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HomeMy WebLinkAbout2001 [12] Dec 20 December 20, 200 I' Page 1 of6 i , 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, December 20, 2001 in the St. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Cory Ehlert, Bob Loso, AI Rassier, Kyle Schneider. Administrator/Clerk Judy Weyrens. City Representatives Present: Public Works Director Dick Taufen, City Engineer Joe Bettendorf Others Present: Rosie Taufen, Tom Brannan, Mary Brannan, Tom Borresch, Joe Bechtold, Ann Reischl, Greg Berg, Jerome Salzer, Jodi Teich, Mitch Anderson, Carlole Tamm. Approve Aqenda: Ehlert made a motion to approve the agenda with the deletion of the following: 3 (c) 3.2 Liquor License; 7 (c) Street Addressing. The following items were added: 11 (b) Liability Insurance; 11 (c) Health Insurance; 11 (d) Vacation. The motion was seconded by Loso and passed unanimously. Consent Aqenda: Loso made a motion to approve the consent agenda as follows: a. Approve the bills payable, check numbers 30513 - 30598 b. Authorize Mayor and Clerk to execute amendment to Ordinance No. 51 and publish. The amendment requires Mechanical and Plumbing Codes. The motion was seconded by Ehlert and passed unanimously. Public Comments to the Agenda I Tim Borresch. Noise Violation Policies: Tim Borresch appeared before the Council to discuss the' recent Council decision regarding a noise violation at 314 Old Highway 52. Borresch stated that he had the opportunity to review the noise violation history for the property located at 314 Old Highway 52 and in his opinion the history was similar to the history for the property he manages at 121Ash Street East. However, Borresch stated that the penalties issued by the Council were not consistent. The property he manages lost their license for one year and were fined $ 1,000 whereas the property located at 314 Old Highway 52 was fined $ 500 and were given 6 months to pay the fine. Borresch further stated that the property located on Old Highway 52 contains two rental units and should be treated as one address for the purpose of noise violations. This being the case, the property located at Old Highway 52 has more violations than the property located at 121 Ash Street East. However, the penalty imposed to the property owners at Old Highway did not reflect the past history. Hosch clarified that even though a property contains multiple units, for the purpose of imposing sanctions for noise violations, each unit is treated separately. Loso stated that each noise violation is handled separately and the disturbance level plays a role in the fine imposed. Borresch requested the Council review the sanctions imposed on past noise violations and respond as to why different fines were imposed. The Council agreed to review this matter. 1 Fire Hall Charqes: Hosch stated that at the last Council meeting the Council agreed to charge profit groups only for the use of the Fire Hall. Residents using the Fire Hall for family gatherings and non-profit groups conducting monthly meetings would be allowed to use the Fire Hall at no charge. Any other group using the facility would be charged a $ 50.00 rental fee. Township Supervisor Joe Bechtold stated that the Township Board also discussed the rental fee for the Fire Hall. When the Fire Hall was proposed to the public, they were told that a meeting room would be made available for groups to use. At that time it was never discussed that the December 20, 2001 Page 2 of6 room would be free. Further, the Fire Board did not know that the building would be used as frequently as it is. Therefore, just for maintenance purposes a fee should be charged to help replace items such as paper goods, carpeting and equipment. The Township Board was in agreement that $ 50.00 was a reasonable amount to charge for the space., Bechtold also expressed frustration that the Fire Board reviewed the matter and recommended the City and Township charge a $ 50.00 rental fee and the City did not accept the recommendation. Bechtold stated that he has concems that the City and Township are not working together on mutual matters. If the Council was not in agreement with the Fire Board, the matter should have been referred back to the Fire Board for reconsideration. 1 Ehlert stated that he has reservations charging for the Fire Hall because the City made a commitment to the residents when the Fire Hall was built that the building would be available for meetings and gatherings. If a fee must be charged it should be proportionate to the expenses incurred. Ehlert concurred that the Fire Hall was not meant for people to use as a showroom for profit making ventures. Rassier stated that he too feels that a fee needs to be charged for the use of the Fire Hall, excluding non-profit groups. He concurred with Ehlert that the fee should be reflective of the actual costs incurred. Hosch stated that too concurs that a fee should be charged and feels that a $ 20.00 rental fee may be more appropriate. Loso made a motion to charge a $ 50.00 rental fee for all local non-profit groups using the Fire Hall for meetings. The "motion died to a lack of a second. Rassier made a motion to charge a $ 25.00 rental fee for all non-profiit groups using the Fire Hall for meetings and $ 100.00 for residents using the Fire Hall f,or profit ventures. The motion was seconded by Ehlert and passed unanimously. Discussion: The fee will be reviewed annually by the Fire Board at the November meeting with a recommendation to the City Council and Township Board. I Joint Citv Township Meetinq: Bechtold requested the Council establish a date to meet with the Township Board and Planning Commission to discuss matters of mutual concem. The Joint Annexation Agreement requires the City review the plan every three years. The Council agreed to meet with the Township on Tuesday, January 8,2002 at 7:00 PM at the St. Joseph Township Hall. County Road 121 Reconstruction: Assistant County Engineer Jodi Teich presented the City Council with the proposed reconstruction plans for County Road 121 (College Avenue South). The plan includes a continuous center tum lane to 295'" Street and a bypass lane at Jade Road. Since the plans include a portion of State Aid Roads, the plans must be submitted to MNDOT for review and approval. The project is anticipated to be bid in February or March with an early Spring construction date. Loso made a motion to accept the plans for the reconstruction of County Road 121 (College Avenue South) as presented; seconded by Schneider and passed unanimously. Teich also requested the Council pass a resolution banning parking of motor vehicles on both sides of County Road 121 between the southerly city limits and Minnesota Street at all times. The parking ban is a requirement for federal funding as the road does not meet minimum width standards to allow for parking. Loso made a motion to approve the following resolution banning parking on County Road 121. The motion was seconded by Schneider and passed unanimously. Resolution Number 2002-01 1 I I I December 20, 200~ Page3 of 6 1 Resolution Banning Parking on County Road 121 (College Avenue South) County Road 121 (College Avenue South) [SAP. 233-107-01] from the St. Joseph City Limits to Minnesota Street in St. Joseph Minnesota. WHEREAS, THIS RESOLUTION was passed this 20th day of December, 2001, by the City of St. Joseph in Stearns County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" and Stearns County have planned the improvement of County Road 121 (College Avenue South) from the St. Joseph City Limits to Minnesota Street; and WHEREAS, the "City" will be expending State Aid Funds on the improvements of their portion of the street; and WHEREAS, this width does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" shall ban parking of motor vehicles on both sides of County Road 121 between the southerly city limits and Minnesota Street at all times. City Engineer Reports I Proposed 2002 Street Improvement Proiect: City Engineer Joe Bettendorf updated the Council on the status of the proposed 2002 Street Improvement Project. The Council closed the public hearing and at this time the Council must make a decision on whether or not to proceed. The following is a summary of changes based on testimony from the public hearing. 1. All property that is taxed as homestead property will be assessed at a residential rate. All other property will be assessed at commercial rates. 2. Homestead properties on 2nd Avenue NW will pay 50% of the residential rate 3. All of the alleys that were proposed to be improved have been eliminated. 4. Any curb and gutter that can be saved will be saved. All curb and gutter that is replaced will be assessed at the standard assessment rate (City pays 40%, Resident pays 60%). 5. Water and Sewer main will be extended from 1st Avenue NW between A$h Street and Birch Street and on Birch Street between 1st Avenue NW and 1st Avenue NEl 1 I Carol Tamm requested the City consider replacing the existing utility lines that are installed under' the parking lot at the EI Paso. Bettendorf stated that eventually the utility lines will be installed in I the street but at this time the plan does not include this replacement. Bettendorf will prepare an estimate of costs for the replacement if the utility lines are replaced. Tim Borresch requested the Council consider improving 3'" Avenue NW and the alley approach on 2,d Avenue NW for the east/west alley between 2,d Avenue NW and 3'" Avenue NW. Borresch stated that he owns property on both sides of 3'" Avenue NW and will petition to have 3'" Avenue NW included in the project if the cost estimate is affordable. He also requested the Council consider paying a larger portion of the street improvement as the road is used for park access. The Council authorized Bettendorf to prepare the cost estimate for the improvement of 3'" Avenue NW and the alley approach as requested. I 1 Hosch clarified that if the Council orders the improvement, the assessments are not being approved. The Council will still have the ability to review the costs. Bettendorf clarified that if December 20, 2001 Page 4 of6 and when the project is bid the cost is prohibitive, the Council does not need to complete the project. The City reserves the right to reject any or all bids. Loso made a motion approving the resolution ordering the improvement as stated below; the motion was seconded by Rassier and passed unanimously. 1 (Resolution will be added) East Baker Street Lift Station Renovation: Bettendorf requested the Counlcil authorize his firm to draft the plans and specifications for the renovation of the lift station on Baker Street East originally constructed in 1972. The lift station will become a safety hazard if not renovated. The approximate cost of the renovation is $ 140,000. The renovation will be funded through trunk sewer charges collected by the City, in addition to a trunk sewer charge assessed to all new connections. A lift station has a useful life of approximately 30 years, illustrating the existing lift station has served a normal lifespan. If approved, construction can begin in the summer of 2002. Rassier made a motion authorizing Bettendorf to prepare the plans and specifications for the renovation of the East Baker Street lift station to be construct in 2002. The motion was seconded by Loso and passed unanimously. West Minnesota Overlav: The County is proposing to grind and overlay West Minnesota Street from 6'" Avenue NW to 2nd Avenue NW. Since Minnesota Street is a County State Aid Road, Stearns County is responsible for paying for the surface from curb to curb.. Bettendorf will contact the County to determine if the City will have any costs, and when the projed is scheduled for completion. PUBLIC WORKS DIRECTOR REPORT Loader Purchase: Public Works Director Dick Taufen appeared before the Council to present financing options for the purchase of the front end loader and auger. Weyrens presented a cost analysis of financing the equipment through the issuance of Equipment Certificates or conventional financing through the dealer. The most cost effective method of financing the equipment is through the issuance of Equipment CertificateslBonds. Not only are Equipment Certificates the most cost effective financing tool, they are also outside the levy limits and should the City have financial constraints the bonds could be repaid through lax levy. I Loso made a motion to finance the front end loader through the issuance of an equipment certificate and to pay cash for the auger. Discussion: The Council questioned if it is the intent of Taufen to sell the loader currently used by the department. Taufen stated that he does not see a ne'ed for two loaders and if a situation would arise where a second one is needed temporadly Bill Wasner has worked with the City and charged a nominal fee. Schneider recommended the City trade-in the loader or try and sell it with a minimum bid price of $ 13,000. The Council agreed to declare the existing loader as surplus property and adl'ertise for sale with a minimum bid price of $ 13,000. If the minimum bid is not received the loader will be traded in with the purchase of the new loader. The motion was seconded by Rassier and passed unanimously. MAYOR REPORTS Street Maintenance Plan: Hosch requested that the City Engineer and Public Works Director prepare a street maintenance schedule that can be reviewed each year. This plan should be reviewed during budget discussion and funds should be established for street maintenance. I I December 20, 200 i Page 5 of~ 1 I Actinq Chief Compensation: Hosch requested the Council consider compensating Police Sergeant Jeff Young for the four months he served as Acting Chief. Young performed the duties of Police Chief fór four months. Loso stated that the City did not compensate the Deputy Clerk when she filled in for the City Clerk and that as Acting Chief his role is to step in for the Chief 1 during an absence. Ehlert concurred with Loso and questioned if the Council needed to act on I this matter at this meeting. Weyrens stated that this matter should be resolved in the budget year 2001 so a decision should be made. Schneider concurred with Hosch that Young should be ! compensated for the time he served as Acting Chief. Rassier made a motion to compensate Police Sergeant Jeff Young $ 500 as back wages for the four months he fulfilled the duties of Police Chief. The motion was seconded by Schneider. Ayes: Hosch, Ehlert, Rassier, Schneider Nays: Loso. Motion Carried 4:1:0 COUNCILOR REPORTS SCHNEIDER Historical Society: Schneider reported the St. Joseph Historical Society will be meeting on December 26, 2001 at the St. Joseph Fire Hall. EHLERT I Cell Phone Usaqe: Ehlert questioned the rates being charged to the City for cell phones and requested the City Staff to review the charges making sure the plan used by the City is the most economical plan. Wobeqon Trail: Ehlert reported that MNDOT has secured the necessary right-of-way for the Wobegon Trail from Burlington Northern. The transaction should be complete within 30 days. Police Car Idlinq: Ehlert questioned the constant idling of unattended patrol cars and if that is necessary. Hosch reported that when the computers are installed in the cars they will need to be kept at a moderate temperature. Therefore, in winter and summer the cars will be idling. Ehlert requested Hosch discuss the matter with the Police Chief encouraging good judgement when cars are left running. RASSIER Planninq Commission: Rassier reported the Planning Commission has met regarding the Preliminary Plat of Graceview Estates and the recommendation will be forwarded to the Council for the January 17, 2002 Council Meeting. At the same meeting the Council will be considering the PURD application of Mark Lambert to construct a 44 unit apartment complex. Miscellaneous Matters: Rassier requested the Council consider using a portion of the funds from the sale of the property located at 21 - 1st Avenue NW to purchase chairs for the Council Chambers. LOSO 1 Street Liqhts: Loso reported that he noticed a number of street lights that were not functioning properly and requested the City Staff to contact the utility companies to audit all their street lights. ADMINISTRATOR I CLERK REPORTS December 20, 2001 Page 6 of6 Amendment _ Buettner Aqreement: Weyrens presented the Council with a draft amendment to the Buettner Developer's Agreement which would allow assessments to bl~ transferred upon sale of the land. The agreement that has been prepared is not acceptable to Buettner and he is requesting language to assure that all buyers will be allowed to assume assessments. The amendment prepared by the City Attomey gives the Council the authority to review each case. The Council was in agreement to allow buyers to assume the assessment. Ehlert made a motion authorizing the Mayor and Clerk to negotiate and execute an amendment to the Buettner Developer's Agreement allowing the assessments to be assumed by a prospective buyer. The motion was seconded by Loso and passed unanimously. 1 Liabilitv Insurance Options: Weyrens reported that the Council has the option of purchasing an umbrella insurance policy extending the amount of insurance for each claim. The umbrella policy would relate to property and liability claims only. In the past the City has denied the coverage. The Council also needs to discuss the waiver limits and if they wish to waive the right to control the amount the City can be held liable to for each loss. If the limit is not waived the maximum loss per incident is $ 300,000 Loso made a motion not to purchase the additional umbrella insurance policy; seconded by Ehlert and passed unanimously. Schneider made a motion to not waive the statutory liability limit; se,conded by Rassier and passed unanimously. Health Insurance: Weyrens reported the City insurance provider went public and all the existing plan holders were issued stock. As municipalities cannot own stock the City will need to dissolve the stocks. The current market value of the stock issued to the City is approximately $ 39,000. Loso made a motion authorizing the City Administrator to take the n1ecessary steps to dissolve the stocks issued to the City. Discussion: The Council was in agreement that any funds receivl~d should be set aside for future health insurance premiums. I The motion was seconded by Schneider and passed unanimously. Vacation Carrv Over: Weyrens requested authorization to carry forward a potion of her unused vacation. She stated that due to the short staff she has not been able to use her vacation. Schneider made a motion authorizing Weyrens to carry forward her unused hours of vacation for six months. Thé motion was seconded by Ehlert and passed unanimously. Adiourn: Loso made a motion to adjourn at 9:05 PM; seconded by Schneider and passed unanimously. ~dr u y Weyrens A inistrator Clerk 1