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HomeMy WebLinkAbout2004 [05] May 20 I I I May 20, 2004 Page 1 of8 , I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, May 20, 2004 at 7:00 PM in the St. Joseph City Hall. I I Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Ross Rieke, Dale Wick. City Administrator Judy Weyrens. I I Citv Representatives Present: City Engineer(s) Joe Bettendorf, Rental Housing Inspector Tom Wigfield I I , Approve Aqenda: Wick made a motion to approve the agenda with the following changes: Move 5 Discuss Audit after Park Dedication fees Move 9 Discuss Building Official Report before Why USA Rezoning Request Delete 7 (a) Council previously acted on this matter , Delete 7 (d) Table this topic until further information is available Add 10 (d) Advertisement for bids for 16th Avenue Add 14 (b) Liquor license - La Playette Add 14 (c) Employee Health Insurance Renewal Add 14 (d) Hiring of Consultant for Building Services The motion was seconded by Rieke and passed unanimously. Consent Aqenda: Utsch made a motion to approve consent agenda as follows. A motion was seconded by Rassier and passed unanimously. a. b. c. d. I e. f. Bills Payable - Approve check numbers 34241-34292 Minutes _ Approve the City Council minutes of April 6 and April 15, 2004 Safety Manual - Authorize the expenditure to update the safety manual Fire Fighter Appointment _ Accept the recommendation of the Fire Board and appoint Shir ey Brill, Amanda Cherne, Ken Jacobson and John Prom to the St. Joseph Volunteer Fire i Department .. I Meeting Fees _ Increase Planning Commission meeting fees to $35.00 per meeting effective January 1, 2004. ,I Intoxicating Liquor Licenses, Wine Licenses, and Club Licenses - Approve Liquor licenses for the period July 1, 2004 through June 30, 2005, pending receipt of the applicable fees, insurance certificates, and application forms. Public Comments to the Aqenda: Jerry Hasselbrink, court appointed attorney for Arthur Klein, addressed the Council regarding the rezoning of Birch Street East. He stated that the residential houses in the affected area should be maintained as single family homes. He also addressed the topic of affordable housing and stated that the St. Joseph Comprehensive Plan refers to affordable housing and the area in discussion contains I affordable housing, meeting one of the goals of the Comprehensive Plan. Hasselbrink also discussed the following: i · Peopie who are interested in living in that area would like this to remain a residential I neighborhood. i · If a person stands at the corner of Birch Street and 1 st Ave, and they look west, they will see commercial, but if they look east, there is a lot of green area that protects those homes and makes it a livable area. i · He feels there is no need for commercial development in the City of St. Joseph I · Hasselbrink stated that there is a need for the City to maintain affordable housing. · If the re-zoning takes place, this will incorporate a "fly-over" mentality in which the neighborhood will not be treated with respect. · This will either interfere with neighborhoods or it will continue to provide affordable housing. I Andrew Berger, 26 E Birch Street, stated that he sees this as a benefit to himself and his wife as we as the City. He stated that this is a risk that they are taking, but they are in favor of the re-zoning. 1 May 20, 2004 Page 2 of 8 Hasselbrink addressed the Council again and stated that he feels the Council should be representing those who are not going to profit from the re-zoning and that the Council should take a closer look at the original petition and the legality of the number of signers needed. I Buildinq Official Report: Tom Wigfield spoke on behalf of Inspectron as he is the City's Rental Housing Inspector. He addressed the Council with a Rental Inspection Checklist that he would like approval from the Council so that they can be incorporated into the rental housing inspection program. The first intended use of the forms is to inform the rental property owners of the content and extend of the inspection for licensure. The second purpose is to encourage and allow the property owner to do hislher own rental inspection prior to the scheduled inspection. This should result in better informed owners and higher compliance rates with fewer re-inspections. The Council had some questions for Wigfield regarding the checklist. Hosch questioned if all the criteria needs to be met for all properties. Wigfield responded by stating that not everything will apply to all properties. Fences, for example, are not required, but if they already have an existing one, it would apply to them. Wick stated that if a certain item does not apply, there should be an "n/a" field. Rassier questioned whether they would get this before the inspection or the day of. According to Wigfield, they will get a copy in advance and they can use it as a checklist as they get ready for the inspection. He also stated that after the inspection, they should know exactly what needs to be taken care of. A rental housing meeting is going to be held on June 14th to discuss the revised rental license process. A mailing will be sent to all the effected parties with the checklist as well as an agenda as to what will be discussed. During the discussion of the Council, Rassier asked if this was our new in-house Building Official. Weyrens replied that he is not the new Building Official, but he is the Rental Inspector for the City. Rassier also questioned whether or not he has ever worked in a college atmosphere. Wigfield stated that he has worked in a college atmosphere in the past. Whv USA - Rezoninq Request - Birch Street East: Janel Weisen of Why USA addressed the council I representing the buyer of 38 Birch Street East. She stated that the petition for reaoning was submitted so that the house located at 38 Birch Street East could be converted to office space. The office will not be disruptive to the neighborhood as the hours will be Monday through Friday, 7:30 AM to 5:00 PM. Hosch stated that approval of a rezoning requires a super majority (4/5 vote) of the Council to pass. Wick questioned how many properties are involved in the rezoning petition. Weyrens stated that there were six (6) properties initially but the Planning Commission expanded the area including the two properties east of 1" Avenue NE and abutting Birch Street East. It was the opinion of the Planning Commission that the entire area should be included at this time as it is consistent with the future land use plan of the Comprehensive Plan. Rieke asked for some background on the issue. Utsch spoke on behalf of the Planning Commission. He stated that a Public Hearing conducted by the Planning Commission to rezone the property abutting Birch Street from the current R1, Residential to B2, Highway Business. The finding from the Planning Commission is that the rezoning of the area in question is consistent with the St. Joseph Comprehensive Plan. The City also received a petition requesting the rezoning from over 50% of the property owners affected. The Planning Commission took a lot of issues into consideration before recommending the Council rezone the property from the current R1, Single Family to B2, Highway Business. Some of the issues discussed include the fact that it will be hard to sell that property as residential in the future and not too many people want to live along County Road 75. Rassier stated that when he and Hosch were elected, one of the first things they looked at was where businesses should be located and Birch Street was seemed like an obvious location. At that time, a Public Hearing was conducted to rezone the same property being discussed at this meeting. The Planning Commission and Council agreed to wait to rezone the property until a time when it was ready for development. Now, we have slow interest moving businesses into that area. I Wick stated that he has a couple of concerns with this rezoning. 1. We don't know how the property will be used once it has been rezoned. 2 I I I I May 20, 2004 Page 3 of 8 , ! 2. We don't know how they will use the alley and side street. ! ! I Utsch spoke again and stated that by rezoning this area, we would be following the Comprehensive Plan. He also says that the Council should look at the request as though it were initiated by the Planning Commission, as they added to the area and authorized the public hearing. Utsch again stated that the proposed rezoning is consistent with the Comprehensive Plan Wick stated that the findings of the Planning Commission indicate the request has been submitted by WHY USA, therefore, a boundary survey and development plan should have submitted. Weyrens stated that she has discussed the matter with the City Attorney, and there are two ways the issue can be resolved: 1. The Council can by motion acknowledge that the City Council initiated the petition for rezoning and after the motion is voted and passed they can then discuss the results of a public hearing conducted by the Planning Commission. i 2. The Council can deny the request of Why USA and have the Councilor Planning Commission motion to initiate the process and conduct a new public hearing. Hosch stated that he does believe the Planning Commission initiated the process in part by adding the i remaining two houses. However, his concern with the rezoning is some of the permitted uses within the B2 Zoning Ordinance. Hosch clarified that he is not opposed to the rezoning, but would like to discuss I further what uses should be allowed abutting Birch Street. For example, a strip mall would be detrimental to the abutting residential district and that use is permitted in the B2 Zoning District. Hosch stated that in reviewing the Zoning Ordinances he would prefer to rezone the area in discuss to B 1 , General BusinesS. Weyrens stated that before that could be considered, the Comprehensive Plan ~ust be amended.' I I Rassier made a motion to accept the recommendation of the Planning Commission to rezone the property abutting Birch Street from R1 to B2. The resolution of findings include that the rezonirig is consistent with the Comprehensive Plan. The motion was seconded by Utsch. Ayes: Nays: Utsch, Rieke, Rassier Hosch, Wick Motion Carried 3:2:0 (Motion fails due to 4/5 requirement) Hosch stated that he is not opposed to the rezoning or the conversion of the property at 38 Birch Stree East to an office building. He doesn't want to rezone the whole area for fear of making a rezoning I mistake. Utsch stated that as a result of the request being denied, it must go through the process again and go back to the Planning Commission. Utsch questioned Hosch and asked if he would rather rezone one piece of property at a time. Hosch says he would like to see a plan lot being developed. With that being said, Utsch asked him if he wanted to see a plan every time even though it is in accordance with the Ordinance. According to the way the Ordinance(s) are written, Rieke said that is not part of the i process and to require such would require an Ordinance(s) change. Hosch stated that he is concerned about the permitted uses under B2. He would like to have a moratorium put on that area for future us~s until this matter is resolved. I i Weyrens asked the Council if it would be acceptable to rezone the area and look at requesting a Special Use Permit for property abutting a residential area. Hosch is concerned about certain businesses such as retail strip malls or grocery stores. Utsch stated that he would rather rezone the area property by I property rather than rezoning the whole area and then having to go through the Special Use process after the area has been rezoned. ' Hosch made a motion to table action on the rezoning request and instruct the Planning I Commission to consider amending the B2 Zoning Ordinance requiring a Special Use Permit for development abutting a residential neighborhood. The motion was seconded by Rieke. ' , Ayes: Rieke, Hosch Nays: Utsch, Wick, Rassier I , , , Rieke stated that it is his opinion that the neighborhood in question is ready to convert to business uses. Hosch stated he would like to amend the Ordinance to require any new business within 100 feet of a Motion Failed 2:3 3 May 20, 2004 Page 4 of 8 residential area, apply for a Special Use Permit. Utsch stated that issuance of a Special Use Permit would require the Planning Commission to draft a new Ordinance. Utsch further stated that the Council can not I take parts of B 1, B2, and B3 and put them together without going through a public hearing process. Rassier stated that the City needs to decide what type of business fits a certain area and the Councii needs to follow the guidelines established in the Comprehensive Plan that was just adopted in 2003. Hosch stated that it was not his intent to deny the rezoning request, but cannot vote on the amendment to the Zoning Map in the present format. Utsch again stated that if a new zoning classification is desired, that hearing process requires approximately two months. After the Ordinance is amended, WHY USA would need to re-apply to have the property rezoned and a new public hearing would be required. Hosch stated that he would support waiving the application fee for WHY USA. Rieke made a motion to clarify where the petition came from, acknowledging that the petition before the Council to rezone certain property on Birch Street East from R1, Single Family to B2, Highway Business was initiated by the City Council. The motion was seconded by Rassier. Ayes: Utsch, Rassier, Rieke, Hosch Nays: Wick Rassier questioned the Council as to where this is going? Rieke stated that Hosch wants to change the Ordinance and he is trying to determine a method whereby the property could be rezoned 82 and the neighborhood could be protected as well. Rassier stated that the Planning Commission considered the matter before the Council and it is his opinion that the Council should not micro-manage the actions of the Planning Commission. Hosch made a motion to table the rezoning request to review the Zoning Ordinance and determine a method in which the abutting neighborhood is protected from development. Motion dies for lack of a second. I 2003 Audit: Jennifer Thienes of KDV approached the City Council. She stated that KDV is the City's Independent Auditor and presented the Council with the 2003 Annual Audit. Included in the audit is an opinion, management letter and detailed financial report. Thienes presented the Council with the following information: · The City transferred $430,000 from the General Fund to the General Capital Improvement Fund. This transfer represents budgeted capital funds which have been accumulated for more than one budget period and will be used for capital equipment purchases. Without the transfer, the General Fund would have shown an increase. · The City received a reduction in Local Government Aid in 2003 as a result of legislative actions. However, despite this loss the City still showed an increase in revenues over expenditures. This increase is due in part to the increase in building permits. · The General Fund Revenues remained fairly steady from 2002 to 2003. · General Fund Expenditures decreased from 2002 to 2003. This is a result in the purchase of a new Fire Truck, decrease in wages and professional services. · Refuse and Water funds have shown operating incomes, however the sewer fund has shown an operating loss as a result of depreciation. · As a result of such a small staff, there is a lack of segregation of A=unting duties. · The City authorized the imposition of administrative fines as a result of the loss of aid. However, during 2003 the Attorney General issued an opinion that Cities do not have the authority to charge Administrative Fines for traffic related offenses. Even though the City did not issue any Administrative Fines, the adoption of the Ordinance is considered a finding of fact. The Council must rescind the portion of the Ordinance relating to traffic citations. Minnesota State Statute 169.022 states that cities are to refrain from issuing Administrative Fines. · The City is in the process of implementing GASB 34. I 4 I I I May 20, 2004 Page 5 Of 8 i Foxmore Hollow: Bob Herges and Rick Heid are requesting approval to amendment to the Comprehensive Plan, Rezoning of Foxmore Hollow to a mix of R1, Single Family and R3 Multiple Family, a Special Use Permit to construct an apartment complex, and the Preliminary Plat of Foxmore Hollow. i Weyrens stated that the Planning Commission and City Council have already approved the amendment to the Comprehensive Plan that will allow R3 development along County Road 121. Since the property: is now consistent with the Comprehensive Plan, the Council can act on the rezoning request, which requires a petition of the property owner, boundary survey and concept plan. Both the boundary survey and : concept plan have been submitted. Weyrens stated that at this time the Council cannot act on the ' Preliminary Plat of Foxmore Hollow as the City Engineer is still reviewing the drainage requirements. I Utsch made a motion to accept the findings of the Planning Commission and rezone Outlot A of Foxmore Hollow from R1, Single Family to R3, Multiple Family. The motion was seconded by I Rassier and passed unanimously. 'I i I As a result of having incomplete plans at this time, it is recommended by the Planning Commission that the Council deny the request for Special Use Permit. As with Sand Companies, it was the I recommendation of the Planning Commission that the hearing fee be waived for the Special Use Permit after the detailed plans have been submitted. Rassier stated that it is his opinion the concept plan submitted will be a nice addition to the neighborhood along County Road 121. Rieke made a motion to deny the Special Use Request of Foxmore Hollow as sufficient information was not available. The motion was seconded by Utsch and p~ssed unanimously. Ordinance Amendment. Park Dedication Fees: The Park Board has requested ~n amendment to the Ordinance entitled, Public Land Dedication. The proposed amendment would change the method of calculation for parkland from a percentage of land value to a per lot fee. Wick spoke on behalf of the Park Board and stated that a joint meeting was held between the Park Board and the Planning Commission. The Planning Commission has approved the new method of calculation to a per lot fee which includes' trails. The proposed fees would be based on 0.78 cents of the land value. The new fee would establish the following per lot park dedication fees: For single-family homes Multi-family Commercial/lndustrial $ $ 914 975 2% of the land value Rieke questioned if the fees will change when the City completes an annual review of fees and what would create a need to increase the per lot fee. Wick stated the Park Board is in the process of establishing a Capital Improvement Plan. The fees collected should defray the cost to expand and enhance the park system. Rassier stated that he thinks this is going to be a huge increase for developers and stated his I disappointment that park dedication fees cannot be used to maintain existing parks. , i Rassier made a motion to Amend Ordinance 54.18 to adopt a per lot park dedication fee for Single Family and Multiple Family Developments. The motion was seconded by Utsch and passed I unanimously. i , Utsch stated that he would like the Planning Commission to have some opinion on the Park Dedication Fee. Hosch stated that the Planning Commission is not involved in fees, so he feels there is no need 'for them to look at the fees. Wick stated that while this may be an increase for some developments, it i$ the opinion of the Park Board that new development should pay for the additional park space that is needed. 5 May 20, 2004 Page 6 of 8 CITY ENGINEER REPORTS Feasibility Report - 16th Avenue: Bettendorf stated that all the property owners requesting service on 16'" I Avenue SE has signed a petition for annexation and have agreed to pay the cost of the improvements. Therefore, the Council must annex the property and accept the Feasibility report ordering the project. Rassier made a motion authorizing the Mayor and Administrator to execute the Resolution for annexation, annexing Thomas Schleper and Urban Schriefels. In addition, upon annexation, the property will be zoned as R1, Single Family. The motion was seconded by Wick and passed unanimously. Rassier made a motion to accept Resolution 2004-18, Resolution Declaring Adequacy of Petition and Ordering Preparation of Report. The motion was seconded by Wick and passed unanimously. Utsch made a motion accepting Resolution 2004-19, Resolution Receiving Report and calling for hearing on the Improvement for the Resolution to order improvements. The motion was seconded by Rassier and passed unanimously. Update 295'h: Bettendorf reported that seven residents have not responded to the survey as of this date. As soon as information is available it will be forwarded to the City Council for review and action. Bettendorf stated that he has had the opportunity to review the construction of a booster station to provide equal water pressure to those residents living on the top of 103'" Avenue. A booster station is similar to that of a small garage with dimensions of approximately 9 x 15. There is a possibility that the station could be located on property owned by the natural gas company. If the project on 295'" is to move forward this option will explored in greater depth. Water Svstem: Bettendorf stated that they have completed the analysis of the water system and are working on the design for the new water filtration plant. The new plant will have enough capacity to accommodate the growth of St. Joseph and hopefully a portion of St. Wendel Township. I Storm Water Manaaement Plan: Bettendorf stated that he is working on the Storm Water Plan and it should be ready for the Council shortly. The goal of the Storm Water Plan is to develop regional ponding and strategically place the ponds to accommodate growth. Countv Rd 121-Sanitarv Sewer Repairs: Bettendorf stated that he has had the opportunity to review the tapes of the repaired sewer line on County Road 121. The contractor only did the repairs that were necessary, not what they were asked to do. He has talked to the Steams County Engineer who agreed the utility installation is less than desirable. The work that was done was not what was contracted for. Rassier asked if the City should seek legal assistance on this matter. Bettendorf stated that he has a meeting with Dick and Jim to look at this and put something together. Callawav Street: Bettendorf reported that the Plans for Callaway are almost complete and are ready to be circulated for bidding. Therefore, the Council must authorize the solicitation of bids. Rassier made a motion accepting Resolution 2004-17, Approving Plans and Specifications and Ordering Advertisement for Bids. The motion was seconded by Wick and passed unanimously. MAYOR REPORTS - None COUNCIL REPORTS RIEKE _ EDA Meetina: EDA met yesterday and they discussed the marketing of the Township Industrial Park. The City has hired consultants to help facilitate development and the question has arisen as to what is the policy of the City if the City does not have appropriate land for a developer? Does the City refer leads to other agencies or jurisdictions. There was no conclusion made on what happens in this situation. I 6 I I I I May 20, 2004 Page 7 of 8 RASSIER Stearns Countv Municipal Leaque Meetinq: Rassier attended the Stearns County Municipal League meeting which was held in Sauk Center. The Stearns County Attorney was present and discussed Administrative Fines. It is the opinion of the Stearns County Attorney that Administrative Fees are effective and Cities should have the ability to issue such. Hosch stated that the Attorney General has rendered an opinion and Cities do not have the ability to issue Administrative fines. WICK Bicvcle Friendlv Community: Wick stated that St. Joseph was not accepted into the Bicycle Friendly Program for 2004. The program was competitive and only one-half of the applicants were accepted. Wick stated that City can re-apply next year. . UTSCH Birch St. _ Rezoninq: Utsch asked Weyrens to ask the City Attorney about the motions during the discussion on the re-zoning of Birch Street. Utsch questioned whether or not a rezoning request did in fact require a four-fifths vote. ADMINISTRATOR REPORTS Downtown Liqhtinq Proiect: Weyrens stated that the Council needs to look over the costs for the Downtown Lighting Project. She suggested that they discuss this at the FinancelBudget meeting that is scheduled for May 26, 2004 at 5:00 PM. ' Liquor License for LaPlavette: The owners of the La Playette are requesting a license transfer from Ll Playette Inc. to Aces' Inc. The transfer is being requested as two of the four owners no longer have I interest in the property and Dave and Sharon Aistrup are the owners. Since they were owners of the former partnership, any violations will carry forward to the new license. i Rassier made a motion to approve the Liquor License for Ace's Inc, d.b.a. LaPlayette pending I completion of the required fees and applications. The motion was seconded by Wick and passed unanimously. ' I Health Insurance: The City received the renewal rate for the employee health insurance and the new I rates reflected a 53% increase in premiums. As a result, the City employees were asked to complete a questionnaire to quote different insurance. We received quotes from Principal, Medica, and Blue Cross. Compared with the renewal rates from Principal, Blue Cross would have a monthly savings of I approximately $7,000 a month for the City. The policy that Blue Cross quoted was very similar to the . existing policy whereas the policy that Principal quoted included large deductibles and was a significant change from the current policy. The former plan of the City had a different rate for each person based on age and number of dependants. The proposed plan establishes two rates, single and family and age no longer is a factor in determining the rates. The proposed contract is for an eighteen-month period. I Rassier made a motion authorizing the Administrator to execute the contract documents between the City of St. Joseph and Blue Cross Blue Shield to provide Health Insurance to qualified I employees. The contract period is June 15, 2004 through December 31,2005. The motion was seconded by Utsch and passed unanimously. I Buildinq Official - Maintenance Facility: It is the recommendation of City Staff to hire an outside consultant to review the construction of the Maintenance Facility. The fee for the inspection will be I funded through the Building Inspection Services. Rieke made a motion to approve the hiring of an outside contractor to Inspect the recently constructed Maintenance Facility. The motion was seconded by Rassier and passed with Councilor Wick abstaining. Motio~ carried 4:0:1 , Funds Transfer: Weyrens stated that in finalizing the auditor for 2003, it was noticed that not all designated capital funds were placed in the Capital Projects fund. The majority of the transfers involve 7 ···I··'i-. May 20, 2004 Page 8 of 8 Park Dedication fees. The net effect of the transfers is a reduction to the General Fund in the amount of $ 47,427.42 and in increase in the same amount to the Capital Project fund. Wick made a motion to authorize the transfer $ 47,427.42 from the General fund to the Capital Project Fund as requested. The motion was seconded by Utsch and passed unanimously. Adiourn: Wick made a motion to adjourn; seconded by Utsch and passed unanimously. ~ct7~~í Jud Weyrens ministrator 8 I I I