Loading...
HomeMy WebLinkAbout2010 [09] Sep 16September 16, 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, September 16, 2010 at 7:OOPM 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, Finance Director Lori Bartlett, Public Works Director Terry Thene Others Present: Bob & Ellen Wahlstrom, Evan Lowder, Logan Gruber, Marcie Bechtold, Bill Temple, Paul Krey PUBLIC COMMENTS Ellen Wahlstrom, 409 8"' Avenue NE, approached the Council to questioning the City's assessment policy. She stated that she is looking for the written policy relating to how the City assesses residents for road improvements. Loso stated that he has never seen a written policy; rather it has just been handed down over the years. Wahlstrom questioned when changes are made to the policy, who agrees to those changes. Rassier replied that the Council reviews each project and applies the current policy, if there are circumstances that are unique to a project, the Council as a whole determines any variance in the policy. He agrees with Wahlstrom that there should be a written policy. Previously, the Council adopted a Statement of Values and Wahlstrom stated that they agreed to those values, one in particular: "I am ethical. In practice, this value means that I am fair, distributing benefits and burdens according to consistent and equitable criteria ". Rassier stated that he will recommend that staff look into this. Frank added that he will bring this issue up under Council reports. Evan Lowder and Logan Gruber, senate representatives for the College of St. Benedict and St. John's University, approached the Council to discuss the upcoming "Tommy /Johnny" Game. They stated that, historically, this event causes increased activity within the City and they want to assure the City Council that both CSB and SJU are working on minimizing impact. The student Senates are sponsoring the following activities: distribution of "Homer Hankies" to students wearing school sponsored clothing (purpose is to discourage un- sportsmen like attire); Posters (purpose is to encourage positive behavior); Petition (purpose is to make students aware of expected behaviors. The petition is being used on both campuses). Loso questioned the approximate number of people that they are expecting at the event. They replied that, after speaking with representatives at CSB, they are estimating approximately 18,000 to be in attendance at the game. They reassured the Council that there will be a lot of officers in the area. They also added that they have asked St. Thomas to provide some additional security as well, although they are unsure if that will become a reality. Approval of the Agenda: Symanietz made a motion to approve the agenda with the following additions: Add 8b Budget Meeting Add 8c Sunday On -Sale Liquor License The motion was seconded by Wick and passed unanimously. Consent Agenda: Wick made a motion to approve the consent agenda as follows: a. Treasurer's Report — Accept the July /August Cash position and treasurer's report. b. Northstar Resolution — Authorize the Mayor and Administrator to execute Resolution 2010- 021 supporting the St. Cloud APO efforts for extending the Northstar Rail from Big Lake to St. Cloud. c. Bills Payable — Approve check numbers 043256- 043295 and EFT numbers 000451- 000450 and 000513 - 000514. The motion was seconded by Loso and passed unanimously. September 16, 2010 Page 2 of 7 Public Hearing — Easement Release: Mayor Rassier called the hearing to order and stated that the purpose of the hearing is to consider a request to release the 10 foot utility easement separating Lots 1 and 2, Block 1, Graceview Estates 3. The request was submitted by Leonard & Marcie Bechtold, 7431 Ridgewood Road, St. Joseph, MN 56374. Weyrens stated that the potential resident would like to purchase two lots and have them combined to allow for the construction of a new home and accessory building. Currently, the 10 -foot easement serves as a drainage and utility easement. Rassier opened the Public Hearing and there was no one present wishing to speak. Loso made a motion to close the Public Hearing at 7:12PM; seconded by Symanietz and passed unanimously. Frank stated that he was missing the information relating to this particular agenda item. Wick questioned whether or not they will be building across the two lots. Weyrens responded that they are requesting to join the lots to allow more accessory space. Wick questioned whether or not there is a curb cut on both properties. Weyrens replied that they are aware of the fact that they can only have one curb cut. Weyrens advised the Council that she has now received a release from all of the utility companies. There will; however, be a pedestal in the front easement. This request will allow for the release of the north /south utility easement, not to include the right of way located in the front of the lot. She stated that if this is approved, staff will prepare a certificate of compliance and forward the same to the auditor's office. Loso made a motion to authorize the Mayor and Administrator to execute the Certificate of Compliance, releasing the north /south easement between lots 1 and 2, Block 1, Graceview Estates 3. The motion was seconded by Wick. Ayes: Rassier, Wick, Symanietz, Loso Nayes: None Abstain: Frank Motion Carries 4:0:1 PLANNING MATTERS Interim Use Permit, Brian Traut — 329 4th Avenue SE: Weyrens reported that the Planning Commission recently conducted a Public Hearing to consider the request of Brian Traut to secure an Interim Use Permit to allow an owner - occupied rental unit at 329 4`h Avenue SE. She stated that the Planning Commission unanimously recommended approval of the Interim Use Permit. She added that there were some compliance issues, but those have been taken care of. Loso questioned the 2006 violation that was included in the packet. Weyrens stated that, in 2006, the City was unable to find any proof of this being used as a rental property. He then questioned whether or not there were any concerns from any residents regarding this being used as a rental property. Weyrens responded that one resident did approach the commissioners in support of the proposed Interim Use Permit. Weyrens advised the Commissioners that, if this is approved, Traut will have 30 days to complete the inspection process. Loso made a motion to authorize the Mayor and Administrator to execute the resolution of findings granting an Interim Use Permit to Brian Traut, 329 4ch Avenue SE as recommended by the Planning Commission. The motion was seconded by Symanietz. Discussion: Frank questioned the role of the association with respect to issuing an Interim Use Permit. Weyrens stated that the association did receive a notice and there were no objections. The motion passed unanimously. Backyard Chickens: Weyrens advised the Council that the Planning Commission was approached by a resident who had chickens on their property. The Police Department was called to a residence for a complaint and the resident was advised to remove the chickens as they are not permitted in the City limits. Weyrens stated that this is the second time the Police have responded to such a call. The Planning Commission is requesting authorization to request staff to prepare an Ordinance Amendment that would allow chickens in residential areas. Wick stated that some cities do allow for chickens, in some September 16, 2010 Page 3 of 7 form. Loso suggested that a public hearing be held to get citizen input. Weyrens advised the Council that St. Cloud recently went through such a process and, after the hearing, it was denied. Bloomington also held a hearing after which the vote was split. Loso stated his concern that if the City does allow chickens, we will soon be asked to allow other animals such as potbelly pigs, goats, etc. Symanietz stated that, if chickens are allowed in the City, she would think that we would need to find a way to license them. One item of concern is how to handle non - compliance and who the compliance officer would be. Wick questioned the costs involved prior to getting feedback. Weyrens replied approximately $1,000 - $1,500. The question is how complex we want to get. Loso questioned whether chickens could be applied through a variance two which Weyrens stated they could possibly use the Interim Use process. Loso re- stated that he would like to get some public input on this matter prior to proceeding. Frank stated that he is not opposed to a public hearing, but stated that he would like something to react to rather than a "free for all" discussion. This is the type of request that is not going to go away. After much discussion on the matter, the Council decided to open this up for public input on October 7 at 7PM. Ordinance Amendments: Weyrens advised the Council that the Planning Commission has been working on Ordinance Amendments for a number of months and held a public hearing on September 13 for the following Ordinance amendments: Ordinance 52.06 — Building Permits Required; Ordinance 52.10 — Off Street Parking; Ordinance 52.12 — General Performance Standards; Ordinance 52.21 — Corridor Overlay District; Ordinance 52.22 — Outdoor Dining; Ordinance 52.31 — 131, Central Business; Ordinance 52.32 — B2 Highway Business; Ordinance 52.33 — B3 General Business; Ordinance 52.34 — Light Industrial; Ordinance 58.00 — Telecommunication; Ordinance 84.00 — Parking. The Planning Commission has recommended approval of all the amendments with the exception of Ordinance 52.21 as they requested additional information. The agreed to review each Ordinance separately. Ordinance 52.06 — Building Permits Required: This was recently brought to the City's attention when the State changed the code requiring permits for shingling, siding and windows. Permits are not required for those projects valued less than $2,000. Wick stated that the purpose of the amendment was to bring this ordinance into alignment with the State Building Code. In the future, if the building code changes, the ordinance will not need to be amended. Loso made a motion to approve the amendment to Ordinance 52.06. The motion was seconded by Symanietz and passed unanimously. Ordinances 52.10 — Off Street Parking & 84 — Parking: Weyrens stated that the regulations for parking are listed in both Ordinance 52.10 and 84. In order to remove duplicity and to avoid conflicts in the future for not amending both when an amendment occurs, the Zoning requirements for parking have been removed from Ordinance 84 and will only be listed in 52.10. One of the major changes in Ordinance 52.10 is providing relief from perimeter curbing in the B1 Zoning District if the applicant can provide evidence to the City engineer that the area is adequately served by storm sewer. Loso questioned Sabart as to whether or not there is a formula for calculating whether or not the storm sewer can accommodate the storm water without the perimeter curbing in a particular area. [section 52.10 subd. 5(g)] Sabart responded and stated that there is not a "formula" that is used rather an analysis is done to determine whether or not the area is reasonably serviced by area storm water facilities. Rassier questioned whether that would be included in the Developer Agreement to which Weyrens stated that this would be reviewed with their development submittal and, if there is not adequate facilities, they would be required to provide perimeter curbing. Frank questioned what would need to be done if the City were to choose to go "green ". Weyrens stated that the City does not require that; however, there are requirements to limit pollutions for the neighbors. He also questioned the possibility of going for the status of a "green city" and how the City would go about that. Sabart stated that he is not specifically aware of an Ordinance for that. Rassier suggested that there would be some items in then zoning district that would need to September 16, 2010 Page 4 of 7 be changed. Weyrens stated that, if we had better economic times, the City could possibly give some incentives. Wick stated that one of the bigger issues included in the amendment is the requirement for parking pads and locations for such. There are several residents that currently park their campers and boats in their backyards. Loso commented that he does not believe in the need for parking pads in the backyards. He believes this issue has gotten way out of hand. Weyrens responded by stating that this change was due to number complaints. There was some discussion regarding the provision that a resident could not put a parking pad in their backyard if they do not have access. Rassier suggested that the Council look at Subdivision 6 relating to parking pads for residential units in all zoning districts. Wick made a motion to table the proposed amendments to Ordinances 52.10 and 84 until the Police Chief is present. The motion was seconded by Loso and passed unanimously. Ordinance 52.12 — General Performance Standards: Weyrens stated that the purpose of this amendment was to add a fence provision for Commercial and Industrial Zoning Districts. This was previously found in the Transportation Corridor Overlay Ordinance and it seemed to be in the wrong place. Those provisions were moved to Ordinance 52.12 subd. 2. Subd. 10 was also amended to make the language consistent with. the parking ordinance and clarify that light trucks are not classified as commercial vehicles for purpose of prohibiting in residential areas. Symanietz made a motion to approve the proposed amendments to Ordinance 52.12. The motion was seconded by Frank and passed unanimously. Ordinance 52.21— Transportation Corridor Overlay: Weyrens stated that the Planning Commission did not recommend approval of the amendment to this Ordinance as they still have some items that they want to clarify. The biggest issue was that of defining the corridors. Ordinance 52.22 — Outdoor Dining/Smoking Areas and Sidewalk Cafes: Weyrens stated that the City has never had a sidewalk caf6 ordinance before. Alcohol is not allowed on Sidewalk Cafes, but it is covered under the liquor ordinance. Outdoor dining; however, does allow for liquor if it meets the fencing requirements of the liquor ordinance. Symanietz made a motion to approve Ordinance 52.22. The motion was seconded by Loso and passed unanimously. Ordinances 52.31 -52.34 — B1. B2. B3 and Ll Zoning Districts: The proposed amendment states that if the development plan meets all of the Ordinance requirements, it should not need Planning Commission review and it should go right to the building permit process. Weyrens also stated that the B2 Ordinance was amended to include a provision for seasonal /outdoor markets through an Interim Use process. Weyrens stated that currently, if the development does not expand more than 25 %, it does not need to come to the Planning Commission for approval. This amendment was recommended by the Planning Commission to help provide a user friendly building approach in the City. Frank made a motion to approve the amendments to Ordinances 52.31- 52.34. The motion was seconded by Symanietz and passed unanimously. Ordinance 52.35 — Educational & Ecclesiastical: Weyrens stated the amendment requires the submittal of a parking plan as all other zoning districts and allows for the submittal of a master parking plan. Wick made a motion to approve the amendment to Ordinance 52.35. The motion was seconded by Symanietz and passed unanimously. Ordinance 58 — Telecommunications: Weyrens stated that this Ordinance was amended to include antennas in the title as well as throughout. Symanietz made a motion to approve the amendment to Ordinance 58. The motion was seconded by Loso and passed unanimously. September 16, 2010 Page 5 of 7 Relief from Parking Requirements: Weyrens explained that the City received a request from Teli's for relief from parking requirements. Previously, when the LaPlayette subdivided, they sold a portion to Teli's. Teli's now wants to lease one space to a nutrition club. The parking requirements call for six spaces. They are proposing to have their employees park in the angle parking behind City Hall and are asking for relief for the other spaces. They will work to secure two parking spots, but there are two remaining. Wick stated that the owner told the Planning Commission that, once this is approved, they will work to secure the two spaces. Rassier remembers parking being an issue when this was originally split. Due to the fact that they didn't meet the parking requirements at that time, the Planning Commission advised them that the extra space could not be leased until they could find adequate parking. The owner also advised the Commissioners that the office space was to be used for his office use and would not be leased. Loso made a motion to table this request until the Council receives documents showing that they have secured two parking spaces and so that the City Council can review prior minutes regarding parking. The motion was seconded by Rassier. Ayes: Rassier, Symanietz, Frank, Loso Nays: Wick Motion Carried 4:1:0 Frank questioned whether or not there were any immediate development plans. Wick responded that they want to lease the space now. Weyrens suggested that this be brought back at the September 29 meeting. Update on Planning in Orderly Annexation Area: Weyrens advised the Council that a public hearing will be held at the Stearns County Service Center in Waite Park on Monday, October 4 at 8PM to review the proposed updates to the Orderly Annexation Area. She stated that a new board consisting of three Planning Commission members from the City and Township along with the Mayor and Township Supervisor will act as the final decision making body. If an action made by this board is appealed, it would go to court. The fee for these types of planning requests is $400 to cover the City's costs. She added that monthly meetings would take place to handle these requests. The first step would be to amend the Orderly Annexation Agreement. The township has requested the change and the County is supportive. Because the Orderly Annexation Agreement is property specific, Weyrens stated that notices have been sent out to the affected property owners. There was some question as to who the Zoning Administrator is. Weyrens stated that, currently, she, as the City Administrator, takes on those responsibilities. Wick questioned the Stearns County Land Use and Zoning Ordinance relating to the Administrative Roles and Responsibilities. It states: "The Joint Planning Board will serve as the Board of Adjustment in the OA area and shall hold the public hearing on all applications for conditional use /interim use permits, variances, rezoning, platting and administrative appeals. Except for rezoning, the Joint Planning Board who will have final authority on all matters listed above... The Joint Planning Board shall serve as an advisory board and shall make recommendations on rezonings which shall be submitted to the Township and City for final decision. Rezonings shall require the approval of both the Township and the City at a joint meeting." Wick stated that this seems conflicting as he was under the understanding that the County acts as the zoning administrator and will have final zoning authority. Weyrens stated that she will check into this. CITY ENGINEERIPUBLIC WORKS DIRECTOR REPORTS North Corridor Study Updates: Sabart stated that the City of St. Joseph is currently involved in three Transportation Corridor Studies: North Corridor, North Corridor East and Field Street. We are also impacted by the Southwest. Beltway Corridor. For the last year and a half, the North Corridor Study has been hung up in the review process by MN Dot and FHWA. One study that has been ongoing is that portion from CSAH 133 to CSAH 3. He stated that the delays are mostly due to the large number of stimulus projects and more recently due to delays with FHWA's new fiscal restraint policy. They have defined a rule that studies that are currently in the "pipeline" that are not fiscally constrained or do not have a subsequent phase programmed in the TIP /STIP cannot proceed through the environmental documentation process. The FHWA has advised that it will not issue a determination. That new ruling has held up most of the studies that have been ongoing: They have; however, said that they would issue a determination if the City signed a "resolution of commitment" that shows a commitment of local, non- federal funds for at least one phase of the project. Due to the fact that the FHWA will not make a September 16, 2010 Page 6 of 7 determination on the EIS Scoping Document, the EIS study cannot start. He stated that the following are the options to proceed: • Append the Scoping Document to the Corridor Study an stop • Convert the Scoping Document into a Feasibility Study • Update to reflect current conditions • Summarize status of document and identify the updates that may be needed when the project is advanced • Incorporate the feasibility study into a future Transportation Plan Update to help memorialize a locally supported alignment Sabart advised the Council that the City cannot get to the mapping stage because the FHWA will not sign off on the EIS document. They are only looking to fund projects on the 2030 Transportation Plan. Wick commented that a lot of money has already been spent on this. With respect to the portion from CSAH 3 to Westwood Parkway, Sabart advised the Council that the EA document is 90% complete and has been submitted to MN Dot and the FHWA and has now been held up as well. He also advised the Council that this segment is financially constrained, but the FHWA is not accepting this either as there is no subsequent phase programmed in the TIP /ST1P. He explained the options available to proceed: • Pass a local "resolution of commitment" showing local, non - federal dollar commitment for funding at least one subsequent phase of the project. He stated that that commitment must be "meaningful ". He suggested updating the EA to define phases of the project. • Make application to have subsequent phases programmed in the TIP. • Leave the EA in its current draft format and pick up the document in the future • Convert EA into a feasibility study • Proceed as a state EAW Wick questioned where the APO stands on these issues. He stated that none of these areas are within the City and annexing those properties goes against the City's annexation polices. So far, the City has spent several dollars and quite a bit of time on this process. There was a substantial amount of discussion about acquiring ROW from the Feld Farm. Wick questioned whether or not a "Resolution of Commitment" binds future Councils and stated that, at this time, there is no dollar amount to bind. He added that he would like to see the costs of the various options. Sabart concluded by stating that there are twelve other projects being affected by these changes. Field Street Update: Weyrens updated the Council on the Field Street Study by stating that it is currently stalled in the review process similar to the North Corridor. It is currently in review by Cultural Resources which has determined that the proposed corridor is impacted by three historically eligible properties: Rassier Farm, St. Isadore Farm and College /Monastery of St. Benedict. They have recently dropped the Rassier farm as potentially historic and the study only has to deal with the later two. To move this forward, Weyrens stated that the City is being asked to enter into a programmatic agreement to identify a preferred route. She added that the historical properties must be federally registered. Right now, that is a city cost and WSB estimated a cost between $45- 60,000. Weyrens advised the Council that this will be addressed further on October 7. On the bright side, Sabart stated that if a programmatic agreement is settled, the FHWA will sign the EA and the City will have record of a decision for that corridor. Frank does not feel that we need to spend more money on this, simply because we have already spent money on this. Rassier stated that this is the final step for this process. Sabart stated that, in the future, the City may need to investigate any new impacts, but most of the information will be the same. Wick questioned the process if the property owners are not willing to list their properties as historical properties. Weyrens replied that she was advised that the State could require it to be done. 16th Avenue SE Improvement Update: Sabart advised the Council that curb and gutter has already been constructed along 16 Avenue SE and the concrete needs to cure a little bit yet. He stated that the north section will begin to take shape and the bituminous has been removed south of Baker. According to Sabart, the contractor will have a project schedule by next week. September 16, 2010 Page 7 of 7 ADMINISTRATOR REPORTS Special Meeting: Weyrens suggested a special meeting be held on September 29 at 6PM to discuss the following: Rivers Bend, Parking Relieve Request, 2011 Budget. Sunday Liquor License: Weyrens advised the Council that staff has been working with Loso's Mainstreet Pub since June to meet the requirements for a Sunday Liquor License. In order to sell alcohol on Sunday an establishment must have a full food license. In this case the license is issued by Stearns County Environmental Services and they too have had numerous contacts with the property owner and the property is still non compliant. In order to resolve this matter, staff would like to give them notice that their license will expire on October 1 if they do not meet the food license requirements as required by Minnesota Law. Wick made a motion recommending revocation of the Sunday Liquor License for Loso's Mainstreet Pub if it is not in compliance by October 1. The motion was seconded by Symanietz and passed unanimous. Tri-Cap Busing: Weyrens stated that the TriCap busing will start on Monday, October 18 COUNCIL REPORTS =71IN12 Assessment Policy: Frank stated that he would like to see this addressed at the next Council Meeting. Weyrens stated that it would be placed on the October 7 agenda. Human Advisory Board: According to Frank, the City did a good job re- advertising for the St. Joseph/St. Cloud Human Relations Board. Due to the fact, that aren't any civilians stepping forward, Frank stated that he would like to see Cara Ruff appointed for the City of St. Joseph, regardless of the fact that she does not live within the City. LOSO — No Report WICK Partnership Update: Wick discussed the Regional Economic Development incentive strategy that the Partnership is working on. Millstream Arts Festival: Wick reminded the Council that the Millstream Arts Festival will be held on September 26 from 11AM to 5PM. Candidate Forum: Wick reported that there was a candidate forum held in Waite Park for the state offices and was advised that a tape was received and it would be played on the cable channel. He advised the residents that the St. Joseph Candidate Forum will be held on October 3 from 2-4PM at Sal's Bar. SYMANIETZ — No Report MAYOR REPORTS — No Report Adjoum: Frank made a motion to adjourn at 9:45PM; seconded by Symanietz and passed unanimously. a"d *Zistrator We s