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HomeMy WebLinkAbout[04a] MinutesC['['1 4R 1"[; J[~[sv[i MEETING DATE: April 2, 2009 Council Agenda Item 4 d~_ AGENDA ITEM: Minutes -Requested Action: Approve the Council minutes of March 19, 2009 SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGET/FISCAL IMPACT: ATTACHMENTS: Minutes of March 19, 2009 REQUESTED COUNCIL ACTION: Approve the minutes of March 19, 2009 March 19, 2009 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, March 19, 2009 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier. Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso. Administrator Judy Weyrens. City Representatives Present: City Engineer Randy Sabart, Police Chief Pete Jansky, Finance Director Lori Bartlett, Public Works Director Terry Thene. Others Present: Ellen Wahlstrom, Bob Wahlstrom, Nancy Notch, Harvey Notch, Jim Graeve, David Fimrite, Robert Rice, Kyle Mcllwein, Kip Mcllwein, Margaret Wurm, Jody Terhaar, S. Kara Hennes, Richard Schwegel. PUBLIC COMMENTS TO THE AGENDA Ellen Wahlstrom, 409 -8th Avenue NE approached the Council to discus the Special Use Permit request of David Fimrite, North County Trailer. Wahlstrom stated that she had requested to be on the agenda and was denied and was told that she could express her comments at during the public comment portion of the meeting. Wahlstrom stated that she is not opposed to business, including acar/trailer lot if it is done and sustained in a way that is respectful to the neighborhood. Wahlstrom stated that in her opinion the neighbors did not have the opportunity to respond to the proposed Special Use Permit as the hearing was opened, closed and tabled for 30 days. When the Planning Commission reconsidered the matter, the petitioner was able to speak, but the neighbors were not. Wahlstrom expressed the following concerns: safety; the City taking responsibility for what she considers an impaired roa th enu ich is y two I ' trative procedures for public hearings; clarificatio f the fo ation ven a PI Wing Com sion; and clarifications on the Ordinance requirements fo ubmit g ati fo pe With regard to the conditio ve , Wa m ex s d concern t the residents were assessed for a portion of the improvements and is concerned that the road will not last as long as it should and the residents would be assessed again. Another concern is the public hearing process conducted by the Planning Commission. Wahlstrom stated that the Ordinance requires a property owner to be present at the hearing and that did not happen. She understands that he had a medical emergency, but someone should have been present. When the matter was tabled to the next meeting 30 days later, the residents did not get an opportunity to speak; only the petitioner. Wahlstorm also questioned information presented to the Planning Commission, specifically that the previous owner had was grandfathered in as a permitted use from the Township. The property was used as a flower shop when it was in the Township. Nancy Notch, 406 - 8th Avenue NE spoke in regards to the proposed special use permit for North Country Trailer Sales. Notch stated that she is not opposed to business but has safety concerns regarding the proposed use. Notch requested that the Council require modil:ICations to the existing fence. Specifically she requested the fence be lowered and extended to the east. Jim Graeve,619 Minnesota Street East requested the Council reconsider the recommendation of the Planning Commission and extend the fence. Approve Agenda: Wick made a motion to approve the agenda with the following exceptions: • Removal of item (c) Special Use -North County Trailer Sales • Removal of equity designations under (e), leaving the February Treasurer's Report. The motion was seconded by Symanietz and passed unanimously. Consent Approve Agenda: Wick made a motion to approve the Consent agenda as amended. March 19, 2009 Page 2 of 5 a. Minutes -Requested Action: Approve the minutes of March 5, 2009 b. Bills Payable -Requested Action: Approve check numbers 041388-041442 and EFT numbers 000251-000255. c. Removed for discussion. d. Development Agreement -Requested Action: Authorize the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and Central MN Federal Credit Union to construct a 7,425 square foot branch facility at 1300 Elm Street East. e. Treasurer Report -Requested Action: Accept the February 2009 Treasurer's Report. The motion was seconded by Symanietz and passed unanimously. Outdoor Ligour Permit - Sal's Bar: Mayor Rassier opened the public hearing and stated the purpose of the hearing is to consider an outdoor liquor license for an event to be held on May 8, 2009 which is commonly referred to as Senior Farewell. St. Joseph Code of Ordinances 71 includes a provision whereby each liquor establishment can apply for one outdoor permit to sell alcohol past 9:30. The provision requires a public hearing and notice to property owners within 350 feet. Weyrens stated that the event application before the Council is a joint application between the College of St. Benedict/St. John's University and Sal's Bar. This is the third year for the event and it has been managed will in the past. The event includes an outdoor beer garden without outdoor music. Chief Jansky stated the College/University will provide lighting and cleanup after the event as well as outdoor monitoring. Jansky concurred that the senior farewell event has been managed well since the new tradition of the outdoor beer garden at Sal's. After the bars close, the outdoor beer garden will provide free pizza, water and soda to the seniors. As in the past, the food service after bar hours allow the students to say their farewell's and disburse slowly rather than everyone leaving at 1:00. Councilor Frank questioned if any residents have expressed concern about the event and if the concerns of the Monastery have been addressed. W to offic una s. Their being no comments f m tho p Wi m e n to se the public hearing at 7:25 PM; seconded by S anie n pas s , Chief Jansky stated that the College/University will reimburse the City for the overtime of two officers. In addition, the City will be using funds from the party house grant to offset the overtime costs. Jansky reiterated that the student Senates from both institutions will provide clean up services after the event. This was successful in the past two years. Loso made a motion authorizing the Mayor and Administrator to execute the Outdoor Liquor Permit for Sal's Bar for an event to be held on May 8, 2009. The motion was seconded by Symanietz and passed unanimously. Outdoor Liquor Permit -Church of St. Joseph: Mayor Rassier opened the public hearing at 7:30 PM and stated the purpose of the public hearing is to consider an outdoor liquor permit for St. Joseph Parish for an event to be held on July 3, 2009. Rich Schwegel appeared before the Council on behalf of the St. Joseph Parsih. Schwegel stated that the event for July 3, 2009 is planned similar to that of 2008. The event will include a free concert by Bobby Vee and two additional bands with the St. Joseph Chamber and St. Joseph Jaycees providing fireworks during the intermission. The event will include food, alcohol and games including pull tabs. The Parish will secure all necessary permits. Schwegel stated that the Parish has made arrangements to hire four Stearns County Deputies along with paying for the overtime of St. Joseph Police Officers. In addition the Parish has approximately 20 to 25 volunteers that will assist with security during the concern. Immediately following the concert a separate group will provide clean up of the street and grounds, as they did in 2008. March 19, 2009 Page 3 of 5 Schwegel stated that they have offered those residents adjacent to the property the opportunity to stay at a hotel on July 3. When questioned if any residents has accepted the offer Schwegel stated that they have not. This year the Church will also notify the residents of the Millstream Shops and lofts. With no one present wishing to speak, Frank made a motion to close the public hearing at 7:40 PM; seconded by Symanietz. The motion passed unanimously.. Schwegel questioned the Council if the City would allow temporary handicap parking on Minnesota Street between College Avenue and 1St Avenue NE. The Council was in general consensus that the Parish should work with the City Administrator and Police Chief to review the request. Frank made a motion to authorize the Mayor and Administrator to execute the Outdoor Liquor Permit for the St. Joseph Parish, for an event to be held on July 3, 2009. In addition the City Administrator and Police Chief are to work with the Parish to designate appropriate handicap parking for the concert. The motion was seconded by Frank and passed unanimously. Noise Violation - 701 College Avenue N: Weyrens presented the Council with an alleged noise violation that occurred on March 4, 2009 at 701 College Avenue North, Apartment #20. Weyrens stated that while the alleged violation is the first recorded violation, this is in fact a second violation for the same apartment. In February the Police were called to the same apartment for a noise complaint. Officers responded and determined that the noise could be heard outside of the apartment. However, due to a clerical error, the noise violation was not submitted to Administration for processing. While the Police had been to the apartment previously, the event on March 4, 2009 is the first recorded violation. Weyrens stated that she and the Police Chief have contacted the property owner, and he is not disputing that the violation occurred, nor is he requesting an evidentiary hearing. As such, the Council needs to acknowledge that a violati red consi r the ' Loso made a motion to a Howl g of vi do ccur March 4, 2009 at 701 College Avenue North, A rtme # T mo s onded by rank and passed unanimously. Ryan Howe approached the Council to speak on his own behalf. Howe stated that he is one of the owners of the apartment facility located at 701 College Avenue North. He stated that he was unaware of the events that occurred in February when the Police were called to the property. However, since the event on March 4, 2009 he has started eviction proceedings for the tenant in #30 and they should by removed no later than May 1, 2009. Howe stated that as an owner he takes all complaints seriously and has dealt with the problem to prevent reoccurrence. Wick made a motion to assess a $ 250 fine for the noise violation that occurred on March 4, 2009 at 701 College Avenue North, #30. The minimum fine is being assessed as the violation before the Council is the first recorded violation and the property owner has taken action to evict the tenant. The motion was seconded by Symanietz and passed unanimously. The Council clarified that noise violations for multi-tenant facilities are considered on an apartment basis. However, if a complex has numerous complaints the Council may consider action on the entire complex as the property owner is responsible for the management of the entire property. Special Use Permit -North Country Trailer Sales: Loso stated that he had the opportunity to review the site and would like to amend the recommendation of the Planning Commission. Loso stated that the current fence is located approximately 16 feet above the ground. In his opinion the fence should be reconstructed the meet the requirements in the Fence Ordinance. In addition to the distance from the bottom of the fence, all the posts should be removed and re-anchored in cement and they should be located two feet off the property line. In addition the fence should be extended 83' to the east and 16' to the west. March 19, 2009 Page 4 of 5 Wick stated that the Planning Commission did review the fence and it was noted by the Building Inspector that the fence cannot be extended 16' feet to the west as it will become a safety hazard. The Planning Commission did request the fence to be extended equal to the back of the house. The south property line of North County Trailer is in excess of 200' and it would not be reasonable to fence the entire length. Wick stated that the Planning Commission recommendation also includes gating the property when the property is unoccupied, installation of a security system and limiting the parking of vehicles/trailers to the bituminous areas. Loso stated that the pavement extends the length of the property and the extension of the fence will help protect the property line. Councilor Frank stated that he asked the City Engineer to address the concern of the residents regarding 8th Avenue which will occur under the Engineer Reports. Rassier stated that he did review the recommendations of the Planning Commission and they did address the concerns of the public at the hearing. After considerable discussion, Loso made a motion to accept the recommendation of the Planning Commission and issue a Special Use Permit to North County Trailer Sales. The findings of fact as submitted by the Planning Commission will be restated as follows: 1. The property owner will conform to the Sign Ordinance to include temporary signs. 2. The use of banners and streamers will be prohibited. 3. All vehicles or trailers located on the property for sale will be stored on the existing bituminous surface. 4. The fence located on the south property line will be improved and expanded as follows: a) The fence must be lowered so the bottom of the fence is no more than 2 inches above the ground. b) The Fence posts shall be secured with concrete and the fence will be located 2 m t lin c) The ce ill be fen ' fo a east and ' or to the RO W line on the est, is ess. d) The s h de e f b ainted ors ned as it faces south. 5. The grope m itore 't sec stem whic ill be activated when the lot is unattende an a access tot a property will a secured w en unattended as well. 6. All site lighting will conform to the St. Joseph Code of Ordinances. The motion was seconded by Frank and passed unanimously. CITY ENGINEER REPORTS APO TAC Report: City Engineer Randy Sabart presented an update on the APO TAC meeting held on March 25, 2009. Members discussed the impacts of three 2035 financially constrained roadways scenarios given the assumptions of splitting federal formula dollars between expansions versus preservation projects. The reason for the discussion is an acknowledgement that the area is falling behind in its ability to maintain the existing infrastructure. Depending on the scenario approved, St. Joseph's north corridor project could be eliminated from the eligibility list for funding. St. Joseph has a significant investment to date in the environmental process and Sabart stated that representatives on the TAC from smaller growing communities are lobbying for a revision to the project list. The revision helps protect the investment communities have already made. Sabart stated that he will continue to update the Council on this matter. 8th Avenue NE: Sabart stated that he has been asked to discuss the condition of 8th Avenue NE. Councilor Frank stated that he has asked that this matter be placed on the agenda to address the concerns of the residents on 8th Avenue NE. Sabart stated that 8th Avenue NE was reconstructed in 2006 and the project included street, curb, gutter, water and sewer improvements. Since 8th Avenue is a County Road, Stearns County was assessed for the center 24 feet of the road and the residents were assessed according to City practices. March 19, 2009 Page 5 of 5 The Road was designed as a seven (7) ton road. Sabart presented information on tests required during construction and the actual results of the tests for 8th Avenue. Based on field records the road tests passed that of a nine (9) ton road. The City typically constructs the final pavement layer after one winter season. This practice allows the road to settle and any issues are easy to identify. In the case of Stn Avenue NE an issue did arise and the contractor came back to perform warranty work. The warranty work was completed in 2007 and the City held the final payment until December of 2008. The two year warranty on the road starts with the approval of the final payment. Sabart stated that while 8th Avenue may not be the smoothest road, there is no evidence that the road will not withstand traffic that it was designed to handle. Mayor Reports APO Meeting: Rassier reported that at the recent executive meeting of the APO it was decided that the APO dues for the second half of 2009 would be reduced by 25% and the dues for 2010 would be reduced by 10%. The reduction in dues is a result the Cities facing declining revenues and LGA losses. They also discussed the extension of current projects and it was stated that the Pine Cone Road extension may be shelved due to financial constraints. Frank: Frank stated that the Council needs to have a discussion on the budget and current financial status. While the staff has done a good job indentifying issues, the Council needs to make decisions as that is what they are elected for. Wick stated that the Council has scheduled a budget meeting for April 16, 2009 at which time the Council can react to finance options. Loso - No Report Wick - No Report Symanietz - No Report Ad is p s Special Use Permit -North Country Trailer: Weyrens stated that the action taken earlier this meeting regarding the Special Use Permit for North Country Trailer did not include a date for the completion of the fence. The current ground conditions do not make it feasible to repair the fence at this time. Wick made a motion to amend the Special Use Permit findings for North Country Trailer to include that the fence must be completed no later than June 1, 2009. The motion was seconded by Loso and passed unanimously. Adjourn: Frank made a motion to adjourn at 8:45 PM; seconded by Wick and passed unanimously. Judy Weyrens Administrator DRAFT