HomeMy WebLinkAbout2012 [07] Jul 19 July 19, 2012
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Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday,
July 19 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, Finance Director Lori Bartlett, City Attorney Tom Jovanovich.
Others Present: David Salzer, Darin W Amundson, Mariterse Woida, S.Thomasette Schuler, S. Kara
Hennes, Tom Klein, Mike Deutz, Tom Herkenhoff.
Public Comments — No one present wished to speak.
Approval of Agenda: Symanietz made a motion to approve the agenda adding (10c) Monument
Grant; the motion was seconded by Wick and passed unanimously.
Discussion: Loso questioned the attorney bill for the City of St. Cloud to which Weyrens stated
the City pays the City of St. Cloud Bi- annually for a total fee of $ 36, 000.00.
Consent Agenda: Wick made a motion to approve the consent agenda as follows; seconded by
Frank and passed unanimously.
a. Minutes — Approve the minutes of July 5, 2012.
b. Bills Payable — Approve check numbers 045530 - 045570, payroll EFT # 000693 - 000697 and
accounts payable EFT #001578-001582.
c. Road Closure — Accept the May 2012 Treasurer's Report
d. Election Judges — Appoint election judges for the August 14, 2012 Primary Election and the
November 6, 2012 General Election.
St. Joseph Fire Relief Association: David Salzer approached the Council to present the 2011 annual Fire
Relief Report and proposed contribution for 2013. Salzer stated that the Fire Relief is the retirement for
the pay per response fire department. The balance of the fund should cover the liability and when their is
a gap, the municipality is required to cover such. Due to the recent retirements and low interest rates, the
report indicates a proposed shortfall for 2013 of $ 18,830.00. Salzer stated that he requested the State
Auditor's Office review the report to assure the numbers were correct. During this review it was noted
that the report for 2011 was in error and the municipal contribution will have to be increased $ 1,000.
Weyrens clarified that the Fire Relief is required to present the financial report to the City, indicating what
if any financial contribution will be required for the following budget year. The Fire Board will review this
same information and include provisions in the budget for funding. Loso made a motion to accept the
Fire Relief Association 2012 Financial Report acknowledging a 2012 additional liability of $ 1,000
and 2013 contribution of $ 18,830. The motion was seconded by Frank and passed unanimously.
Finance Director Reports: Finance Director Bartlett presented the 2 Quarter Financial report, ending
June 30, 2012. Bartlett reported that the City continues to receive interest rates higher than the 10 -year
treasury with a return rate of approximately 2.5 %. The expenditures in the general fund represent
approximately 49% of the budget and the received revenue represents approximately 27 %. Bartlett also
presented a summary of the utility and sales tax funds. Frank questioned the reimbursement to St.
Benedict for the balancing of the sewer use agreement. Bartlett stated that based on one year of meter
reading the College contributed approximately 31% of the sewer discharge. Wick made a motion to
accept the 2nd Quarter Financial report as presented; seconded by Symanietz and passed
unanimously.
Parking Lot Request: Mike Deutz appeared before the Council to discuss the provisions placed on the
Special Use Permit for 31 Minnesota Street West. Deutz stated that he purchased the building located at
31 Minnesota Street West and the agreement requiring the pavement of the parking lot was required from
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the prior special use permit. Loso stated that the while the requirement was attached to the property from
a prior special use permit, it remained with the property and Deutz was given two years to complete the
required improvements. Schultz questioned Deutz as to his request at this meeting to which Deutz stated
he wanted to discuss the requirements for paving the parking lot. He stated the property has changed
since the original development agreement and he is questioned what portion or the amount of paving the
City will require. Weyrens provided an illustration from the recorded development agreement which
indicates that the entire parking area would be paved and landscaped. She clarified that since the
agreement was recorded the Ordinance requirements have changed and perimeter curbing in the central
business district is no longer required if adequate storm water facilities are available.
Deutz stated that since he purchased the property he has made improvements such as removing the
garage that was in poor condition and completing some exterior finishing. Deutz stated that the building
is not fully occupied and cannot absorb additional costs such as paving the parking lot. Schulz again
questioned what Deutz is requesting at this time. Deutz stated that he proposed to not pave the parking
lot, but if he is required to, he is requesting direction as to the area that must be paved. Deutz stated that
he had requested to appear before the Commission, but was instructed to appear before the Council. He
is looking for some relief in the parking requirements.
Jovanovich stated that since the property is operating under a special use permit, there are three options
for moving forward: 1) If the requirements that were attached to the special use are not completed by the
deadline, the special use permit can be revoked or suspended; 2) the conditions of the special use could
be amended through the hearing process; 3) a revised plan could be considered that meets the intent of
the special use. Jovanovich stated that Deutz requested relief from the requirements, which implies an
acknowledgement that he is subject to the terms and conditions. Jovanovich clarified that the Ordinance
does require pavement of parking lots and for existing parking lots, the application of a building permit
triggers the requirement. Deutz stated that there are examples such as the Legion who does not have
improved parking areas. Loso clarified that the Legion did not secure a building permit; therefore the
parking lot is not required to be paved.
The Council referred the matter to the Planning Commission for recommendation at the next regular
meeting. Deutz was instructed to submit a written request to the City Offices for review and comment no
later than July 25.
Transportation Plan Amendment: Sabart stated that the Transportation Plan Amendment presented to the
Council at this meeting has been modified to include the changes requested by the Council at the June
meeting. Unless the Council has additional comments, the plan is ready for approval or amendment.
Loso made a motion to adopt the 2006 Transportation Plan as amended in 2012. The motion was
seconded by Frank.
Discussion: Frank questioned if Wick's concerns regarding classification of roadways has been
resolved. Wick stated that he still has concerns on the classification of 4th, 7th, 12 and 1r Avenues
that were deemed major connectors from neighborhood collectors - if between Minnesota St South to the
southern connector road of Field Street were changed to neighborhood collectors in the Transportation
Plan. Sabart stated based on transportation modeling, those streets have low volume and the
classification of the street would not have an impact between residential collector and major collector.
The volume of trips is below the thresholds of1000 trips per day for defining a residential street and the
links that are built have relief for a major collector and we wouldn't see a difference. Wick confirmed it
would protect the neighborhoods with the streets as neighborhood collector streets, and since the roads
will not be constructed with turning lanes additional lanes the streets should remain classified as
residential collector streets.
Wick motioned to modify the Transportation Plan changing the street classification for 4th, 7th,
12 and 16 Avenues south to Elena Lane from Field street area to Neighborhood Collector
streets instead of Community Collector. The motion was seconded by Frank.
Discussion: Loso stated that he would agree with classifying 4 Avenue as a residential collector
but disagrees with 12 Avenue. He stated that he recalls the purpose of 12 Avenue from the beginning
to be a major collector and the intersection of 12 and CR 75 has a signal light which connects to CR 133
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so it seem prudent to classify 12 as a major collector. Schultz commented we (Future Mayors and
Council members) will be reviewing this every five -ten years and plans can change; however, the Council
is responsible for establishing the roadway network for the future making sure as the City grows traffic is
orderly and planned. Wick stated that 12 Avenue has a considerable amount of driveways backing into
the roadway which in his opinion is not conducive to a major collector. Wick amended his motion to
classify only 4 and 12 as Neighborhood Collectors. Frank agreed to the amendment.
Vote on Amendment:
Ayes: Frank, Wick, Symanietz
Nays: Schultz, Loso Motion Carried 3:2:0
Wick questioned Sabart if the purpose of the Transportation Plan to which Sabart responded the purpose
is to plan for future development determining the size and type of roads to assure continuity in the
transportation network. Frank stated that he has heard from people, who thought we should have had a
public hearing, but this has been a long process with compromises and we've come to agreement. Frank
normally favors more hearings and this has been a long process of input, we have had workshops and
special sessions with public involvement, it is time to adopt the plan. Frank requested that the name Field
Street be changed or referenced in a different manner. Sabart stated that based on street numbering grid
the street name would begin with "F ", but it could be listed by reference as well. Frank made a motion
to change the name Field Street Corridor to the Southern East/West Corridor. The motion was
seconded by Schultz and passed unanimously.
Frank clarified that the illustration in the Transportation Plan for the Southern East/West corridor is the
preferred alternative which was a result of the Transportation Study. He further clarified that the
alternative selected was part of a complex study and the process was followed and historical and cultural
impacts have been identified and minimized. Frank expressed appreciation for all who participated in the
committees and process to amend and adopt the Transportation Plan as it represents compromises from
all providing for guidance in the future.
Vote on amended motion to adopt the Transportation Plan classifying 4 and 12 as
Neighborhood Collectors and changing the name of Field Street to the Southern East/West
Corridor.
Ayes: Schultz, Wick, Loso, Symanietz, Frank.
Nays: None. Motion Carried 5:0:0
Engineer Reports
CSAH 2 Sabart reported that he has not received information from the County when the construction of
CR 2 will begin, but will forward to the Council when he has the information. Frank questioned the
extension of the sidewalk and the impact of installing utilities at a later date. Sabart stated that it is
anticipated that when utilities are extended the will be located in the ditch bottom or on the other side of
the street. The sidewalk may have minor disturbances. Sabart stated that the utility locations will depend
on development and some infrastructure will be located on side streets.
Villages at Mill Stream: Sabart stated that the senior housing project, Mill Stream Villages, will begin on
July 23. The pre- construction meeting was conducted and the developer has indicated a 60 day
construction period for site work which is an aggressive schedule.
Sidewalk improvements Sabart reported that the sidewalk project will be advertised for bids the week of
July 25. Staff made a final attempt to secure an easement from Mike Deutz to allow the construction of
the sidewalk on the east side of CR 2 without success, therefore the sidewalk will have to be placed on
the west side of CR 2. Frank questioned if design standards for sidewalks have changed as ST. Cloud
has been reconstructing a considerable amount of sidewalk. Sabart responded that standards have been
modified changing the slope and access to the street. The city standards have been modified for
compliance the new sidewalk will be built under the revised standards.
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Committee Reports
R1 Rental Housing Committee: Schultz reported the Ad Hoc rental housing committee has determined
that market trends have changed over the past years and the City should reconsider the rental restrictions
in R1 Zoning Districts. Schultz stated that the Planning Commission discussed the recommendations of
the Ad Hoc committee and supported and encouraged the Council to establish a committee to review
alternatives. Wick suggested there should be a short time frame for the committee, asked if it is a paid
committee and how many members would be participating. Schultz replied he has not charged the City
for meeting attendance and will continue to not seek reimbursement. With regard to membership, he
suggested the committee be similar to the existing Ad Hoc Committee consisting of rental owners and
residents. Wick suggested that the committee include membership from the CORE neighborhood, who
helped formulate the Ordinance in place at this time.
Loso stated it is his opinion that the current Ordinance is effective and does not prohibit a resident from
renting a portion of their house. When landlords live at the same residence the property is maintained
and fewer complaints are received. He further stated that St. Joseph has a significant amount of R2 and
R3 properties were rental is more appropriate. Frank stated that he concurs with Loso and if the majority
of Council members do not want to change the Ordinance then a committee should not be formed as it
would be futile. Wick stated that he is not opposed to considering options as it is typical to review
Ordinances periodically; however, he too has concerns on the impact to residential neighborhoods if
rental becomes a permitted use.
The Council was in agreement that if a committee is established it should be a group not to exceed five
and have equal membership of rental owner and residents. Wick made establishing a R1 Rental
Housing Ordinance Review Committee, consisting of five members, two residents from the CORE
neighborhoods, two members from the rental community and the Mayor. The Mayor will bring
forward a recommendation for appointment and once appointed the committee will have three
months to report back to the City Council. The motion was seconded by Loso and passed
unanimously.
Administrator Reports
Community Sign Proposals: Weyrens reported that she has had the opportunity to discuss upgrading the
community sign with two vendors, each having a different approach. The vendor who originally
constructed the sign has also worked with the City of Sartell. Sartell has had to reduce the fee for
advertising to fill the sign and have not experienced a revenue surplus, even though 10,000 cars per day
drive by the sign. The vendor is proposing to the City that he serve as the vendor and the sign will be
revenue neutral. In this scenario, the City would need to collect approximately $ 2,200 per month in
revenue to break even. The second vendor has submitted a proposal where the City pays for a large
portion of the sign upgrade and then share in the advertising revenue. His proposal suggests a
significant revenue stream. Given the information from the City of St. Cloud the revenue does not seem
feasible.
Schultz and Loso asked about taking sign down, not investing in public funds. Weyrens stated that is an
option and she could she if it is possible to get an estimate for removal. She further stated that she will
continue to see if other vendors are interested or if other options exist.
Human Rights Budget: Weyrens presented the Council with an update on the proposed budget for 2013
for the continued support the St. Cloud Regional Human Rights office. The City Administrator from St.
Cloud had indicated that while the Joint Planning Board has not meet to submit an official budget, the
contribution for St. Joseph in 2013 is estimated to be decreased to $ 3,791.70. Wick stated that the JPA
requires that the Council accept the budget in July and it is difficult for St. Joseph to approve something
that has not been acted on by the governing board. Wick made the motion to table consideration of
the 2013 Budget request to continue supporting the St. Cloud Regional Human Rights Office until
the Joint Power Board has met and forwarded a recommendation to the City as stated in the JPA.
The motion was seconded by Loso and passed unanimously.
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Monument Grant: Weyrens reported that the City is in the process of submitting the full grant application
for the restoration of the Historical Monument. The grant is seeking funding in the amount of $ 44,000.
Heidi Pepper of SEH has been working on the grant submittal and has indicated that the grant agency
suggested that the application would be stronger of a matching contribution were included. In talking with
Pepper she stated that they types of grant typically have a match equal to 25% of the grant request.
Therefore, the Pepper is requesting the City consider allocating $ 10,000.00 for the project if grant
funding is awarded. Loso made a motion to designate $ 10,000 for the historical marker restoration
upon award of grant funding, utilizing refuse funds. The motion was seconded by Wick and
passed unanimously.
Mayor Reports
APO Executive Update —The Area Planning Organization has hired a replacement for recent open
position and officially started working.
Collegeville Properties — Attended the ground breaking event for the Mill Stream Villages. Schultz
concurred with Sabart that the developer has a very aggressive schedule.
Budget Planning — Reminded Council members to submit and budget ideas within the next week to the
Administrator.
Wobegon Trail Update — Stearns County is in the process of soliciting letters of support from area Cities
to expend the Wobegon Trail. Schultz stated that he would be submitting a letter on the City's behalf.
Wick questioned if the letter would have more leverage if it came from the City Council. Sabart stated
that if the letter comes from the full Council it is an illustration of Community support and strengthens the
support. Schultz will forward the draft for review.
Council Reports
FRANK — No Report
LOSO — Questioned the Police Chief on the recent vandalism of a bench on Minnesota Street near Closet
to Closet. The bench has twice been vandalized and need replacement again. Jansky stated that he
was uncertain as to the status but can check.
WICK
EDA: Wick stated that the EDA will be meeting at 5:00 PM on Wednesday, July 25, 2012.
Facility Committee Update: The Facility Committee will be meeting to select Construction Managers for
interview and then interviewing three firms, recommending the final candidate for Council approval on
August 2, 2012. Weyrens stated that the Construction Manager will be part of the facility committee to
keep the budget and building within reasonable limits.
SYMANIETZ -Thank everyone for the support on the passing of her mother.
Wick made a motion to go into closed session pursuant to MN Statute 13d.05 subd 3 (b) to
discuss attorney client privilege for pending litigation regarding the case of the City of St. Joseph
v. Michael Deutz. The motion was seconded by Schultz.
Adjourn: The Council came out of closed session at 9:05PM and Wick made a motion to adjourn;
seconded by Symanietz and passed unanimously.
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