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HomeMy WebLinkAbout2000 [10] Oct 19 Page 3800 October 19, 2000' 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session ou Thursday, October 19, 2000 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Acting Mayor Bob Loso. Councilors Cory Ehlert, Mary Niedenfuer. Deputy Clerk Judy Weyrens. Members Absent: Mayor Kenneth J. Hiemenz, Councilor Ken Twit. Others Present: Police Chief Gary Will Jr., David Kuefler, AI Rassier, Stephanie Howe, Tom Nahan. I Approve Agenda: Niedenfuer made a motion to approve the agenda as presented; seconded by Ehlert and passed unanimously by those present ' Noise Violation Hearing. 110 _10th Avenue SR. #101: Property Manager David Kuefler appeared before the Council ou behalf of the owners of Meadowlark apartments. He stated that his company has recently secured a corrtract to manage the Meadowlark Apartments, and as property managers do not tolerate disruptive behavior. Kuefler further stated that the residents in apartment #10 I have been evicted and a letter has been sent to all residents in the complex stating that all residents are to abide by the City Noise Ordinance and included a cOpy of such. Kuefler stated that he has no reason to contest the violation that occurred ou September 29, 2000 as the police reports provide supporting documentation. The residents of apartment #101 expressed remorse to Kuefler and apologized for any inconvenience they caused. Further, Kuefler stated that he is a part of the St. Cloud Multi Housing Coalition which drafted housing regulations for the City of St. Cloud and offered his services to St. Joseph. I Ehlert made a motion to verify that a noise violation did occur on September 29, 2000 at 110 _10'" Avenue SE; apartment #101; seconded by Niedenfuer and passed unanimously by those present. Acting Mayor Loso stated that the Council needs to consider what type of penalty will be assessed. Ehlert stated that he feels this noise complaint could have been handled as a discretionary matter as the comp laint stated the residents had only five ftiends over. Under discretionary policing the police could have stopped and gave the tenants 15 minutes to correct the matter before issuing a violation. Ehlert further stated that discretionarY policing was discussed in a letter from the City Attorney. Loso stated that the police are' enforcing as is current policy and the discretionary policing method regarding the noise ordinance has not been adopted. Ehlert questioued if the Council will be reviewing the discretionary policing matter as written by the City Attorney. Niedenfuer stated that positive results can be seen from the CORE Committee meetings. A resident questioned the police how to have a safe party and the Police Chief is happy to provide infonnation. Ehlert made a motion to assess the property owners of110 _10'" Avenue SE the administrative fees of$150.oo and a fine of $100.00. The motion was seconded by Niedenfuer and passed unanimously by those present. ! 1 Cousent A¡¡:enda: Ehlert made a motion to approve the consent agenda as follows; seconded by Niedenfuer and passed unanimously by those present. 1. Application for payment #2 - Gopher State Coutractors, $ 18,873.00 2. Resolntion calling for the Redemptiou of the Outstanding General Obligation Improvement Bonds of 1992, Series B Page 3801 October 19, 2000 ProDosal Reauest for City Hall Proiect: Stephanie Howe, Grooters Leapoldt Tiedeman, appeared before the Council to present five (5) change order requests for the remodeling project of the fanner First State Bank building. They are as follows: #1 - Electrical Modifications (GL T Proposal Request No.2): Howe reported that not all the electrical work could be detenuined at the time the plans were drafted, therefore additional electrical work is needed. The total cost of the additioruù electrical work is $ 529.00. Ehlert made a motion to approve the electrical modifications as detailed in GL T Proposal Request No.2; seconded by NÌedenfuer and passed unanimously by those present. 1 #2 - Carpeting and Painting (GL T Proposal Request No, 5): Howe presented a proposal to carpet and paint portions of the facility. The total cost of the additional cæpeting and wall covering is $ 9,358.00 Ehlert questioned the need to cæpet the lower storage room area and the condition of the existing cæpeting. Howe stated that the area does not need to be carpeted, however, whenever the storage room door is open you would see the old cæpeting from the Council Chambers. Niedenfuer questioned the carpeting in the employee breakroom. Howe responded that she is looking for something duIable for the breakroom as it is in need of replacement. The existing flooring is a vinyl covering. Councilors present agreed the area should be udpated and replaced. Ehlert made a motion to approve GL T Proposal Request No.5 with the deletion of carpeting tbe storage area and addition of updating the break room and bathrooms. The motion was seconded by Loso and passed unanimously by those present. # 3 - Electrical Outlet Modification (GL T Proposal Request No. 7): During the construction meeting it was detenuined that four wall outlets and two flush mounted floor outlets need to be added with a contract increase price of $ 1,307.00. Howe stated that the cost may seem high, but the pre cast floor adds additioruù costs. Ehlert made a motion to approve GL T Proposal Request No.7, adding four wall outlets and two flush mounted floor outlets. The motion was seconded by Niedenfuer and passed unanimously by those present. I # 4 - Modifications to upgrade basement corridor and stairs to meet fire codes (GLT Proposal Request No. 11): Howe reported that once demolition was completed it was discovered that the existing corridor walls were not completely fire rated. It is necessary to complete these items as they are required by fire codes. In addition to the basement corridor and stam, there are areas that will need to be fire caulked which will also be an additional cost. The cost to upgrade the basement corridor and stairs as well as the additioruù caulking is $ 2,762.00. Niedenfuer made a motion to approve GLT Proposal Request No. 11, upgrading lower level areas to meet fire codes. The motion was seconded by Ehlert and passed unanimously by those present. # 5 - Modifications to the Council Chambers (Gopher State Proposal Request No. 14). Howe presented the additional cost to relocate the door and window, removing the middle door into the council chamber area to accommodate the redesign of the Council Table. The total cost of this request is $ 657.00. Niedenfuer made a motion to approve Gopher State Proposal Request No. 14, modifications to the council chambers; seconded by Ehlert and passed unanimously by those present. 1 Bills Pavable: After review the bills payable, Niedenfuer made a motion to approve them as presented, check numbers 28902 - 28980. The motion was seconded by Ehlert and passed unanimously by those present. Page 3802 October 19, 2000 1 Overtime and Callouts: Niedenfuer made a motion to approve the overtime and callouts as presented; seconded by Ehlert and passed unanimously by those present. DEPARTMENT HEAD REPORTS Pond View Ridge Five: Weyrens reported that Bob Herges has requested the City Council accept Pond View Ridge Five. The developer has completed all the punch list items as prepared by the City Engineer. Before accepting the development the Engineer has requested additional time to review the developer's agreement to assure that all tenus and conditions of the agreement have been fulfilled. Ehlert made a motion to accept Pond View Ridge 5 upon 'the written approval of the City Engineer. The motion was seconded by Loso and passed unanimously by those present. OPEN TO THE PUBliC AI Rassier - Questioned the bills payable listing and how to determine which funds have been expended. Weyrens respOllded that the column on the bills payable listing to the far right indicates which fund has been expended with the column in front of the item the department that has been expensed. I Leo Buettner - Reauest to Defer 2000 and Assessments: The Council received a request tram Leo Buettner to defer his assessments for the developmeut of the Buettner Business Park Plat at least one year or until a major portion of his property is sold. His letter stated that since nothing has been sold so far, he has had to borrow money to pay the assessments and cannot continue to do this in the following years. Loso stated that it is his understanding that the revenue source obtained through assessments is needed to make the bond payments for the 1999 Improvements; and he has 'a hard time justifying deferral of the assessments. Weyrens responded that the City does rely on the assessments to pay the debt. The amount Buettner is requesting is approximately $ 50,000 for the current year. While it is not unusual forthe City to have a negative fund balance the long term implications will need to be reviewed as the interest from the assessments is also a revel)µe source for the bond fund. In addition, Weyrens stated the City has had to levy the funds to pay the loan the City secured for the improvements which has an annual payment of approximately $ 29,000 per year. The Council will also need to be cautious of the precedence it will be setting if the Council defers payment of assessments. ! Ehlert questioned if the Council could table this matter to November 2, 2000 when the full Council will be preseut. Weyrens stated that is up to the Council. Loso stated that he does not feel the Council should table this matter as he is ready to make a decision at this meeting. Niedenfuer concurred with ~osQ :µtd ~~II t4i!+ sHII tQP' is concerned with the precedence that ' could be set and what impact such reliefwould'have on the residential property owner. I Ehlert questioned if ED A Director Chad Carlson has reviewed this request, ,Weyrens stated that she did discuss this matter with Carlson and he too questioned the reE Uest. Buettner did sign a developer's agreement which indicated the term and amount of the assessments. Ehlert questioned if part of the assessments can be deferred to which Weyrens responded that she could research that issue. Loso made a motion.wdeny the request of Leo Buettner to defer the special assessments on his property at least one year or until a major portion ofthe land has been sold...TJte'motion was seconded by Niedenfuer. Ayes: Loso, Niedenfuer Page 3803 October 19, 2000 Nays: Ehlert Motion passed 2:1:0 1 Minutes: Ehlert made a motion to approve the minutes of the October 5, 2000 Council meeting as presented; seconded by Loso and passed unanimously by those present. Ehlert questioned the status of the preliminary plat Pond View Ridge Phase Six and the proposed variance to the lots with Wetland issues. Weyrens stated that the Wetland Ordinance is relatively new and it was detennined that a public hearing would be necessary to allow the lesser setback ftom the wetland areas. However, since that time the developer has agreed to wait to request the variance until they present the City with a final plat for that section. Council Salarv Increase Proposal: Loso stated that he would like to see th,~ Council increase the wages of the City Council and Mayor as it has been a long time since they have been increased. Therefore, Loso made a motion to increase the salary of the City Coundl and Mayor $ 150.00 each per month. The Council salary after the election would tben be $ 300 per month with the Mayor being compensated $ 450.00 per month. The proposal leaves the meeting fee at $ 20.00 per month. The motion was seeonded by Ehlert:. Ehlert questioned if this matter could be tabled until the full Council is present. Loso stated that the Council increase must be set before the election and cannot take effect until after the election. Therefore, the decision needs to be made at this meeting. Ehlert discussed the request of the various boards to receive an increase in pay and if the meeting fee could be increased. The current practice has been to not pay boards and commissions more than City Council members. I Weyrens stated that while the Council and Mayor deserve a raise, these type if issues need to be presented during the budget process which began in August At this time the City has certified a preliminary budget to the Steams County Auditor and the Council will need to determine where the proposed increase will come ftom. Ehlert took exception to the comments by Weyrens and stated that the budget has not yet been set, nor does the Council receive a three (3) percent increase each year. Weyrens concurred with Ehlert and stated that she is not disputing the raise but suggests that in the future these issues be included in the budget process. Loso concurred with Ehlert and stated that the Council has discussed increasing their wages. Niedenfuer stated she appreciates the ccmments ofWeyrens and agrees the matter should have been discussed during the budget planning process. Ehlert quèstioned Weyrens if she is suggesting that a department budget will be cut due to the proposed salary increase for the City Council. Weyrens stated yes, as the preliminary budget has been set and there currently is a revenue shortfall. Once the preliminary budget is certified the Council cannot increase the budget. Police Chief Gary Will approàched ffiè Council ànd'Stated that he too concurs that the Council and Mayor deserve a pay incrêaSe åtld \V eyrens is otlly pointing out that the City has a budget process and we need to include these types of disctJssion during such. Ehlert stated the increase would come out of the $ 44,000. Loso again stated that it has been many years since the Council has increased the wages of the Council and it needs to be addressed at this meeting. Further, the Council has not approved the final budget and will be reviewing the budget on November 8, 2000. Weyrens suggested the Council establish the wages at the level they are seeking and during the budget process the Council could waive a portioo of the increase for 2001. Therefore, Ehlert made a motion to amend the original motion t",ahrt increase the meeting fee to $ 30.00 for I I I I Page 3804 October 19, 2000 further discussion during the budget meeting. The amendment was seconded by Loso and passed unanimously. Vote Call on amended motion: Ayes: Loso, Ehlert Nays: Niedenfuer Motion Cllrried 2:1:0 COUNCIL REPORTS Ehlert Park Board: Ehlert reported the Park Board is in the process ofphmning a Family Fun day and he will provide additional information as it is available. Niedenfuer questioned if the Park Board has or is looking at a BMX Course. Ehlert stated the Park Board did have that matter as an agenda item and will be discussing the matter in the upcoming months. The Park Board will be presenting Concrete Plus (Kurt Schneider) and Granite City Ready Mix with an award of appreciation for their donation to the construction of the skateboard rink. Niedenfaer Town Meeting: Niedenfuer reported the Town Meeting held on October II, 2000 was a success with approximately 60 residents participating. The HCP Committee circulated a survey questioning what type of services/activities the community would like to see in St: Joseph. The top five responses are as follows: I) Community Center; 2) TrailslPark NetworJç 3) Fanners Market; 4) Recreation Center; 5) Library. At the end of the Town Meeting residents were asked to commit to working on one of the five items identified. The HCP Committee will coordinate the different committees. Candidate Forum: The HCP will be conducting a candidate forum on October 30, 2000' from 7:00 p.m. to 9:00 p.m. The forum will include prepared questions as well questions from the audience and phone questions. CORE: The CORE Committee met on October 25 and are working on proactive enforcement, such as encouraging students to contact the Police Department when hosting a party. MISCELLANEOUS AND ANNOUNCEMENT ITEMS Bar Violations: Loso recommended the Council table any action on the bar violations as reported by the Police Chief until the full the Council is present. The Council concurred. Adiourn: Loso made a motion to adjourn at 8:17 p.m.; seconded by Ehlert and passed unanimously by those present. Judy Weyrens Deputy Clerk