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HomeMy WebLinkAbout2002 [11] Nov 21 I I I I November 21, 2002 Page 1 of7 Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session on Thursday, November 21, 2002 at the SI. Joseph City Hall. I Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, AI R~ssier, Kyle Schneider.! Administrator Judy Weyrens. I 1 City Representatives Present: City Engineer Joe Bettendorf, Public Works Director Dick Taufen, Policé Chief Pete Jansky. I Others Present: Councilors Elect Dale Wick and Ross Rieke, Steve Hagmann, Pat Bednarz, Laura Bednarz, Rob Robbinson. Approve Aoenda: Loso made a motion to approve the agenda with the following additions: 10 (a) Sewer Backup, Able Street East; 10 (b) County Road 121 Sidewalk Issue; 13 (b) Surplus Plow Truck Bids; 13 (c) Department Head Retreat. The motion was seconded by Rassier and passed unanimously. Consent Aoenda: Rassier made a motion to approve the consent agenda as follows: a. Bills Payable: Approve check numbers 32038 - 32124 b. Minutes: Approve the minutes of the following Council meetings: October 29, October' 30, 2002. ¡ c. Flexible Spending Contract: Authorize the Administrator to execute the contract betwéen the City of st. Joseph and stanton Group for administrative services of the employee I flexible spending account. I d. Exemption from Lawful Gambling: Accept the gambling application for the st. Joseph' Lions for an event to be held on January 24, 2003 at the La Playette. The motion was seconded by Loso and passed unanimously. Public Comments to the AQenda: No one present wished to speak. : 2002/2003 Rental License Report: Rental Housing Inspector Steve Hagmann appeared before the Council to present the annual rental housing report. Hagmann presented the Council with the following license information: i Rental Licenses Issued: 120 Total number of rental units: 325 License Transfers: 8 New Rental Licenses: 4 Licenses not renewed 1 í Hagmann stated that he plans to conduct a rental housing meeting in 2003 to discuss the inspection process and areas of concern. Rassier questioned if the rental license for the Newsleader has been issued as the parking lot has not been completed. Hagmann stated that a temporary license has been issued until spring of 2003 at which time the parking lot at 32 - 1st Avenue NW must be paved. The ¡ parking lot paving was a requirement of the Special Use Permit allowing the rental unit in a General I Business Zoning District. Schneider stepped down from his chair at 7:10 PM La Plavette Liouor License Violation: Weyrens reported that the La Playette received a liquor license violation on November 9, 2002. The violation includes two separate infractions. The first violation is refusing to allow police in. This fine for this violation is covered on the alcohol matrix adopted by the City Council and carries a fine of $ 250.00 for the first offense. The second violation is allowing people in the bar after closing. This violation is not covered under the alcohol matrix and the Council can impose a' monetary penalty up to $ 1,000 and/or suspend the liquor license for a specified period of time. Weyrens November 21, 2002 Page 2 of7 stated that the property owner has not requested a hearing on the violations thereby admitting the violations did occur. Weyrens further stated that the license holders were before the Council in April of I 2002 for an after hour consumption violation. The Council at that time imposed a $ 150.00 fine and stayed the fine provided that no same or similar violation occurred within six months. While the violation in April has exceeded six months, the Council can consider the violation when imposing the fine for the current violation. Ehlert questioned why the Council would consider the violation that occurred in April when discussing the new violations. Weyrens reported that the violation occUirred n the same license year and frequency of violations can be considered during the disposition. La Playette owners Pat and Laura Bednarz spoke on their own behalf. Pat Bednarz stated that he regrets the violation that occurred on November 9, 2002 and admitted that the police report submitted to the City Council is an accurate portrayal of events that happened that evening. Bednarz further stated that after the bar closed four friends and four employees remained in the bar 10 celebrate Laura's birthday. Bednarz assured the Council that alcohol was not being served or consumed after the bar closed. Bednarz apologized to the Council and SI. Joseph Police Department for the lack of respect and poor judgment displayed on the evening of November 9, 2002. He further stated that he made a bad choice and respectfully requests the Council consider the economic effects of any fine imposed on the La Playette. Bednarz stated this summer he has experienced a decline in business which can be attributed to the economy and the 2002 Street Improvement. Loso made a motion to acknowledge that on November 9, 2002 the La Playette refused to allow the St. Joseph Police into the establishment after hours resulting in a liquor license violation. The property owner will be assessed a $ 250.00 fine as stated on the alcohol matrix and will be considered a first offense. The motion was seconded by Ehlert and passed unanimously. Discussion: Hosch stated that when determining the monetary fine for violations, the cooperation with the Police Department is considered. The Police Department is charged with enforcing the MN Statutes and while not everyone agrees with the regulations, procedures must be followed. Hosch stated that in his opinion the most serious violation that occurred on November 9, 2002 was the failure to allow the Police Officers in the establishment. I Ehlert stated it is his opinion that the Alcohol Matrix should be expanded to add a fine for people in the bar after hours. The Alcohol Matrix already contains a provision for after hour sales and this should be a similar fine. Ehlert stated the goal of the Matrix was to establish a uniform finle for liquor violations removing subjectivity. Loso stated that the Council needs to take a strong stand on the liquor violation and send a message to all liquor license holders. Therefore, Loso made a motion acknowledging that on Novemer 9, 2002 the La Playette allowed persons to remain in the establishment after hours resulting in a liquor license violation. Further, the license holder will be assessed a fine of $ 1,000 and a 3 day suspension. The $ 1,000 fine and 2 Yo days of the suspension will be stayed provided that no same or similar violations occur within 12 months. The motion was seconded by Ehler!. Discussion: Rassier stated it is his opinion that the entire fine should not be stayed and the suspension should be for one full day. The lack of respect for the Poiice Department should not be tolerated and the fine should be reflective of the seriousness of the violation. Hosch stated that he agrees the violation is serious, and agrees with the fine as stated in the motion by Loso. By staying the fine and part of the suspension, the property owner in essence is placed on probation. There is incentive to abide by the liquor license regulations. Bednarz stated that imposing the full fine (both monetary and suspenrJed license) would create an undue hardship. Therefore there is incredibie pressure to assure that Mure violations do not occur. Bednarz again apologized for the lack of respect shown to the Police Department and City Council. Bednarz stated that he can guarantee that he will not have tlJture violations and understands the seriousness of the situatio~ I Rassier stated that he is still of the opinion thaf the license holder should pay a portion of the fine and suggested that $ 250.00 of the fine be imposed. Loso stated that the motion before the I I I I ¡ I I November 21, 2002 Page 3 Of7 I Council stays the fine for one year. The Council agrf;led)hat the suspension will occur on ' December 2, 2002. Since the bar is only open at 2:00 PM on Mondays, leaving the bar open for 10 hours, the one half day closure will consist of five hours. Therefore, on Monday, December 2, 2002 the La Playette will be closed between the hours of 2:00 PM and 7:00 PM serving the suspension for the liquor violation. -"T__'~_";';';¡'«_i~¡~~~"1i!!'fAA'if>!~""~'C'- - The motion passed unanimously. Schneider resumed his chair while Loso stepped down from his chair at 7:30 PM. 2002 Street Improvement - Assessment Contention.Mike Loso: Weyrens reported that the Council must review and finalize the assessment for Michael and Florence Loso. The Council received an assessment contention requesting clarification on the following items: 1) Size of water main; 2) Curb Service Line; 3) Cost Sharing Apportionment; 4) Allocation of State Aid Funds. Bettendorf requested the Council consider each contention item separately. Water Main Service: Loso requested a deduction in his assessment for the installation of an eight inch water service. Loso contended that his property only requires a six inch service.' Bettendorf stated that the property owner was only assessed for a six inch service and it is his understanding that Loso has I accepted this portion of his assessment. Therefore, the assessment will not be reduced. , Curb Service: Loso requested a deduction in his assessment as he does not believe he received a , benefit from the new one inch service line. Loso stated that prior to the street improvement he had a o'ne inch copper service line and in his opinion it did not need to be replaced. Loso also questioned if whe~ the property is developed, the developer will be assessed for the same charges being assessed at this' time. Bettendorf stated that when the project was ordered all the old service lines were scheduled to be removed. When replacing water main Bettendorf stated it is his policy to replace the service line at the! same time. If the service line is not replaced the connection must be retrofitted with new couplings. I Retro fitting has the potential of creating maintenance issues. Replacing the service lines should prov'de the property owner with a better connection and provide for a longer service life of the water line. It is more efficient to replace the old lines than to evaluate each service line at the time of construction. Bettendorf stated the cost of the service line is approximately $ 400 to $ 450 and recommended the Council leave the assessment as prepared. Cost Sharing Apportionment: Loso requested a deduction in his assessment for the cost of the road as the property owner to the north of his property creates additional traffic and most of the traffic on Birch ¡ Street is commercial in nature. Loso is requesting the same cost sharing as 2nd Avenue NW which 1 received a lower cost sharing as it is a designated truck route. Bettendorf stated that while Loso contends Birch Street has heavy commercial traffic, causing a quicker deterioration of the surface, Loso has received the full value of the life of Birch Street. The existing surface has lasted 40 years which is beyond the normal life of a road. Therefore Loso has received the same benefit as other property owners in the City of SI. Joseph. Bettendorf stated that reducing the apportionment for Birch Street would set precedence for future improvements. While ideally he would recommend the City budget for overlays; budget constraints have made this difficuil. Hosch clarified that 2nd Avenue NW received a lower emit sharing apportionment because it is a designated truck route. At this time Hosch stated he cannot support deviating from the established policy. state Aid Allocation: Loso requested the Council reduce the his assessment providing relief from State Aid. Loso contends that residents living on State Aid Streets should see a reduction in their . assessments, not the City portion of the project. Bettendorf responded that the City has latitude in how State Aid funds are distributed. While some communities offset assessments of residents living on State Aid Streets, Bettendorf believes the aid should be benefited to all the residents of SI. Joseph. The str~ets belong to all the residents therefore any aid received should be shared by all the taxpayers. November 21,2002 Page 4 of7 Rassier made a motion reaffirming the assessment of Michael and Florence Loso denying the request to reduce the assessment as stated above. The motion was seconded by Schneider and passed unanimously. I Loso resumed his chair. Callawav Street ROW Takino: Bettendorf reported that he along with Council Ehlert and Administrator Weyrens met with the School District Business Manager to present the alternative alignment for Callaway Street. The proposed alignment places Callaway Street on the south properily line of Kennedy School. If the alignment is approved by the School District the City will not have to complete the condemnation proceedings against the College of SI. Benedict. The realignment will require the City to relocate a portion of the walking path around Kennedy and also move one of the ballfields. Bettendorf stated that he will be preparing a survey of the properily and equipment located on the area where the road alignment is proposed. In order for the revised alignment to occur, the College of SI. Benlooict and School District 742 must exchange two parcels of properily. Representatives of the School District agreed to present the information to the School Board on December 11, 2002 for consideration and indicated the proposal should be acceptable. Well StudY Report: Bettendorf reported the hydrology report has been completed regarding construction of a new well field. Based on information received, the best source of water for the City is located SW of the current City limits. Bettendorf stated that he has been working with the properily owner near 1-94 who has indicated he would be willing to negotiate the sale of land to the City for a future well and/or filtration plant. Bettendorf stated that the next step in the well study is the drilling of a test well. Before this is complete access to the properily needs to be determined. APO Transportation Plannino: Bettendorf reported that the SI. Cloud APO is looking for a Transportation Study project to submit for federal funding. Until recently federal funds could not be used for transportation planning/study. Bettendorf recommends the City request the APO to complete the I necessary transportation study for both Field Street and the north extension of County Road 2. Loso made a motion authorizing Bettendorf to request the APO consider requesting federal funding for the transportation study for Field Street and the north extension of County Road 2. The motion was seconded by Ehlert and passed unanimously. Director of Public Works Report County Road 121/Colleoe Avenue North. Sidewalk Repair: Public Works Director Dick Taufen reported that the City has been contacted by Assistant County Engineer Jodi Teich regarding the sidewalk replacement on College Avenue North. The Council had previously requested the sidewalk installed on the northwest corner of College Avenue and Minnesota Street be removed and replaced to correct the slope that was created. Teich is requesting the Council authorize the County to wait until Spring of 2003 to make the necessary repairs. The weather is too cold to install sidewalk or Ireat exposed building foundations. Weyrens reported that since the City has documented the necessary repairs and the County had not finished the construction on College Avenue/County Road 121 liability issues would be the responsibility of the County. Rassier made a motion to wait until Spring 2003 to replace the sidewalk on the northwest comer of Minnesota Street and College Avenue. The motion was seconded by Ehlert and passed unanimously. Christmas Street Decorations: Taufen reported that during the 2002 construction projects four electrical outlets for Christmas decorations were removed. If Christmas decorations are to be installed and lit the outlets need to be replaced. Taufen stated that he received an estimate of $ 200 per outlet to replace. Loso made a motion authorizing the expenditure to replace the power outlets for Christmas decorations that were removed during summer street construction. The motion was seconded by Rassier and passed unanimously. I I I I "''''''~'''"-'''''''''¡;'';V"""''tÆ_~';W''''if,j".°ß'i-)·'\:'ifi';k,,,!:''1':·~ ¡ November 21, 2002 Page 5 6/7 , I Lift Station Failure: Taufen reported that the City experienced a control failure on the new East Baker Uft Station. The failure caused sewer to backup into three homes. The insurance adjuster from the City is: assisting with the claim and it is anticipated the claim will be covered by the contractors insurance. i ! Snow Plowinq -Colleoe Avenue: Taufen questioned the Council as to how they would like the snow , plowed on College Avenue and it should be hauled away. If the snow is not hauled the sidewalks will not be accessible during the winter months. Loso stated that as Public Works Director he needs to decide! the best method for snow removal. Rassier concurred with Loso and stated that Taufen needs to I determine the most efficient manner in which to remove snow. Police Chief Reports Amendment to Ordinance 71: Jansky presented the Council with a proposed amendment to ordinanc~ 71 which would allow alcohol to be served outside if food is served at the same time. Jansky stated this amendment is in response to the request from the Council to allow Bistro's to operate under the Liquor Ordinance. Loso made a motion to adopt the proposed amendment to Ordinance 71 allowing I alcohol to be consumed outside when food is served. The motion was seconded by Ehlert and passed unanimously. I Mayor Reports I APO Fundino Resolution: Hosch reported that he was part of a committee that reviewed funding projects for the SI. Cloud area. The committee established a high priority list projects for federal funding. The i APO is requesting municipalities to approve a resolution in support of the established funding list. Loso made a motion adopting resolution 2002-_ supporting the proposed funding project request as developed by the APO. The motion was seconded by Schneider and passed unanimously. RESOLUTION 2002- _ I ENDORSING THE ST. CLOUD AREA PLANNING ORGANZATIONS LIST OF HIGH PRIORITY PROJECTS REQUESTING FEDERAL FUNDING EARMARKS WITHIN THE REAUTHORIZATION OF TEA-21 WHEREAS, the SI. Cloud Area Planning Organization (APO) in 1998, adopted a Long-Range Transportation Plan for the SI. Cloud Metropolitan Area consistent with Federal Planning Regulations, and WHEREAS, this Plan has identified transportation projects that will be necessa~ to accommodate forecasted SI. Cloud Metropolitan Area development, and WHEREAS, these projects are considered of metropolitan significance to the collective community of I jurisdictions in the SI. Cloud Metropolitan Area, and I , I WHEREAS, the SI. Cloud APO has prepared a prioritized list of projects for the purpose of requesting' High Priority Project (HPP) funding within the reauthorization of TEA-21, and I WHEREAS, the City of SI. Joseph has participated in the prioritization of this li~t of HPPs, I NOW THEREFORE BE IT RESOLVED, that the City of SI. Joseph endorses and will proactively support the prioritized list of High Priority Project funding requests prepared by the SI. Cloud Area Planning 1 Organization dated November 13, 2002. ! Council Residencv: Hosch reported that during his monthly cable access television program a caller I questioned the residency of Councilor Schneider. Hosch stated that he would like affirmation from i Councilor Schneider as to residency. Schneider stated that he is currently and has in the past two years lived within the City of SI. Joseph. Hosch clarified that residency is a requirement of holding office arid he hopes that Schneider understands the seriousness of the matter. November 21,2002 Page 6 of 7 Council Reports LOSO - No Report RASSIER I PlanninQ Commission Update: The Planning Commission has finished reviewing the draft Comprehensive Plan and have invited the City Council to the December 2, 2002 meeting to discuss the Plan before the public hearing is conducted. In addition the Planning Commission has requested that the public hearing for the Comprehensive Plan be conducted jointly with the Council on December 10, 2002. The Council by consensus agreed to conduct the public hearing for the Comprehensive Plan on December 10, 2002 and to meet jointly with the Planning Commission on DeC'.ember 2, 2002. EHLERT Fire Board: Ehlert reported the Fire Board meet recently and approved the purchase of 10 pagers. Some of the current pagers have exceeded their useful life and are not covered under warranty. If the pagers need repair they must be sent overseas which is cost prohibitive. The Fire Chief is requesting to establish a schedule of replacement for pagers. Ehlert stated that the pagers will be funded in part through Stearns County with the balance being funded through the Fire Board. The Fire Board also discussed the proposed Fire Study presented by the City of SI. Cloud. The proposed fire study would assist the area Cities in determining if equipment or space could shared between departments. The Fire Board will review this matter further at the next meeting. Lvnx Road: Ehlert reported that he discussed the condition of Lynx Road with Township Supervisor Joe Bechtold. Bechtold indicated that the Township may consider contributing towards the repairs to Lynx Road as it was in bad shape when the road was annexed. I SCHNEIDER Park Board: Schneider reported that Park Board Member John Walz has indicated that he will be resigning from his position on the Board effective January 1, 2003. Therefore the Park Board will be two members short. Wobeoon Trail: Schneider reported that a representative from the SI. Joe Sno Joes approached the Park Board and requested authorization to construct a bridge in Miilstream Park that could be used by Snowmobilers to cross the creek when using the Wobegon Trail. The Park Board agreed to work with the Sno Joes to compete the project. The project will be funding totally by the Sno Joes. Administrator Reports Development Update: Weyrens presented the Council with a concept plan fOIr the development of Madison Park. The proposed development is located south of Lynx Road and is currently in SI. Joseph Township. The development includes single family housing, townhomes and multi family. Weyrens requested the Council meet jointly with the Planning Commission on December 2, 2002 at 7:30 PM to discuss the concept plan. Before scheduling the preliminary plat hearing, the Council needs to look at the proposed transportation plan for the development and discuss the eastlwest corridor that will bypass the City to the south. The Council agreed to discuss the concept plan on December 2,2002. Surplus Plow Truck: Weyrens reported that bids were opened for the sale of Ithe surplus 1976 Ford Plow Truck. The following bids were received: Edwin Merkling $ 4,250 I Bill Wasner 3,863 Gary Donabauer 1,000 I I I I November 21, 2002 Page 7 pf7 ¡ Rassier made a motion to accept the high bid of Edwin M4!rkling for the purchase of the 1976 Ford Plow Truck. The motion was seconded by Hosch and passed unanimouslr I Department Head Retreat: Weyrens stated that at a recent department head meeting is was suggested that the Department Heads conduct a one day retreat to establish goals and planning for the year 2003. The City is experiencing rapid growih and a plan for utility expansion needs to be considered. After the Department Head retreat, the Council will be invited to spend a day with the Department Heads to ' discuss proposed goals and build consensus for future planning. Ehlert stated that as an outgoing Councilor he would like to opportunity to participate in the one day workshop to provide insight as to what the Council has done in the past. ' , , Loso made a motion authorizing a one day retreat for all Department Heads; seconded by Schneider and passed unanimously. Personnel Review - Public Works Director: Weyrens requested the Council establish a sub committeè to present the Public Works Director with the results of his performance review. Hosch and Loso agreed to be part of a sub committee with Weyrens. Adiourn: Loso made a motion to adjourn at 9:00 PM; seconded by Rassier and passed unanimously. ~~s B~~strator / Clerk ,<-x-. r;;,;:';.;,:_~'2_j_", ,""~- I THIS PAGE INTENTIONALLY LEFT BLANK I I