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HomeMy WebLinkAbout2009 [05] May 21May 21, 2009 Page 1 of 8 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, May 21, 2009 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Bob Loso, 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: Wes Skochenski, Thomasette Schuler, Mary Terese Woida, Jean Dotzler, Brad Cobb Public Comments: Brad Cobb, 333 4fh Avenue SE, approached the Council to state his disappointment with the outcome of the mediated settlement with the developer of the proposed apartments in Graceview Estates. He understands that they may never know all of the details of how the settlement came to be; however, he hopes that the Council remembered the months of public testimony and reasons for denial brought before them and the Planning Commission. He stated that in his opinion the Council did a good job by denying their request in November 2008. Now the process went into mediation and they (the neighbors) are in the same place that they started when the project was first presented to the Planning Commission. Although the mediated settlement identifies a revised site plan, the plan has not changed significantly enough to make a difference to the abutting property owners. There are still road issues, safety issues and development timelines. Cobb stated that by lowering the density, it is more of a compromise than a settlement. He questioned whether the decision was made based on economics or the will of the people and the will of the City. He concluded by stating that he is extremely disappointed and that the City will not see the Graceview Coalition go away, rather they will be back asking more questions. Frank stated that when this issue was discussed, the meetings were closed. The City was represented by an attorney from the League of Minnesota Cities. Weyrens stated that the meetings were closed as there was and still remains an open lawsuit. Agenda: Symanietz made a motion to approve the agenda with the following changes, additions and deletions: Pull 4(c) Interim Use Permit -Frank asked to have this pulled for discussion. Pull 4(d) Special Use Permit -Frank asked to have this pulled for discussion. Pull 4(g) Treasurgr's Report -Frank asked to have this pulled for discussion. Pull 4(i) Transfers -Frank asked to have this pulled for discussion. Add 4(h) Acceptance of Gifts -Weyrens stated that the Legion donated 4 flags to the City, one for each of the City Facilities. Add 11 Ordinance Amendment - 3.2 Liquor Add 11 Upcoming Meetings Add 11 Bond Opportunity Add 11 Status of St. Ben's Sewer Bill The motion was seconded by Wick and passed unanimously. Consent Agenda: Symanietz made a motion to approve the consent agenda as follows: a. Minutes -Approve the Council minutes of May 7, 2009. b. Bills Payable -Approve check numbers 041605-041652 and EFT numbers 000273-000278 and 000455-000456. c. Interim Use Permit -Moved for discussion d. Special Use Permit -Moved for discussion May 21, 2009 Page 2 of 8 e. Outdoor Liquor Permit -Authorize the Mayor and Administrator to execute the outdoor liquor license for the Stonehouse Tavern for an event to be held on October 3, 2009. f. Outdoor Liquor Permit -Authorize the Mayor and Administrator to execute the outdoor liquor license for the LaPlayette for an event to be held on July 25, 2009. g. Treasurer's Report -Moved for discussion h. Acceptance of Gifts -Accept the donations and their purposes as presented with the addition of the flags donated to the City by the Legion. i. Transfers -Moved for discussion. The motion was seconded by Loso and passed unanimously. 4(c) -Interim Use Permit -Christine Long, 302 7th Avenue SE: Frank questioned the recommendation of the Planning Commission regarding the Interim Use Permit allowing an owner occupied rental at 302 - 7m Avenue SE. While he is not opposed to the issuance of an Interim Use Permit, he questioned the zoning classification of the property and whether or not the City will recoup attorney fees that have been encountered. Weyrens clarified that the property being discussed has been charged with renting without a license and the property owner has plead not guilty and a court date has been set for June 2009. Since that time the property owner has applied for an Interim Use Permit to bring the property in compliance. Weyrens stated that the City has experienced the courts assigning a fine between $ 150 and $ 250, which does not cover the City cots. With regard to the zoning of the property, it is zoned R1, Single Family. Frank questioned if the City could require payment of all fees and expenses when applying for a license or permit. Wick stated that the current Ordinance does not allow for such. The only license whereby the City has authority is the Liquor License. Frank made a motion to accept the recommendation of the Planning Commission and issue an Interim Use Permit to Christine Long, 302 7`h Avenue SE, to operate an owner occupied rental unit with a maximum density of two tenants. The motion was seconded by Loso and passed unanimously. 4(d) -Special Use Permit -Brothers One, Used Automotive Dealership, 219 Cedar St E: Frank stated that while reviewing the Planning Commission information and recommendation to issue a Special Use Permit to Brothers One to operate a used automotive dealership at 219 Cedar St E, he questioned whether the Sign Ordinance is stricter for those businesses along CR75. Weyrens stated that it is as the 62 Zoning District includes the highest aesthetic requirements of all districts. The recommendation of the Planning Commission includes a provision that prohibits the use of balloons, banners and streamers. This is a similar provision that was included for the Special Use Permit issued to North Country Trailer Sales in April 2009. Weyrens stated that the recommendation before the Council also requires the removal of the sign located on the top of the building. Frank questioned how many cars will be located on the site at any given time. Wesley Skochenski approached the Council and spoke on his behalf. He stated that he has leased the property from Brothers One and has been selling used cars for over 10 years. He has decided to start his own business and leaded the property at 219 Cedar Street East. Skochenski stated that he anticipated locating 40 to 50 cars, with the lot having the capacity to store 110 cars. Frank questioned if the property owner will be required to landscape the property to which Weyrens responded the will not. Wick made a motion to accept the recommendation of the Planning Commission and issue a Special Use Permit to Brothers One to allow a used auto dealership at 219 Cedar Street E. The motion was seconded by Symanietz and passed unanimously. 4(q) -Treasurer's Report: Loso requested that the Treasurer's Report not be placed on the consent agenda as typically he has questions on the material Frank concurred and stated that he has previously requested that this matter not be placed on the consent agenda as he too typically has questions. Frank questioned the criteria for items to be placed on the consent agenda. Weyrens stated that generally May 21, 2009 Page 3 of 8 consent items are more routine items or items that were approved unanimously by the Planning Commission. Frank stated that while reviewing the Treasurer's Report he noticed that the City uses Cold Spring Vet Clinic for boarding services and questioned why the St. Joe Clinic is not used. Finance Director Lori Bartlett stated that they are one and the same. Frank then questioned Bartlett as to whether or not there is anything out of the norm that the Council should know about the information contained in the Treasurer's Report. Bartlett responded that most of the information is routine; however, she advised them that the City has had a 2.5 month reserve, but that is being spent down. Weyrens clarified that the City is not spending the reserves; rather the reserves are used for cash flow purposes. All funds that are being spent are budgeted funds. Loso asked for Bartlett to put together a revised revenue forecast. She stated that it is difficult to do that as there is still some information outstanding. Frank stated that he had not heard any rumor that Graceview was settled based on revenues. Loso made a motion to accept the April 2009 Treasurer's Report. The motion was seconded by Wick and passed unanimously. 4(i) -Transfers: Frank questioned the transfers to the EDA account. He stated that he does not want to commit any money to the EDA as the City has not yet worked out what they will be doing with that position. Bartlett stated that they have budgeted $42,000 for the EDA to cover the current contract and partnership fees. They are down to $300 in that fund. She added that they have not yet used any of the 2009 budget. Currently, those funds are in the general fund. Weyrens stated that the EDA budget is part of the general fund levy. The EDA is a general fund activity, but a separate fund internally. Frank made a motion to authorize the 2009 operating/budget transfer as presented. The motion was seconded by Symanietz and passed unanimously. St. Joseph Chamber -Wobegon Concessions: Jean Dotzler approached the Council on behalf of the St. Joseph Chamber of Commerce. She stated that she is currently the President of the Chamber and is before the Council to request authorization to sell concessions at the Wobegon Park Facility. The Chamber is looking for opportunities to become more visible in the community, promoting the local businesses. They are proposing to add a refrigerator and freezer and staff the facility on Fridays, Saturdays and Sundays. Chamber representatives would work with the City to avoid conflicts on weekends where the facility is rented by a private party. Wick noted that during downtown meetings it was discussed how the Wobegon Center could be used to draw the users to the downtown area. It was the hope that the Wobegon Facility could be used as a tourist facility which includes pamphlets about the City and opportunities. Frank questioned what if the Lions wanted to open it up and sell concessions, how would the City handle the situation. Weyrens stated that the Chamber raised the money for the facility and coordinated the construction. If it would not have been for the St. Joseph Chamber of Commerce, the facility would not be constructed. Councilors questioned if the City will incur additional costs if appliances are added to the facility. Weyrens stated there would be a nominal increase and that could be monitored for one year. Dotzler stated that the Chamber would not be opposed to making a donation to the City for such costs. Wick made a motion to. accept the proposal of the St. Joseph Chamber authorizing the Chamber to sell concessions at the Wobegon Welcoming Center in 2009. The motion was seconded by Symanietz and passed unanimously. Outdoor Liquor Event - CSB, St. Stock: Weyrens stated that the Council had tabled the Outdoor event for the College of St. Benedict at their meeting on May 7, 2009. The matter was tabled in anticipation of a May 15 deadline regarding the outstanding sewer bill. Weyrens presented the Council with a letter from the City Attorney regarding the ability of the City to deny a liquor license for failure to pay a utility bill. Since the Council just received this information, Frank asked Weyrens to summarize the information. Weyrens stated that the Attorney is not recommending the Council deny the outdoor event license as May 21, 2009 Page 4 of 8 requested as this license is issued under the existing full liquor license. If the Council where to consider denying a license, it would be for the full liquor license and the Council should first conduct a public hearing on the matter. Loso stated that he does not believe in holding somebody hostage for something that is still in negotiation. This event has been scheduled for the past few months and the consideration to withhold the license has only come to light during the current sewer negotiations. Loso made a motion to approve the Outdoor Liquor event known as St. Stock to be held on June 26, 2009. The motion was seconded by Wick and passed unanimously. CITY ENGINEER REPORTS Bituminous Rattling: Sabart stated that, in April, the Mayor received a complaint about some bituminous rattling along Minnesota Street west of 2"d Avenue. He, along with the Public Works Director Terry Thene, met with the property owner and then followed up with Stearns County Maintenance Department. They have added it to their work this summer to patch this piece of bituminous. Frank stated that recently, by Home Depot, he saw that they were repairing the road using a piece of equipment made for patching. Thene advised Frank that Stearns County has a similar machine made for patching bituminous. Sabart stated that there is no perfect solution for potholes and there are some streets in the City that have potholes, but many of them are due for reconstruction. Sewer Study: Loso questioned the status of the sewer study. Sabart stated that it is a work in progress and the project should be completed shortly. POLICE CHIEF REPORTS Regional Gang Strike Police Joint Powers Agreement: Loso asked Jansky for his opinion on the Gang Strike Task Force. Jansky replied that, in his opinion, it is a good tool. They have seen great results since becoming part of the Central MN Gang Strike Task Force. He added that there is an officer that the participating cities share and we make sure that we see him on a monthly basis, if not more. According to Jansky, this is an endeavor with large benefits to the City at a minimal cost, approximately $ 3,000 per year. Frank stated that he already questioned Jansky about the Metro Gang Task Force that has recently been suspended and under investigation for improprieties. His concern was if the agency the City partnered with is part of the Metro Gang Strike Task Force. Jansky stated that the Central MN Gang Strike Task Force is held up as a model in the State and has no relationship with the Metro Task Force. He added that many of the area gangs come from different regions like Chicago and the Twin Cities. Jansky advised the Council that there are several gang members living in our community. Symanietz made a motion to authorize the Mayor and Administrator to execute the Extension of the Joint Powers Agreement to provide Gang Task Officer staffing and support. The motion was seconded by Wick and passed unanimously. Taser Policy: Jansky reported that Sgt. Pfannenstein reviewed the current taser policy and recommended some changes. Currently, only Full-Time licensed officers are allowed to carry a taser. He suggested that it allow for all trained officers to be allowed to carry such equipment. This change would give reserves the authority to use the tasers. Recently, the department updated to the X36 tasers. All officers are trained prior to use and the reserves would be required to go through the same training. Jansky added that other jurisdictions are allowing the same. The use of tasers is not only limited to Police. Citizens can purchase and use tasers without proper training. He also stated that, currently, the procedure is that the officers have to check out the tasers. Wick suggested changing the language to state that the reserves be allowed to carry the tasers on the strong side if there is no weapon. Rassier noted that the effective date on the policy needs to be updated as well. Frank made a motion to accept the revised taser policy as presented, authorizing the same to be administered by the Police Chief. The motion was seconded by Loso and passed unanimously. May 21, 2009 Page 5 of 8 Emergency Services Plan: Jansky advised the Council that the Emergency Services Plan was last updated in 2006. He has revised the plan to include new numbers, etc. The next step is to have the appropriate department heads sign their section and have the new plan distributed. He stated that he will try to keep the plan updated on an annual basis or as there are necessary updates. The Council addressed the following: • 5 -Direction and Control: Wick questioned why the Mayor is primary and the Emergency Director is secondary. Jansky stated that the Mayor is the Chief Official in the City and he is the person that the Mayor will go to for assistance. He added that Weyrens is the Public Information Officer (PIO). When there is a major event and the news comes to town, it is best to send them to Weyrens. • Page 12: Wick stated that his address is incorrect. • E -Health and Medical: Frank questioned whether Torborg remains on the Health Board or if that should be changed to the new Fire Chief. Weyrens stated that Torborg remains on the Health Board as that is part of the Mayor's Appointments. Jansky spoke with him and he is okay with remaining on the board. He added that it frees up the Fire Chief in the event that there is an emergency situation. He stated that with him serving as the Emergency Operations Director, he is pulled off of the Police Department in an emergency situation. Sgt. Pfannenstein would be next in command. • Frank questioned whether the City is ready in the event of a pandemic. Jansky stated that he and Weyrens began looking at that when the H1 N1 virus became news. He added that there is cross training in the different departments and they have discussed which duties can be done off-site and which ones need to be done on-site. If it gets that bad, they will sit with Marvin Klug at Stearns County to determine who will be vaccinated and who will staff the City. In the event that the emergency becomes too large for the City to handle, it would then go to Stearns County and then the State. The Governor would then have the authority to call in the National Guard if necessary. Frank stated that he was impressed with how the City of Rogers handled the situation when they shut down after the tornados. It was nice to see that small cities can be well prepared. • F -Evacuation, Traffic Control and Security: Wick stated that Kennedy Elementary is now Kennedy Community School and the Lighthouse is now known as Trobec's. Wick made a motion to accept the revised Emergency Management Plan as presented, authorizing the same to be administered and executed. The motion was seconded by Symanietz and passed unanimously. Monthly Police Report: Frank stated that he has received comments from neighbors questioning the follo- upwhen issues are presented. Jansky stated the Police Department and Administration work well together and when Council Members or citizens call with complaints they are handled by the departments in a timely manner. MAYOR REPORTS CentraCare Clinic: Rassier reported that he attended the Grand Opening for the new Clinic. It was very well attended. He stated that this is a good addition and a positive more for St. Joseph. He added that they are up and running along with the pharmacy. FRANK COUNCIL REPORTS Request for Information: Frank stated that he is looking for additional information from staff on a bi-weekly basis to keep them informed of what is happening in the City and any updates from the various boards/commissions. There are developments/issues that arise on weeks when there is no meeting and he feels that the Council should be made aware of those. Wick stated that Frank needs to be clear as to what he is expecting and that a policy should be written for such to which Loso concurred. Frank would May 21, 2009 Page 6 of 8 like for the entire Council to get a copy of the weekly summary. The purpose of this is to keep the Council informed as he feels that they are not aware of everything and it would serve as a systematic effort to get everyone involved. Wick stated that he is concerned whether this would violate the open meeting law. Weyrens stated that she tries to make the Council aware of things when they come up. Rassier stated that he recently requested that all department heads be present at all meetings in the event that there are questions. He added that all of the City Boards/Commissions put packets together prior to their meetings. According to Symanietz, packets are distributed earlier than they have been in the past, which she feels is nice because it gives them more time to look at their information. Rassier asked Frank for clarification on this. Frank stated that he was told that the St. Ben's Sewer issue was discussed previously and he cannot recall when it was discussed nor can he find minutes. He does find reference to working on a new agreement and billing options. Rassier disagreed with Frank and stated that it has been discussed at budget meetings. Rassier further stated staff and department heads are providing the Council with enough information and the City Engineer is present at all meetings to keep them informed. Frank added that he is unsure as to how to evaluate the administrator and staff. He believes that they should have goals that they need to meet on an annual basis. LOSO Minnesota Street: Loso questioned what is happening to the building on the corner of Minnesota Street. Weyrens stated that they were remodeling the building for office space. Loso also questioned the status of the former Linnemann building to which Weyrens stated is not habitable at this time. WICK Yellow Ribbon Community: Wick reported that he attended a Yellow Ribbon Community signing event in Cold Spring on Saturday. There was a proclamation signed by nine different cities. St. Cloud Partnership: Wick advised the Council that the Partnership met yesterday and they had a presentation about the workforce center. He suggested that some of the information be put on the website so it is available to residents. Wick discussed some potential opportunities for projects from the American Recovery and Investment Act (part of the federal stimulus package). The initiative funds employment for different age groups which the City could utilize. Utilization of the program would first required communication with the Collective Bargaining units as the City cannot replace workers that are laid off. Frank stated that it may be a good idea to take advantage of this program rather than hiring seasonal workers. Thene added that there is always work to be done. Wick stated that the worksite is responsible for providing equipment and supplies. Wick also stated that there is some federal stimulus funding available for local governments to get grants for citizens to help with heating, etc. Frank reported that the average length of unemployment was 13 weeks, but that has increased to 20 weeks. Wick concluded and stated that they do offer training at the workforce center. EDA: The next meeting is scheduled for May 27, 2009 at 5:00 PM. There will be a joint EDA/City Council meeting following at 5:30 PM. SYMAN I ETZ Newsletter: Symanietz thanked staff for putting the newsletter together. ADMINISTRATOR REPORTS Sign Ordinance Amendment: Weyrens reported that the Planning Commission previously discussed an amendment to the Sign Ordinance relating to ornamental banners. The amendment was due to a request from Millstream Shops and Lofts to allow for an ornamental banner. A second item that was discussed was the potential use of overhead banners. The Commissioners recommended that staff look for places to safely anchor poles appropriate for those banners. Lastly, they discussed signs for construction May 21, 2009 Page 7 of 8 companies and contractors. Planning Commission recommended approval of the Ordinance. Frank questioned whether digital signs are allowed in the Ordinance. Weyrens stated that they would be allowed as an illuminated sign. Frank questioned the height of the banners. Weyrens spoke with Thene and it was verified that 8' is as low as they can be to allow for snowplows. Wick made a motion to authorize the execution of the Amendment to Ordinance 52.11, Signs, causing the same to be published. The motion was seconded by Frank and passed unanimously. Wick made a motion to authorize execution of Resolution 2009-011 Authorizing Summary Publication of Ordinance 52.11. The motion was seconded by Rassier and passed unanimously. Fire Board -Signal Light Controls: Weyrens stated that the Fire Department has been requesting that the City equip the signal lights at the intersections of CR 75/College Avenue and CR 75/20th Avenue with the opticom lights. The cost is approximately $6,000. That; however, does not include the controls in any of the vehicles or the training. She added that the Fire Department has the funds to equip their vehicles. Loso stated that they discussed the idea of the Police Department paying a portion of the costs. Generally, the City is responsible for paying for the controls on the semaphore; however, Stearns County has agreed to pay for 50% of the cost with the City being responsible for 100% of the vehicle equipment costs. Jansky stated that he has not budgeted for the equipment, but can review the Capital Improvement Plan to find such funding. Wick clarified that the Fire Department would have the capability and the Police would not until they equip their vehicles. Jansky stated that it would cost anywhere from $250/300 to $600/1,000 per car to install the equipment. He also questioned whether the Fire Department thinks this is a necessity to which Weyrens stated that they are in strong support. They feel that this is a safety issue as they have had troubles coming off of 4th Avenue SE. Wick questioned how long the offer from the County is good. Frank stated that it is a good idea to install the lights while the offer from the County is still good. Frank made a motion to approve the expenditure of up to $9,000 to pay for the installation of two opticom lights and the installation of the required equipment in 4 police vehicles with the Fire Department paying for the installation of the equipment in their vehicles and the County paying $6,000 for the lights and the City looking into the possibility of any potential grants. The motion was seconded by Wick. Loso made a motion to table approval until staff can provide funding opportunities. The motion was seconded by Frank and passed unanimously. Liquor License Ordinance Amendment: Weyrens stated that the City received a request from the Local Blend to sell strong beer under their wine license. In reviewing the Liquor Ordinance it was discovered that the Ordinance is not consistent with State Statute as the Ordinance includes a provision for a surcharge if strong beer is requested. The City is prohibited from charging a surcharge. Therefore Weyrens requested the Council amend Ordinance 72.02 deleting the subd. d. Loso made a motion to amend Ordinance 72.02 removing Subd. 5(d). The motion was seconded by Wick. Discussion: Wick questioned how to work this with the current license. Weyrens stated that the additional sale of strong beer would be included with the new liquor license. The motion passed unanimously. CSB Sewer Charges: Weyrens stated that information regarding the CSB Sewer Charges was distributed separately. The attorney has received an alternate proposal from CSB and staff is in the process of reviewing the proposal. She stated that they will be objecting their proposal and they will continue their discussions as any new proposal must be measurable to avoid conflict in the future. The draft May 21, 2009 Page 8 of 8 correspondence will be forwarded to the Council before submittal to CSB. Frank stated that he is frustrated and felt that other strategies could have been used to deal with this situation. Rassier stated that the Council's goal is to settle the outstanding bills for 2007, 2008 and 2009 and then come up with a new system for billing them for sewer charges. He added that it is prudent that the Council as a whole work on negotiating a new system and he is confident that this issue can be worked out. Wick questioned whether this will be addressed in June as they were given a June 1 deadline for payment. He then questioned when the liquor license will be addressed and if the Council will have sufficient time to conduct a hearing on the matter. Weyrens stated that the Council could consider the matter on June 4. Bond Opportunity: Weyrens advised the Council the City Bond Counsel has presented an opportunity for the City to re-finance the bonds that were issued for the Maintenance Facility. The Maintenance Facility was financed by the issuance of Public Project Revenue Bonds issued through the St. Joseph EDA. These bonds do not require voter approval and as such carry a slightly higher interest rate. Bond laws have since changed and City can now issue GO Capital Improvement Bonds which carry a lower interest rate. In order to re-finance this bond as a GO Capital Improvement Bond, a Public Hearing must be held. The Council agreed to set the hearing for June 4, 2009. Monte Eastvold, Northland Securities, will be present to show the projected savings. Bartlett stated that there are nine years remaining on the current bond issue. Frank questioned whether or not the City will see overall savings on the bottom line to which Bartlett stated we would. WAC/SAC Fee: Weyrens stated that there is a situation at the College in which they are planning to make use of an unoccupied space. She suggested that they be charged 1.75 units x $2,200. In the past, the City has charged WAC/SAC for similar situations. They already paid their WAC/SAC fees for Gorecki and Marmion. Wick suggested that the City not change its process until an agreement is made. She added that she needed clarification as they plan to issue the permit next week. Loso questioned what the proposed use is. Weyrens replied that they plan to use it for health services for their students. Adjourn: Loso made a motion to adjourn at 8:45PM; seconded by Wick and passed unanimously. ~~, -'%~~ Judy eyren~ Ad inistrator