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HomeMy WebLinkAbout1999 [04] Apr 15 1 1 I ! Page 3506' April 15, 1999' I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on April 15, 1999 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz. Councilors Bob Loso, Ken Twit, Cory Ehlert, Mary Niedenfuer. Deputy Clerk Judy Weyrens. i Citv ReDresentatives Present: City Attomey Tom Jovanovich, Police Chief Brad Lindgren, EDA Director Chad Carlson, Fire Chief Dave Theisen. Others Present:, Steve Streng, Mike Deutz. Mayor Hiemenz reconvened the Board of Review at 7:00 p.m. with all Councilors present. Twit made a motion to accept the following recommendations of the City Assessor Ollie Lesnick: 84-53761-000 David H. & Jo Ann Keller - Property reviewed, no change recommended 84-53733-200 Theodore J. & Marion Duncan - No change recommended Pond View Ridge V - Reduce value of 27 lots, including Outlot A, by $ 4,000 each. 84-53790-161; 162; 170; 172; 174; 176; 178; 180; 182; 184; 186; 188; 190 84-53790-192;204;206;208;210;212;214;216;218;220;222;224;226;230 The motion was seconded by Loso. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Loso made a motion to adjoum as the Board of Review; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 I , Mayor Hiemenz opened the Council meeting at 7:05 p.m. with all CouncilorS present. ADDrove Aoenda: Loso made a motion to approve the agenda as presented; seconded by Niedenfuer. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 Consent Aoenda: Twit made a motion to approve the consent agenda as follows; seconded by Ehlert. ' a. Gambling License and three day Liquor License request of St. Joseph Parish for an event to be held on July 4, 1999. b. Software Update: Conversion of BDS Fund Accounting to the Windows Version. Conversion cost $ 300.00. Approve Minutes: Twit made a motion to approve the minutes of April 1, 1999 as presented; seconded by loso. ! Discussion: Loso questioned if City Council minutes could be provided to CouncI7 Members via computer diskette. The Council generally agreed to take no action on this matter. Ayes: Hiemenz, Twit, Loso,Ehlert Nays: None Abstain: Niedenfuer Motion Carried 4:0:1 1 Bills Pavable: Loso made a motion to approve the bills payable as presented; check numbers 26751 - 26784; seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 OVertime & Callouts: Niedenfuer made a motion to approve the overtime as presented; seconded by Twit. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Page 3507 April 15, 1999 Nays: None Motion Carried 5:0:0 1 Public Comments: No one present wished to speak. Debt Manaoement Studv and Financino Attematives: Bond Counsel Monte Eastvold presented the Council with a debt management study. The study detailed each bond fund ofthe City and cash ßow balances. Eastvold stated the only bond fund the Council needs to monitor is the 1992 East Baker Street Bond, as it appears to be running at a deficit. The Council questioned the deficit balance in the 1998 Bond Fund. Eastvold stated that a portion of the bond proceeds in 1998 is for the 1999 utility extension and the costs have not yet been assessed. It is anticipated to certify the assessments this fall and at that time the bond fund will not be at a deficit. Eastvold stated that bonding before a project is completed does result in a cost to the City, as the City must wait an entire year before revenue is eamed. Eastvold presented funding attematives forthe proposed Joseph street Improvements. Altematives included a 15-year bond and a 20-year bond. Eastvold also stated that the City could assess the costs based on the estimate. This method would allow the City to begin receiving revenue the first year of the bond issue. The Council questioned the mechanics of assessing before the project and what happens ifthe actual costs ofthe project increase. Eastvold stated thaf the City can de-certify the original assessment role and certify a revised role. City Engineer Reports Northland Addition. Outlots A & B: The Council discussed the request of Terry Schmid for the City to assume ownership of Outlots A & B in Northland Addition. This same request came before the City Council in 1993 and the City Attorney and Engineer requested that a Phase One environmental study completed before change in ownership. The Phase One study has yet to be completed. At this time both the City Attomey and Engineer re-affirmed their opinion of 1993 and stated the a Phase One be completed before the City agrees to assume ownership. Loso made a motion to require the owner of Outlot A & B to submit a completed Phase One Environmental Study before the City agrees to assume ownership. The motion was seconded by Niedenfuer. Discussion: Ehlert stated it is his opinion that since the developer has not completed the Phase One to this date, it seems apparent he is not willing to complete the study. Since in his opinion the property will be a beneñt to the CitY, Ehlert requested the Council consider cost sharing in the expense of the Phase One Study. I Loso withdrew his motion and Niedenfuer concurred. City Engineer Joe Bettendorfwill solicit cost estimates for a Phase One Environmental Study and report back to tile City Council. 6th Avenue NE - Prooosed Improved: Bettendorf questioned the Council as to the intent of developing 6'" Avenue NE. DeveloperTed Schmid has been working with Bettendorf and the EDA Director to see if it is economically feasible to install utilities to develop another seclion of Northland Addition. Bettendorf stated that after determining all the improvement costs, the cost per lot is less than that of the current Pond View Ridge Development Loso made a motion to adopt the following resolution: Ayes: Hiemenz, Loso, Twit, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Resolution Receiving and Calling Hearing on Improvement 1 WHEREAS, pursuant to resolution of the Council adopted March 4, 1999, a report has been prepared by SEH.RCM, Joe Bettendorf, with reference to the 1mprovement of 6'" Avenue NE between CSAH 75 and Gumtree Street and Fir Street between 5th and 6th Avenue NE by Page 3508' April 15, 1999 1 constructing sanitary sewer, watermain, bituminous surfacing, and concrete' curb and gutter. This report was received by the Council on March 18, 1999. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH MINNESOTA: 1. The Council will consider the improvement of such a street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated cost of $ 329,707.00. 2. A public hearing shall be held on such proposed improvement on the 20th day of May, 1999, in the Council Chambers ofthe City Hall at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Addressina 90th and 91" Avenues: Weyrens requestedautholization to address property recently annexed to the City as well as several township properties that abut City property. Loso made a motion to adpress the property requested contingent St. Joseph Township is in agreement. The motion was seconded by Twit. : Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 I Tom Borresch Assessment Reauest: The Council considered the request of Tom and Rhonda Borresch to reduce the proposed assessment for Lots 7 and 8 Whispering Pines. Borresch requested that both lots be considered one for assessment purposes. Bettendorf stated that in the past vacant property has been assessed per lot. At this time there are no development plans for the lots in question and they should be assessed per lot as in the past. Loso made a motion to deny the request of Tom and Rhonda Borresch to reduce the assessment for Lots 7 and 8 Whispeling Pines. The motion was seconded by Niedenfuer. Discussion: Ehlert questioned if the Council would consider the counter offer of Bcrresch. The Council generally agreed to deny the request. Ayes: Hiemenz, Twit, Loso, Ehlert, Niedenfuer Nays: None Motion Carried 5:0:0 DisDuted HookuD Fees. Michael Deutz: Michael DeUÌZ appeared before the' Council to discuss the hookup fees charged to the property he is re-developing at 33 Minnesota Street East. Upon making application for a building permit he was informed that he would be charged a total offour (4) hookup fees with a credit of one (1). The fees were determined by a the formula adopted by the Council on November 3, 1993. Deutz stated that he purchased the property eight years ago and the property has been used as rental housing for many years. In addition, the property has housed commercial uses in the past. Deutz stated it is his opinion that he should not be charged additional hookup fees for the redevelopment the use is the same before and after demolition. 1 Further, DeUÌZ stated that he met with Mary Niedenfuer, Cory Ehlert and Chad Car1son regarding the design of the building. Deutz stated it was his understanding that certain fees would be relieved if he would construct the building with a brick façade. However, Deutz stated that if he is required to pay additional hookup fees he could not construct the building with a blick façade. Further, he stated that when he applied for a special use permit to allow the operation of a rental unit in a General Business Zone, hookup fees were not mentioned and the only concem expressed was parking. Deutz stated that it is also his opinion that the property in question has paid its fair share for the water system over the past years. The property was originally assessed for sewer in 1986 and Page 3509 April 15, 1999 has been paying monthly water and sewer bills. Therefore, it is his opinion that he should not be paying additional hookup fees. Deutz stated that duling the redevelopment of this project he has not requested financial assistance and requesting re-configuration of the hookup fees. 1 City Attomey Tom Jovanovich stated that the City has.an Ordinance whereby if a property undergoes a significant change in land use, the City can evaluate the water use and charge additional access fees if the water use increases more than 20%. The Council needs to determine if the property being redeveloped is changing the use, and if so is it a significant change. The proposed use for the building includes three rental units on the upper level and two businesses on the lower level, one being a hair salon. Jovanovich stated that it is his opinion that the use on the lower level is a significant change and the water usage should be re- evaluated. The upper level however, may not be a significant change as the property has been used as rental, and according to Deutz the density for the new rental unit will be less than the prior use. Niedenfuer stated that she has mixed feelings regarding the hookup fees. The development of downtown is an important issue and she encourages development with a theme. In her opinion the blick façade is an important factor and she can understand the economics of adding such. loso stated it is his opinion that the fee should be adjusted as the property has paid into the system in the past. ·Further, he feels the hookup fees pertain to new buildings and new development. Twit stated that in his opinion the Ordinance is very clear and the property should be charged additional hookup fees. The proposed use is significanUy different than previous use of the property and has the potential for using additional water. Twit also stated that the Council needs to be cautious in relieving fees and thereby setting precedence. Ehlert stated it is his opinion that the hookup fees should be adjusted. The use of the building is not that different and he has a hard time justifying charging the assisted living facility five (5) hookup and Deutz four (4). Jovanovich clarified that the hookup fees charged the assisted living facility were based on the formula adopted NoVember 3, 1993. Ehlert encouraged the Council to review the charges for Deutz. I Hiemenz clarified that while Deutz did not seek financial assistance, the redevelopment project he is completing does not qualify for assistance. Further, the EDA Board recognizes the City has limited resources and projects must be prioritized. Hiemenz concurred with Twit and did not wish to set precedence. . Jovanovich suggested the City monitor the water service and if the water use for the lower level is greater than 500 gallons per day, Deutz will be billed the additional hookup fees. As far as the rental unit is concemed, it could be considered as one unit based on plior of the property. loso made a motion to charge Deutz the following hookup fees for the property located at 33 Minnesota Street West. Rental Unit (upper level) - Commercial Use (lower level) -- Credit for previous connection lotal Charges Due $ 1,800.00 $ 1,800.00 ( 1.800.00) 1,800.00 Further, the City will monitor the water use for four months after the project is complete and if the water usage exceeds 500 gallons per day, Deutz will be charged $ 1,800 for each additional 500 gallons or fraction thereof. The motion was seconded by Ehlert. Ayes: Hiemenz, loso, Twit, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 1 Page 3510 April 15, 1999 1 Police Chief ReDorts: Police Chief Bradley Lindgren presented the Council with the 1998 Annual Report as well as the 1st Quarter report for 1999. Lindgren discussed the following: [J Alcohol Compliance Committee - Lindgren stated that they are still seeking two interested residents to serve on this Committee. . [J Y2K - The Department has completed the inventory stage and do not anticipate any problems. Twit stated that it is positive to see the number of public assists rising. Niedenfuer questioned if the Department has stopped anyone regarding Jake Braking. Lindgren responded they have not, but the streets have not yet been signed. Mayor Hiemenz extended the meeting at 9:55 p.m. Hiemenz and Niedenfuer questioned the notification process for unlicensed vehicles. Lindgren responded that every spling the Department notifies property owners who are in violation of the Junk Car Ordinance. Lindgren encouraged the Council to refer calls regarding junk cars to his department. Fire Chief Reports Infra Red Svstem: Fire Chief Dave Theisen reported that the Fire Department has received donations to purchase one Infra Red Motion Device and establish a fund fo'r the second device. Theisen thanked all those who contributed to the fund. The Device has been purchased and received at a total cost of $ 18,000.00 I Tanker Truck: The Fire Department has received a new Tanker Truck to be in operation shortly. MembershiD: Theisen reported the following individuals have been recommended by the Fire Department and St. Joseph Township for membership to the St. Joseph Volunteer Fire Department. . Wayne Revering - Previously served on the New Munich Fire Department and has completed necessary ñre training. Revering lives in Clinton Village. Paul Philips - Uves on 95" Avenue Kirk Kreckleberg: Uves in st. Wendel Township. loso made a motion to appoint the above individuals as members of the St. Joseph Volunteer Fire Department as recommended by the Fire Department and St. Joseph Township. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Twit, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Old Business 1 Recreation Association: Ehlert stated that he contacted the Recreation Association regarding the promissory note for the underwriting of the Millstream Park Concession Stand. As the City has been receiving interest on the funds for one year, the Council agreed to consider the interest received to present as interest for underwriting. Twit made a motion to exeCute the Promissory note between the City of St. Joseph and the St. Joseph Recreation Association as drafted by the City Attomey. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Twit, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 Housino Study: Weyrens reported that the Housing Study by AdMark Resources will be completed by April 16, 1999 with a presentation to the City Council on April 29, 1999 at 7:30 p.m. Page 3511 April 15, 1999 Y2K Update: Weyrens reported that the Committee working on Y2K is progressing at a steady pace. The majority of the inventory has been completed and the next step is testing. As of this date only~ one item has been determined not to be Y2K compliant, a flow meter for the wastewater plant. Since the flow meter is a necessary piece of equipment, Wastewater Operator Jim Marthaler has requested autholization to replace the meter. Twit made a motion to replace the Flow Meter as requested by Marthaler. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Twit, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 1 Mayor Reports Relief of Sales Tax: Hiemenz reported that he has received correspondence from Michelle Fischbach regarding possible legislation for relief of Sales Tax for Local Govemments. Hiemenz stated that Local Govemments could save considerable funds with the relief. Personnel: Hiemenz reported that Deputy Clerk Judy Weyrens has additional time where she can devote to the City of St. Joseph~nd will be working flex hours. Council Reports NIEDENFUER Healthv Community: Niedenfuer reported that she and Ehlert attended thle first training session sponsored by the Central MN Initiative Fund, as well as representatives of Kimball, Wadena and Elk. River. CORE: The CORE Committee met recently and no nominations were received for the Slian Klinefeiter Community Service Award. Therefore, the Committee decided to not present the award this year. I Sustainable Communitv Prooram: The MN Office of Environmental Assistance will be completing a video on sustainable communities and have requested to video the St. Joseph Community. Niedenfuer reminded the Council of the workshop "More Sustainabílity" which is sponsored in part by the City of St. Joseph through the Minnesota Project The workshop is scheduled for April 24, 1999 at St. John's University. LOSO Ordinance Uodate: loso requested the Council continue to more forward with the revisions of the Zoning Ordinances and the necessary hearings be scheduled. Safetv Committee: The Safety Committee has met and reviewed the simulated OSHA inspection as completed by SAFE ASSURE. lose stated that he will bOng recommendations to the Council at a future meeting. Wastewater Operator Jim Marthaler discussed with the Safety Committee the need to replace the floor drain in the maintenance facility as it may be a hazard. Leaoue of MN Cities Conference: Loso requested autholization to attend the annual conference which is being held in Rochester June 15 - June 18, 1999. Councilors discussed the information available at the Conference and the benefit of attendance. In an effort to allow all Councilors to attend all or part ofthe Conference the Council rescheduled the Council meeting for June 17, 1999 to June 15, 1999. Twit made a motion autholizing the attendance of the entire Council to th'e lMC Annual Conference, June 16 - June 18, 1999. The motion was seconded by loso. I Page 3512 April 15, 1999 1 Ayes: Hiemenz. Loso, Twit, Ehlert, Niedenfuer Nays: None. Motion Carried 5:0:0 EHLERT Miscellaneous Item: 1:1 Requested the status of the remodeling of the HUD Home located at 199 East Cedar Street. i 1:1 Due to lack of business the Planning Commission canceled thel April 5, 1999 meeting. 1:1 The Park Board has begun the process of project planning for 1999. TWIT Finance Committee: The Finance Committee will be meeting on April 23, 1999 to review the investment ladder and current finances. Personnel Committee: The Personnel Committee is requesting the Council continue to move forward with the revisions to the Personnel Policy and schedule a special meeting for such review. The Council agreed to continue the discussion on the Personnel Policy on April 29, 1999 at 8:00 p.m. Central MN Events Center: Twit reported that he recently attended the Five City Council meeting where the specifics of the Events Center were discussed. The meeting was very informative and the committee working on the Center wi" be seeking commitment from surrounding cities shortly. I Adioum: Twit made a motion to adjoum at 10:40 p.m.; seconded by Loso. I Ayes: Hiemenz, loso, Twit, Ehlert, Niedenfuer Nays: None.· Motion Carried 5:0:0 ¡ ~ ~~UdYWeyren~ U Deputy Clerk I