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HomeMy WebLinkAbout2001 [11] Nov 01 I I I November I, 200 I Page I 0~8 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 1, 2001 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier. Administrator/Clerk Judy Weyrens. Others Present: City Engineer Joe Bettendorf, Pete Jansky, Joel Klein, Ken Twit, Sara Miller. , Approve Aqenda: Loso made a motion to approve the agenda with the deletion of item 3 (a) Bills Payable; seconded by Ehlert and passed unanimously. I Consent Aqenda: Ehlert made a motion to approve the consent agenda with the removal o~ item (e) IRS Section 125 Employee Flex Plan; seconded by Loso and passed unanimously.i I I I , a. b. Removed Approval of the following minutes: August 29 and July 25,2001 Authorize the Mayor to execute application for payment #2 to Larson Excavating in the amount of $ 100,054.16. Declare the 1978 Ford L8000 Dump Truck surplus, authorizing publication of such accepting sealed bids for the re-sa/e of the truck with the bid opening on November 15,2001. Removed Authorize the Mayor to execute final application for payment to S. J. Louis Construction in the amount of $ 3,239.88 and to release the escrow account for the St. Joseph Business Park Improvement. c. d. e. f. I Public Comments Part Time Police Officer: Police Chief Pete Jansky introduced Joel Klein a$ a new part time officer for the City of St. Joseph. Klein has previously worked for the City of Albany and Cold Spring. While working part time for St. Joseph Klein will also work part time for Avon and Albany. Ken Twit - Alcohol Matrix: Ken Twit stated that he would like to comment on the agenda item concerning the Alcohol Matrix. He questioned why the Council is reviewing this matter tonight and public input wiil be allowed during the discussion or if may comment at this time. I Twit stated it is his understanding that the issue is before the Council as a result of a recent violation and there is question as to what constitutes an incident for purpose of imposing fines. The Council agreed they would allow input from the public during that agenda item. Delinquent Utility Bill Hearinq: Mayor Hosch opened the delinquent utility bill hearing at 7:10 PM. No one present wished to contest a utility bill, therefore the hearing was closed at 7:11 PM. St. Joseph Fire Relief Report: Steve Johnson appeared before the Council to present the annual Fire Relief Report. The Fire Relief is a pension program for the fire fighters which is managed by the Fire Relief Association. The past two years the City has contributed $ 3,000.00. Prior to that, the annual benefit per fire fighter was increased to create a deficit requiring the City to contribute an amount based on the deficit. The Relief Association is not requesting to increase the annuai benefit at this time. The deficit at this time is a result of the economy and lower investment rates. The Fire Board will be considering a contribution for 2002 in the amount of $ 12,364.00. I Schneider stepped down from his chair. Alcohol Matrix: Recently one of the liquor license establishments had two patrons of minor age cited for consuming alcohol. The City Office sent the license hold a biil for $ 300 for the violation as indicated on the alcohol matrix, ($ 150 per incident). November 1,2001 Page 2 of8 Since that time the question has arisen as to what constitutes an incident; each individual or each night. Ehlert stated that he views the violation as one incident, resulting in a $ 150.00 fine. Twit stated that if each individual is not charged there is not incentive for the bartenders to continue carding patrons as they have already been fined. Ehlert concurred that potentially a bartender could make a decision that since the fine will only be $ 150 they will risk the fine. Twit stated it is his understanding that the Police Department writes a separate ICR for each ticket. Therefore, they view this a two incidents. I Loso stated that after reviewing the matrix he concurs with Twit, and that each individual cited is considered an incident. Rassier stated that he attended some of the committee meetings when the matrix was formed. When the Council reviewed the matrix, significant changes were made and that is what the Council must enforce. Rassier stated the matrix should be enforced as follows: the first individual cited should be charged as the first incident; a second individual cited on the same night would be a second incident. Under this scenario the fine for the current violation would be $ 450.00. Hosch stated that it is his opinion that each bar check should constitute one incident and not each individual cited. Recently the Council considered a cigarette license violation where the owner provided all the training and the employee made a bad choice to sell to a minor. If an employee in a liquor establishment makes a bad choice and allows multiple minors in the bar, it could potentially shut down an establishment. Ehlert made a motion to change the violation at Loso's Mainstreet Pub as one incident, billing the license holder $ 150.00. The motion was seconded by Rassier. Ayes: Hosch, Ehlert, Rassier Nays: Loso Motion Carried 3:1:0 Ehlert stated the Council needs to clarify the definition of an incident and stated it is his opinion that an incident should coincide with bar checks. If the police checked the same bar two different times and each time a minor was cited that would be treated as two incidents. If a bar check involves more than one officer, the citations written in total would constitute one incident. I Loso stated that the license holder is responsible for the actions of the employees, and if minors are allowed in the establishment he/she is responsible. Therefore, if an employee allows multiple minors in the establishment the license holder should be fined. Ehlert stated that he feels the Council still has discretion and if multiple minors are cited the Council can act on the matter separately. Loso reminded the Council of the purpose of the matrix, which was to establish a penalty system whereby a license holder need only appear before the Council after multiple infractions. Rassier concurred with Loso and suggested that language be included in the matrix system that only a gross violation on the first or seconded incident would be forwarded to the City Council for action. Ehlert stated that he agrees with adding language for gross violations. Further, Ehlert stated that he believes the Council needs to update Ordinances and policies as questions arise and sees this issues the same way. While he does not agree to major changes in the matrix system, clarity on the definition of an incident needs to be added. Twit suggested that if one incident is considered a bar check, an incident should be limited to a spe-cific number of citations. While Ehlert concurred with Twit, he re-iterated that he does not want to make significant changes to the matrix, but will consider this option if a problem arises. The Council requested that Weyrens contact the City Attomey and prepare an addendum to the matrix system defining an incident as a bar check and adding language for gross violations. Schneider resumed his chair. I I I , I November 1,2001 Page 3 of8 I City Engineer Reports 2001 Street Improvement Colleqe Avenue North: Bettendorf presented the Council with the feasibility report for the proposed improvement of College Avenue North between Minnesota Street and Ash Street. Stearns County will be including the one block portion of College Avenue with the County Road 121 project as College Avenue is a County State Aid Road. The project will consist of the following: removing all the existing pavement and sidewalk, constructing a new street section, new concrete curb and gutter, and new sidewalk. In addition to the street work, the project includes replacing the existing 6-inch water main with a new 8-inch water main and replacing the existing water service lines. Loso questioned the need to replace the water lines. Bettendorf responded the water main in College Avenue is old and has served its useful life. It is similar to purchasing a car, eventually it needs to be replaced. Further, Bettendorf responded the property owners are assessed for 60 percent of the cost, the same as the street policy. Ehlert stated that Council in the past has questioned how long the City can continue to pay 40% of the improvements. I Ehlert questioned at what point the City needs to begin planning the street beautification of College Avenue North. Bettendorf responded that the City needs to decide within the next 30 days if the beautification project will be expanded. Ehlert stated that he would be willing to gather a task force to look at the project. The task force will include Ehlert, Bettendorf, the St. Joseph Chamber and other interested service groups. Annexation of Island Areas: Bettendorf reported that he has finished reviewing Township properties that are surrounded by the City and whether or not water and sewer services are available to those properties. There are five areas involved and are detailed as follows: Area #1 - Property located on 95'h Avenue between Baker Street East and Dale Street. This area can be served easily by extending the City's existing sanitary sewer and water main. The assessments would be reasonable because most of the area has proposed annexed property on both sides of the street. Area #2 - Property located north of CR 75 adjacent to 1st Avenue ME and abutting the Northland Addition. This area can be served easily by extending the City's existing sanitary sewer and water main. However, assessments would probably be higher than normal because the majority of the area only has proposed annexed property on one side of the street. I Area #3 - Property located on County Road 2 between Elm Street and the Railroad Tracks. The area can be served by extending the City's existing sanitary sewer and water main. However, the street assessment would be high due to the 9-ton roadway design. It is not recommended to try to install utilities along the boulevard on either side of the road. There is not adequate space on the west side of the street due to the wide street width and trees in the right-of-way. The east side of the street would not be feasible either because the houses are on the west side of the road and the utility services would need to be jacked or directional bored across the street to the west side. With the shallow sanitary sewer inverts, jackinglboring would not be an option. This area would be served if the utilities were installed when the road is due to be reconstructed. Also, the assessments would be high because the proposed annexed property is only on one side of the street. November I, 2001 Page 4 of8 Area #4 - Property located north of CR 75 adjacent to 1st Avenue NWabutting the rai/road tracks. This area could physically be served by extending the City's existing sanitary sewer and water main. However, it is not feasible from a cost standpoint, as the assessment would be extremely high for only one property to pay because of the long distance to the existing sanitary sewer and water main. Another option for this property for utility access could come when the old Lyman Hull property is developed and utilities are extended, I Area #5 - Property located north of CR 75 and west of CR 2 abutting the railroad tracks. This property could be physically served by gravity but it would be expensive. The gravity line to the north from the Treatment Plant could be installed with a larger diameter pipe when the area north of the current city boundary, including St. Wendel, is developed. An alternative would be to install a lift station for short term use if the cost could be bome by the development. Weyrens clarified that this issue was raised at a Department Head meeting as when property is totally surrounded, some City benefits occur without paying City taxes. One example is snow plowing. John Scherer had proposed a policy where islands created thmugh annexation would automatically be annexed within a two year period. Bettendorf stated the best way to handle the island annexations at this time is to annex them when adjacent improvements have been ordered; thereby reducing the assessment costs. The proposed development behind Kennedy School is scheduled for utility construction in 2002. It would be prudent to annex the property in Area #1 at the same time. Rassier made a motion to notify the residents in Area #1 that they will be annexed to the City in 2002 and receive water and sewer services when the adjacent property is developed. The motion was seconded by Schneider and passed unanimously. I 2002 Proposed Street Improvement: Bettendorf presented the Council with the feasibility report for the proposed street improvement for 2002. The project will include reconstruction, overlay, and/or utility replacement for the following streets and alleys: Second Avenue NW First Avenue NW Second Avenue NE Birch Street W. Ash Street W Ash Street E Alley Block 8 Alley Block 9 Alley Block 11 Alley Block 12 Alley Block 13 Alley Block 2; Loso's 5th Addn Alley Block 3; Loso's 5th Addn Minnesota Street W to CSAH 75 Minnesota Street W to CSAH 75 Ash Street E to Alley north Second Avenue NW to College Avenue N Second Avenue NW to College Avenue N College Avenue N to Third Avenue NE North and West legs West leg North and East legs North, South, East and West Legs North, South, East and West Legs South, East and West Legs East and West legs Bettendorf stated that construction is scheduled for the summer of 2002. Special assessments are proposed for street reconstruction, concrete curb and gutter, and underground utilities. The proposed roads are those that were identified earlier this by the Council. The project break down is as follows: Street Reconstruction: Street Overlay Alley Reconstruction $ 645,877 68,145 21,252 I I I I November 1,2001 Page 5 of8 I Curb & Gutter Storm Sewer Sanitary Sewer Water Main Total 99,470 155,232 280,175 336,693 $ 1,761,953 $ 949,986 362,625 394,271 The funding for the project is as follows: Assessments Enterprise Funds MSA Funds Other City Funds 55,071 Loso questioned why residential areas were being assessed for construction of a commercial street. He further stated that in his opinion the assessments are not practical for most of the residents. Bettendorf stated that there are many issues that need to be discussed before the project is ordered. I The Council discussed the proposed public improvement hearing scheduled for November 15. While the notice has been published, individual property owners have not been notified. The hearing could be canceled, givíng the Council additional time to review the information. Hosch stated that it is his understanding the purpose of the public hearing is to accept input. A decision can be made after the hearing. Bettendorf stated that it is important for the Council to have a clear understanding of the scope of the project before conducting the public hearing. The project can always be changed after the hearing. I Ehlert stated that while the project may seem aggressive, the bonding rates are at a market low and it may be the best time to bond for the projects. Regardless of when the City orders the improvements, bonding will be required. Currently the City may have the opportunity to bond at a low rate, keeping the annual payments to a minimum. Ehlert questioned if the City bonds for the improvements, what is the time frame for using the funds. If it is three years, the City could begin I long range planning for the project. . Hosch stated that he would like the City to establish a plan for the improvements, broken down by I year and amount and then proceed. Loso stated the Council did complete that process, but the I interior street improvements were put on hold for other projects. Therefore, Loso stated the City I needs to repair the roads at this time. I The Council agreed to cancel the public hearing scheduled for November 15, 2001 and schedule a special Council meeting for November 8, 2001 at 6:00 PM to discuss the proposed 2002 Street Improvement. Capital Improvement Plan: Hosch stated that he requested the item be placed on the agenda for continued discussion and update. Bettendorf presented the Council with the Capital I Improvement Plan. Items of discussion included: I I I Sanitary Sewer Extension: The sewer line that extends past 1st Avenue NW will need to be enlarged to handle additional growth along County Road 121. The Council questioned whether or not the developers could pay the additional cost as this improvement is needed for future development. Bettendorf stated that some of the piping' needs to be replaced as it .is copper pipe with many services lines. Each of the connections could be wearing the system. The pipes currently in the ground are over 40 years old. I Lift Station: Bettendorf reported that he is working on acquiring the additional right-of- way that is needed for the expansion of the Baker Street Lift Station. Bettendorf will also November 1,2001 Page 6 of8 research the need for purchasing a generator for this lift station and report back to the Council. I Sewer Capacity Study: Bettendorf reported that the study will be connected to providing services to the St. Wendel area. At this time there is no information to report. Park Expansion: The property the City was considering near Klinefelter Park has been purchased and will be developed into housing units. Therefore, this item can be removed from the Capital Improvement list. Maintenance Facility and Wobegon Trail: Both these items are b1eing worked on by sub committees of the Council. Recess: Hosch made a motion to recess for five minutes, seconded by Ehlert and passed unanimously. Mayor Reports School District Meetinq: Hosch reported that he and Councilor Ehlert will be meeting with Dr. Lee of District 742 to discuss the future growth of St. Joseph and the possibility of constructing a high school in St. Joseph. Councilor Reports LOSO I Winter Parkinq Restrictions: Loso requested that the Council discuss the winter parking restrictions at the next Council meeting. It is his opinion that our policy is outdated and needs to be changed. He suggested that different parts of town could have different restrictions. For example, the downtown area could be posted with no parking over night and the residential areas could be posted with no parking only if two or more inches of snow is received. Schneider requested that the Council also consider posting the downtown area with two hour parking limitations. The Council agreed to discuss the winter parking restrictions at the next meeting focusing on the time limits and the fines imposed for parking during the prohibited time. RASSIER No report EHLERT Maintenance Facility: Ehlert stated that he contacted three contractors regarding the proposed maintenance facility and whether or not it could be constructed this year. Due to the heavy equipment that would be stored in the building, the concrete would have to cure completely, needing a minimum outdoor temperature of 50 degrees. Therefore, Ehlert stated that he and Loso wiil meet with the Public Works Director over the winter months to design the Maintenance Facility and bring the information back to the Council. Indian Hills Plat: Ehlert questioned the status of the Indian Hills Develop,er's Agreement and the provision contained within for the construction of an east I west corridor. Weyrens reported that the Developer's Agreement has been executed and the City has one year to exercise an option to construct and east/west corridor and an additional year to build the road. Further, the Agreement I November I, 2001 Page 7 of8 I I states that the property owner will not bear the cost of the road unless the road is used for the development. Therefore, if the road is constructed, the cost will most likely be born by the City. Wobeqon Trail: Ehlert reported that he, Councilor Ehlert and Chamber President Tom Skahen appeared before the State Senate Bonding Committee requesting funding assistance for a welcoming center. The Wobegon Committee has requested a $125,000 matching grant. The project is ranked in the top of the bonding bill. The Wobegon Committee has recentiy meet with a developer looking to secure property for the center. After considerable discussion, it was I' determined the best location for the welcoming center is on the property owned by the City near the Water Tower. The Committee will be forwarding information to the City Council regarding the proposed center. I Weyrens stated that she has been contacted by the Stearns County Park Department who is in the process of writing the matching grant. If the City wishes to proceed further, a resolution must be passed by the City Council assuring the State that if awarded the grant, the City would match the funds. Schneider stated that the funds can be raised privately and the City has already received a commitment of $ 1000 per month from the Jaycees. Loso made a motion supporting the Wobegon Welcoming Center and pledging to match any funds awarded by the acquisition of land and construction of the Wobegon Trail Welcoming Center. The motion was seconded by Ehlert and passed unanimously. SCHNEIDER I Historical Societv: The St. Joseph Historical Society recently met and established by-laws for their society. The information will be forwarded to the City Council. The Historical Society will always meet on the 4'h Wednesday of each month. Park Board: The Park Board will be meet on November 19 and plans to present the public with the Park Board accomplishments for the year 2001. Administrator / Clerk Reports Copv Machine: Weyrens reported the copy machine in the City Offices is failing and needs to be replaced. Money has been budgeted for the past four years for replacement and more information will be presented at the next Council meeting. I Surplus Car: Weyrens questioned the status of the surplus squad car that was recently advertised for public sale. Loso stated that he had the opportunity to review the car and feels that car is in good shape and can be used by the City. Ehlert stated that the City has invested I considerable resources in the car and it should be utilized by the departments of the City. Hosch· and Schneider questioned the need to keep the car and how much money will need to be . invested in the car to keep it operational. Rassier stated that car in question could be used to keep the mileage down on the new squad cars. For example, if an officer needs to run to the courthouse, the old car could be used. Ehlert stated that the vehicle may also be of use to the maintenance department. Therefore, the Council requested Weyrens to send a memo to all departments requesting that they make use of the 94 Ford when running errands or going to St. Cloud. Hosch and Schneider stated that if the City is to continue using the vehicle the decals need to be removed. The Council agreed by consensus. í Assessment Policv: Weyrens reported that she has been approached by the developer purchasing a portion of the Indian Hills Plat and requested to roll forward the assessments. In the' past the City has required that all assessments are paid upon property transfer. Ehlert stated that' the requirement to pay the assessments in full when developing a lot could be a detriment for I commercial or industrial development. He encouraged the City to establish a policy similar to the I November 1,2001 Page 8 of8 TIF report card that would allow the assessments to be rolled forward if that is the breaking point between doing the project or not. Weyrens will research this matter and bring a proposal back to the Council for review consideration. Ehlert made a motion to continue the past practice and policy of the City to collect assessments at the time of property transfer until a time when the Council reviews alternativés. The motion was seconded by Rassier and passed unanimously. I Adiourn: Loso made a motion to adjourn at 10:00 PM; seconded by Schneider and passed unanimously. (#:i!!~ I I