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HomeMy WebLinkAbout2012 [07] Jul 05 July 5, 2012 • Page 1 of 5 Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday, July 5, 2012 at 7:OOPM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors Renee Symanietz, Dale Wick, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Police Chief Pete Jansky, Public Works Director Terry Thene Others Present: Gary Kraft, Courtney Cooper, Sandy Scholz, Monte Eastvold, S. Kara Hennes, Nicole Severson, Talezia Callaway. PUBLIC COMMENTS Approval of Agenda: Symanietz made a motion to approve the agenda with the following changes: 4(f): Remove for discussion 4(g): Remove for discussion 9: Public Works Director Reports The motion was seconded by Loso and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda as stated below; seconded by Wick and passed unanimously. a. Minutes — Approved the minutes of May 3, May 17, June 6 and June 7, 2012. b. Bills Payable — Approved check numbers 045422 — 045529, payroll EFT #000679 — 000692 and accounts payable EFT #001576 — 001578 c. Treasurer Report — Accepted the May 2012 Treasurer's Report d. Workers Comp Coverage — Assign the Workers Comp deductible a t $ 2,500 per occurrence and continue to provide elected /appointed official coverage. e. Donations — Accepted the donations and their stated purposes f. Removed for discussion. g. Removed for discussion. TIF Reports, EDA Appointment: Frank requested Weyrens clarify the impact of TIF to the City in regard to risk. Weyrens stated that the City only utilizes pay -as -you go TIF, that is, the City does not issue debt or bond for TIF districts and rely on the developer to reimburse the payments. Rather the City reimburses the developer only after the property taxes are paid. If the developer does not pay the taxes, they do not receive the TIF payment. Therefore, the risk for TIF lies with the developer, not the City. Frank requested Schultz provides background information on the recommended appointment to the EDA, Doug Danielson. Schultz stated that Danielson is employed at Sentry Bank and has been active in the community and local chamber of commerce. Loso made a motion to accept the 2011 TIF Reports for TIF Districts 1-4; 2 -1 and 2 -2t to appoint Doug Danielson to fill the vacant seat on the St. Joseph EDA. The motion was seconded by Wick and passed unanimously. Debt Management Study: Monte Eastvold, Northland Securities presented the Council with the 2012 Debt Management Study. Eastvold stated the purpose of the study is to provide a financial summary of the debt, reviewing the solvency of each debt service. Eastvold stated that when looking at future debt, the overall tax levy burden is reviewed. The tax burden should be a declining schedule, not increasing. Looking at the City overall debt the tax burden is reduced significantly in four years. Eastvold also stated that the second column of information that the City should monitor is the cash flow and that should reflect a positive balance, which is the case of St. Joseph's schedule. Schultz questioned future refunding possibilities, based on the interest rates. Eastvold stated that he will continue to monitor the debt service and if opportunities for savings become apparent, he will approach July 5, 2012 Page 2 of 5 the Council for refunding. Frank stated that the City has approximately 21 debt service accounts and he questioned if this is typical or too many. Eastvold responded that a number of debt service accounts are small and the rating agencies did not see it as a deterrent when issuing debt earlier this year. In fact the City bond rating was affirmed. Frank discussed the competing rating agencies and if they are losing some credibility. Eastvold stated that there were some allegations of conflict of interest which created some conflict. Eastvold concluded and stated that in his opinion the City does a good job managing debt. Church of St. Joseph — Weyrens reported that the Planning Commission conducted a public hearing on June 4, 2012 to consider the request of the St. Joseph Church to rezone their property from the current R1, Single Family to B1 Central Business and to consider a special use permit to allow the construction of a fellowship hall, connecting the church and school. The Commission tabled action on June 4 so that the Parish could revise their plans to meet fire safety requirements and remove the proposed relocation of the ingress /egress. The Planning Commission considered the plan again on July 2, 2012 and with all outstanding issues resolved, they recommended the Council approve the rezoning and issue a special use permit. Loso questioned why the parking requirements have been relieved as there is already a parking problem in the downtown area. Weyrens stated that the Ordinance allows for deviation in parking and the parish has provided an executed agreement with the Monastery and College of St. Benedict for securing additional parking spaces in adjacent parking lots for large events. Loso stated that it appears that the parking spaces are being re -used for multiple purposes and questions if the parking will be available when needed by the parish. Schultz questioned how much of the overflow parking provided by the College and Monastery is already dedicated for another use. S. Kara Hennes, representing the Monastery of St. Benedict stated that they currently own the parking lot referred to as Lot 1 and they lease all but 12 spaces to the College who use the spaces primarily during normal business hours. The parish is looking to secure spaces for evening and weekend. Courtney Cooper architect for the St. Joseph Parish, stated that when the parking was calculated he only used the church and school space, not the fellowship hall. He stated that is unlikely that that space would be used concurrently; therefore they do not understand he requirement to provide additional parking. Schultz requested clarification on the parking and how many spaces are located on each parcel. Cooper stated that 44 spaces are provided on the church and school site, 110 spaces are provided on the vacant lot on the east side of College Avenue and 146 additional spaces are south on property owned by the Monastery of St. Benedict. Loso stated that he objected to the shared parking as the City currently has a downtown parking problem and in his opinion the City needs to address the parking problem and start solving the lack of parking. The City seems to keep re -using parking spaces. Schultz and Wick stated that they disagree with Loso and stated that the Parish has provided 130% of the required parking. Gary Kraft, representing the parish, stated that he actually counted the number of designated parking spaces on the parking area owned by the Monastery of St. Benedict and there are only 14 spaces designated. The parking needed by the Church is opposite the need for the College and Monastery so the shared parking seems like a reasonable solution. Frank stated that he believes that the Parish meets the intent of the Ordinance for parking. The Italian restaurant already uses some of the parking for the parish, and again it is different hours. Schultz stated that it could happen that parking for an event could be short, but they have made an effort to provide sufficient parking. Frank questioned the removal of the tree and benches on Minnesota Street and encouraged those items to be relocated somewhere else in the City. Cooper responded they are only being removed as the City is requiring the Parish to widen the access. Frank also commented on the number of crosswalks on CR 121 /College Avenue in a small area. July 5, 2012 Page 3of Frank made a motion to accept the Findings of Fact and recommendation of the Planning Commission rezoning the parcel which contains the church and school from current R1, Single Family to B1, Central Business and issue a special use permit to allow the construction of a fellowship hall contingent upon the execution of a development agreement memorializing the terms, conditions and plans for development. This motion authorizes the Mayor and Administrator to execute the development agreement. Ayes: Frank, Wick, Symanietz, Schultz. Nays: Loso Motion carried 4:1 Planning Commission Matters Ordinance 52.21 Amendment, Corridor Overlay District — Weyrens stated that the Planning Commission conducted a public hearing on the proposed amendment to the Transportation Corridor Overlay District in June and modified the amendment on July 2. The overlay district removes the developed area adjacent to CR 75, on the south side between 1 Avenue Northwest and 1 Avenue Northeast - approximately a six block area, increases the maximum height of a business sign, removes the fence provisions and places the commercial regulations in the fence ordinance. The Planning Commission recommended approval of the amendment to Ordinance 52.21. Loso questioned if the exclusion for the developed area on the south side of CSAH 75 is also provided on the north side? Weyrens stated that the undeveloped area should be required to adhere to the overlay requirements. The ordinance already includes exclusion for the single family homes and that would apply to the north side as well. Wick confirmed there is an exception from Northland Drive going east. The Council agreed to modify the language so that the exclusion from the Ordinance would apply equally on the north and south side of CSAH 75, including only the undeveloped platted property west of CR 133 to 1 Avenue. Wick questioned if uses are grandfathered that are not currently in compliance. Weyrens stated that legal uses are grandfathered, but if there is a use that is in violation of the ordinance the revised ordinance will not legalize the matter. Wick made a motion to accept the amendment to Ordinance 52.21 with the changes; seconded by Symanietz and passed unanimously. Wick made a motion authorizing the Mayor and Administrator to execute resolution 2012 -013 authorizing summary publication of the amendment to Ordinance 52.21. The motion was seconded by Wick and passed unanimously. Ordinance 56.0 Amendment, Fence — Weyrens reported that the Planning Commission conducted a public hearing in June to consider an amendment to the fence ordinance. The amendment removes redundancy in the Ordinance and clarifies fence material and location. The Planning Commission recommended approval of the amendment to Ordinance 56. Frank questioned the use of maintenance free material as nothing is completely maintenance free, the appeal process and who determines what is meant by enhancement. Council confirmed is up to the Building Inspector to enforce and interpret the Ordinance. Loso questioned if invisible fences require a permit and it was discussed they are not currently covered under an ordinance. Loso made a motion to accept the amendment to Ordinance 56 as presented; seconded by Wick and passed unanimously. Symanietz made a motion authorizing the Mayor and Administrator to execute resolution 2012 -014 authorizing summary publication of the amendment to Ordinance 56.00 Fence. The motion was seconded by Wick and passed unanimously. Interim Use Permit, Brian Traut 329 — 4 Ave SE: Weyrens reported that the Planning Commission conducted a public hearing to consider issuance of an Interim Use Permit to Brian Traut, 329 — 4th Avenue SE to allow an owner occupied rental. The Planning Commission recommended issuance of the Interim Use Permit as he met the qualifications identified in Ordinance 52.27. Wick made a motion to accept the recommendation of the Planning Commission issuing an Interim Use Permit to Brian Traut, 329 — 4th Ave SE to operate an owner occupied rental. The motion was seconded by Frank. Ayes: Schultz, Wick, Symanietz, Frank Nays: Loso. Motion carried 4:1 July 5, 2012 Page 4 of 5 Committee Reports EDA Update - EDA met on June 20 and discussed the following: 1) accepted the resignation of Chad Davey and acknowledged his contributions. appointed Doug Danielson; 2) Reviewed changes to the BFA grant programs looking at the policies and procedures which will then be brought to the Council; 3) Discussed the development of a downtown master plan and agreed to move on a plan; 4) Agreed to conduct a survey internally for business retention and expansion and will test the survey on ten businesses; 5) Discussed and will add Public Comments to the meeting. Park Board Update: Loso reported that the Park Board is seeking for approval to purchase phase three for the Northland Park Equipment. The Park Board did solicit two quotes for the equipment with a total cost of $ 25,700 including staff time and equipment. Loso made a motion authorizing the purchse of the third and final phase of equipment for the Northland Playground at a cost of $ 25,700 to be expended from the Park Dedication Fund. The motion was seconded by Wick and passed unanimously. Facilities Committee Update — Symanietz reported that a subcommittee of the facility committee met and discussed the following: 1. Reviewed and finalized the request for proposals for construction services. The proposals will be due on July 16 and interviews are anticipated to be held on July 17 with a recommendation to the Council on July 18. 2. Reviewed the 2008 space needs study prepared by SEH to determine which spaces are still applicable today. From this the design process can begin. Public Works Update — Public Works Director Terry Thene stated that the 2012 crack seal project is nearing completion and due to additional cracking and depth of cracks, the project cannot be completed within the current budget. The contractor indicated that an additional $ 8,000 of fill and labor would be needed to complete the roads designated for maintenance. Thene stated that he does have sufficient funds in the budget to cover the overage. Loso made a motion authorizing the additional expenditure of $ 8,000 to complete the 2012 crack seal project as requested by the Public Works Director. The motion was seconded by Schultz and passed unanimously. Administrator Reports Sidewalk Bids — New CR 2: Weyrens reported that Stearns County has received bids for the re- alignment of CR 2 and trail section as requested by the City. R.L. Larson was the apparent low bidder and trail component of the bid is $ 346,441.62. The Stearns County Engineer is requesting the City accept or reject the trail component so that the matter can be forwarded to the Stearns County Board on July 10, 2012. Weyrens stated that the City still needs to secure easements for portions of the trail or work with the contractor on the location. Wick made a motion authorizing the trail construction adjacent to the re- aligned CR 2, recommending Stearns County accept the low bid for the trail component of the project. The motion was seconded by Symanietz and passed unanimously. Sidewalk Extension — CR 2 and CR 133: Weyrens reported that the City has been unable to secure an easement to extend sidewalk along property owned by Mike Deutz, adjacent to CR 2. For the project to move forward at this time, the City could re- design the project and construct the sidewalk on the west side of CR 2. The sidewalk extension adjacent to CR 133 is ready to move forward as designed. Loso made a motion authorize the solicitation of bids for the extension of sidewalk adjacent to the east side of 12 Avenue /CR 133 from Minnesota Street to the private drive accessing Coborn's, and adjacent to County Road 2 to the Wobegon Trail. The motion was seconded by Wick and passed unanimously. Schultz made a motion requesting the engineer re- design the sidewalk adjacent to County Road 2 to the west side of the road. The motion was seconded by Loso and passed unanimously. July 5, 2012 Page 5 of 5 Performance Measures: Weyrens reported that in 2011 the Council opted to participate in the State Performance Measurement program. The program required participating cities to survey the residents on 10 performance measurements and examine the results to increase the delivery of services and provide services desired by the residents. Cities participating in the program would also receive a per capita reimbursement. The city must report the results of a survey by July 1 2012 to be eligible for the same per capita reimbursement in 2012. The State Auditor provided an extension to adopt the resolution for the results until July 6 2012 to still be eligible for the 2012 per capital reimbursement. The performance measures survey was set up at no cost through the League of MN Cities via a URL Link. The survey had 53 respondents and will be summarized on the City's Website. Loso made a motion authorizing the Mayor and Administrator to execute resolution 2012 -012 adopting St. Joseph's Performance Measurement results causing the same to be forwarded to the State Auditor's Office. The motion was seconded by Frank and passed unanimously. Release of Development Agreement: Weyrens reported that during the preparation of closing documents for the McDonalds site, the title is clouded with the original development agreement for when the utilities were extended. The City Engineer has verified that the terms for the original development agreement have been satisfied for Lot 1 Block 1 St. Joseph Professional plat and can be released. The City has since recorded a new development agreement that encompasses the current development. Symanietz moved to release development agreement as recorded on Lot 1 Block 1 St. Joseph Professional Plat. The motion was seconded by Wick and passed unanimously. 2013 Budget Process: Weyrens stated that staff has started the process for the 2013 budget and it is anticipated that it will be presented to the Council in early August. The budget discussion will be televised and part of the regular council meeting. Weyrens questioned the Council if they have any specific budget goals or items they would like to see included in the proposed budget. Wick questioned if the City received the budget number for the Human Rights Office as the agreement indicates that the Board will approve and recommend a budget by July 1. Weyrens stated she will contact St. Cloud. Mayor Reports APO Executive Board Meeting: Schulz reported that he attended the APO Executive Board meeting at which time they discussed the Transportation plans and studies, including priorities and APO staffing. One of the new employees has resigned as the personnel committee will be meeting to review options for filling the open position. Council Reports SYMANIETZ — No Report WICK — No Report LOSO — No Report FRANK — Commented on the Visitors Guide and inclusion of the flower baskets on the front cover. Closed Meeting: Wick motioned to adjourn and go into closed session, pursuant to MN Statute 13(d) to discuss labor strategy for AFSCME. The motion was seconded by Schulz and passed unanimously. Adjourn: The meeting was opened and adjourned at 8:50pm. _. e;t 0 Jul xp. eyref s strator THIS PAGE INTENTIONALLY LEFT BLANK