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HomeMy WebLinkAbout2011 [04] Apr 07April 7, 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, April 7, 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 Others Present: Tom Klein, Aaron Holthaus, Jason Neuerburg, Linda Elfstrand, Tom & Susie Ardolf, S. Kara Hennes, S. Paula Revier, Kyle Brawn, Joe Brawn PUBLIC COMMENTS Tom Ardolph, approached the Council on behalf of Cybermation, Waite Park. He stated that he was present at the last Council meeting at which time he asked for the Council to reconsider the purchasing of the equipment for the cable broadcasting and bulletin board. He is again asking the Council to consider a quote from another vendor. He stated that, in his opinion, it appears that the City is still not purchasing the proper equipment. Approval of the Agenda: Loso made a motion to approve the agenda with the following additions: Add Comprehensive Plan Amendment Add Update on Sewer Agreement The motion was seconded by Wick and passed unanimously. Consent Agenda: Wick made a motion to approve the consent agenda as follows with minor corrections to the minutes: a. Minutes — Approve the City Council minutes of March 17, 2011. b. Bills Payable — Approve check numbers 043946- 044002 and EFT numbers 000522- 000526 and 000531 - 000532. c. Equity Designations — Reallocate the EDA Equity balance assigning a 2010 balance as $5,162.57. d. Transfer — Authorize the 2011 operating transfer from the General Fund to the EDA Fund. The motion was seconded by Symanietz and passed unanimously. Tri -Cap Busing Update: Linda Elfstrand approached the Council on behalf of Tri -Cap. She stated that Tri Cap started offering two day a week bus service on October 18, 2010. Service is available on Mondays and Thursdays between the hours of 9am- 3:45pm. To kick off the service, they offered free trips in October. The fare for in town transportation is $1.25 /board and $3.00 /board to St. Cloud. Elfstrand added that local in -town tokens can be purchased at the Central MN Credit Union. According to Elfstrand, she is unsure of what will happen to funding for next year, but stated she will have a better sense by August. Wick questioned Elfstrand as to whether or not they are happy with St. Joseph's ridership. She responded that the fares collected will never pay for the service, but added that, for a new service, St. Joseph is doing pretty good. Elfstrand advised the Council that the long term goal is to have 5 passengers per hour for in town service and 3 passengers per hour using the shuttle to St. Cloud. Frank stated that Tri -Cap is the major contributor for the service. He added that the St. Joseph Lions, the St. Benedict Monastery and the City of St. Joseph have each contributed $800 to provide the service. Cone Castle — Request for Funding: Weyrens stated that the EDA recently considering a funding request to assist a developer with asbestos abatement for a project located at 118 —18' Avenue NW. The project includes demolishing the existing structures and constructing a small fast food restaurant entitled Cone Castle. The EDA supported the project and requested the Council approve assisting the developer with asbestos abatement in the amount of $ 6500. The funds will be expended through the budgeted capital projects fund. The assistance is in the form of a reimbursement upon receipt of completion. eveloper April 7, 2011 Page 2 of 7 request. The EDA considered this request at their last meeting and have recommended approval. The developer, Cone Castle LLC, is proposing to raze the existing residential structure and build a new facility. Loso made a motion to accept the recommendation of the EDA, reimbursing the developer up to $6,500 for asbestos abatement for the purpose of redeveloping the property located at 118 1st Avenue NW. The motion was seconded by Frank. Discussion: Aaron Holthaus and Jason Neuerburg approached the Council on behalf of Cone Castle LLC. They stated that they plan to hire 10 -12 PT employees and 2 -3 FT employees. Frank stated that the proposed building has a severe asbestos problem and the only way to rid the problem is to tear it down. Holthaus stated that their main business is ice cream. The pizza cone is what will make them unique and is popular in Europe. They envision a year round business. Wick questioned the timing for the project to which Holthaus replied that they are ready to move quick. They are currently working with Weyrens on an application for rezoning to allow for a drive - thru. The motion passed unanimously. Assessment Policy: Weyrens stated that the Council received a revised "draft" Assessment Policy. Staff spent time looking at other cities' assessment policies and found that the language stating that the policy is to be used as a guide, is common throughout. She advised the Council that the City's current practices were also included in the document. Staff is now looking for input from the Council. Frank stated that he does not want to approve this document until others have had a chance to comment. According to Wick, the majority of the document explains past practices, but feels it is good to see this in draft form. Weyrens stated that the purpose of the Policy was to tie all of the documents into one. She once again questioned the Council as to what they are looking for. Frank replied that he sees one goal and that is to have a policy that is as clear and concise as possible. He added that he understands the need for legal language as well. The question was raised as to how this document is different. Jovanovich stated that it provides for a fair and equitable manner for assessing properties. In the past, the City did not have a policy. Frank stated that this will be better for the residents as well as they will not know the rules before a project is started. Loso addressed the need for the City to show a benefit, if the assessment is challenged. Jovanovich replied that the City, going forward, may hire appraisers. According to Weyrens, the City is bound by MN Statute 429 which illustrates the need to have a benefit. Weyrens suggested scheduling meeting in April or May to discuss this in more detail. Wick stated that he has several items that he would like to address, but only questioned a few items: • Service Life Improvements — It was stated that the surface life for both a residential alley and a commercial alley is 15years. He questioned how they can be the same. Sabart stated that the pavement design is different, resulting in the same lifespan. He then questioned the surface life for subsurface improvements being 40 years and what happens if it needs to be replaced early. • Assessment Hearing — Wick questioned the possibility of holding the assessment hearing prior to or following the installation of the public improvements. It was stated that, by conducting the hearing following the improvements, the City has better numbers. • Footage — Wick suggested that a definition be added to define "non- abutting benefitting lots'. • Subsurface improvements —Wick advised Weyrens that there seems to be some language missing related to residential vs. commercial properties. Weyrens once again suggested that a special meeting be held to discuss this further. Ordinance Update — Fences: Weyrens stated that the Council previously requested that the Planning Commission reviewing the fence ordinance and consider a revision to the ordinance relating to the construction of maintenance free fencing along the property line. The Planning Commission considered the request and did not recommend a change to the Ordinance. April 7, 2011 Page 3 of 7 Loso made a motion to accept the recommendation of the Planning Commission and keep Ordinance 52.12 Subd. 2 [Fencing] as is. The motion was seconded by Wick. Discussion: Wick stated that this was changed when the Ordinance was updated in 2006. He added that he believes that all fences should be 2' off the property line. Loso, on the other hand, has not heard a lot of complaints about them being allowed on the property line. Frank, as well as Loso, believes that communication is important between neighbors. Ayes: Schultz, Loso Nays: Wick, Symanietz, Frank Motion failed 2:3:0 Wick made a motion to send Ordinance 52.12 Subd. 2 [Fencing] back to the Planning Commission, suggesting that a change be made to require that the adjoining property owner give permission prior to construction of a maintenance free fence on the property line and to conduct a public hearing on such. The motion was seconded by Symanietz. Ayes: Wick, Symanietz, Frank Nays: Schultz, Loso Motion carried 3:2:0 Ordinance Update — Parking: Previously the Planning Commission held a public hearing on modifications to the Parking Ordinance which were considered by the Council in October 2010. The Council accepted all the recommendations with the exception of the parking pad regulations. The Council in October requested the Planning Commission reconsider the provisions regarding parking pads. The Planning Commission in March considered the request of the Council and made some minor modifications. The Council suggested the following changes: • Subd. 6(d):"... The Planning Commission may grant an extension... ". Wick stated that the City Council would grant the extension as the Planning Commission is only a recommending body to the Council. • Subd. 6(g): "... Total square footage of structures, driveway and parking pads shall not exceed 500 square feet...." It was suggested that structures be removed. Loso also stated that, based on this provision, if the driveway is greater than 500' that would restrict the property owner's use of their property by not allowing a parking pad. Loso stated that he does not support the restrictions in the Ordinance regarding parking pads and does not feel how residents currently use their property. He does not agree with regulating what a property owner does in their back yard. Weyrens clarified that the provision regarding parking pads is a new provision that is a result of the complaints received by the City from neighbors regarding vehicles and equipment parked on the grass. After considerable discussion, Wick made a motion to approve the amendment to Ordinance 52.10 [Off Street Parking], minus Subd. 6. The motion was seconded by Loso and passed unanimously. Weyrens advised the Council that they will see the summary publication as well as a resolution authorizing summary publication of Ordinance 52.10. Ordinance Update — Transportation Corridor Overlay: Weyrens stated that the Transportation Corridor Overlay Ordinance is in need of some modifications. She reported that the Planning Commission spent a lot of time looking and this. It was suggested that the area between 2nd Avenue NE and 1S` Avenue NW be excluded from the requirements, unless a large scale development were to occur as single lot development would not work. She added that the Ordinance is currently on the books and thus needs to be enforced. This may affect a potential project known as Cone Castle. Schultz suggested that this item be addressed at the joint meeting to be held on April 11 due to the fact that the Planning Commission has tabled this and the EDA has a vested interest in this Ordinance. Schultz made a motion to table the amendment to Ordinance 52.21 [Transportation Corridor Overlay District Site and Design Standards] until the joint meeting to be held on April 11, 2011. The motion was seconded by Loso and passed unanimously. CITY ENGINEER /PUBLIC WORKS REPORTS Loso stepped down April 7, 2011 Page 4 of 7 2012 Park Terrace Proposed Improvement: Previously, with the 16`h Avenue Project, the Council considered hiring an appraiser to do a pre- improvement appraisal analysis of the area. The chosen appraiser has since closed their doors. Sabart stated that staff wants to solicit direction from the Council as to whether or not they would like to have an assessment analysis completed of the Park Terrace neighborhood to determine whether or not the proposed assessments would be supported by the project. He added that, if this is the direction that the Council wishes to take, staff has identified two appraisers who have prepared such analysis. Wick questioned what would happen if an appraisal is done and it indicates that the assessments would not support the project. The improvements are needed, so who would be responsible for those improvements. Sabart replied that the appraisal would indicate a dollar amount that could be supported by special assessments. The City would then need to determine how to fund the balance. He added that he would not expect to see "no benefits" as the street is deteriorating and the utility improvements are needed. Schultz questioned how a "bulk" appraisal is done. Sabart explained that he will look at the lowest common denominator as they are generally the exception rather than the rule. Jovanovich added that this is becoming a common practice as improvements are costing more. Hiring an appraiser prior to constructing the improvements may save the City money, in the long run. Frank added that it increases the confidence of the residents as well. Schultz made a motion to move forward to solicit quotes for a pre- improvement appraisal of the Park Terrace neighborhood. The motion was seconded by Wick. Discussion: The public improvement hearing is scheduled for Thursday, April 14. Frank stated that he may not be present due to other commitments. Weyrens stated that a 4/5 vote is needed. Therefore, Weyrens stated that the schedule indicates that the Council will consider official action at either the April 21 Council Meeting or the first meeting in May. The Council will indicate, at the meeting, when this will be discussed. The motion passed unanimously. County Road 2 Trail Expansion: Sabart stated that, at the council /staff workshop, they discussed the potential for a pedestrian trail to be constructed along with the CSAH2 realignment. He provided the Council with a summary of estimated costs along with an aerial photo showing the proposed locations for the trail. Previously, he has expressed his concern about the potential costs of constructing the trail under the 194 Bridge. As a result, that section is not included in the estimates. Sabart explained that the map shows a trail along both sides of Minnesota Street connecting to County Road 2 as both are possibilities and both present challenges. The preliminary estimate of project costs is $949,000. The estimated costs include some high ticket items such as trail lighting along Minnesota Street. He added that the County has met with the DNR regarding culver sizing and based upon the outcome of those conversations, the construction costs may be able to be reduced. Wick questioned the proposed location of the trail continuing past Minnesota Street towards 194. Sabart replied that it could be on either side; however, it may be more appropriate due to the proposed Gateway Development and the possibility of a park near Lake Sarah. Sabart stated that this was intended as a follow up from the workshop. Schultz and Wick both agreed that the Park Board should see this information. Weyrens questioned the Council as to where they are at. She stated that the only funding available would be the sales tax funds. Loso questioned the timeline for the Council to make a decision to which Sabart replied that the County has not given us a hard timeline for submittal. He stated that he would like to have a decision in the next two months. Schultz stated that this should be included in the master park plan. He suggested that this be brought up at the joint meeting on April 11. Sabart stated that the Council needs to put together a plan of moving forward, not a plan to build the actual trail, but to allow the County to purchase right of way. Frank clarified that they are proposing to construct a 2 lane roadway with a trail. The project would use about 1/3 of the anticipated sales tax revenue. With respect to sales tax funds, Frank stated that people would rather use the funds than accumulate sales tax dollars. Symanietz questioned the placement of the April 7, 2011 Page 5 of 7 trail to which Sabart explained that it would be approximately 35' from the roadway. Sabart concluded by stating that the County may be able to acquire ROW, on the City's behalf. Those costs were not included. ADMINISTRATOR REPORTS Initiative Foundation: Weyrens stated that, in the past, the City has contributed to the Initiative Foundation in the amount of $1,500. They have funded projects in the past such as organizing the Healthy Community Partnership and the start-up of the Farmers' Market. The City has also received some small grant monies from the Foundation. Frank made a motion to authorize payment in the amount of $1,500 to the Initiative Foundation. The motion was seconded by Wick and passed unanimously. Comprehensive Plan Amendment: Weyrens advised the Council that, during the site plan review for Cone Castle, staff discovered that the Comprehensive Plan needs to be amended. The Comprehensive Plan shows the property along Birch Street W as General Business. In the General Business District, a drive thru would not be allowed. All of the other properties along the alley are guided for Hwy Business and they would like to develop as Hwy Business as well. Weyrens added that there is another property along CR133 that is zoned as Industrial and should be zoned Hwy Business. Wick made a motion to set a public hearing for the amendment of the Comprehensive Plan. The motion was seconded by Frank. Discussion: Loso questioned whether we are changing the Comprehensive Plan to accommodate a proposed development. Weyrens replied that the proposed development did bring this to light; but it would make sense to amend the plan due to the fact that this type of use would be more consistent with the area. The developer is looking to have a drive -thru and that is not allowed based on the current zoning. According to Wick, the car wash is currently operating as a drive - thru and stated that this must have been missed. The motion passed unanimously. Cone Castle: Weyrens explained to the Council that the proposed developer [Cone Castle] will need to go through three hearing processes: Comprehensive Plan Amendment, Rezoning & Special Use. She stated that staff is looking for the authority to not impose every fee since some of the duties can be combined. There will be two legal notices and one meeting. Frank made a motion to authorize staff to combine planning fees for Cone Castle. The motion was seconded by Wick and passed unanimously. St. Benedict Sewer Use: Jovanovich reported that the College of St. Benedict has accepted the agreement with the changes that were made at the last meeting. They have agreed to pay the 2010 sewer bill in the amount of $257,000. He stated that 2010 will be the transition year and the bill may need to be adjusted. Under the new agreement, the method of payment is different. Under the old agreement, they were billed for 45% of the total sewer charges. The City will keep track of their usage for 2011 and, at the end of the year, a daily average will be calculated and the City will re- compute the sewer use charges for 2010. If their daily average is 45% of the total, there would be no adjustment. If the daily average is less than 45 %, we would refund them, in the form of a credit and if the daily average is greater than 45 %, they would be billed for the additional usage. Loso questioned whether those costs include St. Cloud costs to which he was advised they do. Weyrens advised the Council that they will bring back a final copy for execution. Loso questioned whether staff has numbers yet to which Weyrens explained that the numbers are skewed right now, as a result of drainage. Thene will bring back numbers at the next meeting. Cable Upgrade: Schultz advised the Council that what they approved, at the last meeting, was not accurate as there is one more component needed to make the others work. They had to add the April 7, 2011 Page 6 of 7 cablecast system. He stated that they need to authorize payment in the amount of $10,762.16. It was stated that the PEG access fee account is short that amount; however, Bartlett stated that funds can be transferred from the General Fund. The General Fund can then be reimbursed at the end of the year with the PEG access fees that are collected. Wick made a motion to move forward with the final bid as presented. The motion was seconded by Frank. Discussion: Frank expressed that he feels a little queasy only having one bid. In terms of fairness, he would like to see two bids. Loso stated that they were led to believe that there was no other company that could do this type of work, and now they find out that there is another local company that can provide the service. Symanietz questioned whether the information was available online for other companies to see. Schultz advised the Council that the City followed the State Statute for multiple bids. Schultz added that if the project cost is less than $75,000, multiple bids are not needed. Jovanovich stated that $75,000 is the trigger point for bidding. He stated that anything over $25,000 requires that quotes be requested; however, at $75,000 they must submit sealed bids. Loso feels that the City could get the system upgraded for much less using the existing equipment and simply tying the system into the network. Wick questioned whether the cablecast system will allow the City to broadcast its meetings over the internet to which Weyrens stated it will not. The cablecast system is simply for the bulletin board. Frank stated that he would like to get a second quote. Weyrens questioned the Council as to whether or not they want a second quote or whether they want staff to contact Cybermation. Loso made a motion to table the approval of the cable upgrade until the next meeting, requesting a second quote. Discussion: Weyrens clarified that they want a second quote to include sound, video, tightrope [or similar product] and training. She stated that two weeks is not enough time to gather that information as we have no design information available and we are unable to use the other vendor's design work. The motion was seconded by Frank. Ayes: Loso, Frank Nays: Schultz, Wick, Symanietz Motion failed 2:3:0 Original Motion: Wick made a motion to move forward with the final bid as presented. The motion was seconded by Frank. Ayes: Schultz, Wick, Symanietz, Frank Nays: Loso Motion carried 4:1:0 MAYOR REPORTS Town /Gown: Schultz reported that he spoke with Terhaar at the College of St. Benedict and was advised that they are looking to become a member of the International Town /Gown Organization. He added that if they become a member, the College is requesting that the City become a member as well. Schultz stated that he would like to attend the event to see what the benefits would be for the City. Planning Commission: Mayor Schultz advised the Council that the Planning Commission recently met and recommended Council approval of the creation of TIF District 2 -2. Matt Glaesman was present at the meeting to discuss sustainability. COUNCIL REPORTS SYMANIETZ — No Report WICK April 7, 2011 Page 7 of 7 EDA: Wick reported that the EDA met and had a busy meeting. He stated that they discussed several items and there are more exciting items coming to the Council on the 21st. LOSO Park Board: Loso stated that the Park Board met on March 28. He advised the Council that there were some students [SIFE — Students in Free Enterprise) present and they stated that they will be planting ten crabapple trees in Kleinfelter Park. This is an adhoc group at the College. Weyrens added that Allied Waste will be contributing $500 towards the project. Loso also advised the Council that the Park Board is once again discussing the idea of constructing permanent restrooms at Kleinfelter Park. APO: Loso reported that he attended the APO meeting at which they discussed the 2011 Road Project Plan. The details of this plan have been outlined in the St. Cloud Times. Rec Association: Loso stated that the Rec Association recently met as well. They have organized a cleanup on April 16 beginning at 9AM at the softball field. Schultz stated that he has a contact from St. John's University that is looking to help with the City cleanup. FRANK EDA: Frank stated that he also attended the EDA meeting. He stated that a meeting will be held at Kennedy School for the Farm to Provider Initiative. Wick added that the date has not yet been set. Intergovernmental Meeting: Frank stated that the St. Cloud Area Cities recently met. Dave Gruenes spoke again to all of the cities regarding the Partnership. They also discussed the initiatives of the various chamber groups. Compost Site: Weyrens advised the Council that the compost site will open on April 22 and permits will be available at City Hall. Frank stated that he understands that the Council voted to longer offer St. Wendel residents the opportunity to use the compost site. He questioned if there was any way that the City could reconsider that decision and allow the St. Wendel residents to use the compost site for this year. Weyrens spoke to a representative from the Township and discussed the possibility of the City and the two Townships working together to find a regional compost site. She stated that she has not yet heard back from the St. Wendel Township. Schultz stated that he is not sure what the residents of St. Wendel will do with their compost. Adjourn: Wick made a motion to adjourn; seconded by Loso and passed unanimously C�4 1� udy V eyyrens dministrator THIS PAGE INTENTIONALLY LEFT BLANK