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HomeMy WebLinkAbout2011 [11] Nov 17 November 17, 2011 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 17, 2011 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 Finance Director Lori Bartlett, Public Works Director Terry Thene, Police Chief Pete Jansky and City Engineer Randy Sabart Others Present: Thomasette Scheeler, Kara Hennes, Tom Klein, Michael McDonald, Jeff Bertram, Jeff Gruenwald, Amy Kalenda. PUBLIC COMMENTS St Joseph Chamber of Commerce approached the Council with a donation of $1,000 for holiday decorations. Weyrens formally thanked the Jaycees as well for their $1000 donation toward holiday decorations. She stated the Chamber of Commerce, Jaycees and the City have pledged $5000 each over 5 years for holiday decorations. Symanietz made a motion accepting the $1,000 donation from the Chamber of Commerce for holiday decorations. The motion was seconded by Wick and passed unanimously. Approve Agenda: Loso made a motion to add the following to the agenda: 10 (a). Closed meeting to discuss the potential purchase of ROW for trail extension. ll The motion was seconded by and passed unanimously. Consent Agenda: Wick made a motion to approve the consent agenda as follows: a. Minutes — Approve the minutes of October 17, 2011 and October 20, 2011 b. Bills Payable — Approve the check numbers 044695 - 044751 and EFT # 000605 - 000609 (payroll) and EFT #001556 - 001558 (Accounts Payable) c. Treasurer Report — Accept the October Treasurer's Report The motion was seconded by Loso and passed unanimously. CITY ENGINEER REPORTS Transportation Enhancement Funding: City Engineer Randy Sabart presented the Council with information regarding Transportation Enhancement Funding, which is one source of federal grant dollars. The project that had been considered by the Council would have been a component to the County Road 2 Trail. There were three phases of the County Road 2 Trail. The section from Country Road 2 to County Road 3 is being worked on currently. The Council delayed the portion to connect from the trail in town to Minnesota Street and the west extension to County Road 51. The City could make an application for phase three in an enhancement application to the APO. Pre Application deadline is due tomorrow, November 18, 2011, to the APO. Staff had prepared the pre - application for the County Road 2 Pedestrian Trail. The pre - application does not commit the City. The full application is due in January, but to preserve the ability to apply we would need to submit the pre - application. Loso questioned what the pre- application is determining. Sabart stated it is a screening application to make sure the projects meet the minimum requirements and projects are not compared or contrasted at this stage. Wick made a motion authorizing staff to submit the pre - application seeking grant funding through the Transportation Enhancement Fund for the possible expansion of the County Road 2 Trail November 17, 2011 Page 2 of 6 extending from Minnesota Street West to the new County Road 2 alignment and east to County Road 51. The motion was seconded by Frank and passed unanimously. Transportation Study Update: Sabart reported that the Transportation Study Group recently met to review the alternatives for updating the transportation plan. The committee looked at three alternatives starting with a minimalist approach, updating key figures that would update the maps to include the resolved corridor studies, such as Field Street and the West Metro corridor. The St. Cloud APO would help with the study process. The other options include a much more detailed analysis. Option 1 does not include reviewing and updating road classifications which will impact 4 Avenue SE and 12 Avenue SE. The City can add the detailed analysis and the updating of the APO traffic model would be used to assist this portion. Frank stated that he does not quite understand the differences between the three options as they range from $ 10,000, $ 23,000 and $ 40,000. The difference between option 1 and option 2 would be option 1 was more of a mapping exercise and option 2 would include the narrative portion. Wick stated the staff uses the maps and it is an issue if we don't address the classifications. Wick was concerned that the options are from engineering perspective, not from the residents' standpoint. Sabart stated the original plan included a series of open houses and public input. That type of effort was not captured in option 1 which was more of a mapping and transportation modeling system. Loso stated we are not out to reinvent the wheel. He stated the important task is to identify correctly the main road functions in the City. Sabart stated the classifications are standard as far as definitions; it is how they fit the community. Schultz stated that the Transportation Committee did not feel that many changes needed to be made and the updating was more of a mapping exercise. He questioned Sabart if there is a fourth option that would include reviewing the classifications. Sabart stated people are creatures of habit; they will use the street that is closest. He states evaluating the map at the same times as reviewing classifications makes more sense than doing each separately as they go together. Sabart informed the Council that the APO has already started the modeling, updating to 2035 traffic projections. Sabart will look at the analysis again with his staff and come back with an alternate proposal. Loso stated the streets are what they are and the analysis needs to be based on what we have now and 12 Avenue was designed to go all the way to Jade Road. One little narrow section changed because of politics of the time. Schultz stated it would be more important to see what the new proposal would be. He believes the transportation committee would not mind doing a little additional work. Wick stated the Committee can be notified that the Council discussed adding a minor scope of work to the minimalist approach and ask them if the feel they need to meet or not. Wick made a motion to table the Transportation Plan Update until the next meeting in which Engineer Sabart will come back with an alternate proposal. The motion was seconded by Frank. Ayes: Schultz, Wick, Symanietz, Frank Nays: Loso Motion Carried 4:1:0 CR 2 Re- alignment Update: Engineer Sabart stated Stearns County has gained title to the County Road 2 Corridor Right Of Way. The hearing for compensation is ongoing and may not be resolved until spring. But from the County perspective, they feel they can move forward with bidding. Stearns County needs direction to know if it is the Council's desire to move forward with the trail and advertise for bids. The City has a small amount of Right Of Way that would have to be negotiated with property owners. The City's portion will be bid as an alternate, so they would have the ability to add or remove plans from the documents. Loso made a motion to request the County Engineer to include the construction of a separated trail along the CR 2 Re- alignment as part of the construction documents. The trail should be bid November 17, 2011 Page 3 of 6 as an alternate allowing the City the ability to determine if the construction costs are feasible. The motion was seconded by Wick and passed unanimously. PLANNING COMMISSION Ordinance Amendments - Business District: Weyrens stated that the Planning Commission recently conducted a public hearing on the proposed amendment to the Commercial Zoning Districts to allow Drive thru businesses as permitted uses. The proposed amendment for the B1 zoning district also included removal of the provision requiring Planning Commission approval of landscaping and building material prior to issuance of a building permit. The Planning Commission indicated that in a time when people are looking for convenience a drive thru is necessary. The only reason a special use permit was required for drive -thru business in B2 and B3 was to manage the pedestrian and vehicular movements. The B1 zoning district did not allow for drive thru as the district is considered pedestrian and it did not seem to be applicable in this district. The B1 zoning district included a contradiction — under the development plan process a developer did not need to secure Planning Commission approval for landscape and building material if the use is consistent with the zoning district. However, under other provisions, Planning Commission approval is stated as required for landscaping and building material. The proposed amendment resolves this conflict. Wick made a motion to authorize execution of resolution 2011 -025 accepting the recommendation of the Planning Commission amending ordinances 52.31, 52.32, 52.33. The motion was seconded by Symanietz. Discussion: Frank stated his concern with regards to residential properties next to the drive thru areas. Weyrens stated that there is a buffer between the properties if commercial abuts residential property. The motion passed unanimously. Wick made a motion to authorize execution of Resolution 2011 -26 allowing for summary publication for the amendment of ordinances 52.31, 52.32, and 52.33. The motion was seconded by Frank and passed unanimously. Ordinance Amendment — 52.21 RI Rental Provision: Weyrens stated that the Planning Commission recently conducted a public hearing to consider an amendment to include a provision that allows for non - owner occupied rental for those serving in the Military. The State of MN enacted legislation that allowed those serving in the Armed Forces on active duty or deployed to retain homestead credit on their homes. Since the legislature made an exception regarding homesteading the City has the ability to follow along and allow non -owner occupied rental, allowing for an exclusion of the Ordinance for a specific sector. The Planning Commission recommended the City Council approve the amendment to Ordinance 52.27 to include a provision for non -owner occupied rental in an R1 Zoning District provided the property owner is serving in the Armed Forces and is deployed or serving active duty. Schultz stated that the current rental provisions are extremely stringent and he has been approached by the St. Cloud Realtors Association to reconsider the current regulations. They have stated that the landscape for housing has changed and property owners are facing hardships by not being able to rent their homes. Schultz stated he is looking at establishing a committee to look at the Ordinance to see if modifications need to be made to the Ordinance. He suggested that this group consisting of a member from the City Council, Planning Commission, a realtor, and a person of the community. The group would collaborate and come back to the Planning Commission with a recommendation. Frank states that he believes in very stringent regulations in Single Family zoning districts. He stated we have tried to accommodate rental units. Frank believes people who have purchased homes are expecting a certain lifestyle. He questions the term "active duty" and what does that mean and it is not his intent to narrowing the • November 17, 2011 Page 4 of 6 provision. Wick clarifies that the Council should wait to get a definition of "active duty" before voting since the definition would need to be introduced at a public hearing. Wick made a motion to table amending Ordinance 52.27 until the Council is provided with a definition of active duty. The motion was seconded by Schultz. Ayes: Schultz, Wick, Symanietz, Frank. Nays: Loso Motion Carried 4:1:0 Ordinance Amendment — Parking Front Lawn /Parking Pad: Schultz stated that the Planning Commission recently discussed parking on front lawns as requested by the City Council. They expressed frustration as twice before they have recommended a solution to the City Council only to have it denied. Schultz stated that the Council needs to provide direction as to what they are looking for in an amendment so that the Planning Commission can put closure to this matter. Loso stated that he is uncertain about adding regulations for parking in yards as not everyone has an alley to access their backyards. The original townsite has small setbacks and it is not possible to access the back yards so residents have used the front yard. He further stated that it is his opinion that restricting the use of residential property is not user friendly nor is it consistent with the needs of residents. Many people have recreation vehicles that are parked outside and if restrictions are imposed they will be subject to fines. Frank stated he perceives a clash two competing values. Some people feel it is my property and I should be able to do what I want. Many people do want the ordinance stating they don't want to look at cars or RV's in neighbor's yards. Residents feel, right or wrong, that it detracts from their value or view. He stated that he would oppose sending this back to the Planning Commission for consideration. Schultz questioned Police Chief Jansky, as it stands today, is the ordinance enforceable? Chief Jansky stated the ordinance is too vague. He cannot enforce it until there is a definition for parking pads. He stated that people put crushed rock down and as time passes the grass has grown through. Is it a parking pad or grass? We need a definition of what a parking pad is, not necessarily where a parking pad is but what material it is. Loso stated the argument years ago was about students parking on the front yards of rental properties. No parking in the front yard could be an option. Chief Jansky stated he is looking for a clear direction from the Council. He will enforce what the council decides as long as it is clearly defined and enforceable. The Council agreed to discuss this further at a work session and not refer the matter back to the Planning Commission. Symanietz requested of staff to get comparisons from other cities. Frank added to that with asking if the different cities can be compared and broke down so the comparison is made simple. Ordinance Amendment — Variance Provisions: Weyrens stated that the Planning Commission conducted a public hearing to consider amending the provisions for granting variances. The amendment is needed to update the existing Ordinance to mirror the current MN Statute. Recent legislative actions have necessitated this change, with the amendment the City is in violation of State Law. Loso made a motion to authorize execution of resolution 20011 -027 accepting the recommendation amending Ordinance 52.07, variances. The motion was seconded by Wick and passed unanimously. Schultz made a motion to authorize execution of resolution 2011 -028 authorizing summary publication for the amendment of ordinance 52.07. The motion was seconded by Wick and passed unanimously. Refuse Bids: Weyrens stated that the city solicited bids for refuse service in October and mailed notices to the following vendors: Allied Waste, West Central Sanitation, Waste Management, Affordable Disposal and Bueckers Sanitation. Four of the vendors submitted a bid for consideration with the lowest two November 17, 2011 Page 5 of 6 bidders Allied Waste and West Central Sanitation. Both vendors offer similar services with Allied adding a recycle bank program that has a separate fee. . Frank stated that he was asked again by some residents if the City would go back to the bag system; however he noticed that none of the haulers offered such. He believes the criteria for awarding is price, single sort recycling, two city wide pick up dates, appliance, and Christmas tree pick up. Allied waste is also starting pick up of electronics. If you look at price, they are the cheaper bid. Refuse bid is one of the most competitive, bitterly fought in nearly every City. Allied has been the vendor for a long time and in his opinion they have served the City professionally delivering the service they bid. Frank stated that the only complaint has received is that with points through the recycle bank program but it is his understanding that those issues have been resolved. Schultz questioned if the City is comparing the bids as one vendor has the advantage of establishing their recycling program through an additional fee that was charged. If that amount is removed, the bidding results may change. Frank expressed frustration with last minute information presented by one of the vendors and again stated that the contract is about economic value. Loso stated garbage is garbage; personally he does not care about the points and the bid should be awarded on the lowest bid. In addition, with Allied offering to add an Electronic recycling pickup twice a year, that is a large advantage creating a larger gap in the bid tabulation. Loso made a motion to authorize execution of the refuse contract between the City of St. Joseph and Allied Waste for the period January 1, 2012 through December 31, 2014, accepting the service to include Recycle Bank. The motion was seconded by Symanietz and passed unanimously. ADMINISTRATIVE REPORTS Purchase of Property — 35 College Avenue N: Weyrens reported that the City was successful in coming to terms with the Credit Union to purchase the building at 35 College Avenue North. The Credit Union agreed to pay the assessments with the City agreeing to pay $110,000 plus half of the closing costs. . Schultz made a motion to authorize the purchase of the property at 35 College Avenue North in the amount of $110,000 plus closing costs. The motion was seconded by Loso. Discussion: Frank stated because of the necessity of closed meetings regarding this purchase, he would like to have a brief discussion of what might occur with this property. Wick stated the facility committee met a couple of times to talk about what this building can be used for. A community center and city offices are an option that has been considered. The Council decided the City Hall should be downtown. The City has a designated fund whereby those funds can only be used for the design of a community center. It is the recommendation of the facilities committee that the City authorize the solicitation of bids for architectural design services. The RFP would request vendors to provide a concept of how they would utilize the property knowing that the components need to include the current City functions and a community center to seat between 200 -300 people. Schultz stated that the City could consider leasing the space until the time at which the City is ready to move forward with a construction project. Frank thanked Schultz, Wick, Symanietz, Weyrens and Bartlett for doing a great job obtaining this property. He stated originally the offer to the city was for a couple hundred thousand, and then the original bid price was $130,000. With the purchase of the building the city gets all the contents, there are no clauses so the city can lease the building, or use it for other opportunities. Frank states he believes that they did a great job looking down the road and looking towards the needs and opportunities of the future at a very good purchase price. November 17, 2011 Page Weyrens clarified that purchase of the facility will be funded with Sales Tax revenue as a community center was one of the eligible expenditures. If for some reason the property owned by the City, including the existing property, is not designed to include a community center the sales tax funds will be restored. The motion passed unanimously. Loso made a motion to authorize the Facility Committee to solicit RFP's for design services of a City campus center to include a community center, interviewing the same and providing a recommendation for hire to the City Council. The design services will be funded through the special Recreation Fund. The motion was seconded by Frank and passed unanimously. MAYOR REPORTS Board and Commission Minutes: Mayor Schultz requested that the packets include all boards and commissions minutes to expand communication. APO Executive Committee: The APO executive committee is making a recommendation to the full board that the entire surplus federal funding $601,000 be reprogrammed to the Beaver Island Trail. Two staff members have submitted their resignation form the APO and the personnel committee of the APO will be meeting to discuss options for filling the 2.5 staff positions. The resignations came from Cathryn Hansen and Michelle Muesser. Mayors Breakfast: Schultz met Greg Hall, owner of DSI American Manufacturing at the Mayor's prayer breakfast. It was at this meeting that he discovered that this company produced the parts to fee the miners trapped in Chile. DSI American Manufacturing is growing and has increased employees from 8 to 40 and has offered to provide tours of his facility. Weyrens stated the invitation has been received and the dates provided are December 7 or December 8th State Legislature: There has been a joint committee formed to study LGA with the hopes of revising the formula to establish a need based system rather than the current modified grandfather system. COUNCIL REPORTS FRANK Bus Transportation Committee: Frank reported that he attended the ad hoc transportation committee meeting at which time it was confirmed that the existing two day a week bus service would be discontinuing. In spite of funding from the Lions, City, Monastery, Tri Cap and MN Department the economic conditions don't allow for continued funding. The ridership has gone from 1.3 to 1.9 from the previous year. The bus service will be changing to a one trip per week schedule which will not be as convenient. LOSO — No Report WICK EDA: Moved meeting from November 23 to November 30 for the EDA Meeting. SYMANIETZ — No Report Adjourn: Wick made a motion to adjourn to a closed session at 8:45PM; seconded by Loso and passed unanimously. 4 udy eyrens • nistrator