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HomeMy WebLinkAbout2001 [03] Mar 15 I Page 3862 March 15A, 2001 I Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in special session on Thursday, March 15, 2001 at 6:30 PM in the SI. Joseph City Hall. Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, AI Rassier, Kyle Schneider. Clerk/Administrator Judy Weyrens. Others Present: Nancy Scott, Rick Breeze, Ron Euteneuer. The purpose of the meeting was to interview firms to provide Building Inspection Services for the I year 2001. The Council interviewed two firms, AIISpec Services and Great Northern Inspections" The following is a summary of each interview. ' I AIISpec Services Company Officials: Nancy Scott, Rick Breeze. Background: Nancy Scott - Certified by the State of Minnesota as a Building Official, provides building inspection services to the following Communities: Ronneby, Foley, Rice, Watab Towship and Rockville. Scott is also working with SI. Joseph Township to provide inspection services. Scott stated that she has three years of administrative experience working for Great Northern Inspections. Rick Breeze: Teacher at North Hennepin Community College, Building Inspection Program. Building Official for the MAC and past building inspector for the City of Bloomington and Eden Prairie. Through discussion Scott offered the following information: I · · · · · · · · · · · provide information leaflets for residents detailing requirements for specific improvements and what is expected from the property owner and building official. provide consistency in keeping appointments provide zoning information to residents for commercial and residentiai assure the State Building Code is enforced properly conduct an annual meeting each spring for contractors, discussing new regulations and expectations. assist the rental housing inspector and work with the Fire Chief upon the City's request can impiement the mechanical and plumbing code has access to additional resources such a building inspectors and plumbing inspectors provide written response for each plan review attend City Council and Planning Commission meetings as requested without charge maintain fee schedule submitted Great Northern Inspections Ron Euteneuer Certified by the State of Minnesota as a Building Official and expert witness. Provides building inspection services to the following communities: City of SI. Joseph, Sartell and Cold Spring. Also serves as the Commercial/Industrial building official for the City of Waite Park. Company Officials: Background: Through discussion Euteneuer offered the following information: I · provide information leaflets for residents detailing requirements for specific improvements and what is expected from the property owner and building official · provide a newsletter to residents each spring with topics of interest Page 3863 March 15A, 2001 · uses a state of the art computer system and can interface with the City of St. Joseph providing accurate data · facilitate disputes on building permits with the fire chief and city · work with the rental housing inspector to enforce the housing ordinance of the City · participate in an information meeting to landlords discussing what is expected annually · fee is negotiable · discussed the need for the City to implement the plumbing and mechanical code I Adiourn: The Council by consensus adjourned the meeting at 7:00 PM ~ctrik~ u Weyrens C erk/Administrator I I Page 3864 March 15B, 2001 I I Pursuant to due call and notice thereof the City Council for the City of St Joseph met in regular session on March 15, 2001 at 7:00p.m. in the SI. Joseph City Hall. Members Present: Mayor Larry Hosch, Councilors Bob Loso, AI Rassier, Kyle Schneider, Cory Ehlert, Clerk/Administrator Judy Weyrens. Others Present: City Engineer Joe Bettendorf, Public Works Director Dick Taufen, Police Chief Gary Will, EDA Director Chad Carlson, Bob Herges, Rick Heid, Dale Wick, Amy Christensen, Tom Matthews, Jim Mullenbach, Ellen and Bob Wahlstrom, Ted Schmid, Irvin Klocker, Nick Pahl. Aoorove Agenda: Loso moved to approve the agenda with the following additions: Independent Center and Half cent sales tax resolution. The motion was seconded by Ehlert, and passed unanimously. Public Comments Dale Wick Ovemiaht Parking Request: Dale Wick appeared before the Council to request relief from the winter parking requirements. Wick stated he has recently built a home in Pond View Ridge and as their home was built in the winter, the driveway has yet to be completed. Wick is requesting the Council grant him exemption from the winter parking requirements which prohibits parking on City streets between the hours of 2 AM - 7 AM. Ehlert stated the Council in the past has granted exemption with the understanding that if it snows Wick will abide with the regulations of the Ordinance removing the vehicles from the street between 2 AM and 7 AM. Loso moved to allow Dale Wick to park his vehicles on the street as requested with the contingency that if it snows he will abide with the Ordinance regulations and move the cars off the street. The motion was seconded by Ehlert and passed unanimously. I Consent Aaenda: Council member Ehlert moved to approve the consent agenda as follows: a. b. Approve Bills Payable, check numbers 29492 ·29552 Approve the minutes of March 1, 2001 c. Accept the City Attorney's recommendation whereby the Police Chief will meet with the license holder of the La Playette to review the liquor license provisions. This requirement is the result of a recent report from the Police Chief regarding a minor in the La Playette. d. Approve a 175' Variance on the size of a business sign for Borgert Products. The sign will not exceed 225' square feet. e. Approve a four day Liquor License and Exemption from Lawful Gambling for the St. Joseph Parish for an event to be held July 2 - 5 at the St. Joseph Parish grounds. Approve the purchase of two computers for the City Offices from KLN Distributing for a cost of $ 2,779. f. The motion was seconded by Rassier and passed unanimously. Northland Phase 5: Ted Schmid of Avon One Lumber appeared before the Council to request the City authorize the issuance of public improvement bonds to finance the installation of streets and utilities for Northland Phase 5. Schmid stated the City issued bonds for Northland Phase 4 as part of the 2000 StreeVUtility Improvements and he is requesting the same consideration for Phase 5. I Schmid presented the Council with a history of the Northland Development and stated that he will be approaching the Planning Commission for approval of a preliminary plat for Northland Phase 5. However, before he moves forward with the preliminary plat he is requesting a commitment from the City regarding the issuance of public improvement bonds. Page 3865 March 15B, 2001 Hosch questioned whether there is going to be a shortage of affordable housing in St. Joseph as predicted by the recent housing study. Schmid stated it is his opinion thai over the next twenty years their wiil be a shortage. Northland Phase 5 will include 15 lots that will be funded by the Greater Minnesota Housing Fund for homeowners who qualify for affordable housing. I Hosch questioned what affect the issuance of public improvement bonds wiil have on the City of St Joseph. Schmid stated Lumber One Avon will provide a financial guarantee to the City of St. Joseph in the event the assessments do not satisfy the bond payments. Weyrens stated that she has discussed this matter with the City Attomey and Bond Counsel. Both consultants indicated the City needs to establish a policy for the issuance of public improvement bonds. If bonds are issued the Developers Agreement will include language that requires a financial guarantee that the developer wiil annuaily pay any shortfall of funds if the assessments collected do not cash flow the bond payments. The Council requested the City Attorney prepare a policy for the . issuance of public improvement bonds which are issued for housing deve'lopments. Loso made a motion to approve the following resolution ordering the City Engineer to complete a feasibility report for the street and utility improvements for Northland Phase 5: Resolution Declaring Adequacy of Petition and Ordering Preparation of Report BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1 . A certain petition requesting the improvement of street and utilities for the development of Northland Piat 5, filed with the Council on March 15, 2001 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. 429.035. 2. The petition is hereby referred to SEH, Joe Bettendorf and that person is instructed to report to the council with ail convenient speed advising the council in a preliminary way as to whether the proposed improvement it necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. I The motion was seconded by Mayor Hosch. Ayes: Hosch, Loso, Rassier, Schneider Nays: None Abstain: Ehlert Motion Passed 4:0:1 City Engineer Reports Pond View Ridae V Developers Aareement: Bob Herges and Rick Heid of Pond View Ridge LLP, appeared before the Council for clarification on the Developers Agreement. Herges stated he would like clarification on parts of the agreement, specifically the final grading requirements. City Engineer Joe Bettendorf stated the purpose of the policy establishing a final grade is for the protection of the developer and the City. When the developer finishes the final grade in the development a survey for each lot is presented to the City. The survey will include the building elevation and location of all easements. Once the survey is submitted the developer is no longer responsible for the grade and building permits can first be secured. At the time of making an application for a builidng permit, the Inspector attaches the survey submitted by the developer to the building permit. Before a certificate of occupancy is issued a second survey will need to be submitted to the City verifying the house elevation is correct. Herges and Heid stated the grading policy will add an additional cost to the lot which will have to be passed on to the consumer. Further, Heid questioned why the developer is being held accountable for an independent builder. When a lot is sold to a builder the Developer's Agreement as it is written, makes Held and Herges responsible for the final grade. Herges stated that he can understand the need for a policy, however, he should not be responsible for another I I builder. Further, Herges stated that many homeowners landscape their own property and the builder can finish the house and meet the final grade, but as soon as a homeowner starts moving dirt to landscape, the final grade can be changed. I Ted Schmid concurred with Herges and stated that he can agree to the grading requirements for the developer. Schmid stated that upon checking the cost of surveying, the cost of the grading policy would add approximately $ 450.00 per lot. I Page 3866 March 15R, 2001 ! Bettendorf stated that he met with City Building Official Ron Euteneuer who agreed the grading policy needs to be implemented. Euteneuer stated that surrounding communities are impiementing a policy similar to the one St. Joseph adopted. Bettendorf requested the Council remove from the Developer's Agreement the portion of the policy that refers to the builder. Herges stated a second area of concern in the Developer's Agreement is the Park Contribution. The amount included in section 4.13 of the Developer's Agreement is for Pond View Six and Seven. Herges stated they are willing to pay the entire contribution, but would like a notation included in the Developers Agreement stating the contribution satisfies the Park Dedication fee for Pond View Six and Seven. Herges discussed the Street lighting and signage requirement. Herges questioned who designs the street lighting plan and if they could contract for that service. Weyrens stated that the area in question is serviced by Stearns Electric and they provide the City with the needed street lighting. Ehert stated since there is a difference in costs between utility companies, the City should negotiate the lighting costs with the utility companies. As far as street signage, the St. Joseph Lions will provide the street identification signs and the developer is responsible for all other signs in the development. I Herges also requested that his name and address be inciuded in the Developers Agreement as an additional contact person. Hosch made a motion authorizing the City Clerk/Administrator and Mayor to execute the Developers Agreement between the City of St. Joseph and Pondview Ridge LLP with the following changes: 1. Delete section 4.11 (d) 2. Expand section 4.13, noting that the Park Land contribution of $ 10,500.00 is for phase six and seven. 3. Expand section 4.13 requiring the developer to provide street signage 4. Add Bob Herges as an additional contact person The motion was seconded by Rassier and passed unanimously. County Road 121 Update: Bettendorf stated that he has contacted the County regarding the reconstruction of County Road 121. The project will be designed and bid in 2001 for construction in Spring 2002. CaoitollmDrovement UDdate: Bettendorf stated he is working on the Capital Improvement Plan and will have information for the Council in April. Department Head Reports Police Chief Reports I New Patrol Car: Police Chief Will stated the new patrol car has arrived and is on the road. The insurance company has not completed the final estimations for the damaged squad, but it should be ready soon. Page 3867 March 15B, 2001 CORE: Will reported the CORE Committee met and discussed the Senior Farewell scheduled for May 25, 2001. The student senates from the College of St. Benedict and St. John's University wiil be requesting the Council to close Conege Avenue between Ash Street and Minnesota Street as was done in 2000 and to also consider closing Minnesota Street between College Avenue and 1" Avenue NW. The CollegelUniversity are proposing a farewen celebration in downtown St. Joseph, instead of the Del Win as in the past. Police Chief Will stated this would solve some past problems such as several students walking through neighborhoods late at night. I Loso and Ehlert questioned why the City would block off Minnesota Street and allow a fesilval type activity downtown. If the closing of College Avenue was successful in 2000, Ehlert questioned if it is necessary to close Minnesota Street. Loso stated it was his understanding that College Avenue was closed to allow students to leave the bars and have a place to say goodbye. Schneider stated the Council is not held to a decision concerning an approval of a plan at this time, rather, the Council is to decide if they would entertain a proposal which would include blocking off streets, and if so which streets. The Council requested that a formal plan be submitted to the Council before any action is taken regarding the barricading of City streets. Training Request: Will requested approval to send Police Sergeant Jeff Young to supervisory training. Mayor Hosch questioned the cost. Will stated the registration cost of the training is $ 200.00 pius meals, mileage and lodging for three nights. Ehlert question Win if the training will be paid at overtime rates. Win stated that the schedule has not been completed and he will try to minimize the cost. Hosch questioned whether this would exhaust training funds, which is ill advised should mandatory training become necessary in the future. Will stated that funds are available in the budget. Loso made a motion to authorizing the expenditure to send Police Sergeant Jeff Young to Supervisor Training as requested by Chief Will. The motion was seconded by Hosch and passed unanimously. Public Works Department. I New Lawnmower: Ehlert moved to table the discussion of the purchase of a new lawnmower until the next Council meeting when additional infonnation will be available. The motion was seconded by Schneider and passed unanimously. Indeoendent Center: Amy Christensen of Independent Center appeared before the Council to request the Council to issue Commercial Revenue Bonds for a project 1000ated in the City of Waite Park. Independent Center Attorney Tom Matthews approached the Council and stated that while the project is located in Waite Park, the Center is looking for St. Joseph to issue the tax exempt bonds. The City of Waite Park is bonding the maximum allowed in a calendar year and State Statue anows a host City to issue bonds. Christensen stated the Independent Center is a non-profit organization which assists adults with developmental disabilities. Christensen stated the Independent Center is looking for $550,000 support from the City of St Joseph as the issuer of the commercial revenue bond. Matthews stated at this time he is requesting a public hearing on the issue, and assures there is no obligation for the City of St Joseph. Loso moved to approve the following resolution calling for a public hearing on the issuance of a revenue note to finance a commercial development. The motion was seconded by Rassier and passed unanimously. RESOLUTION CALLING FOR A PUBLIC HEARING 0)/ THE ISSUANCE OF A REVENUE NOTE TO FINANCE A COMMERCIAL DEVELOPMENT PROJECT, AND AlITHORlZING THE PUBLICATION OF A NOTICE OF THE HEARING (INDEPENDENCE CENTER PROJECT) I (a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1651, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue bonds for the I I I Page 3868 March ISR, 2001 ! I purpose of the encouragement and development of economically sound industry and connnerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and i (b) WHEREAS, the City Council of the City of St. Joseph, Minnesota (the "City"), has received from Independence Center, Inc., a 501(c)(3) organization (the "Company"), a proposal that th~ City undertake a program to assist in fmancing a Project hereinafter described, through the issuance of a revenue note or obligations (in one or more series) (the "Note") pursuant to the Act; and I (c) WHEREAS, before proceeding with consideration' of the request of th~ Company it is necessary for the City to hold a public hearing on the proposal pursuant to the Act: i I , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Joseph; Minnesota, as follows: I i , I. A public hearing on the proposal of the Company will be held at the time and place set forth in the Notice of Public Hearing hereto attached. ¡ I 2. The general nature of the Project and an estimate of the principal amount of th~ Note to be issued to ftnance the Project are described in the attached form of Notice of Public Hearing. I 3. The Company has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection with the Project, including any legal fees incurred by the City arising at anytime out of litigation relating to the Project, whether or not 7the Project is carried to completion, and whether or not the Project is approved by the Department, and whether or not the City by resolution authorizes the issuance of the bonds, will be paid by the Company upon request. I 4. The Note, if and when issued, will not to be payable from or charged upon anx funds other than the revenues pledged to the payment thereof; and the City is not subject to any liabilitY thereon; no holder of any Note shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Note or the interest or premium thereon, or to enforce payment thereof against auy property of the City except the interests of the City in payments to be made by the Company; the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except !\1e interests of the City in payments to be made by the Company; the Note shall recite that the Note is issued without moral obligation on the part of the State or its political subdivisions, and that the Note, including interest thereon, is payable solely from the revenues pledged to the payment thereof; and the Note shall nol constitute a debt of the City within the meaning of any constitutional or statutory limitation. I I 5. A draft copy of the proposed application to the Commissioner of the Department of Trade and Economic Development, State of Minnesota, for approval of the Project, together with proposed forms of all attachments and exhibits thereto, will be on me in the offtce of the Administrator on or before the date the Notice of Public Hearing is published. I 6. The Administrator is hereby authorized and directed to cause notice of the hearing to be given one publication in the offtcial newspaper of the City and also in a newspaper of genera( circulation available in the City, not less than 14 days nor more than 30 days prior to the date ftxed for thel heariug, substantially in the form of the attached Notice of Public Hearing. Mayors Reports I Y, Cent Sales Tax: Mayor Hosch is requesting approval from the Council to participate in the Y, percent local option sales tax. For a City to participate in the one-half cent sales tax, a Resolution must be passed by the City stating the amount of funds that are anticipated and how the funds received from the sales tax will be disbursed. Hosch moved to approve the resolution requesting the Legislature to approve a one-half çent sales tax. The motion was seconded by Ehlert and passed unanimously. The resolÜtion reads as follows: Page 3869 March 15B, 2001 RESOLUTION REQUESTING THE MINNESOTA LEGISLA TURE TO APPROVE A SPECIAL LAW AUTHORIZING A ONE-HALF PERCENT (112%) LOCAL OPTION SALES TAX FOR REGIONAL PROJECTS SUCH AS: REGIONAL AIRPORT & ROADS, COMMUNITY CENTER/LIBRARY and PARK & RECREA TlON PROJECTS I WHEREAS, the City of SI. Joseph is seeking authority to create a one-half percent local option sales and use tax in conjunction with the cities of SI. Cloud, Sartell, Sauk Rapids, Waite Park and SI. Augusta for a period of ten years; and, WHEREAS, the purpose of the requested legislation is to establish a regional one-half percent iocal option sales and use tax with the proceeds to be utilized to defray the costs of projects of regional significance consisting of improvements at the SI. Cloud Regional AIrport and the Great River Regional Library, and other projects of regional significance located in SI. Joseph to be designated by the City of SI. Joseph, subject to approval of the voters of SI. Joseph, and; WHEREAS, all proceeds of local option sales taxes received by all participating entities will be distributed pursuant to the terms of a yet to be approved Joint Powers Agreement by and among the above listed cities which will designate the distribution of local sales tax revenues generated by all participating entities and the distribution of local sales tax proceeds among the participating entities; and, WHEREAS, proceeds of said local sales tax received by the City of SI. Joseph, will be used to defray the costs of projects of regional significance located in SI. Joseph, to be approved by the voters of the City of SI. Joseph, including, but not limited to: Regional Airport, SI. Cloud Regional Library, Community Center and branch site of the Great River Regional Library, Lake Wobegon Trail and rest area and road projects; and I WHEREAS, the City of SI. Joseph is seeking authority to issues bonds for a period not exceed 10 years and in an amount not to exceed 3,000,000, plus the cost of issuing the bonds to finance the cost of the approved projects. The amount anticipated to be collected from the one- half percent sales tax is 2,000,000; and WHEREAS, said local option sales tax may not be imposed in the City of SI. Joseph unless so approved by vote at a public referendum and the City of SI. Joseph will conduct a public referendum regarding the imposition of said local option sales tax at a city election as calied for by state law. NOW, THEREFORE, BE IT RESOL VED by the Council of the City of SI. Joseph, Minnesota: 1. That the City of SI. Joseph fully supports the imposition of the sales tax in the manner and for the purposes discussed in this resolution. 2. That the City of SI. Joseph respectfully requests the Leg¡islature and Govemor to approve special legislation authorizing the imposition of this sales tax. SI. Wendel Funds: Hosch reported the Township of SI. Wendel agreed to provide $10,000 for research for the potential expansion of utility services to a portion of SI. Wendel Township. COUNCIL REPORTS SCHNEIDER I Summer Recreation Prooram: Schneider stated the Township of SI. Wendel agreed to give the City of St Joseph $2,200 toward the summer recreation program. This contribution was based I I Page 3870 March 15B, 200 i I on the number of participants from SI. Wendel Township in the 2000 Summer Recreation program. Park Board: Schneider stated the Park Board will meet Monday March 19,2001 at 7:00p.m. EHLERT No Report. RASSIER Plannina Commission: Rassier stated the Planning Commission discussed the need for the City to require joint trenching for the installation of utilities. Loso stated the City Attorney has provided information which stated that we could not require such. Weyrens will research further and ' provide the information to the City Council and Planning Commission. Rassier also stated the Planning Commission has concerns about the Northland Lot sizes which are being proposed. CORE: The next CORE meeting will be Wednesday April 18, 2001 at 6:00p.m. LOSO Fire Board: Loso reported the Fire Board approved the securing of bids for the purchase of a ladder truck. Fire Chief Dave Theisen will present the information at the April 5, 2001 Council Meeting. I CLERK/ADMINISTRATOR REPORTS Veterans Preference: Weyrens stated she was contacted by the City of Sauk Rapids regarding the League of Minnesota Cities policy position on Veterans Preference Proceedings. The League is requesting the Legislature to change some language in the Veterans Preference Rights to I allow a veteran only one grievance procedure in discipline matters. Currently if a Veteran is , involved in a discipline matter and belongs to a union, s/he can grieve the matter before the union and Veterans Preference Board. The Council requested additional information before taking any action. Building InsDector Services: Weyrens questioned the Council when they anticipate making a decision regarding Building Inspection Services. Loso stated he would like to retain Ron Euteneuer, Great Northern Building Inspections. During his interview he stated that he would be willing to negotiate his fee. Loso requested the City contact him to see if he would match the fee of AIISpec Services. Ehlert stated that each firm was requested to bring to the table a final proposal. He does not feel it is appropriate at this time to negotiate the fees. Loso stated the City has retained Euteneuer in the past and feels he has worked well with the City. I Hosch stated he would like some additional time to check the references of AIISpec Services. However, if the Council wishes to act on this matter at this time he would be comfortable doing so. Ehlert stated that since the candidates were interviewed earlier this day, a decision shoull:! be made by the Council at this time. Rassier concurred with Ehlert and moved to appoint AIISpec Services as the Building Official for the City of S1. Joseph. The motion was seconded by Ehlert. Ayes: Hosch, Ehlert, Rassier, Schneider Nays: Loso Motion Carried 4:1:0 Page 3871 March 15B, 2001 Lake Wobe90n Welcomino Center: Schneider reported that he would be interested in serving on a Committee to work on the Wobegon Welcoming Center and Trail. Ehlert reported that he represents the Chamber of Commerce on a regional committee and requested to be appointed as well. Hosch made a motion to appoint Ehlert and Schnedier to the Wobegon Trail/Welcoming Center Committee; seconded by Rassier and passed unanimously. I Adiourn: Loso made a motion to adjourn at 9:25p.m. The motion was seconded by Rassier and passed unanimously. .~' ct14v?fte4 J y eyrens . C er Administrator I I