HomeMy WebLinkAbout(4a) MinutesOctober 16, 2008
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, October 16, 2008 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz, Steve
Frank, Administrator Judy Weyrens
City Representatives Present: Finance Director Lori Bartlett, Police Chief Pete Jansky, Public Works
Director Terry Thene
Others Present: Joe Kane, Joanne Schneider, Allison Gerbeck, Mark Zimmer, Mark Loso, Ken Loso, Jodi
Terhaar, Jim Schumann, Mike Connolly, Richard Crawford, Veronica Anderson.
PUBLIC COMMENTS TO THE AGENDA
Joe Kane, St. John's University, approached the Council on behalf of the St. John's Senate to address
issues relating to the elections. First, he addressed the recent change of the polling locations. He stated
that students have the right to vote and for many it is their first time or the only time that they will vote
during college. The change of precinct boundaries was approved by the Council on May 28, 2008 without
input from the students. He asked that the City participate in an outreach program with the St. John's and
St. Ben's Senate to work together on matters that affect the students. He also questioned why they were
not notified of the proposed change. Kane advised the Council that due to same day registration, there
will be a lot of students registering to vote and questioned whether or not the City has adequate staffing
and equipment to accommodate the precinct change. The College 'll be providing a shuttle bus to the
polling place to help residents get to the polling location. In the f e, Kane stated that the student senate
would like to be advised of information or changes relating to ct .Frank advised Kane that the
College of St. Benedict was informed of the change before Coun cted on the matter. The Council
has to look at what is best for the entire community. Ka nc raged Council to reconsider and
establish a polling place just for the student population. plied that, nationwide, election judges
are getting harder and harder to find and St. Josep was f ate to have more judges then openings.
However, this will not always be the case and red p cts help with staffing. Kane stated that
the Council could utilize the students for election ju a gin they were not consulted.
A//ison Gerbeck, College of St. Benedic ok th ouncil with respect to the recent vandalism during
homecoming weekend. They are addre n campus as well as working with the police.
There is a reward leading to those1~Qn for the vandalism.
Agenda: Wick made a motion appro the agenda with the following additions/deletions:
Consent Agenda: Symanietz made a motion to approve the consent agenda as follows:
a. Bills Payable -Approve check numbers 040739 - 040848 and EFT numbers 000211-000226
and 000440-000442.
b. Pay Equity -Authorize execution of the revised Pay Equity Report as presented.
c. Pay Application- Authorize the Mayor to execute Pay Application #9 for the 2007 Jade
Road Improvements and authorize payment to RL Larson in the amount of $ 12,681.98.
d. Pay Application -Authorize the Mayor to execute Pay Application # 10 for the 2005
Northland Heights Improvements and authorize payment to Erin Construction in the
amount $82,074.95.
e. Pay Application -Authorize the Mayor to execute Pay Application # 6, Final Payment, to
Hardrives, Inc. in the amount of $12,788.87.
Add 12 Premise rmit
Add 12 Schedulin are
Add 12b Fire Departm nt Christmas Decorations
Add 12c Updates
The motion was seconded by Symanietz and passed unanimously.
October 16, 2008
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f. Capital Equipment -Authorize the purchase of a rotary laser to set grades, funded
through the 2008 Budget.
g. Treasurer's Report -Accept the September 2008 Treasurer's Report and the 3~d Quarter
2008 Treasurer's Report.
h. Quarterly Financial Report -Accept the 3~d Quarter 2008 Financial Report.
i. Donations -Accept the donations for camping and Christmas decorations.
j. Moved to Administrator Reports
k. Moved to Administrator Reports
The motion was seconded by Schultz and passed unanimously.
Public Hearing -Assessment Hearing for Delinquent Accounts: Weyrens stated that, once a year, the
City can certify delinquent accounts, provided they are given the opportunity to contest the fee. This
matter has been published as a public hearing any anyone present to dispute a fee can speak at this
time. At this time the public hearing was opened and as no one present wished to speak the hearing was
closed.
Frank questioned if there were more this year than last, to which Weyrens stated that are. Rassier
questioned if the fees associated with the lawn mowing on Iverson are similar to those on 18th Avenue
and if this is another area that the City is trying to clean up. Weyrens stated that they are similar. Wick
questioned the weed charges in the amount of $27 as the fee schedule says $60. Weyrens advised him
that they are combined lots and the charges have been split between amongst the units.
Wick made a motion to approve the certification of the deli nt invoices/utility bills to Stearns
County for collection in 2009. The motion was seconded_ and passed unanimously.
Public Hearing - 2:00 AM Bar Closing: Mayor Rassier o ed a Publ~F-learing and stated the purpose
of the hearing is to consider the possible extension of liq se hours, authorizing the 2AM closing.
At this time Weyrens presented the Council with p t actin f the Council, including the three times the
matter was brought before the Council with an un v In addition Weyrens presented a
summary of liquor license violations over the past t e t this time Rassier encouraged anyone
present to present testimony regarding these M closing time.
Joanne Schneider spoke to the Council a of St. Joseph as well as a commercial property
owner. She stated that she would ' to give local business every opportunity to succeed. On
behalf of the bar owners, she st d th a went door to door looking for donations and many of the
bars do help. They have been giving er he past twenty years. She asked that the Council listen to
their needs and try to help them t cce in a market that is very competitive.
Mark Zimmer approached the Councilars in support of the 2AM bar closing. He stated that he and his wife
Peggy have owned the LaPlayette since 9974. They have seen many things come and go in St. Joseph
over the years. He stated that they are requesting that the Council re-consider the extension of the bar
hours as it is an economic issue. Due to the fact that the areas surrounding St. Joseph all have the 2AM
bar closing, St. Joseph is an island and competition is not only within rather with the surrounding areas as
well. He would like all bar owners to be on the same playing field. He understands that the extension is
not for every business/license holder. According to Zimmer, it is a reality that the restaurant/bar business
is a tough business. Many long time establishments have recently closed. This is due to circumstances
such as the smoking ban, expansion of the casinos and gambling. He also stated that St. Joseph is
unique to the surrounding areas due to the fact that there are two colleges. He spoke with other cities with
similar situations and the 2AM bar closing works in those cities.
Frank stated that he has not yet been approached by the bar owners. He stated that bar owners need
public licenses for a reason. He added that the Council has heard from several neighbors who are not all
supportive. With respect to the LaPlayette, he advised Zimmer that they have had the most violations as
well as the highest value of fines. In his opinion, the fines in St. Joseph are light compared to other cities.
October 16, 2008
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He has heard that the Legion and the EI Paso are not in support of the change and Sal's has stated that
they are indifferent. When he questioned what other bar owners would be in support of the change, it was
noted that the Main street Pub would support the extension of bar hours. Zimmer stated that this would be
an elective license for the liquor license holders and some may choose not to participate as it would not fit
their business model.
Frank questioned Zimmer about the new condos that have been built on Minnesota Street. Zimmer stated
that he spoke with Mr. Petters and Mr. Degiovanni prior to building and advised them to remember the
area in which they are building. Those that are purchasing those condos know where they are living.
Frank stated that the Police Chief will speak against the extension of hours and questioned how Zimmer
would react to the Police Chief. Zimmer stated that there must be a way to make this work. He questioned
how it is done in other cities. If it were not a good idea, the state would not have authorized the extension
of the bar hours.
Mark Loso, owner of the Main street Pub, addressed the Council in favor as well. He stated that they
would take advantage of the extension three days per week. Loso stated that they would like a level
playing field with the areas surrounding St. Joseph. He added that they would like a chance to make a
living as well.
Mike Connelly, approached the Council as the Dean of Students on behalf of St. John's. According to
Connelly, they have no opinion on the matter. They were pleased to be notified of the proposed change.
Although they are not in favor or opposed, he asked that the Coun ' onsider the implications of the
possible extension to include:
• Increased nuisances
• Change in bus schedule
• Additional time to consume alcohol
The bar owners may not see an economic impact as peo arrive later spending the same amount of
time in the bar as if they were open until 1AM. He ed th a Council should keep public safety in
mind and look at the cost of additional police offic
In response to comments made by Conne me ated that they have other clientele other than
students. In a recent article done by th Clo Tim he stated that neither he nor Loso were
contacted. Their establishment is more angout". Frank questioned whether Zimmer
believes that they will come out a 'th extension of the hours to which he stated that they would.
He added that they plan to sta en un A my on Friday and Saturday evenings.
Richard Crawford, 15 Minnesota et tated that he recently purchased one of the lofts along
Minnesota Street. He stated that he ad no complaints with the bar owners. He knew there were bars
there when he purchased his loft and although his choice would be to have them close at 1AM, he
understands their needs. He suggested that the City get involved with a neighborhood watch program.
Rassier closed the public hearing and re-opened it for Council discussion.
Weyrens stated that Chief Jansky did some research on the proposed 2AM bar closing. Jansky stated
that all five neighboring cities have the 2AM bar closing. He spoke to St. Cloud Police Chief Ballantine
regarding the affect on the City of St. Joseph. Like St. Joseph, St. Cloud has a large education institution
within the corporate limits and have similar problems. Ballantine stated that they only affect they have
noticed is that the nuisance calls are backed up one hour.
He also spoke with the Police Chiefs from Northfield, St. Peter and Mankato as they also have Colleges.
Northfield and St. Peter do not have the 2AM bar closing; however, Mankato does. Jansky reported that
they have similar problems as St. Joseph as we are unique in that we have students who are residents
for only nine months out of the year. They are young and like to have a good time. In Mankato, they have
seen an increase in the blood alcohol levels and calls are coming in later resulting in shift changes for the
October 16, 2008
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Police Department. St. Peter is working with Gustavus as they do not want their image to be about
alcohol. He added that Northfield will be addressing this issue in the future.
Jansky stated that he is concerned about the businesses in St. Joseph and is open-minded when it
comes to alcohol; however, he stated that he has some issues:
• Limited resources in the Police Department.
• The number of special events throughout the year have increased and grown over the years.
Currently, the schedule for the Police Officers has a shift change at 7AM and 5PM. Jansky stated that he
is concerned about the resources and costs. Rassier questioned whether the schedule could be adjusted
on weekends and holidays to accommodate the 2AM bar closing. Jansky replied that they sometimes
have three officers working until 3AM, but not all the time. This gives their department limited resources to
handle other calls that come into the department. He reminded the Council that they are not going to
receive any new officers in 2009.
Wick questioned Jansky to whether or not they have been fining those for serving intoxicating persons.
Zimmer explained that the intoxicating person may not have been served in their establishment; rather
somewhere else or someone else may have purchased the alcohol for them. Jansky stated that he
cannot put an officer in the bars to control that.
Schultz questioned Jansky as to the number of noise violations occurring after 1AM. Jansky responded
that their reporting system does not allow them to break violations down by time of day; however, he
stated that most violations tend to occur between 10-11:30PM and~30-2:30AM.
Frank addressed the issue of the bus schedule for St.
students would mitigate through the neighborhoods. In
system as students had no way to get back to campus
questioned what would happen if they choose not to e;
people will find a way back to campus somehow. ~
. Jansky stated that in the past,
~ Ilege began to offer the bus
dd hhike along CR75. Frank
schedule. Jansky advised Frank that
Jim Schuman approached the Council on behalf of of St. Benedict. Currently, the last bus
runs at 2AM, but he said that they would p e d the bus hours. He also advised the Council not
to make their decision based on the Co es. a ex sion of the bar hours would only push the noise
back one hour. He also stated that less nts are of legal age to drink. According to
Schuman, they will adapt to provi ty the students. On behalf of the College, he stated that they
are willing to provide ID reader the b i y are willing to use them. He advised the bar owners that
South Dakota is the license of 'ce for de nts who are underage. Rassier questioned when they
expect to have all students living am . Terhaar advised the Council that they plan to have a new
building ready for students in 2012.
Rassier closed the public hearing.
Wick stated that he was looking for input; however, he is not ready to vote on this issue as he has some
questions.
1. Limited days -The State Statute does not limit the permit to a certain number of days per week.
He questioned how the City could limit those days and whether it could be done through
Ordinance.
2. Institutions - He stated that the City should look at the matrix and give preauthorization for such a
permit. If there are too many violations, they would lose their license.
Frank stated that the Mankato fee schedule is higher and more detailed than St. Joseph.
Schultz questioned Thene as to having vehicles off of the streets by 2AM. Thene stated that they do not
want to have vehicles on the streets past 2AM as they do not the snowplows to compete with vehicles
October 16, 2008
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leaving the bars. Weyrens suggested leaving the 2AM in place rather than changing the Ordinance.
Thene stated that most of the bars are on Minnesota Street and that is the first to be cleared.
Rassier stated that the City has some rights to be restrictive, but there needs to be more discussion. The
department heads would need to deal with issues relating to police protection and snow removal.
Frank stated that these bars are long established businesses; however, he added that the City is trying to
develop the downtown area and this might create a clash between the redevelopment and the existing
businesses. According to Rassier, there is always someone who is unhappy and the City must re-
evaluate this.
Weyrens stated that staff with gather additional information and bring it back for further discussion on.
Park and Trail System: Veronica Anderson, project manager with SEH and Bruce Berghorst with the Park
Board were present to discuss the Park and Trail System Plan for the City. Anderson thanked the Park
Board for all their hard work and she thanked the Community, Planning Commission and City Council for
their input at the open house.
To bring this plan from vision to reality, it begins with the Comprehensive Plan and ends with the Design
Development and Construction Documents. Anderson added that planning is very important. The purpose
of the Park and Trail System Plan is to do the following:
• Provides a picture of the current system -identifies issues and opportunities
• Responds to the needs and desires of community -base community survey 8~ open house
comments
• Provides evaluation of parks within the system
• Provides vision, mission, goal and policy stateme at esta h clearly defined guidelines for
developing a beautiful, well maintained and fu nal rk and ail system
• Provides recommendations -general and speci
• Provides cost estimates for short, mediu long m proposed improvements
According to Anderson, they are on track wit e p edule for the project. She stated that the
plan is based on the following trends:
• Population growth
• Age groups
• Household size
• Recreation trends
She explained that a survey was d to all the residents and there were 100 surveys received. The
survey contained 16 questions relatin parks and trails. They also took into consideration the current
park system and an evaluation was done for each of the existing parks. The Park Board was able to
develop a vision statement and a mission statement.
• Vision - St. Joseph shall provide an attractive, well-maintained park, open space, and trait system
that is safe and accessible to all community members and that provides a range of active and
passive opportunities for diverse and changing recreation needs.
• Mission - To plan, develop, preserve, improve, and maintain our City's parkland for a balanced
and diverse park and trail system.
Anderson also explained the plan's goals, objectives and policies.
Anderson advised the Council that several of the parks were reclassified. Based on the new
classifications, she stated that the City has a deficit of community parks and neighborhood parks. She
then provided the Council with a look at the proposed park and trail system plan as well as a sample park
concept for Cloverdale Park. Along with the concept plan, she presented a concept cost estimate for the
park. Lastly, she provided the Council with a plan for the implementation of the plan.
Anderson stated that the next steps include:
October 16, 2008
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1. Public Hearing on Draft Park and Trail System Plan
2. Finalize Plan
3. City Council Adopts Park and Trail System Plan
4. Implementing Plan
Schultz questioned Anderson as to how concrete the proposed plan is. She responded by stating that it is
what the Park Board would like to see, but changes can be made. The Plan gives the City a general idea
for each park.
Berghorst stated that the plan gives the City an idea of what can be done in the parks. Frank questioned if
there are any plans for a dog park to which Berghorst said there is. Frank added that he has never heard
of a meditation park. He also stated that there is no place in St. Joseph where "kids can be kids". The City
should leave more green space. Berghorst replied that Centennial, Memorial and Millstream parks all
have open space. According to Frank, the City tends to over plan its activities. Anderson stated that this
should be used as a tool for along-term vision of the City. Frank also questioned if there is anything
unique about the City. Anderson stated that she was pleased to see that residents are really interested in
trails, nature and walking.
Wick addressed minor corrections in the draft document. He also addressed some questions relating to
comments from the open house. The survey results showed an expressed interest in a splash pad. Wick
questioned why no water park was included in the plan. Anderson stated that the issue of an aquatic
center was addressed; however, there is talk of a regional aquatic center in St. Cloud. There was also talk
of a community center with a pool. She stated that water was addr ed in many ways. Wick stated that
there is nothing proposed for teens and that should be addresse the plan.
The Council discussed the proposed date for the Public H g as i uld be best to have both the City
Council and Park Board present. Weyrens stated that th goa ' to ha it completed by the end of
December.
PUBLIC WORKS
Energy Analysis: Thene reported that ther o s of energy audits available for the City buildings.
1. Online Energy Assessment - T ' ou be pleted in house and is very informal.
2. Onsite Energy Assessment - A er would come and do an onsite audit of each of
the buildings. ($200 for bu' 000 sq. ft and $300 for buildings > 25,000 sq. ft.) A report
would then be provided e a with possible energy conservation projects.
To provide an onsite energy asse ent the City Hall, Fire Hall, Maintenance Shop, Waste Water Lift
Station, Water Filtration Plant and t Water Filtration Plant, it would cost less than $2,000. Weyrens
stated that the funds could come from a current budget in the operating supplies.
Wick made a motion to approve the onsite energy assessment of the city facilities. The motion
was seconded by Schultz and passed unanimously.
Xcel Ener4v Peak Controlled Rate: Thene presented the Council with a proposal to participate in the
Zxcel Peak Shave Program. The program involves businesses operating on a generator during peak
demand. The City would be notified of a peak event and the staff would have to place essential facilities
on a generator during a specified period of time. In return for participating, the City will see a reduction in
rates year round. If the City would have participated in the program in 2007, the City could have seen a
savings of $3,636. There may be some increased employee hours associated with the implementation to
shut down the generator after normal working hours; however, the City would still see a savings. There
were some questions relating to the terms of the contract. Wick stated that he does not want to enter into
a contract for a long period of time unless we see savings. Thene stated that he would gather more
information on the terms of the contract. Weyrens stated that it would be brought back at a later date for
Council approval.
October 16, 2008
Page 7 of 9
CAPx 2020 Update: Thene reported that he talked with Don Schultz regarding the CAPx 2020 power line.
In the first quarter of 2009, they plan to file the application with the State. They are having difficulties in
identifying the route through Avon and St. Joseph.
MnWARN: Thene advised the Council that he would like to participate in the MnWARN program which
allows for statewide response in the event of a utility emergency. He stated that there are no costs or
obligations associated with such. It is similar to the mutual aid for the Fire Department. All of the area
cities are joining. It would benefit the City in the event of an emergency due to a natural disaster. Rassier
questioned how wages would be paid. Bartlett stated that the wages would be reimbursable costs. She
added that the City would only need to account for equipment liability. Wick stated that he would like to
see the agreement before Council approval. He would also like a procedure to be set prior to an
emergency which gives staff the approval to go before a meeting of the City Council. Schultz questioned
who the emergency director is for the City to which he was told that Chief Jansky would be responsible if
an emergency were to happen in St. Joseph. Weyrens stated that a copy of the agreement and the
resolution will be brought back to the Council for approval.
POLICE CHIEF REPORTS
Monthly Report: The monthly report was presented as FYI.
Based on the report, Frank questioned whether there are simply more cases of liquor on the streets or
urinating in public than normal. Jansky replied that the number ten o rise and fall depending on which
class(es) are coming through at the College. The rise and fall al elates to temperatures. He added that
this year, he sees the City being challenged by the students. it artment has received a $1,250
grant to help with enforcement costs for spring.
Mailboxes: Frank questioned if the USPS gets involved recent issues with mailboxes. Jansky
stated that they would not generally get involved w' thos es of issues. He added that Crime
Stoppers, the Police Department and the Colleges kin n this. According to Jansky, these types
of crimes are not always committed by residents.
Neiahborhood Watch Program: Schultz ed the s heard of the City of Minneapolis requesting
funds from the State to fund a neighbor d ram. Jansky replied that he has not heard of this,
but stated he would look into the p~^iiL~ilit funding for such.
AYOR REPORTS+
North Star Commuter Rail: Rassi dvis the Council that he received a letter as to where they are at
and where they are going. He state be a while before it gets this far.
Upcoming Election: Rassier stressed that is important for residents to express their opinions and they
should be informed and get out and vote.
SYMANIETZ
COUNCIL REPORTS
St. Cloud Area Joint Cities Meeting: Symanietz reported that she attended the Joint Cities meeting at
which they discussed the Waste Water Treatment Plant. She gave information to Weyrens which shows
the flow of the wastewater through the area.
APO: Symanietz stated that she attended the APO Meeting. They discussed the 2030 transportation plan.
She provided Weyrens with information relating to projected areas for transportation and new
development.
WICK - No Report
October 16, 2008
Page 8 of 9
SCHULTZ
Stearns County 5-year Road Plan: Schultz reported that the Stearns County five year road plan includes:
realignment of CR 2; reconstruction of CR 51; trail construction along CR 51; and a corridor study in Cold
Spring similar to that of Field Street.
District 742 School Levy: Schultz urged residents to consider supporting the District 742 School Levy as
the district invested into our community by building the new elementary school.
FRANK
Meetincts: Frank stated that he attended the APO Meeting as well as the Central Minnesota League of
Cities Meeting. At the CMLC meeting in Sauk Rapids, they discussed the sewer and waste water.
ADMINISTRATOR REPORTS
Special Use Permit: Weyrens stated that the College of St. Benedict is requesting to construct a bus
shelter on 3 Avenue NW at the main entrance to the College. The Planning Commission originally
looked at either the rezoning of the property to allow for the construction of the shelter or a possible
special use permit. The Planning Commission denied a request for rezoning and suggested that they
apply for the special use permit. Frank stated that the City may see more of these types of shelters in the
future. Wick clarified that it will be constructed out of the right-of-w
The Planning Commission conducted a public hearing on Oct r 008 to consider the Special Use
Permit. It was a unanimous recommendation of the Planni ommi n to recommend the Council
issue a Special Use Permit to the College of St. Benedi all the c truction of a bus shelter on 3ro
Avenue NW. The property where the shelter will be hou caned by the College of St. Benedict. The
only contingency of the Planning Commission is th the s r must be outside of the right-of-way.
Schultz made a motion to approve the special u o the College of St. Benedict to allow
for the construction of the bus shelter ve ,provided the shelter is not located within the
right-of-way. The motion was second y ma tz and passed unanimously.
Christmas Decorations: Weyrens th a Fire Department is looking to replace the Christmas
decorations hanging over Minn a S ell as the bells. The estimated cost of the decorations is
$8,000 with $3,000 coming fro a Jayc s, 4,000 from the City and the remaining $1,000 from the
Chamber. Weyrens stated that th yce are requesting that they be allowed to pay 2 of the $3,000 to
be payable in 2009. Frank question t kinds of lights will be purchased. Rassier stated they will be
LED.
Symanietz made a motion to approve the financing for the Christmas decorations. The motion was
seconded by Schultz and passed unanimously.
Premise Permit: Weyrens reported that, in 2007, the Council approved the premise permit for the St.
Cloud Boxer's Club for lawful gambling at the Trobec's Event Center. Since then, they have discontinued
their permit as Trobec's Event Center was only open for special events. They are now requesting a
premise permit to have pull tabs at the Stonehouse.
Frank made a motion to accept the lawful gambling premise permit for the St. Cloud Boxer's Club
to allow lawful gambling at the Stonehouse Tavern 8< Eatery. The motion was seconded by
Symanietz and passed unanimously.
October 16, 2008
Page 9 of 9
Graceview Estates: Weyrens clarified that the Council will be conducting a public hearing on November 6
to consider the issuance of a Special Use Permit, PUD Amendment and Site Plan Approval for S & H
Partnership. The Planning Commission will consider the site plan review on November 3.
Upcomino Meetings:
• October 22 6:OOPM Comprehensive Plan Meeting
• October 20 5:30 PM Budget Meeting
Adlourn: Schultz made a mation to adjourn at 9:40PM. The motion was seconded by Frank and
passed unanimously.
Judy Weyrens
Administrator
~~
~P
O
November 6, 2008
Page 1 of 14
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, November 6, 2008 at 7:00 PM in the St. Joseph Council Chambers.
Members Present: Mayor AI Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Rick
Schultz, Administrator Judy Weyrens
City Representatives Present: City Attorney Tom Jovanovich, City Engineer Randy Sabart, Finance
Director Lori Bartlett, Police Chief Pete Jansky, Police Sergeant Dwight Pfannenstein
Others Present: Marty Meyer, T. Schuler, Margy Hughes, Ellen Wahlstrom, Dave Marquart, Karl Terhaar,
K. Kraft, Rex Tucker, Kris & Traci Haugen, Shannon & Brent Esterberg, Kevin Jonely, Jennifer Abraham,
Judy Schwegel, Paula Revier, Jason Abraham, Mark Zimmer, Cale Pennings, Brad Cobb, April Tesch,
Nicole Klassen, Mike Klassen, Carol Jenkins, Jeff Tesch, AI Lindseth, Jerome Weyer, Brandon Platz,
Sarah Pennings, Anita Fischer, Donald Fischer, Kipp Dubow, Josh Wimmer, Bob Saiko, Alicia Peters,
Jacque French, Mike Sand, Nelda Dehn, Donna Kellerman, Judy Meyer, Igor Lenznor, Bob Herges, Linda
Brown, Brian Benjamin, Cory Gerads
Public Comments: No one present wished to speak.
Approval of the Agenda: Wick made a motion to approve the agenda with the following changes:
• Move item 7 (Canvass Election) -before item 5 (Public Hearing - S Si H)
• Add 11e -Antenna Lease
• Switch 5 (a - PUD Amendment) and (b -Special Use P~nit/PUD)
The motion was seconded by Symanietz and passed
Consent Agenda: Wick made a motion to approve the
a. Minutes -Approve the minutes of October 1
b. Bills Payable -Approve check number 40
c. Capital Repair -Authorize the replace
cost of $3,583.00.
d. Energy Peak Shave -Authorize do
Company to participate in th ak ntr
as follows:
3 and EFT numbers 040412-040417.
at well house 4/5 at an estimated
an agreement with Northern States Power
rogram for a period of five years.
The motion was seconded by S~~t'l~id passed unanimously.
Canvass Election November 4 08: Sc Itz made a motion to approve the following City Election
results as final declaring AI Ra r M r Elect and Renee Symanietz and Bob Loso as Council
Elect. The motion was seconded ank and passed unanimously.
MAYOR P1 P2 Total COUNCIL P1 P2 Total
Brian Cihacek 322 337 659 Tom Gustafson 143 262 405
AI Rassier 278 806 1,804 Ross Rieke 104 258 362
Rick Schultz 374 665 1,039 Mike McDonald 119 300 419
Write-in 5 7 12 Herman J Gangl 53 203 256
Overvotes 0 0 0 Joshua Wimmer 274 419 693
Undervotes 727 239 966 Renee Symanietz 356 754 1,110
TOTAL 1,706 2,054 3,760 Sean Lathrop 53 136 189
Bob Loso 273 584 857
Steve Olson 104 278 382
Write-in 9 17 26
Overvotes 8 0 8
Undervotes 1,916 897 2,813
TOTAL 3,412 4,108 7,520
November 6, 2008
Page 2 of 14
Public Hearing - S & H Development: Mayor Rassier called the public hearing to order and stated that the
purpose of the public hearing is to consider the land use application of S & H Partnership requesting
approval of the replat for Graceview Estates II and PUD Amendment. The land use request is necessary
to allow the construction of a 35 unit apartment building, 40 unit apartment building, two four-plexes and
one duplex. The request for land use has been submitted by S & H Partnership. Rassier clarified that the
Council is conducting a hearing as allowed in St. Joseph Ordinance 52.07.
As a point of order, Jovanvich stated that after the public hearing is closed, the Council must make their
decision, whether approval or denial, based on factual findings. Each Council person should identify at
the vote their facts supporting their position. Jovanovich recommended that the Council not finalize
action as this meeting, rather, provide staff with direction to prepare final findings of fact. The Council
would then meet one more time to review and finalize the findings of fact approving or denying the
request.
Rassier stated that they, the Councilors, have received a lot of data and emails regarding the proposed
development. As the emails and correspondence have already been included as part of the hearing, he
asked that those wishing to speak address only new or appropriate issues. Frank advised the Public that
any information that is presented in writing can also be used as part of the official record for the public
hearing. Jovanovich stated that the following information will be accepted as testimony for the public
hearing and kept as part of the permanent record; 1) Information Booklet prepared by staff and submitted
as part of the Council packet for this meeting; 2) Information Booklet prepared by Igor Lenznor, legal
counsel for the petitioner and land seller and submitted as part of the Council packet for this meeting; 3)
Information prepared by the Graceview Coalition and submitted as rt of the Council packet for this
meeting.
Rassier opened the floor for oral testimony and requested each on speaking identify their name
and address. He also stated that oral testimony will be I' ed three utes and encouraged those
present not to duplicate testimony.
Jebb Willis, approached the Councilors on behalf ac w Estates Homeowner's Association. He
stated that he represents 51 home owners and the r approval of the application by S & H
Partnership. He stated that "the developer ee to achieve the de facto reversal of single family,
R-1 zoning in Graceview Estates. This do as a en despite the City attorney's original
recommendation to deny the applicatio a permit unless the property was openly and
deliberately rezoned to R3." He ad a e Council was advised b y the City Attorney at a special
meeting in October 2008 to app e s a found in City ordinance 52.07 when it reviews an
application for permitting multi amity d Iling structures of more than 12 units." He advised the council
that "the standards to approve th opo have not been met." He referenced the following:
Standard 5: "Will be serve afely by essential public facilities and services, including
streets, police and ire protect n... "
Based on the facts, he stated that their °position is that two access roads to County Road 121 must be
fully secured, in a binding fashion, prior to any application approval in order to handle traffic volumes
which already, according to the City Engineer and a traffic count, exceed projections for the area."
Standard 6: "Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community."
Based on the facts, Willis stated that their "position is that to allow this potential cost shifting would
establish a public policy of private developer profit at public expense," They would "seek legal Council
and vigorously protest any such assessments on the association."
He concluded that they are requesting that the Council disapprove the current application.
Jacque French, 129 4th Avenue SE, approached the Council to address her concerns with the proposed
development. She stated that she lives in the two block stretch between Baker and Minnesota Street
which residents in Graceview use to access the development. The proposed development will create
November 6, 2008
Page 3 of 14
significant traffic impacts to their neighborhood. She stated that according to Ordinance 52, the applicant
does not conform to the standards as outlined in the zoning ordinance. She addressed the following
standards:
Standard 5: "Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems,
and schools. "
She stated that the current Graceview development does not have adequate streets.
Standard 1: "Will not be detrimental to or endanger the public health, safety, morals, comfort,
convenience or general welfare of the neighborhood or the Cify. "
French advised the Council that there are some safety concerns regarding the residents' ability to enter
and exit their driveways.
French stated that the increased traffic due to the proposed development is undesirable for their
neighborhood. In her opinion, this was a ~oorly planned development. French also stated that there was
some discussion about the widening of 4 h Avenue to which she thinks should not be considered as the
additional assessments would cause a financial hardship for the residents who are still paying for the
previous street assessments. She would like the request of S & H to be denied.
Edward Turley, 106 4th Avenue SE, spoke to the Councilors in opposition to the proposed development.
He stated that he is a current resident of the lower/older portion of 4th Avenue SE. According to Turley,
there are some safety factors that should be taken into consideration such as the fact that oncoming
traffic cannot see more than 1/3 of the total street and residents ba 'ng out of their driveways cannot see
oncoming traffic He also stated that the widening of 4th Avenue d result in fas#er driving speeds.
According to Turley, "4th Avenue SE is currently a residential milies, school bus stops, etc and
four homes that provide child care." This area was not des' d or c ructed to accommodate the level
of traffic that would occur as a result of the proposed de pm t. I.
Turley concluded by stating that "this development ' not s we cannot afford to make it safe and it is
out of character with this afea. Again, we are not to elopment, we are only opposed to this
development. We request you turn this application w se it is not safe and the developers did not
follow the proper processes."
Mike Sand, 441 Elena Lane, approache on behalf of the Coalition. He stated that St.
Joseph Code of Ordinances 52.07 states that a Special Use permit application can be
approved if it conforms to 10 cri to h Coalition has facts to support the denial of the
application. Similar to Turley, state at a Coalition is not opposed to development; rather they
are opposed to this development 't is safe and the developers have not followed the proper
processes. He presented the Coun another petition which included 228 signatures and a copy of
the petition that was presented in Aug st containing 93 signatures. Sand advised the Councilors that the
facts to support the denial will be addressed by other residents and members of the Coalition.
Anita Fischer, 235 4th Avenue SE, spoke to the Councilors in opposition to the proposed development.
She too, stated that she is not opposed to development in Outlot A, but she is opposed to this specific
type of development. In her opinion, the proposed development would have a negative effect on the
character of the neighborhood. She addressed the following:
Standard 3: "Will be ~...] harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and will not change the essential character of that area. "
She stated that there are no sidewalks/walking paths along the west side of 4th Avenue, nor are there
crosswalks or bike lanes. Currently, there is a low volume of traffic. With an increase in the amount of
traffic, Fischer stated that there is likely to be a decrease in the amount of social contact and sense of
community. Fischer urged the Council to oppose the proposed development.
November 6, 2008
Page 4 of 14
Alicia Peters, 213 4rh Avenue SE, approached the Councilors to speak in opposition to the proposed
development. She stated that they moved to their home on 4th Avenue from Minnesota Street because of
the amount of traffic on Minnesota Street. She stated that there is limited site distance due to the curve in
the road. She stated that her daughter cannot cross the street alone and must cross through neighbors'
yards. She is unable to walk or bike along 4th Avenue SE. Peters also stated that "traffic around 7:30 has
been coming around 4tn Avenue from the west on Baker Street cutting up 4th Avenue and turning on
Callaway to connect with College Avenue to reach the new Kennedy Community School. In the mornings,
the wait has become unreasonable for a development." She stated that if the proposed development is
approved she asks that it "be with conditions that address the residents' concerns regarding the
unacceptable level of risk to the health, safety and general welfare of residents".
Mike Klassen, 411 Elena Lane spoke in opposition to the proposed development. He stated that there are
some traffic concerns and that there needs to be a second access to CR121. He stated that currently
Elena Lane is a long dead-end road which is in violation of the St. Joseph Code of Ordinances. He
presented the Council with a letter from residents along 4th Avenue with issues relating to snow removal.
Nicole Klassen, 411 Elena Lane spoke in opposition to the proposed development. She stated that
currently there is only one (1) ingress/egress for Graceview Estates and that there are two cul-de-sacs
which are dead ends. According to Klassen, the functional lengths of these cul-de-sacs are not in
compliance. She added that with an increase in traffic, there is an increased risk to the public.
Karl Terhaar, 241 4fh Avenue SE, approached the Councilors to state his opposition to the proposed
development. He addressed the following:
Standard 1: "Will not be detrimental to or endanger the is health, safety, morals, comfort,
convenience or general welfare of the neighborhood _ i
Standard 5: "Will be served adequately by
Terhaar spoke, not only as a resident, but also as
addressed the fact that currently, children are ablc
relative safety. With the addition of the proposed
risks for children and the handicapped. At
McDonald reported on a discussion he wit
School. He stated that the children are e
failed to ask why the children do choc
route to the Lab School.
Terhaar concluded by stating that
Ordinances and it would create co
e princ of the St. Joseph Lab School. He
4 enue and walk to the bus stops with
ere would be increased health and safety
~ tanning Commission meeting, Commissioner
haar regarding the children that walk to the Lab
d off rather than walking. Terhaar stated that he
to which he would have replied that there is no safe
6sed development would not be in compliance with the
safety concerns in the development.
Donald Fischer, 235 4th Avenue SE, addressed the Councilors as well in opposition to the proposed
development of Outlot A. He stated that he shares the same opinion that he is not opposed to
development of Outlot A; however, he is opposed to the particular proposal brought forth by S & H
Partnership to develop the property with two apartment buildings, quadplexes and a duplex. He stated
several reasons for his opposition. He too, stated that the proposal is not consistent with the 10 standards
and that it is not the right fit for this development. He spoke regarding the following:
Standard 1: "Will not be detrimental to or endanger the public health (...J or general welfare of the
neighborhood or the City."
Fischer stated that the traffic projections have been based solely on the residents in Graceview Estates. It
would not take into account the number of cars cutting through the neighborhood to access CR121 or
CR75. He added that increased traffic volume impedes people's willingness to be outside. He also stated
that, as a nation, children are a lot less active. According to Fischer, they are not ready for this type of
development.
November 6, 2008
Page 5 of 14
Kipp Dubow, legal counsel for the Graceview Coalition, approached the Council in opposition to the
proposed development. Dubow stated that the proposed development will affect the health, welfare and
safety of the community. The proposed development would create unsafe conditions in the neighborhood
and the residents cannot afford to make it safe. He added that when the second access to CR 121 is
constructed, the developer can reapply for a special use permit. Dubow stated that in his opinion the
community has changed dramatically since 2002 when the original concept was approved. The changes
in the community should be enough for the City to reconsider the application before them at this time.
Dubow reiterated that the property in question is zoned R1 and the residents in the area are not opposed
to single family development of the subject property.
Carol Jenkins, 360 N. Carrington Avenue, Buffalo, WY 82834, spoke in opposition to the proposed
development. She stated that she and her husband own property at 506 Graceview Loop and they
oppose the special use permit to construct multiple family dwelling units. She discussed the Planned Unit
Development and Special Use Permit Processes. She stated that the "PUD permitting process is a two-
way street" between the developer and the jurisdiction over a phased period of time. She added that the
"city ordinances place requirements and time restrictions on both the PUD and the SUP processes and
the permits that are issued are not open-ended". She reviewed some of the history of the development of
Graceview Estates. She stated that "there is a pattern of behavior by these developers of taking action
before ensuring that legal entitlements are granted and secured and blaming others for the consequences
of these actions." She added that the "City is not responsible for the developer's decision to buy and sell
the property without legal and current entitlements, including the required special use permits." According
to Jenkins, S & H has not yet applied for the special use permit as required; therefore the Council cannot
act on the matter.
Brad Cobb, 333 4rh Avenue SE, approached the Councilors a t that he was prepared to speak
about safety; however, he would simply address one item, ess to 121. According to the Planning
Commission minutes of December 19, 2001, the City C it a Plan Commission have agreed to
an east/west corridor -Field Street to be constructed on thern edge of the property. It was to be
constructed in 2006. He stated that it is now 2008 d he i t aware of any construction plans.
Jeff Tesch, 407 Elena Lane, addressed the Counci s pect to the following standard:
Standard 3: "Will be designed, co d change the essential character of that area"
He stated that the proposed apartment din and nhomes will dramatically change the character of
the area. According to Tesch, the large i ceview, currently, is 24' to the ridgeline. The
largest building, as proposed, wou the ridgeline, which is 58% taller. He added that the
apartment building will be ten ti the f a typical single family home. Again, the proposed
apartments will dramatically ch a the c rac er of Graceview Estates.
Josh Wimmer, 450 Elena Lane, sta t the issuance of a Special Use Permit must conform to the
Comprehensive Plan. Currently, the C y is updating the Comprehensive Plan. Chapter 5 indicates that
St. Joseph has a higher vacancy rate than others in the surrounding area. He questioned who will rent the
proposed units with the College of St. Benedict and St. John's University requiring students to live on
campus. In his opinion, with the current status of the economy, the proposed development will be a
detriment to the neighborhood.
Sarah Pennings, 346 4`h Avenue SE, approached the Council in opposition to the proposed development.
She stated that the proposed development is not safe and they (the residents) nor the City cannot afford
to make it safer. She added that it is out of character for the area. She stated that they would like the
Council to deny the application and future development should include the following conditions:
1. Two access roads to County Road 121 must be built before any further development of
Graceview Estates.
2. Any development of Outlot A must be owner units rather than rental units.
3. The roof height at the ridgeline must not exceed that of the highest structure currently built in the
Graceview Estates Development. Any apartments should not be larger than any of the current
townhomes in Graceview Estates.
November 6, 2008
Page 6 of 14
4. Any impact costs for infrastructure should be carried by the developer.
5. Any costs to negotiate negative impacts to the surrounding area should be carried by the
developer.
6. Any negative impacts requiring mitigation should include effective protection of privacy for
adjacent homes, light pollution, noise caused by increased density and effective traffic and view
shed protection. This includes mature trees 25' or higher, LED lights with full shading, a 6' berm
with fence and two rows of trees behind it.
Pennings stated that had the developer presented a plan with lower density and followed the proper
procedures, the residents would not have had so much opposition. She stated that they have nothing
against those who would possibly rent those units. She added that it is about the safety of the families
that currently live there. She stated that she has two children and they moved to St. Joseph because it is
quiet and because of the character and closeness of the neighborhood along with the safe atmosphere.
According to Pennings, this development clearly does not meet the ten conditions for a special use
permit. She added that they are not opposed to development, but this development. They are asking the
Council to deny the application because it is out of character, not safe and the developer did not follow
the proper process.
Igor Lenznor, Rieke Noonan, approached the Councilors representing both the original developer and S &
H Partnership. Along with him was Bob Herges, the original developer and Linda Brown and Brian
Benjamin with Bonestroo.
Bob Herges stated that he is the original developer of Grace
development. The property was purchased in 1991 from the
that the property be developed to include housing for all w
single family homes and patio homes. Herges stated th ~
Harrison, to create a plan for the development. Harrison
lifecycle housing concept. Lifecycle housing contai hour
Beginning -Apartments,
Townhomes,
Single Faq~om
tates. He gave a brief history of the
r St. Benedict. The Sisters required
of life as apartments, townhomes,
~ed a p essional land developer, Rick
n for developing PURDs using the
or different stages of life such as:
Homes
End -Retirement Housing
The Council was presented wi concep o include all types of housing and it was approved as such.
The planning, designing and engi ring ocess took over a year. They met with the City Council,
Planning Commission and Park Bo of the issues that are being addressed now, were addressed
then. Originally, they had one 80-unit ilding shown; however, the city requested two buildings instead.
Graceview was then platted with two apartment buildings. The plat that was presented and approved in
2002 is exactly the same as the development that has occurred to date. In fact, if an aerial photograph
where superimposed over the preliminary plat, it would match. They helped to build Callaway Street from
4th Avenue to County Road 121.
Herges stated that once they presented their final plans for Graceview Estates, the St. Cloud times did an
article about the proposed development. In his opinion, those residents that say they were unaware of the
proposed apartments, did not do their homework as they were on all of the plans that were approved.
On behalf of S & H, Herges stated that they met with the City several times and were given assurances
based on the plans that it would be approved. They moved forward with the sale based on those
assurances by the City. S & H built and owns several apartments in the St. Cloud area.
Herges added that there are lots of lots and unit left to sell and develop. They are trying to offer housing
types for everyone. According to Herges, this is the best looking development in the City.
November 6, 2008
Page 7 of 14
Linda Brown, approached the Council as the engineer that worked on the original plans as well as the
current plans. She stated that in 2002, they were working with the PURD which was an overlay for an R1
zoning. She added that the utilities were designed to service both apartments and townhomes. The
roadways were also built to serve the entire development. In 2002, the Council approved 2 - 40 unit
apartments, 1 - 8 plex and 1 -10 Alex. With the proposed development, they are looking to reduce the
density by 13 units with 1 - 35 unit and 1 - 40 unit apartment, 2 - 4 plex and a duplex.
Brown stated that in 2002, an EAW was required and completed. The EAW was reviewed by
approximately 50 different agencies. None of the agencies replied with concerns about whether or not the
roads were capable of serving the entire 91 acres.
Lenznor approached the Councilors again to address several issues. There is the argument that the
developer did not follow the proper procedures for a special use permit. The Council approved a special
use permit in 2002 for the 91 acres. The developer came back after the process was started and was told
that an additional special use permit was needed. He stated that when the original project came before
the City Council, they approved the entire 91 acres. The original special use permit was required to allow
for density greater than what was traditionally allowed in an R1. Roads were never an issue at that time.
He stated that now there is some concern that 4th Avenue SE cannot handle the additional traffic. Based
on what he has heard, the City Engineer has not said that the road cannot handle the increased traffic.
The Planning Commission has asked for the south access (Field Street) to be constructed prior to any
development. As the City was unsure where Field Street will be, th eveloper was asked to dedicate 60'
ROW as a condition of preliminary plat. When the original ~lat w pproved, the developer was required
to pay for apportion of the construction of Callaway from 4 h A u CR121. In addition, the developer
was required to pay a $250 impact fee for each lot for futur~ads in development.
Lenznor stated that the residents feel that it is a burden ity to not have adequate crosswalks. He
stated that the additional property tax revenue came use traffic/safety.
Frank stated that the Planning Commission
stating that the current roads are adequat
count is done. Lenznor stated that the ~
development up until it is completed. H
affic count be done and the developer is
q Toned if they are afraid of the results if a traffic
a t is count; however, they cannot hold the
affic count may help to determine when Field
Street will be constructed.
Brian Benjamin, spoke to the cilors a ransportation Engineer with Bonestroo. He stated that he
has looked at the City Engineer's is c nts as well as the Comprehensive Plan and the APO
standards. It appears that the roads equate. With respect to crosswalks, Benjamin stated that they
provide a false sense of security as th are generally not signed appropriately.
Cory Gerads, builder for the proposed development, approached the Councilors and showed a visual of
the proposed apartment buildings. He stated that they will have tuck-under garages available as well a
detached garage option, exercise rooms and a community room. They plan to use high end products
rather than the standard apartment building. These apartments will be a perfect fit for the neighborhood.
Based on comments made by the developer, Dubow made the following comments:
1. He stated that the comment that was made with respect to the residents not doing their
homework is incorrect. He advised the Councilors that there was a sign on the property that listed
the different housing styles and apartments were not listed.
2. The community should not be vesting their safety on federal funding that may someday be
received.
November 6, 2008
Page 8 of 14
Herges approached the Councilors and stated that he was responsible for the sign placed in the
development. The sign did not list the apartments as the purpose of the sign was to benefit the five
builders that were building homes Graceview Estates rather than promote the apartment.
Rassier stated that they have talked about the different roads going in and out of the development. At full
build-out, it is anticipated that the residents of the proposed development will have four ingress/egress
options. There were some questions relating to the length of the cul-de-sac and he stated that it was
approved as such on the concept plan. It was extended because it was a good fit for this development.
He is aware of the fact that the apartments in St. Joseph are not full; however, he stated that studies have
been done that show that there is a shortage of apartments in the City. The widening of 4th Avenue was
not discussed as part of the development; rather it was investigated as the residents stated that the
streets were too narrow. The Planning Commission approved facts of finding supporting the development.
According to Rassier, the proposed development is the same as the concept plan and the outlot should
be developed as presented.
Schultz stated that he lives on 7th Avenue SE and that the residents in that neighborhood filled the room
back in 2001/2002 when the original plans were presented. Different designs were suggested at that time,
but the plans that were approved are what the Planning Commission and City Council wanted at that
time. He stated that what looked good in 2002 may not look good now.
Symanietz added that she lives in Graceview Estates and when she bought her house, she did not see
any maps showing the apartments. According to Symanietz, lots of residents were misled. She added
that there is different evidence now to show the need for another a ss road. Currently, with cars parked
on both sides of the road, cars cannot get through.
Wick reported that he went through the Planning Commiss' minute which they discussed the
proposed development to understand what was approv 20 Wic tated that in his opinion, the
Graceview Estates 2 plat did not show any townhomes ents. The 2002 Comprehensive Plan
shows this area as R1. Wick stated that the draft p for now shows this area as Multi Family
Residential. Graceview Estates 3 was approved c t w he Comprehensive Plan and the PUD
Ordinance.
He also advised the Councilors that, in , t PU Ordinance was changed to the current PUD and
there have been two PUD amendments c . It appears that the developer has been changing
the Ordinances throughout the pro ding to Wick, there are significant differences between PUD
and PURD.
Based on information provided b De oper, Wick addressed the following from the Citizens
Committee in reference to the Field study and the designation of Dale Street as a collector. He
referenced the following: "Safety - Ap roximately 34 private driveways, getting in and out of these
driveways would be coming increasingly difficult. Safety -access spacing for full intersections is
approximately one (1) street per 390 feet. Collector roadways should have one (1) full movement
intersection per 660 feet and private access should not be permitted. Again, turning onto and from these
roadways becomes difficult as traffic increases. Neighborhood Impacts -This roadway is currently
functioning as a local neighborhood street. Changing the character of this area by changing the roadway
to a collector road may be undesirable for the surrounding neighbors". According to Wick, 4th Avenue is
being designated as a collector and he stated that there are some safety/access issues to deal with.
Frank stated that when he first heard about the proposed apartments, he was very negative. He was
under the impression that this area was zoned R1 according to the maps of the area. With respect to
residents not doing enough research, Frank stated that the real estate agents and the City need to be
more open. He stated that as he looked at it, he was inclined to say that City should try to make the
development work.
November 6, 2008
Page 9 of 14
The additional roads need to go in; however, they keep getting put off. He requested that people stop
referring to the east/west corridor as Field Street. Frank added that he attended the Planning Commission
meeting at which he said the developer stated they do not want to pay for the additional roads. He stated
that the residents are not to look at the cost/benefits of the proposed development; however, the
developer stated that the proposed apartments will bring added revenue to the City. Frank stated that it
will not generate too much revenue as there is infrastructure needed. Frank added that Waite Park has
several more apartment buildings than St. Joseph and they also receive more police calls. Sabart
advised the Council that utilities have been designed for the entire 91 acres, including the size needed for
multiple family structures. Frank questioned what the costs would be for the construction of the roads.
Sabart replied that to construct a 2 lane road with median extending from Elena Lane to CR121, the
estimated cost would be $782,000.
Frank commented that the language in the Comprehensive Plan is not as good as it should be. He
questioned why there is no staging in the proposed development going from R1 to Townhomes and finally
the apartments. Brown stated that the proposed plan is part of a lifecycle plan. Frank questioned whether
the proposed plan could be shown as different configurations. Brown responded and stated that the
developer is not the original owner of the property.
Wick also addressed the following in the Developer Agreement:
" For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive
Plan or official land use controls shall affect the use, development density, lot size, lot layout or
dedication of the development..."
He stated that these agreements were made in 2003, 2004, and 5. According to Wick, this clause is in
the Development Agreement to protect the City from these ty o 'ngs. He stated that these items
need to stay under current controls.
Frank questioned whether or not this item can be put on which Rassier stated it cannot.
Jovanovich stated that the land use application be ss~was originally accepted by the City in
July 2008. MN Statute requires that land use appli i cted on within 60 days of submission of a
completed application; however, the City c en time frame and additional 60 days which the City
has already completed. Therefore, the ncil ust tion on the application before them to avoid the
application being approved by default.
Wick made a motion to close~pul~h~ng. The motion was seconded by Schultz.
Discussion: Jacque Fren ppr hed the Councilors for a second time. She stated that this
was the first time that she h f 4th Avenue being designated as a collector street. French
added that the residents were iven no notice of the change.
Don Fischer, 235 4tn Avenue SE, re-addressed the Councilors as well. He stated that, according
to the APO, collector roads should have unlimited access for vehicles to include large trucks.
There are signs at both ends which limit the size of vehicles in the development. He questioned
whether 4th Avenue SE functions as a collector road to which he stated it does not. He also
questioned the studies that have been done with respect to the need for additional apartments.
He questioned whether that was done prior to the College of St. Benedict and St. John's
University stating their 4-year residency requirements for students. Rassier stated that they were
done prior to which Fischer stated that there will additional vacancies as a result.
Carol Jenkins, approached the Councilors again as well. She stated that she is confused as the
road was built as a 7-ton road, but he signs say it is a 5-ton road. The plat shows R1, but it is
actually multi-family. She again stated that she is confused.
November 6, 2008
Page 10 of 14
David Marquart, 517 Ellie Ct. approached the Councilors and stated that the proposed fence
along the proposed development would abut his yard. He stated that he would like to give input
as to the construction of that fence along his property line.
The motion passed unanimously.
Rassier advised the Council that they must make a decision. Jovanovich stated that once the Council has
made a decision to approve or deny the application, he would like to give staff time to prepare the findings
of fact based on the Council's reasons for their decision. Wick questioned whether they need to follow
Roberts' Rules which states that they must make a motion in the positive rather than a negative.
Jovanovich stated that it can be made either way, but it must pass 3:2.
Wick made a motion to deny the Special Use Permit for Graceview Estates. The motion was
seconded by Schultz.
Discussion: Rassier questioned Symanietz as to whether or not she was comfortable voting on
this issue. She stated she was.
Ayes: Wick, Schultz, Symanietz, Frank
Nays: Rassier Motion Carried 4:1:0
The Councilors each stated their reasons for the approval/denial of the Special Use Permit.
Rassier Stated that he agrees with the original facts of fi g approved by the Planning
Commission therefore he voted against them deny the land use application.
Symanietz Stated that she voted in favor of the mo ' to ny the7pecial Use Permit as there is
"no second access in place and it woul imental to the residents involving safety
issues going in and out of their dri ways' .
Wick Stated that he voted to deny the S i ermit based on the following:
^ "From a standpoint a velo rs Agreement and the State Statute of the 2 year
limitation, the origin riginal developers have been following both the
Comp Plan of a e Ordinances since then and I don't see any reason why
the new pr y o r Id need to fall back to the old ordinances. From the City's
standpoin , need keep current our land use controls."
^ "We also tal bo tatement #3 in the codes, well actually Statement #2, it's not
harmonious wit omp plan."
^ "We also talked b efly about traffic and although it's not, it's one of the things that's in
there, there are inconsistencies with traffic projections in original worksheets and
application and actual 2006 transportation plan with full build-out, indicated 1200
traffic through 4th Avenue. I think that area needs to be looked at."
• "Zoned, right now, R1. That's in here as well underneath #2 subd. Ordinance. #3 as
far as being harmonious with neighborhoods. 2 - 3story apartment buildings going
into an R1."
• ~~
~+##"Per Wick, item was to be stricken.
^ "We talked about #8 -vehicle approaches and concerns about calling 4th Avenue a
collector road when nothing happened with the 2-block area."
^ With respect to item #1, Wick stated the proper language "it's not against the
developer, it's against the process. It's stated in there as well. It should follow the
process for the new Ordinance and comp plan changes. Need to first do the comp
plan changes and then the Ordinance changes."
November 6, 2008
Page 11 of 14
Schultz Stated that he concurs with the findings of Wick, adding the following:
• "2"d Access is necessary due to increase in traffic (potential). Traffic concerns not
adequately dealt withfcurrent congestions/interference. More than 12 units. Field
Street 2006/2008."
^ "Failed to follow proper procedure. Permit became void. Developer has yet to re-
apply. Re-application is necessary."
^ "Increased traffic will interfere with current public thoroughfare."
^ "Lack of buffer/harmony/appearance to general vicinity."
• "Rental occupancy in conflict with Comp plan."
Frank Frank concurred with the findings stated above and added:
• Special Use Standard #6 "will not create excessive additional requirements of public
costs for public facilities and services and will not be detrimental to the economic
welfare of the community especially in light of the developer saying they should not
pay for the road and the estimated 700,000+ and the impact to other services."
Schultr made a motion to continue this matter until November 12 to allow the City Attorney to
prepare the final findings denying the Special Use Permit based on the findings of each Councilor.
On November 12, 2008 the Council will review the findings for finalization and submittal to the
Developer.
Ayes: Wick, Symanietz, Frank, Schultz
Nays: Rassier Motio tried 4:1:0
Schultr made a motion to deny the PUD Amendment b don tll~ame facts of findings
identified by each member of the Council. The moti as cond by Wick.
Ayes: Wick, Symanietr, Frank, Schultr
Nays: Rassier ~ n Carried 4:1:0
Wick made a motion to deny the re-plat of Grac 'e es 2 based on the same facts of finding
identified by each member of the Coun ' e on was seconded by Symanietr.
Ayes: Wick, Symanietz, Fra ch
Nays: Rassier Motion Carried 4:1:0
T
Schultz made a motion to ext the a time until 10:30p.m. The motion was seconded by
Frank and passed unanimou by tho present. (Wick was not present for this motion)
COUNCIL REPORTS
SYMANIETZ
Misc Info: Symanietz advised the Council that she had some information relating to energy and windmills.
The information was presented to Weyrens.
St. Cloud Area Joint Planning Board: Symanietz reported that she is a member of the sub-committee for
cities going green.
SCHULTZ - No Report
2 AM Bar Closing: Rassier stated that previously, the Council conducted a public hearing to accept
testimony on the potential extension of bar hours until 2 AM at which time the Council requested
additional information. Weyrens presented the Council with information from the Police Chief as well as
the area cities. The area Cities indicated that they have not seen an increase in activity since the
implementation of the extended hours. There were some questions relating to the fees for extending the
November 6, 2008
Page 12 of 14
hours. Weyrens advised the Council that the fee is administered through the State of Minnesota. The City
can only add a fee for the extended hours if there is a nexus to the fee charged.
Frank stated that he spoke with Mike Williams, City of St. Cloud and the City Administrator for the City of
Bartell and neither of them have experienced any problems with the extension of the bar hours. In his
opinion, St. Joseph has a different situation. Frank stated that during discussions with other communities
he noticed that the fees charged by St. Joseph are on the light side and suggested that the City review
the fees along with any Ordinance Amendment.
Chief Jansky approached the Councilors and stated that with the extension of the bar hours, there may
be some overtime required at times as he stated that he does not plan to adjust the schedule until it is
necessary. Schultz questioned if they can call for extra help on Fridays and Saturdays, if needed. Jansky
replied that they can call for mutual aid, if necessary.
Frank stated that the Colleges are willing to purchase ID readers for each of liquor license establishment
provided they are used. Jansky stated that he has spoken with several of the bar owners and managers
and they stated that they would be willing to use them if they were installed. Wick suggested that if the
readers are installed as control measure to help alleviate minor consumption, the City may consider
raising the fee for underage consumption.
Wick questioned how day light savings time would be handled. Zimmer stated that they would continue to
close at 2AM as scheduled.
Weyrens advised the Council that staff would like authorization epare an amendment for such.
Jansky stated that the parking ordinance may need to be am a well if they plan to allow parking on
the streets past 2AM.
Frank suggested that the City try the 2AM bar closing fo ar as the license is issued annually by the
State, limiting the extended hours to Friday and S rday ts. He also suggested that all bars be
required to use the ID readers and that the fine fo~be eased.
Weyrens questioned how the Council wou to h le special events that may want to extend past
midnight as limited by the current ordin . R sier ted that the extension would need to be
approved by the Council with their spec v
Wick questioned the limiting of days th~eek to Friday and Saturday. He questioned how special
dates such as St. Patrick's Da uld be nd ed. Schultz suggested that it be all or none for the 2AM
closing.
Rassier suggested that the Ordinance mendment be brought to the Council in December for approval
and would then be effective in January. Wick asked for staff to prepare two different amendments, one
with the limiting of days to Friday, Saturday and special days and one with no limitations to the days.
CITY ENGINEER REPORTS
Southwest Beltway: Sabart stated that he attended the 1~ meeting of the Advisory Committee meeting of
the Southwest Beltway with Councilor Wick. He stated that they are working with various agencies on
review comments for the draft scoping document. There are three different build alternatives that have
been graphically defined. There is a public input meeting scheduled for January 7 in Waite Park. Frank
questioned if St. Joseph has chosen a preferred alternative to which Sabart stated that the scope of the
Study is not to identify one preferred route. Rather, the study will identify areas which can be studied
further; the document is only a scoping document.
November 6, 2008
Page 13 of 14
Symanietz made a motion accepting the alternatives that have been graphically identified and
request Stearns County to review the three built alternatives and begin the public input phase.
The motion was seconded by Wick and passed unanimously.
MAYOR REPORTS
Due to time constraints, Rassier had no reports.
FRANK - No Report
WICK - No Report
COUNCIL REPORTS (continued)
ADMINISTRATOR REPORTS
Sales Tax Committee. Survey Request: Weyrens advised the Council that the Sales Tax Committee
would like to do a mailing/survey to get input from the Community on components residents would like to
see in a Community Center. In addition to the survey, SEH will be hosting an open house for residents to
discuss the components on November 18. The Sales Tax Committee has recommended mailing a post
card survey to the residents, explaining the process and inviting them to the open house. .
Rassier made a motion accepting the recommendation of the Sales Tax Committee, mailing a
survey to all residents requesting information on the definition of a Community Center. The
motion was seconded by Symanietz.
Discussion: Frank made the following comments relatin the survey:
1. There is likely to be little response.
2. Surveys will be coming in for a long time.
3. By sending it to the property owners, as ed i utility 'ng, renters, the Sisters, and
students living in the dorms will be left o rens stated that the survey will be made
available to the Monastery and st nts)
The motion passed unanimously.
Union Negotiations -AFSCME: Weyrens s hat negotiation team recently met with AFSCME to
begin labor negotiations. She advised t ou I tha ey should sit down and to review the proposal
and set some parameters. She suggest a 17th in a closed session after the public hearing
to which the Council concurred.
Antenna Lease: Weyrens pres d the ncil with an amendment to the tower lease between the City
of St. Joseph and Verizon. The ndm t allows for additional antennas and identifies the
responsibilities of each party. Durin mendment process, the City Attorney, Sue Dege, discovered
that Verizon has more antennas on th tower then they indicated. At this time Verizon has agreed to pay
the back rent which is approximately $ 20,000. Schultz questioned why all of the antenna lease revenues
are put in the water fund. Weyrens stated that 10% is put into the general fund and the balance into the
water fund to help pay for repairs and upkeep of the water tower. Frank questioned whether or not the
City should allow others to rent space on the tower as well. Weyrens stated that Sprint also has antennas
on the tower and the City is cautious about allowing additional vendors as they must access and cut into
the tower to install the equipment. At some point the City needs to worry about tower integrity.
Schultz made a motion to execute the Mayor and Administrator to execute the amendment to the
lease agreement with Verizon. The motion was seconded by Wick and passed unanimously.
Reouest to Refund Water/Sewer Access Fee: Weyrens advised the Council that when Graceview Estates
was developed, the developer, Pond View Ridge, paid all their hookup fees at the time of platting to avoid
the increased fees. At the time the fees were paid the Ordinance was silent as to whether or not
Water/Sewer Access fees could be prepaid and it was a significant savings to prepay. Since that time the
City has amended the Ordinance prohibiting the prepayment of WAC/SAC fees. They are now
November 6, 2008
Page 14 of 14
requesting a refund on those lots that have not been built. Weyrens stated that if the City were to refund
the fees, they would receive more money when they re-apply and pay the new fees. Wick stated that he
does not support the refunding of fees, especially since they were paid to avoid the increase, it was a risk
they took. He further stated that the City would be setting precedence to refund fees so he opposes the
refunding. The Council concurred with Wick and the Council by consensus denied the refund.
Parkway Business Center: According to Weyrens, they are really close to coming to an agreement with
the developer of the Parkway Business Center. They have a potential use for the area, but they first want
to finalize the Developer Agreement before marketing the lots. According to MN Statute, they cannot
legally be marketed until the final plat is approved. Weyrens stated that there is no infrastructure yet and
they plan to install the utilities privately in 2009. She added that they have no contractor picked yet for the
installation of the utilities. This matter should be ready for Council approval at the next regular meeting of
the Council.
Adjourn: Wick made a motion to adjourn at 10:20PM. The motion was seconded by Frank and
passed unanimously.
Judy Weyrens
Administrator
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