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HomeMy WebLinkAbout2012 [03] Mar 15 March 15, 2012 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, March 15, 2012 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Rick Schultz. Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso. City Administrator Judy Weyrens. City Representatives Present: City Engineer Randy Sabart, Police Chief Pete Jansky, Finance Director Lori Bartlett, Public Works Director Terry Thene. Others Present: Monte Eastvold, Jodi Terhaar, Rich Schwegel, Pat Schneider, Ellen Wahlstrom, Nancy Notch Approve Agenda: Frank made a motion to approve the agenda with the following changes: 4 (a) — Delete 4 (c) — Remove from consent agenda 11 (d) — Add Winter Parking 11 (e) — Add Grant Administrator The motion was seconded by Schultz and passed unanimously. Consent Agenda: Wick made a motion to approve the consent agenda as amended and follows: a. Deleted. b. Bills Payable — Requested Action: Approve check numbers 045127 - 045177, payroll EFT # 000649 - 000653 and accounts payable EFT #001568 - 001570. c. Removed for Discussion d. Treasurer's Report — Requested Action: Accept the February 2012 Treasurer's Report. e. Transfers — Requested Action: Authorize the budgeted 2012 Transfers The motion was seconded by Loso and passed unanimously. Gambling Premise Permit: Frank stated that he requested to remove the premise permit application to question the portion of the application when the percentage is listed as 0 to 20 %. Weyrens stated that the portion of the application referred to by Frank relates to the booth rent and not the contribution received by the City. Frank made a motion to approve the Premise Permit for the Central MN Sexual Assault center to conduct lawful gambling at 21 Minnesota Street West. The motion was seconded by Symanietz and passed unanimously. Outdoor Liquor Events: Weyrens stated that similar to past years, the City has received two outdoor liquor applications, one for the Church of St. Joseph and one for Sal's Bar. The Ordinance includes a provision whereby each license holder can apply for one extended outdoor event per year. The extended outdoor liquor permit allows music and alcohol to be sold /consumed until midnight rather than 9:30 PM and requires published and mailed notice. Weyrens stated that notices have been mailed and no comments were received. Rich Schwegel approached Council on behalf of the St. Joseph Parish. He stated that the Church is seeking approval to conduct outside liquor sales in conjunction with the annual 3' of July concert. The event is the same as in past years with the exception of Bobby Vee. The concert committee has hired a band entitled Liverpool Legends which is band which looks and sounds like the Beatles. Frank questioned if the Church anticipates a different or smaller crowd this year. Schwegel stated that typically the larger crowds occur when the 3` of July falls on a week night. People generally have to work the day before and the day after and stay in town. The band selected the concert committee is a known band and they expect a similar type crowd. Since the event does not have to schedule around mass times, the concert is scheduled to start at 6:00 PM. For the past six years the Church has offered hotel March 15, 2012 Page 2 of 6 accommodations to residents that are impacted directly by the noise and activity and to this date no one has ever requested accommodations. The Mayor opened the public hearing and with no one wishing to speak, the hearing was closed at 7:10 PM. Loso made a motion to approve the temporary outdoor liquor permit for the Church of St. Joseph for the period July 2 through July 4 and to grant the street closure of a portion of College Avenue on July 3 and a portion of Minnesota Street on July 4, 2012. The motion was seconded by Symanietz and passed unanimously. The second outdoor event is for the College /University of St. Benedict/St. John's for senior farewell. Jodi Terhaar, CSB Dean of Students approached the Council on behalf of the schools. She stated that for the past several years the College has partnered with the City and Sal's Bar to provide a safe environment for the students to say goodbye after the bars close on graduation weekend. Sal's Bar provides an outside beer garden and at 1:00 PM the College uses the area to provide pizza and pop for the seniors. This event provides a controlled atmosphere for the students to say there farewells have held the same event for the past several years. Partnership with the City, College and Sal's Bar. Provides an opportunity for students to say farewell in a controlled atmosphere. Loso made a motion to approve the outdoor liquor event for Sal's Bar for Senior Farewell to be held on May 11, 2012. The motion was seconded by Wick and passed unanimously. Bond Refunding: Monte Eastvold, Northland Securities, approached the Council to discuss the refunding of the water revenue bond. Eastvold stated that the City issued two bonds, one in 005 and the seconded in 2006 to finance the water filtration plant. The average coupon rate of the existings bonds is 4.13% while the average interest rate of the refunded issue would be 2.3266 %. At a previous Council meeting the Council authorized the Mayor and Administrator to lock into a favorable rate. Eastvold stated that rates have begun to decline and the City has since locked in the interest rates. Based new interest rate, the City will realize a net savings of approximately $ 366,766. MN Statutes require a 3% savings test before refinancing and the City is actually saving 6.055 %. Eastvold presented the revised financial summary and stated that in order to attract investors, the bond is being offered at a premium and the interest rate is inflated a total of $ 53,112.62, which is paid by Northland Securities. Bonds must carry an interest rate of at least 2% in order to attract investors and that was not the case with current issue; hence, the premium. Eastvold stated that the current bond issue was rated by Standards and Poor and they reaffirmed the A+ rating. He stated that this is a good rating for a City the size of St. Joseph and the documents indicate the rating is based on the sound financial practices of the City. When reviewing the City debt, the debt is declining and drops significantly rather than increasing. Wick made a motion authorizing the Mayor and Administrator to execute Resolution 2012 -005 providing for the issuance and sale of $ 4,885,000 General Obligation Water Revenue Crossover Bonds. The motion was seconded by Loso and passed unanimously. Wick made a motion to authorize the Mayor and Administrator to execute a selling the bonds to Northland Securities. The motion was seconded by Symanietz and passed unanimously. City Engineer /Public Works Director Report Root Foaming: Public Works Director Terry Thene requested authorization to roof roam approximately 3,230 feet of clay sewer pipes. The sections proposed for treatment include 4th and 5th Avenue between Able Street and East Baker Street and College Avenue between Date Street and Elm Street. The anticipated cost is $ 5,135.70 and was included in the 2012 budget. Thene stated the City contracted for March 15, 2012 Page 3 of 6 8,398 of root foaming in 2011 and the company will also re -treat this area at no cost to the City. After the original application the process did not prove to have positive results so they can back and re- applied and after this treatment it appeared as the process was working. To assure the matter is resolved they have agreed to re -treat a second time. Loso made a authorizing the expenditures of $ 5,135.70 to Dukes Root Control for root foaming the utilities lines described above. The motion was seconded by Frank and passed unanimously. Excess ROW: Weyrens reported that the City has been approached by a resident east of 12 Avenue about the excess property owned by the City and if the City has a purpose for the property. City Engineer Randy Sabart stated that when the City purchased the ROW for 12 Avenue, the City was required to purchase the entire property from one of the property owners, leaving excess property behind the first three properties east of 12 Avenue. Staff has reviewed the excess property and it does not have access and is not developable. When questioned who maintains the property, Public Works Director Terry Thene stated that the property owners have been maintaining and using their property was their own. A portion of the property is utilized for storm water storage. By consensus the Council agreed that staff should meet with the affected property owners to determine their interest in the property and report back to the Council. Special Use Permit, Four Square Investments: Weyrens reported that the Planning Commission conducted a public hearing to consider issuance of a special use permit to allow a used vehicle operation at 414 Count Road 75. The Planning Commission conducted the public hearing on February 6 and tabled action until March 5 to gather additional data. The City has previously issued a special use permit for North Country Trailer Sales, but their use has ceased for over one year and the property owner is seeking another vendor. The Planning Commission unanimously recommended approval of the special use permit with the following conditions: 1) All parking must be on paved area or the areas must be paved within two years; 2) area not currently paved, but used for parking during the two year period must be either class 2 or class 5 material; 3) banners and streamers are prohibited; 4) the property owner will verify the lighting does not exceed ordinance requirements; 4) automotive services will not be available to the general public; 5) a new gate will be installed that is dense and lockable; 6) additional landscaping will be completed on the southwest corner. Nancy Notch spoke in opposition to the proposed special use permit. She stated that in her opinion the past tenants have not been compatible with the neighborhood and she fears for safety and that of her grandchildren. Loso stated that he does not agree with the recommendation of the Planning providing two years to pave the parking areas. He stated that the past tenant has already been afforded that relief and new tenants cannot keep coming back for extensions as it will have the impact of setting precedence. Frank questioned if the City could limit or prohibit car dealerships. Weyrens stated the Ordinance specifically states that Automotive Sales are permitted through the issuance of a special use permit. Therefore, it cannot be prohibited unless the Ordinance is changed. Frank stated that there are many other uses for the property and perhaps the City should focus on redeveloping the property. Schultz questioned the buffer between the neighborhoods at which the Council discussed if the parking could be moved to the front of the property or limit the parking from the street to the building on the 8 Avenue property line. Loso made a motion to table action on the special use to April 5, 2012 so that the findings of fact could be modified based on the discussion of the City Council; seconded by Wick and passed unanimously. March 15, 2012 Page 4 of 6 Villages at CSB: Weyrens stated the Planning Commission conducted a public hearing on March 5 to consider the request of Collegeville Communities to develop an age restricted housing development adjacent to Callaway Street. The Planning Commission and Council previously reviewed a concept plan and recommended a number of changes. The matter before the Council at this time is preliminary plat entitled Villages at CSB, PUD and Rezoning from Agricultural to R4 Townhome. Peter Gillitzer spoke on behalf of Collegeville Communities. He stated that the preliminary plat has been re- designed to limit access to Callaway Street. The proposed plat has one access point to Callaway with a drive or cul -de -sac. The road will meet the City standards and have a narrow boulevard dividing one- way traffic around the drive. The project will include patio homes, row homes and a eight (8) unit care facility with care services. Los questioned if the proposed development meets the setback regulations, to which Gillitzer stated they do not. He clarified that the site is restricted if the City will not allow a private street, so widening the street and changing the access to Callaway has resulted in a number of lots encroaching the front yard setback; however, all of the garages are set back so that they will accommodate vehicles parking in the driveways. The additional easements in the front yard also provide additional front yard. When questioned about the utilities and streets in relation to phasing, Sabart responded that the first phase of the road will include a temporary cul-de-sac for fire safety and turnaround. The Planning Commission discussed the utility locations and required that private utilities, such as cable, cannot be located in the same easement as the public utilities. Therefore, the public utilities will be placed in the easement along Callaway and the private utilities will be installed in the front yard easement. Loso made a motion to rezone the parcel to be developed as the Villages at CSB from the current Agricultural to R4, Townhome. The motion was seconded by Frank and passed unanimously. Schultz made a motion to approve the preliminary plat entitled Villages at CSB and the PUD; seconded by Wick and passed unanimously. Electronic Score Board — Loso reported that the Park Board discussed the financing of the proposed scoreboard for Schneider Fields. The Park Board recommended City Council approval of financial supporting the sign by contributing $ 7,500 from sales tax revenue and $ 7,500 from Park Dedication Fees. The Park Board stated that while the master park plan does not indicate that Schneider Fields is a regional park, in their opinion if functions as one and sales tax funding should be allocated. Loso stated that he does not share the same sentiment as the Park Board. The City commissioned SEH to develop and prepare a master park plan. Their expertise along with input from the City classified all the parks and identified which parks serve a regional purpose. This report does not indicate that Schneider Field is a regional park. In addition, he does not feel it was the intent to use sales tax funds for a sign and questioned if the City starts allocating revenue for signs, what happens to the integrity of the sales tax. Symanietz agreed with Loso and stated that using the tax revenue for a sign is diluting the intent of the voters. With regard to park classification, she stated that the City and Park Board were involved in the process and public input and hearings were scheduled; therefore she does not support changing classifications of the park based on a funding request. Frank stated that in recent meetings with the area Cities, the definition of regional has surfaced and it appears as the definition of regional is not definitive and Cities has used broad discretion for this purpose. Schulz and Loso concurred and stated the even utilizing the Legislative House Research department will not provide a definition. Loso made a motion to authorize the use of $ 7,500 of park dedication fees for the purchase and installation of the sign. The balance of funds must be raised and received before the City expends the allocated funds or the sign is ordered. The motion was seconded by Symanietz and carried unanimously. March 15, 2012 Page 5 of 6 . Pat Schneider approached the Council and expressed frustration. He stated that he appeared before the Council in June 2011 to propose a quality sign of significant size. At that time he was told to solicit donations and come back to the Council. The Park Board was going to look at the definition of regional and to the best of his knowledge they have yet to complete the task. He stated the park hosts 40/50 games which brings visitors to the City. While he could consider a smaller sign, it would not have the innings listed and not be the quality the park should have. Wick stated that he researched scoreboard signs and found a number of signs that were smaller and fit within the budget. He questioned the need to have each inning listed separately. Schneider responded that he could get a smaller sign, but prefers to install the larger sign. Most teams in their leagues have such signs and that is what he is requesting. Equity Designations: Finance Director Lori Bartlett presented the Council with the final equity designations which are required by accounting standards. The City is required to designate all the funds into one of the following categories: non - spendable, restricted, committed, assigned and unassigned. Schultz made a motion to accept the equity designations as presented; seconded by Loso and passed unanimously. Administrator Reports Insurance Reimbursement: Weyrens reported that the City received a refund from the employee health insurance company based on the low claims. The refund is approximately $ 5,000 and Weyrens questioned how the Council wished to proceed as the premiums are cost shared by the City and employee. By consensus the Council agreed to place the refund in the general fund for the time being. Website Update: Weyrens stated that she has been in contact with three different website vendors for the potential update of the City Website. If the City continues with Gov Office, the updating of the current site is approximately $ 4,200, moving forward with the company used by the City of Sartell is $ 50.00 per hour and the anticipated cost is $ 4000 - $ 5000, moving forward with Civic Plus ranges from the basic $ 4,800 to the full feature at $ 18,000. Civic Plus is the preferred vendor as their sites are easy to use and well organized. Civic Plus would expand the features currently available on the website and it could be developed incrementally. Schulz stated that he has had the opportunity to be part of the initial discussion with Civic Plus and concurs they are the preferred vendor. The website can be paid through utilization of stock proceeds from principal or the refuse fund. Wick made a motion to authorize execution of a contract with Civic Plus to design the City Website using the premium services. The motion was seconded by Frank and passed unanimously. 35 College Avenue North: Weyrens questioned the Council on the intent of the recently purchased credit union building as if the building is not be demolished some maintenance will be needed. The Council discussed that they are in the early planning stages and not sure what the intent is. Loso stated it was his intent to demolish the building. Weyrens stated that the City can either try and auction items in the building and then demolish or sell the building for demolition as is. By consensus the Council authorized Weyrens to solicit bids for demolition. Snow Removal — Parking Ban: Frank stated that based on the weather forecast for the next 10 days it does not appear that snow plows will be needed; therefore, Frank made a motion to lift the winter parking ban effectively immediately; seconded by Symanietz. Ayes: Schultz, Wick, Symanietz, Frank Nays: Loso Motion Carried 4:1:0 Grant Administrator: Weyrens stated that she was contacted by the Minnesota Street Market regarding a grant the Co -op is seeking to hire a consult to increase market share. The Initiative Foundation can provide up to $ 5,000 in grant funds for the purpose of hiring a consultant; however, the funds can only be secured by a 501 3(c) organization. The Minnesota Market does not meet the requirements but in talking to the Initiative Foundation the City could serve as the grant administrator. Weyrens stated that the City a March 15, 2012 Page 6 of 6 similar action for the Farmer's Market. She stated that she questioned the Auditors about the legality of being the grant administrator to which they responded it is not uncommon for a City to serve as a conduit. Wick made a motion to authorize the City to serve as the financial agent for the Minnesota Street Market for the purpose of securing a grant from the Initiative Foundation to hire a consultant. The motion was seconded by Symanietz and passed unanimously. Mayor Reports APO: The St. Cloud APO will not be meeting in March and April and is working on establishing a Transportation Advisory Committee. The APO has also recently filled the vacant staff positions. Joint Planning: The Joint Planning Committee met recently and approved the final plat for St. Joe Sand and Gravel, a front yard variance for C & L Excavating and special use permit for Reliable Roll off to create a transfer station. Legislative Action: Schultz reported that he recently attended an event sponsored by the St. Cloud Chamber at the Capital and had the opportunity to talk about the local sales tax extension and Wobegon Trail. Council Reports FRANK St. Joseph Chamber: Frank reported that he attended the recent St. Joseph Chamber of Commercie meeting at which they had an enthusiastic speaker talking about the Carmel Roll ride which is a fund raiser for the Wobegon Trail. LOSO Monument Park: Loso stated that recently he was walking in Monument Park and noticed large cracks in the pavement which need repair. WICK — No report SYMANIETZ — No report Adjourn: Frank made a motion to adjourn at 9:17; seconded by Loso and passed unanimously. Jud Wey n Ad ► nistrator