HomeMy WebLinkAbout2003 [09] Sep 04
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September 4, 2003
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, September 4, 2003 at 7:00 PM in the St. Joseph City Hall. i . I
Citv Council Members Present: Mayor Larry Hosch. Councilors Ross Rieke, D~le Wick, Gary Utsch, and
AI Rassier. Administrator Judy Weyrens.
Citv Representatives Present: Police Chief Pete Jansky and Public Works Director Dick Taufen.
Others Present: Alfred Eich, Patricia Eich, Robbie Robinson, Pat Bednarz, Caroi Tamm, and Tosha
Tamm.
Approve Aqenda: Utsch made a motion to approve the agenda with the following changes:
Items removed from Consent Agenda for further discussion: i
. 3 (c) Alcohol Matrix
. 3 (d) Bar Hours of Operation
Additions:
Deletions:
10 (f) Appliance Pickup
3 (f) Pay application #6, 2002 Street Improvement
5 2004 Budget Adoption
The motion was seconded by Rassier and passed unanimously.
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Consent Aaenda: Rassier made a motion to approve consent agenda as presented; seconded by
Wick and passed unanimously. i I
a. Minutes - Approve the May 1, May 15, June 5, July 17, July 31, August 7, 2003 minutes.
b. Bills Payable -Approve Check Numbers 33130-33220 .
C. Alcohol Matrix - Removed for discussion.
d. Bar Hours of Operation - Removed for discussion. ,
e. Application for Paymenl - Tesl Well: Authorized the Mayor to execute Pay Application No. 1
authorizing payment in the amount of $ 11,690.23 to Traut Wells.
f. Pay application #6 - 2002 Interior Street - Removed. ,
g. Application for Payment - Northland 7: Authorized the Mayor to execute Pay Application 'No.
1 authorizing payment in the amount of $ 84,784.14 to R. L. Larson. ! '
h. Change Order - 2002 Street Improvement: Authorized the Mayor to execute Change Order No.5
for the 2002 Street Improvement Project. Change Order NO.5. The change order replaced a small
section of sidewalk. '
i. Application for Payment - Liberty Pointe: Authorize the Mayor to execute Pay Application No. i
authorizing payment in the amount of $ 28,737.50 R. L. Larson. '
j. Application for Payment - Maintenance Facility: Authorize the Mayor to execute Pay Application #2
and Payment #5 authorizing payment in the amount $ 185,319 to Shingobee Buiiders. I
k. Application for Final Payment - CR 133: Authorize payment 0 Stearns County in the amount qf $
14,319.87 for the final paymentfor CR 133. i I
Discussion: Rassier questioned if the payment application for the Maintenance Facility is the f(nal
payment. Weyrens responded that the payment application is for work completed through July
31,2003.
Public Comments to the Aqenda: No one present wished to speak.
POLICE CHIEF REPORTS
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Administrative Fines / Parkinq Tickets: Jansky reported that Rengel Printing is printing the Administrative
Citations and expects to implement the new citation policy September 15, 2003. The City Council I
requested Jansky to submit a report on the new citations after they have been implemented for 30 days.
With regard to the new parking tickets, they are in the process of being printed, and the City should be
receiving them next week.
September 4, 2003
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Police Secretarv / Receptionist: Jansky reported the vacant Police Secretary/Receptionist position is
being filled through Office Team. A candidate had been interviewed and will be starting on September 8,
2003. Due to the LGA Budget cuts, the position has been reduced to part-time. Jansky reported that
they are currently two months behind in data entry and is anticipating to be caught up within 30 days.
Rassier questioned Weyrens if the new Police Secretary/Receptionist could work full-time until the ICR's
are entered into the computer and the Police Department is current. Weyrens stated that for a short-term,
the employee could work additional hours but it should not extend beyond 30 days. If the department is
not current after 30 days, the City Office staff could be utilized.
Alcohol Matrix: Hosch stated that he removed the Alcohol Matrix from the Consent Agenda to gain further
understanding of the proposed matrix. The following items were clarified:
· $500 Evidentiary Hearing Fee: It was agreed by consensus that if an evidentiary hearing was
conducted and the violation was unfounded, the evidentiary hearing fee would be retumed to the
license holder.
· Compounding of Violations: It was agreed by consensus that unaccompanied minors in an
establishment would be treated the same as minors consuming. That is, if two unaccompanied
minors are in the bar after 9:00 p.m. and the police completed a compliance check, the two
unaccompanied minors would be treated as one violation. However, if during the compliance
check, the officer(s) cited an unaccompanied minor and minor consuming, the violations would be
compounded creating two violations.
Rassier stated he is concerned with the increased fine for minors cited consuming. Rassier requested
the fines be amended as follows:
· No aggravating factors - $150
· One aggravating factor - $300
· Two aggravating factors - $500
Hosch concurred with Rassier and questioned why the Alcohol Committee is requesting to increase the
fine for "Sale to Minor". Hosch stated it is his understanding that approximately four years ago there were
60 violations and last year there was only one. He stated in his opinion the reduced violations are related
to the matrix and compliance of the liquor license hoiders. Hosch also stated that in his opinion, raising
he fine for sale to a minor would penalize license holders for doing a good job.
Hosch made a motion to adopt the Alcohol Matrix with the following changes:
No One Two Three
aggravating aggravating aggravating aggravating
Violation factors factor factors factors
Sale to Minor* $150 $400 $700 Revocation
Unaccompanied Mino"'- $100 $300 $500 Revocation
"Unaccompanied Minor" to be treated as "Sale to Minor' (If multiple citations/ICR's result from a
single bar check, this matter shall be treated as a single violation if there are two or less
citations/ICR's issued, two violations if three to five citations/ICR's are issued, or three violations
if six to ten citations/ICR's are issued. If more than ten citationsllCR's result from a single bar
check, the matter shall be brought before the City Council for consideration of a penalty.);
seconded by Utsch and passed unanimously.
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Discussion: Hosch stated it is his understanding that if a minor is in a liquor establishment for a
wedding or anniversary past 9:00 p.m. he/she would be in violation of the St. Joseph Code of
Ordinance. Hosch requested the Council consider amending the ordinance to allow minors to I
remain in a liquor establishment provided the establishment is closed to the public. The Council
was in consensus to refer the potential ordinance to the City Attorney for comment and possible
amendment.
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September 4, 2003
Page 30f 6
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Bar Hours of Operation: Hosch stated that he request to have this item removed from the Consent
Agenda so that it could be tabled until the City of SI. Cloud makes a decision on the extend bar hours.
Hosch stated it is his opinion that extending the bar hours should be a regional decision and the City
should be consistent with the City of SI. Cloud. '
Hosch made a motion to table action regarding the extension of Bar Hours until a decision has I
been made by the City of 51. Cloud; seconded by Wick.
Ayes: Hosch, Rieke, Wick, Utsch
Nayes: Rassier Abstain: None Motion Carried: 4:1:0
Discussion: It was clarified that the City of SI. Joseph will not consider this matter again until after
the City of SI. Cloud's public hearing on the same matter. I
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Maintenance Facilitv - Request for Capital Equipment: Taufen presented the City Council with a I
prioritized list of items that are needed for the new Maintenance Facility. At a previous Council meeting,
the Council requested that the Maintenance staff present a complete list of equipment and furnishings I
needed for the new facility. Taufen stated the list of equipment/furnishings includes the bituminous I
surfacing for the parking area and nine-foot area behind the facility. The total equipment/furnishings is'
approximately $101,673. Weyrens reported that the EDA would be asked to release the Contingency'
Fund to pay for the blacktop. Utsch questioned if the itemized list includes replacement of existing
equipment or if it is additional equipment, and if the requested equipment is included in the budget.
Taufen stated that most of the items are new and are not included in the budget. I
Hosch stated that since a Building Committee has been established, he would like to refer this matter to
the Building Committee and Maintenance staff for discussion and recommendation. Rassier stated that
he concurs with Hosch and as a member of the Building Committee he would like to review this matte(
further. Weyrens requested the Building Committee meet before the budget meetin9 on September 10,
2003 so that action may be taken at that meeting. It was agreed the Building Committee would meet on
September 8,2003 at 1 :00 p.m. at City Hall.
PUBLIC WORKS DIRECTOR REPORTS
MAYOR REPORTS
SI. John's Universitv Senate "Community Day": Hosch reported that the SI. John's University Senate
conducted a "Community Day" at Centennial Park on August 29, 2003. Hosch stated that he participated
in the event and approximately 1,500 students attended. I
Off-Campus Student Housina Meetino: Hosch reported that he along with the Police Chief, Administrator,
and representatives of the College of SI. Benedict and SI. John's University attended an Off-Campus I
Student Housing meeting. The purpose of the meeting was to discuss expectations for living in SI.
Joseph, what it means to be a member of the SI. Joseph Community, answer questions, and to welcome
them to SI. Joseph. I
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Student / Resident Block Parties: Hosch reported that he and Richard Carlbom from SI. John's UniverSity
Senate are working together to establish block parties in the neighborhoods that are saturated with rental
units. The purpose of the block parties is to provide a social opportunity for the long-term residents to'
meet the students in their neighborhood. The block parties will be held on September 14, 21, and 28, I
2003. I
Industrial Park: Hosch reported that the EDA has recently approached Joe Pro~ regarding the possib e
future Industrial Park. Prom, along with his siblings, is the property owner of land adjacent to the existing
Industrial Park. With only 10 acres of developable land remaining, the EDA is seeking alternative land for
a new or expanded Industrial Park. The EDA will continue to pursue alternative land sources.
September 4, 2003
Page 4 of 6
COUNCIL REPORTS
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RIEKE - None.
RASSIER - None.
WICK
Park Board Meetina: Wick reported that the Park Board Committee will be meeting on September 16,
2003 at which time they will begin discussing a Park Improvement plan.
Park Vandalism: Rassier questioned Wick if the City is experiencing vandalism at the City parks and if
that is why Millstream Park has been re-keyed. Wick stated that he has been contacted regarding
vandalism but was uncertain whether or not that is why the park has been re-keyed. Weyrens stated that
Millstream Park was re-keyed to control the amount of keys in circulation. It is a good policy to re-key
areas that have excessive use. With the regard to re-keying, the City will be reimbursed from the SI.
Joseph Lions Club for the expense.
Hosch stated he was informed that home plate at Millstream Park had been stolen the day before the
State Softball Tournament held on August 23 and 24, 2003 and that numerous broken bottles were found
at the park as well.
UTSCH
SI. Joseph Chamber of Commerce Meetina: Utsch questioned if the SI. Joseph Chamber of Commerce
will be conducting their September meeting at the new Maintenance Facility. Weyrens stated it is
scheduled to be held at the Maintenance Facility, but City staff will try and reschedule the meeting for
October.
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Public Hearino - Ordinances Amendments: Utsch reported that the Planning Commission is requesting
the Council establish a public hearing for possible amendments to Ordinance 52. This matter will be
discussed later in the meeting.
ADMINISTRATOR REPORTS
Expand Citv Hall Phone Svstem: Weyrens requested the City Council authorize expansion of the City Hall
phone system to include voice mail. When the phone equipment was installed for the new City Hall, it
was uncertain as to whether or not funds would be available for the enhanced phone system so it was
removed from the project. Weyrens stated the cost of enhancing the phone system is $2,325.96 which
will be funded through prior budgeted funds. The enhanced phone system will include phone messaging
if all lines are busy and for after hours and voice boxes for City Council Members that would be accessed
remotely.
Rassier made a motion to approve the expenditure for the enhanced phone system for City Hall in
the amount of $2,325.96, with the funds being expended from the prior year roll over fund. The
motion was seconded by Wick and passed unanimously.
LELS Waae Neootiations: Weyrens reported the City has received the intent to negotiate for the LELS
Union. The Council needs to determine how the contract will be negotiated. In discussing the matter with
the City Attorney Tom Jovanovich, the City has the ability to contract with a firm that negotiates contracts.
The City of Buffalo utilizes a company that is part of the Coalition of Greater Minnesota Cities. The
membership fee to utilize the firm is $1,800 plus an hourly fee of $89. Weyrens stated a second option is I
to utilize the City Attorney for negotiations, which he has asked to do if that is the direction of the Council.
He would however, utilize the resources of the Coalition, which would include an hourly fee.
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September 4, 2003
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Hosch stated that he would like a proposal from the consulting firm to determine if it will be cost effecti~e.
Rassier stated he is opposed to hiring a consulting firm for negotiating the Union contract. He stated his
opinion is that the City Council is responsible for negotiating contracts in the best interest of the City. I
Rieke stated he is not adverse to receiving a proposal however, he agrees with Rassier that the Councii
should negotiate the contract. It is his opinion that hiring an outside consulting firm may create an !
adversarial relationship with the Union and he would prefer a more personal technique. Utsch concurr~d
with Hosch and Rassier and would prefer to try and negotiate the contract without incurring the cost of ¡,
consulting firm. Utsch further stated that if the City and LELS reach an impass, the City couid hire an I
outside firm. Weyrens stated she will request LELS to submit their contact and she will forward the
information to the Council. I
Ordinance Amendments: Weyrens requested the Council set a public hearing for Ordinance Amendmlnts
on September 23,2003 at 7:00 p.m. at City Hall. The Council agreed to schedule the hearing as I
requested and clarified the hearing will be a joint public hearing to include the Planning Commission.
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Proposed WAC and SAC Fees: Weyrens reported the City has been charged a sewer access fee (SAC)
for all new connections to the sewer system since 1987. Shortly after, a water access charge (WAC) was
established and charged in the same manner as the SAC. Over the years the City has modified the fee
schedule based on system enhancements and contributed capital. The City has been struggling with the
best method for charging WAC/SAC fees for strip malls or buildings with multiple tenants. Over the I
summer the Department Heads and Consultants researched alternate fee structures. Weyrens prese~ted
the Council with a revised water and sewer access (WAC/SAC) schedule. The schedule presented is ;the
same schedule that has been adopted by the MET Council in 1973 and is based on usage as with high
volume users being charged a higher rate. The fee schedule has already been adopted locally by the
City of Sartell and the City of SI. Augusta.
The WAC/SAC will not change the charges for single family residential. It will however change for
multiple family, commercial, and industrial. The EDA consultants have indicated that increasing the
WAC/SAC will not defer growth as developers consider WAC/SAC the same as building permits, a cost of
development. Weyrens presented the Council with a table illustrating the impact of the proposed fee
based on current development projects. '
Due to the impact of the increased fee, Weyrens recommends the Council establish a public hearing for
the possibie adoption of the revised fee schedule. The revised fees will allow for the continued '
maintenance and expansion of the current infrastructure while allowing the City to plan for the future. The
Council agreed by consensus to conduct a public hearing on September 23, 2003 at 7:30 p.m. at City Hall
to consider adopting an ordinance defining the WAC/SAC charges. !
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Assessment Hearinas: While the Development Agreements for Northland Piat Seven and Liberty Poinje
waive contention rights of the developer's, the City Attorney is requesting the Council set a public healing.
Weyrens requested the Council adopt CC Resolution 2003-22 establishing the Assessment Hearing f6r
the improvements to Liberty Pointe and CC Resolution 2003-23 establishing the Assessment Hearing 'for
the improvements to Northland Plat Seven. !
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Rassier made a motion adopting CC Resolution 2003-22 establishing the Assessment Hearing for
improvements to Liberty Pointe and CC Resolution 2003-23 establishing the Assessment Hearing
for improvement to Northland Plat Seven and Liberty Pointe for October 2, 2003 at 7:15 p.m.; I
seconded by Rieke and passed unanimously. ì. I
Refuse Aareement Appliance Pickup: Weyrens reported that the City's refuse service BFI, is requesti~g
. authorization to change the method for collecting appliances for the spring and fall cleanup. Prior to I
2003, BFI disposed of approximately 200 appliances for each the spring and fall cleanup. The spring,
cleanup this year resulted in over 400 appliances being disposed. The increase in appliances caused a
physical hardship for the BFI employees and required two additional days for hauling. While BFI is under
contract to continue providing the service, they are recommending changing the procedure. Rather trian
September 4, 2003
Page 6 of 6
picking up the appliances curbside, they are requesting authorization to use the City Hall parking lot as a
drop off on October 11,2003 between the hours of 7:00 a.m. and 12:00 p.m. (noon). BFI would provide a I
20-foot by 7-foot cage and six staff members to assist unloading the residents' appliances. The City
would provide one staff member either a Compost Attendant or Maintenance staff member to verify
eligibility for drop off. Rassier stated it is his opinion that some type of control needs to be imposed.
Hosch stated he is in support of BFI's proposal and feels if we do not work together, that BFI may not
want 10 continue this service in their next contract. He further stated that this is a prime example of
people abusing a service.
Weyrens stated that the City Office staff will coordinate the notification of change to residents which will
include use of the water bill and the cable access channel. Weyrens clarified that residents will be limited
to two appliances per residence and landlords will be required to deliver their renters' appliances to the
drop off site.
Rassier made a motion accepting BFI's proposal for the October 11, 2003 appliance drop-off
which will be held in the parking lot of the City Office between 7:00 a.m. and 12:00 p.m. (noon).
Notification of this change will be provided to the residents of 51. Joseph.
Discussion: Wick questioned if the City will assuming liability during the drop off time as it is City
property. Weyrens stated she will contact the insurance company to verify the City is not liable in
the event of accident or injury. Weyrens clarified that the curbside pickup will resume as normal
on October 2 and October 9, 2003 and that the change in service only includes appliances.
Ayes: Hosch, Rassier, Utsch, Rieke
Nayes: Wick Abstain: None.
Motion Carried: 4:1:0
Adiourn: Utsch made a motion to adjourn at 8:00 PM; seconded by Rassier and passed
unanimously.
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C:.:;!ii~s~rator
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