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HomeMy WebLinkAbout2012 [04] Apr 05 April 5, 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, April 5, 2012 at 7:00 PM in the St. Joseph City Hall, opening with the Pledge of Allegiance. 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: Mark Dorn, Vince Mohs, Bob Wahlstrom, Ellen Wahlstrom, Nancy Notch, Harvey Notch, Jason M. Mueller, Peter Gillitzer Public Comments Ellen Wahlstrom, 409 — 8th Ave NE, requested the Council consider amending the Ordinance to require a buffer between commercial property and residential property, similar to that which was recently adopted by the City of St. Cloud. She stated that the St. Joseph Corridor Overlay Ordinance addresses a buffer, but only required minimal barriers. Wahlstrom stated that the Council will be considering a request for Special Use during this meeting and requesting the Council consider adding landscaping or a buffer to protect the adjoining neighbor. Frank stated that he had the opportunity to view the portion of the St. Cloud City Council meeting where they discussed the need for butter and the Ordinance they adopted was an enhancement of an Ordinance they already were enforcing Nancy Notch, 406 — 8th Ave NE, requested that when the Council considers the Special Use Permit later in this meeting, that they consider the impact on the adjoining neighbor and require the used car owner to keep all vehicles behind the existing fence and re- direct the lights so that they do not shine in her home. Approve Agenda: Wick made a motion to approve the agenda removing consent agenda items 4(b) and 4(d) for discussion. The motion was seconded by Symanietz and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda as amended and follows: a. Minutes — Requested Action: Approve the minutes of March 1, March 7, and March 15, 2012. b. Removed for discussion c. JPA — Requested Action: Authorize the Mayor and Administrator to execute the Joint Powers Agreement for the Central MN Violent Offender Task Force. d. Removed for discussion The motion was seconded by Wick and passed unanimously. Bills Payable: Frank questioned the bill for Flaherty and Hood, noticing that the bill was coded for payment to the general fund and the refuse fund and why the division. Bartlett stated that the bill for Flaherty and Hood relates to the joint lobbying services for area half -cent sales tax extension. When the Council initially approved the request, the services included participation for all six Cities and when St. Cloud opted not to participate the other five Cities had to absorb the balance. The first action of the Council approved the expenditure through the refuse fund and the second action for the residual balance was funded through the general fund. EDA Appointment: Frank stated that he wanted to thank Caroline Yaggie - Heinen for her time committed to serving the City of St. Joseph by sitting on the EDA. He further stated that he supports the Mayor in the recommendation of Larry Hosch, but questions the diversity by having no female on the Board and we have a member that may retire soon, he hopes that those willing to serve at this time will stay interested in the position. April 5, 2012 Page 2 of 6 Loso motion to approve check numbers 045127 - 045177, payroll EFT # 000649 - 000653 and accounts payable EFT #001568 - 001570 and to appoint Larry Hosch to the St. Joseph EDA for the term 2012 — 2017. The motion was seconded by Wick and passed unanimously. Special Use Permit, Four Square Investments: Weyrens reminded the Council that at the last Council meeting they considered the recommendation of the Planning Commission to issue an Special Use Permit to Four Square Investments, allowing for the sale of used vehicles at 408 — 8 Ave SE. The Council had previously discussed limiting parking in the front of the existing building; however, since the last meeting review of the property indicated that this area is the only paved area. With regard to lighting, the recommendation of the Planning Commission included a provision whereby the property owner would be required to illustrate through meter readings that the lighting meets Ordinance requirements. When questioned about light meter readings, City Engineer Randy Sabart stated that equipment is available to measure the projection of light. While the City does not have such equipment, the property owner would be required to perform the test which would be verified by City staff. The current Ordinance limits the projection of light to four (4) candle watts beyond the property line. If projection occurs, light shields or re- directing of the fixtures would resolve the situation. Property owners Mark Dorn and Vince Mohs approached the Council to discuss their application for Special use. Dorn stated that he wants to work with the City and neighborhood so that the property can be successful. He stated that if they could, they would extend the existing fence to 8 Ave; however, the City Ordinance does not allow such. Sabart stated extending the fence could create some visibility issues as 8 Avenue is a hill and traffic backing out of the residential driveway could become problematic. Schultz question if landscaping could provide a barrier, such as boulders. Dorn stated that they would be willing place boulders four feet apart to prevent vehicle traffic. Schultz stated that the addition of the boulders could not only provide a barrier for traffic, but could serve as a buffer for the neighborhood as well. Upon questioning the area being discussed, Sabart stated that the boulders could be placed to the property line, as long as they are not in the right -of -way. Sabart suggested the property owner consider a curvilinear layout of the rocks rather than just creating a straight line. With regard to locations for parking, Loso stated that the property owner must conform to the Ordinance and all areas for parking must be paved. The previous tenants requested relief from this provision and were granted relief for two years which expires in September 2012. Dorn questioned if the parking areas on the property would be limited to which Weyrens and Schultz stated no. As long as the impervious limitations are not exceed and the parking is not in areas allowed by the Ordinance, improved parking areas can be added to the site. However, before adding new spaces the City Public Works Director should be contacted to verify placement. Wick made a motion authorizing the Mayor and Administrator to execute the Findings of Fact issuing a Special Use Permit to Four Season, permitting a used car lot at 414 CR 75. The Special Permit is issued with the following contingencies: a. All vehicles must be parked on paved areas. b. The use of streamers and banners is prohibited and temporary signs are only permitted as provided for in the St. Joseph Code of Ordinances. c. The property owner will install lighting the meetings the requirements of the St. Joseph Code of Ordinance, providing meter readings to verify the illumination. d. Automotive repair services are limited to vehicles under their ownership and shall not be available to the general public. e. The property owner will construct a dense fence across the entrance to prohibit after hour traffic. f. The property owner will install boulders on the southwest property spaced so that vehicles cannot drive between, discouraging cars from accessing the property when the business is not open. April 5, 2012 Page 3 of 6 The motion was seconded by Loso and passed unanimously. Liquor License, Bello Cucino: Weyrens stated that the City has received a request for a liquor license from Jason Mueller who will be operating an Italian Restaurant at 15 Minnesota St. E. The Police Chief has completed the background check and indicated that the report does not include any data that would prohibit the issuance of a liquor license. Weyrens stated that the restaurant is anticipating opening on April 23. Loso made a motion to accept the recommendation of the Police Chief and issue an on sale intoxicating liquor license to Jason Mueller, d.b.a Bella Cucino, 15 Minnesota Street East. The motion was seconded by Symanietz and passed unanimously. Liquor Ordinance Amendment — Outdoor Dining: Weyrens stated that Bella Cucino anticipated selling alcohol outside in the patio area, which is permissible by Ordinance, St. Joseph Ordinance 71.14 subd. 5 (b); however, the Ordinance requires a six foot fence. The Police Chief has reviewed the request and is recommending the Council consider amending the Ordinance to reduce the fence to 36 feet. Loso stated that typically he does not favor amending an Ordinance for a specific property owner, particularly if other property owners have met the requirements. In this case he did discuss the proposed amendment with a license holder that has constructed the six (6) foot fence and she does not care of the Ordinance is changed. Therefore, Loso made a motion to Amend Ordinance 7.14 Subd. 5 (b) to reduce the fence to three (3) feet provided the area is attached to a restaurants whose primary business, and provided the fence is approved by the Police Chief to verify opaqueness. The motion was seconded by Wick and passed unanimously. City Engineer /Public Works Director Report State Aid Allocation: Sabart reported that the City receives State Aid funding for streets each year and the City must designate which streets are eligible, designating the mileage that is afforded the City by MnDot. Sabart presented the Council with an illustration of the existing City State Aid mileage, which includes Field Street as it was illustrated before the transportation study. Since the Study has been completed and Field Street has changed alignment, the City needs to reconsider the miles attached to that section. When assigning mileage to street MnDot requires that connectivity between streets allocated and they must meet the collector guidelines. Loso questioned if the City could attach the mileage to the portion of County Road 2 that will be turned back to the City when the new road is constructed. Sabart stated that CR 2 is on the County State Aid system and when that portion of the road is turned back to the City, the City will receive those miles in addition to the mileage allotted. Therefore, it would not be prudent to attach the excess miles to this area. Sabart suggest the Council designate Northland Drive and Jasmine Lane as it connects to CR 2. Annually the City has the ability to change designations. It is important to designate the maximum allowed by MnDot as the City receives funding based on that mileage. Sabart stated that Northland Drive functions as a collection today and will also in the future, so it would make sense to add this street section to the map. Loso questioned how much money the City receives annually and questioned the current balance of available funds. Sabart responded that the City receives approximately $ 180,000 per year in State Aid Funds. The funds are held by the State and are available to the City when a project is ready. The City has close to one million in the fund which is dedicated to the City. The State starts looking at the balance of funds when they exceed 1.5 Million. Sabart stated that he oversees the funding to assure that the appropriate funds are received. Schultz questioned if action is needed at this meeting, to which Sabart stated action will be required at the next meeting at which time he will have a revised map and coordinating resolutions. April 5, 2012 Page 4 of 6 Project Updates: Sabart reported that the survey crews will begin the necessary work later this month to start the design process for the sidewalk expansions previously approved by the Council. It is anticipated that the design will be complete for the second meeting in May. CR 2 Re- alighnment: Sabart reported the project has been delayed by MnDot who has requested the completion of a culture resource study. The Council has commissioned the required study and when the study is complete the project should be ready to bid. . Committee Reports EDA Reports: Wick reports that Cynthia Smith Strack had prepared a one page summary of the March meeting. The March meeting included a discussion with two property owners, Harvey Pfannenstein (St. Joseph Meat Market) and Janson Neuwberg (Cone Castle), who recently completed significant building projects in the City. The purpose of their attendance was to discuss the development process so that the City could evaluate strengths and weaknesses. Both property owners indicated the development process is efficient and staff was accommodating. They also indicated their appreciation of the EDA and City Council for the support they received. Both projects received financial assistance which made the projects viable, without they would not have occurred. At this same meeting Floral Arts was granted a BFA grant to update their sign, remodel the entryway and paint the exterior. Wick stated that the EDA is also discussing the footprint of downtown and how to aesthetically enhance. Part of this is a result of vacant rental properties that will become available as the College changes their housing requirements. Schultz stated as the EDA moves forward with the downtown footprint design, the EDA and City need to make sure new businesses feel welcome and solicit feedback from existing business as their needs change and expand. Frank clarified with the Mayor for the EDA is to focus on downtown, however that is defined. At the EDA they should be the led agency as we move forward; not saying we don't work with other groups, but should be the lead. Also will identify with those that have left — were prepared to have an image of being unfriendly, but the Cone Castle review was a very simple process smooth and efficient. Planning sessions and footprint are important. Park Board Reports Loso reported the Park Board discussed the need to restore the monument as the foundation is settling. The Park Board is hoping to use Legacy funds and Weyrens has submitted a request to the grant administrator to determine if the project would qualify for funding. The project is anticipated to cost $ 25,000.00. The Park Board discussed: • Website development and the need to include information about the parks. Loso stated he informed the Board the City is working on a new site. • Cloverdale Park and the community gardens — no decision made yet. Park Board will meet at Cloverdale Park for the next meeting to discuss. • Earth Day is April 21st; there will be three days of cleanup including three parks. The Earth Day cleanup is being coordinated by Park Board Chair John Anderson. Schultz reported that the Lions have agreed to provide refreshments and food to the volunteers, using Millstream Park. • Re- inventing the 5K on July 4th; Conversation about Community fitness SHIP grants that would add fitness items and mile markers throughout the City. • Wheel chair Swing— The Park Board received are a request to install a wheel chair swing at Northland Park. While the item was discussed no decision was made. • Summer Recreation update from Sharon Young. Young reported at the Park Board that she was hoping to use the fields at CSB for the program, but CSB requires certificates of insurance for use of area. To purchase liability insurance would be approximately $ 800 and the program does not have the funding to purchase. The recreation program will use the Schneider Fields and the City parks for the program. April 5, 2012 Page 5 of 6 Planning Commission Reports: Schulz reported that the Planning Commission discussed amendments to three ordinances: Corridor Overlay, Fence and Parking Pad. The only item for the Council at this time is the amendment regulating parking in yards. The Council had forwarded a proposed draft of an amendment to which the Planning Commission modified slightly. The Council questioned the inclusion of requiring parking pads in the back yard as their recommendation as not to regulate activities in the backyard. Since the matter requires a public hearing, Loso made a motion to accept the revised draft from the Planning Commission so that the matter can be moved to the public hearing stage. The motion was seconded by Wick. Discussion: The Council clarified that the Planning Commission has the ability to change the language of the amendment at the public hearing. The motion at this time only moves the matter so that it go to a public hearing. The motion carried unanimously. Administrator Reports Design Services — Hagemeister Mack: Weyrens presented the Council with the final contract for design services. The contract has a capped contract price of $ 25,000.00 with a minimum fee of $ 20.000.00 Frank verified the scope of the contract, which refers to the existing city office facility and the newly acquired property, completion of a space needs study a conceptual drawings. Weyrens stated that the Council must affirm who will be part of the design team. Loso stated it is his opinion that the entire Council should be the design committee. Schultz stated that if the Council is the design team all the meetings must be posted as open meetings with official minutes. Frank stated that he supports a separate design committee with interaction with the Council. Wick concurred and stated the committee could meet with the Council as the process moves forward, as it becomes difficult completing tasks if the committee is too large. Weyrens stated the current facility committee includes Wick, Symanietz, Joe Dubel, Police Chief, Public Works Director and Administrator. Schultz stated that he is comfortable with the existing committee provided there is interaction with the remaining council members. Frank made motion authorizing the Mayor to execute the contract for design services with Hagemeister Mack to design the new City campus at the current location and authorize the existing facility committee to facilitate the study. The motion was seconded by Wick and passed unanimously. Demolition Bids: Weyrens stated that previously the Council requested she solicit bids to demolish the former Central MN Federal Credit Union Building. The property was purchased by the City in December 2011 and the cost to keep the existing building per month is approximately $ 500.00. Weyrens stated she received the following two bids: Honer Excavating - $ 9,800.00, with the contents, seeding the area upon completion. Breitbach - $ 21,688.00 without the contents. Schultz made a motion to accept the low bid of Honer Excavating to demolish the existing building; not removing any contents, with the site leveled mulched and seeded upon completion and removal of the adjoining tree. The motion was seconded by Loso and passed unanimously. Fluoride Grant: Weyrens reported that the City has the opportunity to seek grant funding to replace a failing pump at the water filtration plan. The pump has served its useful life and the MN Department fof Health as funding assistance up to $ 2,000. The anticipated cost of the pump repair is $ 2,700.00. Loso made a motion authorizing staff to submit a grant application to MN Department of Health for the replace of the water pump and shelf. The motion was seconded by Symanietz and passed unanimously. Mayor Reports MN Mayors Associatoin: Schultz reported that he will be attending the MN Mayors Association conference at the end of the month. Ad Hoc Rental Housing Committee: Schultz reported that the Ad Hoac committee reviewing the current R1 rental provisions has met and identified the pros and cons of the current regulations. The committee will be expanded to add one or two more members. After they met again a report should be forwarded to April 5, 2012 Page 6 of 6 the Council as an update. Wick stated that he has recently heard a report that banks may be renting homes back to homeowners and questioned how such an arrangement would fit into the Ordinance. Weyrens stated she was uncertain and would try and see if information is available. Council Reports FRANK —Frank commented on the benches recently rehabilitated by the Maintenance staff and thanked them for the job refurbishing the wood, they do look better. LOSO- No Report WICK - NO Report SYMANIETZ — No Report Adjourn: Loso made a motion to adjourn at 9:17 and go into closed session pursuant to MN Statute 13 (d) to discuss labor strategy and discuss the annual performance review of the Administrator. The Council may reconvene to ratify the AFSCME Labor Agreement. The motion was seconded by Schultz and passed unanimously. Wick made a motion to reconvene the Council meeting at 9:40; seconded by Symanietz and passed unanimously. Symanietz made a motion authorizing the execution of the Labor Agreement between the City of St. Joseph and AFSCME Council 64 for the period January 1, 2012 to December 31, 2013 with the agreed upon changes and the clothing allowance only available to the administrative staff. The motion was seconded by Wick and passed unanimously. The meeting a adjourned at 9:45 PM. udy ey - s Ad istrator