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HomeMy WebLinkAbout2001 [01] Jan 16 {Book 21} . CITY OF ST. JOSEPH 21 First Avenùe NW I P.O. Box 668, , I St. Joseph. MN 56374 i i (320) 363-720 I i i Fax: 363-0342 I I Stearns District MunicipalLeague Tuesday, January 16,2001 8:00 p.m. . I St. Joseph City Hall i i 'I MAYOR The Steams D,istrict Municipal League will be conducting their quarterly meeting on Kenneth J. Hiemenz January 16,2QOl in the St. Joseph City Hall. The St. Joseph City Council is a participant and a quorum ;of members will be present. CLERKI ADMINISTRATOR Cari Schmidt St. Joseph City Council I Special Meeting I January 17, 2001 5:00 p.m. I COÚNCILORS I Meeting Grounds, 19 Minnesota Street West .'so r CO! ¿blert ! I Ken Twit I I Mary Niedenfuer In an effort tq provide the City Council with materials on the role of the City Council, the Council will1;Je participating in a workshop on January 17, 2001 at 5:00p.m. at the I Meeting Grounds in St. Joseph. The workshop is being conducted in cooperation with the City Engineet, Attorney and Bond CounseL Joint City Council I Planning Commission Meeting January 17; 2001 7:15p.m. St. Joseph City Hall The purpose ¡of this meeting is to discuss the recently revised Housing Ordinance. Discuss will center or possible modifications to the Ordinance allowing rental in anR-1 zone while NOT owner ¡occupied. I I I . I I . '. . I ! , I ~I ' i I ! . I ST. JOSEPH I I i City Officials Outline 1. St. Joseph is a Statutory City. I A. Fourth Cla~s (less than 10,000 inhabitants) I I B. Cìty Counc#l exercises control (as opposed to a City Manager System), acting as a I body I C. Mayor is tbe official head of the City I 1. Reþresents the City 2. Cefemonial functions' I 3. Pr~vides general. leadership . D. illdìvìduallcounCil memberscODllot exercise powers unless anthorized i , ¡ II. General Duties OTI the City Council. I i A. Judging the qualification and election of members I B. Setting rules governing their own proceedings . ¡ C. Exerclse·~tatutory powers ! i D. Legislate ~ ordinances) , i E. Direct thî enforcement of ordinances F. Personal ådministration I I ' G. Transact Çity business , I H. Financiall management . I 1 . . . I . I. Appoint boirds I I J, Çonducting intergovernmental affairs K. Protect the }velfare of inhabitants L. Communitx leadership M. Municipal facilities N. I . Prosecute actIOns ¡ I ! O. Streets P. Parks I I Q. Trees R. Cemeteries ! ! S. Water j . I T. General welfare I U. Hospitals i I V. . .. I FIre Depa:r¡tments I i W. Animals i I I I X. Health ¡ ! Y. NoiselNuibance I Z. Licensing I(Amusements, food, liquor) I I I i , III. Delegation. A. COullçillay not delegate discretionary functions (those involving the exercise of judgments) . I 2 I . B. Council may delegate ministerial functions (the act of carrying out their decision) C. Council may create advisory boards or committees regarding discretionary functions. IV. Meetings - Generally. A. Regular meetings - may be held without notice at times prescribed by ordinance or the rules B. Special meetings - 1. One day notice to council 2. 3. day posted notice 3. 3 day published or delivered notice as demanded . C. Quorum - 3 members 1. Quorum needed to transact business 2. Less than a quorum may adj oum meeting, recess or continue to later time 3. To ,continue to later time, need only announce time and place at an open meeting I V. Open Meeting Law. A. Application. , . 1. Applies to the Council, all boards and sub-committees 2. Applies only to a meeting of a quorum I . 3 . . . I i i . i 3. Inc*des deliberations, materials given to the Council and votes (chance I , soci~l gatherings are exempt) i ! B. Exceptions.! i 1. Labpr negotiation - strategy sessions (must be recorded) , I 2. Dat~ identifying alleged victims of sexual or domestic crimes i I 3. Disçussion of confidential employee information ( employee analysis) I ! -.fi4al dispositions are public i i 4. Certain educational, welfare and health data on an individual I 5. PreÜminary consideration of changes against an employee* I i 6. Ev~luation of an employee or contrastor* I *th~. subj ect may request the meeting be open . 7. Attprney privilege (if litigation threatened or pending) i 8. Discussion of an active law enforcement investigation I i i C. Place of meeting - may not be moved out of City to restrict attendance I 1 i D. Violations I I 1. $300 for single violation (if intentional) i 2. Attorney fees - if intentional I 3. 3 J more violations - removal from office I I I i , IV. Counting Votes. i A. Motion orlResolution - need majority of a quorum to pass (generally) I B. Ordinancd- need a majority of the entire council . ¡ I I i I I 4 . . . ¡ . C. Special sitJations - 2/3 majority required for I I 1. Pas~ or amend a zoning ordinance I I ¡ 2. Adqpt or amend a comprehensive plan I I i 3. Ab~lish a planning agency 4. Ce~ain public improvements (if less than 35% of owner's request and i spe6ially assessed) ! i 5. Surµmary publication of ordinances 6. Str~et vacation (except where adjacent owners petition I ¡ D. Council Vacancies i I 1. Vacancies reduce the size of the "entire council" I 2. Ab~ent member does not reduce size . I 3. Member disqualified from voting probably constitutes a "temporary i I vacancy" I I I i I i VII. Parliamentary Pro'cedure (See attached). ¡ I VIII. Other Meeting Suggestions. I I A. Citizen intolvement - right to speak at "public hearing," but no right to speak at I ... .... I public/op~n meeting unless recognized by the chair I B. Not a goo~ practice to survey the audience before voting C. Citizens ~ay be removed if unruly - meeting may be halted if crowd unruly I D. Record o~administrative or quasi-judicial hearings . j 5 i i . i i ! . I 1. Ma~e record of evidence presented 2. M~e findings based on the record of evidence I I ¡ 3. Decision must be supported by the findings I ! IX. Councilors Action~. ! ! A. Council m1mber may beremoved for: i 1. Ma~feasance - civil or illegal conduct, or I I 2. Non-feasance - refusal to act ¡ B. St. Joseph Qrdinance Guidelines (See attached) ; , C. Communidation with Professional Advisors I . 1. Re$tricted to contact through clerk, mayor, Police Chief (with City i attorney) and Maintenance Head (with City Engineer) I 2. Ot~er council members, commission members or employees only as I authorized by Council or Mayor I X. Conflicts· of InterJst. A. Generally,i actual or perceived conflicts should be avoided I I B. Financial tnterest in a contract -prohibited from any participation I C. Non-contract conflicts -council member should excuse self if personal interest !- ..... .. , may influ~nce.abi1ity to render decision in the best interest ofthe public I I . I I 6 ¡ I i . . . . , . I D. Where a co*flict exists - the council member should. abstain from discussion and , voting (suggest that they leave the council desk) I E. To.knowin&ly enter an íllegal contract maybe criminal, even if there is no i I personal in~erest I ! F. Gifts i 1. Pro~ibíted from any "interested person" 2. EXgeptions I a. ~olítical contributions I I b. Services to assist perfoffilance of duties I I c. ÇJoods or services of insignificant value d. Plaques or mementos I . I I e. Food at a reception where you're speaking I 1 f. Infoffilational material i XI. Contracts. I A. Bidding R~quirements i yO I . . 0) ðU 1. If <;>ver $25,000, advertIsed brds ;? I ' 2. If ~ 1 0,000 to $25,000, at least 2 or more quotes 3. u1der $10,000, negotiate on open market B. Special Issues I 1. Mµst accept lowest "responsible" bid I 2. C~n't splít contract to avoid bid requirements . I 7 . . . . , i I I . 3. Must reject bids if a material change in specifications i i 4. Canlt refine specifications so as to exclude potential bidders I 5. V ari,~tions in specifications may void a bid I 6. May rej ect all bids i C. Exceptions·1 i 1. Professional services i i 2. Rea~ estate i I I 3. On~-of-a-kind items D. Constructidn contracts over $10,000 - require payment and performance bonds I I , I ¡ XII. 60-Day Rule. i I i . I A. City must rbpond to written request within 60 days or it is deemed approved i I B. 60 days be$ins when all information required by City is provided (City must tell I applicant if something is missing within 10 business days) I C. Time may þe extended an additional 60 days by the City. Extension must state i I I reason andilength i D. Denial of rþquest should state reason':for denial in writing I I I I XIII. Expenditures - m~stbefora "public purpose" or as authorized by statute. , . 8 ! ] I ~ ,\v.,) G ~5I""Cct \;:$"::' . [tt-/f¡..) tI {l.oJÙ\(. rJ(L ¡ i I i I rarliamentary procedure , Parliamentary procedure is a system of rules that make it easier to transact þusiness. They are designed to preserve order, expedite business, and protect the rights of those involved in making the decision. The mayor, as presiding officer, is responsible for guarding against abuse of the procedures. But, the effective use of parliamentary procedures is the joint responsibility of the mayor and of all councilmembers. i ì Parliamentary rules canbe very simple or very complex. The complexity of rules should vary ir. direct ratio to the size of the. group; Le., as the number þf people in the group increases, the complexity of the rules should increase. Accordingly, the rules for city councils should be simple. Any lattempt to introduce a high degree of formality into the proceedings of a ;city council will probably reduce its ability to operate effectively. , iTherules of parliamentary procedure apply to council proceedings only if Ithe council formally adopts such rules in its bylaws. Roberts Rules of Order Iwere designed for meetings of large bodies. Rather than adopt these rules as . la fonna1 procedure to always be followed, a council can agree to informally ¡follow these rules while conducting meetings. An informal application of ¡ these rules, together with the common sense of the councilmembers, may I be the only guidelines many councils need in order to conduct their i business in an orderly manner. If a very controversial discussion is about to I occur, the mayor or some other councilmember could move to adopt more I formal rules for that particular discussion. I I The following discussion introduces a few rules of parliamentary procedure ¡ that can simplify the work of the council. These rules are contained in I ! Roberts Rules of Order. The council can adopt them by inserting the I following clause in the bylaws: "In all points not covered by these rules, the ¡ council shall be governed in its procedure by Roberts Rules of Order (or I some other similar code of parliamentary procedure)." Motions The council transacts business through motions made by council members. These motions are seconded, at times, and subsequently passed or rejected by council vote. Each motion has different rules. For example, councils can .... 155 . . . I I I i . HANDBOOK FOR MINNESOTA CITIES I debate some motions while they must vote on others immediately. Some Ìnotions require a simple majority for.passage, others need a two-thirds ~ajority. (See Chart V for a summary of the motions councils use most frequently and important information relating to them.) I I [These are the typical steps to make and act on a motion: I '. A member of the council addresses the presiding officer. I. The presiding officer recognizes the member. i. The councilmember states his or her motion. (Usually in the following fonn: "I move. . . text of the motion.") A motion should always be in I positive, rather than negative, terms. For example, if the motion is to ¡ I deny X a pennit andthe council defeats the motion, there maybe some confusion as to whether or not X has been granted a pennit. Even if the consensus of the council is to deny the pennit, the motion should be to grant the pennit and the council should then vote it down. The councilmember making a motion does not need to favor it or vote for it. The councilmember may wish to put the issue before the council so a decision can be made. . If necessary, another councilmember then seconds the motion by saying: . "I second the motion." (Seconds are not needed for meetings of small bodies like city councils unless required in the bylaws.) Neither the making of a motion nor the seconding of a motion places it before the council. Only the presiding officer can place the motion before the council by stating the motion. · The presiding officer repeats the motion or states the question to the council. (When the presiding officer has stated the question, the motion is pending and it is then open to debate.) · A discussion follows, if the motion is debatable. · A councilmember may make subsidiary motions in the same fonn as the original motion. (See Cpart V.) · The council votes on the original motion or on any of the subsidiary motions. · The presiding officer announces the result of the vote on each motion immediately after the vote count is complete. ~ eq· i i 156 . CHAPTER 7 ¡ IA council member may not make a second main motion while the council is discussing the first one. Any councilmember may, however, make a !privileged motion even if a main motion is currently before the council. ]Aprivileged motion is one to adjourn, to recess, or to ask a question of iprivilege--such as to restate the motion or ask for order. In this case, a vote :on the privileged motion precedes the one on the main motion. ! ISimultaneous motions I i When several motions are before the council at the same time, the council I should vote on them in the following order: I. Adjourn !. Recess · Question of privilege !. Postpone temporarily (lay on table) : i · Vote immediately (previous question) · Limit debate . · Postpone to a definite or indefinite time · Refer to committee · Amend I I ¡. Substitute ,. General main motion I i Role of the presiding officer ! In any group or assembly, ,the presiding officer has an extra measure ! of power. As the chair of ti'íe meeting, the presiding officer has the responsibility to guide the group toward the conclusion of pending business in good time, while also giving major issues enough consideration. To accomplish this, the presiding officer has two· special powers: The first power is to interpret and apply the rules of procedure. The presiding officer must decide whether or not motions are proper, whether motions are in order, whether the body should grant questions of special privilege, and what procedure is proper in any given instance. The presiding officer should maintain order and expel disorderly individuals from the meeting. ........ 157 I , I . HANDBOOK FOR MINNESOTA CITIES ¡The presiding officer does not have complete freedom in exercising. this I authority. Any member of the council may appeal the decision of the chair. To do this, a councilmember must say: "I appeal the decision of the chair," I immediately after the chair announces the decision. (Recognition from the presiding officer is not necessary when making an appeal.) The appeal must I be seconded, is debatable, and cannot be amended. After the debate, the I assembly votes on the chair's decision. A majority of "yes" votes upholds I the decision of the presiding officer, and a majority of "no" votes overrules I the decision. A tie vote sustains the ruling. The presiding officer may vote I to uphold his or her own ruling. If no. one appeals a ruling as soon as the I presiding officer makes it, it becomes the rule of the council. I The presiding officer's second power is to recognize speakers. The I presiding officer may not, however, refuse to receive a motion after I recognizing the maker, nor refuse to call for a vote on any motion that has i been properly made and seconded. The power to recognize speakers still I gives the presiding officer considerable influence over the course of the ! discussion and, consequently, over the eventual decision on any matter. ! When the council invites comments from the audience, the presiding officer I continues to recognize speakers. I I In statutory cities, presiding officers playa dual role. They preside, make . I and second motions, and vote on all questions before the council. The I presiding officer usually steps down from the position as chair in order to I make a motion. To do this, the presiding officer turns over the duties of i presiding officer to another member of the council. The mayor or other ¡ presiding officer may then make a motion, and should not assume the I duties as prçsiding officer until the council has taken a final vote or I postponed the motion until another time. i Special motions i i Several motions deserve special consideration. They include the following: I The motion to reconside~ I This motion enables a council to set aside a vote it previously took, and to i consider the matter again as though it had not voted on the issue. If the I council uses Roberts Rules, only a person who originally voted on the prevailing side may move to reconsider. Otherwise, any member may make the motion by saying, "I move to reconsider. . . stating the motion. to be reconsidered. . ." The council may debate this motion. If the council passes the motion to reconsider, it must then reconsider the original motion and take another vote. If the council defeats· a motion to reconsider, no further action is necessary. . ,.". I j 158 . . CHAPTER 7 :A motion to postpone indefinitely j ¡There is an important difference between the motion to postpone ,indefinitely and the motion to postpone temporarily. The motion to Ipostpone temporarily is more commonly called a motion to "lay on the ¡table" or "to table." The motion to postpone, postpones consideration of the ¡ motion until some undetermined future time. The council may consider a !tabledmotion whenever a majority of the members decide to do so. A i motion to postpone indefmitely, however, is the equivalent to a negative I vote on the main motion. Thus, the issue can be raised again only by a I motion made by someone on the prevailing side of the vote on the motion I because, unless someone changes his or her mind, the motion to postpone ! will once again prevail. A motion to permanently suppress any future ! consideration of an issue is not binding on a future council. ! IA motion to limit debate I A council may limit debate by: placing a time limit on debate, such as a I limit of 15 minutes to consider a particular motion; limiting the number of ¡people who may speak for and against a certain motion, such as a limit of I three speakers in favor and three speakers opposed. . I The motion to amend I i Councilmembers may offer amendments to a main motion at any time. In I addition, it is possible to amend an amendment currently under ! consideration. Beyond this, councilmembers can offer no further ! amendments. When a member has made a motion to amend, the vote on the ! amendment must precede the vote on the original motion. After the council I ! has accepted or rejected the amendment, another vote on the original I· . . i mohon IS necessary. I I I The motion to substitute I This is a motion to replace'One motion with another on the same subject. A I council member may. move to substitute a main motion or an amendment to ! a main motion. One form for making a substitute. motion is to say, "I wish ! to introduce the following substitute motion. . . present the substitute motion .. ." When a substitute motion is before the council, the council I must decide which of the two motions, the original motion or the substitute , motion, it wishes to consider. The council must vote on this question. A "yes" vote favors considering the substitute motion. A "no" vote favors considering the original motion. The 90uncil must then discuss and vote upon the selected motion. ....... i j 159 , I i I . S!-f. :So &yvkl Or~ ~ J-- ¿'\ I Section 21..2: DUTIES AND RESPONSIBILITIES OF COUNCIL MEMBERS: Subd. 1. General Responsibilities. Except as otherwise provided by Statute or these Ordin nces, neither the M~yor nor any. Council member has authority to undertake any action on behal~ of the City, unless t~at action is authorized by the Council acting as a bôdy. No Council member may individually eµgage in any of the following activities unless authorized by the Coun iI, or permitted by Statute or Ordinanc~: i a) Enter any cpntracts on behalf of the City. I , Direct or discipline an employee of the City. b) c) Review, copy, disclose or remove documents held by the City which .are confidentiallunder the Data Practices Act or attorney-client privilege. I . d) Express an þpinion which does not accurately represent a position of the City while prepo:rting to speak for the City. e) Engage in apy negotiations, request action, respond to requests or undertake other contact wit~ another political subdivision under the appearance that the action is taken on behalf of the City. ! t) Communicdte.directly with the City Attorney, City Engineer, Accountant and other indep~ndent contractors retained by the City regarding City business. I Subd. 2. Individual Action Permitted. Notw~lhstandingthe provisions of Subd. 1 herein, a Cou cil member may indfvidually undertake· actions on behalf of the City under the following circu I stances: ... a) As authorized by Minnesota Statute. i b) As authorized by these Ordinances. I , I c) As authåriz~d by motion or resolution of the Council. I i . I 8 I . . . . Subd.3. Individual Authority of the Mayor. The Mayor is hereby authorized to actin the folIo ing matters on behalf of the City: a) The Mayor fhall serve as police commissioner and shall field complaints or comments r~garding the police department and. report to the.Council with his or her finding. i The Mayor shall not discipline an officer nor set enforcement policy. I I b) Appear as al representative of the City at functions, accept and present awards on behalf ofth~ City, and serve as an "ambassador of good will". i I c) Oversee th~ function of the departments of the City and serve as a liaison between the Council ¡ and the departments. I d) Solicit opinions on behalf of the City from the City Attorney, City Engineer and other indep~ndentcontractors of the City. e) Serve as City representative on the St. Cloud Area Planning Organization. f) Provide diréction to City employees where emergency action is necessary and the convening ~f a Council meeting is impossible. Section 21.3: PERSONAL INTEREST. City Council members may not use their . positi n on the Council to Jadvance any personal interests or concerns, or take any action on matte sin which he or she has a personal or financial interest. A Council member shall identify any s ch personal conflict þfinterest and abstain from consideration ofthe issue. , i Section 21.4: ATTENDANCE AT MEETINGS. City Council members shall make reasonable efforts to regulàrly attend Council meetings. Due consideration in attendance will be made Ifor personal vacatiOl}s, military service, illness, emergency or irreconcilable conflicts. Repeated unexcused abse~ces may be grounds for discipline. ! Section 21.5: DISCIPLINE. I i I Subd. 1. Grounds.¡ The following are consid~red. grounds for discipline of a council mem er: i i a) Violation o;f a provision of this Ordinance. I I b) Violationdf state law governing the activities of a Council member. , I c) Violation· 6f or· disregard of a duly authorized resolution of the Council. I I ¡ I d) Convictionl of a felony, or a crime involving dishonesty or moral turpitude .. committedlwhile in office. , I I 9 I I . . . . , e) Malfeasanc6 or misfeasance in office. . I , f) Theft or err}bezzlement of public funds or property. I Subd. 2. Initiation 'of Action. Disciplinary action agaiIlsta Council member shall be initiald by resolution ofa ¡Council member and approved by 4!5th vote of the CounciL . Subd. 3. Discipline. The following disciplinary action is available and appropriate to the folIoing offenses: i a) Warning - Jppropriate for initial violations of Sections 21.2, 21.4 or failure to comply wit~a resolution of the Council. I I b) Reprimand i- repeat violations for matters for which a warning was issued, violation o~ state law governing activities of a Council member, or malfeasance or misfeasance in office. I i c) Removal from Office - conviction of a felony or. other crime involving dishonesty or moral tUfpitude, gross malfeasance, embezzlement or theft of public funds or repeated violations of the offense for which there has been prior warning and . d I repnman . I Subd. 4. Removalj Removal shall be initiated by 4/5th vote of the Council which shall . autho . ze a recall election pf the Council member or direct the City Attorney to instigate available legal ction to remove the ¡Council member from office. I Section 21. 6. PENALTIES. The first violation of a provision of this Ordinance shall const tute a petty misdem~anor. Any subsequent violation shall constitut)e a misdemeanor. Updated: 3/18/94 I ! I ... 10 . MEMORANDUM , 320.229.4300 800.572.0617 320.229.4301 FAX i TO: Honorable Máyor and City Council City of St: Jo~eph i FROM: Joe Bettendorf DATE: January 17, 2~01 RE: Engineering I~sues Update SEH No. A-SinGE 0101.00 14 i In an e~ortto bring Mayor Hosch and Conncil Members Schneider .and Rassier np date on current rojects and other p~nding engineering issues, I am providing the following summary of current frojects and issues: 1. Mil stream Storm Se~er Repair, Project No. A-STJOE 0101.00: There is an 18-inch . con rete stonn sewerth~t outlets into the south fork of the Watab River,just south of the box cUlJert under County S~ate Aid Highway (CSAH) 75. The outlet is located just below the dri leway of Millstream ,house, owned by St. Benedict's Monastery. The storm sewer drains" HOrW Park and park Terrace Additions and a small part of Minnesota Street. This is an old I line that is overloaded, Find several sections of pipe at the outlet have washed out over the yea s. The project calls for replacement of the washed out sections. Tbe project also calls for , re~oval of some brok~n pieces of concrete slope protection, and replacement with large granite riprap. The low þid for the work was submitted by Gene Lange and Sons Excavating of Î'aite Park, MN, in rhe amount of $9,756. Work will begin this spring and should take tWI weeks to complete. r ' I 2. cOEPuter Mapping, Pirojeet No. A-STJOE 9602.00: The City has a series of seven maps on our computer system which are updated when projects· have been completed, when ":Iexation takes place, Imd when there are other changes to the data. In addition to the base (or City) map, there are] subdivision, Plat, Zoning, Storm Sewer, Sanitary Sewer, and Water Ma~ maps. These map~ can be printed out in a variety of scales, and can be easily cropped to sho an enlarged area. i 3. Jotph Street Jmpro~ement, Project. No. A-STJOE 9804.01: Joseph Street serves an old r light industrial ~ea in the northeast part of the City. The street was recently relnSlructed frömCounty Road (CR). 13 3 to Elm Street The project included street, curb an gutter, sanitary sevYer, water main, storm sewer, and a holding pond. The project cost . wa $795,000, of which $200,000 was City cost and $595,000 was assessed. Work is co plete and we are pI"<?cessing the final paperwork. Joseph Street was combined with the St. Joseph Business Park uliderone project. I I I I I I I Short Em"" Hoor''''''o '0'. I Offices located throughout the Upper Midwest Equal Opportunity Employer . i . i We help you plan, design, and achieve. , I · Engmjrng Issues Update I I < January I 7,2001 ! , . Page 2 I I 4. St. oseph Business Patk, Project No. A-STJOE 9904.01: The Business Park is located in the ortheast comer of the City. The project included sanitary sewer and water main on Elm Stre t from old CR 133 ~o Joseph Street, and on new CR .133 from Elm Street to Minnesota Stre t. The project cost was$605,500, of which $67,500 was City cost, and $538,000 was yð asse sed. Of the asses~ed amount, L$121,200 is a deferred assessment to be paid in ~ / ðO accordance with terms ¡spelled out in a Developer's Agreement the City has with Leo (I::) \ Bueltner, the original o~ner of the land. This project was followed by the reconstruction of \ CR 133 in a new locatio* (a Steams County project). 5. NO~hland Addition, p~ject No. 9905.00: Northland Addition is a development located just north of the old railroad bed and east of CSAH 2. This project included street, curb and guttFr, sanitary sewer, ~nd water main for Northland Plat Four, and the construction of Northland Drive from <CSAH 75 to Gumtree Street. The construction of Northland Drive profed a badly needed! second accesstofue Northland area The project co~ WM $332,000, all . f which was assessed. The next addition, Northland Plat Six, is currently being platted, and improvements are e~pected to go in the summer of 2001. i 6. Ca!ital Improvement Program, Project No. A-STJOE 0002.00: Last year the City began an ïpdate of its Capital Improvement Program. In the past, this has included a 5-year street . Co~truetion program, along witb a list of ofuer priorities.. During 2000, our main focus was the CR 121 Improvement, which will be constructed later this year. The Millstream storm se er project and the sanitary sewer televising project were also taken from this list. Dick Ta~fen and I are in the þrocess of consolidating and updating this list. We will have it ready f0'F0nnty review in Firuary ofthis year. 7. POfd View Ridge Six, rroject No. A-STJOE 0003.00: Pond View Ridge is a development locfted south ofMinne~ota Street and east of 12th Avenue Southeast. Five phases have been cOJPJeted, and fue sixI1 addition is scheduled for construction fuis summer. 8. C· 121 Improvem~nt, Project No. A-STJOE 0004.00: This project includes recbnstruction of CR 121 from Minnesota Street to CR 138. Though the County will design anI manage the road construction portion, the City will be responsible for designing sanitary se er and water main I improvements from Minnesota Street to the south city limits. We ex¥ined the feasibility of the project last winter and held two informational meetings last ¡g. A number of property owners in fue area wanted sewer and water, but would not ag ee tothe projected a1se~sment for fuese impr~vements. After the residents infue proposed ; exatlOn area voted ~gamst gomg forward with the proJect, a number of residents along C~ 121 petitioned for ~anitary sewer and water main.. This smaller area qualified for . grant as~~tance, and a grant ~pplication was submitted to the Department of Trade and Economic De elopment. We expect to hear if we are successful.in early march. If we are successful, the uti ity ?ortion of the p~oject will likely go forward, and the residential prop~rties along CR 12 w1l1 not be assessed for sewer and water. If we are not successful, City costs go up . m rkedly and we must te-evaluate the project quickly to determine what portion ofthe utility im. rovements can be ihstalled cost effectively. The area along CR 121 from the Township H 11 north has been a~exed to the City, along with a large parcel south and east of Kennedy I I I I I . . ~ . ) . . Enginee ing Issues Update . January 17,2001 " Page 3 I . I I , I I i Elenrentary School. The hext step 1sto wait for word on the grant. The County is doing their prel~minary survey now, and will design their portion this winter and spring. I don't expect to see construction go for~ard until late summer. The County will be acquiring additional proRerty for this project, land the City must bear the cost of all newly purchased rights-of-way Wijin the city limits. 9. Golf Course Development, Project No. P-STJOE 0005.00: Last year, there was talk of a pro~osed golf course de~elopment along CR 121 south of the current city limits. The golf course proposal has be~n abandoned, but there may still be a housing development just souteast of the Townsbip Hall. The project is dependent on installation of sewer and water wit the CR 121 Improv~ments. I , 10. Mu icipal State-Aid Street System, Project No. A-STJOE 0103.00: With the recent anration ofland to thp City along CR 121, the population of the City bas gone over 500, and St. Joseph is now ia State-Aid City. A Municipal State-Aid Street System has been I developed and approved~ allowing St. Joseph to share in state-aid funds. 11. St.p.ndel Sewer Neg~tiati.ns~ Project No, A-STJO ¡ 0104.00: 1\ portion of S.t. Wendel To nshIp along Watab and Rasster Lakes has been consIdenng samtary sewer for a number . of tears. In a report datbd February 25, 1997, I pulled together information available at the timf :egardi.ng ~otenti.41 ~astewater. flows and the projected long ten}). servic.e area. I cOïbmed thIS wIth projþctlOns for ultImate development of the St. Joseph TownshIp orderly Jexation area and arriyed at the following: Pnj!ected immediate flo~ from St. Wendel · 50,000 gal/day Pro' ected long term flow from St. Wendel 170,000 gal/day i I I ent Trunk Sewer Capacity available to St, Joseph 600,000 gal/day ent Treatment Capdcity available to St. Joseph 600,000 gal/day I ent flow from St. Joseph 340,000 gal/day ent surplus capacitx 260,000 gal/day I UI imate development dforderly annexation area 3,379,800 gal/day I A rCiSion must. be ma\le soon with regard to serving St. Wendel Townsbip. The City of St. CI, ud has offered St. ¡oseph an additional 1,500,000 gal/day in trunk sewer capacity (not tre. tment) for a· calend~r year 1999 price of $772,000. Issues now on the table: Should we ag lee to accept Si. We,\del Flow? Should we buy tbe additional space ftom St. Cloud? If yes, ho will we pay for it? Should we be planning for another trunk sewer to take long term fut re development? I . i I I I I · RngmJmg Issues Update I I ! . January 7,2001 f . Page 4 ¡ i 12. Cur ent Transportation Issues: I I A. St. Cloud West Mbtro Corridor Study - A future north~south highway with limited access to be located somewhere between St. Joseph and Waite Park. B. Future east-west cçllector street south of St. Joseph - Currently called Field Street in our MSA system. I C. Future collector street through St. Benedict Property - This is a very sensitive issue that needs to be resolved. The City agreed to develop this route as part of a 1992 annexation agreement. The Tdwnship insists this route be developed· as agreed, the College and i Monastery oppose the route. D. Future west bypas~ - In year 2004, the County plans to realign CSAH 2 west of St. Joseph. Instead of¡ running straight into West Minnesota Street, CSAH 2 will curve north and connect I to CSAH 75 at CSAH 3. This project will undoubtedly generate I concern among the¡ downtown businesses since it takes traffic out of downtown. i other lan the items noted a¡ove, things are pretty quiet! i jrb/djg I . Enc10s . res I c: Judf Weyrens, City of St. Joseph Dick Taufen, City of sd Joseph Jo I Scherer, City Attotney \\sehsc3\sccv tjoe\corr\engineering issues update.doc. I I i I I . .. i . . . . . ," . I . HANDBOOK FOR MINNESOTA CITIES Chart V I Principal Rules Governing Motions I I M . tions__ These are a formal· method of bringing business before the council and for stating proposi- tion on which the council will have to make a decision. The list contains the more common motions. Motions can be made only by the councilmembers, clerk or mayor. R~quires a second-MotIons which have a ''yes'' after them in this column must be seconded by a cOU;bilmember before they can be considered. The maker of a motion may not second his or her own mo~ n. By sec<)nding a motlpn. a person does not necessarily indicate that he or sh" is in favor of it. C n interrupt a speaker+Motions which have a "yes" in this column can be made at any time during a cou cil meeting. They may tie made even while another person has the floor and is speaking. D~batable-A ''yes'' in this· column means that the council can discuss the merits of the motion. A "no" me~ns that no discussion is ¡allowed, and that the motion must be voted on as soon as it is made and sec~ded. I A. endable-Motions with an affirmative mark in this column can be changed by amendment. Motions with la "no" in this column m4st be voted on in the same form as the motion was originally made. Vøterequired to pass-This tells whether the motion requires a simple or a two-thirds majority for passage. i -. C~n be reconsidered- Tris indicates whether or not a motion that was once passed or defeated by the cou~cil can be considered again later in the meeting. [ 1 Requl'es Con I"",,"pt Vote ReqUired Can Be . Motions ! a Second a Speaker Debatable Amendable to Pass Reconsidered I. P IVILEGED MOTIONS' I 1. To adjourn2 I Yes No No No Majorily No 2. T6 recess (10 lake a recess)3 ¡ Yes No No Yes8 Majority No '3. Ttaskforaque~ionof~MIeg~1 No Yes No No No Yoie' - II. S BStDiARY MOTIONS' í 4. T; poopone IernpOfariIy ] Yes No No No Majori~ No (I Y on the table)7 5. T postpone to a definite time· Yes No Yes Yes9 Majority Yes 6. Tf postpone indefinitely7 ! Yes No Yes No Majority Only a positive ! vote'5 7. Tt vote immediately on the question'O Yes No No No 213 No ( . revious question) I 8. ~ place a limitation on debatel1 ¡ Yes No No Yes 213 Yes 9. .l refer the motion to a committee Yes No Yes Yes Majority Yes 10. 0 amend a motion, ordinance orl Yes No Yes Yes Majority Yes ~SOIUtiOn 11. 10 substitute one mOlion, ordinance Yes No Yes Yes Majority Yes 0lr resolution for another I III. MAIN MOTIONS I 12. 4nygenera' motion, resolution, or Yes No Yes Yes Majority'2 Yes ordinance ! 13. ~o reconsider a motion already I Yes Yes Yes No Majority No passed or defeated'3 i 14.1'0 consider an action previously! Yes No No No Majority No !~ned temporarily or laid on I ble (to remove from the lable) . 15. 0 appeel or challen,.. ,,11"1 by Yes Yes Yes No Maiori~ Yes residing officer'· I 178 '* ._""... . . . ~, . ¡e CHAPTER 7 FOOrOtesto Table of Motif"S: 1 Privileged motions are motions that are so important that they are given special consideration. These motions can be made ati any time, even if another motion is being considered at the time, and they Inust be settled or votedjon immediately. i I To adjourn means to e~d the meeting for that day. I To take a recess mean~ to stop the meeting for a short time. i This kind of motion refers to matters of personal concern that may be brought up by one of the councilmembers. Examples are the following: to ask for order or less noise among people at the r-eeting; to request a re~tatement of tM motion; to ask the chair to have the windows opened or the eat turned up, etc. I I I fuestiönSOf pereonal þrivilege are not vofed on but are settled by the presiding officer who is ex- ected to honor the request of the member, unless it is dilatory in intent; Le., unless the request is ade for the purpose o~ deliberately interfering with the council's work. rSubsidiary motions eit~er change or dispose of a main motion. Their name derives from the fact that ~hey are subsidiary to the main motion and, therefore, can be made only when the council is consider- . iilg a main motion. I [see the discussion on ¡he motion ~o postpone indefinitely." laThe motion to recess 1ay be amended only as to the time or duration of the recess. 9The motion to postpon~ may be amended by changing the time to which the motion is postponed, but it may not be amended ~o postpone it to an indefinite time. 10See the discussion onl the motion "previous question." I 11This motion restricts the length of time for discussion of a question. 12An ordinance must receive an affirmative vote of a majority of the whole council; Le., at least three members of. the council, must vote in favor of an ordinance before it becomes law. A majority of those voting on the issue is all that is required to pass an ordinary motion or resolution. I 13See the discussion ori"reconsideration." I i 14See the discussion 0i"role of the presiding officer." 15The motion to vote im'mediately on a motion can be reconsidered only if it was passed when first I considered. See also the discussion of reconsideration. ! I I i I , . ¡ 179