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HomeMy WebLinkAbout1999 [12] Dec 02 I I J>age 3666 December 2, 1999' I City ofSt Joseph City Council Meeting 12/02199, 7:00 PM 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, December 2, 1999 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit and Mary Niedenfuer, and Clerk-Administrator Can Schmidt and Deputy Clerk Judy Weyrens. Others Present:, Mark Vadnais, Dick Taufen, Jamie Phenow, EDA Director Chad Carlson, Matt Pflugi and Brian Zeck. 2. Approve Agenda: Schmidt stated that there is one addition to the agenda. The City Engineer has received the final quantities for the Northland project and it appears that the assessment roll can actually go down. Loso made a motion to approve th~agenda with the addition of the Northland project assessment roll. Ehlert S8conded the motion and it passed unanimously. 3. Consent Agenda - a. Gambling Permit - Lions Club for 1-28-00 at the La Playette b. Set a public hearing for liquor license fee increase, December 16,7:00 P.M. Niedenfuer made a motion to approve the consent agenda, seconded by Loso. The motion passed unanimously. I 4. Approve Minutes - City Council Meeting 11/18/99 and Working Meeting 11/10199 Hiemenz stated that there were a few typographical errors in the minutes, but they have since been corrected. Ehlert stated that he would still like to see a maximum tow charge for the vehicles that the City tows. This wasn' reflected as clearly in the minutes. Schmidt suggested that they approve the minutes and discuss the content (the towing bids) during the miscellaneous section ofthe meeting. Ehlert agreed. Twit made a motion to approve the minutes of 11/18, seconded by Ehlert. The vote passed unanimously. (Loso stated that he abstained from voting on the portion ofthe meeting that he was not in attendance.) On the minutes for 11/10, Ehlert stated that he believed ¡twas Twit that made the suggestion regarding Bill Lorenz, not himself. Schmidt stated that she would change "Ehlert" to "Twit". Niedenfuer made a motion to approve the minutes of 11/10, seconded by Loso. The motion passed unanimously. I 5. Bills Payable and Overtime/Callouts - Weyrens stated that the Council received an extra sheet of bills because the packets had to go out so early. If we had waited till the next meeting, the bills would have been really old. Weyrens explained a few refunds, as well as the expenses for re-wiring of the police vehicles. Twit expressed concern that the wiring was very expensive and should have come to the Council first. Schmidt stated that the wiring had to be done to fix years of problems. Hiemenz stated he didn' expect it to cost as much as it did. The cars are all now wired to code. Loso stated that this is a good lesson that we should only use certified electricians to do this type of work. Loso made a motion to approve the bills payable. Ehlert seconded the motion and it passed unanimously. Ehlert made a motion to accept the callouts, seconded by Loso. The motion passed unanimously. Twit asked if the holiday payouts were also included in that. Ehlert made a , motion to approve the holiday payouts, seconded by Twit. The motion passed unanimously. 6. Public Comments on the Agenda - There were no public comments on the agenda. 7. Dog Variance - 311 Eleventh Avenue SE - Mark and Jacqueline Vadnais - Mark Vadnais stated that he submitted a letter to the Council and would be happy to answer any "'1C£t:: J>age 3667 December 2, 1999 questions they may have. He indicated that he would like to refrain from making any comment until he hears what his neighbor has to say. Vadnais stated that he doesn't want to get into the details of any neighborhood disputes, but that he does have a restraining order against his neighbors. His daughter is graduating in May and will be able to take the dog with her then. Twit asked why he called the St. Joseph Veterinary Clinic to determine how many dogs they could have. Vadnais stated that they deal with the vet all the time, as the dogs get their shots there etc. He also indicated that he picked up a copy of the City ordinance relating to dogs at City hall but that it stated 3 animals--and questioned if the Council had changed the ordinance recently. Twit stated that he did not believe that the animal ordinance had been changed in many years. I Twit stated that it's a1so a problem if all three dogs are licensed with the City, that we didn't catch this before. Weyrens stated that the licenses were purchased at the vet dinic and we just recently received the licensing book back. Loso asked what kind of dogs the Vadnais's have. Vadnais indicated they have two terriers and a golden retrieverllab. They are mainly indoor dogs but they are let out into their fenced yard. Brian Zeck, 313 11th Avenue SE, stated that he is a neighbor of Marl, Vadnais. The dogs are barking constantly. He has called the police so many times thatthey now tell him to wait 15 minutes and then call back if the dogs are still barking. Zeck stated that he has a garden on that side of the backyard. They let the dogs out into the yard when lie is working there. Also, if the kids are playing in the front yard, the dogs are chained up in front Zeckstated that Mrs. Vadnais has even told him that the dogs are vicious. Zeck stated that he's seen Mrs. Vadnais purposely tease and excite the dogs when he is in his yard so that they continue to bark. This mayor may not be intentional, but it appears that way. Niedenfuer stated that she can certainly appreciate the sensitivity to the noise created by the dogs and sympathizes with Mr. Zeck. Loso asked if the Vadnais's have received any tickets for their dog. Vadnais said no. Hiemenz stated that he checked with the police department. There were a number of reports, but they were all listed as a neighborhood dispute. Hiemenz also indicated that another neighbor, Susan Gregoire, contacted him as she couldn't be here tonight. She had concerns as well about the barking dog. I Vadnais stated that there are 13 dogs in the neighborhood and to blame all the barking in the neighborhood on his dogs is absurd. He stated that he has a letter from the City regarding an incident where Susan Gregoire's dog bit his wife. Twit stated that isn't the issue here. Your third dog is the issue, not anyone else's. Twit asked Zeck if he feels that eliminating the third dog would alleviate the problem. Zeck said it probably wouldn't. TVI'Íl stated that in that case he would like to make a motion to grant the variance to the Vadnais's for the third dog until the daughter graduates. Ehlert seconded the motion. Niedenfuer objected stating that this is a case where we have two households objecting to this variance. If the Council approves this variance, they are condoning irresponsible dog ownership. Twit stated that it sounds like there are issues with dogs on the entire block. Ehlert asked if they would need a period of time after graduation to remove the dog. Vadnais stated that they would have the dog removed by June 7th. Twit amended his motion to grant the variance for the third dog until June 7"', 2000. Ehlert seconded the motion. The motion passed 4:1, Niedenfuer voting no. 8. City Engineer's Reports - City Engineer Joe Bettendorf reported to the Council that he has a number of applications for payment for their approval. He present,ed an application for payment #2 for 1999 Sixth Avenue NEt Northland Drive for J.R. Ferche. Ehlert made a motion t~approve the application for payment, seconded by Loso. The motion passed unanimously. I Bettendorf presented an application for Payment #2 and cost split for the 1999 Joseph Street I I I J>age 3668: December 2, 1999 Improvements and the BÜsiness Park Improvements. Ehlert made a motion to approve the application for payment and cost split, seconded by Twit. The motion passed unanimously. Bettendorf presented a change order for Joseph Street Improvements/Joseph Street Business Park Improvements. The change order is to add the storm sewer outfall manhole and pipe on the northwest comer of the pond so we can eliminate the need to excavate in the pond slope when future storm sewer is installed. Twit made a motion to approve the change order, seconded by Ehlert. The motion passed unanimously. Bettendorf reported that he received the final quantnies on the Northland project for all items except the bituminous wear course and restoration items which will be completed next Spring. After updating the final cost projections. the work on the Brandenburger portion of the project will come in significantly below the previous projection. The primary savings is due to less fill needed for the roadway section, both in terms of on-site fill and borrow material. Since the final assessment roll has not been certified to the auditor as yet, the Council can still make an adjustment without redoing the hearing process. If the Council wishes to make the adjustment, Bettendorf stated that he can revise the assessment roll for staff to file on Friday. Twit asked ifthere is clear and documented justification that the adjustment should go to the Brandenburger assessment. Bettendorf said there is and that he has all of the documentation. Twit made a motion to approve the adjustment to the aSS8ssment roll for the Brandenburger property, which was seconded by Loso. The motion passed unanimously. Bettendorf stated that all of the projects are going well. He is through the punch list on Pondview and there are only a few things left to be done. Bettendorf also reported that the generators are done and have been tested. We are merely waiting for the trailers to be finished. The wiring for the well-houses is also ready to go. Niedenfuer asked Bettendorf if he had heard anything about the wetlands behind Klinefelter park being filled in. He indicated that he had taken a look at the area and it did seem that there had been some dumping taking place. Bettendorf indicated that he would draft a letter to the developer regarding the issue. 9. Water Hookups for Joseph Street - Dick Taufen stated that first he must give SEH credit, because the last few projects have gone really well. He stated that he is seeking input from the Council regarding the water hookups for the businesses on Joseph Street. Each ofthe properties has been stubbed out to 6". However, there is no Jaw requiring the property owners to run a 6" line to the building. Most will run an inch or 1112" line. Taufen asked for some direction on how he should approach the businesses about the size of the line they shouJd run. He discussed this issue with the City Engineer, Fire Chief, and the Building Inspector. They all agree that we can1 force the businesses to run the larger line, but it would allow them to sprinkle in the future. Ehlert asked if it would be in the best interest for the property owners to do it now. Taufen said yes, but that it will be more expensive to run the 6" line. The Council suggested that the City send a letter to these property owners asking them to consider running the 6" line to the buildings. Even if they don1 need the line yet, this preparation will make the properties sprinkler ready for the future. They should also be informed that the cost to do this is approximately double of what the smaller line would cost. Taufen also requested approval to purchase an extra set of iron filters from Tonka Equipment for the water treatment plant. There are 38 separate filters which break the water out into separate droplets. An extra set of filters would allow them to rotate the filters. Twit suggested that the City purchase 45 as some may break. Loso made a motion to approve the purchase of 45 iron filters from Tonka Equipment, seconded by Ehlert. The motion passed unanimously. Taufen also reqlJE!Sted approval to attend a one day seminar from the Minnesota Water J>age 3669 December 2, 1999 School. Ehlert asked if this is something that Jim Marthalef should also be attending. Taufen said perhaps, but he wasn't sure if he would be interested. . Ehlert made a motion to approve the attendance of two employees at the Minnesota Water School seminar, seconded by Ehlert. The motion passed unanimously. Twit asked Taufen if he had noticed the new hump in the road on 4th Avenue. Taufen indicated that this was caused by a subcontractor òf NSP, Muellef Co. He already expressed a great deal of concem to them regarding the damage. Hiemenz as~,ed if we could cut out the hump and patch the road? Taufen suggested that it might be shaved down in that spot. Bettendorf agreed, saying that it would only reduce the thickness of the blacktop in that one spot. Twit suggested that the City contact the subcontractor to see if they will fix it. Weyrens stated that there was a bid bond that we can also file on. Taufen stated that we will contact them and that in the future they will do what they can to encourage directional boring. Taufen stated that the subcontractors should be held to a higher degree of liability. Ehlert made a motion to exercise the holding of the bond until the problem is fixed. Niedenfuer seconded the motion and it passed unanimously. I 10. Portable Sign Fee - EDA Director Carlson reported that over the past few months, he and the Building official have tried to determine the most effective way of enforcement and procedures for obtaining a portable sign permit. Great Northem Inspection has created a procedure for issuing and monitoring the length of time a sign can be displayed. The City and Great Northem should cover administration expenses for permitting the signs. The City Council has discretion in determining the permit fee. However, with the cost of enforcement and administration by the City and Building Inspector, a minimum fee of $25 should be charged for the permit. The fee is comparable to other communities in the area. After the fee is set, Carlson stated that he will contact each business, non profit and sign company by letter to inform them of the fee. The City will also run an article in the Newsleader and a spot on the cable channel for additional notification. Niedenfuer asked what other communities like Waite Park are charging. Carlson stated that our ordinance and fee schedule were actually modeled after Waite Park. Ehlert asked if this should be run past Planning and Zoning for approval too. Hiemenz stated that the fees are set at the Council level. Twit asked what does the portable sign ordinance cover-banners, signs on wheels? Carlson explained that he and the City Attomey discussed this topic and decided that banners and hanging signs would fall under a completely different ordinance. This ordinance merely covers signs on an axle that can be moved from place to place, I Niedenfuer asked if this would also apply to non-profits. Carlson stated that it was his understanding after Council discussion that this would pertain to any organization that wanted to use a portable sign. Niedenfuer stated that she did not fecall discussing who this did or did not apply to. Twit asked if the Council is approving anything but the fee tonight with this motion. Carlson indicated that he only needs action on the proposed $25 fee. Loso made a motion to approve the $25 fee for the portable sign ordinance, seconded by Niedenfuer. The motion passed unanimously. Carlson stated that he heard there was a question on the billboard on the County right of way. He stated that it is being moved 450 feet to the west. We can't remove it because it's on the right or way. 11. Refuse Bids - Schmidt reported that the City had received four bids for refuse service for the City: BFI, Total, Superior and Waste Management. Total came in as the lowest bidder on the weekly residential service, but BFI was the lowest on the dumpster bids. Forthe City to stay with BFI, the cost diffefence is .17 in year one, .33 in year two and .44 in year three. Total Disposal also passed out some information at the Truth in Taxation meeting. This information is misleading and should be disregarded. Total analyzed the numbers as if the City pays for the weekly service, as well as the dumpsters. This is inaccurate, as the City only pays for the dumpster service. The residents pay for their own weekly service. They also submitted numbers for year 4 and 5 that were left out of their original bid. This was a I Page 3670 December 2, 1999 -. response to BFI's bid and should be disregarded as it was not submitted as part oftheir original bid. Total also made their bid conditional upon being allowed to split the refuse seNice with half on Thursday and half on Friday. Ehlert stated that he found all of the charts and information very confusing and asked if anyone else thought so too. He also stated that he thinks that commingled recycling would be a nice feature to have for our refuse seNice. Jamie Phenow, of BFI, addressed the Council stating that BFI tried it for awhile but they ended up with more garbage than anything else. Niedenfuer stated that she has received no complaints about BFI. It is also a great seNice that they do the Spring and Fall Pickup, as well as the Christmas trees atterthe holidays. Loso stated that he has no complaints with BFI, and if it isn't broke we shouldn't fix it. Twit stated that it's also important to remember that this is an Enterprise Fund, and even with this small increase, the residents won't see an increase at all. Loso made a- motion to award the bid to BFI for three years, with an option to extend it for an additional two years. Twit seconded the motion and it passed unanimously. 12. Mayors Report - Hiemenz reported that he had attended a number of meetings. He attended the Economic Development Partnership meeting on the light rail. He attended the League of Minnesota Cities Policy Adoption Conference, as well as the West Metro meeting. He also received a complaint about a barking dog. I Hiemenz also reported that the City had received a letter from the City of Eden Valley regarding their efforls to obtain further set backs of new feedlots from the City limits. The Eden Valley City Council would like to get together with other cities in the County, discuss the issue and make a joint presentation to the County. Hiemenz suggested that the City send a letter stating their support. Loso stated that he would like to get together with the other cities to talk about the issue. A collective letter or presentation from a number of cities, instead of each Council individually will have more of an impact. 13. Council Reports - Niedenfuer reported that the Healthy Communities Partnership has a training session in Elk River on Wednesday. There was also a growers meeting last week. It was a very successful meeting, with around 18 growers in attendance. They received some invaluabte feedback. One possible site they are considering is the Del Win parking lot. It's imperative to have a paved surface for access for wheelchairs and strollers. It was a very successful meeting overall. Loso asked if the Council wanted to discuss the email that Schmidt had distributed. Schmidt stated that she meant it as merely an FYI item and that it required no discussion. Twit had no report. Ehlert had no report. 14. Clerk/Administrator Report - Schmidt reported that the employee Christmas party is scheduled for December 9 at the Blue Heron in Cold Spring. Schmidt stated that she hoped they could all make it as it will be a fun event and that it will be good for everyone to be together in a socia! setting. I 15. Miscellaneous and Announcement Items - Ehlert stated that he would like to discuss the issue of towing again. He is concerned about the "minimum towing charge" that was listed on last week's bid list. Schmidt stated that the minimum charge was more of a concern regarding the towing companies outside of St. Joseph, as they would have to tow the cars a greater distance. Schmidt stated that the Council awarded the bid to Stueve's in part because they liked the low cost, but also the convenience forthe residents of the close location. Twit expressed concem that Stueve's does not have a lot that the City can enclose the vehicles and that we need to urge him to look for a location. Loso stated that the City has addressed this issue with Stueve's garage in the past. Hiemenz stated that the other issue of concern is liability on the City's part that some of the vehicles are being parked on the City lot. Twit stated that we should not allow that at all. Schmidt stated that currently Stueve can store 4-6 vehicles not on City property J>age 3671 December 2, 1999 16. . Ifthere are more to be towed, he contacts All Care of Andy's in St. Cloud. Twit stated that if Stueve has used up his available space, his backup companies should be called. Ehlert reiterated that Stueve should look for a location for the vehicles to.be securely stored. Schmidt stated that she would pass this information on to Stueve. Twit agreed saying that this may be something that causes the City to go with another service in the future. I 17. Adjöurn - 9:35 P.M. Loso made a motion to adjourn, seconded by Twit. The motion passed unanimously. Re$peétfully Submitted, {!:5J-Jf CariSchmidt ClerklAdministrator City of St Joseph I I