HomeMy WebLinkAbout[04a] Minutes July 17
July 17, 2017
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Monday, July 17, 2017 at 6:00 PM at the St. Joseph Government Center, opening with the pledge of
allegiance.
Members Present: Mayor Rick Schultz, Councilors Dale Wick, Bob Loso, Troy Goracke, Matt Killam.
Administrator Judy Weyrens.
Others Present: John Anderson, Pat Ditlevson, Katie Foley, Mary Bruno, Michael Deutz, Randy Schmitz,
Dave DeMars.
City Representatives Present: City Engineer Randy Sabart, Police Chief Joel Klein, Public Works
Director Terry Thene, Community Development Director Therese Haffner, City Attorney Tom Jovanovich.
Public Comments: No one present wished to speak
Approve Agenda: Wick made a motion to approve the agenda pulling items 4g and 4h from the
consent agenda for discussion; and adding item 7b 2017 Street Maintenance. The motion was
seconded by Schultz and passed unanimously.
Consent Agenda: Wick made a motion to approve the consent agenda as follows; seconded by
Wick and passed unanimously.
a. Minutes – Approved the minutes of June 19, 2017 and July 12, 2017.
b. Bills Payable – Approved check numbers 052233-052344, Payroll EFT #001367-001378 and
Accounts Payables EFT #001787-001791.
c. Treasurer’s Report – Accepted the June 2017 treasurer’s report as presented.
d. Donations – Accepted the donations and their purposes as presented.
e. Millstream Park Shelter – Draw #1 – Approved payment for the contractors listed in Draw #1 for
the Millstream Park Shelter project in the amount of $22,036.90.
f. 2016 TIF Reports – Accepted the 2016 TIF reports as presented.
i. Ordinance Amendments – Authorized the Mayor and Administrator to execute Resolutions 2017-
035 through 2017-041 amending Ordinances 401, 403, 405, 407; adopted Ordinances 408 and
409; and authorized summary publication of the aforementioned Ordinance amendments and
adoptions.
Discussion:
g. Interim Use Permit Rental Requests – Authorized the Mayor and Administrator to execute
resolutions 2017-028 through 2017-032 adopting the findings of fact and granting an Interim Use
st
permit to allow a non-owner occupied residential rental license at the following properties: 104 1
st
Ave NW, 409 College Ave N, 119 College Ave N, 119 1 Ave NE, and 30 Birch St E.
Weyrens stated that findings were updated to include language clarifying the expiration of the IUPs as follows:
The Planning Commission shall review the Interim Use Permit within three years on or before July 13. 2020 to
determine if the Subject Property is ready for conversion to a commercial use based on the surround property
and if it is, the Interim Use Permit shall expire on August 14, 2020. If the property is not ready for commercial
redevelopment based on the surrounding property, the Interim Use Permit shall expire within six years on
August 14, 2023.
Wick made a motion authorizing the Mayor and Administrator to execute Resolutions 2017-028 through
2017-032 adopting the findings of fact, with the updated expiration language, granting Interim Use
st
Permits to allow non-owner occupied residential rental licenses at the following properties: 104 1 Ave
st
NW, 409 College Ave N, 119 College Ave N, 119 1 Ave NE, and 30 Birch St E. The motion was
seconded by Schultz and passed unanimously.
h. Rolling Ridge Wedding & Event Center – Authorized the Mayor and Administrator to execute
Resolution 2017-033 adopting the findings of fact approving a Conditional Use Permit for the
purpose of operating an event center; and authorized execution of Resolution 2017-034 adopting
the findings of fact approving a variance from the off-street parking requirement.
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Weyrens stated updates to the findings include extinguishing the previously approved special use permit to
eliminate confusion. The variance request also eliminates parking requirements allowing parking on the grass
due to the type of venue. In addition, since the CUP was amended to allow public events where alcohol is sold
and consumed through a caterer’s license, a City Liquor License will not be issued. With the property hosting
public events, it is subject to monitoring by the police department including compliance checks. The City liquor
license fee covers the cost for some of the monitoring; therefore the approval should require the property owner
to reimburse the cost for compliance checks, to which the Council concurred.
Wick made a motion authorizing the Mayor and Administrator to execute Resolutions 2017-033
adopting findings of fact approving a Conditional Use Permit for the purposes of operating an event
center with amended language; and authorize execution of Resolution 2017-034 adopting findings of
fact approving a variance from the off-street parking requirement. The motion was seconded by Loso
and passed unanimously.
City Engineer Reports, WTP #1 Filter Rehabilitation: City Engineer Randy Sabart presented the Council
with an updated project scope for the updates to Water Treatment Plant #1 (WTP1). The nature of the
project is to rehabilitate the filter coatings and filter media material, which is a routine maintenance
activity. In 1996 the City made a significant investment in the plant and rebuilt the plant with a useful of
40 – 50 years. It is typical after 20 years to rehabilitate the media and extends the life at least 20
additional years. The project cost has increased approximately $ 50,000 due to staff identifying some
additional items that need attention. The estimated cost is $355,840.00.
Wick questioned the funding for the project. Weyrens stated that while the project is included in the
Capital Improvement Plan (CIP), it was anticipated that the project would be included in debt issued. The
Fee schedule has been adopted based on the CIP to include annual debt payments. However, since the
CIP was adopted the project costs have increased.
Loso questioned if the plant should be shut down and the City can operate on the new facility that was
constructed. He understands that the City benefits from redundancy, but is it time to rely on one plant.
Sabart stated that it is not as easy as just shutting down a plant. Three of the City’s wells are located
near WTP1 and the pipes do not extend to WTP2; therefore a significant investment would be needed to
construct the new piping. He stated that he would further have reservations if all the City wells were
located in one area, as if one well becomes contaminated it could affect all the wells. At least today the
City has two separate sites, providing additional insurance. He further stated that due to the sizeable
investment in 1996 the plant has served less than half of its useful life and the City would want to
recognize the full life of the plan.
Gorake questioned the timeline for construction to which Sabart responded that if approved by the
Council at this meeting, the project could begin as early as October with final completion in spring 2018.
Schultz questioned how much water is produced at WTP1 to which Public Works Director Terry Thene
stated approximately 1 M gallons per day. Schultz stated that he wants to make sure that the City is
using its financial resources effectively and providing infrastructure for the future.
Wick made a motion approving the expanded scope of work for the rehabilitation of WTP1 and
authoring the Mayor to execute the Professional Engineering Services Agreement for the same.
The motion was seconded by Killam and passed unanimously.
City Engineer Reports, Project Updates: Sabart reported the preconstruction meeting was held for the
CBD alley improvements. The project is anticipated to begin at the end of July. At the meeting the
contractor proposed a change to the project. The contractor is having issues finding a sub-contractor to
complete the sewer lining work and proposed replacing the piping with PVC. Weyrens stated that there is
a cost contingency in the project that could cover the additional cost of pipe replacement. There are two
options: 1) replacing PCV piping for both blocks at an estimated cost of $12,000; 2) installing PVC piping
for both blocks adding an additional 30 feet that would extend to College Avenue with an estimated cost
of $ 15,000. If option one is selected there will be one 30 foot section of pipe that is not replaced,
everything else to that point would be new pipe.
July 17, 2017
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Wick questioned how the alternative impacts the bidding process and isn’t the contractor bound to
complete the project as bid. Sabart responded that bid laws do allow for irregularities that fall below a
certain threshold, which this one does. Also, the contractor has tried to find a sub to complete the project;
however it is such a small project that it is not cost effective. When questioned about the impact to the
final assessments, Sabart responded that since the assessments were capped by the benefit analysis,
the cost difference would fall on the City regardless.
Loso made a motion authorizing the Contractors of the CBD Alley improvements to replace the
clay sewer piping with PVC piping in blocks 9 and 12 and to include the clay extension into
College Avenue. The motion was seconded by Wick; motion carried.
Ayes: Wick, Loso, Killam, Goracke,
Nays: Schultz Motion Carried: 4:1
Discussion: Schultz questioned if the Council didn’t approve the change, what would happen with the
project. Sabart stated the Contractor would need to find a sub-contractor and that the project timeline
could be amended.
Sabart also reported that Field Street is in the reconstruction phase and is beginning to look like a road. It
is barricaded as it is still a construction zone and will be ready for traffic in early August.
Public Works Director, Capital Purchase: Thene stated the City was contacted by a property owner who
owns property adjacent to Centennial Park questioning the location of cement barriers that are located on
his property. Thene stated that the barriers have been in place for over 30 years and they are in fact
placed on private property. The barriers are important as they delinate the park so cars do not park within
the Park. Since the posts have to be relocated Thene is requesting to extend the existing fence to create
a complete barrier around the park helping control debris in addition to creating a barrier. The cost of the
fence is $ 8,102 and funding is available in the CIP.
Wick made a motion authorizing the expenditure of $8,102.00 to install a fence at Centennial Park
as requested by Thene. The motion was seconded by Loso and passed unanimously.
Roles and Responsibilities – Tom Jovanovich: Jovanovich stated that periodically he likes to review the
roles and responsibilities of the Mayor and Council. St. Joseph has a weak mayor-council system where
the Mayor is a part of the Council and does not have administrative duties. The Mayor also has the ability
to appoint members to the Park Board. Members of the Council duties are to be formed by the Council as
a whole. Jovanovich stated it is very important that no one member has the right individually to supervise
City staff; however, in certain cases, the Council can appoint a member to supervise staff. The Council
may appoint employees for the City as deemed necessary for the proper management and operation of
the City. The Council delegates many of the administrative tasks to the City Administrator.
Loso clarified that it is the responsibility of Council members serving as liaisons to bring information back
to the Council. When questioned for an instance, Loso used the personnel committee as an example.
Jovanovich stated that dealing with personnel matters is more difficult. Since the Council has created a
committee with two Council Members there is some data that would not be available to the Council as it is
considered private data. Goracki questioned if the Council could view performance reviews to which
Jovanovich answered no. That information is protected and only those involved have the authority to
review. Their may be a time when action of the Council is required and information surrounding that
action would become available to the Council.
Loso questioned how the Council determines what is policy and what procedures should be followed as
the Council makeup can change every two years. Jovanovich responded that it is the policy that is in
place or past practice. It becomes past practice when policies are not written. He further clarified that in
some cases it becomes what the current council decides.
Jovanovich stated that he has similar presentations for reviewing planning/zoning and conflict of interests.
July 17, 2017
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Public Works Director, 2017 Street Maintenance: Thene stated that annually the City completes seal
coating and crack filling. For 2017 he is requesting authorization to expend up to $ 57,612.78 for the
improvements. Streets impacted include: Callaway St E, Baker St, and Jade Road. Wick questioned if
funding has been established for the improvement to which Thene stated the CIP has over $ 75,000 set
aside for seal coating and crack filling. This year he is proposing to utilize fog sealing in some areas as
well. The cost breakdown is as follows: Seal coating - $ 44,596.68; Crack Sealing - $ 10,000; and
Striping Jade Road - $ 3,016.10
Loso made a motion to approve the expenditure of $ 57,612.78 for seal coating as requested by
Thene. The motion was seconded by Killam and passed unanimously.
Committee Updates, Park Board – Dog Park: Killam presented the Council with an update on the Dog
Park. Donations have been received in the amount of $5,025 from organizations, businesses, and
residents. Killam stated the fencing is the highest cost for the project. Initially the quote came in at
$18,424 for a 5 foot black vinyl fence. In an effort to reduce the fencing cost, the fence specifications
were changed to eliminate the two bottom rails and add a tension wire in its place. Based on the new
specifications the fence costs was reduced to $ 13,968.
At the recent Park Board meeting they discussed the dog park in totality acknowledging that the Park has
future amenities and expansion ability. Therefore, they have divided the project into three phases: Phase
One includes the fencing, sign, trees, donation box, doggy bag receptacles, and mulch. Phase two
includes the pavers and water with Phase three including expansion for a small dog park and pavilion.
The Park Board clarified that future phases of the Park will have to be funded through donations.
Killam made a motion accepting the concept design of the dog approving, acknowledging that the
park will developed in three phases with phase one utilizing $ 10,000 of Park funds and phase two
and three funded through donations. The motion was seconded by Goracke and passed
unanimously.
Discussion: Wick questioned the creation of one area for dogs, not separating the small and large
dogs. Killam stated that the Park Board recognized that a separate area may be needed for small dogs,
but wanted to start the project and the have a space for the future for small dogs. Killam stated at this
point it is listed under phase 3. Wick suggested having both the large and small dog entrances next to
each other. Wick questioned if there would be places for people to sit that have small dogs. Killam stated
people can use the pavilion that will be located in the larger area.
Loso questioned who would be the rule enforcer at the dog park. Thene stated that those using the park
will police it on their own, but the City will have to address any issues on a case by case basis.
John Anderson, Park Board Chair: Anderson stressed the importance of getting the dog park started as it
will hopefully help with gaining additional donations. Anderson added that the Park Board is hoping that
phases 2 and 3 can be funded through donations only.
Administrator Reports, Comprehensive Plan: Weyrens provided the Council an update on the
Comprehensive Plan and stated that draft documents will be placed on the website created for the
update. At this time the draft vision statement and six core values are available for review.
Administrator Reports, Liquor License Violation: Weyrens presented the Council with a Stipulation of
Findings regarding a liquor license violation that occurred at the American Legion. The violation was in
conjunction with a compliance check that impacted all liquor license holders in the City. Based on the
current Alcohol Matrix, the violation would include a fine of $ 150.00 as this is the first violation in the 12
month period. Wick made a motion authorizing the Mayor and Administrator to execute Resolution
2017-043 Adopting Stipulations for the liquor license violation at the American Legion Post #328.
The motion was seconded by Killam and passed unanimously.
Administrator Reports, Alcohol Matrix: Weyrens presented the Council with the current alcohol matrix
which was adopted in 2003. The matrix has not been reviewed since adoption and she questioned if the
July 17, 2017
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Council would like to review the policy to see if it still meets the goals of the Council. The Council was in
consensus to review and update the matrix.
Mayor Reports: Schultz reported the City Council met with the Township Board recently to review the
proposed land use regulations and process for the Orderly Annexation Area. The Township will review
the material with their constituents on July 31 and if they accept, the matter will be scheduled for a public
hearing on August 16 or August 17.
APO Executive Board: Met to discuss budget. The location of the APO meetings will also be
moved to the Library as the building is not ADA compliant
CGMC: Schultz stated the main topic of discussion was water quality as more requirements are
being put on Cities. The CGMC is considering adding a surcharge to the membership to offset
the litigation costs, which Schultz is opposed as the litigation impacts all, not just the members.
Wick stated that if a surcharge is added, they may face a decline in membership.
Adjourn: Wick made a motion to adjourn at 7:55 PM; seconded by Loso and passed unanimously.
Judy Weyrens
Administrator