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HomeMy WebLinkAbout1998 [05] May 21 I I I i Page 3321 i Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular i session on Thursday, May 21,1998 at 7:00 p.m. in City Hall. MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit. Clerk/Administrator Rachel Stapleton. , I OTHERS PRESENT: Judy Weyrens, Chad Carlson, Ellen Wahfstrom, Steve Streng, Kevin weiskr, Fred Reber, Jim Graeve, Tom Herzog, Ray LoehJein, Vem Boos, Mark Levandowski. I I ¡ Mayor Hiemenz called the meeting to order at 7:00 p.m. with Councilors Loso, Ehlert, Niedenfuer and Twit present. AGENDA: Twit made a motion to approve the agenda as revised; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. MINUTES: Mayor Hiemenz stated the minutes should be noted unofficial rather than draft. Loso made a motion to approve the minutes as presented; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer. Twit Nays: None. Motion carried. CONSENT AGENDA: The council considered the consent agenda as follows: A. Variance on Garage Size in Pond View Ridge, Kevin Weisser - Planning Commission's Recommendation to approve as follows: I i The property is legally described as Lot 8, Block 4 Pond View Third Addition; 337 Pond VieW Lane. The request for variance has been submitted by Kevin Weisser, 32612 Pamela Lane, St. Joseph MN 56374 i I I Resolution of findings I The request of Kevin Weisser for a variance came before the Planning Commission at a I public hearing held on May 4,1998. The purpose of the hearing was to consider a 216 foot variance on the maximum allowed square footage for an accessory building. St. JoseDh I Code of Ordinances. 52.16 subd 4(e)[i] states One or two accessory buildings covering a i combined area not greater than 900 square feet are permitted. I I In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings. St. Joseoh Code of Ordinances 52.7 subd 2(c): That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands In the same district. I Finding: The St. Joseph Planning Commission has been reviewing and preparing I recommendations to update the St. JoseDh Code of Ordinances. During this process, the Commission will be recommending the Ordinance 52.16 subd 4 (e)[i] be changed to allow 1100 square feet and delete 52.15 subd 4(e)[ii]. The recommendation is to increase the maximum square footage of accessory building by 80 square feet. The maximum lot coverage provision would still apply. St. Joseph Code of Ordinances 52.7 subd 2(d): That the proposed variance will not impair an adequate supply of light and air to adjacent property, or diminish or impair May21,1æB Page 3322 established property values within the surrounding area, or in any other respect impair the public health, safety or welfare ofthe residents ofthe City. Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approve a 200 foot variance on the maximum allowed square footage of an accessory building. The Commission is recommending decreasing the request from the original 216 square feet due to the proposed Ordinance change. It is the opinion of the Planning COmmission that 1100 square feet of accessory building is suffici1~nt for Residential zones. B. Special Use Permit to allow a rental unit in a General Business Zone, by Michael Deutz - Planning ~ommission Recommended tabling the matter for up to one year as follows: The property is legally described as follows: The South half of Lot 7 of Block 9 of the Original Town of St. Joseph, Steams County, Minnesota. Less and except the east 10.00 feet thereof. The Commission discussed the need to have a development plan! before approval for a Special Use Permit is issued and tabled the matter for a period not to exceed 12 months on Deutz's written agreement to waive the 60 day statutory land use action requirement. C. Cell 2000 Request to Lease Space on Water Tower- Refer to Task Committee (Mayor Hiemenz, Richard Taufen, Rachel Stapleton) D. Set Council meeting dates for June and July Council meeting dates to June 25and July 16, (omittin(tthe regular meetings of June 18 and July 2). E. Resolution to Decertify Tax Increment Economic Development District Number One (DBL Labs TIF District), due to no activity within three years of the !Certification, certified April 27,1995. F. The Fire Department is requesting to hold a water ball competition involving about 8 area Fire Departments, on July 3rd at 7:00 p.m. on Minnesota Street by the Krebsbach property. This would require closing one block of Minnesota Street from College Avenue to 1st Avenue East from about 6:30 p.m. to 9:00 p.m. Both the Parish and Courrty Engineer have been contacted and neither has a problem with it. The Council discussed the Planning Commissions findings on the Varianc:e request supported them. They also discussed if the proposed Fire Department water ball competitil)n would conflict with the 5K run July 3"'. Ehlert made a motion to approve the consent agenda accepl~ng the Planning Commissions recommendations for the Variance and Special Use Pennit requests; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. BILLS PAYABLE, OVERTIME & CALLOUTS: Deputy Clerk Judy WeyJ1~ns presented the Bills Payable check numbers 25435 through 25483 and discussed several bills and the breakdown of revenue derived from the auction. After short discussion Loso made a motion to approve the bills payable; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. May21,1998 I I I I I I , I I Page 13323 I , After a short discussio/1 of planned overtime Twit made a motion approve the callouts and overtime as presented and to require all planned overtime have prior approval of the City Council, with a I memo relaying the information to the Department Heads; seconded by Loso. 1 Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. PUBLIC COMMENTS TO THE AGENDA: Ellen Wahlstrom, Resident of St. Joseph, stated the audio needs to be better for transmission over the cable access channel, and recommending everyone speak into the microphones. She stated all material included in the Council discussion ~nd presented at the meeting needs to be available to the public. ! i Jim Graeve, Resident, complimented Councilor Niedenfuer for holding monthly meetings. He also recommended keeping the papers away from the microphones and not shuffling them, and only one person speaking at a time. I Chris Govem, Tenant, stated that a noise violation hearing to be held on June 4,1998, arose from an incident at their residence. He stated some of the residents of the property will not be able to corrie to the hearing, but wished to present a formal publicapology. Govem spoke for the house and formally apologized. ! Fred Reber expressed concem about a building permit being issued for a non-conforming use on a property. Mayor Hiemenz indicated the matter has been taken into consideration and the City ! Attomey was consulted for recommendations on the matter. The resident confirmed he will only be using the property for his own use. DEPARTMENT HEADS REPORT EDA DIRECTOR - CHAD CARLSON: 1) TIF Policy - Carlson presented and discussed a TIF Policy for the City of St Joseph, as reviewed, approved by the EDA Board and recommended that City Council approve it as well. Discussion _ I $17,000 is required up front deposit by a developer. Carlson stated this amount is recoverable by the developer through the TIF revenue. 1 Twit made a motion to approve the Tax Increment Financing Policy as recommended by the EDA I Board; seconded by Ehlert. Discussion - Ehlert discussed making projections on area growth as well as jobs. I Jim Graeve questioned if there is any guarantee of the level of pay required for jobs, such as the ! prevailing wage. Discussion followed of the allowance for negotiation with the company in several. areas including level of pay, and requirements area impose. The company needs to demonstrate the "but for" clause that without TIF financing the project would not be feasible. 'I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. i Carson stated the County Road 133 Right-of Way issue will be dealt with at a future date and ! , recommended holding a special meeting to address the matter. The Council agreed to hold a special meeting on Friday, June 5,1998 at 3p.m. ! ! , The resident concems on County Road 133 would also be addressed at the special meeting. Ehlert' asked to hear their concems at this meeting since they were in attendance. Mark Levandowski, TOrn Herzog, and Vem Boos discussed that their properties all lie on the proposed curve for the . ! realignment of C. R. 133. They expressed traffic and safety concems. They also have concems on the funding of the project and benefit to property owners, I ! ¡ ! May21,1996 Page 3324 Further they discussed, it was their understanding the County was supportive of the City determining the precise location for the realignment of C. R. 133. They recommended locating it on Joseph I Street, thereby providing a mUCh needed upgrade to that street, extend C. R. 133 east from Joseph Street to connect in the area of Bee Line Marine to access that stop light, eliminating an additional proposed stop light on CSAH 75. This matter will be further addressed at the Special meeting scheduled. Carlson reported the Building Task Force recommended reviewing the existing site for feasibility of revamping it for use as an interim building for the City needs, while delaying construction of a new facility a few years. A representative of Hagemeister Mack will review thEJ situation and present a proposal. POLICE REPORT ON STREET FIRE: Mayor Hiemenz as Police Commissioner, reported there were two recent street fires. He recommended more people pay attention to activities in their neighborlhoods and report them to the police. Mayor Hiemenz wished to thank the person that notified the police and allowed Officer Bill to catch one individual alleged to be one ofthe persons responsible for that fire providing an opportunity to charge him with arson. EMERGENCY SIREN: Loso presented a proposal for a second emergen'Gy siren to serve the southeastem portion of the City. He stated the costs of the siren is about $15,200. $450 is deducted if payment is made within ien days of receipt of the siren. The cost of the 65 foot pole, on which the siren will be mounted, is $1,401.30 plus installation. St. Joseph Township has agreed to donate $2,500 toward the siren. With the budgeted amount and the donation from the Township there will be a deficit of about $4,200 to be provided from the General Fund. After short discussion Twit made a motion to approve the purchase of the siren with installation and allow the deficit be funded from the General Fund balance as presented; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I JOINT PURCHASE OF THE ROTH PROPERTY: Mayor Hiemenz stated St. Joseph Township has agreed to joint the City in the purchase of the Roth property or are comfortable not joining the City in such purchase at the City's discretion. They are comfortable with either situation. Loso presented Minnesota Statutes 462.356 Subdivisions 1 and 2 discussing certain procedures required for municipal acquisition or disposal of real property or capital improvement, after a comprehensive plan has been approved by the planning agency and filed with the goveming body. He stated the proposed purchase needs to be considered by the Planning Commission. Niedenfuer Loso stated !bat to supersede such requirements a two-thirds majority vote is needed by the council. He also felt the City may not speculate on property. Loso made a motion to table the matter until the Planning Commission can review it or unless two- thirds of the Council deems that this matter has no relationship to the Comprehensive Plan or that the purpose of buying this property is directly for the benefit of the City or the City residents; seconded by Niedenfuer. Discussion - Ehlert did not feel this proposal was speculation, as it would provide a good site for the City facilities. Loso stated the site for the City facility has not been determined yet. He further stated the neighborlhoods such as the one in that area need to be preserved. Ehlert stated he was opposed to having additional information introduced Ito the Council at the meeting_ He felt they should have been given the opportunity for prior re~'iew of it. Vote on motion to table: Ayes: Loso, Niedenfuer. Nays: Hiemenz, Ehlert, Twit. Motion fails. I May21,1900 I I I , , i Page 13325 I Further discussion: Twit reiterated Ehlert's statement of wanting to receive the information prior to the discussion at the meeting. He further stated the Roske property with the Roth property is one' of the sites being considered for the municipal building. Therefore this is not speculation. 1 ! , Niedenfuer stated the Mayor indicting acquisition of the Roth property, making that part of the Roske property more marketable would be considered speculation. She also wished to preserve the neighborlhoods. She further stated the City could consider using the adjacent lot of the Roske Addition as "green space" in the City. Niedenfuer requested that the City Attomey clarify if the approval to purchase said property requires a super majority. I Mayor Hiemenz stated he discussed the matter of the acquisition with the City Attomey John I Scherer and this matter was brought to the Council earlier and the price has been negotiated and the Council should be ready to act on it. Ehlert expressed that St. Joseph Township is interested in joint purchase of the property. ! I After further discussion Twit made a motion to pursue the purchase of the Roth property, jointly with St. Joseph Township as proposed, subject to the City Attomey's review and interpretation of the legal a\;pects and approval of the process. Further this motion clarifies that the City Council is not tempting to violate any State Laws or circumvent a process; seconded by Ehlert. Ayes: Hiemenz, Twit, Ehlert. Nays: Loso, Niedenfuer. Vote 3:2 i ~t.997 AUDIT, T" ,_'oo",'h, ..... of~, ~m"","" tmm "" ,"'" to biD Sl ,""",ci, '1d requested the Council receive a copy of the referenced agreement. Twit also, felt in his opinion t¡lTer e was gross negligence that this had not been billed out. Stapleton stated St. Benedicts 0 fficia Is h ve been contacted and a letter of billing with supporting information has been sent. Hiemenz r quested the Council be provided copies of the agreement. ouncilor Loso stated that it is his recollection that the City could not collect or assess the fees until the property is developed. Further, when the property would be developed the fee would be i cbllectible. This information could be obtained by researching the paper work from 1992. Stapleton aþreed with Loso and stated it is not clear as to when the assessment is collectible but it is clear that it ï:1 with interest. Loso and Stapleton both stated that the amount owed is similar in nature to a 1 deferred assessment. The City could not defer the assessment as the prQperty was not within the ·1' Qorporate Limits. . I Ehlert questioned when it was agreed that it would billed and collected and if this was the first timØ it aþpeared in the audit. Stapleton responded that she was not sure when it would be billed. As fat as aþpearing in pervious audits, she stated that it was tied together with the Special Assessments so 't did not show up. Jayor Hiemenz wished to note that the Audit report also commended the City on establishing an I~vestment Committee. CbMPLAINT: After short discussion of Council involvement in decisions on complaint procedure~ a/1d the requirements of the data privacy laws, Loso made a motion to take no action and allow the decision of the Chief of Police to stand as a final disposition per the City Attomey's recommendation. The motion was seconded by Twit. Discussion - Mayor Hiemenz reported that the Chief of Police 'felt t~e matter should be investigated by an outside agency, but the City Attorney felt there was not neect. MAYOR REPORTS: 1) The Steams County League met recently. Items discussed were upcomi~g well water testing clinics, Paynesville's contamination in their municipal wells, and the Cities need to attend the public heanngs on Steams County's proposed feed lot ordinance. i 1 ! '.-' " !. , ~,re ., Page 3326 2) The St. Cloud Area Planning Board consultant are reque:;ting inform~on from the area communities. ,here will also be requests for some people to serve on subsidiary committees. One area of work will be on the fringe areas. 3) The Coalition of Greater Minnesota Cities will be holding their annual conference in Mankato. 4) The 1998 Street Improvement project caused some concem on 5th Avenue SE with the street being placed off center. The Engineer stated this was necessary to align it with prior projects and felt the matter was resolved. 5) Chief Lindgren and Mayor Hiemenz attended a seminar on race relations recently. He indicated a need to. be proactive rather than reactive, and stated he is willing to work with anyone who should wish to work on this issue. 6) Mayor Hiemenz reported he and Richard Taufen are looking into a situation of a resident concern of her private driveway being used as a public roadway. The "Dead End" :sign needs to be removed with possibly a "Private Drive" sign installed. COUNCILORS REPORT TWIT: 1) The EDA Board met twice recently to address the TIF Policy. Eel Tschida, Minnesota State Planning, met with the Board and indicted support of the philosophy to be ready to construct, rather than extending resources in speculation. He state the City needs to be able to provide waterto a property for .development within 90 days of contact. 2) The Investment Committee met recently, reviewed the Bond Issues, and recommended establishing a policy to retain six months reserve funds as a minimum goal. 3) Gamage pickup for rental units of three or less was recommended by the Rental Housing Ordinance Review Committee. Twit and Loso will meet with the refuse service representative to work out the details. EHLERT: 1) The Joint Powers Commission of the City and Township and the District three County Commissioner will meet on June 2 to consider a petition to plat Bauerly Addition. 2) The Planning Commissions of the City and Township also will be meeting to review and consider revising the Zoning Ordinances of each entity to coordinate the zoning. The Township Attomey and the City Engineer will be used in this project. 3) The Park Board met recently with the main focus of interest being Northland Park. The Park Board has gathered information from the Northland property owners on their desires for the development of Northland Park with a willingness express by the residents to donate towarnls its development. 4) The Special Planning Commission meeting scheduled for May 20 was cancelled due to lack of a quorum. LOSO: 1) The Building Task Force met recently and is proceeding with re~iew of building sites. 2) The emergency siren is expected to arrive in 8 to 10 weeks. NIEDENFUER: 1) CORE met recently with a year end wrap up pizza party, with the pizza donated by the colleges. Another community day is being considered with pemaps a brunch and children's activities. May21,1æ6 I I I I Page 3327 I , 2) A mural was completed on a building on Minnesota Street. This project incurred more cost than was anticipated. Donations are being sought to assist in defraying the $1,300 cost of the project. After short discussion Loso made a motion to approve $400 toward the funding of this project; seconded by Ehlert Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 3) A self defense course for womenl1as been scheduled to begin June 3'" with Certified instructors, at a subsidized cost per participant of $15 (normal cost is $50). I 4) On Niedenfuer's asking the status of the concem on alleviating the safety problems on Minnesota Street by the Lab SChool, it was reported the Maintenance Department has not yet made any report on the signage recommendations. CLERK/ADMINISTRATOR REPORTS: 1) The Board of Equalization Report of Values Sent to Property Owners. I 2) The State Demographer reported the City of St. Joseph's 1997 population estimate is 4,475, wth household estimate of 1,013 I I 3) A request for street signs in Pond View Ridge on Dale Street by 10'" Avenue SE was referred to the City Engineer. 1 4) Dog licensing clinic was held with 29 dogs serviced at the St. Joe Vet Clinic, while the City has 'SOld 23 dog licenses. Twit reported Dr. Boysen expressed strong feelings of the need for greater enforcement of licensing and dog control. 5) Summer Workers - There has been no student response in the City seeking summer workers, I which qualify for the ST. Johns Federal program. After short discussion of the immediate need for- workers, Mayor Hiemenz made a motion to approve advertising and hiring three summer employées, up to 40 hours per week, at a wagEr range of $6 to $7 per hour, to be to be negotiated depending on qualifications, with one of the employees to be through the St. John's subsidized program. Flexible schedules will be considered. The motion was seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 6) The City Attomey is preparing a revision of the proposed rental housing ordinances with the changes approved by Council, for consideration at the next Council meeting and reviewing the specifications for the Fire Department Tanker Apparatus. . 7) A meeting was held recently concerning Ordinances for the Lake Wobegone Trail. The County is working on ordinances that conform to all the communities. Allowed uses are hiking, biking and I snowmobiles. No other motorized vehicles will be allowed. . I , . I 8) The street lighting will be installed soon. Steams Electric will be installing the lighting in Pond View Ridge. There was a question if the City would own the equipment after it is installed. Either I method, monthly payment plan or up front costs, Steams EJectñc'r'etains ownership and maintenance responsibility for them. The Council requested the proposal to be clarified for reconsideration. I , , I 9) A group recently had rentect Millstream Park but the Lions Club used the shelter that evening with the group meeting outside the~. Therefore they are requesting a retl!Þd of the rental fee. A I' motion was made by Twit to refÜ", the rental fee as requested; secondediI(Y Mayor Hiemenz I May21,1996 I , I i I I Page 3328 Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. MISCELLANEOUS OR ANNOUNCEMENT ITEMS: Michael Deutz stated he wished to speak to the Council. He discussed contact he had with the Fire Chief on a Fire Inspedion of his building. He indicated frustration with the inspection and situation. He felt the Fire Chie,f should be trained, educated and certified in areas which he is givell authority, such as building inspections for fire code. The State Fire Marshall was called in to do an inspection ofthe building and resolve the matter. Ehlert stated the planning process is being reviewed to include the Fire Chief in the preliminary planning process. He will receive copies of the minutes and pertinent information from the Planning Commission. Twit clarified that the Fire Chief has stated that if he is to continue performing inspections he needs to be involved in the planning process. Thus he made the request to the Planning Commission. Hiemenz stated that the Fire Chiefhas a manual to be used as a guide for inspections and he can call the Fire Marshall for areas he is uncertain off. Their was a complaint and the Fire Chief and Building Official proceeded to respond to the complaint and inspected the property in question. At 10:00 p.m. Mayor Hiemenz extended the meeting. The Council discussed the level of duties and required qualifications of th¡¡ Fire Chief, indicating as they increase, the time demand ofthe Fire Chief will be increased. After further discussion the Council agreed to research this matter through the League of Cities. Twit made a motion to adjoum at 10:10 p.m.; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. VkMJiifti~ Rachel Stapleton Clerk/Administrator May 21 , 19re I I I