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HomeMy WebLinkAbout[04a] Minutes1'1�� CITY OF ST. d[1.SN PH Council Agenda Item 4 a MEETING DATE: April 7, 2011 AGENDA ITEM: Minutes — Requested Action: Approve the Council minutes of March 17, 2011 and March 31, 2011 SUBMITTED BY: Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGET /FISCAL IMPACT: $ ATTACHMENTS: Request for Council Action .. ............................... 4(a):1 -2 Minutes of March 17, 2011 .. ............................... 4(a):3 -10 Minutes of March 31, 2011 (to be sent via email) REQUESTED COUNCIL ACTION: Approve the Council minutes of March 17, 2011 and March 31, 2011. 4(a):1 THIS PAGE INTENTIONALLY LEFT BLANK 4(a):2 March 17, 2011 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, March 17, 2011 at 7:OOPM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, 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, Police Chief Pete Jansky Others Present: Margy Hughes, Tom Klein, T. Scheeler, M. Woida, S. Paula Revier, Tom & Susie Ardolph, Ellen Wahlstrom, Doug Weiszhaar, Rick Schwegel, Jodi Terhaar, Ryan Lemieux, Dave Gruenes PUBLIC COMMENTS 4' Ellen Wahlstrom, 409 8th Avenue NE, approached the Council to�gi9estion the status of the written assessment policy for the City of St. Joseph. She stated that;li)s was "brought back one time, but the document was full of legal language and was not easy gjyr d island S. Marithese Woida, 105 2"d Avenue SE, approachi&,& Council on behalf "of the Sisters of St. Benedict, 104 Chapel Lane. She stated that they are requeAh9 the City to amend the Transportation Plan to include the preferred alternative G2 for Field Street as'-that was the alternative to which most of the parties were in agreement. She also advised the Coun`cit that the�Sisters of St. Benedict will seek listing on the National Historic Registry, as funds, are available. Tom Ardolph appeared before the Council and stated that he is the owner of Cybermation in Waite Park. He recently noticed that the City is looking to upgrade its cable system. He asked the Council to consider postponing any action on this as they would like to offer the City a quote as well. Loso commented that he would like to see a proposal for an upgrade using the City's current equipment. Approval of the Agenda: Wick made a motion to approve the agenda with the following changes /additions: Move 4(b) 131I1s ,Payable, > Move 4(e) Police Vehicie'Equipment Add 10(a) Transportation Study - County Road 133 The motion was seconded by Symanietz and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda as follows: a. Minutes — Approve the City Council minutes of March 3, 2011. b. Moved for discussion.` c. Equity Designations = Approve the 2010 Equity Designations as presented. d. Treasurer's Report — Accept the February 2011 Treasurer's Report. e. Moved for discussion. The motion was seconded by Wick and passed unanimously. Consent Items 4(b) & 4(e): 4(b) — Bills Payable: Frank noticed a charge to Katie's Kennels for boarding. He was under the impression that stray dogs were now being taken to the Humane Society. He questioned whether or not there as a change in boarding policies. Weyrens explained that Katie's Kennels took over for the St. Joseph Vet Clinic when they decided to no longer offer boarding. She explained that there would have been additional membership costs to belong to the Humane Society and thus the animals are taken to Katie's Kennels. They charge the same fees as the Vet Clinic. 4(e) — Equipment Purchase: Frank questioned the use of forfeited funds to equip the new Tahoe. He questioned whether or not those funds could be utilized for general purposes. Jansky stated 4(a):3 March 17, 2011 Page 2 of 7 the law is very specific and forfeited funds can only be used for enforcement or training. Purchasing equipment is considered enforcement. Loso made a motion to approve the following: 4(b) Bills Payable: Approve check numbers 043896- 043945 and EFT numbers 000517- 000521. 4(e) Equipment Purchase: Authorize the purchase of equipment for the new police vehicle at an estimated cost of $11,500 using forfeited funds. The motion was seconded by Wick and passed unanimously. Outdoor Liquor Events: Weyrens stated that the purpose of the hearing" was to consider issuance of two outdoor special events. They are as follows: Friday, May 13, 2011 Saes Bar — Senior Farewell Sunday, July 3, 2011 St. Joseph Church — 4th of Jgty Celebration She advised the Council that she received a calf from Sra "at the Monastery and they are in support of both events. Schultz opened the Public Hearing. Rick Schwegel approached the Council on behalf of theft. Josepff hurch. He stated that they are asking for approval for an outdoor liquor vent to be held" ",1"of July 3. The pa�sh festival will take place on the 4th. This event is similar to what has beeni�n'in the past with the exception that mass will take place on the grounds at 4PM. As a result of the outdo mass, he stated that they would like to amend their application for the road closin" h ' pp g�erm�t�fdrr� 3 PM to nopn. Schwegel advised the Council that the residents in proximity to the event will be notified, as they have'heen in the past. Frank stated that he is a little concerned about the traffic and how that will be diverted. Jansky replied that they are being diverted down and around the Old Kennedy on the 3r' and around Callaway on the 4th due to the parade. Jansky added that he does not see a problem with the request. Jodi Terhaar, CSB Dean'of Students, approached the Council on behalf of the College of St. Benedict and St. John's University to request approval of the outdoor liquor event for Senior Farewell. She stated that this is their 4th /5th year of hosting this event and theorganized event has eliminated the problems that used to occur on the night of Senior Farewell Terhaar stated that the college and university have been working with the City on this, Jansky stated that he supports the efforts of CSB and SJU and encourages the Council to approve the outdoor event permit. The public hearing was closed at 7:20PM. Loso made a motion to authorize the Mayor and Administrator to execute a temporary outside Liquor License for St. Joseph Parish for an event to be held on July 3, 2011 between 6:00PM and midnight as well as to approve the temporary road closures for July 3 and 4, 2011 as amended. The motion was seconded by Frank and passed unanimously. Symanietz made a motion to authorize the Mayor and Administrator to execute a temporary outside Liquor License for Sal's Bar for an event to be held on May 13, 2011 between the hours of 9PM and midnight. The motion was seconded by Loso and passed unanimously. Noise Violation, 304 Old Hwy 52: Weyrens advised the Council that they are being asked to act on an alleged noise violation at 304 Old Hwy 52. She stated that the property owner has been notified and he did not request an evidentiary hearing. Two separate actions are required: • Determine that a noise violation did occur. • Determine the disposition. 4(a):4 March 17, 2011 Page 3 of 7 Ryan Lemieux approached the Council and stated that he is the owner of 304 Old Hwy 52. He advised the Council that the notice he received indicated that the incident occurred at 310 Old Hwy 52; however, the police report indicates that the incident occurred at 304 Old Hwy 52. Lemieux stated that he owns a total of nine rental units in St. Joseph as well as several near SCSU. He expressed his concern with our Ordinance, which holds the landlord responsible for the tenant's actions. He stated that, in the past, he has offered his services to the City to help with revising the Ordinance. Lemieux concluded by stating that he would like to understand the City's Ordinances. Loso made a motion to determine that, on February 25, 2011, a noise violation did occur at 304 Old Hwy 52. The motion was seconded by Wick and passed unanimously. Wick made a motion to impose a fine of $250 to the property owner. The motion was seconded by Loso and passed unanimously. Field Street, Finalize Project and Contract: On behalf of WSB; 1)60 Weiszhaar appeared before the Council to give a final presentation regarding the "Field Street "`project. He stated that a letter and technical memorandum have been distributed as the final disposition to the Field Street Corridor Study. He stated that the Council is being asked to accept the final memorandu'm`which summarizes the activities and results that occurred during the study process. The final memorandum includes a considerable amount of useful information for the City. Weiszhaar stated that previously the Council has decided to terminate the study and prepare a final document of facts. Weyrens stated that S. Kara called and .stated that Popenhagen did an outstanding job with the study and she suggested that the City update its Transportation Plan to,add the preferred alternative. Weyrens stated that she will check on the process.for updating that plan: Wick made a motion to accept the Technical Memorandum as presented and end the contract with WSB. The motion was seconded by Loso. Discussion: Frank questioned what was meant by "no adverse effects" in an email from Zschomler. Weiszhaar explained that, at that time, there were several historic properties and there was no adverse effect to the preferred alternative. Frank also questioned Stipulation I(A) which requires that Cultural Resource Inventories be updated. He questioned what impact that will have on the Sisters of St. Benedict seeking historic designation. Weiszhaar stated that the monastery is eligible to seek historic designation and stated that this will have no impact on that. Weiszhaar stated that once a „property is 50 years old, it may be eligible for historic designation and this section refers to those properties that could potentially be eligible in the future. There was also some discussion regarding the returning of any remaining Federal Funds to the APO. There are approximately $20,000 remaining and it was stated that those could be used for the North Corridor ROW acquisition. Frank questioned whether or not those funds could only be used for transportation. Weyrens responded that the money was bonded for and was to be used for transportation matters. 'Since there are enough transportation issues outstanding, it would be best to use it for what it was intended. Frank also questioned whether or not this would preclude us from any federal or state funds in the immediate future. The question was also raised as to whether or not sales tax funds could be used. Weyrens replied that they could possibly be used if the Council were to determine that this is a regional corridor. Sabart advised the Council that there are no federal funds available. To qualify for state aid dollars, additional environmental documents may be needed. Loso stated that he was under the impression that the east corridor had already been discussed as a state aid roadway. Sabart explained that staff began to designate this roadway as a municipal state aid road, but at this time it is only a "paper road ". The motion passed unanimously. 4(a):5 March 17, 2011 Page 4 of 7 St. Cloud Partnership, Consideration of Membership: Dave Gruenes approached the Council to represent the St. Cloud Partnership. He stated that the Partnership was created in 1983/1984 when one of the area's largest manufacturing companies closed, dislocating a lot of workers in the community. The purpose of the Partnership was to find ways to keep and attract new businesses. The Partnership is made up of three counties: Stearns, Benton and Sherburne, as well as a number of local employers. Gruenes stated that the Partnership has been a hot topic of study and discussion. Recently, St. Cloud Mayor Dave Kleis set up a task force to look at economic development. They looked at economic development from three areas: • Economic development being an HRA issue for the City. • What role should St. Cloud play in economic development? • How should economic development be done on a more regional basis? The task force found that there is a need for a strong regional entity that markets the region to grow and retain businesses. It was found that there are a lot of entities that claim to do something with economic development and they tend to fight for resources rather than working together. The Partnership talked about the need to building a stronger'region which would require a transformation of the current organization. A task force has been set; up to review economic development and the partnership. They came up with the following findings;; • The investment that the St. Cloud Partnership makes is far below the national average. • When the Partnership was created 30 years ago, it was to promote regional economic development. Businesses want to invest in a community and be a part of it. At this time, there are not a lot of businesses "around the table ". • In other best practice communities that they visited, they found that their lead entity has a clear vision, is held accountable and coordinates activities. The group traveled to Dubuque, IA to see what they do as they were one of the "best practice communities" that was studied. They also studied Sioux Falls, SD. • Currently, the Partnership is struggling to maintain membership. Gruenes stated that, based on those findings, the group developed the following recommendations: • Adopt a model with 2/3 of the members being from the private sector and 1/3 from the public sector. • Ask members to be an investor rather than a "member" as an "Investor Model" means that they will get a rate of return. In the future, the organization needs to prove itself to its investors. He added that, in communities that do good economic development, a common factor was that they have worked with NCDS (National Community Strategy Group) firm. This group has helped over 500 . communities to create five year plans as well as raise money to carry out those initiatives. The task force believes that the first step in the transformation process is hiring an outside firm with recognized successes. He stated that the recommendations were considered by the Board on January 14 and passed 22 -2 to adopt the recommendations. The Partnership will have a new CEO and they plan to engage NCDS to lead the transformation process. At this time, 36 companies have committed to being an investor. There is an Interim CEO lined up to carry on the Partnership's roles. They will; however, be searching for a new CEO to drive the new 5 -year plan. Gruenes stated that the big question is what the new organization is going to look like. He stated that they cannot do it alone. Collectively, there are enough resources. When money is appropriated to the Partnership, the economic development work will continue. He added that, in the meantime, they have added 36 new businesses to double the current budget. They hope that, as a bigger corporation, they can do a better job. By the end of the year, they hope to have a strategy for what the organization will do for its investors. At that time, investors will have the opportunity to decide whether or not they want to continue with the Partnership. Gruenes provided the Council with some information regarding Dubuque, IA and Sioux Falls, SD. 4(a):6 March 17, 2011 Page 5 of 7 Symanietz questioned Gruenes and the other Council members what projects St. Joseph has received from the organization. Wick replied that St. Joseph may not have received a business, in town; however, many residents may work for businesses that have relocated to the area. The Partnership markets the whole area. Gruenes added that there is a "spill -off effect'. Gruenes advised the Council that if they choose to continue with the Partnership, they will be paying for new plans and ongoing functions of the Partnership. Schultz questioned how communication will change. In the past, the only communication that the City received was an invoice asking for funds. He questioned the risk of waiting for the new organization to be formed to which Gruenes questioned how it would look if all of the government entities gave up and let the private sector figure things out on their own. This would be a good faith effort for the City. Wick questioned whether or not economic development is important to the Council and whether or not they want to be a part of this. Frank stated that some area cities have opted out. He questioned whether we are comparing apples to apples. Is our area similar to some of the other cities that the task force studied such as Dubuque? Gruenes replied that they plan to bring the community together and create something better. He added that the St. Cloud area is made up of three counties and six cities and that will not change. The boundaries will not change, but the attitude to work together can change. He believes that this is a great community and we need to maintain its identity.", % - Frank stated that they have three options: support this, do nothing until we find out what the area cities are doing, or sit out for 9 months. Wick added that the City has the ability to maintain it and be a part of shaping the new organization. He stated that other cities may be waiting for another governmental entity to show their support. He stated that he would rather be a part of shaping the organization than coming in later. Loso made a motion to decline membership until the five year plan is developed and to re- evaluate the membership in January 2012. The motion was seconded by Symanietz. Discussion: Wick'stated that he believes this is the wrong decision. He advised the councilors that this item will be addressed at the Intergovernmental Meeting and the new organization will meet prior to that meeting. Gruenes added that a press release will be coming out with information on the new organization and stated that the Council may want to postpone making their decision. Weyrens advised the Council that the funds are currently in the EDA fund and the EDA voted unanimously to support the Partnership. Frank made a motion to table action on the St. Cloud Partnership until the April 21, 2011 meeting. The motion was seconded by Wick and passed unanimously. Frank clarified that the EDA cannot spend that money on any other functions without Council approval. CITY ENGINEER/PUBLIC WORKS DIRECTOR REPORTS Loso stepped down from his chair. Park Terrace Improvements: Sabart stated that, at the last meeting, he distributed the Feasibility Report for the proposed Park Terrace Improvements. If the Council wants to move forward with the project, they would need to schedule the public improvement hearing. The tentative date for the hearing is April 14 at the Fire Hall. Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2011 -007 receiving the Feasibility Report and calling for the public hearing on the proposed 2012 Park Terrace Improvements. The motion was seconded by Symanietz. Discussion: There was some discussion about the best time to bid. Sabart stated that, depending on the result of public hearing, the solicitation of bids may be moved up. He advised the Council 4(a):7 March 17, 2011 Page 6 of 7 that they will discuss the possible assessment abatement program at the next meeting. The first step will be to prequalify the residents; however, Sabart added that the threshold is very low. The motion passed unanimously. ADMINISTRATOR REPORTS Transportation Study — CR133: Weyrens advised the Council that there is a fast food company that would like to locate on the corner of County Roads 133 and 75; however, there are some access issues. It is likely that they cannot have a full access. While the property owner and developer have presented some alternative designs, Weyrens suggested the City conduct a transportation study to help facilitate the final design and access. Sabart added that the study would encompass the portion of CR133 from CR75 to Elm Street. The study would be done by SEH and the estimated cost is $11,000. Such a study would benefit the entire area as it develops. Weyrens stated that the Credit Union has agreed to pay for a portion of the cost, but did not want to bear the full cost as it benefits other properties as well. Weyrens stated that the purpose of the study is to make sure that we`have a safe access. Loso questioned whether the properties to the east will need to change their ingress /egress as well. Weyrens advised the Council that the excess transportation funds could be used for the study. Schultz questioned the use of sales tax funds for the study to which Weyrens stated they could not use those funds because this is a planning document. Sabart stated that he has been a part of the problem with this area'as he is concerned, about traffic movement. It would be a good idea for the City to evaluate the alternatives. Loso questioned whether Stearns County would be involved. Sabart explained that initial conversations with the County were to limit the access. He stated that the pointof the study would be to bring some technical rationale as to what other geometry could be feasible for this area. The Developer is not receptive to the current plans. Weyrens stated that, initially, this was one lot and was split into four separate lots. Sabart explained that the difficulty is the distance from Elm Street to CR75. Schultz made a motion to approve the expenditure of up to $5,000 to conduct a transportation study at the intersection of County Roads 133 and 75. The motion was seconded by Symanietz and passed unanimously. Noise & Assessment Policy Update: The Council asked Weyrens for an update as to where staff is at with the Noise Ordinance and Assessment Policy. Frank stated that he believes in clear Ordinances and statutes. Weyrens replied that she is working on both 'of'those. The assessment policy is a very legal document and requires certain things. She will bring this back in a different format. Frank stated that some cities combine their noise ordinance with a social host ordinance. Weyrens stated that staff has discussed that option. Both of these will be brought back in April. Cable Upgrade: Weyrens stated that the Council has received information and had some long discussion about the bids and now the Council is being asked to make a decision as to whether or not they want to move forward with the upgrade to the cable system. Schultz clarified that the upgrade will be paid for using peg access fees. Loso stated that the current system is not perfect, but feels that with a few upgrades, it is fine. According to Frank, there are different things that the City could be doing and feels that the majority of the Council had a different vision. He sees no problem waiting for a second bid. Schultz made a motion to approve the upgrade to the Cable System with no alternatives. The motion was seconded by Wick. Discussion: Symanietz commented that the City may possibly upgrade to the Video on Demand in the future. Loso questioned why we need to upgrade the system if the current system is not broken. Ayes: Schultz, Wick, Symanietz, Frank Nays: Loso Motion Carried 4:1:0 4(a):8 March 17, 2011 Page 7 of 7 MAYOR REPORTS APO Executive Board: Symanietz reported that she attended the APO Executive meeting in place of Schultz. She stated that MN Dot will be receiving some additional funds for a new program called "Better Roads" which will fund improvement to pavement for roads. She added that the APO will fight for some of those funds to be used in our area. It was reported that some of the area mayors went to the capital to talk to the Governor about LGA. She also stated that by April 4, MN Dot is to have a 50 -year vision outline plan in place. Joint Planning Board: Symanietz reported that she attended the new Joint Planning meeting. The new committee has been formed to streamline the process for planning in the St. Joseph Township Orderly Annexation Area. They took action on combining two parcels to one near Pam's Auto. Schultz thanked everyone for their help while he was u COUNCIL REPORTS WICK — No report ° SYMANIETZ — Discussed under Mayor Reports LOSO" Rec Association: Loso reported that FRANK Kleinfelter Park: Frank dogs at Kleinfelter Park EDA: Frank stated that 3 that this may take effect that he T'herle is aware of the issue. W eyrens Adjourn: Symaniletz made a unanimously. Judy Weyrens Administrator meetings. new president is Scott Bloch. he 'received some complaints about the Gently discussed the Farm to Market Initiative and advised the Council y School t the Council work session is scheduled for March 31. Schultz stated late. sid6n.ts to call the office if they have an issue with their street flooding. to adjourn at 9:05PM; seconded by Frank and passed 4(a):9 THIS PAGE INTENTIONALLY LEFT BLANK 4(a):10