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HomeMy WebLinkAbout08-16-07 August16,2007 Page 1 of 8 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 16, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Dale Wick, Steve Frank, Rick Schultz City Administrator Judy Weyrens Citv Reoresentatives Present: City Engineer Randy Sa bart, Finance Director Lori Bartlett Others Present: Bob & Ellen Wahlstrom, Sam DeLeo, Ken Hiemenz, Miriam Ardolf Aoprove AQenda: Wick made a motion to approve the agenda with the following additions/deletions: Delete 3b Delete 9b Add 13c Minutes Southwest Beltway Corridor Study - Agency Agreement Township Zoning Clarification The motion was seconded by Frank and passed unanimously. Consent AQenda: Wick made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 039120-039219. b. Deleted c. Application for Payment - Authorize the Mayor to execute Pay Application #9 for the 2006 Street Improvement Project and authorize payment to C & L Excavating in the amount of $74,528.64. d. Application for Payment - Authorize the Mayor to execute Pay Application #1 for the 2007 East Side Improvement Project and authorize payment to Hardrives in the amount of $36,786.94. e. Capital Equipment Purchase - Authorize the installation of air conditioning at the Maintenance Facility at an estimated cost of $3,300, with funds being expended from the Public Works Capital Improvement Plan. f. Fire Mutual Aid Agreement - Authorize the Mayor and Administrator to execute Resolution 2007 -030 approving the amendment to the Central Minnesota Fire Aid Association's Mutual Aid Agreement adding the City of St. Augusta. The motion was seconded by Frank. Discussion: Frank requested clarification of the Pay Applications and if the payments stated on the agenda are final payments. Sabart stated that the Pay Applications included in the consent agenda are for on-going improvement projects and include payment for work that has been completed since the last pay application. When a project is finalized, the Pay Application will state "Final Payment" and will include a letter from the Engineer stating the project is complete and the final payment can be issued. Frank also questioned which areas are included in the Pay Applications. Weyrens stated that the 2006 Interior Street Project that included 1st, 2nd and 3rd Avenues NE and SE and the 2007 East Side Improvement affects 8th, 10th, 11th, Dale and Callaway. Frank also questioned whether or not bids are requested for the Maintenance Shop updates. Weyrens stated that if a project does not meet the Statutory bid requirements, staff receives quotes from contractors that routinely work in St. Joseph. The motion passed unanimously. Public Comments to the Aaenda: No one present wished to speak. August 16, 2007 Page 2 of 8 Interim Use Permit. 409 Colleae Avenue N: Weyrens stated that the Planning Commission recently held a public hearing on August 6 to consider the issuance of an Interim Use Permit to Dale Schneider to allow a non-owner occupied rental at 409 College Avenue N. Recently, the Zoning Ordinances have been updated to allow for non-owner occupied rentals in the business districts until that area is ready to convert to business use. The Commissioners discussed what the expiration of the permit should be and recommended that it be reviewed annually and it would be determined by the Planning Commission when the permit should expire. Weyrens stated that the Council may wish to sunset the permit after a specific time period to encourage the property transition. The intent of the Ordinance is to only allow rental in areas currently used as residential and zoned Commercial until the are transitions to the Commercial use. If an area is predominately rental their may not be a desire to convert to the property to a commercial use. The concurred that a sunset period should be determined and discussed the issuing the initial permit for a period of three years which is renewable for an additional three years. The Council also discussed that as properties apply for Interim Use Permits, the time period in adjoining property should be consistent, to help facilitate the transition. Wick made a motion to authorize the Mayor and Administrator to execute the Resolution of finding to allow for the issuance of an Interim Permit at 409 College Avenue N noting that if the Planning Commission determines that the area is not yet ready for transition, then the property owner could apply for a 3- year extension of the permit. The motion was seconded by Frank and passed unanimously. 2008 Fee Schedule: Finance Director Bartlett stated that the purpose of the hearing is to review the proposed fee schedule for 2008. She stated that the proposed fees for 2008 were calculated by reviewing the actual costs of time and materials to provide such services to the public. Weyrens stated that the Council in the past has reviewed fees on an individual basis. Over the past year staff has been compiling and reviewing the fees charged for all City services. Weyrens stated that the fees for the Water and Sewer Access fees were established in 2006 and the fee calculation included the current and pending infrastructure needs. After the final cost for the St. Cloud Treatment Plant is determined, the Sewer Access Fee may need to be adjusted. Councilors questioned the proposed increase in the Plan Review Fee. Currently the fee is 10% of the building permit fee for the residential permits and 65% for the commercial permits. Weyrens stated that it is her understanding that the Building Official is not recommending to increase the all at one time, rather it could be incrementally stepped until it reaches the desired rate. With regard to the Building Permit Fee, Weyrens stated that this fee has not been raised for many years and is the fee that is included in the 1988 State Building Code. As this is a public hearing, Weyrens stated that she received an email and fax from the Central MN Buildings Association (CMBA) requesting the City not approve the proposed fee schedule and review the proposed fees before adopting. The Council agreed to review the fee schedule by line item to discuss any concerns or questions. The following is a summary of discussion items: · Council Salary: Weyrens stated that the Council Salaries are increased by the average of the union negotiated wage increases. · Equipment - Lawn Mower: Frank questioned why a fee is necessary for the use of a lawn mower. Bartlett stated that when weeds are not taken care of by the property owner, the City may mow the weeds and then charge the property owner. · Labor Rate: Bartlett stated that the labor rate for the Maintenance Workers was based on an average of the salary and benefits. · Amendment/Rezoning/Special UseNariance: Rassier questioned the increased the steep fee increase for those services. Bartlett stated that there is a minimum charge and the developer must also pay any applicable legal and engineering fees. Rassier and Frank both suggested that the proposed fee is too high as some projects do not require as much time. August 16, 2007 Page 3 of 8 · TIF: In the past, there were no charges for these services. Bartlett stated that she was given those numbers from Cynthia, EDA. · Water Salesman: Bartlett stated that this charge is for tacking and purchasing bulk water. Vendors will purchase tokens for bulk water and will be required to fill water at the Water Filtration Plant. · May Bowie License: Weyrens stated that the three local College/Universities held an annual event that rotated between St. Cloud, St. Joseph and Collegeville. This license is specific to that event. · Centennial Park: Bartlett suggested that the fees for Centennial Park be increased due to the recent remodeling. · Refuse: These rates cannot change as the City currently has a contract for refuse service. · Building Permits: Bartlett stated that they are proposing to increase the plan review fee from 10% to 65%. There was question as to whether the drastic increase would drive people away from building in St. Joseph. The Councils stated that before they can consider the proposed fees, they would like to see a comparison of the area Cities that St. Joseph routinely meets with to assure that the fees are not excessive. There was no one present to speak in regards to the proposed 2008 fee schedule. Wick made a motion to table the Public Hearing for the 2008 fee schedule until September 20, 2007. The motion was seconded by Schultz and passed unanimously. Parkway Business Center: Weyrens stated that the City staff has been working with a developer to develop the property known as the Prom/Feld Farm. The proposed development contains approximately 280 acres. The Planning Commission and City Council have previously reviewed the concept plan for the first phase of development which includes 54 acres and 22 lots. The development is entitled Parkway Business Center and will contain a mix of commercial and industrial development. Environmental Assessment: Previously the Council has authorized the preparation of an Environment Assessment (EA). there is a potential development of the Prom/Feld Farm which abuts CR133. The proposed plat contains 22 lots on 54 acres. The first phase was developed around the proposed North east/west corridor. The EA has been prepared and published in the Environmental Quality Bulletin (EQB) for the required 30 days and notice was mailed to the required agencies. The thirty day period has expired and the City did not receive any comments. Therefore at this time the Council must approve a resolution declaring no environmental impact based on the proposed development. The following items were considered for Council consideration: Wick made a motion to adopt Resolution 2007-033 declaring No Significant Environmental Impact for the Parkway Business Center. The motion was seconded by Schultz and passed unanimously. Weyrens stated that the Planning Commission recently conducted a public hearing to consider phase one of the Parkway Business Center. The application included a request for Comprehensive Plan Amendment, Rezoning, PUD and Preliminary Plat. The Planning Commission recommended approval of the Preliminary Plat and Industrial Zoning. By not acting on the PUD and Comprehensive Plan, they were denied. If the Council accepts the recommendation of the Planning Commission, the process must include Fact of Finding for denial of items not acted on. Weyrens stated that the Comprehensive Plan Amendment is being requested to allow for Commercial development along the future North east/west corridor. In reviewing the current Comprehensive Plan, this request is consistent with other corridors along major roadways. The PUD is being requested to allow for a mixed development of Industrial and Commercial. In additional the PUD will allow for the ROW along Commerce Avenue to be platted at 70 feet with an additional 10 feet on each side, providing the City with 90' of ROW. If the PUD is not granted, the ROW must be designated at 90'. The use of easement allows for utility installation and for additional green space. August 16, 2007 Page 4 of 8 The final action is the Preliminary Plat. Weyrens reported that the Planning Commission recommended approval of the preliminary plat with the final approval of the City Engineer. The plat comments included a number of engineering issues which need to be addressed before the final plat is presented to the Council. Sam Deleo spoke on behalf of the developer. Deleo stated that the plan presented to the Council for approval is identical to the concept plan that was submitted and accepted by the City Council and Planning Commission. This same concept plan was used for the EA. The Developer is requesting that the City Council reconsider the action of the Planning Commission and approve the Comprehensive Plan Amendment and PUD allowing for mixed zoning of Industrial and Commercial. In particular, the Developer is hoping to utilize the north corridor for commercial. Frank questioned Deleo if the proposed plat abuts any residential property, to which he responded that currently it does not. However, the future plans for the remaining property include a residential portion. Frank also questioned the future roadways and the decision of the Planning Commission to not recommend approval of the PUD and Comprehensive Plan Amendment. Wick stated that during discussion the Planning Commission was open to zoning the parcels that abut the North easUwest Corridor as Commercial, but in the end they recommended straight Industrial Zoning. Weyrens stated that the plat is not contingent upon the future proposed roadways. Wick made a motion to adopt Resolution 2007-034 approving the amendment to the St. Joseph Comprehensive Plan Land Use Planning District 11, adding a future land use map for the above mention property which includes Commercial Zoning along the major corridors. The motion was seconded by Rassier and passed unanimously. Frank made a motion to adopt Resolution 2007-035 Approving the PUD, Rezoning and Preliminary Plat entitled Parkway Business Center with exhibit A attached to show the mix of Industrial and Commercial. The motion was seconded by Wick and passed unanimously. Southwest Beltwav - Studv Update: Brett Tanner, SRF approached the Council to give an update of the Southwest Beltway Project approved by Stearns County and the APO. According to Tanner, the purpose of the study is to study the growth on the Southwest portion of Waite Park into St. Joseph from Trunk Hwy 15 and 23 North to CR 133 and CSAH 4. The first step in the process is to complete and environmental impact study to identify the following: 1. Identify purpose/need 2. Identify range of alternatives 3. Identify issues to be addressed in the environmental impact statement He advised the Council that a public meeting was held at the Waite Park City Hall to gather public input. In 2000/2001, there were some initial concepts presented. The current study will look at new ideas as well as build on those concepts presented in the past. They have been working with study partners to determine the purpose/need and goals. · Goals: o Enhance mobility o Planned growth in Waite Park and St. Joseph. · Need: o Transportation system linkage - Continuous N/S/EIW Corridor o Connectivity - Hwy 75, Hwy 23, Hwy 15 o Planned growth in St. Joseph and Waite Park. Tanner advised the Council that the next steps in the study include the following: · Develop a clear purpose/need · Develop alternatives · Get public and agency input August 16, 2007 Page 5 of 8 · Publish scoping document · Scoping decision document for EIS · EIS process Schultz questioned the timeline for the EIS process. Tanner stated that the scoping/EIS process can take several years. Construction may not happen for several years; however, once an alternative is chosen, Right of Way should be preserved. Tanner presented the Council with a map showing the concepts presented in 2000/2001. Rassier questioned whether the stakeholders have agreed on the proposed concepts/alternative routes. Tanner stated that the information from 2000/2001 was used to begin the process. The various committees have been meeting and they are looking at all alternatives, using the past alternatives as suggestions. Wick added that the map also showed the study area and that the study area will not be changed unless they are asked to expand it. Frank questioned the possible use of 1-94 and bypasses similar to 694. Tanner stated that they may take that into consideration with the Project Management Team; however, it may not need the needs of the project. According to Tanner, the first step is to identify a clear purpose/need. Schultz questioned whether or not the City of St. Cloud is involved in the process. Tanner advised the Council that St. Cloud is updated, but not involved in the actual process. Waite Park, St. Joseph, Stearns County, APO, St. Wendel and St. Joseph Townships are the entities involved in the Study. Frank stated his concern for openness and questioned whether or not public input will be allowed at the meetings. Tanner stated that since the Southwest Beltway is a County project, any decision on accepting input at meetings must be addressed with the Stearns County Engineer. Frank stated that he would like to see the corridor studies consider alternative transportation such as busing or light rail as these roads are 20+ years in the future. CITY ENGINEER REPORTS Drainaae Issue - Libertv Point: Weyrens stated that as the Council is aware, the development entitled Liberty Pointe has a number of outstanding issues. Staff has been working with the developer, Jeff Richter to resolve drainage and unfinished items. The City has made numerous attempts to contact the developer and he has not responded. Therefore, as a last resort, Weyrens stated that a demand letter was prepared requesting the bond company for Liberty Pointe release $ 150,000. This amount is equal to the letter of credit the City is holding. Weyrens stated that the Police Chief hand delivered the notice to the Bond Company. After they received the demand notice, the second partner, Rick Poplinski, contacted the City to discuss the outstanding issues. Sabart stated there are several lots where the side lot swales are not graded properly as the builders did not follow the grading plans. Several property owners have complained of drainage problems. The City has been working to get this resolved and has since then threatened legal action. It is proposed that the City make the improvements to Dale StreeU16lh Avenue sooner than expected. This would involve installing a 12" culvert near Dale Street to alleviate water in the backyards. The estimated cost is $3,850. Although this is not the solution to all of the problems, it will help with some of the seasonal/extreme problems. This can be funded through storm water development fee that has been paid by Viking Development. Weyrens stated that City staff is hoping to resolve the following issues: · Lawns are not being installed and thus weeds are growing. · Signature Homes has not yet turned the Homeowners Association over to the Homeowners. · Snow removal has been an issue in the past and the City is requiring contact information for their contractor for snow removal. August16,2007 Page 6 of 8 Sabart advised the Council that they have given the developer three weeks to get these issues resolved. If no attempt has been made to resolve the issues, the City will pursue legal action. Rassier made a motion to authorize the expenditure of $ 3,850.00 to add a culvert to 16th Avenue and Dale Street, with the funds expended from the Storm Water Utility Fund. The motion was seconded by Frank. The motion passed unanimously. 8th Avenue NE: Frank questioned when 8th Avenue NE will be completed. Sabart stated that they will be completing that work next week. He stated that they will try to advise the homeowners when the road will be closed. TREASURER'S REPORT Monthlv Report: Bartlett presented the Council with a monthly report of the City's cash flow. She stated that some of the funds are in deficit and that she plans to have those corrected prior to the end of 2007. Through July, it appears that the City has a 15% increase in cash. According to Bartlett, that is due to the fact that ~ of the property tax payments and ~ of the LGA have been received. She also briefly discussed the general fund and the enterprise funds. Quarterlv Finance Position: Bartlett also presented the Council with a Quarterly Finance Position for the City. She stated that through June, 48% of the budgeted funds have been spent and 92% of the anticipated revenues have been received. It is anticipated that by the end of the year, the City will have received $200,000 in sales tax from the ~% sales tax increase. In her opinion, the City is in a good financial position and she will continue to monitor the general fund. Wick made a motion to accept the Treasurer's Report as presented. The motion was seconded by Schultz and passed unanimously. Credit Card Acceptance: Bartlett stated that the City has been receiving several requests for the use of credit cards to pay for utility bills, building permits, etc. She stated that she looked at both Rev Trac and Collection Resources and determined that Rev Trac is compatible with Banyon Data Systems, the City accounting/utility billing software. Bartlett stated that she did not check with US Bank or Wells Fargo as they have higher fees and they are not compatible with the City's accounting software. Rassier questioned Bartlett as to what services the residents would be allowed to use credit cards for payment. Bartlett stated that the City can choose what services would be allowed. Cities such as Sartell only allow credit card payments for utility bills and marketing material. It is cost prohibitive to allow building permits to be paid by credit card. Frank stated that residents have the option to use the drop box or they can pay their bills online through their bank. Bartlett also stated that the staff has been researching the possibility of using ACH for utility bills. The First State Bank of St. Joseph has offered this service at a nominal fee. Schultz then questioned how many residents are requesting this service to which Bartlett did not have available. Weyrens suggested doing a survey to find out if this is something that the residents would like to see the City offer. This will be put in the next newsletter. MA VORS REPORT APO Executive Board: Rassier stated that the APO Executive Board met and they discussed insurance and wages for the APO employees. COUNCIL REPORTS WICK August 16, 2007 Page 7 of 8 SCEDP: Wick Reported that he met with Tom Moore, Director of the St. Cloud Area Economic Development Partnership to discuss expectations. Moore stated that the SCEDP is sponsoring a Job Fair on September 20 from 11-5. There was also some discussion about the New Flyer bid that was recently rejected by the Met Council. Wick reported that there will be a website set up by the Minnesota Commercial Association of Realtors to show all commercial property available for sale. Park Board: Wick stated that he would like to thank everyone that he worked with on the Park Board over the past four years and he looks forward to serving on the Planning Commission. Wick reported that based on the recent Mayoral appointments, Council Schultz will be replacing him as a non-voting Liaison. SCHULTZ Duoout Remodel: Schultz reported that Pat Schneider is working on replacing the dugouts at the Ball Park. At this time, they are waiting for architectural approval and they are also soliciting funds for the project. Fire Board: Schultz stated that he attended the Fire Board meeting at which they discussed the 2008 Budget. FRANK Northland Drive Sianal: Frank questioned who is responsible for the Maintenance and upkeep of the signal light. Weyrens stated that the initial cost of the signal is dividing between the City and Stearns County, with the City responsible for the general maintenance. Budaet: Frank advised the Council that he asked a Colleague at SCSU who specializes in Public Finance to review the proposed budget. The Colleague stated that the budget information is well done and recommended some additional exhibits that could serve useful in the future. Frank stated that he met with Weyrens and Bartlett to review the budget. McComb Study: Frank stated that he was asked by a resident for his analysis of the Market Study as presented by McComb. Frank stated that he hesitates to comment on a survey, but since he was asked to comment he reviewed the information. Frank stated that based on his knowledge of survey's, he did not see much merit in some of the data. The report does not provide enough information to evaluate the data and the manner in which the survey numbers were presented lead to a larger error factor. ADMINISTRATOR REPORTS Buildina Alternatives - Colleoeville Development Group: Weyrens stated that Collegeville Development Group is proposing to develop an R4, high density housing development adjacent to Callaway Street and County Road 121/College Avenue North. The first phase of development will consist of 6 homes, all of which abut Callaway Street. The developer is requesting the City allow building permits without before the installation of utilities. It is too late in the construction season to install utility and construct the first layer of bituminous street. Therefore, the developer is proposing to add the utilities in Spring. All the homes will have access to Callaway Street and the developer acknowledges that Certificates of Occupancy will not be issued until the improvements are complete. Weyrens stated that she has reviewed the matter with the Attorney and Building Official, and they both agree that this type of development while A-typical, can be accomplished. Weyrens clarified that the developer will still be required to complete the land use process and can only move forward after final plat approval. Final plat approval includes execution of a development agreement. In this case, a letter of credit equal to the cost of utility installation will be required with the agreement. Sabart stated that the developer has agreed that the entire development site will be mass graded in fall to assure that the homes are constructed at the correct elevation. August16,2007 Page 8 of 8 Wick questioned whether or not they would tear up the streets during the school year. Weyrens stated that if the project is a City project, the time table can be controlled. However, since this project is a private project if would be difficult to control construction. Frank questioned whether this development would affect Field Street. Weyrens stated it would not. Rassier stated that he would prefer to wait to make this decision until after the land use matters are resolved. Weyrens stated that the Developer has not closed on the property and if they cannot move forward with building permits, they would not move forward. The Council concluded that if they enter into the Development Agreement with the City and they provide proper escrow, they do not see a problem with allowing the utilities to be installed prior to the roads. However, the Council reserves the right to reconsider as the project moves forward. Liauor License Transfer - Hollander's: Weyrens reported that she has received a request to transfer the Liquor License from Hollander's Liquor Store to Paul Rowe. The background check has been completed and the Police Chief is recommending the Council approve the Off Sale Intoxicating Liquor License and Tobacco License as requested. Frank made a motion to approve the Off-Sale Intoxicating Liquor License and Tobacco License transfer from Hollander's Liquor to St. Joseph Liquor Shoppe. The motion was seconded by Rassier and passed unanimously. Township Zonina Clarification: Weyrens stated that she has received a request from St. Joseph Township to clarify the zoning for property owned by Brenny Transportation, Ridgewood Road. The Township has provided documentation that in 1999 the Joint Planning Board and Joint Powers Board meet to review the request to rezone the property owned by Brenny Transportation as Industrial. The information was forwarded to Stearns County for inclusion in the St. Joseph Township Zoning Map. However, it has been discovered that Stearns County did not make the correction to the map. Therefore, St. Joseph Township is requesting the City clarify that the property owned by Brenny Transportation is zoned Industrial. Rassier made a motion clarifying that the Zoning for Brenny Transportation is Industrial as agreed upon by the Joint Powers and Planning Board in 1999. The motion was seconded by Wick and passed unanimously. Adiourn: Frank made a motion to adjourn at 9:50 PM; seconded by Wick and passed unanimously. ~"1 I : . "\.' /; .I, . " /,., 1 /1 ~4 l~ ().. / ? V:...1.X///-/v- "ud~ Weyrens Ad rrli n istrator /