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HomeMy WebLinkAbout09-04-08September 4, 2008 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of ST. Joseph met in regular session on Thursday, September 4, 2008 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier. Councilors Dale Wick, Renee Symanietz, Steve Frank, Rick Schultz. Administrator Judy Weyrens. City Representatives Present: City Engineer Randy Sabart, Public Works Director Terry Thene, Police Chief Pete Jansky, Finance Director Lori Bartlett, Others Present: Mike McDonald, Mari Terese Woida, Gen Maiers, Linda Buttenhoff, Brad Cobb, Pat Shea. Public Comments (Graceview Estates): Sarah Pennings (Ellie Court) and Linda Butenhoff (514 Ellie Court) approached the Council to discuss the Graceview Estates Proposed Development. Pennings stated that she is speaking on behalf of the Graceview Residents requesting the City Council deny the special use permit to allow the construction of two apartment facilities. Pennings requested that she be provided with the copy of the Development Agreements for the past Graceview projects and copies of the application material for the Graceivew PURD that was approved in 2001. Pennings stated that Graceview Estates neighborhood consists of many families with children. The proposed development of two apartment complexes, in her opinion, will compromise the safety as the roads are not designed for excessive traffic. She further stated that 4th Avenue SE is the only proposed road for ingress/egress for the proposed development and as the development is not completed, there are gaps in the trail system forcing residents to walk in the street. Linda Buttenhoff requested clarification on the use of the term PURD and PUD as when the development was initially approved the plat was considered a PURD and correspondence on the plat today make references to PUD. She also requested clarification on which Ordinances, if any, are being used to review the proposed development before the Planning Commission at this time. Rassier stated that the City Council has not reviewed this matter as the Planning Commission has conducted the public hearing and tabled action to obtain additional information. At this time it would not be appropriate for the Council to discuss the matter as they do not have the information before them nor has the Planning Commission submitted a recommendation. Buttenhoff stated that she and Pennings approached the City Council as they are the Officials that have been elected to represent the residents, not the Planning Commission. Agenda Approval: Symanietz made a motion to approve the agenda with the additions/deletions listed below. The motion was seconded by Wick Discussion: Frank requested that the Graceview Estates Development Project be added to the agenda. Rassier stated that it is not appropriate to discuss this matter at this meeting as the Planning Commission is still working on this matter. Wick concurred with Rassier and stated that discussing this matter before a recommendation is forwarded to the Council from the Planning Commission and without having the matter on the agenda could place the City in a liability situation. Wick discouraged the Council from adding this matter to the agenda, requesting that the Council wait to discuss the matter until a recommendation has been forwarded from the Planning Commission. Frank stated that he understands the role of the Planning Commission but has some general questions and if his questions or too specific orp/ace the City in a liability situation he should be stopped. Frank also requested the Council add the role of the APO to the agenda as he has some general questions regarding this membership as well. This motion amends the agenda as follows: Add: 11 (b) Graceview Estates 11 (c) Role of the St. Cloud APO 11 (d) Water Treatment Plant Update September 4, 2008 Page 2 of 6 Delete: 11 (a) Parkway Business Center Ayes: Symanietz, Frank, Schultz Nays: Rassier, Wick Motion Carried 3:2:0 Consent Agenda: Symanietz made a motion to approve the consent agenda; seconded by Wick and passed unanimously. Discussion: Frank stated That he questioned his comments in the August 21, 2008 City Council meeting. The minutes stated that he did not agree to any of the preferred alternatives for Field Street and what he did say was that he favors G2 or G4 as they have been labeled by WSB. a. Minutes -Approve the minutes of August 11 and August 21, 2008. b. Bills Payable -Approve Check Numbers 040661- 0406698 and EFT 000204 - 000209. c. Pay Application -Authorize the Mayor to execute Pay Application #8 for the 2007 Jade Road Improvement Project and authorize payment to R.L. Larson in the amount of $ 76, 463.78. d. Grant Application -Authorize the Mayor and Administrator to execute two grant agreements with the State of Minnesota for Alcohol Enforcement, one for alcohol/tobacco compliance and one for sale to minors. e. Gambling Reports -Accept the 2"d Quarter Gambling Reports as presented. St. Cloud Public Utilities. Pat Shea - St. Cloud Public Utilities Director Pat Shea appeared before the Council to discuss the Parkwood Lift Station. Shea stated that the City of St. Cloud has had a number of infrastructure failures that have created a need to review all the infrastructure and prepare a maintenance and capital improvement plan. Earlier this year the Parkwood Interceptor had a failure required a portion of the pipe to be repaired. The cost of repair on this interceptor is the responsibility of the Cities of St. Cloud, Waite Park and St. Joseph. The cost apportionment is based on the purchased capacity with St. Cloud and Waite Park contributing 40% each and St. Joseph 20%. In addition to lining a failure at the Parkwood Lift Station, the controls and electrical system need to be updated. The City of St. Cloud has hired SEH as the project engineer for this modification. The modification includes the construction of an above ground structure to house the equipment. Don Lutch of SEH approached the Council to discuss the project. The pumps at the facility are approximately 30 years old and the mechanics are located below ground. By constructing an above ground facility the maintenance of the equipment is more efficient and safer. Additionally, the facility will include a generator and the building will help deflect the noise. The building has been designed for minimum maintenance and longevity. Since the building is located in Waite Park along a major corridor, the City of Waite Park has been involved in the design. The building will consist of concrete block with glass block at the top. Frank questioned the budget for the project and cost to the City as this is a project where the City does not have a choice. Shea stated that the project cost was originally estimated at 1.5 M. The area Cities have requested that St. Cloud bond for the improvements and each City would then be billed for the improvements. Each City independently would determine how they will finance the improvement. It is anticipated that the bond will be issued for 10 years with the first payment in 2010. Wick questioned the estimated cost, requesting clarification on the City investment. Information presented to the Council indicates that the cost to St. Joseph is $ 250,000. If the project cost is 1.5 Million and the City portion is 23.18% the cost to St. Joseph would be $ 347,000 not $ 250,000. Shea stated that the 1.5 M figure was an estimate when the project began. Based on the current rates, the Engineer's estimate is lower, thus the reduced fee to St. Joseph. The cost apportionment to each City is based on the allocated capacity. Wick questioned the design of the building and if the costs could be reduced by designing a less aesthetic building. Shea stated that the building costs are the smaller portion of the improvement with the majority September 4, 2008 Page 3 of 6 of cost replacing and updating the mechanics and controls. Lutch indicated that the cost of the building is approximately $ 80,000. Wick questioned if other lift stations in St. Cloud are designed with similar aesthetics. Shea stated that if the lift station were located in an industrial park the design would be different. However, in the case of the Parkwood Lift Station it is located abutting residential and commercial land use in addition to a major corridor. Wick questioned if Waite Park is paying for the higher aesthetic materials to which Shea stated they are not. He further stated that St. Cloud wants to be a good neighbor and work with the community where infrastructure is being located. Frank questioned if as St. Joseph grows an additional lift station will be required. Shea stated that the Parkwood Lift Station is a main lift station and St. Joseph will not need another station of this magnitude. Public Works Director Terry Thene stated that St. Joseph has lift stations within the City to transfer the waste to the main lift station. As the City grows area lift stations will be added but they are small facilities. The City will, however, have to complete major modifications to the main lift station on 1~ Avenue NW (located near the former maintenance facility).. City Engineer Reports - No Report Mayor Reports Appreciation of Staff -Rassier reported that the Cable Commission has added Abbey Loso to assist with the tapping of City meetings and updating of the bulletin board. Rassier also expressed appreciation to the City Staff for their commitment to St. Joseph. Council Reports FRANK 2 AM Bar Closing -Frank reported that he has still not been contacted by the bar owners to request the extended bar hours and questioned if the bar owners have submitted a formal request to extend the hours. Frank also clarified that it was two bar owners that have requested the extended time. Rassier stated that while only two have requested the extended hours a third establishment is not soliciting the change but will follow if the Council extends the time. Frank stated that with the General Election in November, this may be an election issue. Local Candidate Forum: Frank suggested that the City participate in a local candidate forum for the Mayoral and Council race. In the last election a local resident coordinated the forum which required a considerable amount of time. Rassier stated that the League of Women Voters sponsors a forum each election and invite candidates for St. Joseph. Frank stated that he would like to see a forum held in St. Joseph for only the local races. SCHULTZ Term Limits/Length of Office -Schultz questioned how to place matters on the ballot such as changing the term of Mayor and incorporating term limits on subsidiary boards. Weyrens stated that she has previously reported that both items are changed through Ordinance amendments. The term length for Mayor becomes effective after an election provided the Ordinance was amended and published four weeks prior to the closing of filing. This deadline could not be met for 2008 but can be considered for a future election. With regard to term limits for Boards/Commissions, that can be changed by Ordinance Amendment and publication. The Council agreed to discuss this matter after the first of the year and when this matter is discussed all Board Members and Commissioners should be listed along with the time they started service and when their term expires. WICK - No Report SYMAN I ETZ Centra Care Ground Breaking - Symanietz reported that she along with other members of the Council attended the ground breaking ceremony for the new medical facility. September 4, 2008 Page 4 of 6 Meetings Attended - Symanietz reported that she attended the APO meeting where transportation funding was discussed. Frank stated that he attended the same meeting and they indicated that due to budget cuts, MnDot has been forced to eliminate the long range planning employees and focus on plans for up to three years. Leaislative Update: Representative Larry Hosch approached the Council to provide an overview of the legislative session of 2008 and anticipated topics for the 2009 session. Hosch highlighted the following: • The State of Minnesota had a $ 935 M deficit which was covered by: 1) cutting services and programs - $ 300 M; 2) Cash flow/reserve - $ 500 M; 3) increased revenues -balance. • St. Joseph experienced $ 120,000 increase in LGA with a reduction of $ 27,000 for the levy. Frank questioned the exemption for Policy and Emergency Services to which Hosch acknowledged • Transportation was a big issue with the State making a $ 6.6 Billion dollar investment over the next 10 years. • Home foreclosures will continue to be a big topic. Legislative changes were made requiring utility companies to notify municipalities if they terminate services. When the utilities were terminated without municipalities being notified, water lines were freezing and breaking causing substantial damage to the home. It is the responsibility of the utility company to notify the City. • Look ahead to 2009 -LGA will continue to be a target as it is forecasted that the State will have a deficit of $ 1.05 M. Schultz questioned Hosch about contacting the chair of the Tax Committee as he has emailed her and left phone messages without a response. Schultz stated that he would like to have some discussion about tax exempt property. Hosch stated that he would contact the chair on his behalf. Schultz questioned Hosch as to available funding or tax rebates for renewable energy. Hosch stated that at this time there is limited funding but anticipates this will be a topic for the 2009 Legislative Session. Frank questioned Hosch regarding the service provided by MnDot. He stated that earlier he reported that MnDot no longer has planners on staff to prepare long range plans. Hosch stated that transportation will continue to be a big issue in 2009. It is not possible to meet all the needs of the State with funds that are available. MnDot can only bond for new improvements, not maintenance and the State has fallen behind in maintenance. Administrator Reports Water Treatment Plant Update: Weyrens reported that she received a written proposal from Mazda Consultants to analyze the checking at the Water Treatment Plant. At the last Council meeting the Council authorized up to $ 2,000 for the independent review. The actual cost for the review is $ 2,200 as the City is requesting the consultant visit the site and prepare calculations based on their review. Schultz made a motion to hire Mazda Consultants to prepare an independent review of the wood laminated beams in the water filtration plant to determine if the checking is normal and the weight loads are sufficiently handled at a cost $ 2,200. The motion was seconded by Frank and passed unanimously. APO Benefit -Frank stated that Bills Payable included the second half assessment for the City of St. Joseph and he was informed that the City pays an annual assessment of $ 5,900. While Frank stated he is a strong advocate of regional planning, he is concerned how the APO makes decisions and the benefits received by the residents of St. Joseph. He stated that the Executive Board of the APO meets monthly and makes recommendations to the Full Board and it is anticipated that the Full Board will ratify the recommendations of the Executive Committee. Frank stated that he became so frustrated at the last meeting that he left early. Frank also questioned the function of the TAC for the APO. Rassier stated that the Executive Committee was started as the APO realized that discussing all the items at the Full Board meeting was not efficient as there were too many participants. Rassier stated that he too shares the sentiments of Frank and questions the value received from the APO. In 2009 the City will be asked to help fund the purchase of the APO Building creating increased dues. September 4, 2008 Page 5 of 6 City Engineer Randy Sabart stated that the TAC meets monthly and review projects, current and future. The recommendations of the TAC are forwarded to the Executive Committee. Weyrens stated that staff can provide an update to the Council on the monthly TAC meetings and include the packet material if possible. When asked about the benefits received from the APO, Weyrens stated that the City has received funding for the current transportation studies through the APO. Both Field Street and the North East/West Corridor studies have been funded. Weyrens stated that staff can provide with the Council with benefits received. Councilor Eck stepped down from his chair at 8:20 PM as the Council was to start the discussion on Graceview Estates. Wick stated that he is the liaison to the Planning Commission and does not believe the Council should be discussing the Graceview Estates matter before the Commission forwards a recommendation to the Council. He further stated that he does not want to be in a situation where the City has increased liability exposure; therefore he is stepping down and leaving the Council Chambers and will resume his chair when the Council is finished discussing Graceview Estates. Graceview Estates: Frank stated that he requested this matter be placed on the agenda for further clarification. He stated that he is sure that all members have been receiving emails and he would like general clarification on the following: Who is the developer; past process; impact of current Ordinance versus past Ordinance; PURD process; requirement to uphold the 2001 decision. Weyrens provided the following information: • S & H Partnerhsip and they manage a number of facilities in the City of St. Cloud. A list of properties will be included in the Planning Commission packet. • The City Staff has prepared a table illustrating the Ordinance requirements of 2001/2002 when the project was approved and the current Ordinance. This table illustrates that the project can meet the provisions of either Ordinance with the exception of the rezoning. The Attorney will provide information as to which Ordinance is applied. This information will be available before the September 8, 2008 Planning Commission meeting. • In 2001/2002 the PURD Ordinance did not require the developer to rezone the entire parcel. The parcel was allowed to be developed as an R1. The preliminary plat was approved with the concept plan illustrating the intended uses. This concept plan was followed as the area has been developed. • A final plat is not approved for the entire plat, rather, as each phase is developed a final plan is developed for that phase and a development agreement is executed at the same time. • The Planning Commission is a recommending body to the City Council as the Council has given the Planning Commission the Statutory authority to conduct the public hearings. The Council makes a decision based on the information forwarded to the Council. Frank questioned whether or not the Planning Commission can open the public hearing as it was closed on August 4, 2008. Weyrens stated that there has been enough new information presented that would support opening the public hearing for the new information that has been presented. Rassier encouraged the Graceview residents to pick a spokesperson to speak at the Planning Commission meeting. Rassier stated that the staff is in the process of preparing answers to the questions raised in various emails and the master list of questions and answers will be placed on the website as well as the revised site plans. While this is a difficult decision, Rassier stated that he respects the process and the Council should wait to make a decision until it is received from the Planning Commission. Wick resumed his chair at 8:35 PM and the Council recessed for 10 minutes. 2009 Preliminary Budget: Weyrens presented the Council with the proposed preliminary levy for 2008, collectible 2009. Weyrens stated in the past the Council had to determine the dollar value to be levied to September 4, 2008 Page 6 of 6 support the General Fund. This year, the decision is more about how the levy will be allocated as the City must abide by levy limits as set by the Legislature. Once the preliminary budget is certified, the City can only reduce the levy not increase. The proposed General Fund levy for 2009 is $ 1,184,246 supporting a General Fund Budget of $ 2,607,202. Weyrens stated that even with the proposed levy the general fund expenditures will need to be reduced to have a balanced budget. The Council reviewed the proposed General Fund Budget and questioned line items where the budget and year to date had large discrepancies. The majority of questions related to re-allocating how items are coded. The Council questioned if the budget includes a full time staff for EDA to which Weyrens stated it did not. The Council should schedule a meeting to further discuss the General Fund Budget and Capital Improvement Plan at which times options will be presented to the Council. Schultz stated that he would like to have a discussion on activating the partnership with the Stearns County HRA. Weyrens stated that the EDA Director has already made this contact and will be meeting with HRA to discuss opportunities. Schultz stated he would like to see a program established whereby the City could purchase some of the older homes for redevelopment, particularly in the downtown area. He would also like information as to how programs are formed. Another initiative Schultz would like to see included in the budget is green alternatives and incentives for such. Frank made a motion authorize the Mayor and Administrator to execute Resolution 2008-12 Adopting the proposed 2008 Tax Levy, Collectible in 2009. This resolution established a preliminary levy of $ 1,824,602 supporting a general fund budget of $ 2,607,202. The motion was seconded by Symanietz and passed unanimously. Weyrens stated that the Council must also determine the night for the Truth in Taxation Hearing and continuation hearing if needed. The Council agreed to establish December 2, 2008 at 7:00 PM as the TNT Hearing and December 11, 2008 at 7:00 PM as the continuation hearing if needed. With regard to additional budget meetings, Weyrens will circulate a dates for potential meetings. Adjourn: Symanietz made a motion to adjourn at 9:30 PM; seconded by Schultz and passed unanimously. ~C~ ` ~-~~ J tly eyr~ dm' istrator ~: