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HomeMy WebLinkAbout[05a] Minutes November 21, 2013 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, November 21, 2013 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors Dale Wick, Renee Symanietz, Bob Loso, Steve Frank, City Administrator Judy Weyrens City Representatives: City Engineer Randy Sabart, Finance Director Lori Bartlett, Chief Joel Klein, City Attorney Tom Jovanovich, Brandon Fitzsimmons Others Present: Tom Klein, Linda Allen, Adam Silvers, Nancy Ebel, Mike Deutz, Troy Rheaume Wick made a motion to enter closed session pursuant to MN Statute 13D.03 Subd. Closed Session: 1(d) to discuss labor strategy. The motion was seconded by Frank and passed unanimously by those present. The Council came out of closed session and resumed the established agenda. Public Comments Nancy Ebel, 29457 Kiwi CT approached the Council to address the electronic billboard proposed for 320 Old Highway 52. Ebel hopes that the City will wait until the Moratorium period is over before approving the Special Use Permit. She had conducted research on digital billboards and found that one study done in Philadelphia found that properties within 500ft of a billboard had a decreased real estate value of over $30,000. It also compared 20 US cities with varying laws on billboards. The cities with little restriction on signs had a higher poverty rate compared to those that had more restrictions. Ebel added that another concern is that digital billboards attract the attention of drivers for longer periods of time compared to non- digital billboards. The billboard is also in a residential area with a park right across the road. Troy Rheaume: Approached the Council as a representative of the company that is building the billboard at 320 Old Highway 52. He stated that the statistics that Ebel referenced were regarding completely different areas. He stated that there are many digital signs in the City already and he doesn’t believe that there are any more traffic problems due because of them. He added that he can control the brightness of the sign and they are here to bring new technology into the town. He posed the question to the Council: How come when the sign was good for the City, it was approved so fast, but now that it is for Mr. Deutz, it is different? Loso made a motion to approve the agenda with the addition of item 9b. Approval of the Agenda: APO discussion. The motion was seconded by Wick and passed unanimously by those present. Wick made a motion to approve the consent agenda as follows; seconded by Consent Agenda: Loso and passed unanimously by those present. a. Minutes – Approved the minutes of November 7, 2013. b. Bills Payable – Approved check numbers 047193 – 047250; payroll EFT #000868 – 000872 and accounts payable EFT# 001637 – 001638. rd c. Gambling Report – Accepted the 3 Quarter Gambling Report as presented Planning Commission Matters Interim Use – Adam Silvers: Weyrens stated that the Planning Commission conducted a public hearing th on November 7 to consider the allowance of an interim use permit to allow an owner-occupied rental at 321 Jasmine Lane. The Planning Commission recommend the Council authorize execution of the Findings of Fact and decision issuing an interim use permit. Silvers has met the qualifications as stated in the Ordinance; however his property is currently over occupied. The Ordinance limits the property to three unrelated persons and based on his testimony at the public hearing he has five. Since the meeting November 21, 2013 Page 2 of 6 he has agreed to reduce the tenants to meet the Ordinance and will do so no later than December 31, 2013. Wick made a motion to authorize the Mayor and Administrator to execute the Findings of Fact and Decision, granting an Interim Use Permit to allow an owner occupied rental at 321 Jasmine Lane, owned by Adam Silvers. The motion was seconded by Schultz and passed unanimously by those present. Special Use – St. Joe Mini-Storage LLC: Weyrens stated that the Planning Commission conducted a th public hearing on November 7 to consider the allowance of a special use permit to allow the re-facing of an existing non-conforming sign. The sign is located at 320 Old Highway 52 and the request has been submitted by St. Joe Mini Storage LLC. The Planning Commission recommended the approval of the Special Use permit as in their opinion the property owner is completing maintenance on the sign. Over the years the technology of signs has changed from static advertising to dynamic. The request for the Special Use Permit is a continuation of a non-conforming use as the City Ordinance does not currently allow billboards and the property is zoned residential Loso made a motion to authorize the Mayor and Administrator to execute Findings of Fact and Decision, approving the request for Special Use to allow the re-facing of an existing non- conforming billboard. The motion was seconded by Schultz. Discussion: Frank stated that he is trying to figure out his thoughts on this issue. His main concern is the brightness of the billboard. Rheaume stated that there are memory cards that control the brightness of the lights and that is a matter that can be regulated. He added that many cities are looking for regulations on digital signs; however, no one is regulating digital signs at this point. Frank questioned what the League of Minnesota Cities is saying about dynamic signs. Weyrens stated that the league has provided information to Cities suggesting they consider regulating dynamic signs. Rheaume added that he doesn’t want the billboard to be too bright to the point where the wording cannot be read. Frank stated that he would like to table the issue for a couple of months until Council can do a bit of research and reach out to other cities regarding their ordinances and regulations on signs. Wick stated that the topic cannot be tabled long-term as there is a land-use permit that needs to be decided on within 60 days. The decision needs to be made on the current ordinances that are in place. The sign is in an R-1 zoning district and is a non-conforming use which the ordinance states that anything non-conforming cannot be expanded. Wick added that the changes being made to the sign are in violation of the current ordinance. The sign is becoming larger, there will be an increase in the number of signs shown, and the life is being increased. He referred to Subd. 3 in the Sign Ordinance as well as Ordinance 52.27 to show that the modifications to the sign are not in line with the City Ordinances. Wick questioned where the Planning Commission and the Council find that the changes to the sign are maintenance. Loso stated it is his understanding that the sign comes down every six months when advertisements are changed. The changes being made to the sign will serve the same purpose, but with updated technology. Rheaume stated that the property is taxed as commercial. He also added that Deutz lets the City have a Welcome to St. Joseph sign on the property. Schultz reported that the Planning Commission came to the conclusion that the sign changes are maintenance activity rather than reconstruction activity. The billboard will be serving the same purpose, just with updated technology. He added that the decision was unanimous except for him. The non- conforming use issue was brought up, but did not weigh heavily on the decision. By strict ordinance, the sign does not comply; however, he is not sure if the City is in-line with digital technology. Wick agreed, but stated that the purpose of the Council is to make the Ordinances and make sure that people looking to deviate are following those Ordinances set forth by the City. November 21, 2013 Page 3 of 6 Frank added that he hears merit in all the discussions that are taking place. He feels uncomfortable breaking ground until there is an ordinance set that would bring this issue up to code. He has no objections to the sign, but wants to learn more. Jovanovich added that there is a 60 day rule; however that can be expanded to 120 days by a motion from the Council which would give time to research and gather further information. Vote on original motion to approve the Special Use Permit: Aye: Loso Nay: Wick, Frank, Schultz Motion Failed: 1:3:0 Frank made a motion to extend the time requirement for the City to act on a land use matter from 60 days to 120 days to allow for further study and research. The motion was seconded by Wick. Aye: Schultz, Wick, Frank Nay: Loso Motion Carried: 3:1:0 Frank made a motion to reconsider the vote. The motion was seconded by Schultz and motion was carried. Aye: Schultz, Wick, Frank Nay: Loso Motion Carried: 3:1:0 Ordinance Amendments: Weyrens stated that the Planning Commission conducted a public hearing to consider a number of ordinance amendments. The majority of the amendments relate to providing authority to the City to withhold a license or permit if the applicant has an outstanding financial obligation. Other significant changes include reducing the adornment required in the Commercial/Industrial District as well as clarify the exterior requirements for accessory buildings. Frank would like to go one by one as some are more complicated than others. Ordinance 14, Penalties and Fees. Amendment provides the City the ability to withhold licenses and Frank made a motion authorizing the permits due to any outstanding financial obligation to the City. Mayor and Administrator to execute Resolution 2013-043 amending Ordinance 14. The motion was seconded by Schultz and passed unanimously by those present. Ordinance 51, Building Ordinance: Amendment reflects the requirement to secure a building permit for windows and siding as required by the MN Building Code and includes a provision whereby the City can Frank made a withhold a permit if the applicant has an outstanding financial obligation to the City. motion authorizing the Mayor and Administrator to execute Resolution 2013-044 amending Ordinance 51. The motion was seconded by Wick and passed unanimously by those present. Ordinance 52.07, Administration: The amendment allows the city to withhold a land-use application in the Frank made a motion authorizing the event there is an outstanding financial obligation to the City. Mayor and Administrator to execute Resolution 2013-045 amending Ordinance 52.07. The motion was seconded by Wick and passed unanimously by those present. Ordinance 52.11, Signs: The amendment corrects the square footage of the sign from 250 square feet to Frank made a motion authorizing the Mayor and Administrator to execute 200 square feet. Resolution 2013-046 amending Ordinance 52.11. The motion was seconded by Wick and passed unanimously by those present. Ordinance 52.12, General Performance Standards: The amendment requires a zoning permit for accessory buildings over 50 square feet, but less than 120 square feet. A permit may also be withheld Frank made a motion authorizing the Mayor and due to any outstanding fees owed to the City. Administrator to execute Resolution 2013-047. The motion was seconded by Wick and passed unanimously by those present. Ordinance 52.32, B-2 Highway 75 Business District: The amendment clarifies exterior finishes for Schultz made a accessory building and reduces the exterior adornment requirement from 50% to 30%. November 21, 2013 Page 4 of 6 motion authorizing the Mayor and Administrator to execute Resolution 2013-048. The motion was seconded by Wick and passed unanimously by those present. Ordinance 52.34, LI-Light Industrial District: Language was clarified on exterior requirements, accessory Schultz made a motion building and uses regarding fire arms facilities and bio-medical opportunities. authorizing the Mayor and Administrator to execute Resolution 2013-049. The motion was seconded by Wick and passed unanimously by those present. Ordinance 54, Subdivision Regulation: The provision was added whereby the City can withhold a land Loso made a motion authorizing the Mayor and use application due to an outstanding invoice/fee. Administrator to execute Resolution 2013-050. The motion was seconded by Frank and passed unanimously by those present. Ordinance 55.04, Licensing of Rental Units: The amendment reflects prior changes to the rental regulations that were not added to the rental ordinance. To avoid conflicts in the future, the Ordinance is being modified to refer one to the individual zoning district for the provisions. The amendment also added Frank made a a provision whereby the City can withhold a rental license for outstanding invoices/fees. motion authorizing the Mayor and Administrator to execute Resolution 2013-051. The motion was seconded by Wick and passed unanimously by those present. Ordinance 57, Excavation ordinance: The amendment added the provision whereby the City can withhold Schultz made a motion authorizing the Mayor and a permit due to an outstanding invoice/fee. Administrator to execute Resolution 2013-053. The motion was seconded by Loso and passed unanimously by those present. Weyrens stated that the remaining Ordinance Amendments were in regards to adding the provision where the City can withhold a license or permit due to an outstanding invoice/fee. Loso made a motion to approve the following Ordinance Amendments: 2013-054 Bonding of Contractors 2013-055 Regulation of Cigarettes 2013-056 Regulation of Amusement Devices 2013-057 Regulation of Tattooing 2013-058. Regulation of Consumption of Intoxicating Liquor The motion was seconded by Schultz and passed unanimously by those present. Wick made a motion to authorize the Mayor and Administrator to execute Resolution 2013-059 authorizing summary publication of the aforementioned ordinance amendments. The motion was seconded by Frank and passed unanimously by those present. Budget 2014: Weyrens reported that the final numbers were received from Stearns County as to how the budget will impact property taxes. The tax rate will go down about 2%. Also included is an overview of the 3-year projects, and projects that have not been included for funding. Frank asked for further clarification on the impact that reduction has on the City. Weyrens stated that every percent is a $36,000 reduction and that our budget can support the reduction. Under general consensus, the Council is in agreement with where the budget is at. Administrator Reports APO Project: Weyrens presented the Council with a request from the Stearns County Engineer whereby she is requesting the Council execute a resolution supporting the 2018 & 2019 federal transportation project that will involve the resurfacing of CR 75 within the City Limits. City Engineer Randy Sabart clarified that the proposed project will not have a financial impact on the City and the project is part of the APO Transportation Plan with funding being available in 2018/2019. November 21, 2013 Page 5 of 6 Schultz made a motion to authorize the Mayor and Administrator to execute Resolution 2013-060 providing support for the 2018 & 2019 federal transportation project submittal to the St. Cloud Area Planning Organization. The Motion was seconded by Wick and passed unanimously by those present. Mayor Reports APO Discussion: Schultz reported that Scott Mareck, APO director, has resigned and there will be a th Personnel Committee meeting on December 5 to discuss what will be done in the interim. His last day st will be December 21. Agenda: Schultz stated that the purpose of New Business section of the agenda was not to eliminate Council Reports. The new format will be Committee Reports, Mayor Reports, and then New Business. Joint Planning Board: Schultz reported that the Joint Planning Board conducted a public hearing to consider a variance and conditional use permit for the billboard that was refaced. The Board approved both the variance and conditional use permit. Coalition of Greater MN Cities: The Coalition of Greater Minnesota Cities recommended to its member sites to endorse a letter for continued support of LGA. Schultz stated that he would send the letter to the Council for review. He added that it is not something that needs to be acted on right away, but should be something to consider. New Business Amusement Licenses: Loso questioned why the City charges the highest fee allowed by the state for amusement devices whereas surrounding cities charge about half that. Weyrens stated that she was not aware that there was a maximum fee and that the City has not changed what they have charged for those amusement devices. Park Terrace Discussion: Frank stated that he is changing his position a bit regarding the Park Terrace Project. He has talked to numerous residents and has concerns with the amount the project will cost for residents. He feels that the 60% assessment rate is a bit high and thinks it should be moved to 50 or 40%. Frank added that there should be some type of pool that would help mitigate the drop in percentage. He thinks that some residents may feel that the City is assessment shopping. He would like to see the City bring in people who are experts on assessments to look at the project. He would vote against the project due to the impact this will have on the residents. He believes there will be people that will lose their homes and he does not want to see that happen. Loso stated that he is speaking for the neighborhood in that they do not like to be threatened. He said the residents felt they had a take it or leave it situation. He added that there are a lot of bad feelings by the residents. Frank stated that he does not necessarily agree with Councilmember Loso, and that he has not talked to anyone that said the project is not needed. The added hook-up fees and added construction that will need to take place to re-route the piping is what will hurt the residents. He would like the Council to re-think things. Weyrens clarified that there is not a hook-up fee and that the city is looking to create an allowance for the reconnection. Schultz addressed Councilmember Loso’s comments regarding the City Attorney. He thinks that the City Attorney was not threatening in any way and was presenting the facts and alternatives. Loso stated that he is just going off of how the people feel. Weyrens added that the final assessment has not been determined and will not until the project is designed and bid. The Council will more opportunities to debate the cost sharing of the project before the assessment hearing is conducted. Jovanovich stated assessing properties is a difficult task as there is not one right answer. The League of MN Cities provides information that states that it is doubtful that the City can show benefit for street improvements and the appraiser hired by the City in 2011 stated that she could show benefit for streets but not utilities. It becomes a subjective debate that can change from Judge to Judge. November 21, 2013 Page 6 of 6 Motion made by Loso to adjourn at 9:00 PM; seconded by Schultz and passed Adjourn: unanimously by those present. Judy Weyrens Administrator