Loading...
HomeMy WebLinkAbout04-17-08April 17, 2008 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, April 17, 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 Director Terry Thene and Finance Director Lori Bartlett Others Present: Grace Donovan, Tom Petroski, Michelle Fischer, Mike Wallin, Sr. Thomasette, Chas Rising, Steve Kalkman PUBLIC COMMENTS TO THE AGENDA ATV Ordinance: Tom Petroski, 1407 Pond View Lane E, approached the Council to speak about the current ATV Ordinance and the impacts it has had on his neighborhood. According to Petroski, those driving the ATVs are not obeying the speed and time restrictions in the Ordinance. He stated that he spoke with some of the neighboring cities and it seems that St. Joseph is the only City that allows ATVs on City streets. He also spoke with the Police Department and he was told that the number of ATV complaints is on the rise. According to Petroski, it seems as though speeds and times are not being enforced. He questioned Chief Jansky as to how many citations have been issued to which he was told there were none. Petroski stated that other cities are not as lenient and he questioned why the City has an Ordinance if it is not going to be enforced. In conclusion, Petroski asked that the City look at amending the Ordinance. Rassier stated that the City would begin the process of possibly reviewing the ATV Ordinance. Frank stated that he would like staff to provide the Council with information on the ATV Ordinances of the area cities. Approval of the Agenda: Symanietz made a motion to approve the agenda with the following additions: Add Before 6 Public Works Director Reports Add 9c Equipment Request The motion was seconded by Wick and passed unanimously. Consent Agenda: Wick made a motion to approve the consent agenda as follows with minor changes to the minutes of March 6: a. Minutes -Approve the minutes of February 21, March 6 and March 20, 2008. b. Bills Payable -Approve check numbers 000147-000153 and 040150-040209. c. Liquor License Fees -Accept the corrected Liquor License Fees for 2008. d. Probationary Employees -Accept Joseph Pekarek and Eric Poissant as regular employees effective April 22, 2008. e. Moved for discussion prior to item 5. f. Equity Designations/Reservations -Approve the December 31, 2007 equity designations/reservations as presented. g. Moved for discussion prior to item 5. The motion was seconded by Schultz and passed unanimously. Financial Transfers: Frank stated that he had no problems with the transfers as presented; however, he questioned the transfer from Planning and Zoning Salaries to EDA consulting to cover the MDG contract. He stated that the 2008 Budget included the salary of a full time Community Development Director and questioned the impact of the proposed transfer and the salary if an employee is hired. Finance Director Lori Bartlett stated that the contract with MDG allows the City to expire without penalty during the April 17, 2008 Page2of8 calendar year and the balance of the contract would cover the salary and be transferred back to the Planning and Zoning portion of the budget. Treasurer's Report & Quarterly Finance Position: Frank questioned the reports showing the percentage of funds that have been spent so far in 2008 and whether or not the City is running ahead. Bartlett stated that it depends on the function/department of that fund. She stated that the parks department hasn't used that much yet, but they will use more in the summer months. Overall, she stated that the City has spent'/4 of the total year's budget. She added that the City will not receive its tax funds or state aid funds until summer. Frank also questioned the chart showing the revenues and expenditures in the Enterprise Fund. It appears that there are more expenditures than revenues. Bartlett stated that that is due to the Water Treatment Facility and the Water Meter Conversion. With reference to the Cash and Investment Report, Wick requested that, in the future, Bartlett add the beginning balance for the month as well as that of the beginning of the year. Schultz questioned how the City is billed for the EDA Contract. Bartlett stated that the City is billed monthly; however, they will discontinue serving the City once a full time Community Development Director is hired. Frank made a motion to approve approvin~ the funds transfers as requested and accept the March financial statement as well as the 1S Quarter financial position report. The motion was seconded by Wick and passed unanimously. Planning Commission Matters Coborn's Realty Plan: Weyrens stated that the City has been working with Coborns Realty Company on the final plat and development agreement for a Planned Unit Commercial Development. At the March 20, 2008 Council meeting a public hearing was held on the vacation of a utility easement that exists on the property being platted. As part of the platting process the existing utility easement must be vacated; however, the vacation cannot occur until the Council approves the new plan. Since the plan was not ready for approval on March 20, 2008, the Council delayed action on the vacation request. Weyrens stated that at this time the plan documents are ready for approval with minor changes to the Development Agreement. The changes are grammatical in nature and will not result in development changes. Wick stated that previous staff had indicated there were two outstanding items and questioned Sabart as to whether or not those have been taken care of. Sabart stated that there is one outstanding item, but it is minor and the plat should not be held up due to that one item. Frank questioned whether or not the curb issues have been resolved. Sabart stated that they were talking about a curb cut for drainage versus a barrier curb within the plan and those issues have been resolved. Frank then questioned whether rain gardens could be used rather than holding ponds based on the size of the plat. According to Sabart, rain gardens have their place, but they should not be used for every situation. Chas Rising spoke on behalf of Coborn's and stated that it could be an option; however the plat would have to be redesigned as the final documents have been prepared. Sabart added that when looking to use rain gardens, it is important to look at rate controls for runoff. Rassier added that due to the amount of runoff, a holding pond would be better. Sabart also added that rain gardens require more maintenance than holding ponds. Frank questioned Sabart as to whether there are any in the St. Cloud Area. According to Sabart, there are some in both Sartell and St. Cloud. Weyrens stated that the Council is being asked to approve the Preliminary/Final Plat and Development Agreement for the Coborn's Realty Plat. Wck stated that the Planning Commission recommended approval of the plat entitled Coborns Realty Plat. April 17, 2008 Page 3 of 8 Schultr made a motion to approve the Preliminary Plat entitled Coborn's Realty Company. The motion was seconded by Symanietz and passed unanimously. Weyrens advised the Council that approving the Final Plat is also approving the PUD. The Development Agreement included for Council review identifies the details of the PUD. The Plan illustrates the future uses and footprints. Any change in the footprint will require a public hearing and approval by the Planning Commission and City Council. Each individual use on the plat will require separate development plan approval by the Planning Commission. Symanietr made a motion to approve the Final Plat entitled Coborns Realty Plan and authorize the Mayor and Administrator to execute the Development Agreement between Coborns Realty and the City of St. Joseph detailing the PUD requirements. The motion was seconded by Frank. Discussion: Frank questioned the parking situation and whether parking will be specific to each business or whether they will share parking spaces. Weyrens stated that each business will need to provide the required number of parking spaces; however, they may use the others' spaces in the event of overflow. Wick questioned whether the Development Agreement will serve as a PUD to which Weyrens advised the Councilors that it is recorded with the Final Plat. The motion passed unanimously. Wick made a motion to authorize the Mayor and Administrator to execute Resolution 2008-007 Vacating the Drainage and Utility Easement on Lots 1 and 2; Block 1 Buettner Business Park and execute the notice to the County Auditor verifying vacation. The motion was seconded by Symanietr and passed unanimously. Frank questioned Rising as to his experience throughout the development process in St. Joseph versus the area cities. Rising stated that he had a good experience working with Weyrens. Although the re- platting process was more complicated than anticipated, it will be better for the developer in the long run. Centra Care -Development Agreement: Weyrens stated on April 7, 2008 the Planning Commission reviewed the development plan for Centra Care. The development plan included constructing a 12,900 square foot medical facility with two potential expansions. The Parking illustrated on the plan provides enough parking for the full build out of the site. Weyrens stated that the development agreement has been provided to the Council for approval. The purpose of the Development Agreement is to memorialize the approved actions. The draft will be amended to illustrate the parking constructed with phase one and the number required for future phases. Steve Kalkman, SJA Architects, approached the Council on behalf of Centra Care. He stated that the 15' phase will be approximately 12,900 square feet and will include 112 parking spaces. The building will be designed to handle two additions. Wick stated that the Centra Care project was approved by the Planning Commission. Rassier questioned whether or not they would be putting curb and landscaping along CR 133 to which Kalkman stated they would be adding curb and the landscaping will be completed with the first phase development. Sabart stated that plan also includes a berm along CR133. . Schultz questioned a possible extension to the Wobegon Trail. Kalkman advised the Council that they have proposed to have a trail extension, but they will continue to work on that for the future as this requires a permit from MNdot. Frank stated that there is a 40' height requirement. He questioned whether a partial second floor would cause any problems. Weyrens stated that there would not be any issues. Frank also questioned Kalkman as to whether or not they plan to use LED lights. Kalkman stated that LED lights are very common April 17, 2008 Page 4 of 8 nowadays, as they are brighter and last longer. Frank then questioned what kind of doctors will be practicing at the new facility. Kalkman stated that they will begin with general practitioners and they may branch out into more specialized areas as they expand. Frank made a motion authorizing the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and Centra Care for the construction of a medical facility. The motion was seconded by Symanietz and passed unanimously. Kalkman advised the Council that they will be closing on the property on April 30 and they plan to be digging ground in May. Ordinance 55 - Housin4 Occupancy: Weyrens stated that over the past three months the Planning Commission has been working on amending Ordinance 55. During the review of rental license provisions in the R1 Zoning District it was noted that Ordinance regulating housing is not consistent with current polices and the staff recommended the Ordinance be updated at the same time the Planning Commission was reviewing rental units in the R1 Zoning District. Staff had provided the Planning Commission with copies of Ordinances from other Cities and requested the Planning Commission provided direction to the staff as to what they would like to see in the Ordinance. By consensus, the Planning Commission requested the staff provide a draft Ordinance based on the Northfield Ordinance for review and comment. After considerable discussion and amendments, the Planning Commission is recommending approval of the revised Ordinance. The revised Ordinance sets minimum standards for living spaces and bedrooms can only be rented if room was designed for a bedroom. Currently spaces have been converted to bedrooms that were not intended for sleeping quarters. Such spaces include porches, attics and living rooms. The new Ordinance also includes more health welfare and safety provisions with respect to stairways, ceiling heights and safety devices. The Ordinance will allow property owners two years to bring the property into compliance. When the inspections are completed in 2008, it will include a two phase process. First the inspection will be completed using the current standards and then a second inspection will be completed based on the new Ordinance. The new Ordinance makes references to built-in deficiencies, which relate to construction standards that have changed over the years making old structures non-compliant. An example of a built- in deficiency is the width of a stairway or headroom at the top of the stairway. These items can only be modified with structural changes, therefore they are identified as built-in deficiencies and can remain. However a stairway with open risers or no guard rail must be fixed. Wick stated that the major discussion before the Council was the definition of a built-in deficiency and the impact it will have on the existing rental units. The Planning Commission requested the Rental Housing Inspector prepare an impact of the Ordinance after all the inspections have been completed to see the number of deficiencies vs. built-in deficiencies. Weyrens added that the new Ordinance also includes parking standards which were not included before. Schultz questioned the rationale of determining the impact after the Ordinance is adopted and questioned why the inspections wouldn't be completed before the Ordinance is adopted. Weyrens stated that the Ordinance must be amended first to provide some guidelines. Wick stated that the rental inspector stated that he needs to know what items to be looking for. It would be better to approve the Ordinance and make minor changes, if necessary. Schultz questioned whether or not this will lead to hardships for some landlords. Rassier stated that some houses may not meet the new livability standards. Frank stated that this is a significant improvement and it will lead to better rental houses. Weyrens stated that the Planning Commission agrees that the amended Ordinance is a good Ordinance for the City, now it must be determined how it will impact past rental units. All new rental will be held to the higher rental standards. April 17, 2008 Page 5 of 8 Frank questioned the provision in the current Ordinance relating to homes constructed before 1940 and the significance of the year. Weyrens stated that upon review of the Ordinance it appeared as 1940 related to a HUD housing standard which is no longer applicable. The Planning Commission had this provision removed. Frank stated that in reviewing the minutes of the Planning Commission the Ordinance Amendment changed the response time for which a property owner had to respond. The amended Ordinance indicates a thirty minutes response time and Frank questioned the changing from a twenty minute response time in the current Ordinance. Wick stated that the Ordinance was inconsistent and listed different response times in different times. The Planning Commission standardized the response time to thirty minutes throughout the Ordinance. With respect to enforcement of the rental properties, Frank questioned if the owner name and information is available for staff. Weyrens stated that that information is available on the network. Frank also questioned whether or not this Ordinance will include sunset provisions. Weyrens stated that it would not as the City Attorney has previous indicated that sunsetting a rental license would result in a loss of revenue and the City could have liability. Wick clarified that sunsetting a rental license could constitute a taking of the property. Weyrens stated that the City does however, have the ability to require standards that may reduce the density and that would not be considered a taking. Rassier stated that he was the rental inspector atone time. He agrees with the current inspector that the current Ordinance is hard to work with. He added that we do not want people to begin changing the structures. Wick made a motion to authorize execution of the amendment to Ordinance 55, causing the same to be published. The motion was seconded by Symanietz. Ayes: Rassier, Wick, Symanietz, Frank. Nays: Schultz Motion Carried 4:1:0 Wick made a motion to authorize execution of Resolution 2008-004 Authorizing Summary Publication of Ordinance 55. The motion was seconded by Symanietz. Ayes: Rassier, Wick, Symanietz, Frank. Nays: Schultz Motion Carried 4:1:0 PUBLIC WORKS DIRECTOR REPORTS Equipment Replacement: Public Works Director Terry Thene advised the Council that the transmission is out on one of the pickup trucks as well as the rear end. The estimated repair cost is $ 3,000 and the vehicle has a listed value of $ 1,800. That being the case, it does not make sense to stick more money in the vehicle than it is worth. Thene requested the Council authorize the purchase a Ford 1-Ton pickup with a utility box and crane. The crane would be used for lift station pump repairs. The staff currently lists the pumps and manhole covers with a wench and rope, which is safety hazard. The estimated cost for the new truck is $45,000. Eventually Thene stated that he would like to add a plow package to the vehicle to assist with snow removal. Thene stated that he has been working with Administration on the financing and proposes using the funds in the equipment certificate that were designated for a tandem axel truck and the balance from the equipment fund. At this time Thene stated that he does not see a need for a tandem axel truck as the City is not large enough. Wick made a motion to allow the expenditure of up to $45,000 for the purchase of the new Ford 1- Ton pickup for the Public Works Department. The motion was seconded by Symanietz and passed unanimously. 800 MHz Radio Update: Thene reported that the 800 MHz radios are up and running for the Maintenance Department. April 17, 2008 Page 6 of 8 POLICE CHIEF REPORTS Monthly Report: Police Chief Jansky presented the Council with the March Police Activity Report. Jansky reported that the activity in the department has been fairly low with an increase in the number of cases relating to identity theft. When questioned about gas theft, he stated that they haven't had any issues yet. Frank questioned if Jansky could use the same format as the FBI for creating crime rate reports as it would be interesting to compare types of incidents. Jansky stated that the City/Stearns County does not have the same format built into the software. Frank also addressed the number of animal complaints. He stated that he has had a number of complaints regarding cats and the current ordinance states that cats cannot run freely. Jansky stated that the City does not regulate cats, as we do not license them and we have no place to house stray cats if they are picked up. Frank questioned the possibility of a cooperative effort with the area cities to which Jansky stated that they have talked about a possible animal control officer. Upcoming Events: Jansky stated that the following events will be taking place over the next few weeks: Pine Stock -Weekend of April 26 Senior Farewell -May 9 Ride along: Jansky offered the Council members the opportunity to ride along with an officer to see what they do. MAYOR REPORTS - No report COUNCIL REPORTS SYMANIETZ - No report WICK St. Cloud Economic Development Partnership: Wick reported that the SCEDP will be hosting an event on May 215 at 7:30am for City Council members and Mayors to explain the different programs that are offered through the Partnership and the activity taking place at the St. Cloud Regional Airport. SCHULTZ - No report FRANK Street Cleaning: Frank questioned Thene as to when the Maintenance Department will begin cleaning the streets. Thene stated that they have already begun to clean the streets and should be completed shortly. Garbage Contract: Frank questioned Weyrens about the current garbage contract. He stated that he has received calls from residents who would like to see the City begin offering the bag system again. Weyrens stated that St. Cloud only offers the bag system to residents; however, she stated that the can system is the most equitable as everyone then pays for refuse service. With the bag system, she stated that residents were sharing a service and it did not see equitable. ADMINISTRATOR REPORTS Cooperative Agreement -Treatment Plant Expansion: Weyrens stated that previously the Council reviewed the draft Cooperative Design and Pool Capacity Agreement for the St. Cloud Wastewater Treatment Plant Expansion. At this time the agreement has been modified and the staff is requesting the City Council authorize execution of the Cooperative Design and Pool Capacity Agreement as presented. St. Joseph is the last City to request execution with Sartell doing so earlier in this week. April 17, 2008 Page 7 of 8 Symanietz made a motion to approve Resolution 2008-005 authorizing the cooperative Design and Construction Agreement with the Pool Capacity Attachment as recommended by the SCAWAC. The motion was seconded by Frank and passed unanimously. Regional Human Rights Effort: Weyrens stated that the Council must make a determination if the City of St. Joseph will be participating in the Regional Human Rights Office. Since the joint meeting in Waite Park, a proposed resolution has been prepared if the Council moves forward. The resolution provides for a constant per capita fee for a four year period and sunsets at the end of that period as well. With regard to the advisory committees, the will be defined after it is determined the number of entities participating. Rassier stated that he does not believe the Regional Human Rights Office is designed how the joint venture was initially proposed. At the beginning of the process the office was to be a cooperative effort amongst all the area Cities and the three Counties. Rassier further stated that he was of the understanding that office would have a greater focus on enforcement and has concerns to the level of service that can be provided with only three entities. Rassier stated for these reasons he does not believe he can support the joint venture at this time as it is his opinion it will not be an additional benefit to the residents of St. Joseph. Symanietz stated that she too has concerns with the proposed regional office and stated that the residents are currently paying for Human Rights services through their taxes and the additional funds for the office could be considered double taxation. Frank advised the Council that he is in support of the creation of a Regional Human Rights Office. He stated that when he was questioned about this in the fall, he gave his support and he plans to keep supporting the effort as it is the right thing to do. According to Frank, there are some that think the office will work with ethnic issues entirely; however, he stated that they will also deal with veteran's rights as well as age discrimination, etc. In the long run, he believes that supporting the regional ofFce will save the City money. Frank added that if more cities were to join in the regional human rights effort, there would be more consistency throughout the area. Rassier stated that they are using a rate of $1.50 per capita to determine the costs for the project which would amount to approximately $8,000 this year. He also corrected Frank by stating that Veteran's rights will not be dealt with at this office, rather they will be referred to the VA for assistance. Schultz questioned what other entities have turned down their support of the regional office. Symanietz stated that all of the area cities and counties have turned it down so far except for Waite Park. Weyrens stated that it was anticipated that once the office is running the remaining area Cities would request to participate. Frank made a motion to.approve Resolution 2008-006 Supporting a Joint Powers Agreement between the City of St. Cloud and Interested Area Cities for the Purpose of Creating a Regional Human Rights Office. The motion was seconded by Symanietz. Discussion: Eck stated that he will not be supporting the resolution, not because he does not support human rights, rather the residents are already being taxed for the service through the State of Minnesota. Eck further stated that when the Commissioner of Human Rights was asked if she could open a new office where would it be located, it was not St. Cloud. St. Cloud was in the top five but not the top three. He further stated he has concerns with the proposed Joint Powers Board and one entity have majority control. During his research he discovered there are currently over fifty Human Rights Commission in the State of Minnesota with only three having investigatory powers. During the presentation from the Commissioner of Human Rights she also indicated that the education and outreach will be outsourced. Based on this research, St. Joseph could form their own Human Rights Commission how would assist with the educational resource piece Ayes: Symanietz, Frank Nays: Wick, Rassier, Schultz Motion Failed 2:3:0 April 17, 2008 Page 8 of 8 Eauipment Certificates: Weyrens advised the Council that the City purchased its current copy machine in 2001 as a demo machine from Chader Business Equipment. While the machine is still operating, the parts are no longer available and it is inevitable that the machine will need replacement. As part of the 2008 Equipment Purchase, the copy machine was included at an estimated purchase price of $ 15,000. Weyrens stated that the City has received competitive bids from three companies. The proposal included options for both leasing and purchase. The outright purchase is a better financial decision and that is what is being recommended at this time. Weyrens recommended the Council approve the purchase of a Konica BizHub from Chader Business Equipment at a cost of $ 11,845.75, with the additional cost networking and three hole punching. The machine is the demo machine used by the Chader Business department and has been marked down significantly. Historically the City has purchased demo units and have been very successful. Symanietz made a motion to approve the expenditure of $11,845.74 to purchase a new copy machine along with the additional cost of networking and the three hole punch kit. The motion was seconded by Schultz and passed unanimously. Upcoming Meetings: Weyrens reminded the Council of the following upcoming meetings: Joint City Council/Park Board April 28 7:OOpm Joint Cities Intergovernmental Meeting April 29 dinner at 5:30pm at the Fire Hall Agenda includes Capx2020 and Transportation Access Charge. Bar Violations: The Councilors were provided with information relating to two bar violations. Frank stated that he would like for the City to look at the Matrix that other cities use. Weyrens stated that many other cities do not use a matrix system; however, many have requested information as to how St. Joseph handles these types of violations. Adlourn: Frank made a motion to adjourn at 8:30 PM; seconded by Wick and passed unanimously. J d Weyr ns Aid nistrator