HomeMy WebLinkAbout2009 [08] Aug 20August 20, 2009
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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 Thursday, August 20, 2009 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the
Pledge of Allegiance.
Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Bob Loso, Steve Frank
and City Administrator Judy Weyrens.
City Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry Thene, Police
Chief Pete Jansky, City Engineer Randy Sabart, City Building Official Ron Wasmund, City Rental
Inspector Gary Utsch
Others Present: Monte Eastvold
Public Comments: No one present wished to speak.
Agenda: Symanietz made a motion to approve the agenda as presented. The motion was seconded
by Frank.
Discussion: Frank clarified a section of the August 6, 2009 Minutes.
The motion passed unanimously.
Consent Agenda: Symanietz made a motion to approve the Consent agenda as follows:
a. Minutes -Approve the City Council minutes of August 6, 2009.
b. Bills Payable -Approve check numbers 041884-041929 and EFT numbers 000309-
000314, 000464-000465.
c. Acceptance of Gifts -Accept the donations and their purposes as presented.
d. Transfers -Authorize the 2009 operating transfer as presented.
e. Quarterly Gambling Report -Accept the 2"d Quarter Gambling Report.
f. Gambling Permit -Accept the Gambling Application of the St. Joseph Jaycees for an
event to be held on October 3, 2009 at the Stonehouse Tavern.
The motion was seconded by Loso and passed unanimously.
Bond Refinancing: Monte Eastvold approached the Councilors to present the potential refunding of the
2002 Water Revenue Bonds. He prepared a refunding analysis which shows the rates assuming AAA
rates. Although the City does not have the AAA rating; the State does and he suggested that this
refinancing be done through the State Public Facilities Authority [PFA). They offer loans to Cities for
water, sewer and storm sewer projects. He added that to receive this type of funding, the City must apply
to the State. He also provided them with a debt service comparison which indicated a savings of
$20,692.02. Those savings take into account all expenses associated with the refunding. He added that
the City must submit a request form to the state to enter into the credit enhancement program. With that,
there is an application fee of $500. Rassier questioned whether that is part of the issuance costs, to which
he was advised it is not. Eastvold advised the Council that, due to the size of this issue being relatively
small and short, he is not recommending a new rating review as it would not be cost effective.
Frank made a motion authorizing execution of Resolution 2009-019 relating to the issuance of GO
Water Revenue Refunding Bonds, Series 2009A. The motion was seconded by Loso and passed
unanimously.
Assuming approval from the State, Eastvold stated that this would be brought back in a month to conduct
the actual refunding.
Treasurer's Report: Bartlett advised the Council that the City has received the 15' half of its property tax
payments and its 15t half of the LGA. The LGA was reduced $44,185.50 due to the Governor's
unallotment. She added that, so far, the City has collected about 54% of its budgeted revenue and spent
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about 43%. According to Bartlett, there are some funds that show a deficit, but those will be taken care of
by the end of the year.
Frank made a motion to accept the July 2009 Treasurer's Report as presented. The motion was
seconded by Symanietz and passed unanimously.
Planning Matters
Annual Review of Interim Use Permits: Weyrens stated that the Interim Renewal process was modified to
collected additional data. The new process also requires a renewal fee of $ 40.00 which covers the
application processing. The applicant is still required to complete the rental license process and pay the
applicable fee. The City Office staff mailed notices to all property owners will active Interim Use Permits
as they relate to rental. Each of the applicants was sent an application for renewal and an affidavit of
residency which was to be returned along with the application fee and proof of ownership. Those that did
not complete the process were sent letters notifying them that their permit has expired. Since the
materials were distributed to the Planning Commission, Lieser and Ortmann have submitted their
completed application materials.
Wick made a motion to approve the renewal of the Interim Use Permits for the following
properties:
• Michael Bader
• Irma Hoffman
• Deutz Properties
• Deutz Properties
• Tom Dullinger
• Travis Fruth
• Crystal Hughes
• Christine Long
• Andrew Rose
• Linda Hutchinson
• Dale Schneider
• Brian Shields
• Ryan Pekarek
101 5th Avenue NW
1041St Avenue NW
30 Birch Street E
119 College Avenue N
34 College Avenue N
220 17th Avenue SE
415 7th Avenue SE
302 7th Avenue SE
606 Graceview Drive
133 5th Avenue SE
409 College Avenue N
321 Cypress Drive
114 1St Avenue SE
The motion was seconded by Symanietz.
Discussion: Frank questioned whether or not there are issues with any of those properties that
have completed the paperwork. He was advised that 409 College Avenue N had multiple
violations such as weed and snow removal notices. Frank then questioned whether the $40 fee is
enough to meet the cost of this and whether other cities charge the same fee. Weyrens stated
that the purpose of the fee is to cover the cost of sending out the applications, etc. Rassier stated
that we need to make sure that those who did not reapply are not renting. Jansky advised the
Council that they are working on these types of issues and, in the future, administrative citations
will be issued.
The motion passed unanimously.
Special Use Permit, Outdoor Sales: Weyrens stated that the Planning Commission conducted a public
hearing on August 3, 2009 to consider a Special Use Permit to allow outdoor sales. The property is
located at 213 Cedar Street Easton the same site as the used car lot recently approved by the City
Council. The property is owned by Brothers One and the facility has been divided into two suites. Both
property owners share the parking area.
The application for outdoor sales has been submitted by Anne Schwartz. Her intent is to operate an
outdoor market every Sunday between the months of May and October, as well as operate a retail store
that will be open every Sunday when the outdoor market is in operation as well as one weekend per
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month. Since outdoor sales are not listed as a permitted use, it was interpreted that the outdoor market is
similar to a Farmers Market which is allowed in the 62 Zoning District by issuance of a Special Use
Permit. The Planning Commission recommended approval of the Special Use Permit with the condition
that the outdoor sales are limited to Sundays between the months of May and October and the vendors
must be located in the rear of the building.
Frank made a motion to authorize the Mayor and Administrator to execute the Resolution of
Findings issuing a Special Use Permit to Brothers One, allowing outdoor sales in a B2 Highway
Business Zoning District with the conditions stated above. The motion was seconded by Wick.
Discussion: The outdoor market will be open from May through October and it was clarified that
they will sell other items inside at other times. It was questioned whether or not there were any
issues with parking at the hardware store which there have not been. Rassier stated that the only
issue deals with temporary signs which are not in the City limits.
The motion passed unanimously.
September Meeting: Since the September Planning Commission meeting falls on Labor Day, the meeting
has been moved to August 31.
Building Official Report
Ron Wasmund, Inspectron Inc, approached the Councilors to give a brief summary of the Building/Rental
Activity.
Building Permits: Wasmund presented the Council with the Permit Activity from January 1 through August
15. So far this year, there have been a total of 161 building permits with revenue of $67,083. With the
addition of plumbing and mechanical permits, the total number of permits is 237 with $73,541 in revenue.
He stated that there have been four new homes this year compared to 7 last year. Wasmund added that
there were two new commercial projects as well: Coborns and the Central MN Federal Credit Union. CSB
has also added a health center, but that was not a new building. In conclusion, Wasmund stated that the
City is a little ahead of last year. He anticipates the S & H apartment project and two more single family
dwellings. He added that St. Joseph has issued more permits than any other jurisdiction that they
represent. They represent the following communities: Paynesville, Richmond, Rockville, and Commercial
for St. Augusta, and Lyndon Township. Given the economy and the forecast, Wasmund stated that St.
Joseph is doing pretty well this year. He concluded by reporting that 639 inspections have been
generated this year.
Rental Housing: Wasmund reported that, to date, 96 licenses have been issued for rental housing which
accounts for 224 units being inspected and passed. There are 40 properties/licenses that have had their
first inspection, but the re-inspection has not yet been completed. Symanietz questioned the time frame
between inspections to which Wasmund replied is generally 30 days. He added that, as of August 14, 27
properties have not yet called for their first inspection. 10 of those properties are scattered throughout the
City, 10 of them are the townhomes on Iverson which are vacant, and the remaining 7 belong to Sand
Companies. He added that they have had contact with Sand Companies and they have not yet
established their inspection date.
Wick questioned those that have not yet renewed their rental license. According to Wasmund, they
should be renewed prior to August 15. The permit for those that have not scheduled an inspection or
complied with the ordinance requirements have technically expired and it would be up to the council for
suspension of that license. A list will be turned over to the Police Department.
Frank stated that he wanted to get a sense of whether some of the property owners do the bare minimum
such as slapping on some paint and leaving the basic things unfinished. After hearing from both parents
and students, he stated that he disagrees with Weyrens' comment that the parents have different
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expectations of what the license requirements are. He questioned how our standards relate to other Cities
that are represented by Inspectron.
Wasmund stated that his firm performs the rental inspection for the City of Northfield which has a large
student population. The typical rental homes in Northfield are older homes that were built prior to the
adoption of building codes. Most rental housing codes include provisions from the State Building Code as
they relate to health/Safety. However, a recent court case has determined that homes constructed before
the adoption of the State Building Cold cannot be required to comply for the purpose of a rental license.
Wasmund advised the Council that they can enforce the rules that are contained in the rental housing
ordinance, but that cannot contain anything which is found in the building code. Those ordinances
regulate the condition of the home. The inspection requirements in St. Joseph are similar to those in
Northfield. Frank questioned how our inspection fees compare. Currently, St. Joseph charges $75/unit
with a graduated fee schedule for multiple units. Wasmund stated that Northfield is still at $53/unit;
however, they chose to keep the fee consistent and enforce the new ordinances. Due to the extra time it
takes to complete the inspections, they are losing money. St. Joseph, on the other hand, is fairly close to
breaking even.
Frank asked Wasmund if he could add any provisions (s) what would they be and why. Wasmund stated
that he wished that rental properties would be required to install hard wired smoke/carbon monoxide
detectors. The most common correction is lack of battery for smoke detectors. He recognizes that this
will not be required based on the recent court case referenced above. He would also like to see
stairways comply with the current building codes. Many of the rental properties are older homes and an
area that may have once been used to store canned goods may now be used as a social room. He would
like to see some changes made; however, they are in conflict with the building code.
Based on a conversation during the Council/Staff workshop, Frank questioned the building permit process
and the length of time before an inspection is completed. Wasmund stated that, in some cases, a project
is completed prior to a permit being pulled. The inspector reacts when the permit applicant calls to
request an inspection. For example, it has been a trend with furnace change outs that the contractor will
ask the homeowner to call for an inspection so it is convenient for them. He stated that they can try and
educate the contractors more. There has been some discussion about allowing repeat contractors to file a
self certification form; however, that has not yet been put into law.
According to Rassier, things have changed quite a bit over the last five years. Wasmund added that there
is consistency with both the building and rental housing inspections. The City has had the same rental
inspector for the past four years. Wasmund added that, this year, they had the greatest amount of first-
time inspection compliance as people are becoming accustomed to the rules. Rassier stated that he
would like to see a little more follow through with the conditions set forth in developer agreements. For
example, there have been some buildings that have asked to add on and, based on the developer
agreement, they were to bring the older portion into compliance and they have not.
City Engineer Reports - No Report
Public Works Director Reports
Baker Street Lift Station: Thene reported that, during the recent storm, the Baker Street Lift Station
suffered damage due to the controls. Fortunately, there were no sewer back-ups in any homes. Frank
questioned if there is a back-up generator for the lift station. Thene stated that it is set up pretty good right
now, but they can pull a generator to it, if needed. He stated that things are now back to normal, but not
all of the bills have been received yet. Symanietz questioned if there was any other damage reported to
which Thene stated he wasn't aware of any other damage.
Well Repair Thene advised the Council that there are some repairs needed for Well #3. He stated that he
has one quote of $5,300.
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Police Report: Frank stated that he had been looking at the monthly police report and questioned the deer
permit. Jansky stated that there are some rural areas within the City limits and people are allowed to hunt
on those properties. They must first come to the City to get a permit to hunt within the City limits. If they
are not the property owner, they are to provide a letter stating that they are allowed to hunt on that
property. He stated that they can hunt with both gun and bow.
Mayor Reports
2010 Budget: Rassier reported that the Council has met several times to review the proposed 2010
General Fund Budget and Capital Improvement Plan. He stated that staff is doing excellent job and the
budget is looking good. He added that the Council will begin looking at some new capital improvement
projects.
Council Reports
SYMANIETZ - No report
WICK
EDA: Wick reported that the Partnership is in the process of planning their annual conference/site tour.
This year the Cynthia Smith-Strack, St. Joseph EDA Director will be a part of the presentation and the
tour will include some St. Joseph site.
LOSO - No report
FRANK
Budget: Frank stated that the Budget is the single, most important document that a government body
deals with and generally does not get a whole lot of attention. Staff did a good job on the budget. He
advised the residents that the budget documents [Operating Budget, Capital Improvement and Equipment
Certificates] are on the website. He questioned when it is to be certified to which Weyrens stated
September 15. She anticipates that it will be ready by September 3.
Administrator Reports
Jasmine Lane Extension: Weyrens reported that she received a petition from property owners in
Northland Heights regarding the extension of Jasmine Lane. She hopes to have an update on the
process at the next meeting.
Weeds: Weyrens stated that there have been several weed complaints this year and presented the
Council with a report indicating the properties notified and those that the City had to make arrangements
to be cut. The report illustrates that 188 notices have been sent out to date, with 25% of the properties
rental. In addition, of the 188 notices served, 25% of the properties were cut by the City and billed back
to the property owner.
Budget: Weyrens reminded the Council of the budget meeting scheduled for Tuesday, August 25, 2009.
Adjourn: Wick made a motion to adjourn at 8:10PM; seconded by Symanietz and passed unanimously.
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