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HomeMy WebLinkAbout2013 [02] Feb 21February 21, 2013 Page 1 of 5 Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday, Feb 21, 2013 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: Police Chief Pete Jansky, Public Works Director Terry Thene, Finance Director Lori Bartlett and City Engineer Randy Sabart. Others Present: Cynthia Smith - Strack, Teliza Calloway Public Comments: No one present wished to speak. Approval of the Agenda: Symanietz made a motion to approve the agenda as presented; seconded by Wick and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda as follows; seconded by Wick and passed unanimously. a. Minutes — Approved the minutes of December 6, 2012 and January 17, 2013. b. Bills Payable — Approved check numbers 046286- 046330 payroll EFT #000770 - 000774 and accounts payable EFT # 001603 - 001606. c. Transfers — Authorized the 2012/2013 transfers as provided for in the adopted 2013 budget. d. Treasurer's Report — Accepted the January Treasurer's Report. 2012 Annual EDA Report: EDA Director Cynthia Smith - Strack appeared before the Council to present the 2012 annual EDA Report. She stated that the annual report details the highlights of activity and includes economic data such as taxes, income and growth. The report takes approximately 10 -15 staff hours to complete and includes utilization of multiple resources. Smith - Strack stated the core functions of the EDA include: Organizational Development, Business Development, Infrastructure Development, and Market Development. In looking at the allocation of time spent on each function, the majority of EDA efforts were focused on Business Development, followed by organizational development and then market development. EDA staff conducted the following activities: followed up on twenty different business contacts and cultivated 20 new contacts; researched 23 new businesses and provided technical assistance to 15 contacts; conducted a business expansion /retention survey garnering a 30% response rate; provided data for the new website; and provided articles to the Newsletter inserted with the utility bills. The report includes a historical analysis illustrating the market value and tax capacity changes from the year 2008 to the present. Since 2008, the commercial /industrial tax base has increased over 6% percent, meeting one of the goals of the EDA. With regards to unemployment and wages the report shows we continued to add jobs despite the recession. Over the past five years the population of St. Joseph has increased from 6,066 to 6,579 and household increasing from 1,743 to 1,857. The EDA continues to work towards their goal of diversifying the tax base and during 2012 they continued to meet with property owners near CSAH 2 for a potential commercial development and parkway business center. The EDA recognizes the financial impact of extending utilities to the area adjacent to CR 2 and continue to look at alternatives and opportunities. The EDA assisted the City in completing an application through the Central MN Housing Partnership for housing rehabilitation. In addition the EDA administered local grant programs such as the Business Fagade Architectural Grant and Demolition Grant Program. In 2013 the EDA looks forward to continuing discussions with the property owners adjacent to CR 2, monitoring the economic impact of the CSB /SJU housing requirement, marketing opportunities in St. Joseph, responding to inquiries and continue proactive follow up of viable leads /prospects, continuing to February 21, 2013 Page 2 of 5 pursue revitalization within the downtown and implementing and administering technical and financial incentive programs. Symanietz thanked Smith - Strack for the presentation expressing appreciation for the dedication of the EDA. Loso questioned Smith - Strack as to how many of the goals of 2012 came to fruition. Smith - Strack responded the EDA individual strides towards the goals but the goals are long -term and more broad based than what an individual objective or work strategy would be; therefore progress has been made on the majority of EDA goals. She also clarified that the economic development is considered a marathon and not a sprint; therefore it takes time and patience. Mayor Schultz questioned the status of the downtown project and how the EDA is addressing the need to develop shovel ready sites, parking and transition planning. Smith - Strack states that the EDA continues to look at the downtown area and it falls under the broad goal of revitalization. The EDA recently mailed a survey to all property owners located in the B1 Zoning District soliciting ideas and looking for opportunities. The EDA will be reviewing the survey results at the next regular meeting. Schultz questioned if the EDA has noticed a change in attendance since the meetings have been moved from 3:00 PM to 5:00 PM. Wick stated that the impact was greater for members as attendance has not changed. Loso made a motion to accept the 2012 EDA Annual Report; seconded by Schultz and passed unanimously. City Engineer Reports Antenna Modification: Sabart reported that the City has received a request from Sprint to modify their existing antennas located on the Water Tower. Procedurally the City required a deposit and a full set of plans for review. Sabart stated that a staff member in SEH specializes in telecommunications and reviews the plans for impact to the water tower. The City is looking to assure that any modifications do not compromise the integrity of the water structure and they are mounted in a safe manner. The project as proposed by Sprint includes upgrading three antennas on top of the water tower and also removing old equipment after the new equipment has been tested and is working. Weyrens stated that the current lease agreement with Sprint expires in 2014 and the City will notify them of intent to renegotiate the rate. The current lease is silent with regards to temporary antennas, but in contacting cities through the finance listserv, a fee is collected and rates vary. Weyrens stated that she contact representatives for Sprint and requested a lease payment equal to the current rate in the existing agreement which would be approximately $ 6,000. While this is on the high side for temporary they offered $ 3,600 in a one -time payment. Weyrens stated that minimally she would expect a one -time payment of $ 5,000. Schultz questioned the impact of antennas when the City needs to complete maintenance. Sabart responded that the lease agreement does include a provision whereby the antenna vendors have to vacate the tower for maintenance. Typically the vendors will install temporary towers on the ground during this time. Symanietz made a motion to authorize the Mayor and Administrator to execute an agreement permitting Sprint to modify the antennas on the water tower, placing three temporary towers on the site for up to six months. In addition, Sprint will submit a one -time payment to the City for the temporary towers, with the amount to be negotiated by the Administrator. The motion was seconded by Wick and passed unanimously. Sidewalk Improvements: Sabart reminded the Council that the City will be opening bids for the 2013 proposed sidewalk improvements on February 28, 2013 for consideration at the March 7 council meeting. Frank questioned the need to extend sidewalks if they are not available for pedestrian use. He noticed residents walking in the street on CR 133 as the sidewalk have not been maintained nor is the County clearing the snow at the intersection or median. Sabart and Thene agreed to follow -up on this matter. February 21, 2013 Page 3 of 5 Update - Western Sewer Extension: Sabart reported that he and Public Works Director Terry Thene have been reviewing alternatives for extending sanitary sewer to the area adjacent to CR 2. In order to determine if the existing pipes have enough capacity, the flow will have to be measured. Since the City does not have meter for measuring flow, they are contacting MN Rural Water to borrow flow meters and anticipate this happening in March. One the capacity is determined he will provide additional information to the Council. Fire Board: Loso reported that the Fire Board met on February 20, 2013 and discussed the following: approved two fire fighters to attend the State Fire Convention; discussed the need to purchase additional turnout gear but are waiting in anticipation of securing FEMA funding; the City is accepting applications for firefighters as a result of recent retirements; and the Board viewed the new rescue van as it is in service. Ordinance Amendment — R1 Rental Housing: Schultz reported that the Planning Commission conducted a public hearing to consider amending the R1, Single Family Zoning District to allow for non owner occupied rental units under certain conditions. The amendment would allow a resident who has owned the home as their primary residence for one year and have actively trying to sell their home (at least 3 months) without success to make application for an Interim Use Permit for a one year non owner occupied rental license, renewable for one additional year. The Planning Commission clarified that the permit cannot be expanded beyond two years and the City should include an expiration date on the certificate of compliance so that tenants are aware that the rental license is temporary and provisional. The Planning Commission also requested that the City Council review the impact of the proposed amendment 18 months after adoption. Schultz stated that he received a phone call requesting the City Council consider extending the period of time the property owner would have to own the home before making application for an interim use permit beyond one year. Wick stated that he concurs as one year would allow people to purchase a home and flip it in one year or allow students to purchase a home, graduate and then the property the following year. He recommended the time period be extended to at least two years. Loso asked for clarification as to whether or not one of the qualifying factors is that the property has to be there primary residence to which Weyrens confirmed. Symanietz and Loso concurred the term of ownership should be extended to two years. Frank stated that originally he was opposed to the change, but feels that the Planning Commission and Housing Committee did a lot of work and he supports there concept. Frank questioned how the proposed amendment would impact a property owner who sells their property using a contract for deed. Weyrens stated that if a property is sold contract for deed and the same, it is considered ownership and they would not need a rental license. Frank stated that he is trying to look at it from both the perspective of the person renting and the neighbor who now has a rental unit in an R1 area where when they bought the property they had a certain expectation of a lifestyle and after making a large investment are now living in perhaps a different kind of neighborhood. He questioned how tenants know their rights or the terms of a rental license. Weyrens stated that the City inspects the property annually checking for life safety issues. All landlords are provided a list of items that are required and a license will not be issued until all the requirements are satisfied. Frank questioned the enforcement of Ordinances and how compliance is achieved. For example he has called the City Office regarding garbage cans that sit on the street beyond the Ordinance limits. Weyrens stated that depending on the type of complaint the matter is either referred to the Public Works Director or the Police Chief. Frank acknowledged the Police Department is under staffed and they must prioritize, but he questioned the effectiveness of Ordinances if they are not enforced. He also questioned over occupying of rental units and enforcement. Weyrens stated that it is difficult to enforce some of the rental code and if the City sends a compliance order to someone that is alleged to have a rental unit and they say it is family living with them, staff does not have any evidence to contradict. Frank questioned the ability of the City to revoke or suspend a rental license. Weyrens stated that it is difficult to suspend a February 21, 2013 Page 4 of 5 rental license as the City has tried before to suspend a license based on multiple noise violations. The tenant's attorney was able to delay the process until the school year ended and the suspension was not upheld. These matters are out of the control of the City and we have to rely on the Court system. Wick questioned if the proposed amendment includes language that the renewal of an Interim Use Permit is not automatic and is conditional upon compliance and that it is not renewable beyond the two year period. Additionally, the amendment should include the same provisions as are required for owner occupied rental licenses stated in 52.27 Subd. 5(a) requiring that the property is the applicants primary residence. Loso made a motion authorizing the Mayor and Administrator to execute Resolution 2013 -013 amending Ordinance 52.27 allowing for non owner occupied rental units in the R1 zoning district under certain conditions outlined inn 52.27 5(b). The amendment includes the following additional changes: 1) the property owner must be a natural person; 2) the property has to be listed as the property owners primary residence for at least two years; 4) the renewal of a granted Interim Use Permit can be renewed for an additional provided the owner makes application for such and completes the rental license process; 5) Under no circumstances shall the interim use permit be extended beyond two years. The motion was seconded by Schultz and passed unanimously. Wick made a motion authorizing the Mayor and Administrator to execute Resolution 2013 -014 authorizing Summary Publication of the amendment to Ordinance 52.27. The motion was seconded by Symanietz and passed unanimously. Community Center: Wick stated that he and Symanietz conducted an informational meeting regarding the proposed community center on February 12, 2013, at which time one person was present. Wick provided the Council with the following information that was also presented on February 12: • The first input session conducted by the facility community was attended by 25 to 30 residents who requested the community center include active recreation such as fitness center, basketball court and walking track. • While reviewing existing recreational opportunities in St. Joseph, Wick discovered that residents have access to facilities at CSB with two different levels available ranging from $ 125 /year to $ 300 depending on the services desired. CSB also offers a month rate of $ 35 for the top level. Kennedy School offers a walking program for $ 5.00 per year or an 18 session fitness program for $ 18.00. • If the City opted to construct an active recreation center residents will have to expect a user fee or membership as the operation will rely on both general tax levy and user fees. The Becker Community Center has a monthly user fee of $ 28.00. • Based on the Becker Community Center, the City could anticipate an annual operating budget of $ 900,000 with 50% covered through user fees and debt fees of $ 194,564 (using a 2.51VI facility). The projected tax impact on a $ 150,000 home is $ 250 and residents would then have to also pay the user fees. Wick stated that the Facility Committee is seeking direction as to whether the City moves forward with the original concept of adding a community room and moving the Council Chambers to the upper level or construing a stand -alone facility for active recreation. Loso stated that his opinion is that we should move forward with the original concept of adding community room as it's within fiscal constraints. He further questioned the impact of the St. Joseph Parish Fellowship Hall and if that facility will capture the events that would typically occurs in the community room. Loso stated it is his opinion that the City cannot afford to remodel and expand the City Offices. He is not a believer in believer in building the biggest and best. The City purchased the former Credit Union for the expansion of a meeting room and he requested the Council follow through with the original plan. Frank stated that he would prefer to discuss the matter when it is published as an agenda item where residents have the opportunity to provide feedback and not just at open to the public. He stated that he would prefer to see if CSB would provide a long term commitment offering resident the opportunity to use February 21, 2013 Page 5 of 5 their facilities. The Council requested to discuss this matter at the next meeting, publishing the opportunity for input. Stearns County Emergency Services Mitigation Plan: Police Chief Jansky stated that all the area Emergency Services Directors have been working on establishing mitigation plans to provide access to FEMA funding. Stearns County has lead the efforts and created a Stearns County Mitigation Plan. This plan includes a mitigation plan for all the Cities in Stearns County. The plan was submitted to Homeland Security for Preliminary Approval which has since been approved. At this time all the Cities must adopt a resolution officially adopting the mitigation plan. The benefit of approving the mitigation plan is that not only would funds be available in the event of a disaster, but if federal funds are appropriated to an agency and they are not used, the remaining funds are available to Cities with a mitigation plan to fund items contained within. For example, if the City of Duluth does not use all the funds appropriated for the flooding, the funds go back to Homeland Security and the City could make application to purchase a generator, as we have identified that as a need. The funds are competitive with Homeland making the decision who receives the surplus funding. If the City is successful in receiving funding, the City cost share is 20% of the project. Loso made a motion to authorize the Mayor and Administrator to execute Resolution 2013 -2012 Adopting Stearns County's Mitigation Plan; the motion was seconded by Wick and passed unanimously. Administrator Reports Sales Tax Update: Weyrens reported that a hearing on the extension of the local one -half cent sales tax is scheduled for February 26, 2013 at 2:30 PM. The lobbyist hired by the City has requested some minor changes to the legislation to which the area Administrators concurred. One of the changes included removing community facilities from the list of regional projects. The Council questioned when the regional project was identified to which Weyrens stated that the proposed Legislation includes a list of potential regional projects and once the extension is approved the area Cities will meet and determine the regional project. The list of regional projects includes the following: 1) St. Cloud Regional Airport; 2) Regional Transportation Improvements; 3) Regional Aquatics Center; 4) Regional Public Library; 5) Regional Parks and Trails. Mayor Reports APO: Schultz reported on the APO Executive Meeting which included the following: 1) Discussed the logistics of how a project (Heritage Road) that was not previously on the Federal Priority List was added and the Board expressed concern the member cities must follow the protocol for adding project and bypassing the process will not be tolerated; 2) The APO is soliciting applications for new transportation study funds; 3) the APO will be hosting an open house on the 2035 Transportation. City Council Reports FRANK: Expressed concern that Fire Hydrants are surrounded by snow and ice to which Thene stated that staff is working on cleaning hydrants. LOSO: Questioned the condition of East MN Street to which Thene stated the staff is working on repairing potholes. WICK: Reported the next EDA meeting is scheduled for February 27, 2013 at 5:00 PM. SYMANIETZ: Commended the public works department for the snow removal. Adjourn: Wick motions to adjourn; Loso seconds at 8:OO13M and passed unanimously. Judy Weyrens Administrator