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HomeMy WebLinkAbout2000 [10] Oct 05 Page 3791 October 5, 2000 I City of St. Joseph City Council Meeting 10i5100, 7:00 PM Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, October 5, 2000 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth Hiemenz, Cory Ehlert, Ken Twit, Mary Niedenfuer, Bob Loso, Clerk-Administrator Cari Schmidt and Deputy Clerk Judy Weyrens. Others Present: Joe Bettendorf and EDA Director Chad Carlson, Cress Gackle, Joan Vincent, AI Rassier, Bob Felix, Art Reber, Dave Theisen, Rick Heid, Steve Johnson, Bob Herges, Bryan Rubin, Approve Agenda - Schmidt stated that there were a few changes to the agenda. Dave Mehr from the Lab School contacted the City about having an application for an exempt permit signed for charitable gambling. They would like to do a fundraÍ5er called the "52 Club". They would sell raffle tickets and have drawings on two different dates. These exempt permits can be issued to non profit organizations conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes during one calendar year. Schmidt recommended approval of this item and that it be placed on the consent agenda. Twit made a motion to approve the agenda, seconded by Niedenfuer. The motion passed unanimously. 7:00 Public Hearing - Levy Certification Tax Rate Resolution - Hiemenz opened the public hearing. Weyrens stated that this resolution is required by the state. It basically says that the City is being financially responsible, and that the City may need to have a higher tax rate than the previous year. It says the if the tax rate of the City for the year 2001 is higher than the tax rate certified by the Council under clause (3) of Section 2, Article 6, Chapter 243, of the laws of Minnesota that the higher tax rate is authorized by the City Council. Hiemenz closed the public hearing. Loso made a motion to approve the tax rate resolution for the year 2001, seconded by Twit. The motion passed unanimously. I Approve Consent Agenda - Approve Election Judges Application for payment number one - Gopher State- $12,811.50 Lab Schoof-gambling permit exemption - for 52 Club Twit made a motion to approve the consent agenda, seconded by Niedenfuer. The motion passed unanimously. Bills Payable -Weyrens explained a number of the bills. 28882 is one that will be reimbursed through the Rec. Association. Apparently some wires had to be replaced because of some damage done by rodents. Loso asked if the Safe Assure contract was coming forward again soon. Weyrens indicated that it would be up again in December. Niedenfuer made a motion to approve bills 28836 through 28929, seconded by Loso. The motion passed unanimously. Loso made a motion to approve the overtime and callouts, seconded by Twit. The motion passed unanimously. Depar1ment Head Reports - EDA Director Chad Carlson stated that he has been receiving some requests from the businesses on Joseph Street for street lighting. He would like to have Steams Electric do a lighting study out there to determine the need. Loso made a motion to I 1 Page 3792 October 5, 2000 authorize Carlson to have Steams Electric do a lighting study on Joseph street. The motion was seconded by Ehlert and it passed unanimously. Finance DirectorlDeputy Clerk Judy Weyrens informed the Council that she attended a seminar on the new GASB rules and regulations. Weyrens reported that the City has until 2003 to implement the program. It will be extremely time consuming as we have to go back 20 years. Streets are going to be the hardest part. This is the biggest change in government accounting in years. The push is to make government finance more understandable and more like a business. The end result will be one number that reflects all of the funds in the City. The Cities will also be required to write a management letter explaining the financial situation in the City. They are encouraging cities to work together on this process so that they are evaluating items in the same way and it doesn1 end up that the communities are comparing apples to oranges. Weyrens reported that cities with over $10 million dollar budgets have to do this now.' We have some time but we do want to get started on this now. Ehlert stated that this might be a good job for an intern. Chief Gary Will reported that he received a number of complairrts about cats running at large and questions about why the police won1 pick them up. The City ordinance states that it is unlawful for the owner of any animal to permit it to run at large within the City. Will explained that the local vet won1 take the cats because we don't have an agreement with them and we don1license them. They will take it if we agree to pay for it but this would be very expensive. Will recommended that ordinance 104.2 be changed from any animal to "any dog or prohibited animal" from running at large. I Niedenfuer asked if this is a big problem. Will stated that they get calls frequently about the issue. The difficult part is that there is a law on the books that they can't enforce. They have no way to deal with cats. Even if the veterinarian would take the cats, it costs 8.00/day to board them and $50-$60 to euthanize them. Larger cities have the resources to deal with cats, but most of them have their own animal control department. Ehlert stated that he would be reluctant to change the ordinance. Most cats have a home and are just strays. Changing the ordinance takes the backbOne out of the solution to the problem and doesn't encourage cat owners to be responsible. I Twit asked why people think they can let their cats run loose? Why should they be any different than dogs? I Will explained that a violation of the ordinance as it stands now is a misdemeanor and could mean 30 days in jail. It's a practicality issue though. Niedenfuer stated that maybe we should look at licensing cats. Will stated that even so it is still a cost issue for the City. Hiemenz stated that the Council needed to move on with the agenda ind asked that this item be taken under advisement and discussed at another time. The Council ~greed. Public Comments on the Agenda - Ken Twit stepped down from th~ dais and addressed the Council as a resident. He stated that he is having some remodeling done on his house and has a dumpster on the street in front of his residence. }ie called the city hall to find out what the rules were regarding this. He was told that the dumpster falls under the definition of "semi trailer" and can technically only be on the street for 60 minutes. Twit added that he told Tom Kraemer about this and Tom said he had never heard that before. They put dumpstets all over cities and have never run into this problem. Chief Win added that the only reason thisi came up is because Twit asked them to check into it. Will stated that he would have no problem with the dumpster being I I Page 3793 October 5, 2000 1 placed on the street as long as it doesn't interfere with snow removal. Twit stated that he plans to have it in front of his house for 4-5 weeks. Loso made a motion to allow Twit to have his dumpster on the street in front of his house and to direct staff to revise the ordinance to allow dumpsters on the street as long as it doesn't interfere with snow removal. Ehlert seconded the motion and it passed unanimously (with Twit abstaining.) Fire Chief Dave Theisen approached the Council. He stated that on Saturday, October 14th, the Fire Department will be holding a burning drill on a house on Minnesota and 12th. He would like permission to close the street from 7:00 am to 12:00 noon on that day between Minnesota Street and Able. This will give them access to the hydrant and keep the spectators away. Loso made a motion to approve the closing of the street between Minnesota street and Able forthe burning drill and asked that proper detour signage be put up in the area. Niedenfuer seconded the motion and it passed unanimously. Hiemenz announced that the News1eader was once again represented at the Council meeting and introduced the new reporter, Paul. 7:30 - Monte Eastvold- Debt Management update - Monte Eastvold addressed the Council. He passed out copies of the debt management study that incorporates infonnation from the CitY's 1999 audit. The Debt Management study analyzes existing debt of the CitY, noting revenue sources to service the debt. It analyzes existing and future debt service fulf'.d balances based upon anticipated revenue sources; in short, a cash flow analysis for each outstanding bond issue. It also notes special features such as eariy call provisions that may enhance or create financing mechanisms for other City needs. Eastvold reported on each bond issuance separately. Our oldest issuance is the Improvement Bonds of 1992 (East Baker StreetC 7th Avenue, Cloverdale Projects). There is currently a fund balance of $44,622. This fund has been improving but by 2007 it is projected to have a negative balance of -$47,511. Eastvold stated thatthis causes him a little concern, but wants to stress that there are a number of other bond issuances that are in great shape that can be used to offset this problem. These bonds were issued for a total principal amount of $200,000. The bonds are payable from special assessments, annual tax levies, and are additionally secured by unlimited ad valorem taxes. I Ehlert asked how this happens. Eastvold stated that there may have been a lot of prepayments so that the City does not get the benefit of the interest over time. Hiemenz stated that this may be the result of previous Councils not putting funds toward this. Weyrens stated that this isn't the case. She stressed that the CitY has other very healthy bond funds that can be used against this negative balance. This is one we will keep an eye on. The next issuance is the water revenue bonds of 1992 that were issued for a total principal amount of $475,000. The final bond payment is scheduled for December of 2005. The bonds are payable from the net revenues of the water system and are additionally served by unlimited ad valorem taxes. The bonds become callable December 1, 2000. Eastvold stated that provided water revenues are received as anticipated, no special action on the part of the CitY is required. The Improvement bonds of 1992, series B (DBL Labs, 91& street project) were issued for a total principal amount of $365,000. The final bond payment is scI1eduled for December of 2008. The bonds are payable from special assessments, sewer hook up charges and are additionaI1y secured by unlimited ad valorem taxes. The bonds become callable December 1, 2000. Eastvold I I I 1 Page 3794 October 5, 2000 stated that sufficient cash will be available in the debt service fund to payoff the entire bond issu~ upon reaching the call date of December 1,2000. Eastvold stated that the Council could pass a friendly resolution calling in the bonds as we have the cash to pay it off. The City can used the remaining special assessments for any general fund purpose or designate it to go somewhere else. Weyrens explained that these are the funds that the Council talked about putling into the trunk sewer fund. She stated that We could have a resolution forthe second meeting in October. The Improvement Bonds of 1993 (East and West Minnesota Street projects) were issued for a total principal amount of $550,000. The final bond payment is scheduled for December of 2008. The bonds are payable from special assessments, annual tax levies and are additionally secured by unlimited ad valorem taxes. The bonds become callable December 1, 2001. Eastvold stated that provided special assessments and tax levies are received as anticipated, no special action is required on the part of the City. The Improvement Bonds of 1996 (East Minnesota Street and Roske Addition projects) were Issued for a total principal amount of $1 ,280,000. Final bond payment is scheduled for December 2011. The bonds are payable from special assessments, Township payments, Steams County payments, and annual tax levies are additionally secured by unlimited ad valorem taxes. The bonds become callable December 1, 2002. Eastvold stated that provided special assessments are received as anticipated, the City may consider reducing annual tax levies as needed. The Water revenue bonds of 1996 were issued for a total Principal amount of $780,000. Final bond payment is scheduled for December of 2016. The bonds are payable from the net revenues of the water system and are additionally secured by unlimited ad valorem taxes. The bonds become callable December 1, 2002. By 2005, sufficient cash will be available in the debt service fund to payoff the remaining principal payments due on this issue. The Fire hall bonds of 1997 were issued for a total principal amount of $1 ,235,000. Final bond payment is scheduled for December of 2017. The bonds are payable from fire service contract payments from area Towns and are additionally secured by unlimited ad valorem taxes. The bonds become callable December 1 ,2004. Provided contract payments and annual tax levies are received as indicated, no special action on the part ofthe City is required. The Improvement Bonds of 1998 ( Street Improvements and Water and SeWer for 9ath and 9151) were issued for a total Principal amount of $545,000. Final bond payment is scheduled for December of 2013. The bonds are payable from special assessments, annual tax levies and are additionally secured by unlimited ad valorem taxes. The bonds become callable December 1, 2006. Eastvold stated that provided special assessments and annual tax levies are received as indicated, no special action on the part ofthe City is required. The Improvement Bonds of 1999 (Joseph Street, Business Park, Northland Drive) were Issued for a total Principal amount of $1 ,330,000. Final bond payment is scheduled for December of 2014. The bonds are payable from special assessments, sewer trunk charges, and are additionally secured by unlimited ad valorem taxes. The bonds become callable December 1, 2007. Eastvold stated that annual loan payments of $29,155 are due to Steams Electric Coop from 2000 through 2009. Revenues used to payoff this loan will come from the revenue stream ofthis bond issue, resulting in a reduced Debt Service Fund Balance than indicated. Also, $122,154 in assessments have been deferred on the Northland Drive project. This assessment has been deferred until 2005 and will run for 15 years and has not been included in the revenue stre~m in the report. Page 3795 October 5, 2000 1 Eastvold slated that provided special assessments and sewer trunk charges are received as indicated, no special action on the part of the City is required. The final bond issuance is the Public Project Revenue bonds of 2000 (City hall) were issued for a total Principal amount of $960,000. Final bond payment is scheduled for December 2001. The bonds are payable from payments made to the St. Joseph EDA. The bonds become callable December 1, 2007. Eastvold stated that provìded lease payments are made as indicated, no special action on the part of the City is required. Eastvold stated that page one ofthe report lists all of the CitY bond issuances. Eastvold slated that the City is in good shape from a bond issuance standpoint. He will-put a resolution together for calling in the bond that they talked about eartier. City Engineer Report - Joe Bettendorf addressed the Council. He stated that Martys Sebasky has requested that the short segment of street in front of her house be paved. The location is 2nd Avenue NE between the alley north of Ash Street and the CSAH 75 right of way. The proposed project amounts to approximately 86 feet of street and would affect properties on both sides of the street. The projected cost with curb and gutter is $8,000. If we eliminate curb and gutter, the cost drops to $6,000. This cost would be split between the two abutting property owners. Bettendorf stated that it might be more economical to consider vacating this segment of street (subject to easements) and allowing Martys to simply put in her own driveway. Marlys Sebasky addressed the Council. She stated that vacating the street would be fine with her. Schmidt stated that they haven't heard from the Swansons yet as to their interest in paying for half of the street. Bettendorf stated that he wanted Sebasky to realize that she would be responsible for the snow removal in this area 1f it is vacated. Sebasky said that she realized this and that it would be fine. She has the snow removal done by someone already. I Ehlert stated that maybe vacating the property is the way to go if there are no plans to reopen this street onto Highway 75. Bettendorf asked if Sebasky was in a hurry to do it. She stated that she could wait until spring. Loso stated that the Council should have the hearing and do it now. Niedenfuer made a motion to set a public hearing for the vacation of the pClfÜOn of the street between zo<1 Ave NE between the alley north of Ash and the CSAH 75 rigJ¡t of way. Loso seconded the motion and it passed unanimously. Pondview Six - Greg Stroeing from Bonestroo Williamson Kotsmith addressed the Council. The Planning Commission recommended approval of the preliminary plat for Pondview Six provided that Steams County delineates the wetlands and determines what wetlands need to be preserved. Steams County completed their review in August and the new Preliminary Plat indicates the preserved wetlands and revisions to the design. Stroeing als~ explained that all of the issues that City Engineer Joe Bettendorf outlined in his letter have also been addressed. There are only a few issues left to be resolved. Due to the CitY's wetland ordinance, the developers are asking for a variance to the 50 foot setback requirement on two lots. Mike Nelson met with Joe Bettendorf,Dick Taufen and resolved the other engineering concerns. Stroeing said there was some question about who would retain ownership of outlots A and B. He indicated that the developer would be maintaining ownership of that area. Stroeing stated that they have attempted to preserve the best parts of the wetlands in the area and in the areas where they can't, they are using a wetland bank where they-will replace it 2:1. Níedenfuer asked if they were filling any of the wetlands and why they, as developers, would be interested in saving the wetlands and trees. Stroeing stated that the lots are more valuable with the trees on them. Plus, they are required by law to mitigate the wetlands. They have done that 1 I Page 3796 I October 5, 2000 in this plan. There are just two lots that they are running into problems with because of the 50 foot setback. Niedenfuer asked about maintaining these lots as green space or tot lots. Stroeing stated they are surrounded by other homes and it would look strange. In addition, the slope of the lot might make it difficult for park space. If they don't get the variance, the lots will simply be unbuildable. (Twit left at this point due to a family emergency) Niedenfuer stated that she is in favor of keeping the setback and would rather see them lose the lot. Stroeing stated that it's important to remember that what they are looking at {)n these plats are rectangles-they are not houses. The houses will not take up as much space as the rectangles on the plat do. Niedenfuer also asked if there would be drainage issues in this development like there have been in the other Pondview phases. Bettendorf stated that there will always be issues with silt fences but that they will deal with the problems as they arise. Water will' flow into the ditch if we get a lot of rain again. All we can do is ask them to clean it up. One of the benefrts of this project is that there are no existing neighbors that will have to deal with the drainage problems now. They will be developing Eagle Ridge Court first. That will be completed before the lower part is done. Ehlert made a motion to approve the preliminary plat with the setback variances on lots 10 and 8. Loso seconded the motion. I Niedenfuer expressed concern that the Planning Commission will not have a chance to review this again if they approve the variances tonight. Carlson explained that the final plat will go back to the Planning Commission and then to the Council. There was some discussion regarding what could change once the preliminary plat is approved. Bettendorf stated that it was his understanding that changes to the final plat after the preliminary plat has been approved can only be cosmetic in nature. By approving the lots without the variances, they will be stuck with lots that they cannot build upon. It was discussed whether it would be better to just send the preliminary back to the Planning Commission now so that they are not stuck. Hyde and Herges said that is what they would prefer to do. Loso withdrew his second to the previous motion. Ehlert made a motion to approve the preliminary plat and refer the variances back to the Planning Commission for their review. to/>0 seconded the motion and it passed unanlmously. 121 Project map - Bettendorf passed out a map of the County Road 121 annexation area to the Council. He stated that he wanted them to see it to make sure that everyone is on the same page about the area that is coming in. Bettendorf stated that after talking to staff, that they would like to bring in all of 295th (the street). This will help in our state aid mileage for the Municipal State Aid System. 1 Loso asked about the Palmerscheim property. He stated that this should al50 come in as we don't want to create islands of Township within the City. Ehlert asked if the City wants to take in 95th avenue now as this will be in the City in a few years anyway. There was some discussion about whether that portion of 95th Avenue is a private drive or not. Bettendorf indicated that he would find out. Will stated that if 295th is brought in it won1 be an enforcement issue for the Police Department. They don't go down there unless they are dispatched to the area. There are a number of places like this already in town so that it isrr't a big problem. Page 3797 October 5, 2000 The Council agreed that leaving 295th in right now would cause a lot of problems. Loso made a motion take out 295" and 95" from the project and to approach Mr. Palmersheim about coming into the City. Niedenfuer seconded the motion. The motion passed unanimously. I Rassier Issue - Bettendorf reported that in putting together the proposed MSA system that it is important to designate routes that properly represent our major collector and arterial streets. It is also important to designate routes that have not been reconstructed recently so that we maximize our annual funding allocation. Bettendorf stated that the District State Aid Engineer informed him that St. Joseph will be expected to designate at least one of the County roads as part of the system, since they are obviously part of the collector and arterial road network. Bettendorf proposed that County Road 121 receive this designation because it is the only County Road in town that has not been reconstructed recently, and because it ties into the City's future east west collector south ofthe City. He also proposed that the south collector be designated a state aid route because of its importance to the system and because it will draw the maximum possible funding allocation since it is unimproved. This would make Sixteenth Avenue SE the final state aid route in the loop for the time being. Bettendorf stated that it is his recommendation that we eventually move the designation from Sixteenth avenue SE to 88th Street (the road that goes past the Del Win Ballroom), Bettendorf stated that if we are to proceed with the designation of the south route as an MSA street, the entire route must be shown within the CitY limits. We can move the route later after we have developed its actual location. Currently, a small"L- shaped" portion of the land we need to cross is in the Township. The owners are Robert and Rita Rassier, Steams Co-op Electric Association, Urban and Doreen Schreifels and Thomas N. Schleper. Though it makes sense to bring all of these properties into the CitY at one time, we could get by with just the Rassier property. Bettendorf would like to approach Mr. Rassier with the Public Works Director Dick Taufen and talk to him about this possibility. I Niedenfuer made a motion authorizing Bettendorf and Taufen to approach Mr. Rassier about being annexed into the City. Ehlert seconded the motion and it passed unanimously. Seren - Cress Gackle addressed the Council. He stated first off that he really appreciates the work that the Council does. It's a thankless job and he thinks that they do a great job. Cress explained that at the last meeting they agreed that they would take a 14 year agreement because the Council wanted them to be in line with the incumbent company, US Cable. They recently learned that US Cable's franchise expires in 2009. That is too short. They would like to be treated like the incumbent. When US Cable, formerly Mark Twain, came into the CitY they were given a 15 year contract. That is what Seren would like today. Loso made a motion to give Seren a 15 year franchise agreement, as this is what was given to the incumbent during their first term. Niedenfuer seconded the motion. Steve Johnson, from US Cable, addressed the Council. He stated that this would be extremely unfairto them. They were only given a 10 year extension and were told that it was because technology was changing so fast. Gackle stated that even if they had a 15 year agreement, they would certainly be willing to look at the terms at 10 years and talk about them. Schmidt stated that they say that now, but there is nothing that would require them to change anything once the contracts are signed. Ehlert suggested giving a 15 year franchise agreement to Seren and to extend US Cable's franchise so that both will expire on September 21,2015. Hiemenz made a motion to give a 15 1 I I 1 Page 3798 October 5, 2000 year franchise agreement to Seren and to extend US Cable's franchise so that both will expire o~ September 21, 2015. Niedenfuer seconded the motion and it passed unanimously. i i Affordable Housing Report - Canson reported that the Planning Commission addressed the i Affordable Housing Report. They recommended that the Council accept the recommendations or' the Affordable Housing Reports as submitted by the Central Minnesota Task Force on Affordable Housing as it is consistent with the following articles of the St. Joseph Comprehensive Plan: the mission statement, Social objectives A and 6; and the Land use objectives 1,2 and 3 of Residential development. Loso asked who would be paying for the costs associated with this. Canson reported that an approval from the Council would not mean a financial investment. It simply means that they are agreeing to look into it further. Ehlert stated that he would like to see numbers from the other communities about the ratio of affordable housing there as compared to St. Joseph. Canson stated that St. Joseph is the first to address this iSSue. Ehlert stated that we don't want to be the only community supporting this initiative. Canson stated that he thinks this is a six Cily deal or no deal at all. Ehlert made a motion to approve the Affordable Housing Report as recommended by the Planning Commission. Niedenfuer seconded the motion and it passed unanimously. Loso asked just what is considered "affordable." Canson replied that the group went around and around that question. It coincides with your wages and the other barriers that potential home buyers face. Approve Minutes of September 21, 20000 - Niedenfuer made a motion to approve the mintites of September 21, 2000, seconded by Loso. The motion passed unanimously. Miscellaneous and Announcement Items - City Council Chambers Design - Schmidt stated that at the last bUilding committee meeting Loso, Hiemenz and Ehlert asked GL T to come up with some ailematives for the Council chambers layout and dais design. The goal was to add seating to the front table and put a door with access to the mechanical room for an easy exit. Stephanie Howe of GL T submitted two alternatives for the Council to review. The ramp into the mechanical room would not fit. Drawing A puts the table at an angle and significantly reduces the number of seats in the Chambers. Drawing B is what she is recommending. It changes the shape of the Council dais to add one more Chair so that it seats 9. This diagram will be less costly as well because the lighting and mechanical will not have to change. Loso made a motion to approve diagram B, seconded by Niedenfuer. The motion passed unanimously. Reports - Mayor Hiemenz reported that he had attended the Mayors Conference. He learned a great deal gbout the new 60 day rule. In denying a variance or a permit, the Council must first make a motion not approving it and then make a definitive motion stating that it is denied. Hiemenz reported on a number ~f other meeting he had also attended. Niedenfuer reported that the Farmers Market Fall Festival was a great success. She reported that there are two more farmers markets coming up. On Wednesday, October 11, the HCP is holding the town meeting at Kennedy elementary gymnasium. The meeting will be to discuss the results of the survey that was given out. Child care is available, but they asked that if you are bringing kids that you also bring something for them to play with as toys will not be provided. Loso stated that he would like to have a budget meeting in the next week and would also like to meet with the Council to talk about the union mediation and get some feedback on the next steps to take. The Council set a date of Thursday, October 12'h at 2:30 to go over the union contract. They also set a budget meeting for 7:00 on October 25th. Schmidt stated that she would be gone on this date and would have to check with Judy Weyrens on her availability. Ehlert stated that they should also discuss the Council salaries at that meeting. Page 3799 October 5, 2000 I Ehlert reported that the Planning Commission met with GRIP on the Affordable Housing Report as they discussed previously. Schmidt reported on a number of upcoming meetings. Adjourn - Niedenfuer made a motion to adjourn at 10:45, seconded by Loso The motion passed unanimously. Respectfully Submitted, ¿2:s-~ Cari Schmidt Clerk/Administrator I 1