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HomeMy WebLinkAbout1998 [12] Dec 03 I i Page 3439 December 3, 1998 I ! Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, December 3, 1998 at 7:00 p.m. in the St. Joseph City Hall. I Members Present: Kenneth J. Hiemenz. Councilors Cory Ehlert, Bob Loso, Ken Twit, Mary Niedenfuer. Deputy Clerk Judy Weyrens. Others Present: Chad Carlson, Steve Streng, Michael Contardo. ADDrove Aaenda: Ehlert made a motion to approve the agenda as prepared; seconded by Twit. Discussion: Loso stated that he will address the cable access issues on the agenda due to the illness of one of the Cable Commission members. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Consent Aaenda: Loso made a motion to approve the consent agenda as follows; seconded by Twit. a. Increase Assessor's Salary $ 347.20 (40 parcels at $ 8.68 per parcel) b. Application for Payment NO.1 - 90th & 91''' Avenue Utility Improvement Randy Kramer Excavating, Inc. -- $ 11,169.73 Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 ADDrove Minutes: Loso made a motion to approve the minutes with the following correction; seconded by Twit. Page 1: Mayor Hiemenz called the meeting ta .order at 7:00 p.m. with Councilors Loso and Twit Present I Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Reconsideration of November 5. 1998 Minutes: Niedenfuer discussed the portion of the minutes pertaining to the La Playette and fire safety issues. She stated that she did not indicate the La Playette was fined by the State Fire Marshall's Office, rather they were cited. Twit stated that at the November 19,1998 Council Meeting the FireCllief .clarified that the La Playette was never fined for a fire safety violation. He did however, state that the La Playette once prior was notified that the rear doors could not be locked/chained during business hours. Niedenfuer stated she was making the Council aware that a problem had occur and reoccurred a second time. Since the November 5, 1998 Council Meeting action has been taken to correct the situation. Hiemenz clarified that at this time the minutes of November 5, 1998 cannot be amended. Bills Pavable: Twit made a motion 10 approve the bills payable, check numbers 26196 - 26249; seconded by Loso. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Overtime: Twit questioned the overtime for a Lift Station repair and why two employees were I called. Weyrens stated that she would check into the matier and report back tethe Council. Twit made a motion to approve the overtime and callouts as presented; seconded by Loso. i Ayes: Hiemenz, Ehlert, LQso, Twit, Niedenfuer I Nays: None. Motion Carried 5:0:0 I EDA Director Reports: I I I , Page 344~ 'December 3, 1998 , i I ¡ Boraert DeveloDer'S Aoreement: EDA Director Chad Carlson presented the Council with ¡ infonnation regarding the Developers Agreement for Borgert Products, SKN LLC. The agreement is for the use of Tax Increment Financing for the construction of s~e improvements for their new facility. The following is a summary of the Developers Agreement: ./ The Agreement is between the City and Borgert Products (SKN Properties, LlC) ./ The TIF is classified "pay as you go' ./ The agreement can be tenninated by the City if the project is not completed, ceased or conditions are not met. ./ The C~y has received a $ 15,000 deposit from SKN Properties to coverall costs associated with the project. ./ The City wilLretain 5% of the annual increment as an administrative fee. ./ The Developers Agreement will be in force until the identified costs are paid or the life of the district (9 years), whichever is less. ./ The Developers Agreement is non transferable and contains two attachments: Tax Increment Note and Job Perfonnance Agreement. Carlson further clarified the maximum financial assistance through TIF for the project is $ 145,000. It is anticipated to tenninate the district in fIVe (5) years. Carlson also presented a projected Tax Increment Spreadsheet detailing the revenues and expenses. It is projected that at no point will the local contribution for the TIF District be greater than the revenue received from property taxes. As part of the financing the City is required to make a local contribution of 10% of the total increment, which in this case-is $ 3,745. The contribution will become part ofthe 2000 budget. Twit made a motion authorizing the execution of the Deveiopers Agreement beiWeensKN . Properties, LLC and Borgert Products Inc, and the City of St. Joseph. The motion was seconded by Ehlert. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carriéd 5:0:0 Housino Studv: Carlson reported that he met with a representative from AdMark Resources. This company assists with housing studies to detennine the current inventory stock, age demographics and housing needs. The estimated cost for such a study is $ 5,000. Currently the Central MN Initiative Fund has funding available for up to $ 2500. Carlson recommended the Council invite AdMark Resources to a future Council meeting to further discuss the services provided. The Council agreed the infonnation would be useful and encouraged Carlson to invite AdMark to a future meeting. Task Force UDdate: The building task force has met recently and reviewed plans to remodel the current Bank for City facil~ies. The task force reviewed the cost of the facility as well as the need to seek an appraisal. Clerk/Administrator Rachel Stapleton wil~research the procedure for seeking an appraiser and what types of services are required. Buettner Industrial Park Preliminarv Plat: The Council received infonnation from the Planning Commission regarding the Preliminary Pia! for Leo Buettner. Carlson stated that Buettner requested that he speak on Buettner's behalf as he had a conflict and could not appear before the Council. Carlson presented the Preliminary Plat and discussed the realignment of CR 133 and possible road expansions in the Industrial Park. The EDA Board has been wOrking with Buettner for the past two years and the plat before them is the final draft. As required by Ordinance, the Plat has been reviewed by the C~y Attomey, City Engineer and St. Cloud Area Planning Organization. The comments were discussed at the hearing held before the Planning Commission. Major items of concem include: I Page 3441 December 3, 1998 ~ Park Dedication: The Ordinance requires Industrial or Commercial development contribute 2% in park land or cash in lieu of land when platting property. Buettner has requested the Council consider acceptance of one ofthe following options: 1. The property being platted has a large amount of evergreens that will be demolished during construction of improvments. Buettner is wiDing to move the trees in lieu ofthe above requirements. 2. The property owner is willing to designate a portion of each parcel in the Industrial Park as public land not to exceed the minimum requirement. I The Council discussed the purpose ofthe requirement for provision of public parks through land or cash contribution. Niedenfuer stated that the trend for employers is to provide space and opportunity for exercise and fresh air. The Council agreed that providing land in the Industrial Park would not be the best use of park land and encouraged Carison to nlegotiate with Buettnerto fulfill his park dedication requirement through the movement of the evergreens in the Industria! Park. Loso stated that Northland Park is in need of some kind of weather barrier and the evergreens could fulfill this need. ~ Extension of Elm Street: The City Engineer noted that only half of 8m Street was designated on the plat and requested the entire street be dedicated for the future. Carlson stated that Buettner does not own the property for the remaining section of Elm Street and is not willing to purchase the additional land. The Engineer indicated that minimaUy the City should acquire an easement for the future roadway. Carison has talked to the property owners and they are willing to do so. ~ Greenwav: The City Engineer also requested the Council consider requiring a greenway in the Industrial Park. Carison stated that this has already been considered and will become part of the protective covenants of the Industria! Park. Each lot in the Industrial Park must have a ten foot setback that is green space. There being no further comments, Loso made a mQtion to approve the Buettner Industrial Park Preliminary Plat as recommended by the Planning Commission with approval of both the City Attomey and City Engineer. The motion was seconded by Twit. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 I Ehlert briefly discussed the rezoning request of Buettner and that the Planning Commission wiU be considering the matter on Monday, December 7, 1998. He stated that it is his opinion that allowing one lot to be zoned General Business in the Industrial Park would not be spot zoning as the use is very similar; spot zoning would be aUowing residential in the Industrial area. Ehlert stated that he feels it is important for the Planning Commission to be invo'lved in the eariy stages of the project. Carisol1 stated that he has modified another jurisdiction's General Business and Industrial Ordinances and will be presenting them to the Planning Commission at their next meeting. The proposed Ordinances involve the Planning Commission from the beginning stages. Cable Commission Report Franchise Transfer: loso reported that the Cable Commission has reviewed the documents for the transfer of assets from Mark Twain Cablevision to U. S. Cable and have recommended the Council approve the transfer with the changes as recommended by the City Attorney. Loso made a motion to accept the recommendation of the Cable Commission and approve the transfer of assets from Mark Twain Cablevision to U.S. Cable with the changes as recommended by the City Attomey. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 I I I I Page 3442, December 3, 1998 Miscellaneous Reauests: Loso made a motion to approve the following requests of the Cable Commission; seconded by Ehlert. .; ,. Purchase of two office chairs from Office Max for use in the cable booth at a cost not to. exceed $ 160.00. 2. Adopt a policy to retain the video tapes from City meetings for three (3) months unless storage space is inadequate. After three months the tapes will be erased and reused. 3. The Cable Commission will be notified of all City meetings including agendas. 4. All maps or drawings at City meetings will be available on overhead or posted so that they can be displayed on cable access. . 5. All speakers will be required to approach the microphone. 6. . Purchase of three additional tape decks to be used for the rebroadcast of City meetings. The cost will not exceed $ 250.00 per deck. 7. Purchase of a tape eraser to recycle tapes. Discussion: The Council discussed the need for the Cable Commission to research different locations for and ~vles of podiums for .speakers. Loso also stated the Commission is also hbokinQ$II different tvQ!!S of micropþones to enhance the audio Qu.alitv.. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Special Use Permit. Michel Contardo: Michael Contardo stated that at this time he is withdrawing his request and at some point in the future may request reconsideration. Contardo stated it is his understanding that a Special Use Permit becomes null and void if not used within a twelve month period. Ehlert and Loso encouraged Contardo to continue with the request as he could apply for an extension after one year. With the understanding that it would be to his benefit to continue the process, Contardo requested the Council to consider his request. Ehlert discussed the hearing held before the Planning Commission and stated the main concem of the adjoining property owners was the creation of an additional rental unit in a neighborhoOd that is already saturated. Ehlert stated that the rental unit Contardo is proposing will not be student housing and all tenants would be screened extensively. Loso made a motion to accept the recommendation of the Planning Commission and approve the Special Use Permit based on the following findings; seconded by Ehlert. Resolution of finding The request of Michael Contardo for a Special Use Permit came before the Planning Commission at a public hearing held on November 9, 1998. The purpose of the hearing was to consider issuance of a Special Use Permit. The permit is being requested to allow a rental unit in a General Business Zone. ! St. Joseph Code of Ordinances 52.20 subd 3(d) allows for the following Special Use Permit: Multiple Family dwellings provided that the use either adjacent to or provides off-street parking and there is no conflict with adjacent activities. The property is legally described as follows: The westerly 50' ofthe southerly 108' of Lot 1 Block 8 of the Original Town of SI. Joseph, Steams County, Minnesota. The request for Special Use has been submitted by Michael Contardo, 26 ...!2nd Avenue NW, St. Joseph MN 56374. . Page 3443 December 3, 1998 Notice of this matter was duly served and published. 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: The proposed use is consistent with the standards for a Special use Permit as stated in St. Joseph Code of Ordinances 52.8 suM 4 (a-k). Therefore, based on the above findings, the Planning Commission makes the following recommendation: Approval is based on the following conditions: 1. The maximum density ofthe rentai unit is one person. 2. One parking space will be marked and designated for the exdusive use of the rental dwelling unit. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Tables & Chairs. Citv Hall: Hiemenz reported that the Senior Citizens have moved their meetings to the new Fire Hall and have moved all their equipment as well. Therefore, the chairs that have been used in the past for City Council meetings have been moved to the Fire Hall. The Senior Citizens have indicated that they do not have a use for the chairs and at this time the City could make an offer to purchase the chairs as well as the refrigerator. Ehlert made a motion to offer the Senior Citizens $ 300.00 for the chairs and refrigerator; seconded by Loso. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 I Ordinance Extendina the Expiration Date of the Cable Franchise Aareement: The Council discussed the Resolution to extend the expiration date of the cable television franchise agreement between the City of St. Joseph and Mark Twain Cablevision. The agreement extends the franchise agreementto June 15,2009. Twit questioned if the agreement is exdusive forten years. Loso stated that the franchise agreement is reviewed every three ]fears and the deregulation of utilities limits the authority municipalites can exercise. Loso made a motion to execute the Ordinance Amendment extending the expiration date of the cable television franchise agreement contingent upon the review of the City Attomey. The motion was seconded by Twit. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 St. Cloud Bovs and Gins Club Evenina Proaram: Hiemenz discussed the evening program sponsored by the Boys and Gins Club. The program provides activities for children of all ages on Tuesdays and Fridays between 6:00 p.m. to 9:00 p.m. The Boys and Girls Club is seeking funding to help offset the cost of the program. The Council was in general agreement a program is needed for children. Therefore, Twit made a motion to authorize the e~penditure of $ 2,500 to support the Boys and Girts Ciub evening program. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Mayors Report I LMC Poiicv Adoption Meetina: Hiemenz discussed the recent Policy Adoption meeting he attended. He stated that each Councilor should have received a written report in their Council packets. Page 3444 December 3, 1998 I Tower Lease: Hiemenz reported that he has been working with US West Tower to place antennas on the water tower. However, they are not willing to meet the City fees for such. US West has offered to pay $1.00 per foot and the City is requesting $ 1.50 per foot. Hiemenz stated that he has discussed this matter with the City Attomey and the City fee is based on market rates. loso made a motion clarifying that the rate for installing an antenna on the City water tower is $ 1.50 per foot per antenna. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Hiemenz also presented a letter from the City Engineer which highlighted areas of concem when allowing telecommunication companies to install antennas on the water tower. Council Report Niedenfuer Communitv Dav: Niedenfuer stated that Community Day was held on November 22, 1998. The tumout was not what was expected. It is anticipated that more advertising would boost attendance. Niedenfuer & Hiemenz stated that the student worker turnout was very high and they were disappointed at the low Community tumout. The CORE Committee hopes to try this event again next year. Loso I Skatina Rink: Loso reported that the hockey lights were recently vandalized and the Public Works Director is in the process of replacing the lights with shatter proof lenses. Safetv Meetina: The next meeting Qf the Safety Committee is December 18, 1998. At this meeting the safety consultants will be present and introduce themselves and the program to the City employees. Ehlert Parks and Recreation ,. The Lions Club is inviting the Governor Elect to be the Grand Marshall in the 4th of July parade with the theme the Mind, Body and the Community.~ 2. Softball Concession Stand - An advertisement for bids was published and no bids were received. The project will be re-advertised in Spling 1999. Twit Personnel Committee: The Personnel Committee will be meeting with department heads to review the employee evaluations and will bring the recommendations back to the City Council. At the next meeting the Personnel Committee intends to present a proposal for the vacation carryover. I EDA: The annual meeting has been scheduled for December 14,1998. Miscellaneous and Announcement Recreation Activities: The Council discussed the need to provide recreation activities for children of all ages through High School. Hiemenz and Loso discussed skateboarding ramps and if such Page 3445 December 3, 1998 would create a liability for the City. Ehlert stated the Park Board has been discussing the possibility of converting the hockey rink in the summer to a skateboard facility. Klinefetter Park: David Klinefelter has requested the City install directiona'l signs to Klinefetter Park. This matter was referred to the Public Works Director. I Jake BrakinQ: The Council requested the Public Works Director look into the purchase and placement of No Jake Braking Signs for the entrances to the City. Joint MeetinQ: The Council established December 16, 1998 at 7:00 p.m. ~Dr a joint meeting with the Planning Commission to continue reviewing the proposed changes to the Zoning Ordinances. Adioum: Twit made a motion to adjoum at 9:05 p.m.; seconded by Niedenfuer. Ayes: Hiemenz, Ehlert, Loso, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 O-Ydy~ Judy Weyrens Deputy Clerk I I