HomeMy WebLinkAbout2002 [09] Sep 05
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September 5, 2002
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Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular sessibn
on Thursday, September 5, 2002 at 7:00 PM in the SI. Joseph City HaiL I
Members Present Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier. i
Administrator I Clerk Judy Weyrens. I
City Representatives Present City Engineer Joe Bettendorf, Public Works Director Dick Taufen.
others Present Nora Stoneberg, Sara Wuertz, Cathy Salzer, Arthur Reber, Janelle Schneekloth, Marlys
Sebasky, Richard Carlborn, Kevin Dierkhising. I
Approve Aaenda: Rassier made a motion to approve the agenda with the addition of 11 (b) Water
Tower Lights and 12 (d) Establish Budget Meeting. The motion was seconded by Loso and '
passed unanimously by those present.
Consent Aaenda: Ehlert made a motion to approve the consent agenda as follows:
a.
b.
c.
d.
e.
f.
I g.
h.
Approve check numbers 31674 - 31749
Approve August minutes
Authorize the execution of application for payment 1 for the 2002 Street Project and
authorize payment in the amount of $ 144,612.47 to RL Larson.
Authorize the execution of application for payment 3 for the 2002 Business Park
Improvement and authorize payment in the amount of $ 159,585.40 to Molitor
Excavating. ¡
Appoint Peter Loso to fill the cable commission vacancy created by the resignation of !vic
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Authorize the payment of the 2001 unused vacation at the 2001 rate for Judy Weyrens
based on the letter from the City Attorney. I
Issue a one day outdoor liquor permit to the College of SI. Benedict for an event to be,
held on October 12, 2002 between the hours of 6 PM and 11 PM i
Replace the existing computer in the EDA Office at a cost of $ 1,343. i
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The motion was seconded by Rassier.
Ayes: Hosch, Ehlert, Schneider, Rassier
Nays: None. Abstain: Loso
Motion Carried 4:0:1
Department Head Reports - police Chief
Introduction of Part Time Officer: Chief of Police, Peter Jansky approached the City Council to introduce
SI. Joseph's new part time Police Officer Kevin Brown. Jansky stated that Kevin Brown currently works
part time for the City of Albany and is currently in field training with Officer Jean Gustin. Janskyalso ¡
reported that the second part time officer, Mathew Johnson, will be on staff as soon as the background
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Parkina on Minnesota Street Jansky reported that he has been approached by some of the downtown
business owners requesting the City limit parking on Minnesota Street in the downtown area (2nd Avénue
Northwest to 1st Avenue Northeast). The business owners are stating that cars are parking all day on
Minnesota Street, limiting access for residents wishing to shop downtown. Jansky requested the Council
consider imposing a 2 hour parking limit on Minnesota Street in the downtown area between 8:00 and
8:00 PM. Jansky stated he has discussed this matter with the Public Works Director Dick Taufen, and he
is supportive of the limited parking and is the process of determining the number signs required and the
financiai impact of such. l
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Hosch expressed concern that limiting parking may negatively impact the rental units located in the
downtown area. While the landlord is responsible for providing parking for the tenants, visitors may ave
difficulty finding parking. Jansky clarified the proposed parking limitation is only during the daytime hours
and would not have an impact on evenings or weekends. I
Loso questioned how the 2 hour parking will be enforced. Jansky stated that the Police Department:
would chaik tires and issue tickets if the vehicles are not moved. Ehlert questioned if the Police ¡
Department would allow a warning period during the conversion to restricted parking. Jansky stated that
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September 5, 2002
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he would not be opposed to such and would use the SI. Joseph Newsleader and student newspapers to
inform residents of the change.
Loso made a motion designating the Minnesota Street between 1st Ave!nue E and 2nd Avenue W as
two hour parking between 8:00 AM and 5:00 PM. Evenings, weekends and holidays would be
excluded. The motion was seconded by Ehlert.
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Ayes: Hosch, Ehlert, Schneider, Loso
Nays: Rassier Motion Carried 4:1:0
Public Comments to the Aoenda: No one present wished to speak.
Minnesota Community Capital Fund IMCCF): Tony Goddard representing the Minnesota Community
Capital Fund appeared before the Council to request participation in the Fund. Goddard stated the
Minnesota Community Capital Fund is affiliated with the Northland Institute which is located in
Minneapolis and is a freestanding non-profit corporation based on membership.
Goddard stated the MCC Fund has been established to help economic efforts of municipalities.
Legislative changes have reduced financing assistance that municipalities can offer new or expanding
businesses and this fund will provide gap financing. At this time MCCF is seeking contributions of
municipalities to originate the fund.
Goddard stated the loan pool allows more lending ability to the communities investing in the fund as they
can their make loans and get a 10 to 1 leverage benefit. A Second benefit of the MCCF is the loans are
sold to the secondary market, reducing risk and allowing the funds to be replenished immediately. The
administrative costs would be born by interest earnings pledged to the funds to cover the costs. The 2nd
source of funds for the administrative costs is origination and other loan fees that are charged to the
borrower.
Goddard stated the MCCF is hoping to raise $2.5 million by October 31.2002. At this time Goddard I
requested the City of SI. Joseph contribute $ 25,000 to the fund. Hosch stated the SI. Joseph EDA has
reviewed the request of MCCF and recommended Goddard appear before the Council seeking funding.
Hosch further stated that during a goal setting meeting, the number one priorilly was to establish a
revolving loan fund. The MCCF would satisfy that goal and provide a greater Ilending power than a
private revolving loan fund with only SI. Joseph funds.
When questioned at what rates the loans are processed, Goddard responded that the interest rates are
negotiable and the City has the ability to pay the points to reduce the interest fiurther. The MCCF is
intended to be gap financing when businesses cannot secure full financing from the bank. All the loans
will be credit worthy and their will not be a risk to the City.
Ehlert stated based on the information presented at this meeting, he understands that the City will
actually process the loan application giving the City the opportunity to help a business rather than
referring a business prospect to a financial institution. Ehlert questioned Goddard if his understanding is
correct and how the Council will process the applications. Goddard responded the City will be involved in
the process and a loan officer would assist the City with the application and processing.
The Council agreed to review this matter further and make a final decision before October 31. 2002.
Refinancino - 1992 Water Tower and 1996 Water Filtration Bond Issue: Mont,~ Eastvold of Juran and
Moody appeared before the Council to present a refinancing opportunity of two outstanding bond issues.
Issue Balance Current Rate New Rate
Water Tower $ 145,000 5.6 to 6.1% 1.75-4.8% I
Water Filtration $ 645,000 5.1 to 6.1% 1.75-4.8 %
Eastvold stated that by refinancing, the City will save approximately $ 69,118 in interest payments with a
net savings of $58,000. Eastvold stated the bond rates are at a historic low and they may drop lower and
the Council does not need to refinance the bond issues at this time. Hosch staled he is hesitant to delay
the action in anticipation of lower rates as the savings to date are significant.
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September 5, 2002
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Loso made a motion to approve the resolution proyiding for the issuance and sale ,of $ 810,000 I
General Obligation Water Revenue Bonds of 2002. The mõtiôn was seconded by Ehlert and 1
passed unanimously. .
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KniQht Builders. Special use reauest _ Office/lndustriai Warehousina: Kevin Dierkhising, owner of Knight
Builders, approached Council for issuance of a speciai use permit to allow the construction of a 4,000 I'
square foot office/warehouse facility.
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Loso made a motion to adopt Resolution 2002-_ approving the Special Use permit for Knight i
Builders to Construct a 4,000 square foot office/warehouse facility.
Loso made a motion to enter into an agreement with Juran and Moody to sell the $ 810,000
General Obligation Water Revenue Bonds of 2002 with a net effective interest rate of 4.4139%.
The motion was seconded by Ehlert and passed unanimously.
RESOLUTION 2002-_
APPROVAL OF A SPECIAL USE PERMIT FOR KNIGHT BUILDERS
TO CONSTRUCT A NEW FACILITY
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WHEREAS, Knight Builders has submitted a request for a speciai use permit for a 4,000 square foot
office and warehouse facility, and .
WHEREAS, the applicant has submitted required site plan and building plans for review; and
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WHEREAS, Section 52.9 of the Zoning Ordinance outlines requirements for the issuance of a special ~se
perm it; and
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WHEREAS, the Planning Commission has reviewed the proposed site and building plans and
recommended the City Council approve the special use permit with the contingency of final approval of
the City Engineer. ¡
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NOW, THEREFORE, BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIL THAT: The City Council
does hereby grant a special use permit to Knight Builders for the construction of an office and warehouse
facility, contingent upon the following conditions: .
1. The City Engineer approves the drainage and elevation plan.
The motion was seconded by Ehlert and passed unanimously.
Von Mever Publishina. Special use reQuest - Rental in a B1 Zonina District: Janelle Schneekloth
approached the Council seeking issuance of a special use permit to allow a rental unit in a General
Business Zoning District. Schneekloth stated that she is in the process of purchasing the Frieler Habben
building on 1st Avenue NW for her business and would like to remodel the lower level to accommodate
two rental units. Rassier stated that the matter came before the Planning Commission and they
recommended approval provided that a total of eight off street parking spaces are provided.
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Schneekloth presented the Council with a revised parking plan, illustrating four parking spaces on the
west of the property, current driveway, and four parking spaces on the north. The north parking spaces
would abut Ash Street. Loso questioned the dimensions of the parking spaces on Ash Street. I
Schneekloth stated that each parking space would meet the minimum requirement of 9' x 22'.
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Loso made a motion to adopt resolution 2002-_ approving a special use permit to allow a re~tal
unit in a B-1 General Business District. '
Resolution 2002-_ I
Approval of a Special Use Permit for Van Meyer Publishing to Allow a
Rental Unit in a B1 Zoning District
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WHEREAS, Von Meyer Publishing has submitted a request for a special use permit to allow a rental unit
in the lower level of the property located at 32 - 1st Avenue NW, a General Business zoning district, and
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September 5, 2002
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WHEREAS, the applicant has submitted the required site plan and building plans for review; and
WHEREAS, Section 52.9 of the Zoning Ordinance outlines requirements for the issuance of a special use
permit; and
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WHEREAS, the public hearing was duly noticed and published with notices mailed to all property owners
within 350 feet of the proposed assessment; and
WHEREAS, the Planning Commission has reviewed the proposed site and building plans as it relates to
the St. Joseph Code of Ordinances and SI. Joseph Comprehensive Plan. and
WHEREAS, the Planning Commission is recommending the City Council approve the special use permit
with the contingency that the property owner provide eight (8) off street parking spaces which are
approved by the Public Works Director and City Engineer and the property O'llmer completes the rental
license application procedure.
NOW THEREFORE BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIIL THAT: The City Council
for the City of SI. Joseph does hereby grant a special use permit to Von Meyer Publishing allowing a
rental unit in a B 1- General Business District with the following contingencies:
1. The property owner will provide and maintain eight (8) off street parking spaces with four
located on the existing driveway and four abutting Ash Street. The Ash Street parking
spaces will be 9' x 22' and the location will be approved by thl~ City Engineer and Public
Works Director.
2. Completion of the rental license application process including inspection and repair.
The motion was seconded by Rassier and passed unanimously.
City Engineer Reports
2002 Assessment Hearinos: City Engineer Joe Bettendorf requested the Council establish the
assessment hearings for the 2002 Street/Utility Improvements. Rassier madl~ a motion to set the
following public hearings for the adoption of proposed assessments for street and utility
improvements.
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1. SE Utility Extension - October 30, 2002
2. Business Park Improvements:'" October 3, 2002
3. County Road 121- October 29,2002
4. 2002 Interior Streets - October 30, 2002
The motion was seconded by Loso and passes unanimously.
Generator Reouest - CR 121 Lift Station: Bettendorf requested the Council authorize the engineering for
a generator for the CR 121 Lift Station. Bettendorf stated that he has been meeting with City staff to
determine the best design for a generator. The City has the option of designing a generator that is fixed
to the lift station or a portable generator. Loso questioned the cost difference between the fixed and
portable generator. Bettendorf responded that he does not have that information at this time and will
bring the information to the Council in October.
2nd Avenue NE - Improvement Area: Bettendorf requested clarification on the proposed improvements
for a portion of a street on 2na Avenue NE. This section of street has never been improved and functions
as a private alley. The property owner has previously requested the Council vacate the street or improve
the road but later dropped the request. At this time the Council needs to make a decision if the road will
be improved or maintained as a private driveway. The property owner is requesting the road be paved
without curb and gutter. Bettendorf stated the City has a policy where all City streets are built with curb
and gutter.
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Ehlert stated it is his opinion that when the City improves an area the entire ama should be completed
and that would include the section of street being discussed. However, Ehlert stated that he would be
supportive of not constructing curb and gutter as the road will dead end and drainage should not be an
issue.
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September 5, 2002
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Rassier stated it is his opinion that the Street being discussed should be constructed as a City Street to I
include curb and gutter. Bettendorf stated the City Should.be..c.o.ns. istent with the P....Olicy regarding street .1
improvement and if the area being discussed is a street thenjLsb.ould be construc::ted as such.
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Marlys Sebasky of 2nd Avenue NEstated that she is the only property owner that would be affected by I
this improvement and she does not wish to incur the additional cost of curb and gutter. In her opinion
constructing the road with curb and gutter does not make sense. Bettendorf clarified that the adjoining
property owner would aiso be affected by the proposed improvement. I
Ehlert made a motion to reconstruct 2nd Avenue NE, north of Ash Street East without curb and
gutter. The motion was seconded by Schneider.
Discussion:
Loso spoke in objection to the motion. Loso stated that the City has required aU
streets in the past to be reconstructed with curb and gutter and this road should
be constructed in accordance with City policy. The City will be conducting a I
public hearing in October for the 2002 improvements and many residents in the
proposed area did not wish curb and gutter either, but the City followed the .
established policy.
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Bettendorf expressed concern that if the City deviates from the established policy
current projects may be chaUenged, creating a financial impact to the City. Ehlert
stated that since 40% of the project cost is absorbed by the City, not placing cürb
and gutter in this section would be a benefit to the City. Further, Ehlert stated I
that he has always supported looking at unique situations and making a decision
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based on the facts presented. I
Cathly Salzer of 5th Avenue NE stated that she was opposed to curb and gutter
when Eastern Park was reconstructed but the residents were informed that it was
City policy to do so and the project was completed. Salzer encouraged the I'
Council to be consistent in decision making. ,
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Hosch stated that he values consistency and it is his opinion that the City needs
to construct the section of 2"" Avenue NE north of Ash Street according to City
standards. ¡
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Mayor Hosch made a motion to table this matter to September 9, 2002 i
giving the City Engineer an opportunity to meet with the other property
owner that would be affected by this improvement. The motion was I
seconded by Schneider and passed unanimouslY'i I
(Note: A motion to table takes precedence therefore the first motion is not acted
upon.) ! 1
East Baker Street Hearino: Bettendorf stated School District 742 and the CoUege of SI. Benedict have
waived their rights to a public hearing for the improvement of East Saker Street. Both property owners
have indicated they are acceptable to the proposed assessment and requested the City move forward
with the improvement. I
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Rassier made a motion to adopt resolution 2002- Ordering the Improvement and Preparation of
Plans for the improvement to East Baker Street between College Avenue South and 1st Avenu'e
Northeast. The motion was seconded by Ehlert and passed unanimously.
Resolution 2002 - _
Ordering Improvement and Preparation of Plans
East Baker Street between College Avenue South and 1st Avenue NE
WHEREAS, the abutting property owners of real property on East Baker Street between College Avenue
South and 1st Avenue NE have waived the right to a public hearing for the improvement of street, curb
and gutter, and 1,<;. '
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September 5, 2002
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WHEREAS, pursuant to a resolution of the City Council adopted on August 21, 2002, a report has been
prepared by Joe Bettendorf of SEH with reference to the improvement, and this report was received by
the Council on the 21st day of August 2002;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH MINNESOTA:
1. The Council finds and determines that said waiver was signed by all owners of real propert)'
abutting upon the streets named as the named location of the improvement.
2. Such improvement is hereby ordered as proposed in the Council resolution adopted this 5'"
day of September 2002.
3. Joe Bettendorf of SEH is hereby designated as the engineer for this improvement. He shall
prepare plans and specifications for the making of such improvement.
4. The City Council declares its official intent to reimburse itself for the costs of the improvement
from the proceeds of the tax exempt bond.
County Road 75 Proposed Pedestrian OverDass: Bettendorf reported that he has researched the
potential of constructing a pedestrian overpass over County Road 75. Based on a recent project
completed in another municipality the estimated cost of such a project is 1.8 Million. In reviewing the
intersection of County Road 75 and College Avenue, there is not enough room to construct an overpass
as it has a height of 17 feet and the grade to the top can only be at 5%. If an overpass is constructed it
would need to located east of College Avenue closer to 4'" Avenue NE.
The Council questioned Bettendorf about the possibility of constructing an underground tunnel.
Bettendorf stated that underground is costly as well and presents some security and safety issues. In his
experience people are more apt to use at grade crosswalks. The Council concurred that it is not
economically feasible to propose construction of an overpass with the one half cent sales tax.
Northland Drive: Ehlert questioned Bettendorf as to the status of the repair on Northland Drive.
Bettendorf stated that they have finished pouring the concrete base and a final lift of asphalt will be
placed over the patched area.
Department Head Reports - Public Works
Water Loss Update: Taufen appeared before the Council to update the Council on the water loss for the
year 2001. Taufen stated that municipalities are required to account for 90% of all water pumped through
the municipal wells. Over the past five years the City has not been able to account for the required water
and the DNR is requesting that before a permit is issued in 2003 the City meet the mandated
requirements. Taufen stated that he has been working on resolving the problem and has been unable to
do so at this time. In an effort to help isolate the problem, an engineer from SEH has been reviewing the
system with Taufen. As of this time all the well meters have been cleaned and calibrated. As that did not
resolve the issue, new check valves are being ordered. Taufen agreed to report back to the Council
when more information is available.
Rassier and Ehlert questioned the ballpark irrigation system and if it would be economical to drill a well for
watering Memorial Park. Taufen stated that the water for the irrigation system is linked with the drinking
water and if a well is drilled a separate system would need to be created. Bettendorf stated that water
from a well contains large amounts of iron and any structure or area touched by the water would turn red.
Water Tower liGhtinG: Taufen reported that the time clock for the water tower Ilights is not functioning and
needs to be replaced if the lights are to be set on a timer. Currently the water tower lights are lit from
dusk to dawn and do not require a timer. The only time a timer is required is if the lights are to be lit for a
specific time such a 9:00 PM to 2:00 AM. The Council concurred the intent of the lighting is from dusk to
dawn and agreed to not replace the timer as requested by Taufen.
City Hall Sprinkler Svstem: Taufen' reported the sprinkler system in front of City Hall is located too close
to the sidewalk and as the sidewalk is being replaced it would be reasonable to reset the sprinkler
system. Taufen stated that moving the sprinkler heads back two feet would alleviate future problems.
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September 5, 2002
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The Council informed Taufen to contact the sprinkler system company and move forward as he I
recommends. :
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Maintenance Facilitv _ Storaoe of Eouipment: Taufen re~~~~dfhe Legion has notified the City that the 1
former Stueve's Garage building will be demolished in the beginning of October and the City will need to
move the equipment stored inside. Taufen stated that he contacted Hettwer Reality regarding the I
possible leasing a portion of the former Schroeder Sports facility but it would cost prohibitive and they are
requesting a long term lease. I
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Ehlert questioned if there is available space at the Fire Hire for temporary storage. The maintenance
facility bids are scheduled to be opened on September 16, 2002 with construction beginning on
September 23. Therefore the City would need temporary storage for two or three months. Loso ¡
suggested using the former fire hall for storage temporarily. The Council requested Taufen meet with the
Police Chief and Fire Chief to see if they have any open areas that could be used for temporary storage.
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Administrator Reports
Chamber Dues: Weyrens stated the City has received the annual dues notice for the SI. Cioud Chamber
of Commerce and questioned if the Council is intending to renew their membership for the year 2003. i
Hosch requested the Council not take action on this matter until he has an opportunity to meet with the
SI. Cloud Chamber President.
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Affordable HousinQ: Weyrens reported the City received a response from the SI. Cloud City Attorney I
regarding the proposed Affordable Housing Ordinance. The drafting committee has meet since the
response from the SI. Cloud City Attorney and have prepared a second draft. This matter will be coming
back to the Council shortly for review and comment. I 1
2002 Proposed Budaet: Weyrens requested the Council establish a meeting to finalize the proposed i
budget for 2003. The Council established Monday September 10, 2002 at 4:30 PM as a special meeting
to finalize the 2003 proposed budget.
Adiourn: Loso made a motion to adjourn at 9:15 PM; seconded by Ehlert and passed
unanimously.
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