HomeMy WebLinkAbout2012 [01] Jan 19 January 19, 2012
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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, January 19, 2012 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor Rick Schultz. Councilors Dale Wick, Bob Loso, Renee Symanietz, Steve
Frank. Administrator Judy Weyrens.
City Representatives Present: City Engineer Randy Sabart, Police Chief Pete Jansky, Public Works
Director Terry Thene, Finance Director Lori Bartlett.
Others Present: Mike McDonald, S. Eunice Anthony, Mary Stamp, Tom Borresch, Craig Gould, Molly
Weyrens, Bradley Peterson, Shaunna Johnson, Steve Hennes, Teliza Calloway
Public Comments
Mike McDonald 213 — 13"' Avenue SE approached the Council to speak on behalf the potential financing
for membership to the Coalition of Greater MN Cities. He stated that the only information in the packet
regarding the membership is benefit for labor negotiations and funding is proposed through an enterprise
fund. He questioned the logic behind the funding mechanism.
S. Eunice 104 Chapel Lane, spoke in support of the proposed special use permit for the Catholic Worker
House. She stated that the purpose of the special use permit is to provide a home that provides
hospitality and fellowship while building neighborhood communities.
Mary Stamp, 200 E MN Street approached the Council in support of the Catholic Worker special use
permit request. Stamp stated that she lives within the neighborhood of the proposed special use and at
a recent neighborhood meeting; two major areas of concern were expressed with the first centered
around safety and the second the impact, if any, on home values. With regard to safety, Stamp stated
that the proposed house for the Catholic Worker Community has been vacant for two years, and it is her
opinion that by granting the special use permit the house will be once again occupied increasing the
safety as there are now tenants living in the house and you know who they will be. Regarding homes
values, Stamp stated that she could find nothing to indicate that home values would be decreased by
granting the special use. Again, with the property occupied, the home and grounds will be maintained
which she believes will increase the value. Stamp concluded by stated that she believes the Catholic
Worker Community will be an asset to the neighborhood;
Tim Borresch 11— 3 Avenue, the Council concerning the Catholic Worker Community. He stated that
one of the property he owns abuts the property for which the Council is considering a Special Use permit.
He acknowledged that he missed the public hearing but has some concerns with the proposed special
use as he initially understood the use would be an owner occupied rental unit but has since been
informed that the owner lives out of State and will be leasing the property to the Catholic Worker
Community. Borresch stated his questions include: who will be residing in the home, how many can
occupy the property, will the property be taxed, and why is the property owner not present. Finally he
questioned why the Council is considering a variance from the Ordinance as the R1 Zoning district
currently requires all new rental to be owner occupied. It is his opinion that the City is increasing the
potential rent market at the same time the College is moving the students back to campus. He
questioned how the City will absorb all the vacant rental properties.
Craig Gould approached the Council to speak in support of the Catholic Worker Special Use Permit.
Gould stated that he, his wife and three children would be residing at the property as a the live in
managers. They are committed to working with the Catholic Worker Program and have committed to
residing at the property for at least one year. Gould stated that he and his family have been working
wand provide a place for group discussion. As the live in resident he and his family will be responsible for
the property management and engaging the neighborhood in their community purpose. Gould clarified
that the house is not a drop in center; the house will provide safe and stable housing for people who need
a place to live for three to six months.
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Molly Weyrens, 6522 Laure Road, St. Cloud spoke on behalf of Catholic Worker Program. She stated
that she has been working with the program for over three years and has been looking for home to carry
out their mission. The home located at 35 — 2 Ave SE has six bedrooms and is in an established
residential neighborhood. The size and location of the home make it ideal for the Catholic Worker
Community. Weyrens stated that she understands the concerns of the neighbors and they have tried to
address all the concerns. It is her opinion that the proposed use will provide more stability to the
neighborhood than does a vacant un -kept house.
Agenda: Symanietz made a motion to approve the agenda with the deletion of consent agenda
item 4(a) Minutes. The motion was seconded by Wick and passed unanimously.
Consent Agenda: Wick made a motion to approve the consent agenda as amended, seconded by
Loso and passed unanimously.
a. Minutes — removed.
b. Bills Payable — Requested Action: Approve check numbers 044940 - 044993, payroll EFT #
000629- 000633 and payable EFT # 001562- 001565.
c. Donations — Requested Action: Accept the donation for the stated purposes.
Coalition of Greater MN Cities: Bradley Peterson, Attorney and Lobbyist for the Coalition of Greater MN
Cities (CGMC) approached the Council to discuss membership. Peterson stated that the CGMC
represents 745 communities and they provide support in five major areas: Annexation, LGA,
Environment, Transportation and Labor. Peterson stated that the City of St. Joseph was a member until
2007/2008 when LGA funding started being reduced creating budget shortfalls.
Peterson stated that one of the major areas of interest for member cities is their services at it relates to
labor issues. He stated that the CGMC compiles data on salary (wages and benefits) and background on
arbitrators. The CGMC provides a legislative wrap -up to all member cities, visiting each community.
Peterson stated that the membership is active driven, therefore, to receive the most benefit the City
should actively participate. CGMC is a partnership with the City and they lobby behalf of the Cities.
LGA has been a major economic issue for communities like St. Joseph and they have a staff member
who specializes in LGA and sits on the legislative board to review the current distribution policy. During
the last legislative session CGMC engaged the media and had over 40 supportive articles in support of
LGA in various papers throughout the State. In addition to lobbying for LGA, they have also been
instrumental in the funding of economic development programs that may benefit the City.
Shaunna Johnson, Administrator for the City of Waite Park approached the City Council in support of
membership to the CGMC. She stated that Waite Park has utilized the Labor and Relations expertise
successfully making changes to existing labor contracts. She stated that they are a true advocate for the
CGMC as they are a voice for communities such as Waite Park and St. Joseph. While Waite Park has a
City Attorney, the CGMC provides concentrated legal service in specialty areas which make it more cost
effective to use the CGMC rather than the City Attorney. In addition to using the Labor services, Waite
Park has also utilized the CGMC when federal funding for 28 Street was in jeopardy. The City was
within 24 hours of losing funding and the CGMC help work through the process, so that funding was not
lost. The CGMC has also provided assistance for annexation matters as it relates to the Orderly
Annexation Agreement between the City of Waite Park and St. Joseph Township.
Johnson stated that in addition to being a member of the CGMC, Waite Park like St. Joseph is a member
of the League of Minnesota Cities (LMC). She stated that each organization provides a different service
as the LMC is responsible for providing support to all cities in Minnesota; whereas, the CGMC is a
members based organization the provides a service.
Steve Hennes, Council member for the City of Sartell, approached the council to speak in support of the
services provided by the CGMC. Hennes stated that the Coalition is the voice for non -metro cities. He
stated that like Waite Park, Sartell has utilized the legal services and assistance for employment related
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matters and annexation. The legal fees charged by the Coalition are Tess than what the City Attorney
would charge, and the savings in legal fees is greater than the membership fees paid.
Councilor Frank stated that the information presented indicates that the CGMC represents the "greater
MN" and he questioned Peterson what they means or who they represent. Peterson stated that the
CGMC represents any City outside of the seven county metro area and a collection of communities that
have common or shared issues. Frank then questioned the Interstate Infrastructure program the
Coalition helped pass through legislation and questioned how that would benefit St. Joseph. Peterson
stated that the program was funded with 35 million and is a competitive program that is available to any
City who meets the program goals.
Councilor Wick questioned the role of the CMGA in regard to the legislative committee formed to review
the LGA formula. Peterson stated that the Coalition does have a staff member who sits on the committee
and is considered an expert in Local government Aid. Peterson stated that the committee is large and it
is questionable if a viable recommendation will be an end product. There is some speculation that the
governor will appoint his own committee to review the mechanics of LGA, but regardless the Coalition will
have a role, either on the committee or watching closely.
When questioned on the fee for membership, Peterson stated that the fee structure has two components,
the with a flat fee of $ 1,000 and then a 1.12 per capita. For St. Joseph the membership fee would
equate to approximately $ 8,800. However, the Coalition is offering an incentive for membership and will
reduce the fee 50% the first year, 75% the second year and the third year it would be the full fee.
Peterson stated that if the City decides to become members, the membership will begin immediately.
When questioned about the financing of the membership and the comments from Mr. McDonlad earlier in
the meeting, Weyrens stated that the membership for 2012 could be paid through the refuse fund. The
refuse fund is an enterprise fund and as such can fund a variety of activities. The balance in the refuse
fund was generated years past and the current refuse rates are no funding the membership, nor are they
set at a level to create a surplus. Historically the city has used these funds for special expenditures that
impact all residents. This is similar to the busing study that was completed.
Frank made a motion to become members of the Coalition for Greater MN Cities with the
membership dues paid from the refuse fund. The motion was seconded by Symanietz and passed
unanimously.
Planning Commission
Special Use Permit, Catholic Worker: Weyrens reported that the Planning Commission conducted a
public hearing in January to consider an Interim Use Permit to allow a residential living facility in a
residential zoning district. The property owner was allowed to request a special use permit as the
Ordinance governing the R1 Zoning district includes a provision for uses that are eleemosynary or
religious or charity based. The request is consistent with that provision. If the property owner had simply
applied for a rental license for a non -owner occupied rental, the special use provision would not have
been applicable.
Mayor Schultz requested Molly Weyrens address the concerns voiced earlier in the meeting by Tim
Borresch. Weyrens (Molly), stated she appreciates the concern of the neighborhood, and the Catholic
Worker Community listened to what they had to say. She stated that each Catholic Worker Community
has its own identity and some are a soup kitchen, others are drop in facilities, hospice or after school
facilities. The Community proposed for St. Joseph is a home to conduct shared meals, prayer and build
community. The house will have a live in care taker and provide living quarters for up to two more family
units. The other tenants would be limited to three to six months and are individuals needed transition
housing. With regard to the impact of the Catholic Worker home to residential values, Weyrens stated
that she could not find any information that would validate the concern. It is the belief of the Catholic
Worker community that occupying a home that has been vacant for two years adds viability to the
neighborhood as the home will be occupied and maintained. Weyrens finished by stating that Catholic
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Worker is an ecumenical organization that is only nonprofit at the State Level, so property taxes would be
paid, and that is supported by community members.
Weyrens (Judy), clarified that during the public hearing before the Planning Commission considerable
discussion occurred regarding the maximum number of residents that could reside in the home and the
Planning Commission agreed to set the density at the maximum allowed by the rental housing ordinance
or eight, whichever is Tess. The rental housing inspection has been completed and based on bedroom
square footage, the maximum number of persons would be eleven (11). Therefore, the resolution before
the Council includes a provision that the maximum density is eleven persons or three unrelated persons
whichever is less. Mayor Schultz corrected Weyrens and stated that the Planning Commission indicated
that the maximum density could not exceed eight (8), but only if the square footage requirement in the
ordinance would support the same.
Frank made a motion to accept the findings of fact recommended by the Planning Commission,
issuing a special use permit for a residential living facility that is non -owner occupied. The
maximum density of the house is eight (8) persons or three unrelated persons as defined in the St.
Joseph Code of Ordinances, whichever is less. The motion was seconded by Loso.
Parking Pads — Weyrens stated that one of the unfinished items from 2011 is the potential ordinance
amendment to define the location and composition of parking pads. The Council has been provided with
the information considered by the Planning Commission, including the two different recommendations
that were rejected by the Council. At this time the Council needs to provide direction to the Planning
Commission as to what they are looking for in the Ordinance amendment.
Loso stated that he is opposed to the City restricting residents on the use of their backyards. A number of
years ago considerable discussion occurred where the issue was centered on parking in the front yards
and the Ordinance was modified at that time. Loso stated that he supports no parking in the front yard,
but will oppose any amendment relating to backyards.
Police Chief Pete Jansky stated that the Police Department has stopped enforcing the no parking on the
grass as the Ordinance did not define what constituted a parking pad. Some residents through some
class three or five and consider that a parking pad. At the same time, grass is growing through the
material and neighbors are complaining. The City has an Ordinance regulating junk cars and that is not
the issue at this time.
Wick stated that in reviewing the material provide to the Council, he prefers that language used by the
City of Waite Park as it is simple, prohibits parking in front yards and has some limitations on side yard
and rear yard parking, to which the Council concurred. Weyrens stated that she would prepare a draft for
the Council to review before forwarding to the Planning Commission for consideration.
Treasurer's Report: Finance Director Lori Bartlett presented the December 2011 and 4th Quarter
Treasurer's Report. She stated that the reports presented at this meeting are pre- audit, but based on the
current data; the general fund spent approximately 97% of the budget while 95% of revenue was
received. The City maintains a general fund balance equal to approximately five (5) months of
expenditures. The enterprise funds
Loso made a motion to accept the December 2011 and 4th Quarter Treasurer's Report as
presented; seconded by Wick and passed unanimously.
Appointments: Mayor Schultz presented the Council with the 2012 proposed appointments. Schultz
stated there are minor changes to the appointments with a new member proposed for both the EDA and
Planning Commission. Schultz also discussed the need to continue the Stearns County Municipal
League membership. Weyrens stated that most of the information presented at these meetings is also
provided through other partnerships and most of the cities in this organization or more rural in nature.
When questioned as to the membership fee, Weyrens stated the membership fee is only $ 25 per year,
but in addition meeting fees and mileage would be incurred by participants. Loso made a motion to
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discontinue membership in the Stearns County Municipal League, effective 2012. The motion was
seconded by Wick and passed unanimously.
Wick questioned the proposed appointment for the EDA and if he is a resident or business owner in the
City. Schultz stated that he is neither, but is the only application the City received. The applicant has
worked with the City in the past, most recently facilitating the Tri -Cap busing services for residents.
Schultz further stated that he made many inquiries to encourage residents or business owners to apply
for appointment without success. Frank stated that he concurs with Wick and has many times in the past
expressed concern that the City has a tendency to appoint persons to committees without residing in the
City or having a financial impact.
Loso stated that he knows the individual how applied for the EDA and he would be an asset to the
community and he does not have a problem with him living outside the City limits. Wick and Frank stated
their concern has nothing to do with the individual, rather appointing a member that does not have a
financial impact. Symanietz stated that she too has a problem appointing and individual to a six year term
that does not have an impact for decisions that are made. Schultz re- iterated that he would be happy to
recommend appointment of a resident or business owner if they would apply, but he made numerous
attempts and was unsuccessful.
Frank made a motion to accept the 2012 appointments as presented with the exception of the
EDA. This motion delays action on the EDA appointment for 60 days, leaving the position open,
to allow the EDA to review the membership requirements, forwarding a recommendation to the
City Council. The motion was seconded by Symanietz.
Ayes: Wick, Frank, Symanietz
Nays: Schultz, Loso Motion Carried 3:2:0
Acting Mayor — Wick made a motion to appointment Symanietz as acting Mayor; seconded by
Frank and passed unanimously.
Council Reports
SYMAN I ETZ
Human Rights: Symanietz reported that the Joint Powers Board for the St. Cloud Regional Human Rights
Office met. The Board is still seeking members for the Human Rights Commission and have broadend
the membership requirements to generate more interest. St. Cloud indicated that in additional to the
annual contribution for membership, the City will be asked to participate in additional insurance cost
incurred by the City of St. Cloud. It is anticipated that this is approximately $ 128.00.
APO Executive: Symanietz reported that she attended the APO Executive meeting on behalf of the
Mayor.
WICK
EDA: Wick reported that the EDA will be meeting on January 25 at which time they will be reviewing the
2011 report and setting working goals for 2012. Frank stated that the goals setting should include
conversation and visioning with the City Council.
FRANK
EDA : Frank stated that the EDA will be meeting on January 25 and will be reviewing consultant
proposals for the Director. Schultz questioned what role the City Council plays in the hiring of the
consultant. Weyrens stated that EDA enabling documents empower the EDA to hire the executive
director; however the Council could provide input to the City Council representatives. Schultz suggested
that the EDA consider moving their meeting time from 3:00 PM to later in the day so that more residents
have the ability to participate.
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Adjourn: Loso made a motion to adjourn at 9:25 PM; seconded by Wick and passed unanimously.
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Adm'' !stator