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HomeMy WebLinkAbout2005 [01] Jan 03 I I I January 3, 2005 Page 1 bf 5 I , Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in special session on Monday, January 3, 2005 at 6:00 PM in the SI. Joseph City Hall. . , Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. City Administrator Judy Weyrens. " I . i. I Citv ReDresentatives Present: City Attorney Tom Jovanovich, Police Chief Pete Jansky, Public Works' Director Dick Taufen. I Others Present: Mark Lease, Shelly Nowling, Ronnie Carlbom, Cheryl Gewe, Nancy Rassier, AI Studniski, Racheal Gerads, Brian Gerads, Barb Carlbom, Dawn Kilgriff ADDrove Aqenda: Rassier made a motion to approve the agenda as presented; seconded by Wick and passed unanimously. I i Consent Aqenda: Wick made a motion to approve the consent agenda as follows; seconded by Rassier and passed unanimously. I a. b. c. d. e. I f. g. Bills Payable - Approve check numbers 35097-35214 Minutes - Approve minutes for December 2004 , Contract Payment - Authorize the Mayor to execute application for payment No.3 for the 16th Avenue Improvements and authorize payment to Randy Kramer Excavating' in the amount of $ 1,539.00. FEMA Grant - Accept the FEMA Grant in the amount of $ 38,700 and authorize the expenditure for the equipment funded. I Continuing Disclosure Report - Accept the Continuing Disclosure Report as required by the issuance of the 1997 Bond Issue. I Performance Review - Accept the recommendation of the Personnel Committee for the 2005 Compensation for the Administrator and Police Chief. I EDA Annual Report - Accept the 2004 Annual Report of the 51. Joseph Economic Development Authority as presented. I Public Comments to the Aqenda: No one present wished to speak. , Abandoned Vehicle Ordinance: Previously, the Council has discussed the current ordinance violations at JR' Mobil, 13- 2na Avenue NW, and whether or not an amendment could be considered to please bot~ the property owner and the City. Chief Jansky discussed enforcement of abandoned vehicles with the I surrounding Cities and discovered that SI. Joseph regulates abandoned vehicles in the same fashion as all the surrounding cities. The current ordinance uses the definitions as defined in the Minnesota Statute. Rassier and Hosch have met with the property owner and are proposing an ordinance amendment as! ~~ ; Section 108.03 Subd. 2: On the premises of a junkyard ora motor vehicle repair business whim such junkyard or business is maintained and/or licensed in accordance with Minnesota Law, i;;ity Ordinances, zoning regulations or any vehicle repair business under operation as of January $, 2005. In the case of a repair business, each motor vehicle must have the intention of being I worked on and maintained or stored in an area screened from public view by an appropriate I fence. Any repair business may not have more than four (4) unlicensed or junk vehicles at any one time, unscreened from public view. I Jovanovich stated that the Nuisance Ordinance for the City came from Minnesota State Law. The State Law requires that abandoned vehicles have screening around them. With the proposed amendment, I Jovanovich stated that there is a problem with using the term "intent" as it is hard to prove intent in Court. As a compromise Jovanovich stated that a time frame for which the vehicle must be finished should be inserted in the Ordinance, removing the word "intent". Jovanovich stated that this type of business is January 3, 2005 Page 2 of 5 normally seen in an industrial area rather than in a residential area. Hosch stated that this is a unique situation and that they need to work with the property owner. I The City has sent numerous notices to the property owner that they were in violation of the ordinance and they have done nothing to abide by the ordin,!nce. Jovanovich stated that a year is plenty of time for them to work on the vehicles. Rassier also stated that this is a unique situation because the City has never dealt with any other vehicle repair business. He agreed with Jovanovich in that the property owner's intent to work on the vehicles is vague. He also stated that there are abandoned vehicles in the Industrial areas as well and this property owner would not be allowed more than four unlicensed junk vehicles at a particular time. Weyrens stated that those property owners in the Industrial area that were in violation of the ordinance made arrangements to clean up the area as required by Ordinance. Hosch stated that the business being discussed at this meeting has been in operation for over 30 years. He further stated that this situation will not occur again as new businesses would be handled differently due to our zoning ordinances. Jovanovich stated that this business is a non-conforming use in a residential zoning district. As a result, the City should not allow this type of business to expand. According to Hosch, this is not an expansion of a current business, rather a lack of enforcement. This issue has come up many times before the City Council and it should be noted that this is a repair shop not a junkyard. There was some discussion as to how they can decide on a solution for this problem. Rassier stated that a permit type process may work, but that may not be the best solution. Jovanovich suggested writing the Ordinance with a timeframe when the work needs to be completed. Wick stated that the work may not be completed, but they need to show proof that they intend to work on the vehicle within a certain amount of time. Jovanovich discussed 3 months as a timeline, however Hosch stated that that is not enough time. Hosch also presented the Council with a draft agreement between the City of SI. Joseph and JR Studniski. The agreement required a fence be constructed by June of 2005 and required a $250 cash escrow until the fence is constructed. As the agreement was presented at the meeting, Jovanovich did not have an opportunity to review the document, but agreed to do so before it would be executed. I Hosch made a motion to amend Ordinapce 108.03 subd. 3 as follows: Subd. 2 On the premise of a junkyard or a motor vehicle repair business when such junkyard or business is maintained andlor licensed in accordance with Minnesota Law, City Ordinances, Zoning regulations or any vehicle repair business. In the case of a repair business, each motor vehicle must be under repair and removed within 12 months. The business owner must provide proof that the vehicle is being repaired. Such proof will include a parts order form or verification of application for title. The vehicles must be maintained or stored in an area screened from public view by an appropriate fence. Any repair business in operation on or before January 2005 may not have more than four (4) unlicensed or junk vehicles at any one time, unscreened from public view. Note: Bold indicates the addiüonal language approved by the Council. The motion was seconded by Rieke. Discussion: Rassier questioned how the City would be able to prove that the vehicles are being worked on within one year. Wick stated that the vehicles can remain on the lot if they are able to show proof of progress. Ayes: Rieke, Rassier, Hosch Nays: Wick, Utsch Motion Carried 3:2:0 I Franchise Fee Amendment: In 2004, the City Council implemented the imposition and collection of a gas and utility franchise fee. The City has been collecting these fees since February of 2004. During a review I I I , ,-,~. _ ~-,.""~','~ ,.,"'0,.-_''', ".' ·_"""-":"""";>_":.wft'''''-'''''~~~O~···' January 3, 2005 , Page 3 þf 5 I of the collected revenue, it was noted that the revenue from Xcel Energy was not meeting the projections. Upon contacting Karen Yound from Xcel, it was discovered that there was an error in the Ordinance for the gas franchise fee. The Ordinance for this fee did not include the correct language for collection on I commercial accounts. It is estimated that the City received $5-6,000 under projections. Weyrens stated that Xcel does not want to back bill the customers to compensate for the loss rather they are willing to i make a donation of $2,500. If the Ordinance amendment is approved, they will begin charging the correct fees in January of 2005. Rassier made a motion authorizing the Mayor and Administrator to execute the Amendment to Ordinance 2003-03 correcting the Gas Franchise Fee. The motion was seconded by Rieke and passed unanimously. Snow Removal: There has been some discussion as to how much snow removal should be done on the City sidewalks. Rassier stated that the City should continue to only remove snow in the Business District. By doing less, there will be fewer complaints. Hosch also stated that it would be best to do Minnesota I Street and CR 121, but not the whole City. ' Wick made a motion to accept the recommendation of the City Staff and keep the snow removll process as is. The motion was seconded by Utsch and passed unanimously. COUNCIL REPORTS UTSCH - No Report WICK Recreation Association: Wick reported that the land lease for Millstream Park between the City of SI. Joseph and the SI. Joseph Recreation Association has expired and they are requesting that the leas~ be renewed as in past years. The lease extends for a period of five years. Weyrens stated this matter dm be placed on the January 6, 2005 Consent Agenda. RASSIER - No Report RIEKE - No Report ADMINISTRATOR REPORTS Initiative Foundation: The City Council considered the request for funding from the Initiative Foundation when the 2004 budget was adopted. The Council agreed to review the matter at the end of the year and they would reconsider the contribution if the revenues were available. I Mark Lease spoke on behalf of the Initiative Foundation. He gave the Council a brief overview of the: Foundation and what they do. He stated that they were established in 1986. They cover 14 counties, but they are concentrated in Stearns County. The Foundation also loans money to new and expanding i businesses. He also specifically mentioned some of the things that they Foundation has done for the City of SI. Joseph such as: · Grants for the Farmers Market · GAP Financing for Single Family Housing · Feasibility Study for the Wobegon Trail · Grant for the Comprehensive Plan Now, the Foundation is requesting that the City partner with them. They are asking for funding in the amount of $1 ,404. He stated that any contribution of the City will be matched by the McKnight Foundation. Rassier stated that the City has gained from the Initiative Foundation the past two years and he supports funding their efforts. He requested that the Council be provided with informati¡n throughout the year I January 3, 2005 Page 4 of 5 detailing their activities. Lease stated that information is available in a report format on their website at ifound.orq. Rassier made a motion to fund the expenditure as requested, expending the funds from the 2004 budget. The motion was seconded by Wick. Ayes: Wick, Rassier, Hosch, Utsch Nays: None Abstain: Rieke Motion Carried 4:0:1 Partnershio - Membershio: Weyrens stated that there was some confusion as to whether or not the Council decided to join the Partnership. The Council accepted the Budget for 2005, which included the membership fee, but they did not authorize the expenditure for membership. Utsch stated that he doesn't see a need for the City to join since the City already contracts with a private consultant to provide EDA Services. He also questioned the need to join the Partnership if the City does not have land to sell. With our current EDA, it is Utsch's opinion that there is no need to spend taxpayers' money on this organization. He also stated that it is his opinion that if we join with the Partnership, we will lose some control over the City's economic growth. Rieke stated that there are citizens who have the same concerns, so he feels it would be a good idea to join this year and then review it at the end of the year to determine whether or not it was a good investment for the City. In Hosch's opinion, the partnership is a very different type of group than our EDA. He sees the Partnership as a good program for the City as they will help with finding Industrial land and with land acquisition. He also stated that the City has always been a member of the Partnership until our recent LGA cuts. Rieke stated that the Partnership provides valuable assistance to its entities such as business retention and expansion. Hosch also stated that the Partnership has helped the EOA Board with its goal setting and strategic planning as well. Rieke made a motion to accept the recommendation of the EDA and join the Partnership with dues of $7,500 I year. The motion was seconded by Wick. Ayes: Wick, Rieke, Hosch Nays: Utsch, Rassier Motion Carried 3:2:0 MAYOR REPORTS Hosch stated that he has mixed feelings about leaving. He thanked the City Staff, Police Department, and previous and past City Council members for everything they have done to help him as Mayor. He also thanked the City for giving him a place to call home. Adiourn: Wick made a motion to adjourn at 7:05; seconded by Rassier and passed unanimously. Judy Weyrens Administrator I I I I I I January 3, 2005 Page 5 of 5 i I Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in special sess'on on Monday January 3, 2005 at 7:10 PM in the SI. Joseph City Hall. Members Present: Mayor Richard Carlbom. Councilors AI Rassier, Dale Wick,' Ross Rieke, Renee Symanietz. Administrator Judy Weyrens. City ReDresentatives Present: City Attorney Tom Jovanovich, Police Chief Pete Jansky, Public Works Director Dick Taufen. Others Present: Mark Lease, Shelly Nowling, Ronnie Carlbom, Cheryl Gewe, Nancy Rassier, AI I Studniski, Racheal Gerads, Brian Gerads, Bard Carlbom, Dawn Kilgriff! . Oath of Office: Weyrens administered the Oath of Office to Mayor Elect Richard Carlbom and Councilors Elect Renee Symanietz and AI Rassier. I Presentation of Service Awards: Rieke presented both Utsch and Hosch with awards for their service as City Council member and Mayor for the City of SI. Joseph. Mayor Carlbom read a proclamation honoring and thanking Mayor Hosch for his wonderful job as Mayor for the City for the past four years. ! Adiourn: Symanietz made a motion to adjourn at 7:20 PM; seconded by Rassier and passed unanimously. ~d2 JUdYWey,k ~J nistrator I THIS PAGE INTENTIONALLY lEFT BLANK I I