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HomeMy WebLinkAbout2004 [10] Oct 07 I I I , 1 , October 7, 2004 Page 1'of 5 , Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular se~sion on Thursday, October 7, 2004 at 7:00 PM in the SI. Joseph City Hall. ' Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. ¡City Administrator Judy Weyrens. i Others Present: City Engineer(s) Joe Betterd9rf, Police Chief Jansky, Erica Hanson, John Massmtmn, Harvey Johnson, Kelly Scott I, I Approve AQenda: Utsch made a motion to approve the agenda; seconded by Wick and passed unanimously. i Consent Aoenda: Wick made a motion to approve the consent agenda as followed; seconded by Rassier and passed unanimously. a. Minutes - Requested Action: Approve minutes of Sept 15, 2004 I b. Bills Payable - Requested Action: Check numbers 34704-34802 I c. Application for Payment - Requested Action: Authorize the Mayor to execute application for payment #3 for the Northland Plat 8 Improvement and authorize payment in the amount of $779.36 to Molitor Excavating. I d. Capital Equipment - Requested Action: Authorize the purchase of 8 additional voting booths funded through the equipmsnt reserve. Total expenditure $800+tax and shipping. i e. Check Recovery Program - Requested Action: Authorize the Administrator to execute an agreement with Collection Resources to recover unpaid checks. I f. Ordinance Amendment - Requested Action: Authorize the Mayor and Administrator to execute the Amendment to Ordinance 14, Administrative Fines and authorize the same to be published. " I g. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #2 for the Callaway Street Improvement and authorize payment in the amount of $43,545.30 to Larson Excavating. I h. Application for Payment - Requested Action: Authorize the Mayor to execute Application for Payment #1 for the 16th Avenue SE Improvements and authorize payment in the amount of $14,244.88 to Randy Kramer Excavating. Public Comments to the Aoenda: No one present wished to speak. 1 Recoonition Awards: Hosch presented Mike Deutz with an award to recognize him for his service and I dedication to the City. Deutz had been a member of the EDA since it began in 1997. During his years Ón the EDA, the City has had a lot of growth on the Commercial/Industrial path. He has also shown his I dedication to the City by helping other local business and citizens with the Street Beautification project I and the Wobegon Trail Center. CITY ENGINEER REPORTS Water Site Search Update: With the growth of the City, there is a need for an expansion of the SI. Joseph Water Tower. Bettendorf stated that they have been working on finding a site for this facility. They have been looking at a site on the west side of St. Joseph and right now, that site is "Plan A". However, there has also been some discussion about building on property to the west of 1-94. There are two pieces of I property that may work well. Hosch questioned if changing locations will cost the City a significant , amount of money. Bettendorf responded that the majority of work completed to date is not site ' dependenl. However, a new site will require the drilling of a test well. The relocation of the facility will be generated by one of two factors: 1) the land proves to be too costly or 2) locating the facility would consume valuable commercial property. I , I Proiect Update: Bettendorf stated that there have been some changes to the 106ation of the trail in I Liberty Poinl. Originally, Northern Natural Gas did not want the trail constructed on their easement. After , October 7,2004 Page 2 of 5 continued discussion with Northern Natural Gas, they agreed to the trail placemenl. Bettendorf stated that the relation of the trail was driven by the desire to save a large amount of trees. Noise Violation _ 413 Colleoe Avenue N: Weyrens reported that the Police Department responded to a noise complaint at 413 College Avenue N on September 26, 2004. Dale and Diane Schneider own the property in question. Weyrens stated that the tenants have contacted her regarding the violation and they do not dispute that a violation occurred, they dispute that they are responsible as they were asleep in the house. Since an evidentiary hearing is not being requèsteG the Council must acknowledge that a violation did occur. After acknowledgment the Council then must decide the disposition. I Rassier made a motion acknowledging that a noise violation occurred on September 26, 2004 at 413 College Avenue N. The motion was seconded by Utsch and passed unanimously. Connor Callahan approached the Council on his own behalf. Callahan stated that he is a tenant at 413 College Avenue North and was sleeping the night of the violation. While he does not dispute the noise violation, he stated that he and his roommate were both sleeping when the violation occurred and did not contribute to the violation. Therefore, he does not believe he should be fined for the incidenl. Weyrens clarified that the action being taken at this time is against the property owner, not the tenants. The Police Officers have the ability to fine individuals at the time of violation. The Council discussed the issue and came to the conclusion thai the tenants may not have been directly involved, but they are responsible for any guests at the property. The police reports indicate that the residents/guests at the property were not cooperative with the Police Department and the owner had to send a representative to the property to resolve the issue and secure cooperation. Utsch stated that if the tenants were having problems with the guests leaving, they should have called the police for assistance. Weyrens clarified that the Council in the past has established $ 150.00 as the minimum fine for a violation. By Minnesota Statute, the maximum fine that can be assessed is $ 1,0000. In determining the I fine, circumstances of the violation are considered. For example, if the tenants are not cooperative with the Police Officers, a fine above the $ 150.00 should be assessed. Rassier made a motion to fine the property owner $250, with $ 100.00 of the fine an additional penalty for not being cooperative with the officers at the scene. The motion was seconded by Wick and passed unanimously. MAYOR REPORTS y,. cent Sales Tax: Hosch stated that he has been trying to find ways to communicate the possible y,. cent sales tax to the public. He reported that other communities are sharing with the public ways in which they are going to use the tax. He suggested a few possible ways to communicate this information: 1. Cable Access channel 2. Candidate Forum 3. While campaigning the candidates may want to discuss this. 4. Hosch stated that the y,. cent sales tax is very important to the City due to the major transportation projects that are coming up for the City. COUNCIL REPORTS UTSCH - No Report WICK School Committee Meetino: Wick reported that the School Committee met and discussed the survey results. Earlier this year the Council authorized the expenditure to complete a survey to determine the I I I I .'., ","".."'=r"""",_"'_'i'''','''!,,·'''''''''''''~~:''''''''~''''''.'''_'' October 7, 2004 Page 3,of 5 I area needs for education. It is the intention of the School Committee to officially present the results te! the City Council in November and to the School Board in December. I Park Board: Wick stated that the Park Board met with ARCON to review their proposal for parks and i trails. As this was the first discussion with ARCO~! it is anticipated that their will be continuing discussion with the Developer. ARCON has agreed to consider the suggestions of the Park Board in design of the preliminary pial. RASSIER - No Report RIEKE - No Report ADMINISTRATOR REPORTS Grip Livable Waoe Committee: Weyrens stated that at the Intergovernmental meeting held in August, Grip presented information on the task force working on creating jobs with a livable wage. At the meeting, it was also determined that each City would provide a representative to be a part of a sub committee to discuss the issue. Weyrens stated that it is up to the Council as to who they would like to have represent SI. Joseph on this committee. I , , 1 John Massman, a representative from GRIP was present at the meeting to answer any questions that ,the Council had. He stated that they are hoping that the project will be done within à year. He stated that I Stearns County has agreed to be the coordinator. There were some questions about the times of the meetings and Massman stated that the times will vary depending on who is appointed and when they are available to meel. ! Hosch stated that considering the subject of the task force, it would make the most sense to appoint I someone who is affiliated with the EDA since the EDA already deals with a livable wage standard when considering business subsidy. Therefore he suggested that Rieke be appointed. If he is unable or unwilling he suggested that some from the staff be appointed as an alternate. I I Hosch made a motion to appoint Rieke to the livable wage committee with City Staff as the alternate. The motion was seconded by Wick and passed unanimously. Lemmer Truckino: Weyrens stated that last year the City approved a loading dock for Lemmer Trucking. This year, they are looking to enclose the loading dock. Their plan was brought before the Planning I Commission for approval. The Planning Commission reviewed the plan and the plan was approved with the following contingencies: , 'I · The parking lot needs to be brought into compliance. They will need to tar from the building to 19th Avenue. This will prevent runoff of gravel onto streel. 'I · Landscaping needs to be brought into compliance with the current Ordinance as thel majority of the landscaping is deteriorating. The Planning Commission stated that it lis important to be consistent with all property owners, new construction and expansion! New businesses are required to submit a unified landscaping plan and the same should be applied to expansion. Therefore, the recommendation from the Planning Commission included landscaping improvements. · The exterior requirement will be applied to the existing structure, as adding a decorative material to the expansion would not be seen from the streel. The property owner has agreed to the transference and will comply with the requirem¡nl. I Rassier made a motion to authorize the Mayor and Administrator to execute the Development I Agreement between the City of St. Joseph and Lemmer Trucking based on the contingencies set forth by the Planning Commission. The motion was seconded by Rieke and passed unanimously. Kaeter Truckino: Kaeter Trucking has requested to construct a 4200 square foot warehouse/office facility on 19'" Avenue SE. Weyrens reported that their plan has been submitted for approval from the Planning Commission and the Council. At the Planning Commission meeting, they had a lengthy discussion with I i October 7, 2004 Page 4 of 5 the Builder as to whether or not windows could be included in the 25% of decorative material required on the outside of the building. Since the Ordinance does not specify that windows are excluded, the I Planning Commission agreed to allow the windows in the exterior material calculation. The Planning Commission further agreed to consider an amendment to the Ordinance to exclude windows in the future. Weyrens stated that Kaeter has submitted a complete development plan which includes landscaping and paving of the parking area. The Planning Commission has recommended approval of the development agreemenl. Wick made a motion to authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Kaeter Trucking for the construction of a warehouse/office facility. The motion was seconded by Utsch and passed unanimously. Area meetinQ with Leoislators: Weyrens advised the Council that there will be an Area Cities Meeting with Legislators on October 14th, 7-9PM in SI. Cloud. MeetinQ fees and Council Salarv Schedule: Weyrens stated that the Council has previously discussed the need to increase the meeting fees for the City Council. As the Council cannot raise their own salary until after election, the Council must determine before November 2, 2004 if the salary is to increase. In preparation of the meeting, the City staff has contacted the surrounding Cities gathering current and projected Council fees. In reviewing the data, SI. Joseph has the lowest paid Mayor and Council. Hosch stated that the Council for the past two years has been discussing the need to increase the fee and establish future increases at the same level as the average increase of the employees. Utsch clarified that the Council is increasing the meeting fee for all Boards and Commission from the current $ 20.00 per meeting to $ 35.00. Weyrens stated that the Council has previously agreed to increase the meeting fee for the Planning Commission effective January 1, 2004. The meeting fees for the remaining Boards and Commission will be effective January 7, 2005. Hosch stated it is his opinion the meeting fees should be increased as follows: I Mayor Council $500/rnonth + meeting fees (current $ 300.00) $300/month + meeting fees (current $ 150.00) Rassier made a motion to increase the monthly Council salary to $ 300 per month and the Mayor Salary to $ 500.00 per month. In addition all meeting fees will be paid at $ 35.00 per meeting. The monthly increase for the Council and Mayor would be spread equally over a two year period. Effective January 1, 2005, the monthly salary for the Council and Mayor will be increased an amount equal to the average increase of the two City unions less one percent. The motion was seconded by Rieke. Discussion: Utsch questioned why Rassier made a motion for the increase to be 1 % less than city employees. Rassier stated that his motion was for discussion purposes only. Rieke and Hosch stated that by going with an increase of 1 % less than the City Employees, they would be defeating the intent of the increase. The intent is to keep the Council and Mayor salary at a market rate, increasing with inflation. Hosch stated that the 1 % gap would require a larger adjustment in the future. Ayes: Rassier, Rieke Nays: Wick, Utsch, Hosch Motion Failed 2:3:0 Utsch made a friendly amendment to the motion by Rassier, clarifying that the Council and Mayor will receive the same annual percentage increase as the average union increase. The salary and meeting fee will be the same as proposed by Rassier with an effective date of January 7, 2005. The I motion passed unanimously. I I I I I October 7, 2004 Page 5 of 5 I , Rassier made a motion to Recess for 10 minutes. The motion was seconded by Wick and passed unanimously. I The meeting was reconvened at 7:55 PM. ,I 2AM Bar Closina: Weyrens reported t:.~: the party leq!':¡~ting the change of ti~e for bar closing will n10t be present due to illness. Wick made a motion to table the discussion on Bar Closing until all parties are present. The motion was seconded by Rieke. Ayes: Wick, Rieke, Rassier, Hosch Nays: Utsch Adiourn: Rassier made a motion to adjourn at 8:00PM; seconded by Utsch and passed unanimously. ~~Yen¡¡ly<-túlS ~i~strator I THIS PAGE INTENTIONALLY LEFT BLANK I I