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HomeMy WebLinkAbout[04a] Minutes December 19, 2013 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session th on Thursday, December 19 , 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, Public Works Director Terry Thene Others Present: Tom Conyers, Tom KIein, Scott Bruce, Valerie Silva, Joe Silva Public Comments: No one present wished to speak. Wick made a motion to approve the agenda. The motion was seconded by Approval of the Agenda: Loso and passed unanimously. Loso made a motion to approve the consent agenda as follows; seconded by Consent Agenda: Wick and passed unanimously. a. Minutes – Approved the minutes of December 5th, 2013. b. Bills Payable – Approved check numbers 047294 – 047338; payroll EFT # 000878 – 000883 and EFT #001639 – 001640. c. Financial Report – Accepted the November Treasurer Report as presented. Planning Commission Matters Variance Request – McDonalds: Weyrens reported that the Planning Commission had two public nd hearings on December 2. One of those was the Variance Request submitted by McDonalds. The original request was for a sign 30 feet in height and the most recent request asked for an increase of 5 feet bringing it to 35 feet in height. The main reason for the variance request was due to the lack of visibility. Weyrens added that the Planning Commission recommended approval. Looking at other signs in the surrounding areas, this sign is right in that range. The property is located in planning district 13 and it has a further setback than surrounding businesses due to the trail. There are trees planted along the trail that also affect the visibility. Additionally due to the current sign moratorium, the digital sign cannot be used, but it can be included in the construction of the sign. Loso asked if there was a formula calculating how high the sign would need to be for visibility. Weyrens stated that representatives from McDonalds had requested the additional 5ft due to the inability to see the sign at 30 feet due to the tree line. Frank made a motion to accept the recommendation of the Planning Commission, authorizing the Mayor and Administrator to execute the Findings of Fact issuing a request for Variance to McDonalds, allowing for a 35 foot sign at 1180 Elm St E. The motion was seconded by Schultz and passed unanimously. Discussion: Frank stated that he is surprised that McDonalds is not doing as well financially as they had thought. He added that it is difficult to find the entrances from both County Road 133 and from Elm Street and it would be nice to have smaller signs at the entrances. Weyrens stated that because McDonalds leases the building and land that they have no control over what is put on the land. The property owner would have to grant an easement for additional signage. Frank questioned if there is a digital component included as part of the proposed sign. Valerie Silva, representative of McDonalds, approached the Council stating that the design was constructed to include a digital sign. She added that they don’t necessarily have to have digital; they are more concerned with the height. Weyrens added that she had spoken with McDonalds and they are able to construct the sign with the digital pieces, but it will not be completed until the moratorium is lifted. Frank December 19, 2013 Page 2 of 4 asked whether the brightness of the golden arches will be altered. Joseph Silva approached the Council stating that the sign will be exactly the same as it is now, just higher. Loso stated that there are other signs in the city that are at the request height or higher. Weyrens stated that the signs vary from the 56ft BP height down to 15ft. He added that it is within the scope of signs that have been approved in the past. Wick presented pictures of what the billboard would look like at 35 feet high coming from the East and West. Interim Use Permit, 803 Morningside Loop: Weyrens stated that Planning Commission conducted a public hearing on December 2, 2013 to consider the issuance of a non-owner occupied rental unit at 803 Morningside Loop. The property owners, Joseph and Katie Schmitz provided all necessary documentation and indicated that their preference would have been to sell the property, but due to the market, they will hire a property management company to rent their home. Loso made a motion to accept the recommendation of the Planning Commission, authorizing the Mayor and Administrator to execute the Findings of Fact issuing an interim use permit to Joseph and Katie Schmitz to operate a non-owner occupied rental at 803 Morningside Loop. The motion was seconded by Symanietz and passed unanimously. Discussion: Frank stated that the reason people move into an R1 area is due to the type of community. He asked the Chief whether there was any reporting on whether rental properties have higher crime rates compared to residential. Chief Klein stated that there is not anything that he can think of, but can look back at statistics. Schultz added that the permit is only good for 2 years maximum. Wick stated that the permit can only be used for 2 years and cannot be renewed after that time frame. City Engineer – Public Works Director Reports 2013 Street Improvement: City Engineer, Randy Sabart, presented the Council with an opportunity to refund a portion of the 2013 Street Improvement Cost. He stated that when projects are pre-assessed, the estimates are not final numbers. The contractor delivered a quality project and when the final qualities and costs were calculated the project indicates a savings of around $65,000. Refunding the project surplus would result is a refund/credit ranging from $150 to $400 per property owners. Staff recommends reassessment and refunds to the property owners who have paid. Since the project cost is less than the original assessment, the costs can be refunded without a hearing. Wick asked whether those that paid the assessment will be receiving a notice regarding the refund. Weyrens stated those that pre-paid will be issued a check for the refund amount. Those that paid using their taxes will have a reduced amount subtracting the amount of the refund. Wick made a motion authorizing the Mayor and City Administrator to adopt the new assessment roll for the 2013 Street Improvement Project. The motion was seconded by Symanietz and passed unanimously. Committee Updates EDA: Wick reported that the EDA meeting held was quick and was a wrap-up of the year. Plans for 2014 were discussed and the yearly report will be presented to the Council in February. Planning Commission: Schultz reported the Planning Commission met in a work session regarding a new sign ordinance. The Commission agreed that the current ordinance needs to be rewritten to include more details and guidelines. They also decided to invite the EDA and Council to a meeting to get their input regarding better utilization of signs. The meeting will be held on January 6, 2013 and will be a work session. December 19, 2013 Page 3 of 4 Administrator Reports Meeting Schedule: Weyrens presented a revised copy of Ordinance 21 as well as the Council meeting ndth days and times of area cities. Weyrens proposed having the Council meetings on the 2 and 4 Tuesdays of each month and added that there is a nice flow to the proposed calendar. Councilmembers Loso and Wick preferred keeping the schedule the same. Schultz stated that he would like to have the meetings on Tuesdays. Loso made a motion to change the start time of Council Meeting 6pm on the first and third Thursdays of every month. The motion was seconded by Wick and passed unanimously. Loso stated that he would like to get the packet on Fridays rather than Monday. He added that there should be a deadline to when information can be submitted for the agenda. Weyrens stated that it is not always feasible but staff will try. Wick made a motion authorizing the Mayor and City Administrator to execute Resolution 2013- 064, amending Ordinance 21 to exclude Section 21.05 Subd. 4 which stated that removal of a th Council member shall be initiated by 4/5 vote of the Council. The motion was seconded by Symanietz and passed unanimously. Wick made a motion authorizing the Mayor and City Administrator to execute Resolution 2013-065 issuing summary publication of amended Ordinance 21. The motion was seconded by Schultz and passed unanimously. Ordinance Amendment – Transient Merchant: Weyrens stated that the Council previously reviewed the current Ordinance covering transient merchants and agreed to update the Ordinance. The item remaining was how the update would impact the Girl Scouts, schools, or service clubs selling items. Weyrens added that the City Attorney called the League of MN Cities for their opinion to which they stated that you cannot pick which groups can and cannot sell and you have to treat all groups the same. Loso made a motion to authorize the Mayor and City Administrator to execute Resolution 2013- 063 amending Ordinance 109 in its entirety and replacing with the presented Ordinance. The motion was seconded by Frank and passed unanimously. Discussion: Wick questioned who would need to come to City Hall to get the license. Weyrens stated that each individual would need to check-in with a form of identification and contact information. Symanietz made a motion authorizing the Mayor and City Administrator to execute Resolution 2013-062 issuing summary publication of amended Ordinance 109. The motion was seconded by Wick and passed unanimously. Mayor Reports Updates:Schultz reported that he attended the Chamber meeting which was more of a social event than a meeting. Schultz added that he would like to get costs from Xcel Energy for the movement of the electrical wires to be put on the election ballot for 2014. New Business Frank stated that there is a serious ice problem outside of Retail Therapy and that the person didn’t know the procedure for maintaining the sidewalks outside of businesses. Thene stated that the City will remove the snow, but the businesses need to take care of the ice. He added that he will put something together for the businesses to serve as a reminder for sidewalk care during winter. December 19, 2013 Page 4 of 4 Wick made a motion to move into closed meeting to discuss Closed Meeting – Property Purchase: st the purchase of the property located at 33 – 1 Ave NW pursuant to MN Statute 13D.05 Subd. 3. The motion was seconded by Schultz and passed unanimously. Motion made by Wick to adjourn at 8:07 PM; seconded by Symanietz and passed Adjourn: unanimously. Judy Weyrens Administrator