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HomeMy WebLinkAbout03-20-08March 20, 2008 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, March 20, 2008 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz and Steve Frank City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Police Chief Pete Jansky, Public Works Directors Dick Taufen and Terry Thene Others Present: Approve Agenda: Wick made a motion to approve the agenda with the following additions: Add 11g Utility Lines Add 11h Capital Equipment The motion was seconded by Symanietz and passed unanimously. Public Comments to the Agenda: No one present wished to speak. Consent Agenda: Symanietz made a motion to approve the consent agenda as follows: a. Minutes -Deleted b. Bills Payable -Approve check numbers 000135-000140; 040040-040011; and 000439. c. Gambling -Accept the Premise Permit Application for the American Legion Post 328 to operate lawful gambling at 101 Minnesota Street W. d. Treasurer's Report -Accept the February 2008 Treasurer's Report as presented. The motion was seconded by Schultz. Discussion: Frank questioned item (b). He questioned the disposal of computers and printers to Central Appliance Recyclers. He questioned whether or not the City has considered donating old computer equipment to anon-profit organization to which Weyrens responded yes, but the computer components disposed were not viable for future use. The motion passed unanimously. Public Hearing -Outdoor Event. Sal's Bar: Weyrens stated that the purpose of the hearing is to consider a proposed outdoor event to be held on May 9, 2008 at Sal's Bar for an event known as Senior Farewell. The College of St. Benedict and the City have been working together to make this a safe event for students. Similar to last year, they will have a beer garden and the College will provide security for the event. Maintenance will be responsible for supplying garbage containers for the event. Schultz questioned who pays for the reserve officers that are on duty for the event. He was advised that the College is responsible for those costs. Frank stated that this was a good event last year. He did, however; question the budget/fiscal impact to the City. In the information provided to the Council, it was noted that there were no fiscal impacts to the City. According to Frank, there are fees associated with the clean-up of the streets and the publication of the Public Hearing Notice, etc. Weyrens advised the Council that the applicant pays a fee of $500 for this type of event as well as a $1,000 damage deposit to cover any additional costs. Symanietz agreed with Frank that the event ran very smoothly last year. Schultz then questioned whether or not there were any concerns from the Police Chief. Rassier stated that he talked to Chief Jansky and he stated that he felt the event worked well last year and he had no concerns. Frank stated that the only concern from last year was whether the students would cut through March 20, 2008 Page 2 of 7 the chapel area to get back to St. Ben's. S. Margaret Wurn was present and stated that the Monastery supports the event as presented to the Council and they did not have concerns from the 2007 event. The public hearing was opened and closed as no one present wished to speak. Symanietr made a motion to authorize the issuance of a temporary Outside Liquor permit to Sal's Bar for an event to be held on May 9, 2008 between the hours of 9:00 PM and Midnight. The motion was seconded by Wick and passed unanimously. Public Hearing -Outdoor Event. St. Joseph Parish: Weyrens stated that the purpose of the hearing is to consider a proposed outdoor event to be held at the Church of St. Joseph on July 3, 2007. A similar event was held last year which included an outdoor concert and a fireworks display between sets. Rick Schwegel approached the Council on behalf of the Parish. He stated that the event will take place in the parking lot to the east of the Church. The parking lot will be fenced off and there will be three entrances, all of which will have security. There will be 4 Stearns County Deputies, 10-12 St. Joseph Police Officers/Reserve Officers and 20 security personnel from the Church on patrol during the event. Schwegel stated that he was unaware of any problems for the 2007 event and will work with Chief Jansky for the necessary scheduling. Weyrens advised the Council that they should consider approval of the blocking of CR121 as well as the issuance of the permit. Schwegel stated that they would like to have the area blocked off at 4PM to midnight to allow for them to set up for the event. Frank questioned whether or not there wilt be detour signs to which he was advised that there would be. Jansky stated that the traffic will be detoured via Callaway Street. The public hearing was opened and closed as no one present wished to speak. Again, Frank addressed the Budget/Fiscal Impacts of the event. He stated that he would like to see what costs the City incurs for events such as this. On behalf of the Church, Schwegel stated that they pay for all costs associated with Police protection for the event. He stated that the event offers good exposure for the City as it draws a lot of people to St. Joseph. Wick questioned Schwegel as to how they will approach the neighboring residents as to the noise associated with the event. In the past, they have offered residents the option of a hotel room for the evening; however no one has taken advantage of the offer. Schwegel stated that this year they have also contacted Collegeville Development Group as residents will be living in the Millstream Shops and Lofts complex. Frank made a motion to authorize the issuance of a temporary Outside Liquor permit to St. Joseph's Church for an event to be held on July 3, 2008 between the hours of 4:OOPM and Midnight, authorizing the closing of College Avenue SI CR121 between Minnesota Street and East Baker Street during the same time period contingent upon an approval from the Stearns County Engineer. The motion was seconded by Symanietr and passed unanimously. Coborn's Realty: Mayor Rassier called the hearing to order and stated the purpose of the hearing is to consider the vacation of a drainage easement between lots 1 and 2 Block 3 Buettner Business Park. The vacation is being requested to re-plat the property for future commercial development. With no one wishing to speak, the Public Hearing was closed. Weyrens stated that when the hearing was published it was anticipated that at the same meeting the Council would be approving the preliminary and final plat entitled Coborn's Realty Plat. The proposed plat reconfigures the above stated property for the future development of a medical clinic, grocery superstore and office/retail complex. The Planning Commission conducted a public hearing for a PUD Development and Plat recommending approval of the City Council contingent upon submission of revised March 20, 2008 Page 3 of 7 drawings. Since the City just received the revised drawings, the City Engineer has not had an opportunity to review the same. Therefore, action on the plat cannot occur at this meeting and without approving the plan the current easements cannot be released. Rassier questioned Sabart as to whether or not the Stearns County Engineer has approved the access to the site from County Road 133. Sabart stated that there is an existing driveway along CR133 and Stearns County will allow the ingress/egress at the current width. The comments of the Engineer require access to Elm Street as well. Rassier also questioned how they will connect to sewer and water. Sabart stated that they will be connecting to existing stubs rather than cutting into the streets. Schultz questioned whether or not the City has received comments from Burlington Northern to which Sabart stated they have not. Frank addressed the long term tax issue and if Centracare will pay taxes on the new facility. Weyrens provided information from the Stearns County Assessor that indicates the taxing of the facility is dependent upon the organizational structure. If the clinic is part of a hospital facility that it is not taxed. Until the property is developed and the Assessor has an opportunity to review the project it is undetermined the tax impact. Mike Wallin spoke on behalf of Coborn's and stated that he is uncertain of the tax impact as Coborn's is only selling the property to Centracare and they are responsible for their own development. Frank also questioned the plans for the retail portion of the plat. Wallin stated that there will be three separate lots. They had to re-plat the area as Centracare needed more acreage than one lot. He stated that they have used abest-guess for the retail area that is shown as they have no idea what will actually be built on that lot. Frank questioned whether the sewer and water that is available to that area will be able to handle the possible uses of those lots. According to Sabart, based on the proposed footages, the City system will have adequate capacity to handle the future uses. Frank then spoke with reference to the Comprehensive Plan and lots that remain empty or buildings that become vacated. He stated that he would like these issues addressed in the future Comprehensive Plan. Wick questioned where the driveways will be located. Sabart stated that they will be placed as shown on the plans. He added that a revised plan will be drafted to allow for a left hand turn lane based on adequate spacing. Wallin advised the Council that, right now, this is their best guess as to how this area will be developed in the future. They will be bringing back new plans when they are ready to further develop the area. Rassier questioned whether or not the road between the lots will be designed to City Standards. Weyrens stated that they will not as they are not public streets. Sabart added that they are private streets and those issues are still being addressed with the developer. Wallin also added that they will build all roads to allow for emergency vehicles to maneuver around. Wick made a motion to table action on the easement vacation and plan until the first meeting in April provided the additional information has been reviewed and determined to be sufficient. The motion was seconded by Schultz and passed unanimously. CITY ENGINEER REPORTS Water Filtration Plant Update: Sabart reported that they have been working with the General Contractor, John T. Jones, on the remaining four punch list items. They are hoping to have the work completed over the next couple of weeks. He added that they will be bringing the final application for payment along with a change order to the Council for approval at the first meeting in April. According to Sabart, the change order will consist of seven items reducing the contract costs by $8,334.00. March 20, 2008 Page 4 of 7 POLICE CHIEF REPORTS February Activity Report: Chief Jansky approached the Council to answer any questions relating to his monthly activity report. He stated that, in the future, they will be adding information detailing the times and dates of the different calls. He stated that this month there were 154 ICR's compared to 181 last year and 140 in the same time of the year prior. Jansky also stated that as the temperatures start to rise, they will begin to see an upswing in the number of calls into their department. According to Jansky, they have the following events coming up which will create more work for their department: • Senior Farewell • July 3~d Event -Church of St. Joseph • Saint Stock Frank presented the Council with some statistics that he found online regarding the crime rates in St. Joseph. Jansky reported that the City received a $1,200 grant to help offset the costs of overtime for the department. He added that they recently had a mishap with one of the patrol cars, but it is back in use at this time. Jansky also advised the Council that he recently attended the Emergency Management Conference at which they discussed the need for Cities to update their safety plans. He also stated that the Councilors may need to take more NIMS training, but he will get back to them with further information. Based on the activity report, Frank questioned the following: • Welfare checks -Jansky stated that their department would do a welfare check if someone calls and they have been unable to get a hold of someone and they are concerned about his/her welfare. • Business Assist -This category is used to report assistance to local businesses that do not fit any other categories or for the delivery of agendas for the City. Schultz suggested the possibility of the Police Department getting some of their reporting put on the website for the public to view. MAYOR REPORTS APO: Rassier reported that the Executive Board meeting for the APO was cancelled due to lack of business. He added that he received a spreadsheet showing the new transportation numbers for each City/Township. Audit Review: Annually, during the City's Audit, the Mayor is interviewed to question any possible fraud within the City. He stated that he recently spoke with the auditor's for his comments. Weyrens advised the Council that the auditors will present their findings to the Council in June. COUNCIL REPORTS FRANK - No Report SCHULTZ Schultz stated that he had no reports; however, he did have a few questions. 1. Sales Tax Committee: Schultz questioned the status of the sales tax committee. Rassier stated that they are still waiting for the Chamber of Commerce to select a member to be on the Committee. March 20, 2008 Page 5 of 7 2. Summer Rec Survey: Previously, the City sent a survey to residents regarding Summer Rec and Schultz questioned the status of summer rec for the City. Weyrens advised the Council that the Boys~and Girls Club will be doing the summer rec for this summer. WICK Millstream Arts Festival: Wick reported that the Millstream Arts Festival will be coming to St. Joseph again this year and committees are beginning to form. Anyone wishing to get involved should call him for more information. St. Cloud Economic Development Partnership: Wick stated that he attended the SCEDP meeting at which they discussed several bills which will be reviewed by the Senate and the House. He will provide follow- up information to the Council when they are finished. SYMAN I ETZ Women in City Government: Symanietz reported that she attended the first meeting of the Women in City Government. They discussed what they will be doing at the League of Minnesota Cities Conference. She also stated that she was chosen to be on the nominating committee for the Board of Directors. Play4round Committee: Symanietz advised the Council that the Playground Committee met and they are working on picking out the different playground equipment for the City. Park Board: According to Symanietz, the Park Board met to talk about playground equipment for the City with hopes to not duplicate what equipment is available at the school. CMBA: Symanietz reported that she attended the CMBA meeting at which they had a speaker from MN Greenstar who talked about "building in green". She stated that it was very informative. ADMINISTRATOR REPORTS Interim Use Permit -Student Housing LLC: Weyrens stated that Student Housing LLC has applied for an Interim Use Permit at 119 College Avenue N. This lot is located adjacent to the car wash ownd by Michael Deutz (Student Housing LLC). Deutz advised the Planning Commission that he is looking to expand the current car wash; however, it may be 6 months to a year before the expansion will occur. The Planning Commission has recommended approval of the Interim Use Permit fora 3 year period with the permit being renewable every year. As the Planning Commission Liaison, Wick stated that the expansion may take a while due to storm water issues with the property as well as the economy. Originally, he was not comfortable with the permit being approved for the three year period; however, he then stated that it may take 3 years before the expansion is feasible. Weyrens advised the Council that, although the permit is good for a period of 3 years, the City may require the change in use in less than 3 years if the surrounding area develops sooner than expected. Schultz questioned the possibility of this home be used as a rental property indefinitely. Weyrens stated that after the three year period expires, they would need to reapply for an Interim Use Permit. Schultz replied stating that the City cannot force development to occur. Weyrens added that the EDA may be able to find a developer interested in developing some of those properties. Rassier agreed with Schultz that the economy could go stagnant and they may be asking the City to continually renew the Interim Use Permit. He also reminded the Council that the purpose of the Interim Use Process is to make use of those types of properties until development occurs. Weyrens added that generally more than one lot is needed for development to occur. Wick also added that the Interim Use Permits are renewable and revocable. Wick made a motion to authorize the Mayor and Administrator to execute the Resolution of Findings, issuing an Interim Use Permit to Student Housing LLC to operate anon-owner occupied March 20, 2008 Page 6 of 7 rental at 109 College Avenue North. The motion was seconded by Symanietr and passed unanimously. Interim Use Permit -Tom Dullinger: Weyrens stated that Tom Dullinger applied for an interim Use Permit to allow a non owner occupied rental at 35 College Avenue North. The Planning Commission conducted a public hearing on March 3, 2008. Dullinger indicated that he purchased the home for his son to live in until the property is ready for commercial development. Wick stated that the Commission had similar discussion during this hearing as the hearing for Student Housing LLC. In this case the property owner purchased the property in anticipation of the transition to commercial. Frank made a motion to authorize the Mayor and Administrator to execute the Resolution of Findings, issuing an Interim Use Permit to Tom Dullinger to operate anon-owner occupied rental at 35 College Avenue North. The motion was seconded by Rassier and passed unanimously. Discussion: Eck stated that this property may take longer to develop as more acquisition will be needed to encourage development. Ordinance Amendment - R4 PUD Regulations: Weyrens reported that the Planning Commission conducted a public hearing on March 3, 2008 to amend the R4 Ordinance reliving the minimum acreage requirement. When Collegeville Development Group presented their concept plan for the CSB Villages, their plan did not include 20 acres therefore, the R4 Ordinance could not be utilized. It was during that discussion that the Planning Commission agreed to consider amending the ordinance to remove the provision requiring 20 acres, making the Ordinance similar to the R3 Ordinance, both high density residential districts. The amendment would then create consistently with the other high density residential district. Symanietr made a motion to authorize the Mayor and Administrator to execute the Amendment to Ordinance 52.30 Subd. 1; relieving the minimum acreage requirement in an R4 Zoning District and cause the same to be published. The motion was seconded by Frank. Discussion: Schultz questioned Weyrens as to how the 20 acres was chosen as well as where the PUD process is used in development. Weyrens stated that the PUD process can be used in any zoning district to allow for different types of housing. She added that there are a lot of requirements for the use of the PUD process and it is not used for the purpose of increasing the density. According to Weyrens, PUD is a process and the underlying zoning district would still remain in force. The R4 Zoning District requires developer to use the PUD process and follow the requirements. Ayes: Rassier, Wick, Symanietz, Frank Nays: Schultr Motion carried 4:1:0 Comprehensive Plan Update: Weyrens stated that the next meeting for the Comprehensive Plan will be held on March 26, 2008. The purpose of this meeting will be to develop the mission statement and review the first half of the City's Land Uses. They will begin to start laying out the different neighborhoods and create focus groups. Frank stated that he attended the last meeting and he was concerned as there was no mechanism for public comments. Weyrens stated that future agendas for the Comprehensive Plan will include a Public Comments agenda item. This item will be at the end of the meeting so those present can comment on what they have observed. Also, Frank added that there was no date listed as to when the surveys should be completed by. He advised residents that they have until March 27 to hand in their completed surveys. Frank also suggested that the Comprehensive Pian contain a glossary to define terms that people may not be familiar with. He added that he was frustrated at the meeting as he felt there was too much material covered way too fast. Wick stated that they were only given a set amount of time to allow for people to get a quick visual and see what people thought after a first glance. March 20, 2008 Page 7 of 7 According to Frank, many cities find it smart to be green and he would like to see that added into the section relating to wetlands and shorelines. Frank concluded by stating that the language used needs to be stronger than in the past. Rassier stated that he attended the meeting as well and he was impressed by the closeness of the maps completed by the different groups. April Planning Commission Hearings: Weyrens stated that the Planning Commission will conduct public hearings for the following Ordinances on April 7, 2008. • Ordinance 55: Housing Occupancy. Weyrens advised the Councilors that an information meeting was held and all landlords were invited to attend. No one attended the meeting to give any insight. • Ordinance 52.08: Non Conforming Uses. Weyrens stated that this Ordinance must be amended to reflect recent changes in State Statute regarding the ability to reconstruct in the event of damage greater than 50% to the structure. Upcoming Meetings: • March 31: The Council will be interviewing the consultants for the Master Park Plan. The interviews will begin at 6:30. • March 25: Velma Krobel from the Human Rights Office will be in Waite Park for a meeting with the area cities. At this time, Cities will be asked to decide whether or not they want take part in the regional human rights office. Utility Lines: Wick advised the Council that he attended an open house in Melrose at which they discussed the utility lines that will be constructed from Monticello to Fargo. They are proposing to construct asub-station by Belle Claire Acres. He added that they plan to finalize the route between Monticello and St. Cloud by June. They hope to have these built by 2011. Wick stated that he addressed this at the St. Cloud Economic Development Partnership meeting as well. He also added that they plan to pick the route from St. Cloud to Fargo by fall as well. They will beabove-ground power lines that will be approximately 75-100' tall and 600' apart. Capital Equipment: Weyrens advised the Council that the City has received the closing documents for the 2008 Equipment Certificate finalizing the financing for equipment. At this time, Chief Jansky is requesting to order the tasers and Administration would like authorization to begin the computer upgrade program converting all computers to Windows XP and replacing selected computers. Symanietr made a motion to authorize the capital expenditures for the purchase of tasers for the Police Department and the computer upgrade program. The motion was seconded by Schultr and passed unanimously. WSB Update: Frank questioned where WSB is in the study process. Weyrens stated that they are currently working on the different studies that are needed for the different alternatives and waiting for the State to review those alternatives. They were only required to gather information for those additional alternatives that were chosen. Frank then questioned what was approved by the APO, to which Weyrens stated she would look into that. Weyrens stated that the process will be done as soon as WSB receives all necessary comments. Adiourn: Wick made a motion to adjourn; seconded by Symanietr and passed unanimously. ~ ~ ~~ Jud ey e~is A i istrator