HomeMy WebLinkAbout[04a] Minutes, Oct 7 and 14 •
CITYOFST.JDSICPH Council Agenda Item 4 (a)
MEETING DATE: November 4, 2010
AGENDA ITEM: Minutes — Requested Action: Approve the Council minutes of
October 7 and October 21, 2010
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION:
BUDGET /FISCAL IMPACT: $
ATTACHMENTS: Request for Council Action 4(a):1 -2
October 7, 2010 4(a):3 -10
October 21, 2010 4(a):11 -18
REQUESTED COUNCIL ACTION: Approve the Council minutes of October 7 and October 21, 2010
4(a):1
October 7, 2010
Page 1 of 8
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, October 7, 2010 at 7:OOPM 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, City Attorney Tom Jovanovich, Finance
Director Lori Bartlett, Public Works Director Terry Thene, Police Chief Pete Jansky
Others Present: Tom Klein, Mary Nimmerfroh, Randy & Deb Bunnell, Margeurite Fogarty, David Ace,
Ellen Wahlstrom, Rebecca & Phil Mulvaney, S. Thomasette, Mary Niedenfuer, Paul Krey, Carol Jenkins,
S. Kara Hennes, Roger Neils, Brandi Popenhagen, Scott Mareck, Diane Weick
Public Comments: No one present wished to speak.
Approval of the Agenda: Wick made a motion to approve the agenda with the following
add itions /deletions:
Delete 4(a) Minutes
Add Closed meeting following the regula eeting to discuss Labor
Negotiations
The motion was seconded by Loso and passed una • ously.
Consent Agenda: Loso made a motion to approve th ent agenda as follows:
a. Removed
b. Bills Payable — Approve check nu 043362 and EFT numbers 000456-
000460.
c. Ordinance Amendments — - ize Mayor and Administrator to execute
Resolutions 2010 -023 thr • , 0 -0 uthorizing summary publications of the
Ordinance Amendments.
d. Application for Paym - . — - ove Pay Application #1 for the 2010 16 Avenue SE
Improvements and o - p. , ent to JR Ferche in the amount of $106,542.01.
The motion was seconded by and assed unanimously.
Back Yard Chickens, Public Input: Ras er stated that in response to the request of a resident to amend
the R1 Zoning District to allow backyard chickens, and the support of the Planning Commission, the
Council agreed to accept public testimony on the matter before expending funds on drafting an Ordinance
amendment. Therefore, at this time the public is invited to provided testimony on drafting an amendmet
to allow backyard chickens in a R1 Zoning District.
Weyrens presented the Council with written testimony she received via email. The email requested the
Council provide for backyard chickens as part of being a sustainable community. Frank stated that when
looking at Ordinances for other cities, this type of Ordinance is commonly referred to as a Poultry
Ordinance rather than a Chicken Ordinance. He will address this if the Council chooses to move forward
with this.
Deb Bunnell, 601 Hill street W, approached the Council in opposition to the proposed idea of allowing
chickens in backyards. She stated that she bought her home near the City, knowing that it would be
annexed. She added that if she wanted to live near a farm, she would have bought farmland. She feels
that chickens are a lot of work. If the City does allow chickens in the City, she believes that there will be
no control. She urged the Council to keep in mind that they must decide that this is the best decision for
all residents in the City. Bunnell stated that she is most concerned about the enforcement and how
complaints will be handled.
4(a):3
October 7, 2010
Page 2 of 8
Mary Nimmerfroh, 1307 Dale Street also approached the Council in opposition to chickens being allowed
within the City. She stated that she moved into town, not into an agricultural or farm area. She suggested
that, if chickens are allowed, they should only be allowed in agricultural areas. She stressed that this is
town, not farmland.
Mary Niedenfuer, 205 eh Avenue NW, approached the Council in support of allowing chickens within the
City. She stated that she is absolutely in favor of chickens. According to Niedenfuer, there are
communities all over America that allow them. In New York, for example, they are considered pets. She
asked the Council to lose the emotion of whether or not to allow chickens. Allowing a few chickens is not
going to turn St. Joseph into an agricultural community. She stated that a dog owner does not need to get
permission from the neighbor prior to getting a dog. There is an ordinance in place to deal with a dog that
is barking excessively. In her opinion, Chickens are quiet, clean and have a pleasant clucking sound as
well as provide nutritious food. She also added that the coops must be limited; however, dog owners do
not have regulations on dog coops. She thought that St. Joseph was to be a more progressive town.
Randy Bunnell, 601 Hill Street W, stated that several of his neighbors have small animals. He expressed
his concern about chickens attracting predators to the neighborhood. He does not believe there is a
reason to allow livestock in the City.
Paul Krey, 612 Hill Street W, approached the Councilors and that he was the person who asked
the City to consider this request. He stated that, prior to pu asin • chickens, he asked his neighbor
for approval and they were fine with it. He appreciates t ositive co entary. Krey added that he grew
up in this town and St. Joseph has always been an ag • Itur own. Previously, he lived in the township
and was annexed by the City. He doesn't feel that it is a eal to have a few chickens in his backyard;
nobody has to have permission to have a dog in - - City. tated that he hopes the Council makes
their decision based on factors and facts, not em • t• - th ked them for their time and consideration.
Diane Weick, 606 Graceview Loop, appro. the ,• uncil and asked them to consider the size of the
properties in St. Joseph. As someone w- n an .sociation with a smaller lot, she sees that this
could become an issue.
Symanietz made a motion to c u • Input at 7:15PM; seconded by Wick and passed
unanimously.
Symanietz stated that several peop commented to her that they would prefer not to have chickens
in the City. One item of concern was th of predators. Loso stated that he also spoke with residents
about the request for backyard chickens. He spoke to approximately 30 people and, of those 30 people;
one said that the City should allow them. If chickens are allowed, Symanietz questioned where we draw
the line. According to Loso, this is the first request that he is aware of over the past 40 years.
Rassier stated that, within the City limits, the zoning ordinances state what are permitted uses. The only
way to allow chickens would be to rezone that area from R1 to Agricultural. He stated that chickens do
not fit in the residential areas. Loso suggested that this type of request be considered through the use of
the variance process. Jovanovich advised Loso that this would be something that could be considered
through a conditional use permit process with conditions being placed on the property.
Frank commented that he sees some logical fallacies, if we do this, it will lead to this, etc. He stated that
that same argument could be made for anything. He stated that people in Waite Park have had issues
with predators, not because they have chickens in their backyards. This type of request is being dealt with
all over Minnesota and the League has been trying to come up with some background and policies for
such. People are looking to raise chickens for both economic reasons as well as health reasons. He
would like to see this request dealt with on a level playing field. He stated that Ordinances are changed all
the time and, although people may not be enthusiastic, he stated that they could deal with it if there were
4(a):4
October 7, 2010
Page 3 of 8
conditions attached to it. According to Rassier, zoning is what it is and, if this is approved, it should be
permitted using a conditional use permit rather than creating a separate ordinance for chickens.
Frank made a motion to table this until the League comes up with suggested policies for poultry
within cities. The motion failed due to lack of second.
Symanietz made a motion to deny the request to allow backyard chickens within the City limits.
The motion was seconded by Loso.
Discussion: Wick stated that he can see this working in some portions of the City. Other cities
have their ordinances so locked down that it makes it impossible to have chickens. He added that
just because a City has an ordinance, it does not mean that it is working.
Ayes: Rassier, Symanietz, Loso
Nays: Wick, Frank The motion passed 3:2
Field Street — Update on Status: Brandi Popenhagen approached the Council on behalf of WSB &
Associates. She stated that she had been working on the Field Street project since the beginning.
Popenhagen reviewed the scope of the project, what has been, w ere it is now and where it is going.
The purpose of the study was to identify a corridor in the sou ortion of the City to handle future
growth. The majority of the property involved in the corrid un loped land and located in St.
Joseph Township. The proposed route will connect bac with Min ota Street on the north and 20
Avenue on the east side. The corridor will serve as an st a west transportation Zink. Part of the sutyd
process included a review of potential cultural and histo pacts. The review originally identified
three areas that would be eligible for historical pr= - atio . he properties include: St. Isadore Farm,
_
Rassier Farm and Monastery of St. Benedict. Th.:A, - • ridors needed to be aligned to protect the
integrity of the historical properties. Avoidance be. ,V - iteria to move the project forward.
After considerable study, a proposed al - ativ as • entually selected and forwarded to MN Cultural
Resource as a preferred alternative. E • sessments were completed and mitigations
methods were identified. The next - • w - •proval by MN Cultural Resource, who requested the City
enter into a programmatic agree 1 - gotiated with the consulting parties. The purpose of
the programmatic agreement i- • protec ,e historical properties from development pressures. During
this same time Cultural Resource oppe he Rassier Farm as potentially eligible. The stipulations of
the agreement included: :
• City to complete the National toric Register Nomination Forms within five years of signing the
agreement for St. Benedict's Monastery and St. Isadore's Farm.
• City to complete a Management Plan for Monastery Woods Traditional Cultural Property within
five years of signing the agreement.
Based on the stipulations of the agreement, there were some concerns:
• City would incur the costs of carrying out the stipulation agreement.
• The timing for carrying out the agreement may not be feasible.
• Searching for funding grant opportunities to offset the cost for carrying out the stipulations. One
opportunity may be the FHWAIFTA Planning Grant administered by the APO.
After speaking with the FHWA, they are pushing for a signed agreement putting closure to the study
process. The FHWA Section 4(f) law requires the Department of Interior's approval if the Programmatic
Agreement is in place and by doing so, a letter of diminimous impact. The City cannot request that letter
until the programmatic agreement is finished. If the project is not completed, the City would be prohibited
form using federal or state money to construct the road in the future. Frank questioned how much the
local government has spent so far. Sabart replied that $171,669.94 has been spent for Field Street and
$120,278.34 for the North Corridor. Rassier advised Frank that the City has received funding from both
4(a):5
October 7, 2010
Page 4 of 8
the APO and the State to complete those studies. Weyrens added that there were federal funds used as
well.
Scott Mareck approached the Council on behalf of the St. Cloud APO. He stated that, several years ago,
when the City approached the APO to request Federal Funding, this project was on the APO's financially
constrained transportation plan and was eligible to be submitted for APO dollars. Since then, the 2035
Transportation Plan has been adopted and funds were no longer allocated for Field Street, rather they
were allocated to the North Corridor Study. He added that, at this point, this project may not be eligible for
federal construction dollars either. He did state that this is still a valid initiative and urged the Council to
continue through the process and complete the environmental assessment and pick a preferred
alignment to be preserved to the best of the City's ability. Although the APO cannot guarantee funding for
this project, the APO has solicited for $200,000 in planning funds which may possibly be used for the
programmatic agreement. He stressed that he cannot tell for sure whether or not this will be eligible, but
suggested that City staff submit the project. If it is approved by the FHWA, the APO TAC and APO Full
Board would then need to consider that along with the other requests. He stated that another option is,
next fall, there will be solicitation for normal federal formula dollars, roughly $4million. These funds are
generally used for highway and bridge projects and, at times, bike trails and busing. Mareck stated that
the agreement may also be a possible use of those funds as well.
Loso clarified that Mareck was suggesting that the City continu: th the study process and not stop the
project. Mareck replied that he would encourage the City to e the process to see if a
programmatic agreement can be agreed upon and execut- Con -nts and staff have spent
considerable resources on the project and it would be u ' unate to - 9 the project. He stated that in
the end, this is a policy issue rather than a technical is a - "•uestioned whether the Council and
Community feel that this is an important project. The pr• d alternative is a fair compromise and, from
a transportation perspective, it is the most ideal a ' consi • . the social, economical and transportation
issues. Frank suggested that the City explore the • •u g the plug. He questioned whether or not
the Sisters are happy with the preferred route and si • standards. Popenhagen responded that the
Management Plan will set forth the design _ but e study had identified the road section as a two
lane road. The preferred route will be b- , t. Is ore Farm, turning towards 1 -94 south of St.
Benedict and follow 1 -94 near Lake Sar- - - • h towards Minnesota Street.
Frank questioned the cost of this •fie e - next couple of years if the corridor is not built until
2035/2040. Popenhagen advis- the Cou it that if something is done with this project every 2/3 years,
the documents will remain curren the p cess stalls, there would not be any costs until the City is
ready to proceed again. Mareck ad• - typically, the entire process would not need to be re -done;
rather some of the assumptions and m 4 eling would need to be updated. Frank questioned the costs and
questioned whether or not staff time has been figured into the proposed costs to which Sabart stated that
there are some additional staff time and auxiliary costs that would need to be figured in. Popenhagen
stated that any additional work would be mostly completed by the Historian; however, there are funds
available for any additional work provided by WSB.
Loso questioned the idea of going through the process of the programmatic agreement and finishing the
project. Popenhagen stated that unless there are big changes, nothing would need to be redone. There
was some discussion about the timeframe to complete the items required in the agreement to which the
Council was advised that they would have five years from when the agreement is signed. Wick
questioned the grant application and whether or not we can apply and accept it once it has been
approved. Sabart advised the Council that they will most likely ask the City to commit to funds up front.
The application period ends on October 31. Staff will need to zero in on those costs and get an
application into the APO for approval of an 80/20 split.
Wick questioned what items would be covered in the Management Plan that were not covered in the
Section 4(f) process under federal laws. Popenhagen stated that, if there is an agreement in place, the
FHWA would provide a letter of diminimous impact. Popenhagen reminded the Council that they must be
able to carry out the stipulations within a 5 -year timeframe. Wick clarified that the agreement that was
4(a):6
October 7, 2010
Page 5 of 8
presented was not the most current to which Popenhagen replied that it was not; however, she tried to
present all of the points addressed in the new contract.
Weyrens questioned the Council as to whether or not they want to move forward to get prices, seek funds
from the APO and sign the Programmatic Agreement, knowing that the City will have to either pay or shelf
the documents. Wick suggested that staff come back with costs and possible ways to pay for this.
Weyrens stated that she had tried to get a copy of the final agreement with changes. Frank questioned
whether or not staff has talked to the Monastery and whether or not they are okay with the proposed
route. S. Kara approached the Council and stated that they all agree that this route would cause the least
amount of disruption and thus all parties have agreed to that alternative. Wick questioned what happens if
a property owner chooses not to put the property on the Historical Registrar. Weyrens replied that the City
is required to prepare the documents and deliver it to the property owner and it is then their responsibility
to record the document.
The Council came to consensus that staff will solicit quotes to complete the paperwork for registering the
historical eligible property on the federal register and land management plan, bringing the information
back to the Council at the next meeting.
Graceview Estates Homeowners Association: Weyrens stated th- the City received a letter from the
Graceview Estates Homeowners Association (GEHA) requesti e City review the private
improvements in the development and consider accepting the •ublic. In addition, they are
requesting the Council reallocate the 2006 Improvement to in. al lots, rather than the common lot.
Weyrens presented the Council with a map of the area o ed by the HA and highlighted the areas
that will be discussed. She stated that staff broke this ' in wo sections, assessments and
infrastructure.
Jovanovich stated that letter received by GEHA q • th. egality of assessing the 2006 Cloverdale
Improvements to the Common lot rather than brea' • e - essment into individual assessments per
parcel in the GEHA. Jovanovich stated t •ey -re going to oppose the assessment, it should have
been done at the time of the final asses ent grin • The City followed MN Statute 429 in assessing
the property and affording input to the • . c - has the ability to assess the common lot as was
done; however, in speaking to other Heys they have changed the practice to assessing each
parcel instead of the common lot co . • to a matter of policy if the Council would like to
reassess the units individually, stated :t common areas are included in the unit value based on a
prorated share of interest in the c• `` . unit : nd that is how taxes are calculated. He also stated that if
foreclosure takes place, it will impac • -thing that has little or no value.
Wick suggested that, from now going forward, the City assess the individual units, but given the
timeframe, the City should not go back and reassess. He stated that parcels have changed hands since
the original assessment and new home owners could be negatively impacted. Jovanovich stated that
there is a legal method to reassessing each unit and each parcel would need to agree to the assessment.
Rassier stated that if all owners sign, but there are some that are in the foreclosure process, the City
would be out that money. Jovanovich replied that the bank is still responsible for that assessment. If the
assessments are not paid, the County Auditor could start the forfeiture process and the City may end up
with the land to recoup the assessments. Loso questioned whether or not the association is trying to
dissolve. Symanietz questioned what happens to the lots that are empty and have never been sold.
Roger Neils approached the Council as the attorney representing the GEHA along with Diane Weick, the
president of the association. They stated that they would like to work to meet the residents' needs as well
as those of the City. They started out by giving some background. They stated that Graceview Estates
was platted in three phases. One piece being the area to the west of 4 Avenue SE. Outlots B, C and D
are not part of the association, nor are the single family homes. The association consists of lots 10 - 88.
They feel that when the developer proposed this plan in 2002, they didn't think about how things like this
would get paid. The assessments in question were for an improvement to a road along the perimeter of
the common area.
4(a):7
October 7, 2010
Page 6 of 8
Weick stated that the association doesn't have the authority to collect assessments. Of the 77 units, only
54 are occupied and paying dues. Wick questioned who pays the taxes on the vacant lots to which Neils
replied that many are in default. Weyrens replied that each unit gets its own individual tax statement.
Weick reported that none of the occupied units are in default, at this time. She stated that by assessing
the common element, the City is requiring the association is required to act as the collection agent; which
she feels is in appropriate.
Weick further stated that the properties within the association are paying approximately $105,000 in
property taxes and she questioned where the City services are. Given the housing market decline over
the past few years, the problem has been exacerbated and she stated that the association cannot sustain
the infrastructure and keep itself viable.
Rassier stated that, with respect to the street improvements, the association was assessed based on the
abutting footage and thus the association was charged since the common area abuts 7 Avenue SE. At
that time, the association was aware that they would be assessed for the assessments. Neils stated that
he was not going to debate legal opinions, but stated that it is a better practice to assess the individual
units. He stated that special assessments should be considered the same as taxes. It would be in both
the City's and the Association's best interest to re- allocate the sp- ial assessments. Jovanovich advised
the Council that if they choose to do so, all property owners wo ave to sign a waiver prohibiting future
action on the assessment. Weick stated that it would be in t •ciation's best interest to pay off the
assessment rather than continue to pay interest. There wa • me • 'cern about whether or not all of the
homeowners would agree to pay their portion. Neils stat hat they : "';-ve they can get 100% to
commit. With respect to the 20 lots that are undevelop Jo ovich questioned who owns them. Neils
responded that Lakeland Finance owns those lots to wh vanovich stated that they are in
receivership at this time.
Frank questioned where all of this is going to lead now questioning the assessments as well
as the maintaining of roads and ponds. W -te at they are paying real estate taxes to the
community, but they are responsible for -ir o infr tructure on the site and it does not seem clear.
Frank questioned whether it is a waste • 'm - ss these issues to which Jovanovich replied that it
is not a waste of time rather an ex- •• • e • at happens what developers are latitude with Ordinance
provisions.
It was stated that the infrastructu k dud' • sanitary sewer and watermain, was constructed as private
improvements, built to City construc ndards. The Developers Agreement does not indicate the
improvements are public so the City do s not have liability or maintenance responsibility for the private
improvements. Currently, the streets within the association are not maintained by City staff. Weick stated
that the GEHA is requesting that those be considered public improvements and be maintained by staff.
The Council discussed some of the risks associated with acceptance and it was stated that the
improvements were accepted as private at the request of the developer. Neils stated that he is not
representing the developer, rather the GEHA and there is a problem and that needs to be addressed.
Weick advised the Council that these lots are being sold with the understanding that they have City
services available to them. Wick stated that they do receive City services such as police, fire, etc.
Rassier questioned Neils and Weick as to what they are looking for. They stated that in their opinion
nothing in the developer agreement refers to streets and utilities as private. They are asking the City to
take full authority for streets maintenance, pond maintenance, water and sewer maintenance, as well as
split the assessments between the 77 property owners. Rassier questioned what would happen to the
common area to which Neils responded that the association would stay in existence to maintain the
common area. Wick stated that Liberty Pointe has the same issues.
After considerable discussion, Frank suggested that a time - definite working group be formed to review
these issues. Weick stated that they would like to find a workable solution and they prefer to work on this
together with the City.
4(a):8
October 7, 2010
Page 7 of 8
Frank made a motion to appoint an adhoc committee consisting of Rassier, Symanietz, Neils,
Jovanovich and Weick along with relevant City staff to discuss the issues and bring back
suggestions no later than November 15. The motion was seconded by Wick and passed
unanimously.
Parking Ordinance: Due to the length of the meeting the Council agreed to discuss the proposed Parking
Ordinance Amendment at the next regular Council meeting.
POLICE CHIEF REPORTS — No Report
CITY ENGINEER/PUBLC WORKS DIRECTOR REPORTS
Hydrant Flushing: Thene reported that staff has been doing some hydrant flushing this week. He advised
residents to flush their systems by bypassing the water softener and opening up all of their cold water
faucets for a couple of minutes. If there are any issues, residents should call City Hall.
Power Outage: Thene reported that Xcel is planning a power outage between 3 -6AM. Properties affected
are those north of Baker Street, east of 7th Avenue and west of 4th venue. Affected property owners
have been notified by Xcel.
16 Avenue SE Improvements: Sabart advised the Counci at an r newsletter will go out for this
project. The contractor is currently working to rebuild the eet south aker Street. He added that he
has received the survey information from the abutting elo relating to some previous drainage
issues.
APO TAC: Sabart reported that he attended the ing. It was suggested that some funding
be shifted to the North Corridor for ROW acquisitio e- County Road 133 and Westwood Parkway.
This shift will required the City to commit t• as • the ROW for the corridor.
R REPORTS
City/Township Orderly Annexatio qr- e eyrens advised the Council that the Township will be
acting on the revised land dev= • ment p • es • efore they are forwarded to the City Council for approval.
Assessment Policy — Weyrens state. ' is will be on the agenda for the next meeting.
MAYOR REPORTS — No Report
COUNCIL REPORTS
SYMANIETZ
Human Rights Joint Powers Board: Symanietz reported that the Joint Powers Board met and chose the
committee members. The new director, Richard Cousins, was there and the new office is up and running.
Cara Ruff was appointed to represent St. Joseph. Wick questioned whether or not the Council will have
the option to vote on the appointments to which Rassier replied that the appointments will come back to
both cities for approval..
WICK — No Report
LOSO — No Report
FRANK — No Report
4(a):9
October 7, 2010
Page 8 of 8
Closed Meeting, Labor Strategy: Wick made a motion to close the City Council meeting pursuant to
Minnesota Statute 13D.03 subd. 1(d), 2 to discuss labor negotiation strategy. The motion was
seconded by Frank and passed unanimously.
Adjourn: Mayor Rassier opened the closed meeting at 10:23 at which time Loso made a motion to
adjourn; seconded by Symanietz and passed unanimously.
Judy Weyrens
Administrator
4(a):10
October 21, 2010
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, October 21 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: Finance Director Lori Bartlett, Public Works Director Terry Thene and
Police Chief Pete Jansky
Others Present: Tom Klein, Ellen Wahlstrom, Katherine Kraft, S. Kara Hennes, Robert Gensch, Jeff
Grunewald, Cory Ehlert, Brian Virnig, Dean & Lois Virnig, Richard Cousin
PUBLIC COMMENTS TO THE AGENDA
Richard Cousin approached the Council on behalf of the St. Cloud Regional Human Rights Office. He
introduced himself as the new State Human Rights Enforcement Officer. Beginning in December, he will
be working on education and outreach to introduce the Human Rights Office and services that are
available, what the office will be responsible for enforcing and the • ifferent classes that they represent.
He stated that when a charge is filed with their office, it is not li criminal charge. Once charged with
discrimination, the burden of proof will go between both parti • usin stated that his job is to work as
the mediator between the two parties to come to a solution ' e a• -d the Council that the Human
Rights Office is located on the 3` floor of City Hall. Rass' reported the Human Rights Commission
has been formed and they will host an open house in ua
Approval of the Agenda: Symanietz made a mot' • • to ap • • ve the agenda with the following
changes, additions, deletions:
Move 4a Minutes — Move the min ust 25 for discussion.
Move 4d Sidewalk Repair e f • urther clarification
Delete 9 AFSCME — Ins rie ce
The motion was seconded by Lo • . • sed unanimously.
Consent Agenda: Wick made - otion t • : pprove the consent agenda as follows:
a. Minutes — August , gus , September 2, September 16 and September 29, 2010.
b. Bills Payable — Appro k numbers 043363- 043411 and EFT numbers 000461-
00466 and 000517 -00052 • .
c. Donations — Accept the donations and their purposes as presented.
d. Moved for discussion.
The motion was seconded by Frank and passed unanimously.
4(a) Minutes: Frank clarified that the motion to approve the liquor license for American Burger Bar did not
include any action for the CSB Sewer Billing issue. Frank made a motion to approve the City Council
minutes August 25, as written. The motion was seconded by Wick and passed unanimously.
Sidewalk Repair: Frank stated that he walked around City Hall to look at the sidewalk that is proposed to
be repaired. He stated that, in his opinion, it is not that bad. Rassier advised Frank that the only portion
that is proposed to be repaired is the section(s) that is cracked and broken. Loso suggested that this be
held off until spring as he does not feel that this is the right time for such repairs to be made.
Frank made a motion authorizing the expenditure of $5,650 to replace the deteriorating sidewalk at
City Hall, under the direction of the Public Works Director, weather permitting. The motion was
seconded by Symanietz and passed unanimously.
4(a):11
October 21, 2010
Page 2 of 7
Delinquent Bill Hearing: The purpose of the hearing was to consider, and possibly adopt, the proposed
assessment for delinquent City invoices. A majority of the outstanding invoices were for either weed
cutting or delinquent utility bills. Bartlett stated that notices were sent to the property owners of record
with Stearns County. Rassier made a motion to close the Public Hearing at 7:15PM; seconded by
Wick and passed unanimously.
Loso made a motion to authorize the Mayor and Administrator to execute Resolution 2010 -032,
certifying the delinquent accounts for collection in 2011. Property owners will have until
November 22, 2011 to make payment before certification and all accounts certified will be assed a
certification fee of $ 35.00 The motion was seconded by Wick.
Discussion: Frank stated that he has seen several of these names before. Weyrens replied that
some of them are holding companies and some are developers with properties in the foreclosure
process. Loso questioned whether some of those outstanding charges will remain sitting on the
tax roles. Weyrens advised the Council that some will sit on the tax rolls until the property is sold,
at which time they will be paid.
The motion passed unanimously.
Financial Report — 3` Quarter and September, 2010: Bartlett advi d the Council that the City has an
increased cash position which is due to the fact that the City iss a debt in September and has since
received the bond proceeds. This is very deceiving as crosso unding bond for the 2005
Improvements will not be paid off until 2012. The City's cur t ca osition is about 3.5 months of
expenditures. She added that the rate of return on inves nts is do bout 3% from last year. Bartlett
advised the Council that the General Fund has spend n /o of the 2010 budget and received 56% of
the revenue budget. She added that the City will receiv st half of the tax settlement in October and
the remaining LGA, along with the 2" half of the settle t, in December. The Enterprise Fund
shows greater expenses than revenues and she h hat is due to the timing of the utility bills
and the fact that the City bills for the two months p - concluded by stating that she provided a
summary of status of the Capital Improve • 'Ian.
Wick questioned what Bartlett projecte • ion to be at the end of the year. Bartlett responded
that we typically see 3 -5 months of - -rv- Id projects that it will be similar this year.
Wick made a motion to acce he 3` • : rter and September 2010 financial reports as presented.
The motion was seconded by anie and passed unanimously.
Allied Waste: Jeff Grunenwald approa ''ed the Council on behalf of Allied Waste. He stated that he is the
new division manager and he plans to continue the past efforts. Rob Gensch spoke to the Council on
behalf of Recycle Bank. He stated that they are pleased to report that engagement in participation and
activation is very high. He reported that, by the end of the year, Recycle Bank will be in 28 different states
and in 2 million households. Since it started in St. Joseph, it has expanded to more than 6,000
households in the St. Joseph, Sauk Rapids and Sartell vicinity. He advised the Council that Recycle Bank
recently won an award from the Wall Street Journal as the #1 Green Business in the County. He was also
pleased to advise the Council that they recently launched a new option for customers to print their
coupons from home.
Gensch provided the Council with some program statistics. Of all of the households in St. Joseph, he
reported that 90% register their recycling can at least once per month. He added that 70% of the
households have activated their account with Recycle Bank. The setout rate is 80% which means that
80% of households set out their cans every week for collection. Residents who have activated their
account receive both automatic and manual credits. 100% of the households are receiving the automatic
credits, which is an indication that all equipment is working properly. The average amount of material
recycled is approximately 401bs per month per household.
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October 21, 2010
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Rassier questioned whether or not residents have the ability to donate their points to the food shelf, etc.
Gensch stated that, at this time, it is not available. He did; however, state that schools can register as a
"Green School" through the green initiative. These grants are processed twice per year. Gensch stated
that neither the Lab School nor Kennedy have applied to be a "Green School ".
Symanietz questioned whether or not Recycle Bank is still looking for more businesses to partner with.
Gensch advised the Council that the "Grocery and Food" category is the top category in redemptions. He
advised the Council that Cub Foods was previously partnered with Recycle Bank, but they were recently
bought out by Coborns. They have been working to sign Coborns up for the program. He added that they
are also working with Byerlys. According to Gensch, there are generally fewer redemptions in the summer
months. In the month of September, 53 businesses received redemptions.
Frank stated that, originally, it was believed that residents would see a benefit of approximately $15-
25 /month. Gensch stated that those figures have changed a little bit due to fluctuation in the marketplace.
Frank stated that he has not used any of this points yet as he is trying to see the full benefit of the
program. He questioned what happens to the points once a resident has moved. He questioned whether
or not those points can be given to the City to distribute. Gensch advised the Council that when a resident
moves, they can take their points with them and they can reactivate their account as they offer non
curbside servicing as well. They plan to expand their scope to incl de energy savings as well. Although
the City has a 70% activation rate, Gensch stated he would like see that rate increased. He advised the
Council that those who activate their accounts now will see t ► .t six months worth of rewards on their
account. Symanietz and Weyrens questioned whether or n ere ' - cap on the account to which
Gensch stated that customers can earn a max of 450 po' per mon nd there is no cap on the
consumer s bank. Frank questioned whether institutio an advantage of this program to which
Gensch stated that this program is only limited to house: at this time however, it may change over
time. �,.
Ordinance Amendments Ordinance 52.10 Parkin• ���� r- . reported that the Planning Commission
recently held a public hearing for the pote • en`': ents to the Parking Ordinance. The proposed
amendments include the definition of a . • ad, -re it can be located and how it can be
constructed. Another possible amendm - - •ve the requirement of perimeter curbing in the
downtown area [B1 Zoning District] '• -r- - dequate drainage. Rassier clarified that the curbing relief is
not guaranteed, rather there mu - p th. ater issues will arise is curbing is installed. [see
Ordinance 52.10 Subd 5(g)].
There were also some changes ma. ' respect to parking pads for residential units in all zoning
districts. Jansky expressed that they h - le some issues with enforcing the ordinance as it is currently
written. Some residents have put down crushed gravel as a parking pad and then weeds begin to grow
through it. The tough question is whether or not that is still considered a parking pad. From an
enforcement standpoint, Jansky stated that it is best to have a definition of what is acceptable and what is
not. Weyrens stated that other cities have the same issues. She added that staff recommended that there
be access to a street or alley from the parking pad and thought it would be best to have a setback.
According to Loso, the intent of the Ordinance was to prohibit parking on the grass in the front yard.
Weyrens stated that society has changed over the years and people have a number of toys such as
boats, snowmobiles, trailers, campers and adjoining property owners often complain about having to look
out their window and see vehicles or recreation equipment parked on the lawn. Loso stated that not
everyone has a place to store boats, etc and parking pads should be installed for that purpose.
Weyrens stated that a hearing was already held, but the Ordinance can still be changed. Loso stated that
he would like to see a more common sense approach. Wick added that, from a timing standpoint, this is a
bigger issue in the spring, summer and fall rather than during the winter. Loso stated that it seems as
though some of these violations are "grandfathered" in until a building permit is issued; whereas, the new
homes are designed to allow for the newer toys. There was considerable discussion regarding how much
of the front yard can be covered with a parking pad. Rassier would like to see parking pads in the front
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October 21, 2010
Page 4 of 7
yard to be more uniform. He also stated that people are not required to pave the surface rather they must
have a hard surface.
Loso made a motion to send this back to the Planning Commission for further discussion
conveying the discussion by the Council to include the language relating the parking of
recreational or power sports vehicles. The motion was seconded by Symanietz.
Discussion: The Council clarified that the only portion of the Ordinance amendment in question is
that which relates to the parking pad provisions.
The motion passed unanimously.
Ordinance Amendment, Ordinance 84 Winter Parking: Weyrens advised the Council that this Ordinance
has previously been amended to change the length of time vehicles can be parked on the Street from 24
hours to 72 hours. That change is currently being enforced. Wick suggested that the definition of a
parking pad be consistent with the zoning Ordinance. Weyrens added that the amendment to this
Ordinance also included a definition for commercial vehicles. Section 84.08 was removed for duplicity
purposes.
This Ordinance was being reviewed to consider changes to the W' ter Parking Restrictions. Rassier
stated that he believes that this is a good Ordinance because it •rks and he feels that it is easy to
understand. Loso added that he has been watching the weate -tterns and we simply do not get as
much snow as in previous years. He stated that he is an a • .sate - .king away the winter parking
restrictions. He suggested that the City adopt a snow e •ency poll. or snow removal. Thene
responded that staff talked to various cities. The City • .t. C d offers different restrictions, but he was
told that if the City currently has a "no parking" Ordinan ' - ould be left as is. Rassier questioned how
residents would be notified of a snow emergency •so su• - ted the use of radio, and newspaper.
Symanietz suggested delaying the enforcement un" e •er to which Loso agreed and asked staff to
compromise by not enforcing the Ordinan 'ng vember and December due to the holidays. Jansky
stated that they do not enforce the Ordi • • -r the olidays unless there is snow. He added that if a
resident calls the Police Department an that they will be parking on the street, they are not
ticketed. Jansky stated that, current e * is marked from one end to the other and if the Ordinance
is changed, the signs would nee• . •e`', .n• ' , and that could get expensive and be very confusing for
people. Jansky concluded that Ordina e is clean and serves its purpose.
Rassier advised the Council that the two options:
1. Accept the Ordinance as i '' as presented.
2. Accept the proposed changes and look at a new snow emergency policy for winter parking to
define what a snow emergency is, who determines when there is a snow emergency and how
the information is distributed to the residents.
Symanietz made a motion to approve the minor changes to Ordinance 84, keeping Section 84.05
as is. The motion was seconded by Wick.
Loso made a motion to amend the motion to allow parking in November and December.
The motion failed for a second.
Ayes: Rassier, Wick, Symanietz, Frank
Nays: Loso Motion Carried 4:1:0
Rivers Bend Plat 2: Weyrens stated that staff has been working with the developer for Rivers Bend Plat 2
to finalize the development agreement. The developer is requesting that the City consider extending the
utility under CR 121, as the utilities were installed under the road for the School project. Weyrens stated
that in reviewing the Jade Road Improvement, it appeared as the utilities were not extended under the
road due to the cost and Arcon was trying to limit the capital expenditure. At this time the bond fund used
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October 21, 2010
Page 5 of 7
to extend utilities has a residual balance which could be used for the project. The residual balance is a
combination of unspent contingency and penalties for a late assessment payment.
In the past, developers have paid for the over sizing and been reimbursed; however, due to the current
economic conditions developers no longer can afford to carry infrastructure cost for future development.
Loso made a motion authorizing the payment of the installation of underground utility lines to be
made through residual bond funds. The motion was seconded by Symanietz and passed
unanimously.
Loso stepped down due to conflict of interest.
CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORTS
Park Terrace Improvement: Thene stated that the City Council has been discussing the need to repair the
infrastructure in the Park Terrace Addition. The project as previously discussed includes street, curb,
gutter, water, sewer and storm water. The City Engineer has estimated that the cost of the feasibility
study to be $ 18,900;however, Thene stated that due to the complexity of the project the cost may be
increased. The complexities include lack of easement, utilities located in rear yards and storm sewer
concerns. Weyrens stated that the City will bond for this project a ^d, as a result, a Feasibility Report is
required. The City as recently designated $ 30,000 for the feas' ty study. If the Council approves the
feasibility report the first step in the project will be inviting the -nts to an informational fact finding
open house. It is anticipated that the open house will be s -dul - . ` • r November 10, 2010 from 3:00
PM to 6:30 PM.
Frank made a motion to authorize the Mayor and A • -trator to execute Resolution 2010 -033
ordering the preparation of the feasibility rep t a c of to exceed $20,000. If additional
funds are required the matter will be brought • •e • y Council for approval. The motion
was seconded by Wick and passed unanimous
Loso resumed his chair.
' • S TRATOR REPORTS
Assessment Policy: Weyrens s -d that t -. wi I be discussed at the Department Head meeting in
December and will come to the gcil at e 2 meeting in November.
North Corridor Study Update: The St. ■ oud APO has indicated that the section of the North Corridor
Study between County Road 133 and Westwood Parkway is eligible for Right -of -way funding with a 80/20
cost sharing. The APO is requesting that the City formally agree to support the project and acknowledge
the commitment to fund the 20 percent match. If the City agrees to this, the corridor study can be
completed. The estimated cost per acre is $8,000. They are requesting federal funding in the amount of
$170,000 and the local match would be approximately $34,000.
Wick made a motion to adopt resolution 2010 -034 accepting a Commitment to the Local Match for
right -of -way acquisition. The motion was seconded by Symanietz.
Discussion: Weyrens clarified that this is stating a commitment to purchase right -of -way, not an
actual purchase of the right -of -way.
The motion passed unanimously.
Field Street Corridor Study Update: Weyrens stated that at the last Council meeting the Council
discussed the status of the Field Street Corridor and that the study was on hold due to the need to
execute a programmatic agreement. The programmatic agreement required the City to commit to to
preparing the paperwork to register the historic properties and complete a land management plan. Scott
Mareck of the St. Cloud APO was at the meeting and suggested that the project would be eligible for
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October 21, 2010
Page 6 of 7
competitive funding to meet the requirements of the programmatic agreement. The staff was advised to
solicit quotes for the needed work.
Since the last meeting the City has been informed that the funding source discussed by Mareck is not
eligible funding. So the City will need to decide how to move forward. Weyrens also stated that had the
City been able to secure funding, the paperwork for both the St. Isadore Farm and St. Benedict property
would been prepared and would have been required to be submitted as one district.
Frank questioned if the 4 -lane alternative through the monastery is the preferred alternative two which he
was advised that the council has not yet made a decision as the programmatic must be completed prior to
picking an alternative. Rassier advised Frank that everything, to date, has been based on the G2
alternative. Once everything is complete, it will come back for Council approval.
MAYOR REPORTS
APO: Rassier reported that the APO Executive Board met and advised the Council that the funding for
the North Corridor between County Road 133 to County Road 3 has dropped off the list. He added that
the regular APO meeting will be held this month as well.
COUNCIL REPORT
FRANK
Stearns County Municipal League Meeting: Frank state. .t he atte the Stearns County Municipal
League quarterly meeting in Albany. The County Attor- , w. •resent along with the Stearns County
Emergency Service Director Marvin Klug and several o - Mndidates seeking office in November. They
discussed the idea of an Emergency Manageme uppo .up which he stated is a good concept.
This would be used in the event that a Departme - u - • Ie to handle his /her job due to an
emergency, someone would step in to help. State • Id be provided. He also stated that the
State recommends that the Emergency M. e • irector not be an active Fire Chief or Police Chief.
Area Joint Planning District Board: Fra -p - they have been working on a Regional
Sustainability Framework Plan. The • -st • as raised as to whether or not some cities have already
adopted this plan to which Wick • a Cities have looked at this and put it on hold until after
the election.
Cable Commission: In response to • • ails that he received, Frank questioned how much is spent
per year on the Cable Commission. W - 'rens responded that they spend approximately $20,000. Frank
also questioned whether or not we get the Stearns County Commissioner meetings to which Weyrens
stated that we do receive a disc and it is played on our channel. Upon questioning Weyrens stated that
the City would have the ability to connect to District 742 fiber which would increase what the residents
would be able to view at home. The cost of extending the fiber would be approximately $ 25,000 which
could be paid through the peg access fee. Frank suggested that the City contact other communities to
see how the cable commission functions in their communities and that this be an agenda item in the
upcoming future.
LOSO
St. Ben's Sewer Agreement: Loso advised the Council that the Committee recently met with
representatives from the College and the Monastery and they have come to a tentative agreement. The
agreement will come back in draft form at the next Council meeting.
WICK
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October 21, 2010
Page 7 of 7
Rental Housing Working Group: Wick reported that the Rental Housing Working Group will have their 3rd
meeting next week. At the last meeting, they did some brainstorming and came up with some ideas. At
the next meeting, they will go through those options and rank them.
Candidate Forum: Wick stated that the College will host a candidate forum on Tuesday, October 27, 2010
at 7PM in the Alumni Hall at the Haehn Center.
SYMAN I ETZ
Create Community: Symanietz reported that Create Community hosted a luncheon which she represents
St. Joseph as a member of the St. Cloud Area Human Rights Board.
LMC Planning Committee: Symanietz advised the Council that the Planning Committee met for their first
meeting. The conference will be held in Rochester in 2011.
Wick made a motion to close the meeting pursuant to MN Statute 13D.05 Subd. 3 to discuss the
potential purchase of the former CMFCU Building located at College Avenue N as well as the
labor negations with the possibility of re- opening the meet' to ratify the contract with AFSCME.
The motion was seconded by Loso and passed unanimo
The Council re- opened the meeting at 9:35PM.
Wick made a motion to ratify the Labor Agreement e City of St. Joseph and AFSCME. The
motion was seconded by Symanietz and pass unam sly.
Adjourn: Wick made a motion to adjourn at 9:36 e ded by Frank and passed unanimously.
Judy Weyrens
Administrator
4(a):17