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HomeMy WebLinkAbout07-17-08July 17, 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, July 17, 2008 at 7:00 PM at the St. Joseph City Hall. Members Present: Mayor Alan Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz and Steve Frank, City Administrator Judy Weyrens Citv Representatives Present: Finance Director Lori Bartlett, Police Chief Pete Jansky, City Engineer Randy Sabart Others Present: Brian Orcutt, Alicia Chapman, Sister Kara Hennes, Sister Paula Revier Public Comments: No one present wished to speak. Approve Agenda: Frank made a motion to approve the agenda with the following additionsldeletions: Delete 3a -Minutes June 19 Add 7c -Updates Add 11 a -Space Needs Study/Appraisal The motion was seconded by Symanietz and passed unanimously. Consent Agenda: Frank made a motion to approve the agenda as follows: a. Minutes -Approve the minutes of June 5, 2008. b. Bills Payable -Approve check numbers 040400-040531, 000178-000188 and 000437-000438. c. Application for Payment -Approve Pay Application #6 for the 2007 Jade Road Improvements and authorize payment to RL Larson Excavating in the amount of $64,118.44. d. Gambling Permit -Accept the Gambling Application of the St. Joseph Lions for an event to be held on September 13, 2008 at the St. Joseph Meat Market. e. TIF Refund -Authorize refunding $20,624.97 to Stearns County for excess Tax Increment received for TIF 1-4. f. Treasurer's Report -Accept the June 2, 2008 and 2"d Quarter Financial Report to include acceptance of the donations for disc golf and camping. Discussion: nth regards to the Bills Payable, Frank stated that there were some minor spelling errors. He questioned the bills for K & L Lawncare for mowing of several properties on Jefferson Lane. Weyrens stated that the City pays for the yards to be mowed and the property owner is then billed at a rate of $60/hour. She added that the City is considering implementing a fine for yards that are not mowed. Frank asked Bartlett for some clarification on the chart showing the Enterprise Funds Activities. He questioned why the Expenditures are greater than the Revenues for the Water and Sewer accounts. Bartlett explained that the Sewer expenditures are greater due to increased engineering fees and the Water expenditures are greater due to the water meter replacements. Schultz questioned whether work being done at the Water Treatment Plant is being billed to that department. Bartlett advised the Council that all work done by the employees is coded by department. The motion was seconded by Symanietz and passed unanimously. St. Joseph Fire Relief Association, Annual Report: Brian Orcutt approached the Council on behalf of the St. Joseph Fire Relief Association. He presented the Council with the 2008 Relief report which identifies any liability that will require funding in 2009. Based on the audited report the relief fund will not have a liability in 2009; however, the City has previously agreed to fund $ 3,000 towards the relief in any given year where the fund is fully covered. There were some questions as to whether a retired firefighter is separated or vested. Orcutt stated that, in order to be vested, they must have a minimum of 10 years of service. July 17, 2008 Page 2 of 7 Wick made a motion to accept the Fire Relief Report and authorize the Administrator to execute the Fire Relief Report indicating that the Fire Relief has presented the report to the City Council identifying the liability for 2009. The motion was seconded by Symanietz and passed unanimously. Interim Use Permit. Keith Eisenschenk: Weyrens stated that the Planning Commission held a Public Hearing on July 7 to consider an Interim Use Permit for Keith Eisenschenk, 1306 Iris Lane. As he was not present at the public hearing and Commissioners requested clarification on the submitted application, the Planning Commission recommended that the Council deny the request for Interim Use. Weyrens stated that one of the concerning items to the Planning Commission was the management of the property. The City has had to mail notice of violation of the weed and outdoor storage Ordinances. Since the Planning Commission meeting the outdoor concerns have been resolved. Frank questioned what the options would be if the Council was to deny the request. Weyrens stated that if the request were denied, the applicant could begin the appeal process or they could re-apply for the permit. When questioned if residents were present at the public hearing, Weyrens responded that no one appeared. Wick stated that he would like to see this issue sent back to the Planning Commission for additional consideration. Rassier stated that he is concerned about the tenants that are currently living in the home. As a result, Frank stated he would like to see the request sent back to the Planning Commission with a timeline. Weyrens stated that the City is bound by State Statute to act on the matter within 60 days of accepting a completed action, unless the Council extends the timeline. The timeline can be extended for a specific purpose, such as clarifying the information on the application. Weyrens requested the Council extend the 60 day land use requirement 15 days, allowing the matter to be referred to the Planning Commission on August 4, 2008. Rassier made a motion to refer the Interim Use Permit Application of Keith Eisenschenck,13061ris Lane back to the Planning Commission and extend the 60-day land use requirement 15 days. The motion was seconded by Symanietz. Discussion: Schultz questioned Weyrens to the types of questions, besides proof of residency, that were raised by the Commissioners. Wick stated that they also questioned the number of cars and the fact that they were not parked in the driveway. They also questioned his response to the following question on the application: 6. ill the property use depreciate the area in which it is proposed? "No, I take care of my property as if I was the only one living there." They questioned how he will ensure that this is taken care of. Schultz questioned whether proof of residency has been established to which Weyrens stated that we have proof of ownership. Jansky added that the parking is an issue during winter parking restrictions. Eisenschenk spoke to the Councilors and stated that the vehicles were parked in the road as they are finishing the basement and the garage was full of building materials. Once the project is completed, the cars will be parked in the garage. The motion passed unanimously. CITY ENGINEER REPORTS 2007 Jade Road Improvements: Sabart advised the Council that the Jade Road construction project is nearly complete. They plan to begin the construction of the trail shortly. Sabart suggested that the City delay the completion of the final lift of blacktop on Jade Road until the parking lot at the new school is complete. This would result in the final lift of blacktop being completed in the middle of August. The trail July 17, 2008 Page 3 of 7 has not yet been completed due to the late start to the construction season. He also suggested that the lawn be installed in August rather than July. These changes have not yet been submitted to the contractor, as he stated he would like consensus from the Council prior to submitting the change order. Per Council consensus, this item will be brought back at the next meeting as a change order on the consent agenda. Water Treatment Plant Update: Sabart presented the Council with a letter he received from Timberweld, the manufacturer of the timbers used in the construction at the Water Treatment Plant. Based on their letter, it is stated that some cracking is normal due to changes in humidity. They also stated that based on the initial calculations, the beams were sized correctly. Sabart stated that they will forward this to an engineer for review. Rassier stated that with the support beams that have been added, there shouldn't be any more cracking. Sabart suggested that the City solicit the opinion of another structural engineer separate from SEH. There were some questions raised as to who would be at fault if the beams were removed and the building were to collapse. Sabart stated that it would be a very widespread investigation if such an event were to occur. Sabart concluded by stating that the manufacturer had no concerns as to the design and weight loads of the beams. Countv Road 2 Re-alignment: Weyrens stated that Stearns County is requesting a decision as to whether the realignment of County Road 2 will be constructed as a rural or urban road section. Frank stated it is his understanding that the extension of County Road 2 bypass to County Road 75 will be completed no later than 2009. The County prefers to construct a 2-lane rural road with no curb or gutter; however, the City would like to see an urban roadway with curb and gutter. The County is suggesting the rural roadway to allow speeds of up to 55 mph; whereas, with curb and gutter, the maximum speed would be 40-45 mph. According to Frank, if the County constructs the rural road, there are no costs to the City. On the other hand, if an urban roadway is constructed, it would cost the City approximately $700,000. Currently, this section of County Road 2 is not in the City. He added that the rural roadway would create less environmental impacts. Sabart added that, by adding curb and gutter, there are maintenance issues with snowplowing, etc. Frank then added that the City would be responsible for changes to the roadway once it is in the City. In his opinion, constructing the bypass as an urban roadway may not be the best use of City funds. Although the County has been asking for input from the City, it is a County project and the City has no control. Wick expressed concern with the proposed design for the re-alignment particularly: 1) impact of the road design and the viability of the business on Minnesota Street; and 2) the safety of the intersection of the newly aligned CR 2 and Minnesota Street. Weyrens stated that design of the realignment is complicated by the entrance/exit for 194 and the connection of Field Street. The design requires minimum distances and safety factors. Stearns County will design the re-alignment of CR 2 with a free right so that those who want to go to the downtown area do not have to stop. In addition, the County will allow a free right into the development known as Gateway Commons. Wick questioned whether or not there will be a controlled intersection at the intersection of County Road 2 and Minnesota Street. Sabart explained that there will be a traffic signal if it is warranted. It was suggested that there be a road off of County Road 2 into downtown. Schultz made a motion to recommend that the County Road 2 bypass be constructed as a rural roadway. The motion was seconded by Symanietz. Ayes: Schultz, Symanietz, Prank Nays: Wick, Rassier Motion Carried 3:2:0 Ordinance Amendment -Non Conforming Use 52.08: Weyrens stated that the Planning Commissioin has been working on amending Ordinance 52.08, Non Conforming Use so that the Ordinance will be consistent with Minnesota Statute. Recent legislation allowed non conforming uses to continue if the structure is damaged beyond 50 percent due to an uncontrollable event such as flooding, winds or tornado provided the property owner secures a building permit within 180 days of the event. The July 17, 2008 Page 4 of 7 Planning Commission has unanimously recommended the Council accept the Ordinance amendment causing the same to be published. Frank made a motion to authorize the Mayor and Administrator to execute the amendment to Ordinance 52.08, Non Conforming Uses. The motion was seconded by Symanietz and passed unanimously. Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2008-011 authorizing the summary publication of the amendment to Ordinance 52.08, Non Conforming Uses. The motion was seconded by Wick and passed unanimously. Park Boundary Survey: Weyrens stated that, previously, the Council authorized development of a Master Park Plan to be completed by the Park Board. In gathering information about the City's parks, it was determined that there is not adequate information to locate the boundaries of the parks. As a result, SEH is requesting to do some survey work to assure that the City is developing within the City limits. Wick questioned whether the park boundaries are accurate in the City's GIS system. Sabart stated that the GIS is an accumulation of maps and data. He then questioned where the funds will come from to pay for the survey work to be completed. Weyrens advised the Council that the funds will come from the Sales Tax similar to the funding for the Master Park Plan. Wick made a motion to accept the recommendation of the Park Board and amend the Master Park Plan to include the Park Boundary Survey work, increasing the Park Plan cost an estimated $11,850. The motion was seconded by Rassier. Ayes: Rassier, Wick, Symanietz, Frank Nays: Schultz Motion Carried 4:1:0 Lot Split Request: Weyrens presented the Council with a lot split request for Steve Schirber, 712 Callaway Street East. Schirber is requesting authorization to split the parcel into two lots, with one lot containing the existing house and the second lot for future development. Weyrens stated that the lot split does create two legal lots with regard to setback and lot dimensions. However, the vacant lot that will be created contains an accessory building which is not permitted without a principal structure. The property owner has agreed to remove the accessory building no later than May 1, 2009. Schultz made a motion to approve the lot split of Steve Schirber, creating two single family residential lots as illustrated on the certificate of survey and authorizing the Administrator to execute the Certificate of Compliance based on the removal of the existing accessory building on or before May 1, 2009. The motion was seconded by Wick and passed unanimously. Conservation Trainin Worksho :Weyrens advised the Council that the City has received an invitation from Tom Kroll, Land Manager at SJU, to participate in a conservation training session as well as have the City's Ordinances and Comprehensive Plan reviewed by their consultant. The Planning Commission has already discussed this and had recommended that the City participate in the training if it pertains to the City of St. Joseph. Weyrens stated that if the entire City Council, Planning Commission and EDA attend the seminar, the anticipated cost would be $2,240. The Commissioners have declined the offer to have the Comprehensive Plan and Ordinances reviewed at this time. Rassier stated that he agrees with the Planning Commission that it would not be appropriate to have someone else review the Comprehensive Plan at this time. Wick added that the training is a good idea if it deals with real world issues based on St. Joseph. He added that the City has not begun looking at its Ordinances yet, so it would not make sense to have them reviewed at this time. Frank, on the other hand, stated that he does not understand why the City is reluctant to have a second opinion of the Comprehensive Plan. He questioned whether it really is a liability issue for the City since they already have a contract with MDG. Schultz questioned whether the Comprehensive Plan can be amended to which Weyrens stated it can be amended at any time. She stated that the difference being a change in land uses versus changes in development issues/practices. Schultz stated that it would not hurt to have the Comprehensive Plan reviewed by a second party. According to Rassier, there is already a process in July 17, 2008 Page 5 of 7 place and the public input meetings are yet to come. He would have an opportunity to review it at that time and make comments. Wick made a motion to accept the recommendation of the Planning Commission to participate in Conservation Training with funding assistance from SJU through the Conservation Funding received through the Legislature. The motion was seconded by Symanietr. Ayes: Rassier, Wick, Symanietr, Schultz Nays: Frank Motion Carried 4:1:0 15"' Avenue NE Extension: Weyrens stated that staff met with the Ted Schmid of Lumber One regarding the extension of 15 Avenue NE as it relates to the Development Agreement for Northland Heights. Based on the executed and recorded Development Agreement, Lumber was is required to extend 15"' Avenue NE and extend Jasmine Lane East no later than September 30, 2008. Earlier this year Schmidt appeared before the Council requesting relief of the requirement to which the Council indicated that Jasmine must be extended and they were willing to extend the requirement for 15"' Ave. Weyrens stated that the developer has agreed to amend the Development Agreement to delay the extension of 15~' Avenue upon one of the following occurring: 1. Sale of the property from Lumber One to third party 2. When 80% of the 88 lots in Northland Heights are sold 3. When development starts in phase 2 of Northland Heights 4. By September 30, 2012 Previously, the City entered into an agreement for Lumber One to pay for right-of-way costs and acquisition costs including those associated with eminent domain, if that is necessary. She stated that that agreement is still in place. Staff is not requesting to make any amendments to this agreement. Weyrens also advised the Council that the property on which Jasmine Lane was to be constructed had been sold to a third party. The issue with the sale of this property is the inclusion of sewer. The water has already been installed. Schmid stated that he will work with the City to secure the needed easements for the roadway and design for the construction. It does not make sense to construct a street if the sewer is not installed as it would need to be installed prior to development occurring. There was some question as to how this property could have been sold prior to the road being constructed. In the future, Weyrens stated that the City will require proof of ownership. Weyrens stated that when the final details have been completed an amendment to the Developers Agreement will be provided for Council consideration. MAYOR REPORTS Meeting Change: Based on staff recommendation, Rassier suggested moving the meeting from August 7 to August 11 after the budget meeting. Therefore, the Council will have a budget meeting at 5:00 PM and a Council meeting at 7:00 PM. The Council concurred with the revised meeting schedule. Elections: With respect to the upcoming elections, Rassier stated that there are 2 City Council seats up for re-election along with the Mayor seat. Filings open on August 26 and close on September 9 at 5:00 PM. He added that there is a $2.00 filing fee. Coborns/Centra Care: Rassier stated that they have begun the roadwork for the Coborns/Centra Care site near Hwy 75 and County Road 133. FRANK COUNCIL REPORTS City Tour: Frank stated that he took part in a tour led by the EDA Director to various future development areas near 194. They were able to view pictures of the potential development entitled Gateway Commons. It was stated that the developers are working on updating their designs and will be presenting new plans to the City for review. The plan includes construction of commercial, retail and professional buildings with residential units on the upper level. He added that the developer of the proposed Gateway site actually July 17, 2008 Page 6 of 7 owns more land around Lake Sarah than the Monastery and they plan to preserve Lake Sarah. Since this property is land locked, they are in favor of a road such as Field Street to allow access to their property. The Developer stated that they are ready to do a 70% build out on the property once it is approved, Frank concluded that there is a belief that St. Joseph could grow fast once development begins due to the proximity to I-94. Human Rights: Frank advised the Council that he is still getting numerous phone calls relating to the possible regional Human Rights office. Centra Care/Pharmacy: Frank spoke with reference to the situation with Centra Care and the Pharmacy in town and stated that there is nothing the Council can do. SCHULTZ - No Report WICK Foreclosure Avoidance Workshop: Wick suggested that the City hold a Foreclosure Avoidance Workshop consisting of Lenders, Attorneys and residents. He stated that the hardest thing is to admit that you are having financial issues and this would be a good way of getting people together to discuss these issues. He stated this would be a good service for the residents. He also suggested putting foreclosure information on the City's website for residents to access. SYMAN I ETZ Park Board: Symanietz reported that the Park Board met to continue the work on the Master Park Plan. The Park Board will be meeting jointly with the Park Board to review the portion of the Comprehensive Plan as it relates to Parks. St. Joseph and the River Bats: Symanietz advised the Council that the Chamber will be sponsoring another St. Joseph Event at the River Bats. The event will take place on August 4 at 7:05 PM. Tickets are $6.00 and can be purchased at the Central Minnesota Federal Credit Union. POLICE CHIEF REPORTS June Police Report: With respect to the monthly report provided by the Police Chief, Frank stated that he would like to see a map showing what areas of town the incidents are taking place. July 4th Celebration: Jansky stated that this year's 4`h of July Celebration drew the largest crowd and their were few incidents. This event has become labor intense for the St. Joseph Police Department and we may have to start relying on help from otherjurisdictions. He added that he has already begun working with the Committee for next year's celebration. SUV Purchase: Jansky advised the Council that they have been actively looking for a SUV for the Police Department. At this point, he questioned the Council as to whether or not they want to proceed with the purchase or not. If they are going to continue with the purchase, he questioned what steps should be taken to purchase the vehicle. Wick stated that this purchase was already approved with the equipment certificate. Weyrens stated that the Council could give the Police Chief approval for a purchase up to a certain dollar amount. Frank questioned Jansky as to the type of SUV they are looking to purchase to which he was told they were looking for a Tahoe. They have found a lease vehicle on a lot in Detroit. It is a 2007 model and the price is $20,000. Jansky advised the Council that the current 4WD truck that the department owns does not allow them to haul equipment, transport people or service the City. Wick made a motion to authorize the Police Chief to purchase a SUV for the Police Department provided the total expenditure including all equipment does not exceed $35,000. The motion was seconded by Symanietz. July 17, 2008 Page 7 of 7 Discussion: Rassier questioned whether this piece of equipment is a necessity due to the state of the economy. Ayes: Wick, Symanietr, Schultr, Frank Nays: Rassier ADMINISTRATOR REPORTS Space Needs Study/Appraisal: Weyrens requested the Council consider authorizing the City Attorney to complete title work on the Kennedy School site to determine if there are an encumbrances or restrictions. The cost of the title work is approximately $ 1,000. If the title work comes back satisfactory and the City is still interested in pursuing the property the Council should consider reviewing the appraisal or completing a second appraisal. Weyrens stated that the City should also consider hiring a firm to complete a space needs study to determine if the Kennedy site is feasible for a City campus. Symanietz questioned whether this was done by Springsted to which Weyrens stated it was not. Rassier stated that this study was included in the budget for last year. This item will be brought back to the Council at the next meeting. Symanietr made a motion to authorize City Attorney to complete title work on the existing school site with an expenditure of approximately $1,000. The motion was seconded by Schultr and passed unanimously. Adjourn: Schultr made a motion to adjourn at 9:40 PM; seconded by Wick and passed unanimously. ~1 Ju eyren A mi strator