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HomeMy WebLinkAbout04-19-07 April 19, 2007 Page 1 of 9 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 19, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Steve Frank, Renee Symanietz City Administrator Judy Weyrens Citv Representatives Present: City Engineer Tracy Ekola, Public Works Director Dick Taufen Others Present: Tom Wicks, Janice Wilson, Jeri Bechtold, S. Margaret Wurm, S. Kara Hennes. Approve Aaenda: Symanietz made a motion to approve the agenda with the following additions: Add 12h Non-Intoxicating Liquor License for the Local Blend The motion was seconded by Rassier and passed unanimously. Consent Aaenda: Symanietz made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 038672 - 038749. b. Donation of Bikes - Declare the bikes as surplus property and allow the Big Brothers/Big Sisters to take possession of the bikes. c. Van Donation - Accept the donation of the 1998 Pontiac Trans Sport Van from the Metro Citizens Police Academy Alumni Association to replace the current K-car. d. Development Plan - Authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Scherer Trucking for the construction of an addition to the existing offices. e. Side and Year Yard Variance - Accept the facts of finding of the Planning commission granting Bill and Sally Lorentz, 40 - 5th Avenue NW, a 19 foot rear yard setback and an eight (8) foot side yard variance. f. Well Maintenance - Accept the quote from Traut Well for Maintenance on Well NO.5 in the amount of $3,705.00. g. Sewer Use Ordinance - Authorize the Mayor and Administrator to execute the Amendment to Ordinance 42, Sewer Use and causing the same to be published. The motion was seconded by Rassier and passed unanimously. Public Comments to the Aaenda: No one present wished to speak. Outdoor Liauor Event. Sal's Bar - Mav 11. 2007: Weyrens stated that the recently amended Liquor Ordinance allows each license establishment to hold one outdoor event per license year past 9:30 PM. The new Ordinance includes a provision whereby the Council conducts a public hearing for such events and the property owners within 350 feet are notified. The hearing at this meeting satisfies the requirement. Jodi Terhaar, Dean of Students at College of St. Benedict, approached the Councilors on behalf of the College of St. Benedict and St. John's University. She stated that the last day of classes is May 11 and graduation is scheduled for the 1ih at the College of St. Benedict and the 13th at St. John's University. According to Terhaar, representatives from the College as well as the City have met and discussed the events that generally take place after classes are done for the year. Under the advice of the Police Chief and the City representatives, it would be best for an event to be planned at a safe location for students to say their good byes rather than crowding in the streets. They have worked with Sal's bar to use an area to the west of Sal's for such. It is proposed to fence an area that will be used as a beer garden until midnight. After midnight beer can only be sold inside the establishment, but can be consumed in the fenced area. April 19, 2007 Page 2 of 9 After 1AM the students will be allowed to stay in the area and the CSB and SJU will provide free pop and pizza. Terhaar added that the Student Senates are responsible for the event and will provide additional security as required by the Police Chief. Symanietz questioned the hours of the event. According to Kyle Schneider, Sal's Bar, the event will run from 9PM to 2:30AM. Rassier stated that the purpose of the event is to keep the students from crowding on College Avenue, but he was curious as to how those students from off-campus parties and other establishments will be gathered to Sal's. Carlbom stated that the Police will try to move the students to the designated area; however, they will be patrolling the whole City in the event that not all students attend the planned event. Rassier advised Schneider that by holding this event, they are using up their one event for the license year. At this time Mayor Carlbom opened the Public Hearing. S. Margaret Wurm, Sf. Benedict Monastery, approached the Councilors to speak regarding the proposed Outdoor Event. She stated that they are the closest neighbor to the proposed event and that they had some concerns regarding the noise and trash. She also questioned the possibility of moving the bus site to a different location to avoid having the students gather in front of the monastery. According to Wurm, they never received notice of the event. Weyrens advised her and the Councilors that a notice was sent to 104 Chapel Lane. Terhaar added that they are working on securing a better location for the buses to pick up the students after the event. Patrick Wadron, Sf. Cloud State University, spoke to the Councilors stating that the event should be approved, as the students deserve on last night of fun before graduation. Wick made a motion to close the Public Hearing at 7:15 PM; seconded by Symanietz and passed unanimously. From a staff perspective, Weyrens stated that they have provided all necessary information. Rassier stated that this type of event would fit with the new Ordinances. In his opinion, Rassier stated that the bus issue is the biggest issue and should be addressed. He added that it is a good thing to keep this event in a contained area rather than in the streets. Frank made a motion to issue a temporary Outside Liquor Permit to Sal's Bar for an event to be held on May 11, 2007 between the hours of 9:00 PM and Midnight. Outdoor liquor Event. Church of St. Joseph - Julv 3. 2007: Rick Schwegel approached the Council on behalf of the Event Committee for the 4tn of July. He stated that they will use the same format as last year with the event starting on the 3rd at 6:00 PM with the outdoor concert and the parade and bazaar on the 4th. The first band is scheduled for 7:00 PM; however, there may be another band prior beginning at 6:00 PM. According to Schwegel, they will be raffling off a Harley Davidson motorcycle this year as well. Bobby Vee is planning to perform from 9:00 PM - 10:15 PM, at which time there will be a short fireworks display. The last band of the evening will begin at approximately 10:30 PM. Similar to last year, the 4th of July Committee will contact the individual residents in the immediate neighborhood to offer them a hotel for the evening if they prefer. Schwegel stated that the area serving beer will be fenced in and monitored. There will be St. Joseph Officers present as well as a few Stearns County Sheriff Deputies and Church Security. He added that he will be the contact person for the event and all security people will have a phone number at which they can reach him. There were some questions relating to the alleys. Schwegel stated that the East-West Alley will remain open; however the North-South Alley will be fenced similar to last year. Weyrens stated that she received a call from one of the residents that abuts the alley and they had some concerns with the way the security fence was installed last year. They requested that the fence not block the alley as residents were walking around the fence and in front of his windows throughout the evening. Rassier stated that there should be security in this area throughout the evening to avoid such an issue. April 19, 2007 Page 3 of9 Carlbom opened the public hearing and no one present wished to speak regarding the proposed event. Symanietz made a motion to close the Public Hearing at 7:25 PM. The motion was seconded by Wick and passed unanimously. Wick clarified that the event is scheduled to start at 6:00 PM. Carlbom advised Schwegel that they cannot begin to sell beer until 6:00 PM. Weyrens added that they will need a separate Outdoor liquor permit for the 4th. Frank made a motion to issue a Temporary Outside Liquor Permit to St. Joseph's Church for an event to be held on July 3, 2007 between the hours of 6:00 PM and Midnight with the understanding that the fencing on the north/south alley will be placed on the property owned by the parish (western edge). The motion was seconded by Rassier and passed unanimously. Preliminarv/Final Plat - La Plavette: Weyrens advised the Council that in April the Planning Commission reviewed the Preliminary Plat for the La Playette and recommended City Council approval of the plat as well. Mark Zimmer approached the Councilors on behalf of the La Playette. He stated that he is planning to sell the back 1/3 of his building for use as another restaurant. When questioned about the awning on the building, Zimmer advised the Council that the awning may be partially removed except for the area above the doorway, but he does plan to replace the facade. He was unsure as to what the new owner was planning to do on the front of his portion of the building. On behalf of the Planning Commission, Rassier stated that there were some questions relating to whether or not there are two separate sewer services available to the property. According to Weyrens and Zimmer, they were able to locate another sewer line so both businesses will have their own service. Rassier added that parking was another concern of the Planning Commission. Based on review of City Ordinances and past Council discussions, he advised the Council that they cannot require Zimmer to provide any additional parking spaces as they are not changing the use of the building. Frank questioned how the sale of this portion of the La Playette will fit with the development to the East. Weyrens stated that Collegeville Development Group plans to break ground in May. Once the Millstream Shops and Lofts are complete, then the alley will be paved. Zimmer added that they plan to execute the Purchase Agreement in mid-May. Symanietz made a motion to accept the recommendations of the Planning Commission and approve the preliminary and final plat entitled La Playette with the following contingencies: · Parking lot must be curbed, tarred and stripped. · Site Plan approval does not include any rights for leasing of office space. · Parking spaces for Teli's Pizza must be designated · Separate Utility Connections for water and sewer must be installed · Submittal of Final Plat Documents including CIC Documents. The motion was seconded by Frank and passed unanimously. St. Cloud Bovs and Girls Club. 2007 Summer Recreation: Tom Wicks and Jeri Bechtold approached the Councilors to discuss the possible summer recreation program for 2007. Based on the budget information provided to the Council, Wick questioned whether or not the numbers were specific to summer recreation or if they included the Kidstop program as well. Wicks advised him that the numbers were only for the summer recreation portion. Carlbom questioned the shortfall of $5,000 based on a fee of $50-$60. According to Wicks, that shortfall would be recouped through City and Township contributions. As co- chair of the recreation committee, Frank stated that St. Wendel has not paid anything in the past towards summer recreation and there is no guarantee that they will pay anything this year. He added that a majority of the children involved in the summer recreation program are from Pleasant Acres which is in St. April 19, 2007 Page 4 of 9 Wendel. Carlbom advised the Council that the Boys and Girls Club will bear the costs for the St. Wendel residents. Bechtold stated that the City has seen a decrease in participation as the registration should be out to parents in January. Many parents have registered their children in alternative programs such as the Waite Babe Ruth and St. Cloud Soccer. Bechtold is confident that with some of the contacts with the volunteers the program will see increased attendance in 2007. Wicks stated that another reason for the shortfall is that expenses have increased as well as staff wages. Carlbom questioned whether they believe they can get 70 children enrolled in the program since they are 4 months behind schedule. Wick questioned whether or not it would be possible to re-structure the program a little bit to decrease costs and shorten some of the programs. Wicks stated that it is possible to look at shortening the programs offered. Carlbom stated that, in his opinion, the Boys and Girls Club do a good job throughout Central Minnesota and they fill a gap in St. Joseph. He commented on the number of older children who participate in the program as mentors. According to Carlbom, their presence in St. Joseph is positive and it is the responsibility of the City to offer these types of programs to residents. Frank made a motion to authorize the expenditure of up to $4,000 for the 2007 Summer Recreation Program. The motion was seconded by Wick and passed unanimously. CITY ENGINEER REPORTS State Aid Mileaae Desianation: Ekola advised the Council that once the City reached a population of 5,000, it became eligible for Minnesota State Aid Funds through MN Dot. She stated that in order to designate a street or portion of the street to the MSA network, the street must be a Collector Road, Arterial Road or a street that receives heavier traffic than normal. Due to increased population, the City now has the ability to add more miles to the network. She added that in the past, the City has used these funds for projects along Minnesota Street and College Avenue (CR121). After reviewing this with the Public Works Director, Ekola stated that they recommend the following roads to be added to the network: · Baker Street E from 2nd Avenue E to th Avenue E 0.35 miles · 2nd Avenue SE from Minnesota Street E (CR134) to Baker Street E · 4th Avenue SE from Minnesota Street E (CR134) to Baker Street E 0.17 miles 0.19 miles Rassier questioned whether or not the MSA roads can be re-designated at a later date. Ekola replied that they can shift designation; however, if there has already been money spent on that road that money would need to be credited back to the State for future projects. She added that to designate a road, it must start and end at a County or State Aid Route. Wick questioned the classification of the roads used by Ekola. He stated that while the Council has adopted the Transportation Plan for staff use, the Comprehensive Plan has not been amended to reflect such. Therefore he questioned the appropriateness of labeling the roads for MSA purposes. Ekola responded that for MSA purposes the official classification is not as important as to how the road functions. Symanietz made a motion to authorize the Mayor and Administrator to execute Resolution 2007- 014 designating MSA funds and authorizing the same to be certified with the Minnesota Commissioner of Transportation. The motion was seconded by Rassier and passed unanimously. Jade Road Improvements. Advertisement for Bids: Ekola stated that the 2007 Jade Road Improvement Project includes the truck, water and sewer main improvements, trail improvements and Jade Road relocation to the new school site as well as the turn lanes at Iverson Street. She stated that the proposed schedule is as follows: April 19, 2007 Page 5 of 9 Advertisement for Bids Bid Date Assessment Hearing Substantial Completion Final Completion April 30 and May 7,2007 May 22, 2007 October 2007 October 6, 2007 July 2008 She stated that the assessments will be paid by the Developer and the School. Ekola stated that the School District has requested the City construct the private improvements as part of the improvement project. The additional costs will be added to the assessment for District 742. The costs for the construction of the Iverson Turn lanes will be carried by the City of St. Joseph and reimbursed at some time in the future through a "Charge in Lieu of Assessment". Wick made a motion to adopt Resolution 2007-015 Approving the Plans and Specifications and Ordering the Advertisement for Bids for the 2007 Jade Road Improvements. The motion was seconded by Rassier and passed unanimously. MAYOR REPORTS APO: Carlbom reported that there will be a Transportation Debate at the State Capital regarding a 10- cent gas tax increase. He stated that it is important to St. Joseph that this increase be approved as it affects many of the organizations that St. Joseph is a part of. New School: According to Carlbom, the School District will have their groundbreaking ceremony for the new pre-K - 8 school on May 3 at 1 :00 PM. COUNCIL REPORTS SYMANIETZ St. Cloud Area Economic Develooment Partnershio: Symanietz reported that she attended the meeting of the St. Cloud Area Economic Development Partnership. They are requesting that St. Cloud State University hold a class offering a regulatory affairs masters degree program for BioScience. LMC Plannina Committee: Symanietz advised the Council that she LMC Planning Committee meet for the annual League Conference. The annual conference is scheduled for June and will be held in Duluth. Animal Walkina: Symanietz encouraged residents walking their dogs to be respectful and pickup after their dog. WICK Park Board: Wick advised the Council that the Park Board changed their meeting date to the 4th Monday of the month. He also reported that the cabinets are in at Centennial Park and the ceiling grids lines are hung. There are still some fixtures that need to be hung as well as some final touchups. According to Wick, the painting is scheduled for Monday the 23rd. Downtown Committee: On behalf of the Urban Environment Group, Wick reported that they have been working on their first draft of the design standards for the Downtown project. He also added that the Promotions Group has been working hard to promote the events that will be happening Downtown St. Joseph. RASSIER April 19, 2007 Page 6 of 9 Planninq Commission Update: Rassier stated that the Planning Commission has reviewed a few different development plans. He reported that the Collegeville Development Group will be presenting their plans very soon. They have also discussed plans such as that of the Office Addition to Scherer Trucking. Recreation Committees: Rassier encouraged the committee reviewing recreation to consider the implications and opportunities of combing the Park Board and Recreation Association. FRANK Rec Committee: Frank advised the Council that the Rec Committee had their first meeting and their next meeting is scheduled for May 9 at 7:00 PM. He stated that this will be a short term committee as they plan to get their work done in about two months. ADMINISTRATOR REPORTS Affordable Housino: Previously, the Council was asked to consider the conversion of Life Cycle housing to a Community Land Trust. Weyrens stated that it appears very questionable as to whether or not this type of change should be an amendment to the Joint Powers Agreement. She suggested that this be sent back to the Joint Powers Board for recommendation. Symanietz, the Council Liaison, stated that though there are some benefits to the change, there are a lot of criteria and stipulations that must be met in order to qualify. Weyrens suggested that a letter be sent on behalf of St. Joseph requesting that the Joint Powers Board review the JPA to determine if the proposed change requires an amendment. Carlbom agreed with Weyrens as there are other Cities who have the same concerns regarding the change. Wick made a motion to authorize the Administrator to send a letter to the Central Minnesota Housing Board requesting that they review the JPA to determine if the conversion to a Community land Trust requires an official amendment. The motion was seconded by Frank and passed unanimously. District 742 Plat Update: Weyrens stated that the staff is continuing to work on District 742 on the final documents for the development plan and Plat entitled Rivers Bend District 742. She stated that there are some potential issues with the Sauk River Watershed District and if they are not resolved Arcon Development may not be willing to extend the water and sewer. To help facilitate the permitting process Weyrens stated that she and Wick attended the Stearns County Commissioners meeting to discuss the frustration with the permitting process of the Sauk River Watershed District. While it appears as the matter may be resolved Weyrens stated that she and Carlbom will be attending the Watershed Meeting on May 1, 2007 to prevent any future delays in the permitting process. According to Carlbom, many issues created miscommunications with the Watershed District. Weyrens stated that the ground breaking is still scheduled for May 3,2007. That same evening it is anticipated that the City Council will approve the final documents for District 742 so the school project can commence. The Building Permit process is also underway and is in the process of receiving State approval. Compost Area: Weyrens stated that previously there had been a request for the Council to waive the compost fee for Senior Citizens. Weyrens stated that in reviewing the request for subsidy, it is the recommendation of staff to deny the request. Currently Senior Citizens receive subsidized refuse with the City discounting the rate 50%. The remaining residents pay the subsidy through higher refuse rates. If the compost fee is reduced the same residents will be asked to subsidize another fee that is managed through the same fund. In checking with the area Cities, Weyrens stated that St. Joseph is the only City that offers a senior rate for refuse. In addition Weyrens stated that the fee charged for the compost sticker is low compared to the surrounding Cities. Rassier stated that the City is not charge more than the cost to operate the compost area and agrees with the denial of the subsidy request. Rassier made a motion to establish a compost fee of $15.00 with no senior citizen discount. The motion was seconded by Wick and passed unanimously. April 19, 2007 Page 7 of 9 Public Works Director Dick Taufen stated that the compost area will on April 23, 2007 with the same schedule as in the past - Wednesdays and Fridays 4 - 8:00 or dark which ever is first and Saturdays between 9:00 AM and 1 :00 PM. ReQuest to License Five DOQs: Weyrens advised the Council that she has received a request from a future property owner to license five (5) dogs. The current City's Ordinance only allows for two dogs per household. The request came from a property owner who is looking to purchase a home in Northland Heights. Weyrens stated that if the Council would like to approve the licensing of all five dogs, she would suggest that the City contact the current City where he resides to see if there had been any problems with the dogs in the past. Carlbom questioned whether the City has any liability for residents having dogs. According to Weyrens, we require the rabies vaccination in order to get a license. Frank stated that due to the fact that the Ordinance only allows for two dogs to be licensed, he suggested that if the Council approves the licensing of five dogs that there is a stipulation that they cannot replace the dogs once they are gone. Wick questioned a part of the email which states that two of the dogs were acquired due to medical issues in the family and whether or not they will be there permanently. According to Weyrens, it seems as if they adopted the additional dogs. Frank made a motion to allow the licensing of all five dogs with the understanding that the dogs cannot be replaced and the City would review the licenses annually. The motion was seconded by Wick. Discussion: Rassier stated that he is of the position that the license should be denied as the City should stick to the current Ordinances. Ayes: Carlbom, Frank Nays: Rassier, Wick, Symanietz Motion Fails 2:3:0 Scherer Addition PlattinQ: Weyrens stated that previously the Council approved the execution of a Development Agreement between the City of St. Joseph and Scherer Trucking. The agreement authorized the construction of an addition to the existing office. One of the requirements of the Agreement was the platting of the Scherer property. We~rens suggested the City plat the surrounding property as the properties have been subdivided and 1i Avenue has since been constructed. The City owns a large portion of the affected property. If only the City and Scherer property were platted, their would be two only two abutting properties not platted. Therefore Weyrens requested that the City initiate the platting process to include the following properties: Scherer Trucking, City of St. Joseph, Ron Molus and Harvey Reber. Weyrens stated that she has talked to all the affected property owners and they are agreeable to the platting. The cost of platting will be borne by Scherer Trucking and the City of St. Joseph with the apportionment based on acreage. Weyrens stated that the anticipated platting cost of between $ 3,000 and $ 5,000. Ekola stated that when platting metes and bounds described property the cost varies as sometimes boundary line disputes arise as a result of overlapping property lines. Frank questioned whether they will need to do more landscaping based on Ordinances when adding on to the Office Space. Rassier stated that only new developments have to submit a landscaping plan. Weyrens advised the Council that when the renters move out of the home that is currently being used as a rental, they plan to remove the house and replace it with green space. Wick made a motion to authorize the expenditure of up to $2,500 to plat the property owned by Scherer Trucking, the City of St. Joseph, Harvey Reber and Ron Molus with the cost split between the City of St. Joseph and Scherer Trucking. The motion was seconded by Symanietz and passed unanimously. Meterina System: Weyrens reported that the City is currently using a manual metering system which includes reading the water meters by hand. The City is looking to convert from a manual method to an April 19, 2007 Page 8 of 9 automatic method. By updating the meters, this would allow for the City to keep better track of the meter history and help detect leaks. This would also be helpful for reporting purposes. The total cost to convert from the manual to automatic metering system is approximately $324,000. Software Installation Meters $ 18,000 $ 60,000 $247,000 Weyrens stated that this change could be funded through the water fund and user fees. She suggested that the City complete the conversion over a two-year period with half of the City one year and the other half the next year. New homes, on the other hand, would be given the new meters right away regardless of their location. Carlbom questioned Weyrens as to if there would be any cost savings to converting to the new system. Weyrens stated that it takes 4 maintenance workers approximately 3 days each to read the meters and then it takes administration approximately 20 hours to generate the bills. With the automatic metering option, it would reduce the staffing to one maintenance worker reading the meters for one day and approximately 10 hours of administration time. She added that the meters would last about 20 years. Frank questioned who currently pays for the meters and who would pay for the new meters. Currently, if a meter is replaced, the homeowner is responsible for the cost of the meter which is $100. The new meters would be paid for by the City; however, the homeowner would pay for any replacements. Carlbom was concerned as to whether or not the homeowner is responsible for replacing a meter that is defective. Taufen stated that generally there are warranties associated with the meters. At the next Council meeting, the Council will review the plans and specifications and authorize the advertisement of bids. Resolution callin!:! for HearinQ for TIF 2-1: Weyrens reported that Collegeville Development Group is planning to develop the former Krebsbach site which is currently vacant on Minnesota Street E. Both the City Council and Economic Development Authority have reviewed the preliminary TIF Application and have agreed to move forward utilizing TIF for the project known as Millstream Shops and Lofts. TIF allows the developer to recapture taxes based on current values. Weyrens stated that the creation of a TIF district requires a public hearing and requested the Council authorize execution of Resolution 2007-017 Calling for a public hearing to establish development district 2 and tax increment district 2-1. Frank made a motion to authorize the Mayor and Administrator to execute the Resolution 2007- 017 calling for a public hearing to be held on May 3,2007 at 7:15 PM for the creation of development district 2 and tax increment district 2-1. The motion was seconded by Wick and passed unanimously. Rassier questioned whether the whole downtown area will be zoned as TIF or just the area being developed for the Millstream Shops and Lofts project. According to Carlbom, the EDA looked at a larger area; however, the downtown committee is not yet at that point. This developer has requested to use TIF and they meet all of the necessary criteria. In the future, other areas can be looked at for possible TIF financing if requested. 3.2 liquor License - Local Blend: Weyrens stated that the Local Blend has submitted a license application to sell 3.2 Malt Liquor at 19 Minnesota Street West. The local blend currently holds a wine license. Weyrens reported that the Police Chief has reviewed the application and the City has received all the necessary paperwork. Wick made a motion to approve the 3.2 Mal Liquor License for the Local Blend, 19 Minnesota Street West. The motion was seconded by Rassier and passed unanimously. Adiourn: Wick made a motion to adjourn at 8:55; seconded by Symanietz. Apri/19, 2007 Page 9 of 9 Ayes: Carlbom, Wick, Symanietz, Frank Nays: Rassier Motion Carried 4:1:0 (~--.., - , ) - __ _...:~{ (('{ y /(~/(: ~/0/,'-L ;;J Jupy W yrens ( Aamini rator , 1 -.. ~ 'I I , ~ ...