HomeMy WebLinkAbout2002 [10] Oct 17
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October 17, 2002
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Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular sessi~n
on Thursday, October 17, 2002 at 7:00 PM in the SI. Joseph City Hall. i I
Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, AI Rassier, Kyle Schneide~. '
Administrator Judy Weyrens. 1
City Representatives Present: City Attorney John Scherer, City Engineer Joe Bettendorf.
Others Present: Julie Peters, Joanne Dorsher, Dale Wick, Bernice Burns, Mary Howard. ,
Approve Aoenda: Ehlert made a motion to approve the agenda with the deletion of 8) Spring Gr~en
Site Plan Approval and the addition of 3(g) Exemption for Lawful Gambling for the Jaycees for an
event to be held on November 30, 2002. The motion was seconded by Schneider and passed
unanimously.
Consent Aoenda: Rassier made a motion to approve the consent agenda as follows:
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d.
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f.
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Bills Payable - Approve check numbers 31880-31952 ,
Minutes - Approve the minutes of October 3, 2002 ¡
Maintenance Worker Position: Authorize the advertisement for the hiring of a Maintenance I
Worker and adopt the hiring schedule as presented í I
Lot Split Request - Authorize the lot split request of Schroeder Sports to subdivide Lot 2 Block 1
TJ Addition. 'I
Manufacturer's Week - Proclaim October 21 - October 25 as St. Joseph Manufacturing and
Technology Week. :
AFSCME Labor Contract: Authorize the Mayor and Administrator IClerk to execute the labor
agreement and Memorandum of Understanding for the AFSCME Labor contract for the period 2003
- 2004. I
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Exemption from Lawful Gambling for the Jaycees for a benefit to be held on November
30, 2002 at the EI Paso. ¡
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Discussion: The Council requested that the job description for the new maintenance
worker reflect the needs of today and the future.
The motion was seconded by Schneider and passed unanimously.
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2002 Business Park Imorovements Assessment Hearino: Mayor Hosch opened the hearing at 7:05 PM
and stated the purpose of the hearing is consider adoption of the proposed assessment for the making of
an improvement of water, sewer, streets, curb and gutter on 1S'h Avenue NE and Elm Street East. I
City Engineer Joe Bettendorf stated the improvements have been completed an~ Vie West will be I
connecting to services within the near future. The completion of the 2002 Business Park Improvements
finalizes the improvements to the entire park and all remaining lots can be serviced with water and sewer.
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Ehlert questioned if the EDA has completed a study regarding the investment of infrastructure versus the
tax revenue created in the SI. Joseph Business Park. Loso stated that annually the EDA will prepare a
report illustrating the additional tax revenue generated by expanding or new business ventures. '
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Ehlert questioned if the projected interest rate of 6% is accurate based on the low bonding costs. i
Weyrens stated that the interest rate proposed for the assessments is based on the recommendation 6f
Bond Counsel and the financing, including the annual levy, has been based on the 6% interest rate. I
Ehlert stated that the land owner of the SI. Joseph Business Park has made a considerable investment in
the community and the interest rate being charged on the assessments should reflect the low bond 1
interest rate received by the City. Weyrens stated that the financing for the 2002 Business Park ,
Improvement is part of a larger bond issue that includes all the 2002 Street Improvement Projects.
Therefore, adjusting the interest rate would require adjustments to the rates for all projects, not just the
Business Park project. i
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October 17, 2002
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loso made a motion to adopt resolution 2002-_ Adopting the Assessments for the 2002
Business Park Improvement. The motion was seconded by Ehlert.
Discussion: The Council agreed to review the interest rate at a future meeting and witt reduce the
interest rate if possible.
Resolution 2002-_
Resolution Adopting Assessment
2002 Business Park Improvements
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the pro~osed assessment for the making of an improvement of water,
sewer, streets, curb and gutter on 15 Avenue NE and Elm Street East in the Sl Joseph Business Park.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of 15
years, the first of the installments to be payable on or before the first Monday in January 2003,
and shall bear interest at the rate of six percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 2003. To each subsequent installment when
due shall be added interest for one year on all unpaid installments.
3.
The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, pay the whole of the assessment on such propl~rty, with interest accrued to
the date of payment, to the city treasurer, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution; and he may. at any time
thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment iis made. Such payment must
be made before November 15 or interest will be charged through Delrember 31 of the next
succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to
be extended on the property tax lists of the county. Such assessments shall be collected and paid
over in the same manner as other municipal taxes.
Councilor Schneider stepped down from his chair at 7:15 PM.
City Attorney Reports
Ordinance 71 - Liouor. Proposed Amendment: City Attorney John Scherer presented the Council with a
proposed amendment to Ordinance 71. Scherer stated that the amendment is needed as a result of the
annexation of the Del Win. Due to the nature of some of the entertainment at the Del Win, minors
frequent the establishment. The current City Ordinance does not include a provision allowing minors in a
liquor establishment for the purpose of viewing entertainment.
Scherer stated that he has been working with the Police Chief to amend the Ordinance allowing minors to
continue patronizing the Del Win and allow alcohol to be sold as well. The proposed amendment would
require that all alcohol be sold in a designated area that would be gated and staffed. Minors would not be
allowed into that area and alcohol could not be taken out of the area as well.
Loso questioned Scherer if the Ordinance could be amended to allow bistros to operate within the City.
Loso stated that he has been approached by a liquor license holder questioning if tables could be placed
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October 17, ;1002
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outside for dining. The outside dining would then include alcohol sales. Scherer stated that a bistro
provision could be added to the current Ordinances; but it wóuld not be part of the same Ordinance
before them at this meeting.
Hosch stated that he would like additional time to review the proposed amendment. Scherer stated that
the only change in the Ordinance are the definitions included in Subdivision 1 (d). The Council agreed 'to
table this matter to a future meeting. I
Schneider resumed his chair. '
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Ordinance Amendment. Junk Car: Scherer reported that the Police Chief has requested the Ordinande
regulating Junk Cars be amended to include stronger enforcement provisions. Scherer reported the
proposed amendment revises the definitions and defines a junk car as one that is not licensed. Loso
stated that he objects to the term junk car and requested that different language be included in the
revised Ordinance. He further stated that a car that is not licensed is not necessarily considered an
inoperable vehicle. Residents may choose to leave a vehicle unlicensed for a period of time and are
choosing to store the vehicle on their property. The Council agreed to review the proposed amendment
and discuss the proposal at a future meeting. I
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Eminent Domain Proceedinos: Scherer reported that the required paperwork has been filed with the I
court system regarding the eminent domain proceedings for the taking of property for Field and Callaway
Streets. The attorney for the College of SI. Benedict has requested a full day hearing and the hearing ¡
has been scheduled for December 19, 2002. Scherer stated he is still hopeful that an agreement can be
reached between the City and College of SI. Benedict prior to that time. I
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City Engineer Reports I
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ParkinQ Lot Improvements: City Engineer Joe Bettendorf stated that he has not completed the review lof
the parking lots being requested to be paved and should have a report for the November 7, 2002 !
meeting.
Sidewalk Minnesota Street and Colleoe Avenue North: Bettendorf stated that he has reviewed the i
sidewalk in question that was installed on the northwest corner of Minnesota Street and College Avenue
North. In meeting with County representatives, it was agreed that the section of sidewalk infront of Paþa
Guiseppe's, (that portion facing Minnesota Street), would be removed and reinstalled to reduce the I
percentage of slope. As far as the remaining sidewalk, it has been recommended to leave it in as
constructed and see if it causes any problems this winter. The recommendation to wait one year is based
on the fact that to correct the sidewalk on College Avenue will be difficult, and an inside curb abutting the
buildings may be necessary. '
Hosch questioned the liability that will be assumed by the City if the sidewalk is not replaced. Minimally
he would like an assurance from the County that they will assume any liability. Loso stated he objects ~o
replacement solely based upon reaction to injuries received. Ehlert concurred with Loso and stated thåt
the City should not have to accept the sidewalk as it is currently constructed. He too would like an
assurance from the County that they will assume liability if the sidewalk is not corrected. Bettendorf
agreed to relay the concerns of the City regarding the sidewalk to Stearns County Officials.
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2002 Interior Street Proiect Chanoe Order NO.3: Bettendorf presented the Council with Change Order
NO.3 for the 2002 Interior Street Project. The change order would increase the utility piping in the ;
business district. The net impact of the change order is an increase in contract price of $ 9,185.00. The
Council questioned what area of the project is affected by the proposed change order. Bettendorf stated
that he does not have that information available at this time but will forward it to them. Bettendorf stated
that upsizing of piping will not affect the property owner, as it has been the policy of the City to assess
residential property owners the cost of a standard one inch service. The cost of the oversizing will be
borne by the developer at the time the larger pipes are needed.
October 17, 2002
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Rassier made a motion to recommend authorizing the Mayor to execute Change Order No.3 for
the 2002 Interior Street Project increasing the piping in a portion of the General Business District.
The motion was seconded by Loso and passed unanimously.
Proiect Updates
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-7 County Road 121: The pipe work is almost complete and paving should begin shortly. The lift station
panels have not arrived and the contractor has indicated it may take fIVe to six weeks before they
arrive. Bettendorf stated that he will look for alternative methods for temporary sewer connection.
-7 Interior Streets: The project area should be complete this fall with only the final wear course
remaining for completion in 2003.
Kim Jensen. Special Use Reauesl. Rental in a R1 Zonino District: Kim Jensen of 620 Hackberry Drive
appeared before the Council requesting issuance of a Special Use Permit to allow an owner occupied
rental unit in a R1, Single Family Zoning District. Rassier reported that a public hearing was conducted
on October 7,2002 and the Planning Commission recommended the Council issue a Special Use Permit.
During the public hearing it was discovered that Jensen is currentiy renting to three persons, one more
than allowed under the definition of a family. The recommendation of the Planning Commission includes
a provision that Jensen be required to reduce the total number of renters to tvIro within a time frame to be
determined by the Council.
Ehlert questioned Jensen as to the numbers of tenants currentiy IMng at the address stated above. and if
she would be agreeable to reducing the number of tenants. Jensen responde.'<! that she does currentiy
have three renters with a lease that nuns through August of 2003. At the end of the lease period she
would be willing to reduce the number of tenants to two.
Hosch made a motion accepting Resolution PC2002-_ issuing a Speciall Use Permit to Kim
Jensen allowing an owner occupied rental unit at 620 Hackberry Drive.
RESOLUTION PC-2002-
ST. JOSEPH PLANNING COMMISSION
RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT FOR KIM JENSEN ALLOWING AN
OWNER OCCUPIED RENTAL IN A R1-SINGLE FAMILY ZONING DISTRICT
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WHEREAS, Kim Jensen of 620 Hackberry Drive has submitted a request for a special use permit to allow
an owner occupied rental unit in an R-1, Single Family Zoning District; and
WHEREAS SI. Joseph Code of Ordinances 52.17. subd 3 (I) allows a special use permit as follows:
Residential rental if owner occupied. For purposes of establishing if the proplarty is owner occupied, the
owner must be a natural person and the owner occupying the property as his or her principal residence
must own fifity percent (50%) or greater interest in the property;
and
WHEREAS, the applicant has submitted required site plan and building plans for review; and
WHEREAS, Section 52.9 of the Zoning Ordinance outiines requirements for tche issuance of a special use
permit; and
WHEREAS, the Pianning Commission has reviewed the special use request..
NOW, THEREFORE, BE IT RESOLVED BY THE ST. JOSEPH PLANNING COMMISSION THAT: The I
Planning Commission does hereby recommend the City Council of the City of SI. Joseph approve the
special use permit for Kim Jensen to allow a rental unit in a R1 Single Family Zoning District with the
following contingency:
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October 17, 2002
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1. Within a time frame to be determined by the City Council, the property meets the
definition of a family; no more than twó renters reside at the property.
2. The property owner compiete the rental license process including inspection.
The motion was seconded by Ehlert and passed unanimously.
Resource for Responsibilitv: Julie K. Peters representing Resource for Responsibility, the Citizen
Advocacy Committee for the proposed District 742 Levy, appeared before the Council requesting City
support of the proposed District 742 Tax Levy. Peters presented the Council with a proposed resolution
recognizing the need for the levy and requesting the residents of District 742 approve the proposed levy.
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Hosch stated that while he supports the efforts of the Advocacy Committee, he does not feei it is I
appropriate for the City Council to pass a resolution instructing the residents how to vote. Hosch and i
Ehlert commended the Committee for their efforts in educating the public on the proposed tax levy. Ehlert
stated that he is support of the levy and the resolution presented by the Committee but concurs with I
Hosch. The Council agreed the resolution presented at this meeting could be adopted if the sentence; is
removed requesting the taxpayers to vote for the proposed levy. 'I
Rassier concurred with Hosch and Ehlert and made a motion adopting Resolution 2002-_,
Supporting the efforts of the Citizens Advocacy Committee. The motion was seconded by Lalla
and passed unanimously. I
Resolution 2002-_
Supporting the Efforts of the Citizens Advocacy Committee
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WHEREAS, the mission of District 742 is to prepare all learners, in partnership with their families and Ihe
community, to live and contribute within a changing and diverse world; and
WHEREAS, the accomplishment of District 742's mission is critical to an economically vital, safe, and
stable community; and
WHEREAS, in November, 2001, District 742 was forced to make $6.7 million in cuts to programs and
services due to loss of the proposed levy, inadequate state funding and funding shifts, inflationary costs,
and declining enrollment; and ¡
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WHEREAS, as a result of the loss of resources in November, 2001, District 742 cannot accomplish its
mission; and I
WHEREAS, the Citizens Advocacy Committee is asking the residents of District 742 to approve a levy
request of $4.5 million to assist in providing resources for District 742 to accomplish its mission; i
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THEREFORE BE IT RESOLVED THAT the City Council of SI. Joseph supports the efforts of District 742
to continue and accomplish its mission. i
Mayor Reports
SI. Cloud Partnership: Hosch stated that he and Loso met with the President of the SI. Cloud Partner~hip
informing him that the City of SI. Joseph is declining membership in 2003. Hosch stated that he and l'.oso
discussed the budget constraints as well as some of the concerns during the past years as a membe~.
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Council Reports
SCHNEIDER - No report.
October 17, 2002
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EHLERT
Street Beautification: Ehlert stated the Street Beautification Committee has ml~t to finalize the plans and
contributions received/pledged. Ehlert stated the Committee also discussed constructing a
commemorative monument that will include the names of the persons/groups contributing to the project.
It is proposed to have the monument placed on the south west corner of Colle¡Je Avenue South. Ehlert
stated it is his opinion that since the funds have all been donated for the lights and paving stones. the City
shouid bear the cost of the monument. Ehlert stated he will report back to the Council as information is
available.
RASSIER
Plannino Commission: Rassier reported the Planning Commission is continuing to review the draft
chapters of the Comprehensive Plan and proposed amendments to the Zoning Ordinance.
LOSO - No report.
Administrator Reports
Northland Securities: Weyrens reported that the Public Finance Division of Juran and Moody has formed
a new company titled Northland Securities. At this time Weyrens is requesting the Council to designate
Northland Securities as an official depository of the City and to transfer the investment portfolio from
Juran and Moody to Northland Securities.
Rassier and Ehlert stated that they would like more information on the new company and if the fees for
bond service will be reduced. Weyrens stated that at this time she is only requesting to transfer
investment activity to Northland Securities. Ehlert stated that he would like the investment committee to
review the matter and forward a recommendation to the City Council.
Weyrens requested the Council authorize Northland Security as an official depository so that they may be
contacted for investment rates. Ehlert questioned the benefit of doing such and if it is cumbersome to
have numerous depositories. Weyrens stated that when investments are eligible for reinvestment there is
an advantage to requesting rates from various institutions, as the rates can VElry by as much as a quarter
of one percent.
Hosch made a motion designating Northland Securities as an official de;pository of the City;
seconded by Ehlert and passed unanimously.
Indian Hills Roadwav Easement: Weyrens reported that the rights for the easement included in the
Indian Hills Developer's Agreement for an eastlwest corridor expire in November. If the City intends to
construct the road, the developer must be notified and the plans must be designed for construction. The
Council was in agreement to allow the easement rights to expire at this time.
WobeQon Trail: Ehlert requested the Council establish a meeting to discuss the November 5, 2002
Stearns County public hearing regarding snowmobile use on the Wobegon Trail. The 'Council agreed to
meet at 6:30 PM on October 29, 2002.
Adiourn: Rassier made a motion to adjourn at 8:40 PM; seconded by Schneider and passed
unanimously.
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J Weyrens
inistrator / Clerk
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