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HomeMy WebLinkAbout2002 [02] Feb 21 I I I i February 21, 2002 . Page 1 of 11 Pursuant to due call and notice thereof, the City Council for the City of St. JOSebh met in regular sessiln on Thursday, February 21, 2002 at 7:00 PM in the St. Joseph City Hall, I Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, AI Rassier, Kyle Schneider. , ! Citv Representative Present: City Attorney John Scherer, City Engineer Joe Bettendorf, Police Chief Pete Jansky, Public Works Director Dick Taufen, Economic Development Consultant Cynthia Smith- Strack Others Present: Mary Ann Graeve, Jim Graeve, Jodi Teich, Bob Herges, Rick Heid, Linda Brown, TOr¡1 Herkinoff, Mark Lambert, Chris Vance, Shelly Muske, Tim Muske, Mike Slavik, Michael Gohman, Rick: Albertson I Approve Aaenda: Loso made a motion to approve the agenda as presented; seconded by I Schneider and passed unanimously. : Consent Aaenda: Loso made a motion to approve the consent agenda as follows: a. b, c. Approve bills payable, check numbers 30790 - 30886 Approve the minutes of February 7, 2002 Issue a non intoxicating liquor license and cigarette license to JM Oil (formerly St, Joseph ~~~ I Authorize the Mayor and Administrator/Clerk to execute the labor agreement between the City of St. Joseph and Law Enforcement Labor Services for the contract period January 1, 2002 through December 31, 2003, Agreement to be executed upon approval of the. City Attorney, I Accept the performance review of the City Administrator Clerk as favorable and increase the annual wage as in accordance with the employment contract. ! Accept the high bid of Jim Corrigan for the purchase of the Case Loader ($18,215.00).! d. e. f. The motion was seconded by Schneider and passed unanimously. PUBLIC COMMENTS TO THE AGENDA Marv Ann Graeve of 619 East Minnesota Street spoke in opposition to the proposed housing development of Mark Lambert. Graeve stated that while she does not own property adjacent to the proposed development, as a resident of St. Joseph she is affected by all decisions made by the City Council. Graeve stated that in her opinion the proposed development does not fit into the Comprehensive Plan and should be rejected. Graeve requested the Council uphold the oath of office each member swore to before taking office whereby they are representing the entire City and make decision in the best interest of all the residents of the City of St. Joseph. ! , Public Improvement Hearina, 15th Avenue NE and Elm East: City Engineer Joe Bettendorf opened the! public hearing for the proposed improvement of 15" Avenue NE and Elm Street East. The purpose of the hearing is to consider the making an improvement of water, sewer, streets, curba. nd gutter on 15th I Avenue NE and Elm Street East in the St. Joseph Business Park, The proposed improvement is . requested to allow for the development of the lots in the St. Joseph Business Park, The estimated cost of the improvement is $ 531,246 and will be paid for through special assessments to the benefiting I properties, Bettendorf requested the City Council table the public hearing to allow him additional time to verify the assessments and benefiting properties, : I Ehlert questioned why Elm Street East is not being extended to 19th Avenue NE as it is a relatively short section of street and the last section to complete Elm Street East. Bettendorf responded that the property owners affected by the extension of Elm Street East have not requested the improvement nor have they been noticed of the public hearing, Ehlert requested the property owners be contacted and encourageq the Council to support the extension of Elm Street East to 19th Avenue NE. ! I ! February 21, 2002 Page 2 of 11 Stearns County Enaineer, County Road 121 Riaht of Wav Acouisition: Assistant Steams County Engineer Jodi Teich appeared before the Council to request authorization for Ilhe Mayor and Administrator Clerk to execute the Cost Share Agreement between the City of St. Joseph and Stearns County for the County Road 121 and CSAH 2 Improvement project. The agreement identifie,s the responsibility of each party and is the standard agreement used by Stearns County, Loso made a motion authorizing the Mayor and Administrator Clerk to execute the Cost Share Agreement between the City of SL Joseph and Stearns County for the County Road 121 and CSAH 2 ImprO'lrement project; seconded by Rassier and passed unanimously. Teich stated that the County has been unable to come to agreement with two properties owners regarding the additional right of way needed for the CR 121 improvement. A Ilhird party has given a verbal agreement but as of this time the agreement is not in written form. In order to keep the project moving the County is requesting the City Council to authorize eminent domain proceedings for the three remaining properties. As per Stearns County policy, the CiIy of St. Joseph is responsible for all costs associated with right of way acquisition including eminent domain proceedings. I The Council by consensus tabled the public hearing for the proposed improvement of Elm Street East and 15th Avenue NE to March 7, 2002, Rassier questioned if authorizing the eminent domain proceedings stops the negotiations. Teich responded the County will continue to negotiate until the proceedings commence, If an agreement is reached any process started will stop, City Attorney John Scherer stated that he has reviewed the properties in question and will contact the attorneys representing the property owners to see if an agreement can be reached, Further, if the Council wishes to proceed with the eminent domain process a resolution authorizing such must be adopted by the City Council. Loso made a motion authorizing the Mayor and Clerk to execute Resolution 2002-Ø4 authorizing eminent domain proceedings for the acquisition of right-a-way for the CR 121 project. The motion was seconded by Ehlert and passed I unanimously. Resolution 2002-Ø4 Authorizing Eminent Domain Proceedings, CR 121 Improvement WHEREAS, the City of St. Joseph is engaged with Steams County in a joint project for the reconstruction of a portion of County Road 121 which is located within the City; WHEREAS, the restructuring of County Road 121 will require the acquisition of additional property for right of way; WHEREAS, the county has been engaged in the negotiation of the purchase of the additional right of way from the affected property owners; WHEREAS, the purchase price has been negotiated for all but three of the affected properties. WHEREAS, the cost of right of way acquisition within the CiIy limits is a cost of the CiIy even though eminent domain proceeding would be brought in the name of the County; and WHEREAS, the County suggested that the St. Joseph City Attorney be authorized to pursue the eminent domain in the name of the County as necessary. THEREFORE, IT IS HEREBY RESOLVED: 1, That Rajkowski Hansmeier LId, is hereby authorized to represent Steams County in commencing eminent domain proceedings to acquire the property identified below for right of way proposes: I I I I February 21, 2002 Page 3 of 11 I Colleae of St. Benedict Parcel No, 23 of Stearns County Highway Right of Way Plat No, 19 (29,497 square feet). Mollv Martin Parcel No, 34 of Stearns County Highway Right of Way Plat No. 19 (971 square feet). Robert Gamadas Parcel No, 33 of Stearns County Highway Right of Way Plat No. 19 (1024 square feet). 2. That the Stearns County Engineer has the authority to continue to negotiate with the owners of the above-described parcels for the purchase of the additional right of way, subject to ratification by the City Council. VIC West TIF APplication. Municipal Development Cynthia Smith-Strack of Municipal Development I Group appeared before the Council on behalf of the St. Joseph Economic Development Authority, Smith- Strack stated she has been working with Vie West Steel to construct a new facility in the St. Joseph I Business Park, Vie West is considering constructing a new facility with 67,000 square feet with a total project cost of 2.7 million. Included in the project cost is specialized equipment with an estimated cost'f $ 500,000, In order for the project to come to fruition, they are asking for financial assistance from the City of St. Joseph, One form of financing is through the MN Department of Trade and Economic Development I (DTED). DTED offers a revolving loan fund for qualifying projects, The amount of funding is based on' the number of jobs that are created. The application before the Council at this time indicates that Vie I West anticipates adding 15 jobs with an average wage of $ 16.00 per hour. If successful in obtaining I funding, the City keeps the loan as it is paid back and continues to used the funds as a revolving loan fund. All costs associated with the application are paid by the petitioner, I The second form of funding is Tax Increment Financing (TIF). Vie West is requesting maximum use of TIF which will generate approximately $ 40,000 per year to off set the cost of land and improvements. I The TIF proposed captures the maximum period of 9 years. Juran and Moody was unable to produce the financial forecast for this meeting but they will be available for the final TIF application. I ! Smith-Strack stated that the EDA Board met recently and recommended the City Council approve the I preliminary TlF application of Vie West Steel. Rassier questioned at what point the City is notified of th~ financial requirements of Vie West Steel. Smith-Strack stated that Vie West Steel is requesting the I maximum amount of TIF. The City has a policy whereby 10% of the additional tax revenue created is i held by the City, with the remainin9 90% paid to the property owner as the taxes are paid, I Ehlert questioned if the City has the ability to determine the amount of TIF provided on a case by case I basis. He stated that at seminars he has always been instructed to implement TIF with caution. While he supports the proposed development Ehlert stated he is apprehensive about moving forward without' knowing the financial impact. Smith-Strack stated that the approval at this meeting is preliminary approval which allows the developer to move forward, The Council will have another opportunity to review the application, I Mike Gohman stated that W, Gohman Construction will construct the building for Vie West and lease the building to them, The term of the lease has yet to be determined but it will be either a ten or fifteen year lease. Hosch stated that the EDA has been working on this project for many years and the project is not viable without TIF assistance. The proposed project will benefit the entire community. Hosch further I stated that before a company can make application for TIF, a series of tests must be completed including a But For test. The But For test determines if a company can locate without TIF. If they will not, they I are a candidate for TIF, . h: ;,......·.c...·.".J....:.,.....:".,'^,. ''',,;;:<:>Ä;;..r.-;:''', February 21, 2002 Page 4 of 11 Ehlert stated that the project before them at this time is the first major project for the City in the Industrial I Park, He further stated that considerable resources have been spent in anticipation of businesslindustrial development and he is looking for assurance that this project is viable for the City now and in the future. City Attorney John Scherer stated that many communities use TIF to attract industry and they have not been afraid to use this mechanism of financing, The TlF policy for the City is pay-as-you-go so the risk to the City is minimal. The property owner is only refunded the recaptured tax afiter the taxes are paid. The project before the Council creates an additional 15 jobs which are needed in the community. Further, if the funding from DTED is secured the City can offer a revolving loan fund without contributing the initial capital. Rassier questioned is occasion for businesses to request a shorter time for TIF versus the full nine years. Smith-Strack stated that each project is different and small projects only capture a few years. The project before the Council is requesting the full nine years to help reduce the monthly lease payment. Ehlert questioned if the St. Joseph Business Park is competitive with area parks and if TIF is necessary tool to attract business, Ehlert stated that when the City first contemplated providing services to the St. Joseph Business Park an analysis was completed on the cost per foot to assure that the St. Joseph Park was equal to or less than the area parks. Smith-Strack stated that she will research costs of area parks and report back to the Council. She further stated that at this time the Council is only approving the preliminary TIF application and will have another opportunity to review the plan. The process for TIF is lengthy and requires the developer to place a deposit with the City, The preliminary application is completed at this time to inquire as to the Council's wishes with regard to the project advancing. Loso made a motion approving the preliminary TIF Application of Vic West Steellnc and authorize the submittal and collection of fees for the final application. Further, Juran and Moody will be consulted to prepare the TIF Plan with the fees being reimbursed through the application fee. The motion was seconded by Schneider and passed unanimously. Wobeaon Welcome Center Grant: Smith-Strack stated that she has been working with the Wobegon Committee to submit an application to the Department of Natural Resources for a matching grant of $ 100,00 for the construction of a Welcome Center. If awarded the $ 100,000 grant the City needs to confirm that they will match the grant. I Rassier questioned if the City has the funds for the matching portion. Weyrens responded that that matching funds can be donations received from service organizations as wen as budgeted funds. At the present time the St. Joseph Jaycees have been donating $ 1,000 per month and the St. Joseph Park Board has $ 18,000 of budgeted funds for the trail center. Loso stated that the motion before the Council at this time is to make application for the grant and agree to the conditions if awarded the grant. If the City receives the award, the Council will by motion accept or deny the grant. Therefore, Loso made a motion adopting Resolution 2002-05 authorizing submittal of the grant application including the terms and conditions for acceptance for the construction of a welcome' center for the Wobegon Trail. The motion was seconded by Schneider. Ayes: Hosch, Ehlert, Loso, Schneider Nays: Rassier Motion Carried 4:'1:0 Resolution 2002-05 Resolution Authorizing the submittal of a Grant Application for the Wobegon Trail A RESOLUTION (A) IN SUPPORT OF THE CONSTRUCTION OF A WELCOME CENTER ADJACENT TO THE lAKE WOBEGON TRAIL (B) AUTHORIZING THE SUBMISSION OF A NATIONAL RECREATION TRAIL PROGRAM GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF I NATURAL RESOURCES (C) IDENTIFYING MATCHING FUNDS FOR THE PROJECT, (D) DESIGNATING THE CITY AS THE ENTITY RESPONSIBLE FOR PROTECTING, OPERATING AND MAINTAINING THE WELCOME CENTER FOLLOWING CONSTRUCTIONI, AND (E) PETITIONING I I I I I February 21, 2002 Page 5 of 11 I I STEARNS COUNTY FOR DESIGNATION OF THE PROPOSED SITE WHICH IS LOCATED WITHIN AN ABANDONED RAILROAD CORRIDOR. I WHEREAS, The Transportation Equity Act for the 21st Century provides for a federal program to supJIY financial . assistance for the development and maintenance of recreational trails and trail-related projects; and, WHEREAS, Approximately $1 ,000,000 are available for trail reimbursement projects in Minnesota in 2002 via application to the Minnesota Department of Natural Resource prior to 4:00 p.m, on February 28th, 2002; and, WHEREAS, The grant application requires evidence of local support for the project including: City Council resolution supporting the project, a fifty percent funding match and the ability of the applicant to maintain ~~~- I WHEREAS, The grant application requires the request be sponsored by a unit of government; and I I WHEREAS, The lake Wobegon Trail Committee was formed by the City Council of the City of St. JosEiph in April of 2001 for the purpose of preparing the community for the extension of the lake Wobegon Trail; - I WHEREAS, The Lake Wobegon Trail will be extended from the City of Avon to the City of St. Joseph in 2003; and. . I WHEREAS, The Lake Wobegon Trail Committee recommends to the City Council the construction of i3 Welcome Center including restrooms, picnic tables and parking facilities; and, I WHEREAS, The City has identified funds to be dedicated to the construction of the Welcome Center in conjunction with a National Recreation Trail Program grant; and, I I WHEREAS, The City has identified a five-year budget for the operation, maintenance and protection of a Welcome Center; and, I WHEREAS, The St. Joseph Historical Society has expressed an interest in using a portion of the facility to showcase the history of St. Joseph, its founders and its residents via historic documents, artifacts, ! pictures and orallvideo histories. Such testaments to the City's history will be available for all users of the Lake Wobegon Trail; and, , , WHEREAS, The proposed Welcome Center will be a replica of the historic St. Joseph Depot and said I construction plans were developed in cooperation with the College of St. Benedict's, St. Johns Universíty, Stearns County Park Board, St. Joseph Park Board, St. Joseph Chamber of Commerce, St. Joseph Lions Club, the St. Joseph Legion and 51.. Joseph Jaycees; and, ; WHEREAS, The proposed Welcome Center is the top development priority of the Central Minnesota Regional Parks and Trails Coordination Board as evidenced by its 2003 Bonding Request for Fiscal Year 2003; and, WHEREAS, The proposed site is north of the Wobegon Trail (as extended) in the abandoned railroad corridor which is controlled by the County of Stearns; and, WHEREAS, The St. Joseph Park Board has approved a resolution (A) In support of the construction 0 ,a Welcome Center and (B) recommending the City Council do the same as evidenced by its authorizatio~ of the submission of a grant request to the Minnesota Department of Natural Resources, its approval of matching funds to support the project, its approval to protect, operate and maintain the facility and its I request the County support the project by dedication of the site. I ! :"-;,,,;_::_,,,}";>,j;;f,~ll,";;' !'o"i',',;-.:-¿- '; :''<'1-'':'' February 21, 2002 Page 6 of 11 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA THAT I The City Council supports the construction of a Welcome Center adjacent to the lake Wobegon Trail 1. The City Council supports the construction of a Welcome Center adjacent to the Lake Wobegon Trail. Preliminarv Plat. Graceview Estates - Bob Heraes and Rick Heid: Bob Herges and Rick Heid appeared before the Council requesting approval of the preliminary plat of Graceview Estates. Herges stated that he along with the City Engineer, City Attorney, Mayor and City Administrator Clerk have met with representatives of St. Benedict's regarding an ingresslegress on the northern section of property owned by the College of St. Benedict abutting County Road 121, The ingresslegress has been requested by the Planning Commission and Council to assist with the efficient movement of tralmc from Graceview Estates. At this time the College has not indicated willingness to release property so th,e ingresslegress can be completed, Hosch elaborated that the City submitted four altemative to the College of 51. Benedict for consideration and have not received a favorable response, The College has submitted a letter stating they need additional information before making a decision and do not anticipate making a decision until Apnl 25, 2002, Hosch stated that the road is an essential element before the final plat can be considered. Herges expressed frustration with the process and stated that he needs to move his project forward and cannot wait until April, He was of the understanding that the College would rEinder a decision on February 14 and now the date has been pushed back further, Herges stated that he has attempted to resolve the outstanding issues of Graceview Estates but cannot go further wilhout owning the property in I question, At this time Herges requested the City approve the preliminary plat of Graceview Estates as presented, The Council was of general consensus that before final approval of Graceview Estates, the developer must secure a temporary construction easement from the College of 51. Benedict to allow ingresslegress from County Road 121 to the proposed development. Further, the developer must provide the City with executed utility easements from the College of St. Benedict to allow the insta'llation of utility lines along the southern edge of their development extending to County Road 121. The Council agreed to consider this matter again on March 7, 2002, Scherer recommended the Council resolve the ingresslegress issue or at least have an understanding of the status of the proposed northern accp.ss before approving the final plat. Bettendorf questioned if the outlots/drainage areas provided in Graceview Estates would be privately owned or if the developers will be requesting the City to assume ownership upon platting. Linda Brown stated that the development assumes that all the holding pondsldrainage areas would be privately owned either by an association or individual property owner. Bettendorf requested the engineers for the developer verify the width of the proposed roads. In reviewing the plat it appears as the roadbeds will only be 32 feet in width and typical residential streets in St. Joseph are 36 fe<et in width. The developer agreed to review this matter before submitting the final plat. Bettendorf also questioned the vacation of an easement as requested in the development application. The easement vacation is for a portion of 95'" Avenue that will be redesigned, Scherer stated that the vacation of easement should not be considered until construction of the affected phase. The developers agreed withdraw th,e easement release request at this time, Hosch made a motion to approve the preliminary plat of Graceview Esf.ates with the following I contingenies: 1. The developer will continue to secure a temporary construction ingress/egress from the College of St. Benedict for temporary construction in phase one and work I I I ,. --." -, ~_... I February 21, 2002 Page 7 of 11 , i with the City to secure a permanent ingress/egress for future development. Phase two of Graceview Estates cannot be approved until an access to County Road 121 is secured., I The developer will secure a utility easement for the installation of water and sewer lines from the College of St. Benedict. , I The Engineer verifies the width of the roads in the development to the satisfaction of the City Engineer. I The motion was seconded by Loso and passed unanimously by those present, 2. 3, Mark Lambert, PURD Application Reauestina a Special Use Permit: Mark Lambert appeared before the Council requesting approval of a Special Use Permit to allow the construction of a 44 unit apartment I building. Lambert stated that since he appeared before the Council at the last meeting he has lowered the building by two (2) feet and moved the access south approximately 70 feet. . The Planning I Commission has requested the City Council require that the property be access' at the center point of lots 1 and 2 Indian Hills Plat with a private service road extending to the westerly edge of the property. I Rassier stated the purpose of the service road is to prevent headlights from projecting into the I neighboring homes, Rassier further stated that the Planning Commission recommended the Council ! amend the Developer's Agreement to relieve Lambert from constructing a public road if the property is' accessed at the center point for a distance greater than 70', Rassier further stated that Lambert has! indicated a willingness to pay for 50% of the future overlay of Northland Drive after curb and gutter is I installed, : i Lambert stated that he was encouraged by the revisions approved by the Plannfng Commission but I requested the Council allow the driveway as presented on the plans. Lambert stated that he has revised the plans on numerous occasions and felt that he has come to a good compromise for the community,¡ The building has been lowered by two feet and he has provided screening for the neighborhood. Lambert stated that the original Developers Agreement included a provision for a second ingresslegress to the I property and he would like to exercise the option, Lambert stated it is his opinion that the road has been constructed too low and one access is not viable. I . I Rassier stated the Planning Commission is adamant that both lots owned by Lambert be accessed wit~ one common driveway, The Planning Commission expressed concern that precedence would be set if Lambert was allowed a second access, When Ted Schmid developed Northland Four, access to I Northland was limited, This same procedure was used by the Planning Commission when reviewing the Indian Hills Park Plat. Loso stated it is his opinion that the plan presented to the Council is acceptabie ! and each lot should be based on its own merit. ' Hosch stated that he is somewhat disappointed by the plans submitted by Lambert. He stated it was his understanding that Lambert would lower the building to a two and one half story building, provide a I natural buffer and submit a lighting plan. To the best of his knowledge Lambert has not completed his plans. Lambert stated that he provided the Planning Commission with a letter from his engineer stating that the building he is proposing is not viable at two and one half stories. As far as the lighting plan, he ! presented the Planning Commission with the light heads he will be using but has not completed the actual light plan. Lambert stated that he is willing to provide a naturai fence as requested by the neighborhood but is experiencing difficulty coming to consensus with the neighborhood, Lambert took offense to the I comments of Hosch and stated that he has presented numerous re-designs of the building only to have them rejected by the Planning Commission. ,I Schneider stated that while Lambert may have incurred costs to re-design the proposed development, the issue has not changed, The Planning Commission and Council have requested the development be ¡ designed with one access to serve both lots owned by Lambert. This issue has not changed throughout the entire development process, Therefore, in his opinion Lambert could have resolved the issue by I accepting the recommendations of the Planning Commission and City Council. ! I ':\-'"iÞoi, <: ·;:3 f>",,,,,:.,;~, ':;';"'"""~;;;;';:;;C;;';':"i;'~"z_<_ February 21, 2002 Page 8 of 11 Ehlert concurred with Schneider and stated the Council has been extremely clear with needed changes to the development plan. Ehlert stated that he would be willing to make a motion to require the road be I constructed between the two lots owned by Lambert and be built to a width of 36'. Ehlert stated that it is his opinion that Lambert shows a lack of respect for the planning process and an unwillingness to comply with the request of the City. Scherer clarified that when the Indian Hills Plat was filed, the Developers Agreement includes a provision whereby the property owner at the time of platting would donate the road right-of-way if the City constructed a road between Lots 1 and 2 Block 1 Indian Hills Plat. The agreement further states that the City has one year to exercise the option and one additional year to construct the road. Loso made a motion to accept the findings of the Planning Commission (see attachment "A") issuing the special use permit with the conditions outlined in the findings. The motion was seconded by Rassier. Discussion: Hosch stated that he was hoping that Lambert could reduce the height of the building further than two feet, but is willing to accept the recommendation of the Planning Commission to approve a three foot variance on the height of the building. However, before making a final decision on the site plan and special use permit, Hosch stated that needed information is still missing, Missing items include a lighting plan, type offencing and location and type of screening and location. Further, Hosch requested that Lambert move the caretaker unit further south and align all the garages north of the apartment unit. TfJe realignment of garages will help deflect headlights from extending into the neighborhood homes. Chris Vance of requested the Council deny the request of Mark Lambert as in his opinion the building does not meet the intent of the Ordinance. Further, it is his opinion that the proposed site is not suitable for a 44 unit apartment complex. If multiple family units are constructed he would prefer four twelve unit apartment buildings. Vance referred to the st. JoseDh Cede of Ordinances whereby it states that a proposed PURD should not negatively affect the surrounding property, Joel Heinen of requested the Council deny the request of Mark Lambert. Heinen stated that he requested authorization to install a driveway to Northland Drive and was denied by the City Council. He is requesting that the Council be consistent in their decision making process. I Rassier stated that it is not possible to satisfy all the neighbors regarding the desired screening, but a consensus should be reached, The neighborhood should meet with Lambert and agree to the amount and type of screening. The Council was in agreement that additional information needs to be presented and reviewed before the site plan can be approved, Before the matter can be tabll~d Lambert must agree to waive the extension granted the City on January 17, 2002. Lambert agreed to waive the action requirement provided the time has not already expired. With the consent of the property owner to waive the action requirement, Rassier made a motion to table the special use requirement for 30 days so that additional information can be obtained and revised drawings can be submitted to the Council for review. The mot'ion was seconded by Loso and passed unanimously. Note: A motion to table takes precedence, therefore the motion made by Loso is not acted upon. Lambert requested the Council detail the changes requested and to establish a meeting time to review the plans and to establish a sub committee to review the plans before the joint meeting. The Council agreed the following issues are outstanding: 1, The plans need to illustrate one common access to serve both properties owned by Lambert. I I I I February 21, 2002 Page 9 of 11 A natural landscaping berm plan be provided to serve as a buffer for the residents livihg adjacent to the proposed development. ! Overlay cost participation be guaranteed ! The City Engineer is provided with a final set of plans regarding needed easements and drainage. I The caretaker unit be relocated to provided a greater buffer between the development and the existing housing units. i I The garages be relocated and placed north of the proposed building to help provide a! light buffer for the existing homes. I I , The Council further agreed to work out the issues jointly with the Planning Commission on Monday, I' March 4, 2002 at 8:00 PM. After the meeting on March 4, 2002 Lambert will re-draft the development plans for approval on March 7, 2002, Approval on March 7,2002 is contingent upon Lambert submitting revised plans in accordance to the recommendation on March 4, 2002, ' 2, 3, 4. 5. 6. Engineer Reports , Outlots, Private Ownership -vs - Public Ownershio: Bettendorf requested the Council discuss if the development holding ponds should be assumed by the City upon platting or if they should remain in private ownership, Currently the City has private holding ponds in Northland Five and the developers of Pond View Ridge and Leo Buettener are requesting the City assume ownership of their holding ponds. I Bettendorf stated it is his recommendation that the City assume ownership and maintenance of holding ponds is a City issue, Further, he was recently contacted by the developer of Northland V regarding a ! property owner dispute over the user rights of the holding pond on a specific parcel. Platting the holding ponds as outlots and assuming ownership prevents future neighborhood disputes, Scherer stated that while he does not disagree with Bettendorf, there are advantages for private ownership, Such I advantages include maintenance, The City would not be responsible for mowing or weed prevention of the ponds, i I I Linda Brown stated that public ownership of the holding ponds is Graceview Estates could be detrimental to the development. The lots have been designed with easements for the holding ponds and some of the ponds will be owned by an association, Scherer stated that the Council could review the holding ponds on a case by case basis. : Ehlert made a motion authorizing the City Attorney to prepare Quit Claim Deeds to allow the developers to deed the following properties to the City of St. Joseph: Outlot A . Pond View Ridge Five Outlot A - Pond View Ridge Six Outlot A - Buettner Business Park The City will only accepts deeds for properties where the taxes are paid to current. The motion was seconded by Schneider and passed unanimously. POLICE CHIEF REPORTS , Part Time Officer: Pollee Chief Pete Jansky presented the Council with Dwight Pfannenstein, a new part time officer for the City of St. Joseph, Pfannenstein is employed by the City of Albany as a full time officer and is originally from the St. Joseph area. I 2002 Leased Sauad Car: Weyrens presented a financial breakdown of the cost to lease a third squad car, The breakdown is as follows: Monthly Lease fee Monthly Gas fee $ 500.00 $ 300.00 In reviewing the funds available for the lease cars and the needed equipment for the new squad, the police budget for motor vehicles will have a shortfall of approximately $ 503.98, Jansky stated that he ,,;,j/ti,~'" " -~"""".'." ....,,,. "'ie:"",;;, :·"..""·;,k.;c.-;..,.,..,_:. February 21, 2002 Page 10 of 11 will find an area in his budget to cover the shortfall, Schneider made a motion authorizing the completion of paperwork to lease a third squad car from Minnesota Travel Management as I requested and to equip the car with the understanding that any budget shortfall in the motor vehicle category be accounted for in the Police Budget. The motion waSi seconded by Rassier and passed unanimously. Adult Diversion Proaram: Scherer reported that he has been approached by the Council Attorney to consider participating in the Steams County Adult Diversion Program, The program main streams minor offenses without going through the court process. The program is not available for all offenses nor is it available for repeat offenders. Janksy stated that he does not recommend the Council participate in the program as he does not see a benefit for the City. Schneider made a motion to accept the recommendation of the Police Chief and notify the County Attorney of the decision to not participate. The motion was seconded by Ehlert. Discussion: Loso questioned Scherer as to the benefits of the program. Scherer responded that the program expedites some processes, provides a program for mino,r juvenile offenses and would provide an education program for minor drinking offenses. The motion passed unanimously. Ordinance Amendments: Janksy requested the Council authorize the City Attorney to review the Abandoned Motor Vehicle and garbage Ordinance for possible revision. Jansky stated that it is his opinion the Ordinance needs to be modified for enforcement purposes and presented the Council with sample Ordinances from the City of Albany. The Council recommended the City Attorney review the Ordinances for possible revision and report back to the Council at a later meeting. Maintenance Facility Architect Contract: Ehlert stated that Outsource Management Service (OMS) has provided the City with a certificate of insurance and waived the requirements as requested by the City Attorney. OMS will provide architectural and general contract management for the construction of a I maintenance facility, Ehlert made a motion authorizing the Mayor and Administrator Clerk to execute the contract for services between the City of St. Joseph and OMS as reviewed by the City Attorney. The motion was seconded by Loso and passed unanimously. MAYOR REPORTS One Half Cent Sales Tax: Hosch reported that if the City wishes to participalle in the implementation of a one half cent sales tax a resolution of support should be passed and forwarded to the Legislature for consideration. The Council was in general agreement to support the efforts of the area Cities and request the Legislature to allow the St. Joseph to impose a one half cent sales tax for a period of eight years, Ehlert made a motion adopting Resolution 2002'()6, Requesting Implementation of a one half cent sales tax. The motion was seconded by Rassier and passed unanimo\JJsly. RESOLUTION REQUESTING THE MINNESOTA LEGISLATURE TO APROVE A SPECIAL LAW AUTHORIZING A ONE-HALF PERCENT (1/2%) LOCAL OPTION SALES TAX WHEREAS, the City of St. Joseph is seeking authority to create a one-haIf percent local option sales and use tax in conjunction with the cities of St. Cloud, Sartell, Sauk Rapids, Waite Park and St. Augusta for a period of eight years; and, WHEREAS, the City of St. Joseph has a tax base that is 85 percent residential thereby resulting in a lower taxing capacity than the adjoining cities; and WHEREAS, the purpose of the requested legislation is to establish a regional one-half percent local option sales and use tax with the proceeds to be utilized to defray the costs of projects that cannot be funded through general taxation, in part due to budget restrictions and levy reductions; and I I February 21,12002 Page 11 of 11 ¡ I WHEREAS, proceeds of said local sales tax received by the City of 51. Joseph, will be used to defray the costs of projects of regional significance located in St. Joseph, such as the welcoming center for the Wobegon Bike Trail; and I ! NOW, THEREFORE, BE IT RESOLVED by the Council of the City of St. Joseph, Minnesota: I 1, That the City of St. 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 St. Joseph respectfully requests the Legislature and Governor to approve special legislation authorizing the imposition of this sales tax. Transportation Lobbvina: Hosch requested authorization to participate in the Central Minnesota Transportation Alliance Washington DC fly in, The fly in is an opportunity for the member governmental units to lobby the federal legislature for funding for federal roads, Hosch stated that he would use his' travel and conference budget for this event and any additional expenses he would reimburse the City.! Futher, Hosch stated that all conferences attended for the remainder of the year would be paid for by I himself. Loso stated he does not see the benefit to the City and the St. Cloud Area Planning : Organization provides lobbying for the City. Rassier concurred with Loso and stated that Hosch could, ask the local representatives participating in the program to carry forward the needs for the City of St. ! Joseph. 'I COUNCIL REPORTS I SCHNEIDER - No report EHLERT - No Report RASSIER - No Report LOSO- No Report ADMINSTRATOR CLERK REPORTS Tax Abatement Seminar: Weyrens reported that the St. Cloud Partnership is sponsoring a half day seminar on the benefits and procedure for Tax Abatement. The seminar is scheduled for March 14 aUhe St. Cloud Technical College and has a $ 10.00 registration fee, Any Council Person wishing to attend should contact the City Offices. Adiourn: Hosch made a motion to adjourn at 10:45 PM seconded by Loso and passed unanimously. ~~ ~i~strator Clerk I I THIS PAGE INTENTIONALLY LEFT BLANK I I