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HomeMy WebLinkAbout2005 [10] Oct 20 I I I October 20, 2005 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, October 20, 2005 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: City Engineers Tracy Ekola, Joe Bettendorf, City Attorney Tom Jovanovich, Bill Barber representing Inspectron Others Present: Brian Orcutt, Jeff Taufen, Jamie Thelen, Jerry Hettwer, Dennis Stueve, Alex Vigil, Kevin Johnson, Dave Trobec, Dan Nierengarten Approve Aqenda: Rassier made a motion to approve the agenda with the following revisions: Add 4(a) Move 10(a) to 5.5 St. Joseph Relief Association (Annual Report) Trobec Liquor License The motion was seconded by Wick and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the Consent Agenda as follows; seconded by Rassier and passed unanimously. a. Minutes - Approve the minutes of September 1, 2005 b. Bills Payable - Approve check numbers 36310-36391 c. Bond Sale - Authorize the Mayor and Administrator to execute Resolution 2005-27 providing for the competitive negotiated sale of 4,595,000 General Obligation Water Revenue Bonds, Series 20050. d. FSA Agreement - Authorize the Administrator to execute the agreement with Acclaim Benefits to continue providing Flexible Spending Account services for the City of St. Joseph. e. One-Day Liquor License - Authorize a one-day liquor license for an event to be held at the College of St. Benedict on October 29, 2005. Public Comments to the Aqenda: No one present wished to speak. St. Joseph Relief Association (Annual Report): Jeff Taufen approached the Council to present the 2005 Annual Report for the St. Joseph Volunteer Fire Relief Association. Taufen stated that based on the annual report a municipal contribution is not required. However, the City and Township have agreed to annual contribute $ 3,000 if a municipal contract is not required. Weyrens clarified that the $ 3,000 is paid through the fire fund, which is split between the contracting parties. Rieke made a motion to accept the 2005 Annual Report for the St. Joseph Volunteer Fire Relief Association and authorize a municipal contribution in the amount of $3,000. The motion was seconded by Symanietz and passed unanimously. Sand Companies - Special Use Amendment: Previously, the Planning Commission and the City Council approved the Plat entitled Morningside Acres 2. At the time of approval, the plat included 18 patio homes (10 two-story, 8 one-story). Sand Companies is now requesting approval to construct all 18 units with two- story town homes. Since a Special Use Permit was issued for the original development plan, the Planning Commission conducted a public hearing to consider an amendment to the Special Use Permit. The Commission was of the understanding that the patio home development would consist of senior housing and questioned the viability of two story patio homes for seniors. Sand Companies indicated that they could not provide the required parking for rental town homes and did not agree to place senior housing in the area being discussed. After considerable discussion the Planning Commission recommended the Council approve revised special use permit allowing all two-story townhomes. October 20, 2005 Page 2 of 7 Wick made a motion to accept the recommendation of the Planning Commission and grant the I amendment to the Special Use Permit allowing the patio home portion of the plat entitled Morningside Acres 2 to be developed with two-story, three bedroom town homes. The motion was seconded by Symanietz. Jamie Thelen, Sand Companies, approached the Councilors and stated that these townhomes would remain geared towards seniors with main floor bed and bathrooms and other main floor amenities. Rassier stated that there would be no change in density. The motion passed unanimously. Trobec Liquor License: Previously, Trobec Enterprises applied for an On-Sale Intoxicating Liquor License for Trobec's Event Center located at 213 - 20th Avenue SE in St. Joseph. They currently have a lease at this facility until the end of the year, which may extend longer depending on the future use of the building. Bill Barber spoke on behalf of the City's Building Official. He stated that due to the size of the building, which is 11,780 square foot and the intended use, the maximum occupant load is 785. An inspection was completed and based on the Fire Code the property owner will be required install a fire suppression system. This is mandated by the building code and the fire code. If an inspection is done and they find something that is not up to code, a building inspector can require them to comply with the current codes. Barber also stated that the code has been a standard code since the mid 1970's when the code went into effect. Trobec questioned why he would need a liquor license, as this is an event center. In his opinion, his Minnesota Caterer's license should be sufficient. Jovanovich stated that he could not use his catering license as it is his understanding that events will be held that are open to public, similar to the operations I of a liquor establishment. Jovanovich clarified that the City is considering a temporary license until the end of the year and is also requesting that Trobec waive his rights to utilization of the Liquor Matrix in the vent of a liquor license. According to Carlbom, normally a catering license is only used when it is a one-night event, whereas Trobecs will be hosting an event every Thursday. Rassier questioned whether or not this liquor license could be held to the same matrix as other liquor establishments. According to Weyrens, this is not a viable option as they are leasing the property and they are not the property owner. The incentive to apply the regulations is not the same if you do not have a vested interest in the property. There was also some question as to how the license could be renewed. Jovanovich explained to Trobec that the City Council would have the authority to renew this license if it is requested. However, Trobec should not wait until the last day to request an extension. Rassier made a motion to approve the Liquor License for Trobec's Event Center authorizing the Mayor and Administrator to execute an Agreement between Trobec's Event Center and the City of St. Joseph outlining the terms of the license. Further, the Alcohol Matrix will only be used as a guide in the event a liquor violation occurs. All violations will be brought before the City Council for disposition. The motion was seconded by Symanietz. Discussion: Jovanovich requested that the license agreement between Trobec's Event Center and the City of St. Joseph include the fire provision stating that more than 300 occupants could be allowed if the facility is brought up to code per IBC 2(a) and IFC 903.2.1.2. The Council agreed with Jovanovich and Rassier and Symanietz agreed to include the language in the agreement presented to the Council for approval. Ayes: Nays: Carlbom, Rassier, Symanietz, Wick Rieke Motion Carried 4:1:0 I I I I October 20, 2005 Page 3 of 7 Midniqht Haulers - Exterior Requirements Variance: Weyrens stated that previously the City Council approved a development plan for Midnight Haulers. The development plan allowed for the expansion of the current facility adding 21,000 square feet of warehouse space. The Planning Commission in June spent considerable time reviewing the proposed site plan. When the plan was submitted to the Planning Commission it was not complete. However, the Planning Commission reviewed all the comments and the owner or owner representative agreed to meet all the Ordinance requirements. The comments submitted by the Building Official included the Ordinance requirement whereby all buildings facing a public street must include 25% exterior adornment. Therefore, since the proposed building face both CR 133 and 19th Avenue NE, two sides of the building needed exterior adornment. Midnight Haulers is requesting relief from the exterior requirement for the portion of the building facing CR 133. The building expansion includes installing a fence around the perimeter and any adornment added would be screened from the right-of-way. The Planning Commission determined that the purpose of the exterior adornment was to provide aesthetics on public ROW's. Since the property owner will be fencing the property with a screened fence, the exterior will not be visible, defeating the purpose of the requirement. Therefore, the Planning Commission recommended the Council grant the variance providing relief on the exterior wall facing CR 133. The action of the Planning Commission also included a contingency that if the fence is removed permanently, the exterior adornment must be added at the time the fence is removed. Wick made a motion to accept the recommendation and findings of the Planning Commission granting a variance to Midnight Haulers. The variance relieves the requirement to adorn 25% of the exterior facing CR 133 as the property will be fenced and the adornment will not be visible from the ROW. The variance is conditional and if the fence is removed permanently the adornment must be added to the building at the time of fence removal. The motion was seconded by Rieke. Discussion: Carlborn questioned whether or not the fence would still apply if the property would be sold in the future. Jovanovich advised the Council to file that on record of real property with the County. The motion passed unanimously. Midniqht Haulers - Curb and Gutter Variance: Weyrens stated that the Planning Commission considered the Variance request of Midnight Haulers to relief the perimeter curbing requirements. Weyrens stated that she had been informed that Midnight Haulers would not be proceeding with the variance request regarding the curb and gutter. Therefore, an application was not submitted. It was not until the public hearing that the City was informed they had changed their mind, now requesting a variance. Weyrens stated that Midnight Haulers is requesting relief from the curbing requirements for financial reasons. They also cited that other property owners are not required to provide the curbing, however the Ordinance was not in place when they developed their properties. The new Ordinance requirement became effective in 2003 and properties since then have been required to meet that requirement. The Planning Commission spent considerable time discussing the variance request. Due to some misunderstandings between Midnight Haulers, their Engineer, and the City, nothing was prepared for the Planning Commission meeting. Weyrens reiterated that a formal application was never received as the engineer form Midnight Haulers sent a letter stating the project will include the required curbing. Dave Potter of Midnight Haulers stated that he did not authorize the engineer to submit the letter on his behalf and he is seeking the variance on the curbing requirements. City Engineer Tracy Ekola stated that the curbing is not required for drainage, rather it is an Ordinance requirement and the property owner was notified of the requirement from the beginning of the project. In fact, the owner representative at the first Planning Commission meeting agreed to construct the required improvements. Therefore the issue at this time is simply Ordinance enforcement. Weyrens stated that the only manner in which to relieve the requirement is by granting a variance, which requires the adoption of fact of findings. The Planning Commission could not identify any findings to support the variance, as October 20, 2005 Page 4 of 7 financial reasons cannot be the reason for granting the variance. A motion was made to deny the variance due to lack of findings, however that motion failed 3:3. Since a variance requires a majority vote, the variance was denied. I Symanietz questioned whether or not other businesses have complied with this Ordinance, which Weyrens stated they had. Wick questioned the property abutting the property in question. Currently, it is a vacant field, however it may at some point be developed, which could result in issues with curb and gutter. Carlbom questioned the possibility of constructing regional pond for future industrial areas. Ekola reported that regional ponding could be an option at some point, however she re-stated that drainage is not the issue, rather it is simply a requirement of the Ordinance. Jerry Hettwer, Hettwer Realty Services, approached the Council stating that no other property owner is required to have curbing along the back-side of their property and questioned why Midnight Haulers is required to construct the curb. Carlbom stated that Bliss Media will have curb and gutter as required by Ordinance. Weyrens clarified that the City changed the Ordinance in 2003 and only properties requiring a building permit must conform with the new Ordinance. All new buildings must apply all current Ordinances including the perimeter curbing and exterior adornment. Weyrens questioned both Barber and Ekola as to what is commonly seen in other communities regarding the curbing requirements. Both Barber and Ekola reported that they see this requirement in some of their other communities. David Potter, Midnight Haulers, approached the Council. He stated that if he is required to construct the curbing the existing driveway must be replaced and he does not want to bear the additional cost. Carlbom questioned Potter as to how they would be affected if the variance were denied. Potter stated that he would need to shut down for a few days to repave the driveway. Rassier stated that in order to grant the variance, the Council must establish fact of findings and I unfortunately financial considers do not apply. As the Planning Commission could not establish findings for the variance Rassier made a motion was made to deny the perimeter curbing variance as findings for approval cannot be established. The motion was seconded by Wick. Discussion: In further discussion amongst the Councilors, Carlbom and Symanietz both stated that they would like clarification on what is considered a driveway. According to Carlbom, the class 2 turnaround areas should be curbed as well. Carlbom attempted to find some findings to support the granting of the variance. 1. He stated that in the future, the type of driveway in question could be seen as a service drive. Wick advised Carlbom that he needs to look at today, rather than look into the future. Ayes: Nays: Wick, Rassier Carlbom, Rieke, Symanietz Motion Failed 2:3:0 Weyrens advised the Council that MN Statute requires action on land use matters within 60 days of a completed application. If the City desires to change the Ordinance it cannot be accomplished within 60 days. This particular Ordinance was recommended by the EDA and any changes should be referred to them for review and comment. Once the EDA has reviewed the Ordinance the Planning Commission should consider their review. At this time a public hearing could be conducted and the Ordinance would not become effective until after publication. The process will take approximately three months. Therefore the Council must act on the request before them. Jovanovich stated that since Midnight Haulers did not formally submit an application for the curbing variance the request could be denied. The property owner could complete an application, including presented findings of fact for approval. The Council also has the option of reviewing the Ordinance for future industrial projects. Potter stated that he thought both variances could be done with the same application. I I I I October 20, 2005 Page 5 of 7 Rieke, in his opinion, does not believe that 900'+ of curbing needs to be constructed as the drainage issues can be resolved without the curbing. Rassier agreed with Rieke; however, on the other hand, stated that another developer is being required to put in curbing on their property according to the Ordinance. The Council can only act on adopted Ordinances and cannot look at future changes when making decisions. Ekola stated that when this plan came before staff for review, Wasmund checked for Ordinance compliance and determined that perimeter curbing would be required. The property owner was notified immediately of the requirement and at a public meeting agreed to construct the curbing. Barber agreed with Wasmund's findings and stated that any parking or driving area is considered part of the parking lot therefore requiring curbing. There was some question as to whether or not they could table this item for further discussion after the Ordinance has been revisited. Wick stated that he does not like the idea of tabling this because of the 60- day rule, which states that if a decision is not made within 60 days it is granted by default. Jovanovich added that others have complied with the ordinance in the past and there are others that are currently being required to comply. Rieke made a motion to deny the variance request for the relief of the curb and gutter, as there was no formal application submitted; however they can resubmit a complete application as to why the variance should be granted. The motion was seconded by Wick. Ayes: Rieke, Rassier, Wick, Symanietz Nays: Carlbom Motion Carried 4:1:0 CITY ATTORNEY REPORTS School Board Issue: Jovanovich spoke to the Council regarding the proposed school site. He stated that his firm represents Lumber One and he represents District 742. In the past, this has not been a big issue as the development agreement is standard and they are fairly consistent. However the proposed school site is fairly complex and a large amount of public funds are involved. Therefore, Jovanovich stated that his firm couldn't represent the City on the School issue. Jovanovich further stated that he contacted Jim Stromen of Kennedy and Graven to see if they would represent the City on this issue. Kennedy and Graven provide legal services for the League of Minnesota Cities and Jim Stromen is representing the City in the Meadowvale legal action. If approved, Kennedy and Graven would charge the City $ 150.00 per hour and they could have an opinion to the City by November 1, 2005. Based on the recommendation of the City Attorney, Symanietz made a motion to hire Kennedy and Graven to provide a legal opinion on the School Board Issue at a rate of $150/hour. The motion was seconded by Rieke and passed unanimously. CITY ENGINEER REPORTS Proposed 2006 Street Improvements: Previously, the City Council has ordered the Feasibility Report and held the Public Improvement Hearing for the proposed 2006 Street Improvements. Bettendorf is asking the Council to make a decision as to whether or not they want to proceed with the improvements and if they do, what potion of the project will be constructed. The feasibility report includes the reconstruction of alleys and replaced the sewer lines along the project area. Rassier made a motion to adopt Resolution 2005-26b Ordering the improvement and preparation of plans and specifications for the 2006 Street Improvement Project to include the sanitary sewer without the alleys. The motion was seconded by Symanietz. Discussion: Carlbom stated that he had some questions with regard to the replacement of the sanitary sewers and the necessity to do so. Bettendorf stated majority of the sewer lines in the project area are clay pipes. Clay pipes have a tendency to allow root protrusion causing sewer October 20, 2005 Page 6 of 7 backups. The Wastewater Operator has requested replacement of the sewer lines due to the recent sewer backups the City experienced. While sewer replacement is the best option, lining I sewer pipes is another available option. This option can be completed without digging in the rig ht -of-way. Rieke questioned the impact of not improving the sanitary sewers. According to Rassier, the worst-case scenario would be that they are not replaced and in a few years they go bad and the road needs to be tore up again adding additional costs. Bettendorf, with his expertise in this field, stated that the new materials are better and as a result there is less chance of cracking, root intrusion, etc. Carlbom stated that it might be better to just continue to monitor the sanitary sewer rather than replacing it. With regard to previous improvements, Wick questioned what was done in the past. According to Bettendorf, nothing was replaced unless it was necessary. In this case, he believes there is a low risk if the sanitary sewers are not replaced; however, it is hard to assess the costs for the future. Another issue that came up for discussion was that of 1st Avenue SE. Some residents have questioned if the City would be willing to reconsider the cost split. 1st Avenue SE is the main bus route for Kennedy Elementary School and in the opinion of the residents it is that traffic that is requiring the road to be reconstructed. Bettendorf stated that the utility must be replaced; therefore the road would be reconstructed regardless. Rassier stated that the Council is not establishing the assessments at this time. After the project is complete the Council can re-visit this issue. Wick also questioned the issue of the 4th of July Celebration and what if any impact the proposed improvement will have on the festivities. Ekola stated that they would work with the contractors to make sure that things are as neat as possible before that weekend. They could possibly go in and replace that sewer and repave the parking lot right away. I Ayes: Rassier, Rieke, Symanietz Nays: Carlbom, Wick Motion Carried 3:2:0 Rieke left at 8:45. Field Street Contract: Bettendorf explained that previously the Council executed a contract with WSB for the Field Street Corridor Study, which was anticipated to be completed in October 2005. Based on the considerable amount of public input and research of alternatives, the completion date has been delayed. WSB is requesting to extend the contract through June 30, 2006. The revised contract will reflect the cultural and environmental review that has previously been approved by the City Council. Wick made a motion to execute an amendment to the Field Street Corridor Study, Professional and Technical Services contract to extend the contract period to June 30, 2006. The motion was seconded by Symanietz and passed unanimously. 304th Street Vacation: Bettendorf reported that he has been reviewing the proposed vacation of 304th Street S. He stated that he still has some issues with the Rail Road that he needs resolved before he would recommend that the Council act on this. Wick made a motion to table this issue until the Engineer brings the matter back to the City Council for consideration. The motion was seconded by Symanietz and passed unanimously. ISD 742 Improvements: Bettendorf stated the Council previously approved the completion of the I feasibility report to provide utilities to the proposed school site. For bonding purposes the City needs to approve the resolution ordering the Preparation of the Feasibility report and include the provision whereby the cost of the study will be reimbursed through the assessments. I I I October 20, 2005 Page 7 of 7 Wick made a motion to approve Resolution 2005-28 Ordering the preparation of report for ISO 742 Improvements contingent upon the City recouping the costs of the report from the benefiting property owner at the time of the assessments. The motion was seconded by Symanietz and passed unanimously. MAYOR REPORTS Stearns Municipal Leaque Meetinq: Mayor Carlbom reported that the entire City Council attended the Stearns Municipal League Meeting at the Fire Hall. COUNCIL REPORTS SYMANITZ - No Report WICK Park Board: Wick reported that the Park Board has completed their Capital Improvement Plan and it will be included with the budget. RASSIER - No Report ADMINISTRATOR REPORTS Cable Franchise Transfer: Weyrens reported that the City has been asked to retain Miller & Van Eaton to negotiate the cable franchise transfer for Seren Innovations (Astound) by Charter. Wick stated that the purpose of retaining Miller & Van Eaton is to protect the City's rights. Wick made a motion to approve Resolution 2005-29 Retaining Miller & Van Eaton to negotiate the transfer agreement between Charter and Seren Innovations on behalf of the City of St. Joseph. City/Township Joint Meetinq: Weyrens reminded the Council of the Joint Public Hearing with the St. Joseph Township to amend the boundaries and clarify the language in the Orderly Annexation Agreement. Water Rates: Weyrens stated that the Council needs to set a time to review the proposed 2006 water rates. The meeting is scheduled for November 2, 2005 at 6:30PM. Wick made a motion to adjourn; seconded by Symanietz and passed unanimously.