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Council Agenda Item 4 a _
MEETING DATE: August 21, 2008
AGENDA ITEM: Minutes -Requested Action: Approve the Council minutes of
June 19 and July 17, 2008
SUBMITTEDBY: Administration
BOARD/COMMISSiONJCOMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION:
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Minutes of June 19 and July 17, 2008
REQUESTED COUNCIL ACTION: Approve the minutes of June 19 and July 17, 2008
June 19, 2008
Page 1 of 6
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, June 19, 2008 at 7:00 PM at the St. Joseph City Hall.
Members Present: Mayor Alan Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz and Steve
Frank, City Administrator Judy Weyrens
City Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry There, City
Engineer Randy Sabart
Others Present: Stearns County Engineer Mitch Anderson
Public Comments to the Agenda: No one present wished to speak.
Approve Agenda: Symanietz made a motion to approve the agenda with the following
additions/changes/deletions:
Delete 7 Representative Hosch -Legislative Update
Add 10a Liquor License Transfer -Storehouse
Add 10b Field Street Process -Update
Move 4d Interim Use Permit -Move as 10c under Administrator Reports
The motion was seconded by Wick.
Discussion: Schultz asked for clarification on the following items:
• 4b: Bills Payable -Schultz questioned how much onstructi of the Water Treatment
Plant is complete. Sabart advised the Coun 'I that f th unch items have been completed
and the contractor is working on warranty i
Schultz also questioned w r or the- a e to the APO. Weyrens replied that we
do pay a fee to th i a nd i on a Pita rate.
4e: Treasurer's port - s n the h End Expenditure report, Schultz questioned the
budget for Plann and in eyrens advised Schultz that those numbers were incorrect;
rather the depart t i ual/y under budget. The Fire Training fund also seemed to be over
budget to which s stated that while the expenditure is over budget, a portion of the
expenditure is grant funded which is illustrated on the revenue report. Schultz also had some
questions relating to the water fund. Weyrens advised the Council that the large payments made
from the water fund include:
o $370,000 for the water meter conversion
0 1 S~ half of the debt payment
o Residual transfers to correct the fund balance
With respect to the minutes of May 8, Frank clarified what he meant to say regarding the inspection of
rental properties. Frank stated that he meant that there may need to be additional inspections if there are
any identified problems or safety issues with. certain rental properties.
The motion passed unanimously.
Consent Agenda: Wick made a motion to approve the consent agenda as follows:
a. Minutes -Approve the minutes of May 8 and 28, 2008.
b. Bills Payable -Approve check numbers 000172-000177 & 040394-040442.
c. Capital Equipment -Authorize the purchase of simunition equipment.
d. Moved to 10c
e. Treasurer's Report -Accept the May 2008 Treasurer's Report as presented.
June 19, 2008
Page 2 of 6
f. Quarterly Gambling Report -Accept the 1 St quarter gambling report.
g. Transfers -Authorize the 2008 residual and operating transfers as presented.
h. Acceptance of gifts -Accept the donations and their purposes as presented (Disc Golf/Camping).
i. Capital Purchase -Approve the purchase of the manhole cover lift, spool gun and salt sander
replacement.
The motion was seconded by Frank and passed unanimously.
Stearns County -CSAH 2 Design: Stearns County Engineer Mitch Anderson approached the Council to
discuss the design of the CSAH 2 realignment. He stated that Stearns County is currently working on the
design for the improvements to County Road 51 between County Road 2 and County Road 50 and will
begin designing the County Road 2 bypass shortly. Anderson stated that previously the Council
requested that the road section for the realignment be constructed as an urban section, with curb and
gutter while Stearns County prefers to construct the road with a rural design. Anderson stated that it is
anticipated the road will have a design speed of 45 to 50 mph and as such an urban street section is not
compatible unless the City changed the curb design. Based on MnDot safety standards, curb should not
be used with speeds in excess of 40 mph as it becomes a safety hazard. Typically, in an urban section,
the roadway would be depressed with the drainage going over the curb as opposed to a rural section
where the ditches are used for drainage.
Frank stated that, originally, he was in favor of the urban section;. however, now he realizes the savings of
constructing a rural section. Based on safety and cost factors, the County is r commending that a rural
section be constructed. Frank added that the City is unable to spend $8 a regional human rights
office; therefore, the City should agree to the rural section due to vings. Rassier responded
that there are some items that the City needs such as a wa er. Asa ult, the City cannot make
decisions based on past Council actions. Rassier a ded th n C my R 2 near St. Stephen, it is
constructed with curb and gutter and the speed is r ed to .Base n the visions for the future
of this area, it would be a good idea to a tra n. A erson replie at the purpose of the
bypass is to go around St. Joseph voi a sl o mph as it is currently. If the purpose of
the alignment is not met, t oe of se ore ounty Road 2.
Rassier stated that he 'eves a rb sectio Id be best for this area based on the future plans for
this area. He understan hat it t 15-20 years for it to develop, but he would hate to have to
reconstruct the roadway lat a ue to lack of foresight. Anderson stated that they originally
planned fora 2-lane road ick agreed with Rassier and stated that, based on new discussions. of the
comprehensive plan; it is shown to be industrial/commercial in that area. He stated that the first access
point is a half-mile up the road and questioned whether people could reach the maximum speed by that
time. Anderson advised the Council that there will be turn lanes at the access points. He added that they
were asked to look at access, safety and mobility and they have addressed safety and mobility. Rassier
added that currently, the Business Parks do not have .rural roads as there have been standards set for the
business parks within St. Joseph.
Anderson questioned Rassier to what disadvantages he sees along County Road 75 as it is primarily a
rural section. Rassier advised Anderson that he would like to see no ditches along County Road 75 as the
appearance is not as nice as an urban section. Anderson stated that they were asked to look at realigning
County Road 2 to get the traffic out of town and speed is important when bypassing town. He added that
he appreciates the City's good gesture to pay the difference if the County were to construct an urban
section. Currently, this area is in the township and, as a result, the costs are that of the County.
Wick questioned whether or not they were in the design phase at this time. Anderson stated that they are
not, but will be shortly. Wick asked Anderson to look at the pros and cons of each design. Schultz
questioned what the County goal is for the reconstruction to which he was told it was to get traffic from
County 2 to County Road 3. Weyrens stated that they are not being asked to bypass the City, rather get
June 19, 2008
Page 3 of 6
the truck traffic out of downtown. Wick stated that he appreciates the County taking the time to talk to the
City about the reconstruction of County Road 2 as it may impact future development.
Rassier expressed his frustration with the fact that this, at one time, was one of the APO's top ten projects
and now it is not mentioned. Anderson stated that it has been removed from the APO's priority list as the
County does not want to wait for federal funding before constructing the roadway.
With respect to utilities, Sabart advised the Council that it does not matter whether the realignment is
constructed as a rural or urban section. The City will be constructing utilities on both sides of the roadway,
not in the roadbed as in some sections of the City.
Frank questioned the costs of this project to the City. Sabart replied that a couple of years ago, it was
estimated at approximately $700,000. He then questioned how this project will be financed and whether it
will be bonded for to which Weyrens it would be bonded with the Storm Water Utility serving as the
revenue source.
Wick re-stated his concern about the 1 mile stretch being 55 mph. He asked staff if they had any issues
relating to the proposed speed.. Sabart stated that he has no direct concerns and he can react to either.
He was asked whether or not curb and gutter affects development in other cities. According to Sabart, he
sees both urban and rural sections- in various other cities. He stated that there needs to be a balance
between being maintenance friendly and environmentally friendly.
Rassier asked for a timeline for this project. According to Anderson, the o begin the design phase
very soon. Weyrens suggested that the Council schedule a work the next couple of weeks to
discuss this issue. Anderson added that he could plan to at a work s sion as well if the Council
would like. Frank stated that he would like to see th fiscal i acts socia with this project. He then
questioned whether. or not the County is working w . Joh ersity f e County Road 51 project
to which Anderson stated they are.
Discussion of Commerce Alle s: b advis Council that the City has received numerous phone
Frank questioned how this issue has been dealt with in the past in St. Joseph or in other cities. Thene
stated that the alleys in question are high commercial alleys. The two alleys of concern are the east west
alley between 1 ~ Avenue NW and 2"d Avenue Northwest and both the north/south and east/west alley
between College Avenue North and 1 ~ Avenue NW. Thene stated that the area of concern is that
between Ash Street and Birch Street as well as the alley near Dr. Contardo. Weyrens suggested that the
City contact the affected property owners and get their opinion on the improvement of the alleys. Sabart
stated that there is the option of changing the construction materials, using calcium chloride or upgrading
to a concrete surface. Currently, the City uses class 5 gravel or crushed concrete. Sabart added that by
using crushed granite, which is more costly, they can reduce the amount of dust. He also mentioned that
potholes develop on gravel surfaces. Thene stated that in one of the areas, the gravel washes into the
storm sewer which causes problems for the City. Weyrens stated that the City has also received
complaints about the alleys between 1~ and second; however, they are not commercial alleys.
calls regarding the dust the all n the 2002 Street Project was completed, the surfacing of the
alleys were removed from ~ e t. At that time residents did not see a cost benefit from the
improvement and they wer dy being assessed for other improvements. Staff is requesting direction
from the Council as to whether they would tike to revisit the idea of paving alleys. Sabart stated that a
feasibility report has not yet been done, so he did not have the 2008 estimates to compare to those of
previous projects where the alley surfacing was included.
Frank questioned the assessment procedure. Generally, alley improvements are assessed on a 90/10
split. He questioned why the property owner is responsible for 90% of the costs, if the problems are not
June 19, 2008
Page 4 of 6
due to the property owners themselves. Sabart responded by stating that if the alley is improved, it will
add a benefit to the property owner. Schultz questioned the possibility of vacating the alleys. He was
advised that it was not possible to vacate the alleys as some serve as access to people's homes, there
are utilities in some of the alleys as well as the need for emergency personnel access. Frank then
questioned how the City could enforce the possibility of limiting the use to local traffic only.
Rassier questioned how much it would cost to improve the alleys. Wick stated that it would be best to
begin the process by surveying the residents impacted by the proposed improvements. Sabart stated that
it is best to deal with the drainage and sewer issues in these areas as well.
MAYOR REPORTS - No report
SYMAN I ETZ
COUNCIL REPORTS
LeaQUe of Minnesota Cities -Annual Conference: Symanietz reported that she attended the LMC Annual
Conference.. She stated that she was a speaker at the conference this year. She also announced that she
has been elected fora 2-year term for Women in City Government.
WICK
Leacaue of Minnesota Cities -Annual Conference: Wick stated that he attend the conference as well.
They spent a lot of time discussing the foreclosures process. He added is working on compiling all
of the information that they received to be distributed at a future also received the report from
the Coalition of Greater Minnesota Cities and that will be di d as we
Planninga Commission: Wick reported that the Pla
June 25 at 6PM to continue discussion- Con
will be meting on Wednesday,
SCHULTZ - No report ~`
FRANK
Street Strioinq: Frank co ent at the street painting looks very good. He questioned whether or not
the neighborhoods will be swell to which Thene stated they would.
Audio Devices for the Council Chambers: Frank stated that he has heard concern expressed regarding
the audio for those in attendance at the Council meeting. The hearing appears to be okay for the
television; however, those in the audience seem to have troubles hearing. He stated that in area cities
such as St. Cloud and Waite Park, they have devices for the audience to use to assist them with hearing
in the chambers.
St. John's University Planner: Frank advised the Council that St. John's University has hired a planner to
look at County Road 51. They have offered for that person to meet with the Planning Commission to look
at St. Joseph's Planning issues. He stated that this is a free service that he would like the City to take
advantage of.
Upcoming Election Information: Frank asked Weyrens to explain the deadlines for filing for office.
Weyrens stated that the primary election is the first Tuesday after Labor Day and those filing for office
must do so two weeks prior. There is a filing fee of $2.00.
Personal Website: Frank stated that he realizes his website is out of date; however,. residents are able to
email him to be added to receive his newsletter to get the latest information.
June 19, 2008
Page 5 of 6
ADMINISTRATOR REPORTS
Liquor License Transfer -Storehouse: Weyrens stated that the City Office has received a liquor license
transfer request for the Storehouse. The ownership is being transferred back to the original owners, Paul
Petrak and Bill Nelson, effective July 1, 2008. Weyrens stated that the City Office has received the
required information and the Police Department has conducted the background check.
Schultz made a motion to approve the Liquor License transfer for the Storehouse. The motion
was seconded by Symanietz and passed unanimously.
Field Street Update: Weyrens presented the Council a brief update on the progress of the Field Street
Study process. Previously the Council approved two corridor alignments to be forwarded for further
review. The two alternatives are:
• Along I-94 on the East side to Lake Sarah
• Over the Interstate to County Road 51
Weyrens stated the additional review has been completed and it is anticipated that the State Agencies,
Consulting Parties and staff representatives will be meeting in July to further 'scuss the alternatives. It is
possible that a final determination will be made at this time. Frank que whether the public was
welcome to attend to which Weyrens stated that she was advise not a public meeting.
Luverne Harris. Interim Use Permit: Weyrens state at th ann' Com sion recently conducted a
-public hearing to consider issuance of an Interim U rmit an own occupied rental unit) at
201 Minnesota Street East.
Schultz questioned whys eri s uest re pre t d to the Council as consent items and
others are agenda ite eyre st nerally presented as a consent item unless it does
not pass unanimously a e Plan g mmiss evel or the timing of the meetings are off and the
information is not availa prior t ac s being prepared.
The Commissioners questi he rental saturation in certain areas as well as the number of Interim
User Permits and how that was incorporated into the new Ordinance. Weyrens stated that it was not
included; rather they included more enforcement. According to Schultz, the saturation issue should have
been included. Frank stated that there are some concerns with the number of Interim Use Permits in this
area. According to Weyrens, there are only two Interim Use Permits in this area; the others are purely
rental units. The question was raised as to what is better, homes being foreclosed or having them turned
into rental units. Weyrens stated that she has received several calls requesting to rent their homes
without being owner occupied. Symanietz advised the Council that the Counties will be receiving grant
funds to assist with foreclosure education.
Schultz then questioned the following contingency to the approval of the Interim Use Permit:
• The property owner has been notified that the property is zoned R1 and the accessory buildings
cannot be used for a business unless specifically identified in the Ordinance. The property cannot
be used as a repair shop. Further, the City will enforce the parking and weed control.
He questioned why that was added to the Resolution of Finding as it is already in the City's Ordinances.
Weyrens stated that it was included to make him aware of the fact that it would not be allowed as there
were some concerns about him operating such a business.
June 19, 2008
Page 6 of 6
Schultz made a motion to authorize the Mayor and Administrator to execute the resolution of
findings granting an Interim Use Permit to Luverne Harris, 201 Minnesota Street W. The motion
was seconded by Frank and passed unanimously.
Uocoming Meetings: Weyrens advised the Council that a list of upcoming meetings will be going out
shortly.
Police Report: The May Police Report was included for Council Information. Frank questioned the
numbers of calls for escorts and clarified that they were escorting for funerals.
Adiourn: Wick made a motion to adjourn; seconded by Symanietz and passed unanimously.
Judy Weyrens
Administrator
July 17, 2008
Page 1 of 7
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, July 17, 2008 at 7:00 PM at the St. Joseph City Hall.
Members Present: Mayor Alan Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz and Steve
Frank, City Administrator Judy Weyrens
City Representatives Present: Finance Director Lori Bartlett, Police Chief Pete Jansky, City Engineer
Randy Sabart
Others Present: Brian Orcutt, Alicia Chapman, Sister Kara Hennes, Sister Paula Revier
Public Comments: No one present wished to speak.
Approve Agenda: Frank made a motion to approve the agenda with the following
additions/deletions:
Delete 3a -Minutes June 19
Add 7c -Updates
Add 11a -Space Needs Study/Appraisal
The motion was seconded by Symanietz and passed unanimously.
Consent Aoenda: Frank made a motion to approve the agenda as follows:
a. Minutes -Approve the minutes of June 5, 2008.
b. Bills Payable -Approve check numbers 040400-040531, 00188 and 000437-000438..
c. Application for Payment -Approve Pay Application a 20 Jade Road Improvements
and authorize payment to RL Larson Excavating in a amount of ,118.44.
d. Gambling Permit -Accept the Gambling A tion .Jose Lions for an event to be
held on September 13, 2008 at t .Jos at rket.
e. TIF Refund -Authorize ref 24, ar County for excess Tax Increment
received for TIF 1-4
f. Treasurer's Re - t 2 and 2 Quarter Financial Report to include
acceptance of th onatio f isc g camping.
Discussion: With regards t e Payable, Frank stated that there were some minor spelling errors. He
questioned the bills for K & ncare for mowing of several properties on Jefferson lane. Weyrens
stated that the City pays for the yards to be mowed and the property owner is then billed at a rate of
$60/hour. She added that the City is considering implementing a fine for yards that are not mowed.
Frank asked Bartlett for some clarification on the chart showing the Enterprise Funds Activities. He
questioned why the Expenditures are greater than the Revenues for the Water and Sewer accounts.
Bartlett explained that the Sewer expenditures are greater due to increased engineering fees and the
Water expenditures are greater due to the water meter replacements.
Schultz questioned whether work being done at the Water Treatment Plant is being billed to that
department. Bartlett advised the Council that al/ work done by the employees is coded by department.
The motion was seconded by Symanietz and passed unanimously.
St. Joseph Fire Relief Association. Annual Report: Brian Orcutt approached the Council on behalf of the
St. Joseph Fire Relief Association. He presented the Council with the 2008 Relief report which identifies
any liability that will require funding in 2009. Based on the audited report the relief fund will not have a
liability in 2009; however, the City has previously agreed to fund $ 3,000 towards the relief in any given
year where the fund is fully covered. There were some questions as to whether a retired firefighter is
separated or vested. Orcutt stated that, in order to be vested, they must have a minimum of 10 years of
service.
July 17, 2008
Page 2 of 7
Wick made a motion to accept the Fire Relief Report and authorize the Administrator to execute
the Fire Relief Report indicating that the Fire Relief has presented the report to the City Council
identifying the liability for 2009. The motion was seconded by Symanietz and passed
unanimously.
Interim Use Permit. Keith Eisenschenk: Weyrens stated that the Planning Commission held a Public
Hearing on July 7 to consider an Interim Use Permit for Keith Eisenschenk, 1306 Iris Lane. As he was not
present at the public hearing and Commissioners requested clarification on the submitted application, the
Planning Commission recommended that the Council deny the request for Interim Use. Weyrens stated
that one of the concerning items to the Planning Commission was the management of the property. The
City has had to mail notice of violation of the weed and outdoor storage Ordinances. Since the Planning
Commission meeting the outdoor concerns have been resolved.
Frank questioned what the options would be if the Council was to deny the request. Weyrens stated that if
the request were denied, the applicant could begin the appeal process or they could re-apply for the
permit. When questioned if residents were present at the public hearing, Weyrens responded that no one
appeared.
Wick stated that he would like to see this issue sent back to the Planning Commission for additional
consideration. Rassier stated that he is concerned about the tenants that are currently living in the home.
As a result, Frank stated he would like to see the request sent back to the Planning Commission with a
timeline. Weyrens stated that the City is bound by State Statute to act on the matter within 60 days of
accepting a completed action, unless the Council extends the timeline. T aline can be extended for
a specific purpose, such as clarifying the information on the applic t' eyrens requested the Council
extend the 60 day land use requirement 15 days, allowing t r to b eferred to the Planning
Commission on August 4, 2008. ~,
Rassier made a motion to refer the Int Use A cation of Kph Eisenschenck, 1306 Iris
Lane back to the Planning Comm' a ext 60 y land use requirement 15 days. The
motion was seconded by ni
Discussion: Schultz qua ned a to the of questions, besides proof of residency, that were
raised by the Commissio s. Wic to that they also questioned the number of cars and the fact that
they were not parked in th riv .They also questioned his response to the following question on the
application:
6. Will the property use depreciate the area in which it is proposed?
"No, 1 take care of my property as if /was the only one living there. "
They questioned how he will ensure that this is taken care of. Schultz questioned whether proof of
residency has been established to which Weyrens stated that we have proof of ownership. Jansky added
that the parking is an issue during winter parking restrictions..
Eisenschenk spoke to the Councilors and stated that the vehicles were parked in the road as they are
finishing the basement and the garage was full of building materials. Once the project is completed, the
cars will be parked in the garage.
The motion passed unanimously.
CITY ENGINEER REPORTS
2007 Jade Road Improvements: Sabart advised the Council that the Jade Road construction project is
nearly complete. They plan to begin the construction of the trail shortly. Sabart suggested that the City
delay the completion of the final lift of blacktop on Jade Road until the parking lot at the new school is
complete. This would result in the final lift of blacktop being completed in the middle of August. The trail
July 17, 2008
Page 3 of 7
has not yet been completed due to the late start to the construction season. He also suggested that the
lawn be installed in August rather than July. These changes have not yet been submitted to the
contractor, as he stated he would like consensus from the Council prior to submitting the change order.
Per Council consensus, this item will be brought back at the next meeting as a change order on the
consent agenda.
Water Treatment Plant Update: Sabart presented the Council with a letter he received from Timberweld,
the manufacturer of the timbers used in the construction at the Water Treatment Plant. Based on their
letter, it is stated that some cracking is normal due to changes in humidity. They also stated that based on
the initial calculations, the beams were sized correctly. Saban stated that they will forward this to an
engineer for review. Rassier stated that with the support beams that have been added, there shouldn't be
any more cracking. Sabart suggested that the City solicit the opinion of another structural engineer
separate from SEH.
There were some questions raised as to who would be at fault if the beams were removed and the
building were to collapse. Sabart stated that it would be a very widespread investigation if such an event
were to occur. Sabart concluded by stating that the manufacturer had no concerns as to the design and
weight loads of the beams.
County Road 2 Re-alignment: Weyrens stated that Stearns County is requesting a decision as to whether
the realignment of County Road 2 will be constructed as a rural or urban road section. Frank stated it is
his understanding that the extension of County Road 2 bypass to County Road 75 will be completed no
later than 2009. The County prefers to construct a 2-lane rural road with no curb or gutter; however, the
City would like to see an urban roadway with curb and gutter. The Count ggesting the rural roadway
to allow speeds of up to 55 mph; whereas, with curb and gutter, th um speed would be 40-45
mph. According to Frank, if the County constructs the rural r re ar o costs to the City. On the
other hand, if an urban roadway is constructed, it would co a Cit appr 'mately $700,000. Currently,
this section of County Road 2 is not in the City. He ed th al roa y would create less
environmental impacts. Sabart added th addi an utter, there maintenance issues with
snowplowing, etc. Frank then adde a 'ty I es nsible for changes to the roadway once
it is in the City. In his opinio str ing yp s a roadway may not be the best use of
City funds. Although th my f input from the City, it is a County project and the City
has no control.
Wick expressed concern th posed design for the re-alignment particularly: 1) impact of the road
design and the viability of th mess on Minnesota Street; and 2) the safety of the intersection of the
newly aligned CR 2 and Minnesota Street. Weyrens stated that design of the realignment is complicated
by the entrance/exit for 194 and the connection of Field Street. The design requires minimum distances
and safety factors. Stearns County will design the re-alignment of CR 2 with a free right so that those
who want to go to the downtown area do not have to stop. In addition, the County will allow a free right
into the development known as Gateway Commons. Wick questioned whether or not there will be a
controlled intersection at the intersection of County Road 2 and Minnesota Street. Sabart explained that
there will be a traffic signal if it is warranted. It was suggested that there be a road off of County Road 2
into downtown.
Schultz made a motion to recommend that the Courtity Road 2 bypass be constructed as a rural
roadway. The motion was seconded by Symanietz.
Ayes: Schultz, Symanietz, Frank
Nays: Wick, Rassier Motion Carried 3:2:0
Ordinance Amendment -Non Conforming Use 52.08: Weyrens stated that the Planning Commissioin has
been working on amending Ordinance 52.08, Non Conforming Use so that the Ordinance will be
consistent with Minnesota Statute. Recent legislation allowed non conforming uses to continue if the
structure is damaged beyond 50 percent due to an uncontrollable event such as flooding, winds or
tornado provided the property owner secures a building permit within 180 days of the event. The
July 17, 2008
Page 4 of 7
Planning Commission has unanimously recommended the Council accept the Ordinance amendment
causing the same to be published.
Frank made a motion to authorize the Mayor and Administrator to execute the amendment to
Ordinance 52.08, Non Conforming Uses. The motion was seconded by Symanietz and passed
unanimously.
Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2008-019
authorizing the summary publication of the amendment to Ordinance 52.08, Non Conforming
Uses. The motion was seconded by Wick and passed unanimously.
Park Boundary Survey: Weyrens stated that, previously, the Council authorized development of a Master
Park Plan to be completed by the Park Board. In gathering information about the City's parks, it was
determined that there is not adequate information to locate the boundaries of the parks. As a result, SEH
is requesting to do some survey work to assure that the City is developing within the City limits. Wick
questioned whether the park boundaries are accurate in the City's GIS system. Sabart stated that the GIS
is an accumulation of maps and data. He then questioned where the funds will come from to pay for the
survey work to be completed. Weyrens advised the Council that the funds will come from the Sales Tax
similar to the funding for the Master Park Plan.
Wick made a motion to accept the recommendation of the Park Board and amend the Master Park
Plan to include the Park Boundary Survey work, increasing the Park Plan cost an estimated
$11,850. The motion was seconded by Rassier.
Ayes: Rassier, Wick, Symanietz, Frank
Nays: Schultz Motion Carried 4:1:0
Lot Split Reouest: Weyrens presented the Council with a to lit re uest f teve Schirber, 712
Callaway Street East. Schirber is requesting auth tion t parc to two lots, with one lot
containing the existing house and the se lot fo de opment. W ens stated that the lot split
does create two legal lots with rega e k a I e ns. However, the vacant lot that will be
created contains an access ildi wh' s no mit out a principal structure. The property
owner has agreed to re c in o later than May 1, 2009.
Schultz made a motion appro th of split of Steve Schirber, creating two single family
residential lots as illustr d o e certificate of survey and authorizing the Administrator to
execute the Certificate of lance based on the removal of the existing accessory building on
or before May 1, 2009. The motion was seconded by Wick and passed unanimously.
Conservation Training Workshop: Weyrens advised the Council that the City has received an invitation
from Tom Kroll, Land Manager at SJU, to participate in a conservation training session as well as have
the City's Ordinances and Comprehensive Plan reviewed by their consultant. The Planning Commission
has already discussed this and had recommended that the City participate in the training if it pertains to
the City of St. Joseph. Weyrens stated that if the entire City Council, Planning Commission and EDA
attend the seminar, the anticipated cost would be $2,240. The Commissioners have declined the offer to
have the Comprehensive Plan and Ordinances reviewed at this time.
Rassier stated that he agrees with the Planning Commission that it would not be appropriate to have
someone else review the Comprehensive Plan at this time. Wick added that the training is a good idea if it
deals with real world issues based on St. Joseph. He added that the City has not begun looking at its
Ordinances yet, so it would not make sense to have them reviewed at this time. Frank, on the other hand,
stated that he does not understand why the City is reluctant to have a second opinion of the
Comprehensive Plan. He questioned whether it really is a liability issue for the City since they already
have a contract with MDG. Schultz questioned whether the Comprehensive Plan can be amended to
which Weyrens stated it can be amended at any time. She stated that the difference being a change in
land uses versus changes in development issues/practices. Schultz stated that it would not hurt to have
the Comprehensive Plan reviewed by a second party. According to Rassier, there is already a process in
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place and the public input meetings are yet to come. He would have an opportunity to review it at that
time and make comments.
Wick made a motion to accept the recommendation of the Planning Commission to participate in
Conservation Training with funding assistance from SJU through the Conservation Funding
received through the Legislature. The motion was seconded by Symanietz.
Ayes: Rassier, Wick, Symanietz, Schultz
Nays: Frank Motion Carried 4:1:0
15tH Avenue NE Extension: Weyrens stated that staff met with the Ted Schmid of Lumber One regarding
the extension of 15 Avenue NE as it relates to the Development Agreement for Northland Heights.
Based on the executed and recorded Development Agreement, Lumber was is required to extend 15tH
Avenue NE and extend Jasmine Lane East no later than September 30, 2008. Earlier this year Schmidt
appeared before the Council requesting relief of the requirement to which the Council indicated that
Jasmine must be extended and they were wilting to extend the requirement for 15tH Ave. Weyrens stated
that the developer has agreed to amend the Development Agreement to delay the extension of 15tH
Avenue upon one of the following occurring:
1. Sale of the property from Lumber One to third party
2. When 80°t° of the 88 lots in Northland Heights are sold
3. When development starts in phase 2 of Northland Heights
4. By September 30, 2012
Previously, the City entered into an agreement for Lumber One to pay for right-of-way costs and
acquisition costs including those associated with eminent domain, if that ' essary. She stated that
that agreement is still in place. Staff is not requesting to make any ents to this agreement.
Weyrens also advised the Council that the property on whi asmine Lan as to be constructed had
been sold to a third party. The issue with the sale 's pro a incl 'on of sewer. The water has
already been installed. Schmid stated th will ' h t ity to secur he needed easements for
the roadway and design for the con on. doe a nse to construct a street if the sewer is
not installed as it would nee e i alfe or t elo occurring. There was some question as
to how this property co ve n o t road being constructed. In the future, Weyrens
stated that the City will r ire pro o Hers eyrens stated that when the final details have been
completed an amendmen the D el rs Agreement will be provided for Council consideration.
MAYOR REPORTS
Meeting Change: Based on staff recommendation, Rassier suggested moving the meeting from August
7 to August 11 after the budget meeting. Therefore, the Council will have a budget meeting at 5:00 PM
and a Council meeting at 7:00 PM. The Council concurred with the revised meeting schedule.
Elections: With respect to the upcoming elections, Rassier stated that there are 2 City Council seats up
for re-election along with the Mayor seat. Filings open on August 26 and close on September 9 at 5:00
PM. He added that there is a $2.00 filing fee.
Coborns/Centra Care: Rassier stated that they have begun the roadwork for the Coborns/Centra Care
site near Hwy 75 and County Road 133.
FRANK
COUNCIL REPORTS
City Tour: Frank stated that he took part in a tour led by the EDA Director to various future development
areas near i94. They were able to view pictures of the potential development entitled Gateway Commons.
It was stated that the developers are working on updating their designs and will be presenting new plans
to the City for review. The plan includes construction of commercial, retail and professional buildings with
residential units on the upper level. He added that the developer of the proposed Gateway site actually
July 17, 2008
Page 6 of 7
owns more land around Lake Sarah than the Monastery and they plan to preserve Lake Sarah. Since this
property is land locked, they are in favor of a road such as Field Street to allow access to their property.
The Developer stated that they are ready to do a 70% build out on the property once it is approved, Frank
concluded that there is a belief that St. Joseph could grow fast once development begins due to the
proximity to I-94.
Human Rights: Frank advised the Council that he is still getting numerous phone calls relating to the
possible regional Human Rights office.
Centra Care/Pharmacy: Frank spoke with reference to the situation with Centra Care and the Pharmacy
in town and stated that there is nothing the Council can do.
SCHULTZ - No Report
WICK
Foreclosure Avoidance Workshoa: Wick suggested that the City hold a Foreclosure Avoidance Workshop
consisting of Lenders, Attorneys and residents. He stated that the hardest thing is to admit that you. are
having financial issues and this would be a good way of getting people together to discuss these issues.
He stated this would be a good service for the residents. He also suggested putting foreclosure
information on the City's website for residents to access.
SYMANIETZ
Park Board: Symanietz reported that the Park Board met to contin ork on the Master Park Plan.
The Park Board will be meeting jointly with the Park Board t the ion of the Comprehensive
Plan as it relates to Parks.
St. Joseph and the River Bats: Symaniet ised a unc at the Cha er will be sponsoring
another St. Joseph Event at the Riv s. ev t k lace on August 4 at 7:05 PM. Tickets are
$6.00 and can be purchase a tral nes a edit Union.
OLIC F REPORTS
June Police Resort: With r ec he monthly report provided by the Police Chief, Frank stated that he
would like to see a map sho hat areas of town the incidents are taking place.
July 4th Celebration: Jansky stated that this year's 4th of July Celebration drew the largest crowd and their
were few incidents. This event has become labor intense for the St. Joseph Police Department and we
may have to start relying on help from other jurisdictions. He added that he has already begun working
with the Committee for next year's celebration.
SUV Purchase: Jansky advised the Council that they have been actively looking. for a SUV for the Police
Department. At this point, he questioned the Council as to whether or not they want to proceed with the
purchase or not. If they are going to continue with the purchase, he questioned what steps should be
taken to purchase the vehicle. Wick stated that this purchase was already approved with the equipment
certificate. Weyrens stated that the Council could give the Police Chief approval for a purchase up to a
certain dollar amount. Frank questioned Jansky as to the type of SUV they are looking to purchase to
which he was told they were looking for a Tahoe. They have found a lease vehicle on a lot in Detroit. It is
a 2007 model and the price is $20,000. Jansky advised the Council that the current 4WD truck that the
department owns does not allow them to haul equipment, transport people or service the City.
Wick made a motion to authorize the Police. Chief to purchase a SUV for the Police Department
provided the total expenditure including all equipment does not exceed $35,000. The motion was
seconded by Symanietz.
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Discussion: Rassier questioned whether this piece of equipment is a necessity due to the state of
the economy.
Ayes: Wick, Symanietz, Schultz, Frank
Nays: Rassier
ADMINISTRATOR REPORTS
Space Needs Studv/Aoaraisal: Weyrens requested the Council consider authorizing the City Attorney to
complete title work on the Kennedy School site to determine if there are an encumbrances or restrictions.
The cost of the title work is approximately $ 1,000. If the title work comes back satisfactory and the City is
still interested in pursuing the property the Council should consider reviewing the appraisal or completing
a second appraisal.
Weyrens stated that the City should also consider hiring a firm to complete a space needs study to
determine if the Kennedy site is feasible for a City campus. Symanietz questioned whether this was done
by Springsted to which Weyrens stated it was not. Rassier stated that this study was included in the
budget for last year. This item will be brought back to the Council at the next meeting.
Symanietz made a motion to authorize City Attorney to complete title work on the existing school
site with an expenditure of approximately $1,000. The motion was seconded by Schultz and
passed unanimously.