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HomeMy WebLinkAbout[04a] Minutes [02-06-14] February 6, 2014 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, February 6, 2014 at 6:00 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 KIein, Nancy Ebel, Pete Theisman, Joe Pfannenstein, Tom Kummrow, Troy Rheume, Mark Warnert Public Comments: Tom Kummrow, Office of Public Safety: Kummrow approached the Council regarding a program previously known as the Safe and Sober campaign. The new program which includes all traffic safety is called TZD (Towards Zero Deaths). High Visibility Enforcement (HVE) includes making the public more aware of the enforcement that is out on the roads. It includes media messages, sign messages, and squad cars on patrol. The Stearns County area has been one of the biggest contributors to HVE of which St. Joseph participates. Kummrow stated that through the HVE program, he has the ability to nominate an agency to receive pieces of equipment. He has nominated the City of St. Joseph to receive a radar after having spoken with Chief Joel Klein regarding what type of equipment is needed. The radar is now the size of a pop can, one sits in the front of the vehicle and one in the back. The radar would cost around $2,700. Kummrow thanked the Police Department for the work that they do. Frank thanked Kummrow for his work. He mentioned a report that found that every 1 of 8 drivers should not be on the road and asked how much a license reader would be. Kummrow stated that the license reader is very expensive. Kummrow stated that some people have an issue with it as it becomes a privacy issue. Nancy Ebel, 29457 Kiwi Court: Ebel addressed the Council regarding the decision of the electronic billboard. She added that she still feels that the billboard will reduce the property values. Ebvel stated that she has done research online and found that there is a relation between what a city looks like and how healthy the City is. The further away St. Joseph goes from its natural environment, the more it will affect the residents in the City. Ebel researched surveys that found that having natural environments have an overall healthier population. st Troy Rheume 25113 – 21 Ave, St. Cloud: Rheume addressed the Council in support of the electronic billboard. He thanked the Council for hearing him. Rheume stated that there is a non-conforming sign already in the City. As he researched back in prior meeting notes, he stated that the current sign in the City was approved by the Council. Rheume stated that the present special use request is asking the same thing. He added that when it benefited the City, the Council approved it. The electronic billboard would not reflect light back to residential properties; rather that light would go towards the road. He would like the Council to be fair regarding the position and is trying to figure out why it has gotten to this point. He doesn’t mean to come off aggressively. th Joe Pfannenstein, 1015 14 Ave S, St. Cloud: Pfannenstein approached the Council in support of the electronic billboard. He is the current owner of the structure. Pfannenstein stated that businesses are what support this community with their taxes and he all for making the sigh digital. Mark Warnert : Warnert approached the Council in support of the electronic billboard. Stated that he is owns the land adjacent to the to the other billboard previously put up by Deutz. He has had no issues February 6, 2014 Page 2 of 7 working with Deutz. Warnert commends the Council for allowing that sign to go forward. He has no gain in the situation. He thinks it is a great deal for the City of St. Joseph and in growing the community. As no one else was wishing to speak, Schultz closed public comments. Wick made a motion to approve the agenda with the addition of sales tax Approval of the Agenda: discussion under Administrator Reports. The motion was seconded by Loso and passed unanimously . Wick made a motion to approve the consent agenda. The motion was seconded Consent Agenda: by Symanietz and passed unanimously. a. Minutes – Approved the minutes of January 16, 2014. b. Bills Payable – Approved check numbers 047519 - 047584; payroll EFT # 000894 – 000898 c. Capital Purchase – Authorized the purchase of RD 7000 Utility and Pipe Tracer in the amount of $4,095.00. Special Use – St. Joseph Mini-Storage: Schultz stated the Council has previously considered the recommendation of the Planning Commission to approve a special use permit to allow modifying an existing non-conforming billboard from static to dynamic, altering the structure. The Council tabled action on the special use permit and extended the land use action requirement an additional 60 days to gather additional information. At this time the Council needs to act on the application. Weyrens stated that she has compiled all the information from the hearing, past council action, and information received and placed the facts into the draft findings of fact. The decision and conclusion part of the findings has been left blank for the Council to determine. Loso made a motion to approve the special use permit as requested by Detuz Housing LLC, to reface an existing billboard with a LED Display, located at 320 Old Highway 52. The motion was seconded by Wick. Discussion: Frank stated that a reoccurring issue that is brought up is that this sign is the same as the one out on County Road 75 which is owned by the City. Frank feels like it is comparing apples to oranges. There are different statutes and ordinances that regulate that sign, such as zoning district and the Ordinance that was in place at the time the sign was erected. Frank stated that applicant supporters feel the applicant is being singled out, which he disagrees with. There is a long history in St. Joseph of limiting billboards. In the last EDA meeting a representative from a billboard company indicated that the City has a long history of not allowing billboard within the City limits. Frank added that by looking at the Ordinances, there are restrictive provisions on billboards. In his opinion the proposed special use is a major change to the existing sign. Frank added that the Joint meeting with the EDA, Planning Commission, and the City Council whereby the main focus of the meeting was to discuss sign regulations, the only item of consensus at that meeting was to keep the prohibition on billboards. The group was combined of elected and appointed officials as well as business owners and residents. Frank stated that in regards to the comments that the City is picking on one person, it is merely the history of the City not allowing billboards. Frank stated that there are reasons to deny the billboard that can be found in at least three parts in the Ordinances. Section 52.11, there is a general provision where an illuminated sign should not shine on any part of residential districts or roadways. The second part is Subd. 12 that non-conforming signs should not be enlarged upon or expanded, nor be set as grounds for adding other signs or uses prohibited elsewhere in the same district. Lastly section 52.27-5 Subd. 10, illuminated signs are not allowed in in R-1 residential. Frank stated that because of these reasons, he will not support the approval of the special use permit. Loso questioned where it violates state statutes. City Attorney Tom Jovanovich stated that if there is a non-conforming use, the state statute stated that it cannot be expanded. Loso stated that the sign is actually being downsized. Jovanovich stated that each Council member is going to have to determine February 6, 2014 Page 3 of 7 whether the sign is an expansion. He added that the statutes Frank alluded to are based on volume. When talking about volume, the size is increased dramatically from the current static sign. Loso stated that volume is not a requirement in the City’s Ordinance. Jovanovich stated that he is not there to debate, but that the Council Members need to decide based on all areas of measurements. Schultz asked if additional research had been completed with area cities regarding their signs, or if there were any previous similar cases. Jovanovich stated that he first called the League of Minnesota Cities who referred him to the study that was completed by the City of Minnetonka. This information was been provided to the Council for review and is used widely when Cities look at sign provisions. He as then referred to the Attorney who defends claims submitted to the Insurance Trust. In speaking to this attorney, John Baker, he referred him to a case in Ramsey County which parallels the matter before the Council. Wick reiterated Frank’s comments regarding the difference between this sign and the one out on County Road 75. Wick stated that the main difference the zoning district. Wick stated for the Deutz sign, the Council needs to look at the Ordinance regarding the R1 zoning district. Wick added that based on what is written in the Ordinance, it is an extension of a non-conforming use. If the sign were to just sit there and rot, the City would then be able to step in and order the sign be taken down. Loso stated that he believes both this sign and the one on 75 are the same situation. Loso added that the city has made mistakes in the past and he thinks the property should be zoned R3. He questions the zoning on that property. Loso stated that the owner is being taxed as commercial, but the property is zoned residential. Weyrens stated that an individual is taxed on how the property is being used, not on how it is zoned. Weyrens added that the biggest difference between this sign and the on County Road 75, is that the one on 75 is not non-conforming. A special use permit was issued as was allowed by the Ordinance at the time it was installed, so it doesn’t carry the non-conforming status. Loso stated that the sign would advertise what is in the City for passersby. Loso added that he doesn’t feel it would affect property values. He is in support of the sign and thinks it would be good for the City. Aye: Loso Nay: Symanietz, Frank, Wick Abstain: Schultz Motion failed 1:3:1 Schultz stated that those who denied the Special Use would need to give reasons for their denial. Wick asked what the reason was for the abstention. Schultz stated that he felt the City did not provide enough information to make a decision. Schultz added that there should be more information provided as to how the special use could be approved and additional ways allow the permit. Loso added that he thinks the City is working against the permit. Jovanovich stated that the findings need to include the facts for denial. Wick stated the findings of fact as follows:  Ordinance 52.08 Subd. 2-5  Ordinance 52.11 Subd. 7 & Subd. 12  Sign detail  Additional sign detail provided in memo Loso stated that the facts should be known prior to denying something. Wick stated that the reason for the denial is that it’s a non-conforming use in a residential district. Jovanovich stated that the following should be included in the decision and conclusion piece of the Findings of Fact:  The proposed dynamic sign increases, expands, and extends the existing size of the sign over 9- 10.5 times the size of the existing sign. Such expansion of an existing nonconforming use is in February 6, 2014 Page 4 of 7 violation of both the St. Joseph Nonconforming use Ordinance and the Sign Ordinance. It is also in violation of Minn. Stat. Sect. 462.357, Subd. 1e.  The lighting of the dynamic sign is also in violation of the Sign Ordinance in that the source of light shines directly into a residence district Frank stated that whenever the Council needs to produce the findings of fact on a controversial issue, it is not uncommon to take the time to get the facts straight and detailed. Wick made a motion to adopt the findings of fact denying the special use permit based on the following facts. The motion was seconded by Symanietz. Aye: Symanietz, Wick, Frank, Loso Nay: None Abstain: Schultz Motion Carried: 4:1 1. Granting of the special use permit is contradictory to St. Joseph Code of Ordinance 52.08 prohibits the Ordinance 52.08 Subd 4, Non Conforming Uses. enlargement, extension, reconstruction or alteration of a use that is devoted to a non-conforming use. A. Support Structure Alteration: The refacing of the sign alters the structure as the new sign will utilize only the vertical support poles and a new horizontal support beam will be installed along with a new digital sign face. The existing wood face will be removed in its entirety. B. Dimensional Alteration: The existing billboard consists of a wooden face supported by vertical poles. The wooden face consists of 4 feet by 8 feet sheets of plywood with the following dimensions: 120 inches by 288 inches by ¾ inch. The sign volume is 25,920 cubic inches weighing approximately 618 lbs. The proposed sign is a dynamic billboard with the following dimensions (provided by Troy Rheaume): 125 inches by 277 inches by 7 inches to 125 inches by 277 inches by 8 inches. The sign volume is between 242,375 cubic inches and 277,000 cubic inches, an increase of 9 to 10.5 times greater than the existing static sign. C. Intensification - Light: The existing sign utilizes two 100 watt high pressure sodium lights drawing approximately 3 amps power. The proposed sign includes thousands of LED lights and the sign vendor (Troy Rheaume) provided information that the new sign will draw approximately 60 amps of power. The increased amperage represents a 20 fold increase in electrical draw over the existing static sign. 2. Granting of the special use permit is contradictory to St. Joseph Code of Said section prohibits the Ordinance 52.11 Subd. 12, Non-Conforming Signs. expansion or enlargement of a non-conforming sign. (See #1 A-C directly above). 3. Granting of the special use permit is in conflict with the Residential Zoning provisions. Illuminated signs are prohibited in all Residential Districts, R1 St. ; R2 Joseph Code of Ordinance 52.27, Subd. 10St. Joseph Code of Ordinance ; R3 R4 Townhouse, 52.28, Subd. 10St. Joseph Code of Ordinance 52.29, Subd. 10; Patio Home Residential The St. Joseph Code of Ordinance 52.30, Subd. 10. existing sign is illuminated by two halogen lights, which direct light directly onto the face of the sign face with a light then reflected off the face. The proposed sign sign with thousands of LED lights which direct the source of light is a dynamic outward onto a residential district. February 6, 2014 Page 5 of 7 Frank stated that the applicant has made positive contributions to the City. He would like to see a better relationship between the two, but stated it takes both sides to make that happen. County Park Director: Stearns County Park Director Pete Theiesman approached the Council to provide an update on the Wobegon Trail Extension. Theiseman reported that in 2013 Stearns County was awarded a $ 1 Million grant to expand the Wobegon Trial. Unfortunately the granting funding only secured the land acquisition so he is still seeking funding for the trail itself. He had anticipated using the rail bed for the trail, but could not secure. The estimated cost of the estimated cost of the expansion is $2.6 million. The St. Joseph Township is willing to donate $10,000 and a citizen has donated $5,000 to the project. The amount still needed is $1.6 million. Theismann stated that he is willing to answer any questions and would like the City to think about contributing to the Wobegon Trail Project. Frank stated that there was a lot of talk at the County Joint meeting regarding the Mississippi River Trail. Weyrens stated that there are 95 acres that are dedicated to parks and development. Theismann stated that there has been great cooperation between all the Cities along the Wobegon Trail and he would like to see that continue. City Engineer Reports CSAH 2 Resurfacing: Sabart stated that earlier in the week, staff were approached by Stearns County regarding the CSAH 2 resurfacing. The County is seeking approval from St. Joseph to go forward with the plans. Sabart stated that he looked over the plans and forwarded comments to the County Engineer. Being that the project does affect the City, the Council will need to authorize the resolution from Stearns County. Wick asked how the project will be done. Sabart stated that he believes it they will take the road to gravel level all at once and then repave in segments. Sabart stated that he did question whether turn lanes would be part of the plan. He was advised that they were not at this time. Frank asked if anyone had questioned the amount of time given to pedestrians to cross the road. Sabart stated that the pedestrians are given the maximum allotted time for pedestrians and that the pedestrian cross walk is as wide as it can be. Wick asked if there was a cost to the City. Sabart stated that with County Projects like this, they do not seek local funds from the City. Schultz made a motion authorizing the Mayor and Administrator to execute Resolution 2014-005 approving a county project within municipal corporate limits. The motion was seconded by Loso and passed unanimously. Overview of Project: Sabart presented the Council with an overview of the proposed projects for 2014. Weyrens suggested the Council conduct a workshop to discuss the projects and funding status. The Council concurred to establish a special meeting. Schultz asked how much time the Council has to make a decision on the Water Tower Project. Sabart stated that they have until March/April with the work starting in May. Each of the projects are still in the designing project with start times being in April and May. Committee Updates EDA: Frank stated that the EDA had a guest from AmericInn to discuss the possibility of constructing a hotel in St. Joseph. The first step in the process is the commissioning of a study which the EDA will discuss again at their next meeting. Frank clarified that the annual report for the EDA identifies projects by code which is not uncommon. A suggestion was made to list the names of the business inquires, but that is not possible when businesses are in the infancy stages. Additionally the EDA talked about signs and focused in on the Minnesota Street Corridor as far as what kind of vision wants to be met. Planning Commission: Schultz stated that the Planning Commission moved their time from 7 to 6:30. Schultz reported that the Planning Commission discussed signs and that City Staff will be providing them February 6, 2014 Page 6 of 7 with additional information to discuss at the next meeting. Additional, the Commission listened to Randy Schmitz form Scenic Specialties regarding a special use and variance. The variance was regarding keeping a parking lot unpaved. Fire Board: Loso reported that the Fire Board met last night. Loso stated that the board approved the following: agenda, the minutes, the treasurer’s report, approved two members to attend the State Fire Convention, the purchase of 10 new sets of Fire boots, extra pay for date entry, and the disposal of surplus inventory. Loso added that the department is also looking for two new firefighters as of June 2014. The current count is 28 people. Administrator Reports Annexation: Weyrens stated that she recently attended the St. Joseph Township meeting where she informed them that the City will pursue annexing property south of Minnesota Street W to I-94. The City has been spending funds on exploring utilities and extending trails and it seems timely for the annexation. The Township was not opposed; therefore the proposed annexation will be on the next City Council agenda. Donations: Weyrens stated that three donations were received by the city that needed approval.  $20,000 was received from the College of St. Benedict.  $10,000 was received from the Monastery  Stalker Mobile Traffic Radar received by the State of Minnesota Wick made a motion to accept the donations and purposes as presented. The motion was seconded by Wick and passed unanimously. Weyrens stated that $15,000 from the College and Monastery will go towards the fire fund and the remaining $15,000 will go in the general fund. Sales Tax: Weyrens stated that the Administrators have been meeting to discuss how to establish the regional project for the sales tax extension. St. Cloud has proposed to distribute a survey and solicit public input. The cost of the survey will be between $ 3,000 - $ 5,000 and if each City would participate it would be approximately $ 850.00. Loso stated that a survey will help push the inter-city group to make a decision on regional priorities. Schultz stated that the City can participate in the survey to see what residents of St. Joseph want. Frank stated that the survey will be done in conjunction with the St. Cloud State University survey, but he will in no way be a player in the survey. Frank added that the survey will employ survey monkey which he feels is not the best way to go about it. He would like to see the survey questions out there for people to review before they take the survey. Frank stated that he would probably vote to go forward with the survey. Wick asked if the survey could be paid for based on population as that is how the sales tax is received. He does not feel a need for the survey. Weyrens asked if there was an amount the Council would like to spend for the survey. Wick stated that he would not like to spend more than $1,000. Wick made a motion for the City of St. Joseph to participate in the Regional Priority Survey for an amount not exceeding $850.00. The motion was seconded by Schultz. The motion was carried. Aye: Loso, Symanietz, Frank, Wick Nay: Schultz Motion Carried: 4:1 February 6, 2014 Page 7 of 7 Mayor Reports Community Center: Schultz reported that the community center group met with Murray Mack to discuss programming. Murray Mack is doing the work pro bono and they should have a report for the Council shortly. ½ cent Sales Tax Open House: Schultz reported that he attended the open house for the regional ½ cent extension. During the three hour open house there were only a dozen residents that attended. Town Hall meeting: Schultz stated that he recently held a Town Hall meeting and discussion among those attending included: the need for more infrastructure money, the street improvement district bill, and bonding for the community center. Meeting with Catholic Worker: Schultz reported that he recently met with Molly Weyrens, representative of Catholic Worker, to discuss how the City handles current affairs such as poverty and college students. APO Personnel Committee: There were 13 candidates reviewed to fill the APO Director position. It was filtered down to 6 and interviews will be conducted. Those will be narrowed down to 3 and a second round of interviews. New Business Frank stated that he would like the possibility to enhance the marketability of the Sauk River. Frank stated that there is the Great Minnesota Regional Parks and Trail Coalition that could possibly help out with getting funding to the City. Frank stated that there is a Sustainability Expo at the River’s Edge Convention Center on April 27, from 1-5. Schultz stated that he would like to recognize Chief Joel Klein for delivering a healthy baby girl. On st January 31, at 7:10 AM, a baby girl was delivered in the Centracare parking lot. Klein stated that he would not see it as heroic. He stated that it is part of his job and he is trained to do it. The couple was traveling through town to get to the St. Cloud Hospital, however the baby had other ideas. Motion made by Loso to adjourn at 8:20 PM; seconded by Wick and passed unanimously. Adjourn: Judy Weyrens Administrator