HomeMy WebLinkAbout2002 [06] Jun 06
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, June 6, 2002 at 7:00 p.m, in the St. Joseph City Hall, i
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Members Present: Mayor Larry Hosch, Councilors Bob Loso, Cory Ehlert, AI Rassier, and Kyle
Schneider. Administrator I Clerk Judy Weyrens.
City Representatives Present: Fire Chief Dave Theisen, City Engineer Joe Bettendorf, Bond Counsel
Monte Eastvold.
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June 6, 2002
Page 10f 6
Others Present: Stuart Goldschen, Ted Schmid, Lou Kresbach, Wayne Brutger, Jerry Hettwer, Clyde 1
Lehnen, Mary Ann Lehnen, Beatrice Lahr, Anthony Lahr, Tom Krebsbach.
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Approval of Aaenda: Loso made a motion to approve the agenda with the following additions: 5, (a)
Fire Works Ordinance; 7 (c) Northland Developer's Agreement; 13 (c) Census Contention. The'
motion was seconded by Schneider and passed unanimously.
Bills Payable - Approve check numbers 31245 -31332
Minutes - Approve Minutes of April 18, April 24, May 16 20002
Vie West Steel- Industrial Revenue Bonds - Set public hearing for June 27, 2002 for the
issuance of Tax Exempt Industrial Development Bonds for the expansion and relocation
of Vie West Steel. I
SCDP Grant Administration - Accept the proposal of SEH to provide all the necessaryl
funding source administrative activities for an amount not to exceed $ 18,000.00 I
Site Plan Requirement for AI! development - Authorize the City Attorney to prepare an
Amendment to the Building Ordinance requirement a site plan for all development excépt
for R-1Single Family
Computer Upgrade - Authorize expenditure of $ 1,464,00 to upgrade front desk
computer,
Consent Aaenda: Loso made a motion to approve the consent agenda as follows:
a.
b,
c.
d.
e.
f.
Ehlert questioned if the grant administration fees were included in the financing for I
County Road 121" Weyrens responded that the grant application included $ 20,000 for
grant administration. Ehlert questioned the proposed Ordinance Amendment regarding
the requiring of a site plan for all building excluding property in R-1 zoning districts, I
Ehlert stated that the City Council should make the final decision on site plan approval 'I'
and requested the amendment include such, Loso agreed to amend the motion to
require both Planning Commission and City Council approval of all site plans with
the exclusion of R-1, Single Family, I
Hosch questioned the need for a read-write CD Rom for the City Office computer, I
Weyrens responded that a read-write CD Rom replaces the need for a tape backup. The
network is backed up dally, while local drives must manually be backed up. !
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Ehlert seconded the motion to approve the consent agenda as amended. The motion passed
unanimously,
Discussion:
Public Comments to the Aaenda: No one present wished to speak.
Dave Theisen. Fire Chief - Six-month activitv report: Fire Chief Dave Theisen appeared before the
Council to present the six-month activity report of the St. Joseph Fire Department. The reporting period
covers December 1, 2001 to May 31, 2002. Theisen presented the following summary: !
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o Response calls -122 (down from 24 from the same period last year)
o Breakdown of response calls:
June 6, 2002
Page 2 of 6
~ City of St. Joseph - 61
~ St. Joseph Township - 48
~ St. Wendel Township -12
~ Mutual Aid - 1
~ Medical Calls - 93 (76%)
~ Fire I Gas Leaks - 29
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Loso made a motion to accept the semi-annual Fire Report for the period December 1, 2001 to May
31, 2002 as presented and authorize the payroll expenditure of $ 18,740.00.
Discussion:
Mayor Hosch requested that future Fire Reports include a comparison to prior
years, Rassier questioned if it is time efficient for the St. Joseph Fire Department
to respond to calls in Bel Claire Acres. Theisen stated that the Fire Department
receives numerous calls from the Bel Claire area and he has discussed this
matter with both Sheriff Kostreba and the Township Board. Kostreba suggested
screening the calls before responding to determine if assistance is needed.
Theisen stated it was the opinion of the Fire Department that they did not want
calls screened and they would continue to respond to all calls as in the past.
Theisen further stated that the Fire Department receives considerable funding
from Stearns County and changing service/coveragl9 could jeopardize funding.
Rassier questioned at what point is it necessary to eiStablish a sub-station to
provide a quicker response time, Hosch stated that the City of St. Cloud is
completing a fire study with regard to sub stations and the City of St. Joseph may
be able to benefit from the study.
The motion was seconded by Ehlert and passed unanimously.
Fireworks Ordinance: Weyrens reported that during a recent department head meeting it was I
recommended the City adopt a Fireworks Ordinance since the legislature legalized the selling of specific
types of fireworks. Theisen stated that he has reviewed the proposed Ordinance and requested the
Council adopt the proposed Ordinance as presented licensing the vendors annually and charging a fee
comparable to the area cities. Hosch stated the area Mayors also discussed this matter and all the
surrounding cities are working to adopt an Ordinance as soon as practicable. Rassier made a motion
to adopt Ordinance 120 regulating the use of Fireworks. The License period will be January 1 to
December 31 with an annual fee to be determined. The motion was seconded by Ehlert and
passed unanimously.
Noise Violation. Mark Lambert 133 Cedar Street East #200: Stuart Goldschen, manager of Campus Park
Villas appeared before the Council on behalf of property owner Mark Lambert of Summit Management.
Goldschen stated that Lambert will not contest the noise violation, which occurred on May 14, 2002.
Goldschen further stated that Campus Villa has a zero tolerance policy for Ordinance violations and the
tenants involved with the noise violation have been served with eviction papers, In addition, the tenants
have been fined in accordance with the terms of the lease, Goldschen stated that this is the first noise
violation for the complex in the nine years they have been occupied, and he apologized to the Council for
the actions of one tenant.
Goldschen stated that Summit Management has taken extreme measures to prevent noise and party
violations, During the month of May, an off-duty Stearns County Deputy was hired to patrol the area.
Goldschen stated the Deputy service was ended after graduation as the majority of the students had
moved out. Unfortunately this violation occurred after graduation. Goldschen stated they would like
some consideration for their past efforts.
Mayor Hosch stated the landlords and property owners are limited in controlling behavior of adult tenants.
Hosch commended Goldschen for their efforts and recommends the Council impose the minimum fine.
Goldschen stated the property owner is requesting the Council dismiss the violation from the property
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June 6, 2002
Page 3, of 6
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record, Hosch stated that in fairness to the landlords and resid~nts, the violation could not be removeJ
from the record as no guilt has been admitted, , I
Loso made a motion acknowledging that a noise violation did occur on May 14, 2002 at 133 Cedar
Street East, Apartment #202 and to impose a fine in the amount of $150.00. The motion was I
seconded by Schneider and passed unanimously, '
Northland Plat Six Final Plat: Ted Schmid of Lumber One Avon, appeared before the Council to present
the final plat for Northland Plat Six. Weyrens stated that the Council cannot approve the final plat until (he
EAW waiting period has ended, However, if there are outstanding issues the Council should discuss I
them at this time in preparation for final plat approval on June 27, 2002.. 1
Schmid stated that Northland Plat Six contains 67,000 square feet of park area and 111,000 square feet
of wetlandldrainage area, Schmid stated that some cities will credit the developer for at least 50% of the
value of the drainage area (Outlot A), In Northland Plat Five the City allowed the drainage area to be 1
platted with individual lots. This method allows the developer to recoup some of the development costs
as the lots are larger and can be sold at an increased price. i
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Mayor Hosch requested this matter be referred to the Park Board for consideration at their June 18, 2002
meeting, with a recommendation forwarded to the City Council for action on June 27, 2002. Schmid I
requested that a value be determined for Outlot A in Northland Plat Six,
Northland Plat Five - Water Ban Relief: Schmid requested the Council relieve the water ban for 30 day~ in
Northland Plat Five as he is preparing to sod the front lawns of thirty homes, Schmid stated that unless
the residents are allowed to water their lawn every day, the sod will not survive. Schmid stated that in 1
checking with surrounding communities, the majority of cities make concessions for residents with new
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Ehlert stated it is his understanding that when the fin plat was presented to the Council, sodding of the
front yards was part of the approval. Therefore, in his opinion the Council has already approved relief
from the watering ban, as you cannot lay sod without watering every day, Bettendorf clarified that sod
needs to be watered beyond 30 days, but should not need to be watered everyday. Bettendorf suggested
that if the watering ban is relieved, the Public Works Director should monitor the water usage carefully,! If
the pumping cannot keep up with demand, the ban would be reinstated. '
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Hosch stated he had the opportunity to check with residents of other cities and provisions are made to 1
allow residents with new sod or seed to water daily. However, Hosch stated that he is concerned what I
effect the water ban relief will have on the water supply, Weyrens stated that she discussed this mater¡
with Public Works Director Dick Taufen and he has stated that the water system is already taxed due t<:>
the lack of rain. It is Taufen's recommendation to leave the water ban in effect for all residents, I
Rassier made a motion to relieve the water ban for any resident who has laid new sod or seeded
their lawn, This relief will continue until July 8, 2002, at which time the water ban will be I
reinstated. Further, if the Pubic Works Director feels the water levels reach a dangerous level, the
water ban relief will be rescinded, Residents requesting relief from the water ban must notify the
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Discussion: Schneider questioned if we have the staff to note that every homeowner I
requesting relief contacts the City Offices. Rassier stated the reason for notifying
City Hall is so that the Police Department can issue tickets to those who have rot
notified City Hall and are watering on the wrong days, Ehlert requested to limit
the water ban relief to residents in Northland Plat Five. Hosch stated that if the
water ban is relieved it should be available to any resident with new seed or sod.
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June 6, 2002
Page 4 of6
The motion was seconded by Ehlert.
Ayes: Loso, Rassier, Ehlèrt
Nays: Schneider, Hosch
Motion Carried 3:2:0
CITY ENGINEER REPORTS
Southeast Utilitv Expansion: City Engineer Joe Bettendorf discussed the need to make a decision as to
whether or not utilities will be extended to the southeast area near the Del Win Ballroom. The City
Council conducted a public hearing on the improvement and delayed action on the matter. The property
in question is located in St. Joseph Township, thus requiring annexation before utilities could be
extended.
Weyrens stated that she and the City Engineer have met with the majority of the property owners
regarding the proposed project. K & L Properties has requested the Council defer the assessments for a
period of three to five years with the interest being paid upon transfer of prop'erty. Anthony and Beatrice
Lahr are requesting to defer the assessments for a minimum of two years. The property owner of the
Super 8 and Del Win have requested the Council freeze their taxes and market valuation as well as
waiving a portion of the connection charges.
Bond Counsel Monte Eastvold of Juran and Moody approached the Council to present financing options
for the Southeast Utility Expansion project. Eastvold stated that it is his understanding the total project
cost is $ 738,000 with $ 628,000 being assessed, With that understanding, Eastvold presented the
Council with bonding options including the deferral of assessments for five years. Weyrens stated that
the US Army has agreed to pay their assessment up front, which would be a cash contribution of
$126,000. Hosch stated that he can support deferring the assessments for the length of time that the
Army assessment pays the annual payment.
When questioned if the City would be taking risk in deferring the assessments, Eastvold responded that
the first bonding scenario illustrates the affect of deferring the assessments for the first five years.
Eastvold stated there is a risk for the City. The longer the City foregoes the assessments, the greater the
risk to the City, Eastvold stated it is not uncommon for municipalities to defer assessments in
undeveloped areas. The Council needs to determine if the extension of utilillies will increase the
likelihood of development in that area. If the answer is yes, then it would be reasonable to expand utilities
and defer assessments,
Southeast Utility Annexation: Weyrens stated that before the Council can move forward with the utility
expansion, the Council needs to move forward with the annexation. The Orderty Annexation Agreement
between the City and Township of St. Joseph requires that if less than 100%, but greater than 60% of an
area petitions for annexation, a joint public hearing will be held before the City Council and St. Joseph
Township Board, At this time the City has received two annexation petitions and a commitment from two
other property owners if the assessments can be deferred. Rassier stated the City should move forward
with the annexation hearing if a three year deferral period is acceptable to the two property owners
requesting such,
Jerry Hettwer representing Anthony and Beatrice Lahr stated that if the assessments would be deferred
for a period of two to three years his clients would be willing to agree to the annexation.
Lou Krebsbach of K & L Partnership presented the Council with a letter detailing their conditions for
annexation. Krebsbach clarified that K & L properties is not requesting to waive interest during the
deferral period, rather allow the interest to accumulate and become payable upon transfer of property or
development.
Wayne Brutger of Super 8 Motel approached the Council and spoke in oppo:sition to the propcsed project.
Brutger stated that he is not opposed to development of the area surroundin'g his property. However, it is
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June 6, 2002
Page 5, of 6
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his opinion that his property cannot afford the additional cost of annexation such as increased taxes, 1
increased valuation and the applicable assessments. If the only cost of the utility expansion was the '
utility assessment, he would support the project. Brutger stated he has discussed this matter with Dave
Mueller of the Del Win and he too is opposed to the annexation, I
The Council agreed to move forward and request a public hearing with the Township if the City receiveb
annexation petitions from at least 6.0% of the property owners. '
Monte Eastvold - Update on Financina City Proiects: Eastvold presented the Council with a revised
bonding scenario for the 2002 projects, The bond issue proposed for 2002 is approximately 4.6 millioh,
Eastvold stated the Council needs to determine if the bond issue will be a negotiated sale or public salE!,
The estimated cost of a public bond sale is $ 29,500. However, the cost should be offset with lower
interest rates. If the Council opts for a negotiated sale there is no financial advisory fee, The Council
agreed to conduct a public sale for the 2002 Bond Issue.
Department Head Reports: None
Mayor Reports
County Road 121: Hosch reported that he attended the County Road 121 pre-construction meeting at
Stearns County. The Stearns County Engineer clarified that there will be access to County Road 121
during the entire project. However, there will be times when access will be limited or it will be difficult to
access certain properties.
Meetinas Attended: Hosch stated that he and Councilor Schneider attended the MNDOT open house.
Cable Commission: Hosch stated that he and Weyrens met with the Cable Commission regarding
equipment replacement and programming, The Cable Commission will be requesting authorization to
request each cable provider to charge a cable equipment fee that will be turned over to the City and
earmarked to provide improved equipment. Hosch further stated that City Office Staff will be providing
assistance with the cable bulletin board,
Council Reports
SCHNEIDER
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Park Board: Schneider reported that the Park Board is requesting authorization to purchase rubber mat
golf pads for the disc golf course at a cost of $ 2,994. Hosch made a motion to relieve the capital I
spending and employment freeze imposed by the Council during the legislative session at which
time City funds were jeopardized. The motion was seconded by Ehlert and passed unanimously,
Schneider reported the Park Board is requesting authorization to purchase the equipment for phase tw~
of the skate park improvement. Phase two includes a launch box and ramp at a cost of $ 6,290.46. ¡
Ehlert made a move to approve expenditure of $6,290,46 for the skate board equipment as I
proposed by the Park Board, The motion was seconded by Rassier and passed unanimously. I
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Wobeaon Trail: Schneider reported on the Wobegon Trail Welcoming Center. The Wobegon Committee
has been working on the proposed center for approximately one year. At this time the Committee has I
reached a stand still as the site for the proposed center has not been selected. The Wobegon Committee
has been approached to consider purchasing a parcel of property adjacent to the trail. The property is 1
appraised at $ 80,000. Hosch stated it is important to secure property for the trailhead and feels that
purchasing land is not a wasted investment. Schneider reported that the Jaycees have been donating $
1,000 per month for the development of the Welcoming Center. At this time the Committee has I
approximately $ 30,000 designated for the center. Ehlert reported the St. Joseph Lions have recently (.
discussed the Wobegon Trail and have committed to support the project by donation of labor. ¡
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June 6, 2002
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EHLERT - No Report
Comprehensive Plan Update: The Planning Commission has reviewed the first three chapters of the
Comprehensive Plan. Municipal Development Group has scheduled two meetings for public input on the
Comprehensive Plan as follows: Neighborhood meeting - July 11, 2002 at the St. Joseph j Community
Fire Hall; Business meeting on August 1, 2002 at the St. Joseph City Council Chambers.
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RASSIER
LOSO - No report
Administrator I Clerk Reports
Rental License. 11 _ 6th Avenue NW: Weyrens reported that she had been contacted by Tim Kieman,
property owner of 11 _ 6th Avenue NW. Kiernan received the letter sent by thla City requesting that he
immediately close the access to County Road 2 and seed or sod his front yard. Kieman has agreed to
remove the access to County Road 2, but is questioning whether or not the Council will allow parking
along County Road 2/Minnesota Street. The Council was in general agreement not to allow parking on
County Road 2.
Kiernan also questioned if he could expand his parking along 6th Avenue NV'V', increasing the curb cut to
his property. The Council agreed that if Kiernan wishes to expand the curb cut, he would need to make
application for a variance. The Council also clarified that nothing would prohibit Kieman from parking 11
vehicles in his back yard. Ehlert clarified that the City Council is not in a position to negotiate the
Ordinances and Kiernan should be instructed to abide by the established Ordinances,
One-half Cent Sales Tax: Weyrens reported that the Council will need to determine if the City will place a
referendum on the November ballot, which will allow the City of St. Joseph to implement a one-half cent
sales tax. The cities of Sartell and St. Cloud already have taxing authority and residents of St. Joseph will I
be paying the tax every time they shop in St. Cloud. The formula for distribution of the sales tax is the
same as proposed in 2000 with St. Joseph receiving $ 2.00 for every $ 1.00 collected. The Council
agreed to further discuss this matter on June 13, 2002 at a special meeting of the City Council.
Census Contention: Weyrens reported that St. Joseph has not resolved the 2000 Census dispute. Since
the City has not been able to receive an answer from the Census Bureau, the City has enlisted the help of
Congressman Collin Peterson, If the City does not receive an adjusted population for the year 2000, the
City faces the loss of State Aid funding. Special legislation has been passed that allows St. Joseph to
receive State Aid Funding if the adjusted 2000 population reaches 4,900.
Adiourn: Hosch made a motion to adjourn at 9:15 p.m.; seconded by Rassier and passed
unanimously.
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