HomeMy WebLinkAbout2001 [12] Dec 06
I
December 6, 2001
Page 1 of 6'
,
,
I
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular
session on Thursday, December 6, 2001 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor Larry Hosch, Councilors AI Rassier, Bob Loso, Kyle Schneider, Cory
Ehlert. AdministratorlClerk Judy Weyrens.
Citv Representatives Present: ,Fire Chief Dave Theisen, /city Engineer Joe Bettendorf.
Others Present: Randy Matthews, Joel Starke, Bryan Talbot, Luke Kerfeld, Chad Helmen, Rick
Talbot, Dave Theisen, Joe Bettendorf.
Approve Aqenda: Rassier made a motion to approve the agenda with the following
changes:
DELETIONS: 3(a) Bills Payable; 3 (b) Minutes (tabled to 12-13-01); 8(b) Police
Chief Report.
TIME CHANGE: Item 6 . Noise Violation was rescheduled to 8:00 PM and item 7
City Engineer Report rescheduled for 7:20 PM.
The motion was seconded by Schneider and passed unanimously.
Consent Aqenda: Ehlert made a motion to approve the consent agenda with the omission
items 3 (a) and 3(b); seconded by Schneider and passed unanimously.
I
a.
b.
c.
Removed.
Removed.
Authorize Mayor to execute application for payment#3 to Larson Excavating in
the amount of $154,335.12.
Authorize Administrator/Clerk to certify the 2002 budget to the State Auditor's
Office in the amount of $1,368, 123.
Accept application for lawful gambling license for St. Joseph Lions for an event to
be held on January 25, 2002 at the La Playette.
d.
e.
FIRE CHIEF REPORT
St. Joseph Community Fire Hall Rental Fee: Fire Chief Theisen appeared before the Council to
present the request of the Fire Board to charge a fee for use of the St. Joseph Community Fire
Hall to all persons not representing a civic or non-profit organization. The proposal is for all profit
enterprises and events not sponsored by a non-profit agency or civic group to be assigned a fee.
Weyrens stated the rental fees collected would help offset some of the cost of maintenance and
supplies for the Fire Hall. Weyrens stated that since the Community Fire Hall is jointly owned by
the Township of St. Joseph, the St. Joseph Township Board must review this request.
Hosch stated that is was his understanding that the referendum passed to finance the building
included the provisions that residents would be allowed to use the community room. As residents
they are already paying taxes to support the building. Theisen clarified that while the residents
were told the facility could be used for private parties, it was not stated their would be no charge
for such use.
I
Rassier stated that the use of the community room should be considered the same as a City park.
While taxpayers support the maintenance of the park, a fee is charged for the rental of such.
Rassier stated he supports the charging of a $ 25.00 fee for the use of the community room.
December 6, 2001
Page 2 of 6
Ehlert stated that he has some reservations charging for the use of the community room as he
too was of the understanding that residents would be allowed to use the facility. Theisen stated
that the Fire Board is responsible for providing the supplies and maintenance for the facility and
the Fire Board unanimously recommended that a fee be established for thle use of the community
room.
I
After considerable discussion Loso made a motion to deny the request to charge a fee for
use of the St. Joseph Community Fire Hall; seconded by Schneider.
Ayes: Hosch, Loso, Ehlert, Schneider
Nays: Rassier
Motion Gamed 4:1:0
Ehlert agreed to attend the St. Joseph Township Board meeting to discuss this matter
jointly and report back to the City Council.
Semi Annual Fire Report: Loso made a motion to approve the expenditure of funds for
expenses incurred by the Fire Department in the amount of $16,365 for the period of June
1, 2001 through November 30, 2001; seconded by Schneider and passed unanimously.
Discussion: Ehlert asked for clarification of these expenses. Theisen stated that the
total wages of the Department is $36,000, which averages out to $1200 per firefighter
annually.
CITY ENGINEER REPORT
2002 Proposed Street Proiect: Weyrens summarized issueslconcems that need to be resolved
regarding the proposed 2002 Street Improvement Project.
1) Street Assessments - Residential rates versus Commercial rates.
2) Paving of alleys
3) Replacement of water and sewer lines
4) Participation by Steams County in funding improvements to 2"" Ave NW
5) Funding the proposed project through the general fund as opposed to assessing the
adjoining property owners
I
Loso stated it is his opinion that the primary use of alley's are for commercial ventures and
therefore should be improved as a City cost not a resident assessment. Ehlert questioned the
need to improve alleys at this time, and believes the money could be best spent elsewhere.
Loso made a motion that alleys be omitted from the 2002 Street Project; seconded by
Rassier.
Discussion: Hosch wants to receive additional public input before reaching a final
decision on which alleys need improvement. Loso stated that those in favor of alley
improvements should petition for the improvement.
Ayes: Loso, Rassier
Nays: Hosch, Ehlert,.Schneider
Motion Failed 2:3:0
Hosch motioned that a questionnaire be sent to property owners, (with property abutting
alleys), to inquire if they are in favor of improving the alley. Returned questionnaires in
the affirmative would not obligate the property owner, but rather provide additional public
input to aid the Council in the decision making process. Assessments for said
improvements would be calculated based on the footage of the long side. Once the
questionnaires are returned the cost of the improvement will be prepared and presented to
the property owners for review. The motion was seconded by Ehll~rt.
Discussion: Loso asked why we are seeking additional public input on this issue. Hosch
and Ehlert expressed concern that only 27% of the affected property owners attended the
I
December 6, 2001
Page 3 of6
I
public hearing. Therefore, they would like a non-binding response from a greater number
of these property owners before rendering a decision.
Ayes: Hosch, Ehlert, Rassier, Schneider
Nays: Loso
Motion Carried 4:1:0
Motion by Ehlert to revise the preliminary assessment role, assessing residential property
owners who abut a commercially built street at a residential rate and commercial
properties at a commercial rate. The difference in rates wifl be levied as a City cost. The
motion was seconded by Rassier and passed unanimously.
Discussion: There was discussion to assess property based on homestead status,
assessing homesteaded property at the residential rate and non-homesteaded property
at the commercial rate.
Replacement of Water and Sewer Services: Bettendorf presented the Council with information
regarding the need to replace water and sewer lines that are in the project area. Bettendorf
stated that many of the pipes in the original townsite have served their useful life. Therefore,·
when the feasibility report was completed replacement of existing utility lines have been included.
Rassier made a motion authorizing the Director of Public Works and City Engineer to
determine which water and sewer lines are in need of repair or replacement. Motion fails
due to lack of a second.
Ehlert stated that at this time the Council was not seeking further recommendations, as the
information already submitted was adequate. Hosch concurred and indicated that there was no
need to entertain a motion on this matter.
I
Hosch commented on the heavy truck and bus traffic on 2'· Avenue NW. Discussion followed
regarding the method used for calculation of cost sharing such improvements in the past.
Rassier stated he is not supportive of changing the existing assessment formula and encouraged
the Council to continue assessing properties on the current formula of sixty (60) percent resident
cost and forty (40) percent city cost.
Noise Violations: Loso made a motion to acknowledge that on November 19, 2002 a noise
violation did occur at 314 Old Highway 52. The motion was seconded by Schneider and
passed unanimously.
Randy Matthews, manager of River Properties, spoke on behalf of property owner Robert
McManus. Matthews stated that River Properties takes all noise violations seriously. At the time
each lease is signed the tenants are notified of the City Ordinances and the associated fines.
Matthews stated that in reviewing the police report he concurs that the tenants are guilty of
violating the City Ordinance and requested leniency of the Council.
Joel Stakey, representing the tenants addressed the Council. He apologized for the incident, and
stated that they (the tenants) did cooperate fully with the Police Department when they were
notified of the complaint. Sergeant Young confirmed that the party dispersed after he spoke with
the tenants. Rassier noted that there were two kegs found in the apartment, which is in violation
of another City Ordinance. Hosch expressed concern over the number of prior complaints
regarding this property, and because of this history he feels sanctions should be imposed on the
property owner.
I
Ehlert made a motion to impose fine in the amount of $150 to cover administrative costs
and an additional $500 fine for violation of the Keg and Noise Ordinances. Loso amended
the motion extending the payment period until May 1, 2002; seconded by Rassier.
Ayes: Hosch, Loso, Ehlert, Rassier !
Nays: Schneider Motion Carried 4:1:0
December 6, 2001
Page 4 of6
PUBLIC WORKS DIRECTOR REPORT
I
Sidewalk Snow Removal: Taufen reported that he has temporarily suspended snow removal
from the sidewalk on Minnesota Street and College Avenue. While removing the snow from the
sidewalk, some of the residents have not been cooperative and abusive. Taufen questioned the
Council if the sidewalks need to be maintained or if they would consider closing them for the
winter.
Ehlert responded that the sidewalks have been installed for public safety and they should be
enjoyed all year. Ehlert further stated that the City made a commitment to the residents that the
sidewalk would be maintained by the City, but would not be a priority. Rassier concurred with
Ehlert and stated that he would encourage the sidewalks to remain open to prevent residents
from walking in the streets. The Council was in agreement to keep the sidewalks open all year
and remove snow as the Maintenance staffs schedule permits.
Hosch commended the Maintenance staff for the snow removal efforts. Taufen reported that the
early snow fall was difficult to remove and temporary help was hired to assist with the snow
removal. The Council briefly discussed the need to purchase a snow auger to assist with the
removal of snow.
MAYOR REPORT
Meetinqs Attended: Hosch attended a meeting of the St. Cloud Area Joint Planning District at
which an additional representative was added. Hosch also appointed Councilor to represent the
City on the Affordable Housing Task Force.
COUNCILOR REPORTS
I
LOSO - No report.
RASSIER
Planninq Commission: Rassier reported that he attended two Planning Commission meetings
and plans to attend an upcoming Transportation Meeting in January.
EHLERT
Affordable Housinq: Ehlert stated that the Affordable Housing Task Force that flew to Maryland is
planning to make a presentation to each City. The presentation will include both positive and
negative comments on the Maryland housing.
Street Beautification: Ehlert stated he recently met with City Engineer Joe Bettendorf regarding
the proposed extension of decorative lighting and paving stone along College Avenue North. The
St. Joseph Chamber of Commerce will be establishing a sub committee to work on this matter.
Recreation Association: Ehlert also reported that the St. Joseph Recreation Association met and
reiterated their support for the hire of a full time Recreation Director.
SCHNEIDER
Park Board Report: Schneider stated the Park Board recently met and presented the
accomplishments for the year 2001. They are as follows:
. Millstream Park: Upgrading campgrounds and the addition of two campsites.
posting signs stating rules for patrons.
I
i
I
I
December 6, 2001
Page 5 of 6
·
Northland Park: Construction of volleyball court and installation or picnic tables
and benches, provision of handicap parking with sidewalks.
Monument Park: Planting of trees, shrubs and flowers
Memorial Park: Installation of a skateboard ramp, new lights with timers and
benches
Centennial Park: Funds designated for upgrading the park shelter have been
budgeted.
I
·
·
·
Historical Society: Schneider reported that the Historical Society has established a regular
meeting schedule of the fourth Wednesday of each month at 7:00 PM in the St. Joseph
Community Fire Hail. Election of officers will be at the December 26, 2001 meeting.
ADMINISTRATOR/CLERK REPORT
Transportation Meetinq: Ajoint meeting of the SI. Joseph City Council and Planning
Commission is scheduled for Tuesday, Monday December 17, 2001 at the St. Joseph City Hall.
The purpose of the meeting is to discuss future transportation needs to include Field Street and
the proposed street in the Northland Addition.
LELS Labor Neqotiations: The City Council will be meeting with LELS on December 18, 2001 at
5:00 PM to continue labor negotiations for the St. Joseph Police Department. The meeting will be
at the St. Joseph City Hall.
Senate Tax Committee: A meeting of the Senate Tax Committee will be held at the St. Cloud
Civic Center on December 13, 2001 from 4:00 to 6:00 PM.
I
Graceview Estates: A meeting with representatives of the College of St. Benedict and the City
has been established to discuss the proposed construction of Field Street. i
Planninq Commission: The Planning Commission will meet in special session on Wednesday,
December 19, 2001 at 7:00 PM to consider a PURD application submitted by Mark Lambert and
a Preliminary Plat for Graceview Estates submitted by Rick Heid and Bob Herges.
Alcohol Matrix: Weyrens presented the Council with a revised alcohol matrix as requested by the
City Council. The revised matrix includes language to define what constitutes a violation and has
been drafted by the City Attorney, John Scherer.
Loso made a motion to accept the revised Alcohol Matrix System as presented; seconded
by Hosch.
Discussion: The Council discussed the number of citations that constitute a violation and
indicated that up to 10 citations should be considered one violation. The proposed
amendment defines one incident if three or less citations/ICR's are issued as the result
of a bar check; two incidents if four to six citationsllCR's are issued; and three incidents if
seven to ten citationsllCR's are issued.
Ayes: None.
Nays: Hosch, Ehlert, Loso, Rassier Abstain: Schneider Motion Carried 0:4:1
Rassier made a motion to amend the Alcohol Matrix System by omitting the following:
I
"if there are three or less citationsllCRs issued as a result of the bar check, two incidents
if 4 to 6 citationsllCRs are issued as a result of the bar check, or three incidents if 7 to 10
citationsflCRs are issued as a result of the bar check."
Ayes: Hosch, Ehlert, Loso, Rassier
Nays: None. Abstain: Schneider
Motion Carried 4:0:1
December 6, 2001
Page 6 of 6
Alcohol Matrix System
Adopted December 21, 2000
Revised - December 6, 2001
Violation 1st 2nd 3"' 4th
Commission of a
Felony related to Revocation NIA NIA N/A
the license.
Sale of alcohol
while license is Revocation N/A NIA NIA
suspended
After hours sale 2 day suspension 4 day suspension 12 day suspension
and $ 250.00 fine. and $ 500.00 fine and $ 750.00 fine. Revocation
Refusal to let police $ 250.00 fine 2 day suspension 4 day suspension
in and $ 500.00 fine and $ 750.00 fine Revocation
SalelPurchase
to/by an underage $ 150.00 $ 300.00 $ 600.00 $ 1,000.00 fine
person or underage and a five day
unlawfully in bar. suspension.
Failure to take steps
to stop persons $ 50.00 $ 100.00 $ 150.00 Continue at
from leaving with $ 150.00
alcohol
Sale to an $ 150.00 $ 300.00 $ 600.00 $ 1,000.00 and
intoxicating person a five day
suspension
For the purpose of this section of the Matrix, each incident that results in the preparation of a citation and/or
an ICR shall be considered to be a separate incident, EXCEPT; if multiple citationsllCR's result from a single
bar check conducted by one or more officers, this matter shall be treated as a sinale incident. If more than
10 citations/ICR's result from a single bar check, the matter shall be brought before the City Council for
consideration of a penalty.
Adiourn: Loso made a motion to adjourn at 9:15; seconded by Rassier and passed
unanimously.
JudyWeyrens
AdministratorlClerk
I
I
I