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HomeMy WebLinkAbout2010 [08] Aug 05August 5, 2010 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, August 5, 2010 in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Al Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Public Works Director Terry Thene, City Attorney Tom Jovanovich Others Present: Cory Ehlert, Ann Oberman, Sue Palmer, S. Kara Hennes, Diane Hagmann PUBLIC COMMENTS TO THE AGENDA Ann Oberman spoke to the Council on behalf of the College of St. Benedict regarding the new Utility Ordinance. She gave the Council a brief update of the ongoing sewer discussions between the City and the College. According to Oberman, there is still work to be done. In 2007, the College hired Tom Matthews as their attorney, then in 2009, they hired Michael Benussa to review the accounting and then, in 2010, they hired Keith Yapp from Boonestroo as their engineer. Over a year ago, the City and the College met to resolve some old billing issues. At this time she stated that the old billing issues have all been resolved. The City toured the College to look at its infrastructure and came to the conclusion that they should look at metering. Both sides have been working to draft a new agreement. Approximately three weeks ago, the College agreed to go ahead with the metering. They hope to have that operational by the end of the year. The cost to do that is more than $100,000. Oberman stated that they are aware that the City Council is considering a change to the Sewer Rate Ordinance. They would like time to review the proposed Ordinance. She advised the Council that they have asked their attorney to review the proposed Ordinance and comment. According to representatives on behalf of the College, they feel that the proposed Ordinance fails to reflect contractual rights and obligations between the City and the College. She asked the City not to act on this at this meeting. They would like to schedule another meeting with a third party mediator. Approval of the Agenda: Wick made a motion to approve the agenda with the following additions /deletions: 4(c) Grant Acceptance — Frank stated that he would like this item pulled as Chief Jansky was not present. 10(b) Resolution to support Airport in St. Cloud The motion was seconded by Symanietz and passed unanimously. Consent Agenda: Wick made a motion to approve the consent agenda as follows: a. Minutes: Approve the City Council minutes of July 8 and July 12, 2012. b. Bills Payable: Approve check numbers 043072 -043174 and EFT numbers 000432 -000440 and 000510 - 000511. C. Moved for discussion. d. Strong Beer License: Approve the issuance of a Strong Beer License to Bo Diddley's Deli. The motion was seconded by Symanietz and passed unanimously. 4(c): Grant Acceptance: Weyrens questioned Frank to what questions he had regarding the grant. He < stated that his only question is why it is to be used to focus on the illegal sale of liquor at party houses. Weyrens advised Frank that this grant is specific for that type of use. August 5, 2010 Page 2 of 7 Frank made a motion to accept the grant award from the Minnesota Department of Public Safety in the amount of $4,500 to be used for alcohol enforcement. The motion was seconded by Wick and passed unanimously. Tri -Cap Busing Opportunities: Weyrens and Frank reported on the activities of the Transportation Alternative Study Group. The subcommittee consists of the following: • Dean Liedholt Central MN Council on Aging • Linda Elfstrant Tri -Cap • S. Kara Hennes St. Benedict Monastery • S. Thomasette St. Benedict Monastery • Steve Frank City of St. Joseph • Judy Weyrens City of St. Joseph • Rick Schultz Interested resident Weyrens reported that the City has an opportunity to provide two day a week dial a ride bus service to the residents of St. Joseph through Tri -Cap. Tri -Cap is already serving the area; however, people forget that it is available since they serve such a large area. Tri -Cap is proposed to offer service to residents of St. Joseph twice a week between the hours of 9AM and 3:45PM. The service would provide door to door service to locations within a 20 mile radius. The buses can hold between 9 and 16 persons and are handicap accessible. The cost of the proposed program would be $2,400. Schultz, a member of the group, is also a member of a local service club and he advised the group that they may be able to contribute some funds. Frank stated that, in his opinion, this would be a good use of sales tax funds as there is a regional need for transportation. The monastery may also be willing to contribute some money. Weyrens advised Frank that he Sales Tax funds can only be used for capital. Frank suggested that we work with the Legislature on this. Why have the money sitting there when there is a need for the funds? Tri -Cap is asking the City to execute a 15 month contract to start and then continue with yearly contracts. Either party could opt out at any time with a 45 day notice. The proposed service is for all of the residents in St. Joseph, not only for limited groups of people. If other groups donate to the service, the City cost would be less. The fee to use the service would be $6.00 round trip. Elfstrand was present at the meeting and she stated that this service would be exclusive to St. Joseph and would be used as a baby step to see if more service is needed. Rassier stated that he would like to look at this during the budget process as he feels that this needs to be put into budget perspective. Wick asked the Council for consensus as to whether or not they think this is a good idea and if so, move it forward. There was consensus from the Council to move this forward. Staff was directed to forward the contract on to the City attorney for review. EDA REPORTS Rental Housing Study Group: Wick stated that the EDA is requesting the Council authorize the establishment of a study group to facilitate the housing transition due to the decision of the CSB /SJU to implement a four year residency program. This would be an AdHoc Committee. Frank stated that he feels the landlords should deal with this issue on their own. He does not feel that the City should use any more money on such. Rassier replied to Frank stating that no more of the City's money would be spent as meetings would be held when the EDA Director staffs the office. He added that this is the City's problem as well since the City will be affected by the changes and we need to find ways to transition these homes. Wick advised the Council that this group would report back to the Council. Frank does not want to "bail" the landlords out. He stated that as a landlord, you win some and you lose some. Symanietz made a motion to authorize the EDA to form a working group to examine transition strategies related to rental housing changes due to the CSB /SJU residency requirement. The motion was seconded by Loso and passed unanimously. August 5, 2010 Page 3 of 7 Solicitation of proiects: It was stated that the EDA is looking to solicit interest from business owners and entrepreneurs who are ready to develop and need assistance. The EDA is looking to get the word out by use of a press release to let business owners know of some stimulus money that may be available for either start-up or expansion. The incentive program is set to expire on July 1, 2011. PLANNING MATTERS Borresch, Interim Use Permit: Weyrens reported that the Planning Commission recently conducted a public hearing to consider and Interim Use Permit to allow outdoor sales of storage buildings at property located at 8856 Ridgewood Road. The property is currently zoned B2, Highway Business. Borresch started the process in April, but due to Ordinance compliance issues on his properties, the matter was tabled to the August Planning Commission meeting. At this time, Borresch has brought his property into compliance and the Planning Commission recommended issuance of an Interim Use Permit to allow the sale of outdoor storage buildings. Loso made a motion to accept the Planning Commission recommendation to allow the outdoor sales of accessory buildings with a display limit of seven, all of which must be located behind the existing sidewalk, the permit will expire on August 5, 2012 at which time Borresch can approach the Planning Commission for an additional two year extension. The motion seconded by Wick and passed unanimously. Weyrens added that Borresch is also requesting an extension of his existing Special Use Permit for the display and sale of trailers at 917 Minnesota Street E. When the original permit was issued, there was a requirement that if the trailer sales extended beyond three years, the property would need to meeting the requirements of the Zoning Ordinance. Specifically, the property must meet the parking lot standards. Frank questioned the difference between a Special Use Permit and a Variance. Jovanovich advised the Council that a Special Use /Conditional Use Permit is gives the City more control, and the property owner is required to meet certain conditions. A Variance, on the other hand, is used when a particular use is a permitted use, but there are some Ordinance requirements that are not met. The property owner is required to show proof of a hardship that is not a result of their own actions. The Supreme Court rules that the property owner must be able to prove that the property cannot be put to any other use. Frank stated that the City continues to allow Special Use Permits. He questioned whether or not those are permanent to which Weyrens replied that a Special Use Permit stays with the property. Jovanovich added that an Interim Use Permit, on the other hand, stays with the owner, not the property. North Country Trailer Sales: Weyrens reported that North Country Trailer Sales is requesting that the City allow parking of vehicles on the east side of the structure in the area that is not paved. The property owner is requesting the Special Use Permit to be amended to allow the parking for a two year period and if after that the area is used for outdoor display the area must meet the requirements of the Zoning Ordinance in affect at that time. Loso questioned whether the Council has a choice on this matter. Weyrens replied that the Council must take action. This is a land use request and the same type of request has been honored for other properties. The Planning Commission recommended that they be given two years to meet the ordinance requirements. Rassier stated that they originally parked all their vehicles on the tarred area and now they want to extend their parking, but need some additional time to comply. Wick stated that the property owner is requesting to allow additional parking as they want to keep their vehicles separate. They met with the City Building Inspector and Public Works Director and they have agreed to keep the vehicles out of the ditch and expand the area behind the building. Rassier stated that he does not believe that this is an unreasonable request. Loso agreed and stated the he would like to see an end date rather than to just leave it for two years. Frank questioned if there are any differences with drainage for areas that are tarred vs. those that are cement. Sabart replied that they are the same from a calculation perspective. He added that there is more erosion with gravel rather than pavement. Loso clarified that, if the property is sold, the Special Use would stay with the property. Jovanovich responded that a stipulation could be added to the Special Use Permit August 5, 2010 Page 4 of 7 if the property is sold. Weyrens suggested that the Council allow for the parking of vehicles on the gravel area until August 1, 2012 or until the property is sold. Loso made a motion to accept the recommendation of the Planning Commission to allow for the display of vehicles on an area not improved with bituminous until August 1, 2012 or until the property is sold. The motion was seconded by Frank and passed unanimously. Proposed Development, Arcon: Weyrens stated that the City has been approached by a developer to consider a plat to develop a portion of the property known as Rivers Bend. Previously, the Planning Commission and City Council considered and approved a preliminary plat entitled Rivers Bend. The plat encompassed over 300 acres and was proposed to be developer over a ten year period. At this time a developer has come forward to develop a small patio home portion of the plat on the east side of CR 121. Due to the economic conditions and risks the developer is assuming, they are requesting the City consider changing how the City collections the WAC /SAC fees. The request is to allow the WAC /SAC to be paid in two installments, with one -third paid with the building permit and the balance paid at issuance of Certificate of Occupancy or within 12 months whichever comes first. The first phase of the development is important for Arcon because, as if it is done right, it will set the stage for the rest of the development. Weyrens advised the Council that the parkland has already been predetermined for the plat; however, the current agreement states that the park improvements would be completed by September 30, 2010. They are asking the City to delay the improvements. Cory Ehlert approached the Council on behalf of the developer. Frank advised Ehlert that he likes the project; however, he has several issues. • He understands that the City may be doing some smaller projects, but he wants to the City to avoid issues such as those in Graceview Estates. • Previously, the CMBA approached the Council and asked the City to review its policy for the collection of WAC /SAC fees. He would like this to be a matter of public policy not on a case by case basis. • Frank addressed the issue of tree preservation. He stated that the City has nothing in the Ordinance relating to this. Weyrens advised him that the Developer Agreement that has been executed between the City and Arcon took that into account. Sabart agreed and stated that it was already addressed. • Does this development require any more environmental review? • Is the property owner current on the assessments? Loso stated that the "playing field" is level and this developer is asking for a favor. Rassier suggested that this be a guideline for future development. He stated that the proposed development is exactly what was originally proposed for this area. Due to the economic times, there is no revenue to do the park and he suggested pushing the parkland requirements out further. Wick stated that they are requesting to pay for 1/3 of the WAC /SAC fees with the original building permit and the balance at closing. Symanietz questioned the parkland dedication. Weyrens stated that staff will need to work with the developer to agree on an amended date for the parkland improvements. According to Rassier, this development has no bearing on the overall park improvements. Wick made a motion supporting the change in the collection of WAC /SAC fees and directed staff to work with the developer on a date for the park improvements. The motion was seconded by Frank. Discussion: Frank stated that he would like to see staff look at the environmental impact of the removal of trees. He would like to see the City moving towards a better use of land, rather than endorsing huge lots. Frank questioned when the developer would like to begin construction. Ehlert responded that they would like to begin construction in late fall /early winter. The original plan called for 93 lots, they are looking to begin with 8. The average lot is 52' wide. Ehlert advised the Councilors that the proposed development will have 80' wide lots. He added that there is a demand for wider lots as people want more space. August 5, 2010 Page 5 of 7 The motion passed unanimously. Utility Ordinance: Weyrens presented the Council with a draft Sewer Ordinance. She stated that the proposed ordinance reflects how the sewer use is currently being charged. It also includes a section relating to contract users being charged similar to the residents. She stated that a public hearing will be held each year to set the rates to be charged; however, a hearing is not required for adoption of the Ordinance. Loso stated that he read it in detail and finds it to be very precise. Rassier stated that he believes it clears things up for customers. Wick questioned the next step in this process. Weyrens replied that the other two utilities will be added to this Ordinance and it will be brought back in final form for approval. Loso made a motion to bring this Ordinance back in final form for adoption. The motion was seconded by Symanietz. Discussion: Frank stated that he appreciates all the work that has been done on this. It has been over a year since the discussions began between the City and the College of St. Benedict with reference to their utility rates and he stated that a lot of progress has been made. Jovanovich stated that there are some things that he and their attorney do not agree on. Weyrens stated that the committee will most likely meet one more time to incorporate any other items or comments. Jovanovich stated that the City is trying to put everyone on a consistent billing system and staff believes that they should pay for their share of the usage. He added that he reviewed the documents from St. Bens and it is apparent that they do not want to increase their capacity and the City has made decisions based on that capacity. He also stated that we do have some evidence that they may be using more than agreed upon. To put this in perspective, Rassier stated that the goal is for everyone who uses system to pay their fair share. The motion passed unanimously. ENGINEERIPUBLIC WORKS DIRECTOR REPORTS 16th Avenue SE Improvements: Sabart advised the Council that the City is in the process of reviewing the contract with JR Ferche. He added that Xcel is scheduled to locate utilities next week and construction will start soon after. He explained that the City is still working out insurance coverage details. Energy Grant: Thene explained the City received an energy grant for the lift station improvements. This project is required to pay federal wages and thus contractors were asked to re -quote their services. This will increase the total amount to $30,176 from $26,762. Wick made a motion to execute the amendment to the Grant Agreement. The motion was seconded by Symanietz and passed unanimously. West Minnesota Street Improvements: Thene reported that, beginning on August 9, the County will begin the improvements along West Minnesota Street from the intersection by JR's and the entrance to the College and 3rd Avenue NW. He advised the Council that they will not be doing the shoulders. Weyrens stated that eventually this street section will be turned over to the City. There was some discussion about the long term plan for this road. Sabart stated that it would be an engineering process, but the next step would be an overlay which is typical for roads between 15 and 20 years old. Frank stated that some residents would like to have the speed limit changed in that area to which Sabart stated that there are several things that affect the speed limits. ADMINISTRATOR REPORTS Bond Issue — 2010 16th Avenue SE Improvements: Weyrens advised the Council that the City will be issuing a bond for the 2010 161n Avenue Improvements. The proposed bond amount is $805,OOO.This will be payable through tax levies, storm water fees and special assessments. This bond will be payable over 15 years at an interest rate of 5.5 %. August 5, 2010 Page 6 of 7 Air Service: Weyrens stated that the City of St. Cloud is in the process of trying to attract a new carrier for the St. Cloud Regional Airport and is requesting area Cities to adopt a resolution of support. Wick made a motion to adopt resolution 2010 -018 supporting an application to the US DOT for a Small Community Air Service Development Grant to help enhance air service at the St. Cloud Regional Airport. The motion was seconded by Symanietz and passed unanimously. MAYOR REPORTS Police Report: Rassier stated that the Police Report for July 2010 has been included in the packets for informational purposes only. Mayor /Council Filing: Rassier stated that August 17 is the final date to file for City Council or Mayor. Interested persons can file for office at City Hall and the cost is $2.00. COUNCIL REPORTS SYMANIETZ Park Board: Symanietz stated that the Park Board, along with Stearns County, is applying for a grant to get the City's monument, located in Monument Park, on the National Registry. They may receive up to $7,000. 1nIL C9 St. Cloud Economic Development Partnership: Wick reported that the St. Cloud Economic Development Partnership is conducting a 4- county area study. He stated that interested persons can comment online. Supreme Court Decisions: Wick stated that they received information regarding recent Supreme Court decisions. Many of them deal with due process and how to handle land use issues. Rassier suggested that the Planning Commission and City Council meet to discuss these processes. Loso stated that the Council should make decisions on fact, not opinion. X61 -a. Fire Board: Loso stated that he attended the Fire Board meeting at which they authorized sending two members to the Fire Chief Conference. He added that there will be two new firefighters attending the Fire Fighter 1 class and one attending the First Responder Class. Those will be paid for through a grant. They also approved the purchase of two new desktops to allow them to tie into the City's server. He added that an AdHoc committee has been set up to look at the possible purchase of a new tanker truck. There are three or four vehicles that are getting up there in years and may need to be replaced. FRANK County Seal Coat Process Update: Previously, the Council discussed sending a letter to the County regarding their seal coat process. He asked for a progress update on the memo. Weyrens stated that City staff is in the process of working with County staff. According to Sabart, staff has met with the Assistant County Engineer to discuss this. Recycling Program: Frank stated that he is a supporter of the new recycling rewards program, but stated that the rewards are not as much as originally promised. He stated that he hasn't looked at market factors affecting this, but asked for staff to look into this. August 5, 2010 Page 7 of 7 Adjourn: Loso made a motion to adjourn at 9:45; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator