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HomeMy WebLinkAbout1999 [06] Jun 03 Page 3537 June 3, 1999 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, June 3, 1999 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz. Councilors Ken Twit, Bob Loso, Cory Ehlert, Mary Niedenfuer. Deputy Clerk Judy Weyrens. I City Representatives Present: Dick Taufen, Public Works Director. Others Present: Steve Streng, Jeff Palm, Gary Heltemes, Tom Cruikshank. Approve Aoenda: Twit made a motion to approve the agenda with the following corrections; seconded by Loso. Items deleted: Treasurer's Report, Fire Chief Reports, City Engineer Reports Items added: Bob Herges, Pond View Ridge proposed plat 6 ! Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None. Motion Canied 5:0:0 Consent Aoenda: a. Capital Purchase: Rewriteable CD Rom, KLN Distributing $425.00, Administration. Application for Pay #3, 90th and 9151 Avenue. Randy Kramer Excavating $ 19.336.20. í Exemption from Lawful Gambling - St. Joseph Fire Department for an event to be held on August 20, 1999 at the La Playette. Liquor License: Off Sale: Loso's Mainstreet Pub, La Playette Inc, EI Paso, Sat's Bar & Grill, St. Joseph Liquor Shoppe. On Sale: Loso's Mainstreet Pub, La Playette Inc, EI Paso, Sat's Bar & Grill. Sunday Liquor: Loso's Mainstreet Pub, La Playette Inc, EI Paso, Sal's Bar & Grill, American Legion. Wine: Bo Diddley's, College of St. Benedict. Club: American Legion. Gambling Permit Renew - St. Joseph Jaycees for sites at St. Joseph Gas and Bait and Sal's Bar and Grill I b. c. d. e. Twit questioned the qualifications for securing a Sunday Liquor License. Loso stated that he understood that in order to sell alcohol on Sundays, establishments meet minimum food sales. Weyrens stated that she was uncertain as to the requirements and would review the qualifications and notify the Council if food sales are a requirement. i , Loso questioned the status of the Street Improvement Project on 90th and 91't Avenues. Weyrens stated that the rain has caused a delay in the project but work should resume the week of June 7, 1999. Twit made a motion to approve the consent agenda with the stipulation that Sunday Liquor Licenses are approved provided Statutory requirements are met. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Twit, loso, Ehlert, Niedenfuer Nays: None~ Motion Canied 5:0:0 Approval of Minutes: Loso made a motion to approve the minutes of May 20, 1999 with the following corrections: Page 1: last sentence, correct typing error - Loso, not Los Page 3: delete the second last sentence on the page Page 5: 2,d to last1ine: stating the City is capable... The motion was seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Canied 5:0:0 I Page 3538 June 3, 1999 I Bills Payable: Twit made a motion to approve the bills payable, check numbers 26924 - 26978; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None. Motion Carried 5:n:O Overtime: .Loso questioned whether or not the Council could view the video tape from the disturbance on May 21, 1999. Hiemenz responded that the video tape is evidence and it is not available for viewing. Twit made a motion to approve the overtime as presented; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Public Comments to the Agenda Dick Taufen: Dick Tauten, 32 - 2nd Ave NW appeared before the Council to discuss the recent disturbance on College Avenue. Tauten stated that each year graduation weekend becomes more of a problem and questioned when the Council will take measures to stop further disturbances. Tauten stated that if something is not done soon someone may get hurt. He also stated that the residents should not have to suffer personal property damage or incur additional expenses because of graduation or school parties. Tauten stated that he was informed by Councilor Loso that a fund was established through the CORE Committee to pay for acts of vandalism. Niedenfuer stated the CORE Committee secured a Community Police Grant which was only good for one year. The balance of the grant was used for funding ofthe new computer system for the Police Department. I Niedenfuer stated that she has been contacted by Doris Johnson, a resident on Ash Street" who also has concems with graduation and party activities. Johnson has suggested the City review the Ordinance which grandfathered rental licenses allowing 5 persons per dwelling unit. Further, Johnson questioned the large General Business area which abuts Ash Street and now rental units could be controlled in this area. Twit stated that it is his opinion that the problem cannot be corrected until all parties involved, including the COllegelUniversity, admit to responsibility and actively pursue remedies to prevent future disturbances. He stated that one of the problems is the free day the students have between finals and graduation. Without that day there may be a lesser time for students to party and create a disturbance. ' Niedenfuer stated that at the CORE Committee meeting of May 12 a lengthy discussion of the Disorientation Party and possible solutions to include keeping the students at the Del Win after the bars close. Niedenfuer also expressed disappointment in the level of participation by College Representatives at the CORE meetings. Niedenfuer also stated that they are invited to all the meetings but do not sent representation. She too agreed that the College and University need to take some ownership in the problems that arise on graduation weekend. I Hiemenz stated the he has received many calls regarding the disturbance and was present to see the activities first hand. In an effort to find ways to prevent future disturbances, Hiemenz reported that he met with the Police Chief, City Attomey and City Prosecutor: Hiemenz reported that he will be preparing a summary of the meeting along with proposed actions/solutions. Jeff Palm. 30336 - 90th Avenue: Jeff Palm appeared before the Council to request relief from the City policy whereby the Water hookup fee is payable at the time the service line is extended. It wasn't until recently that Palm was informed that if he extended the service line he would be required to pay the hookup fee. Palm stated that is was his understanding at the public improvement hearing that the hookup fees did not become payable until the service is used. Further, Palm stated that he supported the improvement with the understanding he could install Pag~ 3539 June 3, 1999 the service line, cap it at the house and pay the hookup charge when physically connecting to the water system.. The Council discussed the hookup policy and clarified that the fees are due at the time the service line is extended. Weyrens and Taufen cited the following reasons for the policy: 1) once the service line is installed the service can be used without the City being aware of the use; 2) it cumbersome to keep track of installed service lines. Weyrens further questioned the possibility of setting precedence by relieving this policy. Wtth the City anticipating reconstructing Joseph Street, would the property owners on Joseph Street request the same relief also? Hookup fees are used to finance the improvements of water and sewer, and if they are not collected at the time of installation, other financing plans may be necessary. I Ehlert questioned if the residents could be given a three year period to pay the hookup fee. Twit and loso cautioned this type of practice as it may set precedence for future projects. The Council agreed to consider this matter further and take action on the request on June 7,1999. MetroDolitan Transit Commission (MTC): MTC Planner Tom Cruikshank, appeared before the Council to discuss future public transportation. Currently MTC provides transit for the cities of St. Cloud, Sauk Raþids and Waite Park. The Minnesota Department of Transportation has requested the MTC complete a market sUNey of current and future busing, for which MNDOT will pay 80% of the associated costs. At this time MTC is approaching st. Joseph and Sartell to see ifthere is an interest in becoming part of the system in the future. If St. Joseph wishes to be a part of the study area, they will be responsible for paying a portion of the unfunded survey costs. The City does not need to make a formal commitment until the proposals for the survey have been received. After the proposals have been received the cost will be determined for each participating municipality. At that time the City will need to make a financial commitment. I Niedenfuer stated that during a recent Sustainable Community meeting the need for public transportation was discussed. The Committee was impressed at the services offered by the MTC. loso stated that he recalls the last time the MTC approached the Council and it was cost prohibitive. Cruikshank stated that over the past years the MTC has revised their strategic planning and costs have been reviewed. A major determining factor in providing MTC to St. Joseph is what, ihmy, commitment the College of st. Benedict and st. John's University will provide. Ehlert requested clarification as to what type of public transit is being discussed. Cruikshank stated that he is specifically discussing bus transportation, not commuter rail. However, iflwhen commuter rail becomes a reality, MTC will work with the rail transit so as not to duplicate selVices. The Council agreed to be part of the market survey for the MTC, requiring no financial obligation. Cruikshank stated that he will continue to work with the Mayor who will re,lay information to the Council. It is anticipated that sometime in July the City will need to make a firm commitment and financial obligation. Mark & Joan Loch. Easement Release Reauest: Mayor Hiemenz opened the hearing at 8:05 p.m. and stated the purpose ofthe hearing is to consider a release ofthe east fIVe feet of the west 10 feet of the platted easement on property legally described as Lot 007, Block 004 Eastern Park Addition. The request has been submitted by Mark and Joan Loch, 304 Western Court. The request will release any rigl1ts of the City contained in the plat. By this action the City is not affecting any rights of public utility companies not owned and operated by the City of St. Joseph. I I I i Page 3540. June 3, 1999! I Mark and Joan Loch spoke on their own behalf. They stated that in the process of selling their home it was determined that the garage was constructed five feet into a utility easement located on the rear of the lot. An affected utility companies have been contacted and they have all submitted a five foot release of easement. Weyrens stated that the matter was reviewed by the Public Works Director and he concurred that fIVe feet of the easement could be released as the City does not have utilities in the easement area, nor do future plans place utilities in the area described above. Loso made a motion adopting the following resolution; seconded by Ehlert. Notice of Completion of Vacation Proceedings The City Council received a petition for the partial vacation of an easement described as follows to wit: Legal Description: Lot aa7 Block aa4 Eastem Park Easement Vacation request: The east fIVe feet of the west ten feet of the platted easement The matter came before the City Council pursuant to a petition submitted by Mark and Joan Loch for partial vacation of a public utility easement pursuant to MN Statute 412.851. The hearing of the matter was duly published and written notice was mailed to affected property owners at leaSt ten days prior to the hearing in accordance with the Statute. I Based upon the information presented at the time of the hearing, the City Council for the City of SI. Joseph resolves that the above described easement vacation request located on Lot 007 Block 004 EaStem Park is hereby vacated effective immediately. ,.- Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Mark Loch requested the City waive the hearing fee for the easement release as he feels they , buill the garage with a permit and understood that it met the requirements of the Ordinance. . Loch stated that it is his opinion the Building Inspector should have been aware of the easement when the garage was constructed. Further, the discovery of the easement has created additional closing costs which would not have been incurred if the garage was not constructed over the easement Ehlert made a motion to pay for 50% of the hearing costs to include publication and legal; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Refurbish 1994 Ford Sauad Car. Officer Brad Meyer appeared before the Council to discuss the option of refurbishing the 1994 Squad. Meyer stated the 1994 Squad is in dire need of repair or replacement. At the last Chiefs Conference a presentation was made by Shaheen Chevrolet to refurbish squad cars. During the refurbish the car is completely rebuilt, interior and exterior, including the engine and transmission. Shaheen provides a 12,000 mile warranty. The cars once furbished should last another 100,000 miles. Meyer stated they have contacted agencies that have refurbished cars and they were all satisfied with the vehicles. I The Council viewed a short video on the refurbish process. Meyer stated that Shaheen will provide the City with a detailed estimate for all work that is needed. In order to receive an ' estimate, the Citywilll]ave to ship the '94 squad to Shaheen Chevrolet at a cost of $200.00. Twit made a motion to refurbish the 1994 Ford as requested, with a cost not to exceed $11,000; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Page 3541 June 3, 1999 Police Caoital Purchase: Meyer requested authorization to purchase a new radar and additional lighting for a total cost of$ 2,100.00. Funding for the equipment will come from the proceeds of the sale of seized vehicles. The department recently sold two vehides with total proceeds equaling approximately $ 2,600.00. Niedenfuer made a motion to approve the equipment as requested; seconded by Loso. I Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Bob Heroes. Pond View RidQe Six: Bob Herges appeared before the Council to request authorization to bid engineering services for Pond View Six. Herges stated that they are in the process of completing Pond View Five but have had problems with the contractor_ He stated that it is his opinion that he could have more control of the project if it were not a City project As Pond View Five is constructed as a City project, Herges stated that he does not have control over the contractor and must rely on the City Engineer. Hiemenz stated that the City developed a policy requiring the engineering to be completed by the City Engineer as a method to increase efficiency for both the City and Developer. In the past there had been some issue-of accountability. Twit stated it is his opinion that requiring the use of the City Engineer was to assure the City's best interest was being addressed. Herges responded that it is his opinion that SEH.RCM is extremely busy and does not have adequate time for the development. It is his opinion that requiring the use ofthe City Engineer was a step backwards_ Herges clarified that if the City Engineer is not used for the construction of Pond View Six. the City Engineer will still have to approve the design of the plat. The only difference will be during the construction as the finn awarded the engineering will provide technical and inspection services. Loso made a motion authorizing Bob Herges to bid engineering services for Pond View Six; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 I Director of Public Works Report Water Conservation Reoort: Public Works Director Dick Taufen discussed the Water Consumer Confidence Report_ All municipalities are required to complete the report and have it available to the public-no later than October 1, 1999. Tauten questioned if the City wishes to complete the report internally and what method of public awareness is preferred_ The CounCIl agreed to complete the report with the assistance ofthe City Office staff, provided they have the ability. Niedenfuerrequested that the report be mailed to each resident. Through discussion the Council agreed to advertise the availability of the report by publishing the announcement on the back of the utility bills and through the cable access channel. Loso made a motion to complete the Water Consumer Confidence Report with the assistance of the City Office and infonn the public of its availability through notice on the back of the water bills and use of the cable access channel. The motion was seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Water Float Down: Tauten reported that SEHRCM has completed the float down of the water tower and the full report will be available to the Council in approximately four weeks. In discussing the float down with the engineers, it appears as there is not a need for maintenance work at this time. I I i I Page 3542 June 3, 1999 i , Maintenance Shop - New Facilitv: Taufen stated it is his understanding that at the previous I Council meeting the need to improve and enlarge the Maintenance Shop was discussed. Taufen' stated while he agrees the shop needs to be improved he has the following concerns: 1}has the' City determined if the present location is the best site for the Maintenance Shop; 2) does the City I wish to have a road running through the Maintenance Shop property; 3) approximately $80,000 I has been set aside for the addition. However, if the cost exceeds the reserve amount how will ~~~~~ I Taufen stated that while it may not be feasible, the best location and facility for the Maintenance ! , Shop is the current Vic West site. The Council discussed altemative sites and agreed to research this matter further ~fore expending any funds to expand the existing maintenance facility. Concession Stand: Taufen stated that he has been questioned as to where the power will be extended from for the new concession stand at Memorial Park. At this time the City has the option of providing a new service, extending power from well house #3 or extending power from the hockey rink lights. If a new service is installed the City will pay seasonal power rates which is considerably higher. After discussing the extension of power from well house #3, the Council agreed the best power source for the concession stand is by extending power from the hockey rink. I Overtime for NSP - Power outaae: Taufen discussed the overtime incurred by the City while assisting NSP with two scheduled power outages. Taufen stated it is his opinion that assisting NSP was a benefit to the City and served as a training session for operating during a power outage. Therefore, it is his recommendation not to bill NSP for the overtime. Weyrens stated that the power outage also fuìfills the testing requirements for Y2K readiness. The Council concurred to absorb the cost associated with the power outages. US West Wireless - Landscapina reauirements: Niedenfuer questioned Taufen as to the status of the landscaping required as part of the lease for placing the antennas on/near the tower- Taufen stated that he discussed this matter with the Mayor and requested that shrub~ry not be planted. If shrubbery is planted the Maintenance Department will have to maintain the area with hand equipment. Without the landscaping the department can mow the area with the riding equipment. Ehlert questioned if the City could require the landscaping but place the material in one of the park areas. The Council agreed to view the tower and discuss the matter at the next Council meeting. Mavor Reports: None Council Reports ìWlT Federation Contract Twit reported that he and Mayor Hiemenz met with a representative of the Law Enforcement Labor Services at which time they presented items for discussion for the 2000 Police Contract. The next meeting with union representatives will be on July 8, 1999. EHLERT No report I LOSO No report Page 3543 June 3, 1999 NIEDENFUER I No report. Clerk/Administrator Reoorts: Weyrens reminded all Councilors ofthe uproming budget Budgets will need to be submitted to the City Office by July 30,1999. Adioum: Loso made a motion to adjoum at 9:40 p.m.; seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 C1d{dJ~ dy Weyrens Deputy Clerk I I