HomeMy WebLinkAbout[04a] Minutes Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, August 5, 2010 in the St. Joseph City Hall, opening the meeting with the Pledge of
Allegiance.
Members Present: Mayor Al Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso
and City Administrator Judy Weyrens
City Representatives Present: City Engineer Randy Sabart, Public Works Director Terry Thene, City
Attorney Tom Jovanovich
Others Present: Cory Ehlert, Ann Oberman, Sue Palmer, S. Kara Hennes, Diane Hagmann
PUBLIC COMMENTS TO THE AGENDA
Ann Oberman spoke to the Council on behalf of the College of St. Benedict regarding the new Utility
Ordinance. She gave the Council a brief update of the ongoing sewer discussions between the City and
the College. According to Oberman, there is still work to be done. In 2007, the College hired Tom
Matthews as their attorney, then in 2009, they hired Michael Benussa to review the accounting and then,
in 2010, they hired Keith Yapp from Boonestroo as their engineer. Over a year ago, the City and the
College met to resolve some old billing issues. At this time she stated that the old billing issues have all
been resolved. The City toured the College to look at its infrastructure and came to the conclusion that
they should look at metering. Both sides have been working to draft a new agreement. Approximately
three weeks ago, the College agreed to go ahead with the metering. They hope to have that operational
by the end of the year. The cost to do that is more than $100,000.
Oberman stated that they are aware that the City Council is considering a change to the Sewer Rate
Ordinance. They would like time to review the proposed Ordinance. She advised the Council that they
have asked their attorney to review the proposed Ordinance and comment. According to representatives
on behalf of the College, they feel that the proposed Ordinance fails to reflect contractual rights and
obligations between the City and the College. She asked the City not to act on this at this meeting. They
would like to schedule another meeting with a third party mediator.
Approval of the Agenda: Wick made a motion to approve the agenda with the following
additions/deletions:
4(c) Grant Acceptance — Frank stated that he would like this item pulled as Chief
Jansky was not present.
10(b) Resolution to support Airport in St. Cloud
The motion was seconded by Symanietz and passed unanimously.
Consent Agenda: Wick made a motion to approve the consent agenda as follows:
a. Minutes: Approve the City Council minutes of July 8 and July 12, 2012.
b. Bills Payable: Approve check numbers 043072 - 043174 and EFT numbers
000432 - 000440 and 000510 - 000511.
c. Moved for discussion.
d. Strong Beer License: Approve the issuance of a Strong Beer License to Bo
Diddley's Deli.
The motion was seconded by Symanietz and passed unanimously.
4(c): Grant Acceptance: Weyrens questioned Frank to what questions he had regarding the grant. He
stated that his only question is why it is to be used to focus on the illegal sale of liquor at party houses.
Weyrens advised Frank that this grant is specific for that type of use.
Frank made a motion to accept the grant award from the Minnesota Department of Public Safety in
the amount of $4,500 to be used for alcohol enforcement. The motion was seconded by Wick and
passed unanimously.
Tri -Cap Busing Opportunities: Weyrens and Frank, reported on the activities of the Transportation
Alternative Study Group. The subcommittee consists of the following:
• Dean Liedholt Central MN Council on Aging
• Linda Elfstrant Tri -Cap
• S. Kara Hennes St. Benedict Monastery
• S. Thomasette St. Benedict Monastery
• Steve Frank City of St. Joseph
• Judy Weyrens City of St. Joseph
• Rick Schultz Interested resident
Weyrens reported that the City has an opportunity to provide two day a week dial a ride bus service to the
residents of St. Joseph through Tri -Cap. Tri -Cap is already serving the area; however, people forget that
it is available since they serve such a large area. Tri -Cap is proposed to offer service to residents of St.
Joseph twice a week between the hours of 9AM and 3:45PM. The service would provide door to door
service to locations within a 20 mile radius. The buses can hold between 9 and 16 persons and are
handicap accessible. The cost of the proposed program would be $2,400.
Schultz, a member of the group, is also a member of a local service club and he advised the group that
they may be able to contribute some funds. Frank stated that, in his opinion, this would be a good use of
sales tax funds as there is a regional need for transportation. The monastery may also be willing to
contribute some money. Weyrens advised Frank that he Sales Tax funds can only be used for capital.
Frank suggested that we work with the Legislature on this. Why have the money sitting there when there
is a need for the funds?
Tri -Cap is asking the City to execute a 15 month contract to start and then continue with yearly contracts.
Either party could opt out at any time with a 45 day notice. The proposed service is for all of the residents
in St. Joseph, not only for limited groups of people. If other groups donate to the service, the City cost
would be less. The fee to use the service would be $6.00 round trip. Elfstrand was present at the meeting
and she stated that this service would be exclusive to St. Joseph and would be used as a baby step to
see if more service is needed.
Rassier stated that he would like to look at this during the budget process as he feels that this needs to
be put into budget perspective. Wick asked the Council for consensus as to whether or not they think this
is a good idea and if so, move it forward. There was consensus from the Council to move this forward.
Staff was directed to forward the contract on to the City attorney for review.
EDA REPORTS
Rental Housing Study Group: Wick stated that the EDA is requesting the Council authorize the
establishment of a study group to facilitate the housing transition due to the decision of the CSB /SJU to
implement a four year residency program. This would be an AdHoc Committee. Frank stated that he
feels the landlords should deal with this issue on their own. He does not feel that the City should use any
more money on such. Rassier replied to Frank stating that no more of the City's money would be spent as
meetings would be held when the EDA Director staffs the office. He added that this is the City's problem
as well since the City will be affected by the changes and we need to find ways to transition these homes.
Wick advised the Council that this group would report back to the Council. Frank does not want to "bail"
the landlords out. He stated that as a landlord, you win some and you lose some.
Symanietz made a motion to authorize the EDA to form a working group to examine transition
strategies related to rental housing changes due to the CSB /SJU residency requirement. The
motion was seconded by Loso and passed unanimously.
Solicitation of projects: It was stated that the EDA is looking to solicit interest from business owners and
entrepreneurs who are ready to develop and need assistance. The EDA is looking to get the word out by
use of a press release to let business owners know of some stimulus money that may be available for
either start-up or expansion. The incentive program is set to expire on July 1, 2011.
PLANNING MATTERS
Borresch, Interim Use Permit: Weyrens reported that the Planning Commission recently conducted a
public hearing to consider and Interim Use Permit to allow outdoor sales of storage buildings at property
located at 8856 Ridgewood Road. The property is currently zoned B2, Highway Business. Borresch
started the process in April, but due to Ordinance compliance issues on his properties, the matter was
tabled to the August Planning Commission meeting. At this time, Borresch has brought his property into
compliance and the Planning Commission recommended issuance of an Interim Use Permit to allow the
sale of outdoor storage buildings.
Loso made a motion to accept the Planning Commission recommendation to allow the outdoor
sales of accessory buildings with a display limit of seven, all of which must be located behind the
existing sidewalk, the permit will expire on August 5, 2012 at which time Borresch can approach
the Planning Commission for an additional two year extension. The motion seconded by Wick and
passed unanimously.
Weyrens added that Borresch is also requesting an extension of his existing Special Use Permit for the
display and sale of trailers at 917 Minnesota Street E. When the original permit was issued, there was a
requirement that if the trailer sales extended beyond three years, the property would need to meeting the
requirements of the Zoning Ordinance. Specifically, the property must meet the parking lot standards.
Frank questioned the difference between a Special Use Permit and a Variance. Jovanovich advised the
Council that a Special Use /Conditional Use Permit is gives the City more control, and the property owner
is required to meet certain conditions. A Variance, on the other hand, is used when a particular use is a
permitted use, but there are some Ordinance requirements that are not met. The property owner is
required to show proof of a hardship that is not a result of their own actions. The Supreme Court rules
that the property owner must be able to prove that the property cannot be put to any other use. Frank
stated that the City continues to allow Special Use Permits. He questioned whether or not those are
permanent to which Weyrens replied that a Special Use Permit stays with the property. Jovanovich added
that an Interim Use Permit, on the other hand, stays with the owner, not the property.
North Country Trailer Sales: Weyrens reported that North Country Trailer Sales is requesting that the City
allow parking of vehicles on the east side of the structure in the area that is not paved. The property
owner is requesting the Special Use Permit to be amended to allow the parking for a two year period and
if after that the area is used for outdoor display the area must meet the requirements of the Zoning
Ordinance in affect at that time. Loso questioned whether the Council has a choice on this matter.
Weyrens replied that the Council must take action. This is a land use request and the same type of
request has been honored for other properties. The Planning Commission recommended that they be
given two years to meet the ordinance requirements. Rassier stated that they originally parked all their
vehicles on the tarred area and now they want to extend their parking, but need some additional time to
comply. Wick stated that the property owner is requesting to allow additional parking as they want to keep
their vehicles separate. They met with the City Building Inspector and Public Works Director and they
have agreed to keep the vehicles out of the ditch and expand the area behind the building. Rassier stated
that he does not believe that this is an unreasonable request. Loso agreed and stated the he would like to
see an end date rather than to just leave it for two years.
Frank questioned if there are any differences with drainage for areas that are tarred vs. those that are
cement. Sabart replied that they are the same from a calculation perspective. He added that there is more
erosion with gravel rather than pavement. Loso clarified that, if the property is sold, the Special Use would
stay with the property. Jovanovich responded that a stipulation could be added to the Special Use Permit
if the property is sold. Weyrens suggested that the Council allow for the parking of vehicles on the gravel
area until August 1, 2012 or until the property is sold.
Loso made a motion to accept the recommendation of the Planning Commission to allow for the
display of vehicles on an area not improved with bituminous until August 1, 2012 or until the
property is sold. The motion was seconded by Frank and passed unanimously.
Proposed Development, Arcon: Weyrens stated that the City has been approached by a developer to
consider a plat to develop a portion of the property known as Rivers Bend. Previously, the Planning
Commission and City Council considered and approved a preliminary plat entitled Rivers Bend. The plat
encompassed over 300 acres and was proposed to be developer over a ten year period. At this time a
developer has come forward to develop a small patio home portion of the plat on the east side of CR 121.
Due to the economic conditions and risks the developer is assuming, they are requesting the City
consider changing how the City collections the WAC /SAC fees. The request is to allow the WAC /SAC to
be paid in two installments, with one -third paid with the building permit and the balance paid at issuance
of Certificate of Occupancy or within 12 months whichever comes first.
The first phase of the development is important for Arcon because, as if it is done right, it will set the
stage for the rest of the development. Weyrens advised the Council that the parkland has already been
predetermined for the plat; however, the current agreement states that the park improvements would be
completed by September 30, 2010. They are asking the City to delay the improvements.
Cory Ehlert approached the Council on behalf of the developer. Frank advised Ehlert that he likes the
project; however, he has several issues.
• He understands that the City may be doing some smaller projects, but he wants to the City to
avoid issues such as those in Graceview Estates.
• Previously, the CMBA approached the Council and asked the City to review its policy for the
collection of WAC /SAC fees. He would like this to be a matter of public policy not on a case
by case basis.
• Frank addressed the issue of tree preservation. He stated that the City has nothing in the
Ordinance relating to this. Weyrens advised him that the Developer Agreement that has been
executed between the City and Arcon took that into account. Sabart agreed and stated that it
was already addressed.
• Does this development require any more environmental review?
• Is the property owner current on the assessments?
Loso stated that the "playing field" is level and this developer is asking for a favor. Rassier suggested that
this be a guideline for future development. He stated that the proposed development is exactly what was
originally proposed for this area. Due to the economic times, there is no revenue to do the park and he
suggested pushing the parkland requirements out further. Wick stated that they are requesting to pay for
1/3 of the WAC /SAC fees with the original building permit and the balance at closing. Symanietz
questioned the parkland dedication. Weyrens stated that staff will need to work with the developer to
agree on an amended date for the parkland improvements. According to Rassier, this development has
no bearing on the overall park improvements.
Wick made a motion supporting the change in the collection of WAC /SAC fees and directed staff
to work with the developer on a date for the park improvements. The motion was seconded by
Frank.
Discussion: Frank stated that he would like to see staff look at the environmental impact of the
removal of trees. He would like to see the City moving towards a better use of land, rather than
endorsing huge lots. Frank questioned when the developer would like to begin construction.
Ehlert responded that they would like to begin construction in late fall /early winter. The original
plan called for 93 lots, they are looking to begin with 8. The average lot is 52' wide. Ehlert advised
the Councilors that the proposed development will have 80' wide lots. He added that there is a
demand for wider lots as people want more space.
The motion passed unanimously.
Utility Ordinance: Weyrens presented the Council with a draft Sewer Ordinance. She stated that the
proposed ordinance reflects how the sewer use is currently being charged. It also includes a section
relating to contract users being charged similar to the residents. She stated that a public hearing will be
held each year to set the rates to be charged; however, a hearing is not required for adoption of the
Ordinance. Loso stated that he read it in detail and finds it to be very precise. Rassier stated that he
believes it clears things up for customers. Wick questioned the next step in this process. Weyrens replied
that the other two utilities will be added to this Ordinance and it will be brought back in final form for
approval.
Loso made a motion to bring this Ordinance back in final form for adoption. The motion was
seconded by Symanietz.
Discussion: Frank stated that he appreciates all the work that has been done on this. It has been
over a year since the discussions began between the City and the College of St. Benedict with reference
to their utility rates and he stated that a lot of progress has been made. Jovanovich stated that there are
some things that he and their attorney do not agree on. Weyrens stated that the committee will most likely
meet one more time to incorporate any other items or comments. Jovanovich stated that the City is trying
to put everyone on a consistent billing system and staff believes that they should pay for their share of the
usage. He added that he reviewed the documents from St. Bens and it is apparent that they do not want
to increase their capacity and the City has made decisions based on that capacity. He also stated that we
do have some evidence that they may be using more than agreed upon. To put this in perspective,
Rassier stated that the goal is for everyone who uses system to pay their fair share.
The motion passed unanimously.
ENGINEER/PUBLIC WORKS DIRECTOR REPORTS
16 Avenue SE Improvements: Sabart advised the Council that the City is in the process of reviewing the
contract with JR Ferche. He added that Xcel is scheduled to locate utilities next week and construction
will start soon after. He explained that the City is still working out insurance coverage details.
Enerav Grant: Thene explained the City received an energy grant for the lift station improvements. This
project is required to pay federal wages and thus contractors were asked to re -quote their services. This
will increase the total amount to $30,176 from $26,762.
Wick made a motion to execute the amendment to the Grant Agreement. The motion was
seconded by Symanietz and passed unanimously.
West Minnesota Street Improvements: Thene reported that, beginning on August 9, the County will begin
the improvements along West Minnesota Street from the intersection by JR's and the entrance to the
College and 3' Avenue NW. He advised the Council that they will not be doing the shoulders. Weyrens
stated that eventually this street section will be turned over to the City. There was some discussion about
the long term plan for this road. Sabart stated that it would be an engineering process, but the next step
would be an overlay which is typical for roads between 15 and 20 years old. Frank stated that some
residents would like to have the speed limit changed in that area to which Sabart stated that there are
several things that affect the speed limits.
ADMINISTRATOR REPORTS
Bond Issue — 2010 16 Avenue SE Improvements: Weyrens advised the Council that the City will be
issuing a bond for the 2010 16 Avenue Improvements. The proposed bond amount is $805,000.This will
be payable through tax levies, storm water fees and special assessments. This bond will be payable over
15 years at an interest rate of 5.5 %.
Air Service: Weyrens stated that the City of St. Cloud is in the process of trying to attract a new carrier for
the St. Cloud Regional Airport and is requesting area Cities to adopt a resolution of support.
Wick made a motion to adopt resolution 2010 -018 supporting an application to the US DOT for a
Small Community Air Service Development Grant to help enhance air service at the St. Cloud
Regional Airport. The motion was seconded by Symanietz and passed unanimously.
MAYOR REPORTS
Police Report: Rassier stated that the Police Report for July 2010 has been included in the packets for
informational purposes only.
Mayor /Council Filing: Rassier stated that August 17 is the final date to file for City Council or Mayor.
Interested persons can file for office at City Hall and the cost is $2.00.
COUNCIL REPORTS
SYMANIETZ
Park Board: Symanietz stated that the Park Board, along with Stearns County, is applying for a grant to
get the City's monument, located in Monument Park, on the National Registry. They may receive up to
$7,000.
WICK
St. Cloud Economic Development Partnership: Wick reported that the St. Cloud Economic Development
Partnership is conducting a 4- county area study. He stated that interested persons can comment online.
Supreme Court Decisions: Wick stated that they received information regarding recent Supreme Court
decisions. Many of them deal with due process and how to handle land use issues. Rassier suggested
that the Planning Commission and City Council meet to discuss these processes. Loso stated that the
Council should make decisions on fact, not opinion.
LOSO
Fire Board: Loso stated that he attended the Fire Board meeting at which they authorized sending two
members to the Fire Chief Conference. He added that there will be two new firefighters attending the Fire
Fighter 1 class and one attending the First Responder Class. Those will be paid for through a grant. They
also approved the purchase of two new desktops to allow them to tie into the City's server. He added that
an AdHoc committee has been set up to look at the possible purchase of a new tanker truck. There are
three or four vehicles that are getting up there in years and may need to be replaced.
FRANK
County Seal Coat Process Update: Previously, the Council discussed sending a letter to the County
regarding their seal coat process. He asked for a progress update on the memo. Weyrens stated that City
staff is in the process of working with County staff. According to Sabart, staff has met with the Assistant
County Engineer to discuss this.
Recycling Program: Frank stated that he is a supporter of the new recycling rewards program, but stated
that the rewards are not as much as originally promised. He stated that he hasn't looked at market factors
affecting this, but asked for staff to look into this.
Adjourn: Loso made a motion to adjourn at 9:45; seconded by Symanietz and passed
unanimously.
Judy Weyrens
Administrator
September 2, 2010
Page 1 of 7
Pursuant to due call and notice thereof, the City Council for the St. Joseph met in regular session on
Thursday, September 2, 2010 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the
Pledge of Allegiance.
Members Present: Mayor Al Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso,
and City Administrator Judy Weyrens.
City Representatives Present: City Engineer Randy Sabart, Finance Director Lori Bartlett, Public Works
Director Terry Thene and Police Chief Pete Jansky.
Others Present: Josh Smith, Jodi Terhaar, Mike Connolly, Ryan Lemieux, Harrison Awe, Evan Cobb,
Monte Eastvold, Josh Smith
PUBLIC COMMENTS
Josh Smith approached the Council on behalf of the St. John's Senate. He stated that they are ready to
work with the Council and address any issues that may come up.
Approval of the Agenda: Frank made a motion to approve the agenda with the following changes:
4(e) Laptop Replacement — to be discussed
4(f) Interim Use Permit — to be discussed
The motion was seconded by Wick and passed unanimously.
Consent Agenda: Symanietz made a motion to approve the consent agenda as follows:
a. Bills Payable — Approve check numbers 043175 -043255 and EFT numbers 000441- 000450
and 000513- 000514.
b. Mayor Proclamations — Authorize the Mayor to execute and present a proclamation for
Assisted Living and one honoring Jean Matzke (former Millstream Arts Organizer).
c. Gambling Report — Accept the 2" quarter gambling reports.
d. Donations — Accept the donations for the purposes intended.
e. Moved for discussion.
f. Moved for discussion.
The motion was seconded by Wick and passed unanimously.
(04e) Laptop Replacement: Frank stated that he feels the police department does a good job and he has
not voted against anything for the department; however, he is questioning the rationale for the purchase
of two laptops. He is concerned about the justification that these can be purchased as an officer position
was not filled and there are additional funds to spend. Frank stated that the idea of making budget cuts is
not to use the funds that were not used. He also questioned the need for the heavy duty laptops. The
officers do not do a lot of off -road stuff nor do they do a lot of computing. The computers are basically
used for communication. As a result, he stated that a smaller laptop would work. Frank also stated his
concern about buying a computer that does not have the most up to date software. Frank questioned the
warranty on these computers. Jansky advised the Council that the warranties are only good for three
years. Jansky also advised Frank that this type of computer has been recommended by Stearns County
as other computers may not last due to temperature and vibrations. If the computers are not replaced,
one of them will need to be fixed as some of the software requires touch screens. Jansky advised the
Council that he is recommending a four -year replacement schedule for the computers. Wick advised
Frank that he would not recommend Windows 7 and stated that they should not upgrade just to upgrade.
Frank made a motion to authorize the replacement of two squad car laptops at a cost of $8,277.52.
The motion was seconded by Wick and passed unanimously.
(04f) Interim Use Permit, Mary Long, 302th Avenue SE: Frank stated that in reviewing the material
discussed at the public hearing he noticed two comments were received regarding property management,
September 2, 2010
Page 2 of 7
specifically weeds and animal. He questioned if those items were addressed. Wick advised Frank that
this is a different owner and Weyrens stated that there are no official documents of those complaints.
Frank made a motion to accept the Planning Commission Findings of Fact issuing an Interim Use
Permit to Mary Long, to operate an owner occupied rental unit at 302 7 Avenue SE. The motion
was seconded by Wick and passed unanimously.
CSB /SJU Dean of Students, Update on Activities: Jody Terhaar and Michael Connolly approached the
Council on behalf of the College of St. Benedict and St. John's University. Terhaar stated that they would
like to reaffirm their commitment to working with the City and the student - residents. She added that they
will continue to have a "Good Neighbor" policy and they will respond to police reports that are forwarded
to them.
Connolly advised the Council that they have met monthly with Chief Jansky and Administrator Weyrens to
discuss common items of concern and ideas to improve the overall quality of life for all residents. They
are trying to make their best effort to look ahead before the issue arises. They recently did some house
visits. Connolly stated that they visited 22 rental properties with the intent to make sure that the students
are welcomed back to the City. He also advised the Council that an off- campus meeting was held at Sal's
Bar and there were over 200 students in attendance. The purpose of the meeting was to speak to the
students and let them know what the expectations are of living in the City of St. Joseph.
Terhaar stated that the College and University would like to continue to work on issues and give students
the opportunity to be good citizens. There are two ways in which the colleges have partnered with the
City. They have purchased an ID scanner for the Police Department and changed how the Senior
Farewell event is handled. They will continue to try to find more things that they can do and they hope
that the student senate reps can do the same.
Loso asked Terhaar and Connolly to discuss the residency changes that have taken place as people are
confused. On behalf of the College of St. Benedict, Terhaar stated that they recently implemented a 4-
year residency requirement with the new class. They are looking to possible have more housing by fall
2012; however, that may be put off until fall 2013. Connolly stated that St. John's implemented the same
process two years ago. Junior students who wish to live off campus need to seek permission and seniors
do not need approval.
Frank questioned an incident that happened at the apartments. Jansky stated that he had a good
conversation with the owner regarding the incident. He added that the "Good Neighbor" policy and the
changes to Senior Farewell have gone a long way to better the relationships between the City and the
colleges. Frank also questioned why St. Ben's security was not available when the students were putting
signs out for early registration. Jansky stated that security has no authority when things take place off-
campus. Connolly advised the Council that they did go and meet with some of those homes on Saturday
evening.
Wick questioned the college representatives about the process for living off campus. He questioned
whether or not their permission to live off - campus can be revoked. On behalf of St. John's, Connolly
stated that it can be revoked if, after he is released, he is placed on probation for either academics or
conduct. Terhaar advised the Council that St. Ben's has the same process and they have agreement that
the students must agree that there will be no problems with behavior or academically.
Noise Violation, 310 Old Hwy 52: Weyrens stated that police department responded to a noise complaint
on August 11, 2010 at 310 Old Highway 2. The property owner was notified of the alleged violation and is
not requested an evidentiary hearing.
Wick made a motion to determine that on August 11, 2011 a noise violation occurred at 310 Old
Highway 52. The motion was seconded by Symanietz and passed unanimously.
September 2, 2010
Page 3 of 7
Ryan Lemieux, owner of Rock Investments, approached the Council as the owner of the property in
violation. He owns the property at 310 Old Hwy 52 as well as the "Projects" located at 300 & 304 Old Hwy
52. He stated that there are 6 students living in the house in question and two of them received violations.
He added that he also owns rental property near St. Cloud State University. He has hired security to
monitor his buildings as he does not live in the City. He understands that, as a landlord, he is responsible.
Lemieux stated that he had a hard time understanding the City's Ordinance relating to noise violations.
He suggested that a subcommittee be formed to review this Ordinance and stated that he would like to be
a member of that committee. He stated that he is asking the Council for three things:
1. Not impose a fine on him
2. Not revoke his rental license
3. Table action on this until a system is put in place
Rassier stated that he understands his concerns; however, things are working fine the way they are.
According to Frank, the City should take advantage of his expertise. Wick questioned whether
amendments to this Ordinance would need to be reviewed by the Planning Commission. Weyrens
advised the Council that this Ordinance was put in place in 2000. She stated that staff can look into this
and do some research. Loso stated that when this was originally put in place, it was created by a group of
landlords that got together to research this issue.
Harrison Awe, a junior at St. John's University, approached the Council and stated that he was one of the
tenants that received a fine from the Police. He stated that they do not want to be a menace to the City.
He stated that this is their first time living in a house and they have a lot to learn. When the police left the
house, they were told they were receiving a warning. Later, the Police called and advised them that they
would be receiving a ticket. He added that they will respect the Police's authority. Awe also stated that
Lemieux informed them of the problems that were happening and advised them of the consequences.
Wick made a motion to impose a fine of $250 stayed for 6 months, barring any similar violaitons at
this location and direct staff to work with Lemieux, and any other landlords that are interested, to
look at the Ordinance and bring it back for review at the first meeting in October. The motion was
seconded by Symanietz.
Discussion: Frank stated that, previously, he discussed the possible use of decibel meters with
Chief Jansky. According to Jansky, if the noise can be heard off the premises, it is a violation. Jansky
added that this will take a little longer than a month to review. He suggested that it be reviewed after the
first of the year.
Wick made a motion to amend the motion to have the ordinance brought back for review after the
first of the year.
Discussion: Wick stated that he doesn't want to levy the fine and the fine and have the Ordinance
get forgotten. Loso stated his concern with the fact that they were initially given a warning and then, two
weeks later, given a violation for the same incident. Jansky stated that it took two weeks as there was a
lapse in contacting the tenants. As Chief, he felt that a citation should have been issued. Jansky stated
that Lemieux has been very helpful and added that he is one of the better landlords to deal with. Wick
advised Jansky that the landlords should be notified of warnings as well as violations. Lemieux stated that
he is happy that he gets the minimum fine, but feels that it goes against what the Ordinance says.
Symanietz seconded the amendment to the original motion. The motion passed unanimously.
La Plavette, Outdoor Liquor Permit: The La Playette submitted a request for an outdoor event to be held
on CSB /SJU Homecoming on October 2, 2010. According to Jansky, no alcohol will be served outside,
thus he is recommending approval of the Outdoor Liquor Permit.
Loso made a motion to authorize the Mayor and Administrator to execute the Outdoor Liquor
Permit to the La Playette for an event to be held on October 2, 2010. The motion was seconded by
Symanietz and passed unanimously.
September 2, 2010
Page 4 of 7
Bond Sale, Northland Securities: Monte Eastvold approached the Council on behalf of Northland
Securities. Eastvold advised the Council that they received some great news with respect to the credit
rating report. The City's credit rating has been upgraded from an "A" to "A + ". This is good for the City
because a higher rating results in better rates.
Eastvold stated that this is a large bond issue comprised of two smaller issues.
Refunding - 2005 Series B Bond $1,035,000.00
New Money — 2010 16 Avenue Improvements $ 790,000.00
Total $1,825,000.00
He added that the average coupon rate is 2.4 %. He explained that the City will be receiving a reoffering
premium discount which reduced the amount of the bond issue. Right now, rates are low and it is a great
time for refunding. The refunding of the 2005 Series B Bond is a crossover refunding bond as the original
call date is 12 -1 -2012. Due to the refunding, the City will see a savings of $46,031.30. The actual interest
rates for this refunding portion will begin in 2013 with an average rate of 2.15 %. The new money will have
an average coupon rate of 2.67 %. Eastvold stated that this bond issue will be payable through storm
sewer revenues, special assessments and tax levies.
Frank made a motion to authorize the execution of 2010 -020, accepting the proposal on the
negotiated sale of $1,825,000.00 General Obligation Improvement Bonds, Series 2010B, Pledging
special assessments for the security thereof and levying a tax for the payment thereof. The
motion was seconded by Symanietz and passed unanimously.
Wick made a motion to aware the sale of the $1,825,000.00 GO Refunding Bonds, Series 2010B to
Northland Securities. The motion was seconded by Loso and passed unanimously.
FINANCE REPORTS
Preliminary Levy, Collectible 2011: Finance Director Lori Bartlett presented the Council with the resolution
adopting the 2011 preliminary levy. The proposed levy is set at $1,852,329.00. She reported that the
Council met, beginning in June, in a series of workshops to review the preliminary budget. She reminded
the Council that the levy can still be reduced by the Council prior to setting the final levy.
Loso made a motion to authorize execution of Resolution 2010 -019, Adopting the Proposed 2010,
Collectible 2011 Tax Levy as presented. The motion was seconded by Symanietz and passed
unanimously.
Bartlett stated that part of the levy also includes setting the public hearing at which the public can discuss
the levy prior to adoption. She suggested that they set the hearing for December 2, 2010. When the
residents receive their property tax statements, the hearing date will be noted.
Loso made a motion establishing the truth in taxation hearing for December 2, 2010 at 7:OOPM in
the St. Joseph City Council Chambers. The motion was seconded by Wick and passed
unanimously.
Operating Fund Transfer: Bartlett stated that during the budget discussions, they discussed where the
City ended in 2009 with respect to the General Fund. The City's goal is to have 4-6 months of working
capital in reserve. After the Audit, the City came in close to 6 months in reserve and staff is now
proposing to use part of that equity to fund some projects that have come our way through State and
Federal Mandates. The total of those projects is $92,000. She stated that those funds can be transferred
while maintaining a working capital reserve of 5.2 months.
Loso made a motion to authorize the 2010 operating transfers as presented. The motion was
seconded by Wick.
September 2, 2010
Page 5 of 7
Discussion: Based on an earlier discussion about a police computer, Wick questioned whether or
not the unspent funds can be added to the General Fund. Weyrens stated that staff will look at adding
any unspent money from 2010 to the reserve balance.
The motion passed unanimously.
CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORTS
Antenna Lease — Consent to Modify: Sabart advised the Council that the City currently leases space to
telecommunication providers to install antenna equipment on the water tower. Verizon is requesting to
make some modifications to their antenna by removing the 6 that are currently there and replace them
with some that are a little larger. Staff is recommending that the Council execute the consent to modify.
The next step would be to conduct a preconstruction meeting and then they would be able to proceed
with the modifications.
Weyrens suggested that some contingencies be added to the agreement. Sabart listed the proposed
contingencies:
• Submit final plans
• Schedule Preconstruction meeting requiring attendance
• Secure a building permit
• Meeting inspection requirements
• Reimburse City for all expenses
Loso made a motion to authorize the Mayor and Administrator to execute the consent for
modification of antennas for US WEST Wireless, LLC. The motion was seconded by Symanietz.
Discussion: Symanietz questioned whether or not the City will receive anything for allowing them
to put up a larger antenna. Sabart stated that although they are almost double in size, they are claiming
that it is a benefit to the users. Most people do not notice the antennas. Thene added that they plan to
paint the antennas to match the tower. Weyrens advised the Council that the City has two vendors that
have antennas placed on the tower. Frank questioned whether or not the City should increase the fee.
Weyrens replied that she could have that reviewed by the City Attorney. They; however, are limited to a
specific number of antennas, but there are no size limitations. She added that the contract was renewed
last year and comes due every five years. Weyrens reported that the other vendor is Sprint. Frank
suggested that the City look at what other cities are charging for similar agreements. He stated that the
City raises rates for other services; they should have their rates raised too.
The motion passed unanimously.
16 Avenue SE Improvement Update: Sabart reported that this is the second week of construction. So
far, the contractor has removed all of the bituminous between Baker and Minnesota Street and they are
almost finished with the setting of the storm sewer pipe and structure for the first phase. They will be
laying the storm sewer and excavating the street to the sub - grade. He commented that the rain has not
helped the soil conditions. According to Sabart, the contractor notified staff that they must leave the job
site to address an issue elsewhere, but will return the week of the 13 They have assured staff that they
will drive by daily to make sure that there are no access issues. According to Sabart, contractually, the
City cannot stop them from leaving; however, they are required to have the project substantially complete
by November 5. They anticipate that they will start on the second phase when they return to the site.
They will be working on two separate operations: rebuilding the street from Minnesota to Baker and storm
sewer work south of Baker. He added that a newsletter will be sent out to the residents.
Crosswalks: Frank questioned Sabart about the crosswalks along College Avenue S. He stated that he
received a concern from a resident about the crosswalk areas in which there is no sloped access to the
sidewalk. Weyrens replied that staff has agreed to look at this. Sabart stated that the only crosswalk
without a curb cut is the one near the apartment. He added that it may be possible to get another curb
cut, but that is a matter of cost. With respect to the crosswalks, Wick advised staff that no crosswalks are
marked. Rassier stated that that would be a public works issue.
September 2, 2010
Page 6of
ADMINISTRATOR REPORTS
Tri -Cap Busing Opportunities: Weyrens advised the Council that Tri Cap is proposing to offer service to
the City on Mondays and Thursdays. Weyrens stated at the prior meeting the Council requested the draft
agreement be reviewed by the City Attorney. The agreement has been reviewed and the attorney has
recommended minor modifications which have been accepted by Tri Cap. She also advised the Council
that the Lions have agreed to contribute $800, as well as the Monastery. If the contract is approved,
services would start in October as Tri Cap needs to modify their schedule. The Council is being asked
whether or not they want to contribute $800 and whether or not they would like to execute the contract.
Weyrens stated that they have agreed to break down the costs on a monthly basis.
Loso made a motion to authorize the $800 contribution as well as execution of the contract with
Tri Cap offering bus service within the City. The motion was seconded by Frank.
Discussion: Loso stated that he would like to get some statistics every 6 months showing
ridership. Symanietz stated she would like to see how many in the township are also riding the bus.
Weyrens reminded the Council that Tri -Cap offers bus service to everyone.
The motion passed unanimously.
Human Rights Update: Weyrens advised the Council that the Human Rights Office will open on
September 1. St. Joseph did not appoint anyone to the Commission as they only application that was
received was from someone who is a resident of the Township, not the City. Wick stated that it should be
someone from the City and he hopes that someone steps up. Frank added that we need to solicit for this
and he would like to see this on the webpage as well as in the St. Joseph Newsleader. Per the
Agreement, they were to give the City a budget and Wick questioned whether or not that had been
received. Weyrens responded that the Commission has not yet met and, as a result, she is not sure of the
budget process.
St. Joseph Township Process Update: Weyrens stated that St. Joseph, Waite Park and Stearns County
have met to discuss how things are handled with respect to the St. Joseph Township. The three entities
are now ready to move to a Public Hearing regarding the processes. The meeting will be held on October
4, 2010 at the Stearns County Administrative Center. Packets will be sent out prior and notices will be
sent to all of those within the Orderly Annexation area.
CSAH 2 Update: Weyrens advised the Council that there has been a notable lack of progress at acquiring
properties along County Road 75 to connect with County Road 2. Stearns County has presented all of
their offers and some of the property owners have some disagreement with their property values. She
added that Stearns County has held a closed meeting to discuss how to pursue this. These issues could
have implications on whether or not the project moves forward.
MAYOR REPORTS — No Report
COUNCIL REPORTS
FRANK — No Report
LOSO
CSB Sewer Negotiations: Loso stated that they met with the representatives from St. Ben's on Monday
and they are making progress. A new attorney was introduced to the talks. The next meeting is scheduled
for September 27 and they hope to have things worked out by then. He stated that it seems to be lawyer -
lawyer mediation.
WICK
September 2, 2010
Page 7 of 7
Planning Commission: Wick stated that, due to the Holiday, the Planning Commission meeting has been
rescheduled for September 13.
Millstream Arts Festival: Wick reported that the Millstream Arts Festival will take place in St. Joseph on
September 26, 2010.
School Update: Wick advised the Council that school will be starting on Tuesday for Kennedy and added
that he Lab School already started.
SYMANIETZ
Joint Cities Meeting: According to Symanietz, there was a discussion between the potential candidates
for election. She advised the Council that a majority of the candidates support the bonding bill for 2011
and most agreed to keep LGA where it is sitting.
Park Board: Symanietz reported that there is no Park Board meeting scheduled for September. The next
meeting will be held on October 25.
Wick made a motion to close the meeting pursuant to MN Statute 13D.05 Subd. 3 to discuss labor
strategy. The motion was seconded by Frank and passed unanimously.
Frank made a motion to open the meeting and adjourn at 10:00 PM; seconded by Symanietz and
passed unanimously.
Judy Weyrens
Administrator