fine. If the license holder is contesting the violation,
there is a cost to do so and they should absorb the fee. Weyrens stated the policy could include a
provision for reimbursement of the evidentiary hearing fee if the violation is determined to be unfounded.
Hosch stated that he is acceptable to charging a fee for the evidentiary hearing as the fee should not be
absorbed by the taxpayers. However, he would encourage the Council to refund a portion of the fee if the
violation is determined to be unfounded.
Hosch stated that he does not agree with the proposed increased fine for minors in a liquor
establishment. He stated that the liquor license holders are doing a good job at carding patrons and in
his opinion the new matrix penalizes the establishments for doing a good job. Rassier stated that he too
does not agree with the increased fine for serving to minors. Weyrens stated that the committee
increased the fee for minor consumption as the current matrix charges the same fine for serving a minor
and an unaccompanied minor in the establishment. The committee felt that serving a minor should be
charged more severely than a minor in the establishment not consuming alcohol.
Hosch stated he understands the reasoning between not having a minor consumption and an
unaccompanied minor at the as they are two completely different offenses. However, he would advocate
for reducing the fine for an unaccompanied minor in a liquor establishment. Rassier concurred with
Hosch and stated he would favor leaving the minor consumption at the existing fine of $ 150.00 per
occurrence.
Hosch requested the Liquor License holders be notified of the changes and be invited to the next meeting
to discuss the proposed changes. Utsch stated that he does not support allowing the liquor license
holders to set their own fee schedule. Utsch stated that when you are stopped for speeding you do not
have the opportunity to set your own fee and the liquor license fines should be the same. The City
Council needs to determine the fines and establish a revised Matrix.
Wick supported the comments of Utsch and encouraged Hosch and Rassier to discuss the matter with
the license holders and provide additional input to the Alcohol Committee. It was the consensus of the
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Council that the Alcohol Committee will meet before the budget meeting on August 13 and any I
suggestions should be forwarded to Weyrens. A revised Matrix will then be submitted to the Council for
possible adoption. . 'I
ENGINEER REPORTS
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Trunk Watermain Extension: Bettendorf reported that he has finished the design and specifications for
the watermain extension from 8th Avenue NE to 1st Avenue NE. The engineer's estimate for the project is
$ 208,000. Bettendorf stated that he contacted RL. Larson and requested a bid for the extension and
they responded with a bid of $ 223,000. RL. Larson was contacted as they are currently working is St:
Joseph on two City projects. In discussing the matter with the City Attorney, thé watermaln extension I
project can be included as a change order to the Liberty Pointe Project as long as the change order does
not exceed 25% of the Liberty Point Project. Bettendorf stated that RL. Larson is a responsible I I
contractor and they have been the lowest responsible bidder for the last four projects in SI. Joseph. In!
addition, RL Larson will already be working in this same area with another property owner. Therefor~,
using RL. Larson is not only the most economical, it is the most practical as well. !
Rassier questioned Weyrens as to how the proposed extension will be funded and if the bonds for LibJrty
Pointe will have to be re-issued. Weyrens stated that the bonds issued for the 2003 Improvements
included the watermain extension at an engineers estimate of $ 293,000.
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Rassier made a motion authorizing the Mayor to execute Change Order No.1 for the Liberty
Pointe Project, adding the watermain extension at a cost of approximately $ 223,000. Approval is
contingent upon approval of the City Attorny. The motion was seconded by Rieke and passed I
unanimously. I
Callawav Street Update: Bettendorf reported that he has meet with officials from District 742 regarding
the extension of Callaway Street. When the City negotiated the right-of-way for Callaway Street the !
relocation of the walking trail, playground equipment and fence installation became the responsibility of
the City. After meeting with the Principal and Maintenance Director for Kennedy, the City will not have \0
move as much equipment as originally planned. The school is willing to leave the backstop in place I
provided that a bevel is installed to keep the balls contained in the ball field. Bettendorf stated that the I
fence that is to be installed will provide a safety net so that children do not run into the street. The
Principal is requesting that all the required work be delayed until school ends in 2004 as there is not time
to complete the project before the students return. i
Bettendorf stated that the Developer for Graceview Estates is required to provide a construction road to
County Road 121 before the second phase can begin. While it was the intent to use Callaway Street as a
construction road, without completing the fencing for Kennedy School it would not be a safe road to I
construct. Therefore, Bettendorf is requiring the Developers to provide a construction road on the'
southern end of the development. This road will eventually become Field Streèt and is the Street the C'ty
is receiving Federal Funding for the location study. . Bettendorf stated he will request the Developer to
complete Callaway Street at the end of the second phase.
Proiect Updates: Bettendorf reported the following projects:
~ Pond View Ridge Seven:
~ Northland Plat Seven:
~ Liberty Point:
~ Baker Street Lift Station:
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~ SE Utility Extension:
The utilities will be completed by August 8, 2003 and the roads
will be paved within the next seven to ten days. . I
Grading has been completed and the contractor is in the process
of installing the utilities. ! I
The Contractor has started grading the' development area.
The project is complete with the exception of the sod that must
be replaced.
The project is complete with the exception of some punch list
items including the lowering of a catch basin, sod and final
cleanup.
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Phase street and utility work is complete.
The developer's engineer has been provided a list of items that
need to be corrected before the City can execute a
Development Agreement.
2002 Interior Street Proiect: Rieke questioned Bettendorf if the intersection at 2"" Avenue NW and
County Road 75 has been repaired. Rieke stated that large trucks have been unable to maneuver the
corner, driving over the landscaped area. Bettendorf stated the contractor has been requested to place
additional blacktop at the above mentioned intersection creating a wider turning radius. Before the
project is finalized the additional surfacing will be completed.
~ Graceview Estates:
~ Graceview Estates II:
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County Road 121 Proiect: Rassier questioned Bettendorf as to the status of the County Road 121
project. Rassier stated as a staff member of the CSB maintenance department he has participated in an
inspection of the CR 121 as it relates to CSB property. CSB has prepared a list of items that need to be
corrected and Rassier questioned who is responsible for assuring the project is completed. Bettendorf
stated that he will be coordinating a final walk of the project area with Steams County and encouraged
anyone who has items of concern to contact Weyrens who will prepare a final list.
POLICE CHIEF REPORTS
Administrative Fines: Police Chief Pete Jansky presented the Council with a proposed Ordinance
authorizing the SI. Joseph Police Department to issue Administrative Fines for Ordinance violations and a
limited number of traffic offenses along, with a proposed bail schedule. The Police Department currently
issues citations that are administered through the Stearns County Court system. Currently when fines
are collected the City only receives one-third of the revenue from the fine and the remaining revenue is
distributed between the State of Minnesota and Stearns County. Issuing Administrative Fines would
allow the City to collect 100% of the fine revenue unless the citation is contested. In the case of a
contested citation, the Administrative ticket is voided and the citation is charged through the Steams
County Court system.
Jansky presented the following advantages and disadvantages of issuing Administrative citations:
Advantages
~ The City Collects the entire fine revenue
~ The fine will not include the state surcharge of $ 60.00 and $ 3.00 Library fee
~ Relieve the court schedule and allow for a more timely resolution to fines.
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Disadvantages
~ Infractions issued administratively are not attached to the an indMduals driving record
and is not entered into the State computer system. Therefore other agencies will not
have access to the information.
~ The City will need to establish a mechanism for collecting and tracking the fines
Jansky further stated Officers will have the discretion of whether or not to issue Administrative citations.
For example, a driver stopped for speeding at an excessive speed or a driver stopped that has a lengthy
driving record could be issued a citation through the Court system. Rassier stated that it is important for
all Officers to use the same discretion when deciding to not issue Administrative citations and the
discretion should not be whether or not the Officer agrees with the decision to change the citation process
to Administrative Fines.
Weyrens stated that it is important to note that by changing the process for charging and collecting fines
the City is not requesting Officers to write more tickets, nor is the purpose to generate additional revenue.
The change to Administrative Fines is to only change the accounting mechanism for revenue distribution.
If the Ordinance is adopted at this meeting Subd. 5 and 6 must be deleted as it names the City Council as I
the appeal agency. The aforementioned subdivisions will be replaced with language stating that if an
Administrative Fine is contested it will be processed through the Stearns County Court System. Wick
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requested that Jansky review the infractions itemized on the proposed Alcohol Matrix and revise the b~iI
schedule presented to the Council to reflect what is approved by the Council.
Jansky reported that he had spoken to a number of Police Chiefs who are utilizing the Administrative I
Penalties and Fee Schedule and they have not encountered significant concerns at this time. The City of
Avon provides a pamphlet explaining Administrative Fines each time the citation is issued. Jansky stated
that he would propose following the same practice. As a number of Cities are cOnsidering implementing
Administrative Fines, it is anticipated that the Legislature may take action to limit the ability of I
Municipalities to collect Administrative Fines as it will negatively affect the revenue stream for the State of
Minnesota and surrounding Counties.
Rassier made a motion authorizing the Mayor and Administrator to execute the amendment ¡
establishing Ordinance 14 - An Ordinance Enabling the City of 51. Joseph to issue and collect I
Administrative Penalties and Fees. The motion also omits Subd. 5 and 6 declaring the City
Council as the Hearing Officer and replacing it with language naming the Stearns County Coul1
System as such. In addition, the bail schedule presented by the Police Chief is adopted with the
addition of the infractions listed on the Alcohol Matrix. The motion was seconded by Wick and
passed unanimously. I
Discussion: Jansky reported the approximate implementation date is September 1, 2003. I
Rassier requested an update from Jansky after the Administrative Fine process has been I
implemented. Jansky questioned if the City Council would like information pamphlets prepared
to hand to individuals receiving Administrative Fines. The pamphlet would provide information on
Administrative Fines and how to payor appeal the fine. The Council was supportive of providing
such information. i I I
Citizen's Academv: Jansky reported the five area Cities (Waite Park, SI. Cloud,' Sartell, Sauk Rapids and
SI. Joseph) will be conducing a Citizen's Police Academy. The Academy will be held on Thursdays frcJm
6:00 p.m. - 10:00 p.m. beginning September 11, 2003 and ending on November 20, 2003. The purpose
of the Academy is to educate the public as to the role and function of the Police Department. The I
curriculum will include dealing with domestics, firearms training, pursuit driving, use of force issues, and
constitutional and criminal law. Jansky further stated it is a way to educate citizens as to what police work
entails, why police officers do what they do, and understand that what people see on television is not
necessarily how police officers act or how they do things.
1985 Chevrolet % ton 4x4: Jansky reported that the SI. Joseph Police Department has received a 1985
Chevrolet % ton 4x4 truck as a donation from the Army. The truck will be equipped with surplus
equipment and CMS Autobody of SI. Joseph is donating the labor to paint and letter the truck.
MAYOR REPORTS
Fire Board Meetinq: Hosch reported the Fire Board met recently to prepare the proposed 2004 Budge, .
The proposed budget includes an operating increase of approximately $ 4,900, part of which is attributed
~o the increased premium for Worker's Compensation. i I
SI. John's Universitv Senate Meetina: Hosch reported that the SI. John's University Senate meeting will
be held next week and they are trying to organize neighborhood gatherings. The purpose of the I
neighborhood gatherings is to provide an opportunity for the residents to meet the students. In addition
to hosting neighborhood gatherings, the SJU Senate will be hosing a "Community Day" at Centennial I
Park on August 29, 2003. The event will consist of food and games. Hosch encouraged the Councilors
to attend and participate in the activities. .
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COUNCIL REPORTS
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RIEKE
EDA Meetinqs: Rieke reported the EDA has established the following meeting schedule: July 30, 2003
_ Maintenance Facility Inspection; August 6, 2003 - Preparation of the preliminary budget; August 20,
2003 - Regular scheduled meeting.
RASSIER
SI. Joseph Chamber of Commerce Meetinq: Rassier reported the SI. Joseph Chamber of Commerce
would be meeting on September 16, 2003 at 12:00 p.m. at the new Maintenance Facility.
WICK - No Report.
UTSCH
Ordinance Amendments: Utsch reported the Planning Commission met on August 4,2003 and
discussed the following proposed Ordinance Amendments:
~ Increase the sideyard setback in a R1Single Family Zoning District to 10 feet on the accessory
building side. The current Ordinance allows for a 5 foot setback.
~ Add exterior requirements to the R3 Multiple Family Zoning District.
~ Allow temporary leasing signs for new Commercial business until the building space is leased.
~ Add a provision to the Industrial Zoning District identifying Firing Ranges as a permitted use by
means of a Special Use Permit.
~ Add language to the Variance, Special Use, Interim Use, and Rezoning sections requiring a six
month waiting period before an applicant can resubmit a plan that has been denied.
Utsch stated that the Council will be receiving additional information regarding the proposed amendments I
and will be asked to schedule a joint public hearing for the possible adoption.
ADMINISTRATOR REPORTS
Buildinq Permit Fees: Weyrens reported that she had spoken with the Building Official Nancy Scott,
regarding the implementation of a plan review fee for all residential permits. The Council previously
tabled this matter to gather additional information and to receive feedback as to what additional services
will be provided with the new charge. Weyrens stated that in discussing this matter with Scott she stated
that additional services will not be provided with the surcharge. The surcharge is a requirement of the
State Building Code and the City should have been charging this fee when the City agreed to enforce the
Building Code. According to Scott, the Building Code does not identify the amount of the plan review fee
that must be charged. Previously Scott offered to cost share the plan review fee based on the amount of
the fee that would be implemented. Weyrens reported that if the City charges a 65% fee Scott is willing
equally share the fee. However, if the City only charges 25% she would request the entire fee.
Rassier and Hosch stated it is their understanding that the City does not have a choice but to implement
the plan review fee, but the City does have the authority to determine the amount of the fee. Therefore,
as the City does not have an option, Rassier made a motion to amend the Building Permit Fee
scheduie to include a residential site plan review fee equal to 10% of the building permit fee. This
fee is being implemented to be in compliance with the State Building Code. The motion was
seconded by Rieke and passed unanimously.
Discussion: Utsch and Wick stated opposition to the plan review fee, but are voting in favor of the
fee so that the City is in compliance with the state of Minnesota Building Code.
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Maintenance Eauipment Request: Weyrens presented the Council with a request from the Maintenance
Department seeking authorization to purchase cabinets for the new Maintenance Facility. The Council
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was in general agreement that cabinetry is needed, but requested that the Maintenance prepare a list of
all items that will be needed for the facility so that the budget can be reviewed at the time of approval.
Utsch requested that the Maintenance staff prioritize the list of needs as it may not be possible to
purchase all the requested items.
Finance Officer Position: Weyrens requested the Council delay action on filing the Finance Officer
position until the August 13, 2003 Special Council Meeting.
Adiourn:
Utsch made a motion to adjourn at 8:40 PM; seconded by Wick and passed unanimously.
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