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HomeMy WebLinkAbout12-07-06 December 7,2006 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of S1. Joseph met in regular session on Thursday, December 7, 2006 at 7:00 PM in the S1. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Renee Symanietz, Ross Rieke, City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola Others Present: Ellen Wahlstrom, Thomaseth Scheeler, Bob Wahlstrom Approve Aqenda: Symanietz made a motion to approve the agenda with the following additions: 10d LELS Contract 7.5 Engineer Reports - Safe School Grant 3b To include the Fire Department Report along with the bills payable The motion was seconded by Rassier and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the consent agenda as follows: a. Minutes - Approve the minutes of November 16 and 30, 2006. b. Bills Payable - Approve check numbers 038128 - 038197. c. Interim Use Permit - Accept the recommendation of the Planning Commission and issue an Interim Use Permit to Ryan Lieser, 403 1st Avenue NE, allowing an owner occupied rental. d. Gambling Application - Accept the Lawful Gambling Premises Permit Application for the St. Joseph Lions to conduct gambling at the La Playette, 19 College Avenue N, St. Joseph, MN 56374. e. Annual Liquor Licenses - Approve the annual liquor licenses to include On/Off Sale Non-intoxicating liquor, Cigarette Licenses, Amusement and Entertainment Licenses. f. Change Order - Authorize execution of Change Order #3 for the Centennial Park Project replacing the seeding with sod. Additional contract price of $1,956. g. Application for Payment - Approve Pay Application #2 for the Centennial Park Pavilion Project and authorize payment to W. Gohman Construction in the amount of $56,122.00. h. Application for Payment - Approve Pay Application #9 for the Water Treatment Plant Project and authorize payment to John T. Jones Construction in the amount of $409,988.99. i. Application for Payment - Approve Pay Application #8 for the 2005 Hill Street/3rd Avenue SW Improvements and authorize payment to R.L. Larson Excavating in the amount of $38,166.72 j. Application for Payment - Approve Pay Application #2 for the 2006 8th Avenue NE Improvement Project and authorize payment to C & L Excavating in the amount of $56,930.48. k. Equipment Purchase - Authorize the purchase of a camera for the Council Chamber at an estimated cost of $ 2,500. The motion was seconded by Wick and passed unanimously. Public Comments to the Aqenda: No one present wished to speak. Truth & Taxation - Continuation Hearing: Weyrens advised the Council that at the initial hearing, the Council agreed to continue the hearing so that additional information could be obtained. As a result, due to MN Statutes, the Council cannot act on the proposed budget until at least three days pass from the end of the hearing to budget adoption. At this time Mayor Carlbom re-opened the public hearing. December 7,2006 Page 2 of 7 Ellen Wahlstrom, 409 Elh Avenue NE, approached the Council with some questions pertaining to past budget information that she had received. In October. she had some information that showed the cash and investment balance for the 2002 Street Improvement Project. Wahlstrom questioned why the balance on the October statement was higher than that at the beginning of the year. Weyrens advised Wahsltrom that this is due to the fact that the revenue is received throughout the year and the bond payment is made at the end of the year. Since the project was financed with public funds (bonds), the fund will stay active for 15 years. Wahlstrom also questioned the financing of the Water Filtration Plant. Weyrens stated that the Water Filtration Plant was bonded for; however, re-payment will be through user fees and development fees rather than through tax levy. The current residents are only paying for the portion of the plant that is an enhancement, with the majority of the debt paid through development fees. In reference to some information received in August. Wahlstrom questioned the final budget revenue proposed for 2007. She stated that it appeared to be the same as the 2007 budget expenditures. Weyrens explained that when the City prepares its budget, they must first plan for the City's expenses and the shortfall is funded through the tax levy. Their being no one further to comment, the hearing was closed. Weyrens presented the Council with a summation of past budget meetings and presented the following budget cuts: 1. Potential Health Insurance Reduction 2. Potential Capital Reduction ($10,000) ($10,000) Proposed tax levy as of December 7,2006 $988,569 ($30,958) ($30,000) ($20,000) $907,611 The initial tax levy submitted on September 15. 2006 October Reductions November Reductions December Reductions Weyrens advised the Council that the 2006 Tax Capacity Rate was 48.577%. However, the suggested Tax Capacity Rate after all reductions is 49.46%, which results in a 0.879 Tax Capacity Rate Increase. Wick made a motion to notify the public that the Council will take action to adopt the 2007 Budget on December 21, 2006 at 7:00 PM. The motion was seconded by Symanietz and passed unanimously. Delinauent Utilitv Bill Hearina: Mayor Carlbom called the hearing to order. With no one present to speak, the hearing was closed. Zonina Ordinances - Amendments/Adoption: Weyrens stated that the Planning Commission spent several months working on updating the City's Zoning Ordinances. A public hearing was held on December 4. 2006. At that hearing, only one person spoke and it was regarding when the moratorium on signs would be lifted. The Council agreed to consider adoption of each Ordinance independently and those Ordinances requiring summary publication would be considered after all the Ordinances have been reviewed. Ordinance 52.11 - Reaulation of Sians: This Ordinance was updated to clarify the language allowed on signs within the City. Wick made a motion to adopt the amendment to Ordinance 52.11; seconded by Rieke and passed unanimously. December 7, 2006 Page 3 of 7 Symanietz made a motion to lift the moratorium on signs; seconded by Rassier and passed unanimously. Wick clarified that the Ordinance must first be published to be effective before lifting the moratorium. Weyrens stated that people can apply for sign permits, but they would not be issued until the Ordinance is published. The motion passed unanimously. Ordinance 52.21 - Transportation Corridor Overlay District Site and Desian Standards: The purpose of this Ordinance is to add aesthetics to the main corridors (Hwy 75, CR2, CR3, 20th Avenue). Wick made a motion to approve Ordinance 52.21; seconded by Rassier and passed unanimously. Ordinance 52.09 - PUD - Planned Unit Development Overlay District The purpose of this Ordinance is to set requirements and procedures for managing mixed developments. It also adds criteria for when credits should be given to developers. There is a clause that states that the developer cannot grade the land within 10 years of application for the PUD. Symanietz made a motion to approve Ordinance 52.09; seconded by Wick. Ayes: Symanietz, Wick, Rassier, Carlbom Nays: Rieke Motion Carried 4:1:0 Ordinance 54 - Subdivision Reaulations: This Ordinance was amended stating that park and trail plans are required as part of the Preliminary Plat process. Rassier made a motion to approve Ordinance 54; seconded by Wick and passed unanimously. Ordinance 51 - Buildina Ordinance: This Ordinance was amended to add regulations regarding the need for building numbers and key boxes. Wick made a motion to approve Ordinance 51; seconded by Symanietz and passed unanimously. Ordinance 56 - Fence Ordinance: This Ordinance was amended to add restrictions for installing fences over public easements. Symanietz made a motion to approve Ordinance 56; seconded by Rassier. Wick questioned why the fences must be made of maintenance free material rather than wood. Weyrens explained that wood needs to be maintained and therefore needs extra footage. Ayes: Symanietz, Rassier, Carlbom, Rieke Nays: Wick Motion Carried 4:1:0 Ordinances 52.27- R1 Sinale Family Residence District. 52.28 - R2 Two Family Residence District. 52.29 - R3 Multiple Family Residence District and 52.34 - LI Liaht Industrial District These Ordinances were amended to clarify the setbacks for accessory buildings as well as the maximum amount of impervious surface allowed. Wick made a motion to approve Ordinances 52.27, 52.28, 52.29, and 52.34. The motion was seconded by Rassier and passed unanimously. Ordinance 52.12 - General Performance Standards: This Ordinance was amended to clarify the setbacks for accessory buildings, as some require a building permit and others do not. For accessory buildings less than 120 sq. ft., a building permit is not required and there is a setback December 7, 2006 Page 4 of 7 of 5ft. Those greater than 120 sq. ft. require a permit and have a setback of 10ft. It also states that all accessory buildings must be placed in the backyard. Wick made a motion to approve Ordinance 52.12; seconded by Symanietz and passed unanimously. Ordinances 52.31 - B1 Central Business District. 52.32 - B2 Hiahway 75 Business District. and 52.33 - B3 General Business District: These Ordinances are being amended to allow for rentals within the City with the City having the authority to cancel the permit at any time. The purpose is to help the business districts convert from residential to commercial. Wick questioned whether potential businesses would need to wait to develop until the leases on those properties are up, to which he was told they would. Weyrens added that with the Interim Use Permits, conditions could be put on the individual properties. Rassier made a motion to approve Ordinances 52.31, 52.32, and 52.33. The motion was seconded by Rieke and passed unanimously. Ordinance 84 - General Parkina Ordinance: This Ordinance was previously amended; however, now there are some additional changes in regards to parking on the grass and the correct dates for no parking on City streets. Wick questioned whether or not the definitions in the Ordinance are standardized, to which Weyrens stated they are. Wick made a motion to approve Ordinance 84; seconded by Symanietz and passed unanimously. Ordinance 44 - Water and Sewer System Availability Charaes: Weyrens stated that this Ordinance was changed to remove a dollar amount for the WAC/SAC Charges and replace that with "the base rate for WAC/SAC charges shall be determined by Council Resolution". Rieke made a motion to approve Ordinance 44; seconded by Symanietz and passed unanimously. Wick made a motion to approve Resolutions 2006-041, 2006-042, 2006-043, and 2006-044 authorizing that the corresponding Ordinances be published by summary publication. The motion was seconded by Rassier and passed unanimously CITY ENGINEER REPORTS Safe School Grant - Ekola advised the Council that MNdof is again accepting applications for a grant program entitled Safe School Grant. The Grant provides funding for pedestrian improvements to school sites. She stated that in 2006, there were 76 applicants and of those 17 projects were approved with $1.7 million dollars being distributed. Local projects, such as the St. Cloud School District, Sartell and Becker, received funding in the past. Ekola posed the question to the Council as to whether or not they want to submit a grant application for a trail improvement to the new school site. Ekola suggested an 8' trail with a 6' aggregate base. The trail would begin at Iverson and continue to the entrance at Neary Street. Currently, the trail is planned to go in as part of the development and, as a result, it may not go in until the development process begins. According to Ekola, the cost to prepare the grant is approximately $2,500. The application is due by January 31, 2007. This has been discussed with the Park Board and they have agreed that if the grant funds are received, the developer would donate the same to the park development fund as he is required to construct the trails. Ekola stated that any grant application must have the support of the St. Cloud APO, the City and Stearns County. Ekola advised the Council that the School District is only allowed to submit one application and some question has arisen as to whether or not District 742 has the ability to come the St. Joseph application with the Westwood Application. December 7.2006 Page 5 of 7 There was some discussion as to who would be preparing the application. Weyrens stated that SEH has been asked to prepare the grant application; however Wick questioned whether or not District 742 could prepare the application with the assistance of SEH for maps and other information. Rassier stated that the funds for the preparation of the application could come out of the funds received for the trail. Carlbom stated that he would like to see the City work with District 742 and have them prepare the grant application. Wick made a motion to seek grant funds for the trail connecting Iverson Street to the new school site and authorize the expenditure not to exceed $2,500. The motion was seconded by Symanietz and passed unanimously. Water Treatment Plant Update: Ekola advised the Council that the contractor would have the project substantially completed by the end of February/early March. She stated that they would like to schedule another facility tour for the Council. MA VOR REPORTS Senior Farewell: Carlbom stated that he, along with Administrator Judy Weyrens and Police Chief Pete Jansky, met with the College of St. Benedict and St. John's to discuss ways to handle the Senior Farewell Celebration. He added that both St. Benedict and St. John's are billed for any overtime incurred due to the event. LELS: Carlbom was a part of the Union negotiations for the LELS Contract. He stated that things went very well and that they were able to solidify and implement the Springsted Study for the Police Department. Healthcare: According to Carlbom, the City will begin offering a second healthcare plan to its employees. The plan is a Health Savings Account and it will save money for both the City and the Employee. Park Board: Carlbom announced that there is an opening on the Park Board and he plans to appoint someone in January. PlanninQ Commission: According to Carlbom, there will be an opening on the Planning Commission as well as the City received a letter of resignation from Marge Lesnick. COUNCIL REPORTS SYMANIETZ Leaque of Minnesota Cities: Symanietz advised the Council that she attended the League of Minnesota Cities Conference Planning for 2007. They finalized some topics for discussion and began choosing speakers. WICK School Meeting: Wick reported that he attended a meeting at Kennedy School at which the School District had some preliminary designs available. Carlbom added that he would like to have those meetings broadcast on the cable channel. Weyrens added that she has met with the School District and the Developer again regarding the development of the new school. RASSIER Ordinances: Rassier commended the Planning Commission for their efforts on the recent Ordinance Update. December 7, 2006 Page 6 of 7 Boards/Commissions: Rassier advised residents to get involved with the various boards and commissions for the City. If anyone is interested in the Park Board, they can contact Dale Wick or they can contact him in they are interested in serving on the Planning Commission. RIEKE Oraanizational Meetina: Rieke advised the Council that the next Organizational Meeting is scheduled for December 13, 2006 at 7:30 AM. ADMINISTRATOR REPORTS Funds Transfers: Weyrens stated that, at the end of each year, there are funds that must be transferred between funds and presented the Council with a summary of proposed transfers. . Symanietz made a motion to approve the transfers as presented for 2006. The motion was seconded by Rieke and passed unanimously. Joint Powers Aareement: Previously, the voters approved the participation in the Regional Sales Tax which is managed by the City of St. Cloud. The City of St. Cloud agreed to prepare the revised Joint Powers Agreement (JPA) for the collection and distribution of the tax. While St. Joseph has been collecting the tax for 2006, we have not executed an agreement. St. Cloud was waiting until after the election to make one amendment that would serve all participating cities. Rassier made a motion to authorize execution of the Joint Powers Agreement for the collection of the regional sales tax. The motion was seconded by Symanietz. Wick questioned Section 7.2 which states that "Upon termination of this agreement, all property purchased or owned pursuant to this agreement together with monies on hand, shall be distributed to the current participants". He questioned whether that referred to simply Regional projects or City projects as well. Wick made a motion to table the execution of the Joint Powers Agreement for the collection of the regional sales tax until December 21,2006 in order to get clarification on Section 7.2. The motion was seconded by Rassier and passed unanimously. SCAWAC Report: Recently, City Staff has been working with the area Cities on the Wastewater Treatment Facilities expansion. Part of the discussion focused on the pool capacity and the premium for leased space. At this time, St. Cloud is looking to begin the approval process from the MPCA. Weyrens advised the Council that she modified the Resolution provided by St. Cloud to state that the City of St. Joseph agrees to continue discussing the cost methodology. Symanietz made a motion to approve Resolution 2006-045 Supporting the St. Cloud Area Wastewater Treatment Facility - Facilities Plan completed by Black & Veatch Corporation. The motion was seconded by Wick and passed unanimously. LELS Contract: Weyrens reported that the LELS contract was passed unanimously by the union. The Union agreed to the following: · Insurance: The City will be offering two different health insurance options: · The HSA will have an 80/20 Employer/Employee split with the deductible being fully funded in 2007 and negotiated thereafter. · The current plan will have a 70/30 split. · Waqes: The Union agreed to the implementation of the compensation portion of the Springsted Study. The Police Officers will receive four increases with an average 6.5% pay increase from 2007 -2008. December 7,2006 Page 7 of 7 · Vacation: For employees with 15-19 years of service, the amount of vacation accrued will increase from 180 hours to 200 hours/year. · Probationary Emp/ovees: Employees who working a Holiday during their probationary period will be given 60 days to use the hours earned. · Shift Differential: The shift differential will remain the same in 2007 and will increase by $0.05 in 2008. Rassier made a motion to accept the LELS Contract for 2007-2008. The motion was seconded by Symanietz and passed unanimously. Fire Board: The Fire Board has requested authorization to complete a compensation study for the Officers of the St. Joseph Volunteer Fire Department. The purpose of the Study is to find a way to adequately compensate officers of a volunteer Fire Department. Springsted has expressed interest in the study with an estimated expenditure of up to $ 5,000. As with all Fire Department expenditures, the costs would be split between the City, St. Joseph Township and St. Wendel Township. Wick made a motion to authorize the execution of an Agreement with Springsted to complete a Compensation Study for the St. Joseph Vounteer Fire Department for a cost of up to $ 5,000. The motion was seconded by Symanietz and passed unanimously. Sauk River Watershed District: Ekola advised the Council that the Sauk River Watershed District has been working on making some rules revisions. These revisions will have a big impact on municipalities. A letter was sent to the Watershed District and the intent of the letter was to slow them down in their rule making process. Ekola added that revisions have been made; however the rules have not yet been made available for a Public Hearing or Public Comments. Adiourn: Symanietz made a motion to adjourn at 8:40 PM; seconded by Carlbom and passed unanimously. <~{//(.y/t(2~4/!Z~& J~ V)Jeyrens" ..'. Administrator