HomeMy WebLinkAbout2010 [10] Oct 21October 21, 2010
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, 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 Wahistrom, 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 different classes that they represent.
He stated that when a charge is filed with their office, it is not like a criminal charge. Once charged with
discrimination, the burden of proof will go between both parties. Cousin stated that his job is to work as
the mediator between the two parties to come to a solution. He advised the Council that the Human
Rights Office is located on the 3`d floor of City Hall. Rassier reported that the Human Rights Commission
has been formed and they will host an open house in January.
Approval of the Agenda: Symanietz made a motion to approve the agenda with the following
changes, additions, deletions:
Move 4a Minutes — Move the minutes of August 25 for discussion.
Move 4d Sidewalk Repair — Move for further clarification
Delete 9 AFSCME — Insurance Grievance
The motion was seconded by Loso and passed unanimously.
Consent Agenda: Wick made a motion to approve the consent agenda as follows:
a. Minutes —August 5, August 11, September 2, September 16 and September 29, 2010.
b. Bills Payable — Approve check numbers 043363 -043411 and EFT numbers 000461-
00466 and 000517 -000520.
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.
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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 Resort — 3'd Quarter and September. 2010: Bartlett advised the Council that the City has an
increased cash position which is due to the fact that the City issued a debt in September and has since
received the bond proceeds. This is very deceiving as crossover refunding bond for the 2005
Improvements will not be paid off until 2012. The City's current cash position is about 3.5 months of
expenditures. She added that the rate of return on investments is down about 3% from last year. Bartlett
advised the Council that the General Fund has spend down 76% of the 2010 budget and received 56% of
the revenue budget. She added that the City will receive its first half of the tax settlement in October and
the remaining LGA, along with the 2"d half of the tax settlement, in December. The Enterprise Fund
shows greater expenses than revenues and she explained that that is due to the timing of the utility bills
and the fact that the City bills for the two months prior. Bartlett concluded by stating that she provided a
summary of status of the Capital Improvement Plan.
Wick questioned what Bartlett projected the cash position to be at the end of the year. Bartlett responded
that we typically see 3 -5 months of reserve and projects that it will be similar this year.
Wick made a motion to accept the 3`d Quarter and September 2010 financial reports as presented.
The motion was seconded by Symanietz and passed unanimously.
Allied Waste: Jeff Grunenwald approached 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 40lbs per month per household.
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
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"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 include energy savings as well. Although
the City has a 70% activation rate, Gensch stated he would like to see that rate increased. He advised the
Council that those who activate their accounts now will see the past six months worth of rewards on their
account. Symanietz and Weyrens questioned whether or not there is a cap on the account to which
Gensch stated that customers can earn a max of 450 points per month and there is no cap on the
consumer's bank. Frank questioned whether institutions can take advantage of this program to which
Gensch stated that this program is only limited to households at this time; however, it may change over
time.
Ordinance Amendments, Ordinance 52 10 Parking: Weyrens reported that the Planning Commission
recently held a public hearing for the potential amendments to the Parking Ordinance. The proposed
amendments include the definition of a parking pad, where it can be located and how it can be
constructed. Another possible amendment was to remove the requirement of perimeter curbing in the
downtown area [B1 Zoning District] if there is adequate drainage. Rassier clarified that the curbing relief is
not guaranteed, rather there must be proof that water issues will arise is curbing is installed. [see
Ordinance 52.10 Subd 5(g)].
There were also some changes made with respect to parking pads for residential units in all zoning
districts. Jansky expressed that they have 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
yard to be more uniform. He also stated that people are not required to pave the surface rather they must
have a hard surface.
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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 Winter Parking Restrictions. Rassier
stated that he believes that this is a good Ordinance because it works and he feels that it is easy to
understand. Loso added that he has been watching the weather patterns and we simply do not get as
much snow as in previous years. He stated that he is an advocate of taking away the winter parking
restrictions. He suggested that the City adopt a snow emergency policy for snow removal. Thene
responded that staff talked to various cities. The City of St. Cloud offers different restrictions, but he was
told that if the City currently has a "no parking" Ordinance, it should be left as is. Rassier questioned how
residents would be notified of a snow emergency. Loso suggested the use of radio, and newspaper.
Symanietz suggested delaying the enforcement until December to which Loso agreed and asked staff to
compromise by not enforcing the Ordinance during November and December due to the holidays. Jansky
stated that they do not enforce the Ordinance over the holidays unless there is snow. He added that if a
resident calls the Police Department and advises them that they will be parking on the street, they are not
ticketed. Jansky stated that, currently, the City is marked from one end to the other and if the Ordinance
is changed, the signs would need to be changed and that could get expensive and be very confusing for
people. Jansky concluded that this Ordinance is clean and serves its purpose.
Rassier advised the Council that they have two options:
1. Accept the Ordinance as it was 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
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.
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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 ENGINEERIPUBLIC 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 and, as a result, a Feasibility Report is
required. The City as recently designated $ 30,000 for the feasibility study. If the Council approves the
feasibility report the first step in the project will be inviting the residents to an informational fact finding
open house. It is anticipated that the open house will be scheduled for November 10, 2010 from 3:00
PM to 6:30 PM.
Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2010 -033
ordering the preparation of the feasibility report at a cost not to exceed $20,000. If additional
funds are required the matter will be brought back to the City Council for approval. The motion
was seconded by Wick and passed unanimously.
Loso resumed his chair.
ADMINISTRATOR REPORTS
Assessment Policy: Weyrens stated that this will be'discussed at the Department Head meeting in
December and will come to the Council at the 2nd meeting in November.
North Corridor Study Update: The St. Cloud 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
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
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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 REPORTS
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Stearns County Municipal League Meeting: Frank stated that he attended the Stearns County Municipal
League quarterly meeting in Albany. The County Attorney was present along with the Steams County
Emergency Service Director Marvin Klug and several of the candidates seeking office in November. They
discussed the idea of an Emergency Management Support Group which he stated is a good concept.
This would be used in the event that a Department Head is unable to handle his /her job due to an
emergency, someone would step in to help. State training would be provided. He also stated that the
State recommends that the Emergency Management Director not be an active Fire Chief or Police Chief.
Area Joint Planning District Board: Frank reported that they have been working on a Regional
Sustainability Framework Plan. The question was raised as to whether or not some cities have already
adopted this plan to which Wick stated that a few Cities have looked at this and put it on hold until after
the election.
Cable Commission: In response to some emails that he received, Frank questioned how much is spent
per year on the Cable Commission. Weyrens 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.
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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.
October 21, 2010
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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 35 College Avenue N as well as the
labor negations with the possibility of re- opening the meeting to ratify the contract with AFSCME
The motion was seconded by Loso and passed unanimously.
The Council re- opened the meeting at 9:35PM.
Wick made a motion to ratify the Labor Agreement with the City of St. Joseph and AFSCME. The
motion was seconded by Symanietz and passed unanimously.
Adjourn: Wick made a motion to adjourn at 9:36PM; seconded by Frank and passed unanimously.
(:::: "LG /
Ju Weyrrens
ministrator