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[03a] Minutes
rrrti~ c~~ riT Jc~FrH Council Agenda Item OLD 3a MEETING DATE: January 15, 2009 AGENDA ITEM: Minutes -Requested Action: Approve the minutes of September 18, November 12 and December 18, 2008. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGET/FISCAL IMPACT: ATTACHMENTS: Minutes -September 18, 2008 Minutes -November 12, 2008 Minutes -December 18, 2008 REQUESTED COUNCIL ACTION: Requested Action: Approve the minutes of September 18, November 12 and December 18, 2008. September 18, 2008 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, September 18, 2008 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Rick Schultz., Administrator Judy Weyrens. City Representatives Present: City Engineer Randy Sabart, Public Works Director Terry Thene, Finance Director Lori Bartlett. Others Present: David DeMars, Sam DeLeo, Katherine Kraft, Margaret Hughes, Ellen Wahlstrom, Mariterese Woida, Thomasette Schuller, Sr. Kara Hennes Public Comments: No one present wished to speak. Agenda Approval: Symanietz made a motion to approve the agenda with the following changes/additions. The motion was seconded by Frank and pas"sed unanimously. Move 4.5 Move Parkway Business;Center (8a) Add 8a APO 2035 Land Use Plan Consent Agenda: Symanietz made a motion to approve the consent agenda; seconded by Wick and passed unanimously. a. Minutes -Approve the minutes of September'4, 2008. b. Bills Payable -Approve check numbers 040699-040738 and EFT numbers 000211- 000215 $ 000440. c. Election Judges -Appoint the Election Judges. for the November 4, 2008 General Election. ~ - d. Treasurers Report -Accept the August 2008 Treasurer's report and Financial position as presented. e. Donations =Accept the donations for disc golf, camping and a donation to the Fire Department. ~. ~ , f. lnte~im Use Permit-Accept the recommendation of the Planning Commission and `issue an Jntenm Use Permit to Michael Patnode, 117 - 4th Avenue SE. g. Interim Use. Permit -Accept the recommendation of the Planning Commission and issue an Interim Use Permit to Pok Ye `and Crystal Hughes, 415 - 7th Avenue SE. Parkwav Business Center: Weyrens presented the Council with the final plat for the Parkway Business Center. The Planning Commission has previously recommended the approval of the plat. Weyrens stated that staff concerns have been addressed and the Engineer has reviewed the final plat documents. With regard to the irriProvements, Weyrens stated that the Developer is requesting the City construct the improvements as a public project: The Developer has been made aware of the security requirements and has agreed to submit the same:` Igor Lenznor, Rinke Noonan, approached the Councilors to represent the developer. He stated that they are planning to develop the property in 2 or 3 phases. Lenznor submitted the revised final plat based on the requirements of the City to secure all the right-of-way at the time of the finalizing the first phase. Lenznor stated that the revised final plat includes the platting of the. holding ponds for all phases with the first phase. Again this is a requirement of the City Engineer. Sam DeLeo, surveyor for the developer, approached the Council. Delo stated that the ROW is illustrated on the final plat as outlots, but the plat can be revised to show the area as ROW instead of the outlot. The area will not change only the designation is plat illustration. September 18, 2008 Page 2 of 6 Delo stated that the initial construction will include grading of the entire site, with utilities extended to the first phase only. The proposed project will include water, sewer, street, curb, gutter and storm sewer. Delo stated it is his understanding that the City has a limited number of industrial lots with utilities and the developer is requesting to phase the plat minimizing the financial risk, It is anticipated that once the lots are developed they can be marketed quickly, as it is easier to sell shovel ready lots than lots with proposed improvements. Sabart asked for clarification on the extension of utilities, particularly the development of the holding ponds. Delo stated that the water and sewer will be installed in the area illustrated with the cul-de-sac all of the holding ponds will be developed and he will provided hydrology to illustrate which lots will drain to each pond. He further clarified that while the holding ponds will be developed, only the roads in the first phase will be developed. Access to the holding ponds outside of the first phase will be temporary unimproved access. - Rassier questioned where the sewer and water will be installed.; Sabart stated that it will be stubbed at Commerce with the trunk watermain at the intersection of CR133 and 19th Avenue. No additional infrastructure will be added. Frank questioned how much it would cost the City to construct this as a`public improvement. Weyrens stated that their would not be a cost to the City as the`developer would be`required to pay for the entire improvement through assessments. The developer would be required to submit a letter of credit to secure the assessments to minimize the risk to the City. There is an opportunity~,for the City to refinance some the existing City debt and if the timing works, tte new bond issue can be added, saving both the developer and resident issuance costs. Wick questioned whether they are being .asked to approve the final plat and the Developer Agreement or just the final plat. Weyrens advised the Council that they are being asked to approve only the final plat at this time. Sabart presented the timeline for the 429 process for the public improver+~ient project. It was stated that the developer is going to waive the requiremenffor apublic hearing an the improvement. • Council to order Feasibility Report September 2008 ' • Engineer to present Feasibility Report October 2008 • Council to receive report and order plans and specifications October 2008 • Authorize advertisement of~bids October 2008 • Publicatior'`of advertiseriient of bids October~2008 • ~ Bids Due November 4, 2008 • Award Bid November 6, 2008 He stated that this project will be~quick as tFie, plans and specs have already been completed by the developer's engineer. The developer plans tobreak ground in the middle of November. He added that the weather could. play a role in their project timeline. Schultz questioned whether there were any new updates on the North Corridor Project and the connections to 20th Avenue: Weyrens stated that they aren't any further and there are no good solutions. She stated that if 20th Avenue is not constructed, they will need to make an alternate connection to the East/West Corridor. DeLeo added that they have saved some land to the East of the property to be used for possible ROW. Wick questioned when the final plat will be brought back for approval. Weyrens stated that it can be brought back in October with the Developer Agreement. He also questioned whether the Feasibility Report will contain costs per lot to which he was advised it would. He then questioned what would happen if the costs come back more than other industrial lots. Weyrens stated that they would then discuss that with the developer. Lenznor stated that they have an idea of the costs and they seem to be slightly higher than those in the St. Cloud Industrial Park; however, they are not outrageous. DeLeo added that they have two engineering estimates and they are very close. He also stated that he spoke with a few September 18, 2008 Page 3 of 6 contractors and it would be best to lock in prices now. Lenznor stated that they spoke with their lender and public financing would make more sense. Frank made a motion to authorize the preparation of the feasibility report for the Parkway Business Center project provided the developer submits a written statement requesting the use of the public improvement process, waiving their right to the public improvement hearing. The motion was seconded by Symanietz and passed unanimously. Discussion: Wick questioned the cost of the feasibility report. Weyrens stated that the costs would be borne by the developer. Lenznor questioned the Council as to whether the approval of the final plat was contingent upon the road change. He added that they would like to move forward with a letter"of credit as they have some timing issues. Wick advised Lenznor that the final plat is generally approved with the Developer Agreement. Weyrens stated that approval is contingent upon execution of:the agreement. Todd Rodenwald spoke as the developer and stated that they are requesting approval~of the final plat as they need to show progress. Lenznor added that they need to take something`to the lerider. Frank suggested a letter from the Administrator and Mayor. Wick stated that he will nit support approval of the final plat at this time. Weyrens suggested adding some wording to the resolution that the plat is~acceptable. Schultz made a motion to authorizing the Mayor and Administrator to execute fhe resolution Ordering the Feasibility Report based on the City~receiving a"plat that by consensus is agreeable subject to a minor change. The motion was seconded,by Symanietz and passed.unanimously. CITY ENGINEER REPORTS Iris Lane Construction: Saban advised the Council that on Iris Lane west of the Northland Heights subdivision, there is an existing drain the system that is creating difficulties for the Public Works Staff. He stated that they have been working with the contractor and will be added "clean outs" in the boulevard. The construction would: begin in mid-October. '~ _ School Speed Zone: Saban discussed the possibility of a school speed zone along Jade Road. He advised the Council that in order to create a speed zone, the City must first request the completion of a traffic study... The estimated cost would be $2-3,000, but he stated he would bring back costs at a future meeting. , The minimum speed in a speed zone is 15mph; however, it cannot be more than 30 miles below the posted speed;~limit. It is posted at 55, so the minimum speed would be 25mph. Frank questioned the possibility of lighted signs to alertdrivers. Sabart stated that the more aware drivers are the better. Symanietz suggested stacked signs to lower the speed when children are present. Saban also suggested warning drivers of the curvature in the road. Symanietz questioned whether there are any funds available from other sources. Saban stated that is he unsure if there are any costs sharsrg opportunities for the City. Wick questioned if Jade Road is a City Road or a County Road. PUBLIC WORKS DIRECTOR REPORTS Sauk River Watershed District: Public Works Director Terry Thene reported that the Sauk River Watershed held their annual event at Millstream Park. It went very well and there were approximately 600 people at the event. Stn Avenue: The Council questioned Thene and Sabart about a red mark that was placed along Stn Avenue where sinking occurred. They questioned whether or not this area would be corrected as it appears to have a dip. Saban stated that the contractor was advised to leave it as is as they thought it September 18, 2008 Page 4 of 6 may get worse if they try to correct it. Rassier stated that he disagreed and requested that this area be reviewed. Sod Issues: Frank stated that he has received concerns regarding contractor responsibility during code restoration of City projects. Some residents abutting the 2006 Improvement project have been raising concerns about the quality of sod and the care provided by the contractor. Frank questioned Sabart and Thene as to how restoration is handled. Sabart stated that the general industry standard for sod restoration includes a 30 day maintenance/warranty from the contractor. He further stated that restoration is one of the most difficult parts of any City improvement. While the contractor may water the sod/seed for 30 days, many times the resident will also need to care for the new lawn to facility germination. The City could extend the warranty an additional 30 days, but that would only lead to an increase in project cost. He added that they have been communicating with residents. by newsletter about their responsibility for the sod once it is past the 30 days. There are two reasons why the `sod dies: 1. Placement issues 2. Property owner responsibility after 30 days Frank questioned what happens if the sod sinks after the first 30 days. Sabart tated that it may be a placement issue; however, if the sod is not watered;,it will shrink. Sometimes it is, hard to determine whether or not it is a placement issue or a watering issue. ~~~~__~ Thene stated that he has had some sod issues with Charter.-This was not a City project and thus he referred residents to Charter to get things resolved. MAYOR REPORTS School Ribbon Cuttin4: Rassier stated that he attended the ribbon cutting for the new school. They had a nice turnout and they,we~e able to have the contractor; architect; principal, teachers and students present for the ceremony. r:. Y Librar :Rassier advised the Council and the Public that the St. Cloud Library will be having their grand opening thisweekend. They will be lowering„the flag at ttie. old library, followed by a children's parade and the grand opening of tti"e new lifjrary. He also stated thattof the regional sales tax, St. Joseph contributed the first $900.000 to the library. Email etiquette: Rassier stated,`that recently he has received several emails. He asked that residents avoid negative comments about•.City Staff.` COUNCIL REPORTS SYMAN I ETZ League of Minnesota Cities'Plannir~g Committee: Symanietz reported that they are working on plans for the conference which will be held in St. Paul at the River Center. Park Board: Symanietz stated that the Park Board met and they are working on finalizing ideas and preparing for the public meeting. WICK Partnership: Wick reported that he attended the Partnership meeting at ING Bank. He stated that ING is doing fairly weU and they are still hiring technical professionals in the St. Cloud Area. September 18, 2008 Page 5 of 6 Rassier questioned Wick to whether they are still working on a Bioscience area. He stated that they are working on this and it would be a big benefit for the St, Cloud Area. School: Wick stated that also attended the ribbon cutting ceremony and toured the new facility. He stated that it is a nice facility. Millstream Arts Festival: Wick reminded the Council and the Public that the Millstream Arts Festival will be held on September 28 in downtown St. Joseph. There will be 38 artists and 11 food vendors. They expect to have about 4,000 people attend the event. He also stated that there will be some road closures due to the event. SCHULTZ - No Report FRANK Newsletter: Frank questioned when the next newsletter would be sect and whether it addressed the Planning opportunity available for the Council. Weyrens stated that it will be addressed and it is expected to go out around October 19. Alternative Sound: Frank questioned whether or not Weyrens heard any updates from Waite Park about alternative sound options. Weyrens stated she had not heard anything yet. Budget: Frank stated that the Council recently set the levy; however they are still working on the budget. He questioned the possibility of each department using performance standards as a way to measure whether or not the goals of each new piece of `equipment were achieved. He asked for each department to come up with one standard. ADMINISTRATOR REPORTS APO 2035 Plan: Frank stated that, at,the last meeting, they were asked to vote on the APO 2035 Plan to which he did not have adequate information to discuss or participate in the voting process. The APO plan shows single family housing near Lake Sarah and he stated that it should be a mix of multi-family and commercial:"Wick stated that when the plan is done, it is a mixture of all the area comprehensive plans th?hare put together for a'traffic model: Saban stated that the APO tries to take the area Cities land use and place it on their map for future roads. The~sfaff can provide additional information to the Council and will review the land use plan being used by the APO. Staffing Reciuest: Weyrens stated that the Administration Receptionist/Secretary is on leave for six weeks and requested'aithorization to hire a temporary staff until her return. Frank made a motion to authariee the hiring of a temporary staff person. The motion was seconded by Symanietz. Discussion: Schulte questioned who is in charge when Weyrens is unavailable. The Council was advised that Bartlett is second in command. The motion passed unanimously. 2009 CIP Plan: Frank stated that they have been doing a pretty good job with the budget, but times are bad right now. He stated that he does not believe in cuts across the board. The City may need to do a 0 increase for 2009 which would reduce the budget by 3%. He would like to see staff come up with a list of recommendations and priorities of items that can be cut. September 18, 2008 Page 6 of 6 Intergovernmental Meeting: Weyrens advised the Council that the Intergovernmental Meeting will be held on September 30 at 5:30 at the Sauk Rapid Fire Hall. The agenda will include the St. Cloud Waste Water Update. Stearns County Meeting: Symanietz reported that the meeting will be held at the Library on October 21. Rental Map: Weyrens stated that the rental map requested by the Council will be available with the Comprehensive Plan on the Website. Budget Meetings: The Council wilt meet on the following dates: • October 14 6:00 PM Capital Improvement Plan • October 21 5:30 PM General Fund f~ Ad'ourn: Wick made a motion to adjourn; seconded by Schultz and passed unanimously. Judy Weyrens Administrator December 18, 2008 Page 1 of 11 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, December 18, 2008 at 6:30 PM in the St. Joseph City Hall. Closed Session: Wick made a motion to close the public meeting to consider and discuss strategy for labor negotiations and review negotiation proposals pursuant to Minn Stat Sec 179A.01 to 179A.25(the Public Employment Labor Relations Act) and pursuant to Minn Stat Sec 13D.03, Subd 1 (b)(the Open Meeting Law)." The motion was seconded by Frank and passed unanimously. The meeting was opened at 7:00 PM. Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz, Steve Frank City Administrator Judy Weyrens City Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry Thene, Police Chief Pete Jansky City Engineer Randy Sabart Others Present: T. Schuler, Irene Reber, Mariterese Woda, Ellen & Bob Wahlstrom, Brian Andersen, Brent Walz, Mark Zimmer, Paula Revier, C Smith-Strack;'Joe Walz, Nelda Dehn, Kenny Loso Public Comments - No one present wished to speak. A ends: S manietz made a motion to a f ~_ y pppove the agenda with the following changesladditions: Move Items 4g j for discussion after approval of the consent agenda Add 12e - Graceview Update The motion was seconded by Wick and passed unanimously. '~ Consent Agenda: Wick made a motion to approve the consent agenda as follows: a. Minutes -Approve the minutes of November 20, December 2 and December 4, 2008. b. Bills Payable -Approve check numbers 041 0 66-041 1 07 and EFT numbers 040429-040435. c. Application for Payment -Authorize the Mayor to execute Pay Application #5 (Final) for the 2006 8`t' Avenue NE Improvernents and authorize payment to C 8~ L Excavating in the amount of $7,957.89. d. Acceptance of Guts.- Accept the donations and their purposes as presented. e. Treasurer's Report-Accept the November 2008 Treasurer's Report. ~, f. NightCAP Program -Approve and authorize the Police Chief and Administrator to execute the Grant Contract for'Operation NightCAP. '~ , The motion was seconded by Schultz and passed unanimously. 4(q) -Fire Report: Frank stated -that he reviewed the 6month fire report and noticed that there were a few addresses at which the fire department was called several times. For example, there is anon-profit group home on 6th Avenue which was listed 12-15 times. He questioned the possibility of charging for fire calls after a certain number of false alarms or incidences. Jansky advised Frank that many of those calls are for medical situations. Weyrens stated that, according to the League, the City cannot charge for those types of calls and the City does not want to discourage residents from calling for help. Frank replied that when looking at cuts, the City should look at everything and suggested a sliding fee for false alarms. Jansky stated that the City has not had a lot of problems with false alarms. Frank requested that staff look at how this is handled in other cities. Weyrens s#ated that she would forward the memo from the League addressing this issue. Frank also stated that he did not realize that the bars hold events at which they are so packed that people cannot walk around. He also was not aware of the fact that the City does not follow the fire code as to the December 18, 2008 Page 2 of 11 number of people allowed in an establishment and that they are not inspected. He stated that this is a catastrophe waiting to happen. Weyrens stated that the City can required a Class A fire inspection in conjunction with a liquor license, but the requirements may not be accepted by the license holders. In an effort to provide information on the impact of Fire Inspections, the Building Official will make a presentation to the Council in February. 4(h) -Vehicle Lease: Frank questioned Jansky about the leasing of the Police vehicles. He stated that St. Joseph has a very tight budget for the Police Department, but he asked the Chief to consider the following: • Does the City really need the car as we just purchased the SUV? Jansky stated that, yes; the vehicle is needed as the SUV is not used for daily patrol. In the past, the City has leased 4 cars with 30,000 miles per year. Currently, there are 8 officers and they are paired up by squad car. Jansky added that he has looked at the cost differences between leasing and purchasing. The main difference is major repairs. Leases cover everything except tires and wipers. • Is the Crown Victoria the right car for the City? According to Jansky, it is the right car as there are some larger officers that are already squished in the current vehicles. He also stated that with a smaller car, there is less room for equipment. He feels that the Crown Victoria is the right vehicle as it works best for the community. 4(i) - Investment Polic :Wick questioned the following: ` .,~y • Page 2 "It will be the responsibility of the Cjty Council to direct the...." He questioned why it is not the responsibility.ofaan Investment Committee to direct the Administrator and Finance Director on how to,invest the City's funds. Bartlett replied that a committee has not been established. According t~o Weyrens, an investment committee has not been used for a number of years rather the City uses'a ladder system when determining how to invest City funds. • Does the City Council need to approve all investments? Bartlett stated that they do see all investment activity with the quarterly reports. '` . Bartlett added that the City tends to invest more money irismoney markets for cash flow purposes. Wick stated that it may be Better to have an outside person Help the City with investment decisions. Weyrens agreed that sometimes`that is a good idea. Currently, hey receive quotes from local banks, but it would be possible to re-look at an':investmentcommittee. Frank questioned who would be a good candidate to help the City with its investments. Weyrens stated that it should be someone with a strong financial background: Two:of the previoris members`ofthe investment committee were local residents. Wick made a motion to~table the approval of the amendment to the investment policy until an investment committee is created. Discussifln: Bartlett advised the Council that this can wait to be approved until January. Frank addressed some questions raised by~Mike McDonald to which he was advised they were previously. approved in the;Treasurer's Report. The motion was seconded by Symanietz and passed unanimously. 4(i) -Refuse Contract: Frank stated that he pulled the refuse contact for further discussion. He stated that he is an advocate of the contract and the recycling program. He understands that it may cost a dollar or so a month more; however, he is concerned with the phrase "rates to be negotiated". Currently, the City offers a 30, 60 or 90 gallon container with 60 gallon being the most common. Weyrens advised Frank that the monthly rate for the 60 gallon container is $15/month. Frank questioned what the increase will be. Weyrens stated that currently the City subsidizes the senior rate and the question is whether that rate should stay at 50% or not. Realistically, the new rate will be $15-20/month. Frank questioned what will happen if the bottom goes out of the recycling market and there is no money for recycling. He then questioned whether the contract could be renegotiated if they cannot offer the coupons. Weyrens suggested adding a clause stating that if the coupons are not $20 or greater, the contract should be renegotiated. December 18, 2008 Page 3 of 11 According to Rassier, more people may start recycling which is good even if they are not receiving a benefit. Residents will still see a benefit for the increase. Frank stated that one of the reasons why this contract was approved was the benefit. Weyrens stated that the City receives a better rate by approving a 3 year contract. Based on how the recycling bank program is set up, it would not work for the City to add a clause requiring a minimum benefit of $20/month. Wick addressed some items that needed correcting in the contract: • Page 1 3`d Line - `part of the second part' should read "part of the second party'. • Page 2 (g): This should be reworded to clarify that there will be a large item pickup on two consecutive weeks in both the spring and fall. Frank stated that when made his pitch for this particular vendor, he~said there were no complaints that he had received. Since then, he received a call from a resident in Graceview who stated that he has had an issue with trash flying out of the truck and not being picked. H'e suggested that there be more follow through with these types of issues. Wick made a motion to approve the following: • 4(g): Fire Report -Accept the fire report for the period June 1 through November 30, 2008. • 4(h): Vehicle Lease -Authorize execution of the lease agreement fora 2009 Crown Victoria for a period of four years at a monthly rate ~of $908.21. • 4(j): Refuse Contract -Authorize the Mayor and Administrator to execute the contract agreement between the City of St. Joseph and Allied Waste for the contract years 2009- 2011. The motion was seconded by Frank and pas's'ed: unanimously. St. Joseph Action Group - Comprehensive~Plan: EIIerr Wahistrom40g.8th Avenue NE, approached the Council representing the St Joseph. Action Group Preserving Special Places. They are looking to give input regarding 2008 comprehensive. plan. They~are requesting thatrthe City delay the approval of the Comprehensive Plan.` She stated that wanted to `expr'ess their appreciation to the Planning Commission and Cynthia Smith-Strack for. their work an the document. They; however, believe that there are some issues that still need more`discussion:'` Wahlstron~ stated that the Action Group became involved in the process in the beginning and have watched the process and gave input .A,iat of serious consideration was given to the Plan. Their understanding of the plari'is that thPt'~©mprehensive Plan is an envisioning process of what the City will be in 20 years. It provides a framework to;be used to guide planning for future growth. It also takes into consideration the idea of balarii;,e betwee~'the economy, environment and the health, welfare and wellbeing of the residents and visitors. They also looked at the societal changes that may take place. Wahlstrom stated that there are five items that need more attention: (some of them have been addressed further since their memo was presented to the City.) 1. Density and Conservation Design: In Chapter 11, this was put into the implementation. In Chapter 24, it was put in the commitment to education for those involved in the planning process. They would have liked to see more attention to this. This should not make it more difficult to development, but allows for as many houses as in the older standard designs, but does so in a manner that provides more livable, healthier environments for families and natural resources. She added that the City needs to start thinking differently about development. On behalf of the Action Group, they would like more attention to this item. 2. Surface Water -The implementation section requires that a Surface Water Management Plan be in place prior to proposed developments and subdivisions. She stated she is concerned about this because it is not only for development, but to understand surface water patterns in the City and how to protect and utilize them. She is concerned because there is nothing in the budget for December 18, 2008 Page 4 of 11 a Storm Water Management Plan for the City. This doesn't have to happen this year, but the City should get started on this so the City can afford one at some point. Based on the responses from Cynthia, there was some mention of a hydrological cycle. Wahlstrom stated that this is very important to the groundwater. She added that they are concerned about the language relating to wetlands as well. 3. Downtown Revitalization: Wahlstrom stated that there is no proactive language to say that the City should get going on the downtown revitalization. There are lot of qualified people in the community with good planning and ideas for downtown. Business owners have to be involved in the process as well. 4. Agricultural Zoning: Wahlstrom stated that there is a good definition about why the City should have agricultural land. The purpose being to establish and preserve land in the City for continuation of viable agricultural operations. She brought up the fact that the whole landscape is going to change in food production. There wilt be more local food production. Future land zoning shows nothing for agricultural zoning. When land comes into„city, it is zoned agricultural as a transition state until it is zoned according to future land use zoning. 5. Comprehensive Plan Maps: Sister Katherine Kraft approached the Councilors to discuss the need for some of the maps to be brought up to -date. According to Kraft, planning for roads is critical. On November 15, 2007, the Mayor and City Council extended the WSB contract to find different alternatives for Field Street. On July 29, 2008 during the MN Section 106 Review, WSB agreed to further amend several new proposed alternatives`such as G2a and G4 as directed by MN Dot. She added that the two latest alternatives meet the joint efforts of WSB and other agencies. There has been lots of effort put into other alternatives that are not shown on the maps. She stated that it is true that City Council has not accepted any alternatives for the Southern Corridor nor have they accepted any alternatives for the northern corridor: Kraft stated that the southerly alternatives shot3ld be shown as well. She also added that some°of the maps (maps 4-6 and 4- 6a) are being adjusted. She stated that the Comprehensive:_Plan should be as accurate and up to date as possible for,the Cities. protection. This vvas evident it the recent Graceview controversy where documentation, of roads not up to date. Kraft stated that there may be some costs associated with updating the maps. If they choose not to update the maps, she suggested that the City add footnotes explaining the status of the_ maps. This also needs to be done to benefit any new City Council and Planning Commission `members as well since they don't have all of the " complicated information and history of changes: Wahlstrom stated that they are asking that the Council delay action on the Comprehensive Plan. 2AM Bar Closing: Weyrens stated that the Council was provided with a draft ordinance which includes language to be consistent with state .statute as well as the following: • Device scanners to be used and there must be proof of use. • Liquor licenses fees to be 'increased • Length of time for closing' • Removal of garbage ~arid debris With the current matrix, it takes two incidents to make one aggravating factor; however with the use of the device scanners it would only take one incident to make an aggravating factor. Frank brought the Mankato matrix for discussion. He stated that St. Joseph's fees are lower and there are more items on their matrix. Not all of the items on their matrix were negative as there were some financial incentives for some of the items. He would like to see some things added to the matrix, similar to Mankato. Frank stated that he is not in favor of the change unless it is tied to the matrix. Weyrens stated that the matrix in Mankato is tied to the Ordinance whereas St. Joseph's is not. December 18, 2008 Page 5 of 11 Wick questioned the following: • Page 71-3 Subd. 5 "...to be used at a point of sale or entry..." There are some establishments that have more than one entry. Weyrens stated that they were looking at using the devices at the main door. Jansky stated that most of the establishments only enter through one door. Rassier stated that it would be the policy of the establishment to have someone at each door. • Page 71-9 Subd. 5 "...through Saturday,- between 2:00..." Wick clarified that there is a connector word missing. • Closing at 2AM Wick questioned why the establishments would not be allowed 30 minutes after bar closing to leave the establishment. Jansky stated that it would help. with issues resulting from the 2-7 am parking ordinance. He also added that it would get people moving sooner. • Can the matrix be tied to the Ordinance as they are novv requiring the establishments to use the device scanners? Weyrens stated that not all are being required, to use them. The cost to purchase the equipment is approximately $500.00. The proposal before the Council provides an incentive for using the device. Rassier stated that changes to the matrix and Ordinance should be approved separately. Weyrens stated that Liquor License holders have not yet been able to comment oil the proposed changes. Schultz clarified that they could be tied together at some point in time. Mark Zimmer, La Playette, approached the Councilors as a barowner in St. Joseph. He stated that he would have appreciated the opportunity to give some input There is,the City approach, the Police Department approach and the License Holder approach. lfyou adopt the law at 2AM and have the provision of having everyone out by 2AM, they~have to do last call at 1.'30. St. Joseph is an island. We will .: have an ordinance that.no one else.,has. It is a 2AM law;, but it really isn't a 2AM law. If there is someone in there after 2AM, they would be in violation of City Ordinance. The.,local Ordinance would be tough to follow. It would only gain the establishments an extra% hour. Neighboring cities have until 2:30 to have the establishment vacated:: . With respect to the Matrix, i,~e spent many ir~eetings reviewing the matrix. He stated that if the matrix were to be revisited, it should include the business owners as well. He questioned whether there were any huge problems with the current matrix° Frank continues to address the Mankato matrix. Zimmer stated that they have a larger population and f~ave other issues to deal with. To compare the two is not comparing apples to apples. Rassier stated that the matrix was put into place to give all liquor license holders alevel-playing field. Zimmer stated that he is unaware of what the capabili8es are of the scanners as there are so many different ones. The ones that he i~as seen in the past were approximately $1500. He also questioned what the standard would be. Frank stated that they originally stated that they were an island. People would start here and go to Waite Park. With the proposed Ordinance, they would have reason to go to Waite Park. Zimmer stated that if they have to do last call at 1:30, people are less likely to even stop at their establishment. Wick suggested waiting for information on scanners and getting some input as there are a lot of outstanding concerns. Rassier stated that the Council has a lot of things to look at. Frank stated that he would like to have some incentives rather than just negatives. Schultz questioned Jansky about the shifts in the police department. Jansky stated that St. Joseph is unique in that there are 4,000 students that are only residents for 9 months out of the year. When the weather is nice, there are a considerable amount of young people on the streets after the bars let out. If December 18, 2008 Page 6 of 11 there are people on the streets after 2:30, there may be some overtime issues. Jansky also stated that there are some special events that would cause problems. Currently, they have a grant to help with extra officers in the spring; however, he does not see that happening next year due to budget cuts. There are two issues that Jansky stated they have to deal with: • Staffing resources • People in the neighborhoods later at night Schultz questioned if they can track the gaps. Jansky stated they cannot as this is a moving target and times change. The busiest times are between 7-9AM and 5-7PM. Weyrens suggested waiting to make a decision and look into devices and where they are at with technology and prices. Schultz made a motion to table action on the proposed 2 AM Bar closing so that staff along with the liquor license holders can look at a more reasonable time to leave the bar, gather additional information about the scanners and possibly look at tying the matrix to the Ordinance. The motion was seconded by Wick. Discussion: Weyrens questioned whether they want to create a sub committee to look at the matrix. Rassier stated that the matrix seems to be working well.. It should remain independent similar to the license fees. Ayes: Rassier, Wick, Symanietz, Schultz Nays: Frank Motion Carried 4:1:0 ,., Frank stated that although people say to not fix things if they are not broken, he said if is important to look at things to make sure they are working.,, He stated he ~a~as surprised to see that the portion of the fire code relating to occupancy codes is not enforced. Facility Study: Weyrens stated that previously the City Council authorized SEH to completion a Facility Study. Since that time, SEH has met with all the departments and had ari opportunity to meet with City Staff and the Sates Tax Committee'. In addition;` City stiff prepared and mailed 1334 surveys regarding the communities' idea of a Community.Center. The City received 53,4 responses of which the summary has been included in the Facility report. F Duane Day, _SEH, approached the Councilao give a summary of the facility study. This is a Christmas wish list and now it heeds to be determined what is practical for the City. There were two goals: 1. What is the City4going to need in termsbf community space from now and 15 years from now? What types of spaces and hcw big do they need to be? 2. How might the old Kennedy School satisfy some of those needs? To determine the general requirements, they interviewed elected officials, City Administration and City Staff. There was acitizen survey ahd an open house. He commended the residents and stated that there were a large number, of surveys received. They also met with the sales tax committee and they have determined, ideally, iri.a perfect world, what the City needs for its civic functions. When the new Kennedy School w,as designed, it was designed to help with some of the community space needs for the City. He spoke with the Kennedy Principal, Diane Moeller, and they have some spaces that will be available for public use. Those include: • Meeting Rooms • Exercise Area • Theatre Based on state law or school policy, the following would not be available for public use: • Kitchen • Library • Gymnasium (because of vast amount of use already receiving) December 18, 2008 Page 7 of 11 They looked at the spaces that were determined to be needed and then put together a cost estimate based on the square footages. If all of those spaces that were identified were constructed, it would cost the City over $20 million. He suggested a building committee to look at what is practical for the City at this point. They looked at the Old Kennedy School and reviewed the building assessment and final conclusion of value. He stated that that must be taken in context as it was completed on February 25, 2008. Day stated that the building was assessed at 3,500,000. He stated that the site is almost 17 acres with a gross building area of 54,600 square feet. The Sales Tax Committee toured the facility with EI Haus and he provided them with the floor plans for the building as well as a Maintenance Schedule starting in 2005 and ending in 2020. He stated that there were four major items that were listed on the Maintenance Schedule. 1. Re-roofing the entire building 2. Replace boilers 3. Add air conditioning 4. Bring the building into ADA compliance According to Day, the estimated cost of repairs is $1.,200,000. That figure;. however, does not include any renovations or additions to the building. He mentioried that the old school site could satisfy a large portion of the needs identified in the survey and by staff. SEH would recommend that'the City form a building committee made up of citizens, administration and TAC member to.prioritize those spaces. Once those spaces are identified, they could put together a floor plan with interior and exterior renderings to help explain to the community what may be furnished. Frank clarified that they did not IooK at the maintenance facility or the fire hall. According to Day;,the,Fire Department has a place available for public use. Frank questioned whether or not there is space.fo,rent at the new WTP: Weyrens stated that staff uses that meeting room; however, it isn't large enough for public space. 4 He also advised the Council tha`t_the Old Kennedy site was appraised at $3.5 million. According to Day, house valuations have decreased and he is sure that this value has decreased as well. If the City was to decide to use the building for a City facility, they would need to revamp the inside. According to Rassier, the biggest plus for this site. is the 17~acres that it sits on. On behalf of the Sales Tax Committee, Weyrens e `< stated that ideally this is riot the best spot, but is the most practical as it meets all the needs except the pool. She added that if the City were to move forward with this site, we would have a new appraisal done. The $3.5 minion is not a solid riumtier:- Frank stated that as we move into the second wave of foreclosures, there inay be sorne~~impact. Day agreed. Wick questioned the 54,600 feet included the temporary rooms as well. Day stated that yes, they were included and they were approximately 2,OOQ square feet each. The School owns the two remaining temporary buildings and would like to sell them along with the building. Without the temporary structures, there would be 50,000 square feet. Weyrens stated that, currently, the City hall is approximately 9,000 square feet. Frank made a motion to accept the report. The motion was seconded by Schultz. Discussion: Schultz questioned if the City were to build the building from scratch would it be similar to the cost associated with building a new facility. Day stated that the City could not purchase that much square footage for that cost. Schultz stated he would have liked to see a comparison of what Kennedy has to offer and what could be built and the costs associated with such. Day stated it would be irresponsible to build a building that could not be added on to. Weyrens stated that, if the Old Kennedy were to be used for the gymnasium, it could be used right away. The motion passed unanimously. December 18, 2008 Page 8 of 11 Comprehensive Plan Update 2008: Wick stated that the Planning Commission has been meeting once a month over the past year to review the Comprehensive Plan. The Park Board has reviewed the Park portion of the plan. They have received a lot of input from the Public, business owners and land owners. Wick stated that he and the Commissioners attended some training at St. Ben's dealing with planning which was helpful. He stated that there was some discussion about having items in the Comprehensive Plan be required rather than recommended; however, there are some changes taking place with the DNR and the Sauk River Watershed District. They will need to wait until those changes are completed. Wick stated that the Planning Commission unanimously approved the Comprehensive Plan and has requested that the Council approve the document as well. According to Weyrens, there was lot of discussion and the Planning Commissioners tried to incorporate all of the public comments. Wick stated that it is hard to determine where the Comprehensive Plan stops and the Ordinances begin. He added that after the plan was amended in 2002, the Ordinances were revised then in 2003. This may happen again in 2009. Frank questioned how much money has been spent so far on the Comprehensive Plan Amendment. Weyrens stated that she did not have those exact numbers. From his perspective, it may be better to delay the approval of the plan until a future meeting as he still has several questions. Wick stated that there have been a lot of hours spent on this and the City Council was involved throughout the process. He agreed that the maps should include some type of footnote or disclaimer t6 state that some of the roadways are still in the study phase. If the City were to delay the Comprehensive ,Plan until all items were addressed, it would take forever as there would always be something that would, be on the table for discussion. He also stated that the Planr'71ng Commissiori`is open to look at different items that were addressed throughout the process when there are funds available to do so. Rassier agreed. Wick made a motion to approve the Comprehensive Plan based on the recommendation of the Planning Commission. The motion was seconded by Rassier According to Rassier, the.Comprehensive Plan has always been a work in progress. Schultz stated that, in his opinion, things went well until November and then: there was an increase in public input which led to a rush at the end. He stated that there was a lot of,information given to the Planning Commission and people who have those concerns warn to know how'to'have those questions addressed. He stated that, as things change, this document needs to be reviewed and maps should be modified as they go along. Wick responded by staling .that the previous version of tiie Comprehensive Plan had been amended 3-4 times. He added that the Planning Commission waits to review the transportation plan. Weyrens stated that this"will.be part of an ongoing discussion and the Ordinances will be reviewed as well. As the City moves forward, Rassier stated that items can be brought forward for possible addition to the Comprehensve_Plan or the Ordinances. Schultz questioned the suggestion of adding the water section to the plan. Wick stated that the Storm Water Management Plan is already included in the Comprehensive Plan. Frank stated that he is ore who.does his homework and it seems as though there was a lot of information distributed in the past few weeks: He questioned Weyrens about the possibility of, at a minimum, adding footnotes to the maps. Most people realized that the future roadways that are imprinted on the current maps will not happen. Strack agreed -with Frank and stated that it would be a good idea to add footnotes stating that there are other alternatives. It was also agreed upon that the maps should be updated once new roadways and alternatives are approved.. Rassier restated that the Planning Commission will be reviewing the Transportation Plan. Wick stated that when the Transportation Plan was approved, he did not vote in favor as he had some issues. Frank stated that it has nothing to do with the Transportation Study rather it is a map in the Comprehensive Plan and it has symbolic value for those with different views. He also stated that this is not the only map as there are other alternatives as presented by WSB and the State of Minnesota. Strack suggested adding similar language to that of a prior future land use map which states "Land Use adjacent to road would December 18, 2008 Page 9 of 11 shift in the event that the location of the roadway shifts". She stated that this would be a simple change to the legend of the map. Wick agreed that this would be a legitimate request to add the footnotes. Rassier also agreed and stated that until the studies are complete, all maps should have footnotes. Strack stated that they would not be added to the Transportation Plan at this time as a public hearing has not yet been held. Schultz questioned the issue of "ag" zoning. This was addressed at the public hearing held on November 12 and then later addressed by the Planning Commission on November 26. She stated that the Planning Commission will look at this over the next 12 months and they plan to look at open space planning. The potential "ag" uses in Section 1 (other side of 194) will be part of their discussions. They will decide whether the area should be zoned "ag" or commercial. She restated that this is on the work list for 2009. Frank clarified that the Planning Commission voted unanimously in favor or the Comprehensive Plan. Amended motion: To approve the Comprehensive Plan based on the recommendation of the Planning Commission with the understanding that footnotes be added to the legends on the maps. The motion passed unanimously. CITY ENGINEER REPORTS Update on Stimulus Projects: Sabart stated that the APO Staff is~working in preparation for the proposed economic stimulus package as discussed_by President Elect Otiama. They are trying to, be prepared with a list of projects that may be eligible for some funding. Eligible projects are those that can be delivered in 90-120 days which limits the types of projects to resurfacing or safety projects.. Based on the City's Maintenance Plan, the City submitted. a list of projects. Many of these projects may not fit the bill as it is all projection at this point. Frank questioned whether- ariy of these projects will have regional impacts to which Sabart stated they do not as each APO~Member City was asked to look at local projects. ~. FranK then questioned whether the~Water Tower would bean eligible, project for funding with the ,,.~. economic stimulus. Sabart stated thatthere are quest+ons as to whether the Parkway Business Center may be an eligible project=`He added that the APO is~fo,apply for regional projects as well. Wick also questioned whether the City`could ask for help with infrastructure. According to Sabart, there are other entities looking such funding. Rassier suggested running the Sewer and Water to the potential bypass if it is possible with the stimulus money as that would help to develop that area. The only issue with that is that the City is unsure as to exactly`where the road wip be. Sabart restated.that they are looking at quick projects that can be delivered fast. Schultz questioned the possibility of adding the construction of sidewalks along 2"d Avenue NW as previously requested by Councilor Frank: Sabart stated that they looked at projects in more heavily travelled areas such as 4tn Avenue, 12~n Averie and Cedar Street. CR 2 Realignment Design: Sabart advised the Council that Stearns County Staff recently began working on design of CR2 realignment and~they are asking for guidance from City. Sabart gave a brief overview of the proposed alignment of CR2: They are proposing to realign Minnesota Street with CR2 and there is a proposed 8' trail along that section and connecting to the Wobegon Trail. Wick suggested moving the trail to the opposite site of the roadway which Sabart stated they are looking at. The proposed roadway will be a two lane road with no curb and gutter. On behalf of the EDA, Wick suggested adding directional signs for St. Joseph along CR2. Sabart advised the Council that the City is not being asked to relocate the Water Main at this time. Rassier questioned who would be responsible for tearing up the current CR2 to which Sabart stated it is part of the realignment project. From Minnesota Street, CR2 will continue to the North. At that intersection, they had originally discussed a roundabout. The current plan is showing a free right rather than a roundabout. December 18, 2008 Page 10 of 11 Wick made a motion to extend the City Council meeting until 10:30PM. The motion was seconded by Schultz and passed unanimously. Sabart then stated that the new CR2 to the North would cross the Bechtold Farm. At the intersection of CR75 near CR2, it is anticipated that there will be a signalized intersection. The current CR3 will become abandoned as it will tie into CR2 and there is discussion of this being a focal street to service the abutting properties. Sabart restated that the County is looking for some direction from the City. He discussed the proposed street widths which will vary in different sections of the proposed alignment. The City is being asked whether they want this to be an urban or rural section. If the City chooses to have an urban section, they would be required to pay any costs. Rassier clarified that there will be variable widths along the proposed CR2 realignment. Sabart stated that the travel lanes will remain of 12', but the curbs will change. The question is the subject of rural versus urban such as storm sewer and right of way. Rassier stated that if this area is developed it may be better to have this as urban; however, it may be better to construct it as a rural section and change it in the future if needed. Frank questioned the issue of pipes being built under roadways. Sabart stated that they are all made of the same materials, but some are required to be in steel cases. Rassier stated that the City would like the`urban roadway but cannot afford to build such. Wick questioned the trail along CR2. Sabart stated that there was some discussion about the trail and a possible connection to CR51. He added that the County anticipates.#hat they wilt rebuild CR51 with 8' shoulders, but they would not be designated as a trail.'If There was a trail connection,., it would be an on- shoulderconnection. County does refer to this trail as the` Gity's'trail. The other question is whether or not the City wants to build the trail as part of this project. Weyrens stated that there are no park funds available, but it could be paid for through Sales Tax funds. The Sales Tax Committee discussed this asgto whether or not this vu~as'aregionat trail. The County has no desire to build this as part,of their project. Sabart stated that the estimated cost of the trail from Minnesota Street to CR75 is $150,060 not including any wetland mitigation that would need to be purchased for right-of-way. Rassier questioned if the ROW purchased y the Council would be sufficient to contract a trail or whether additional ROW would be needed.~~.Thene questioned whether drainage needs to be designed into this to which Sabart stated they would: There is some additional right-of-way which may need to be purchased at a later date rf the trail is not constructed at this time. In response to Schultz, Sabart state'd~that, yes; Stearns County may rieed to get;involved in connecting these trails as a regional trail. The`additional grading and right-of-way is not required to build the road. Frank addressed the speed Hmit on County,Road 2 and questioned if the City could change the speed limit after the .construction. Jar~sky stated That a speed study would need to be completed as speed limits are set by the State and the Department of VTi-,ansportation. Thene questioned whether speed is part of the recohstructiori:yroject. Sabart~stated that MN Dot would put it back to its current speed limits. MAYOR REPORTS - No Report COUNCIL REPORTS SYMANIETZ - No Report WICK St. Cloud Economic Development Partnership -Wick reported that the attended the recent meeting of the Partnership and he stated that he dropped off their annual report at City Hall. EDA -Wick stated that they have been working on a technical inventory of all the student rentals in the City to create a plan for transitioning them into commercial. SCHULTZ - No Report December 18, 2008 Page 11 of 11 FRANK - No Report ADMINISTRATOR REPORTS Liability Insurance -Weyrens stated that the City is in the process of renewing the general liability insurance policy and as part of that review the Council must formally consider the tort limits. The City has elected to not waive the torte limits established by Statute allowing a damaged party to sue the City for excess of 1.2 Million. If the City waives the tore limits, the Insurance Trust adds an additional premium which is estimated at $ 1,200/year. The City in the past has not elected to waive the limits. Schultz made a motion to not raise the torte limits. The motion was seconded by Symanietz and passed unanimously. Assessor Services -Weyrens stated that the City has contracted with Stearns County for assessor services for the past 3 years. She stated that they have served the city very well. It is very difficult for the City Council to serve as board of review. As a result, staff is recommending continuing to have Stearns County serve as the assessor for the City. Symanietz made a motion to continue to contract with Stearns County to serve as the City assessor. The motion was seconded by Wick aril passed unanimously. Graceview Estates: Weyrens reported that she recently met`with Attorney from the League that will be representing the City. Similar to the Meadowvale Lawsuit, tte City is being asked to have two Council members as part of the team to meet with the attorneys. Wick stated that he would be willing to be part of this team. Weyrens agreed that it would be better to,not have Symanietz on the team as possible conflict of interest. Rassier suggested himself and one;Counci{ member. The-team will consist of Rassier and Wick; however, all decisions will,be directed tiy;the entire Council Closed Session: Schultz made a motion to close the public meeting to consider and discuss strategy for labor negotiations and review negotiation proposals pursuant to Minn Stat Sec 179A.01 to 179A.25(the~Public Employment Labor Relations Act) and pursuant to Minn Stat Sec 13D.03, Subd_1 (b)(the Open. Meetirig Law)." The motion was seconded by Symanietz and passed unanimously. E` Adjourn: The meeting was re-opened, at 10:35 PM witfl Wick making a motion to adjourn; seconded by Symanietr, passing unanimously: Judy Weyrens Administrator