HomeMy WebLinkAbout2019 [04] Apr 15 April 15, 2019
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Monday, April 15, 2019 at 6:00 PM at the St. Joseph Government Center, opening with the pledge of
allegiance.
Members Present: Mayor Rick Schultz. Councilors Anne Buckvold, Brian Theisen, Bob Loso, Troy
Goracke. Administrator Judy Weyrens.
City Representatives Present: City Attorney Tom Jovanovich, City Engineer Randy Sabart, Police Chief
Dwight Pfannenstein, Public Works Director Terry Thene, Community Development Director Therese
Haffner, Finance Director Lori Bartlett
Others Present: Paul Orvis, Keith Simon, Amy Braig-Lindstrom, Rich Schwegel, Aaron Rieland, Amber
Walling
Public Comments: Amy Braig-Lindstrom, 20 3"'Ave SE: Braig-Lindstrom approached the Council to
thank City staff for their services and to thank the Police Department for their presence on CSBISJU Case
Day. Braig-Lindstrom stated that if there is not going to be a Park Board, then the City should have a park
department to manage the City's many parks. Braig-Lindstrom requested the Council approve the
painting of a crosswalk on MN Street at 4'h Avenue to allow pedestrians to safety cross to access Casey's
and the Fire Hall. Braig-Lindstrom added that the people are driving over the 30 MPH speed limit on MN
Street heading east and suggested additional signage making drivers more attentive to the speed they
are driving. Lastly, Braig-Lindstrom believes the Community Center should be done in stages and
believes it would receive more funding if one project or area were to be completed at a time.
Approve Agenda: Loso made a motion to approve the agenda; seconded by Theisen and passed
unanimously.
Consent Agenda: Loso made a motion to approve the consent agenda; seconded by Goracke and
passed unanimously.
a. Minutes—Approved the minutes of April 1, 2019.
b. Bills Payable—Approved check numbers 054534-054590, Payroll EFT#111662-111668 and
Accounts Payables EFT#001872-001877.
c. Treasurer's Report—Accepted the 15t Quarter and March 2019 Financial Reports as presented.
d. Donations—Accepted the donations and their purposes as presented.
e. Transfers—Authorized the transfers as presented.
f. Rezoning from L-I Light Industrial to B-2 Business—Authorized the Mayor and Administrator to
execute Resolutions 20109-028, 2019-029, and 2019-030 Adopting Findings of Fact,amending
Ordinance 502, and authorizing summary publication.
g. Conditional Use Permit—Authorized the Mayor and Administrator to execute Resolution 2019-031
Adopting the Findings of Fact and approving CUP.
h. Variance, Industrial Park—Authorized the Mayor and Administrator to execute Resolution 2019-
032 Adopting Findings of Fact and approving a variance.
i. 2020 Census Partnership—Authorized the Mayor and Administrator to execute Resolution 2019-
027 Supporting the 2020 Census Partnership.
Public Hearinq, Outdoor Special Events—Sal's Bar&Grill and Church of St. Joseph:Weyrens stated she has
received to outdoor permit applications for events that extend beyond 10:00 PM. The St. Joseph tiquor
Ordinance includes a provision to permit outdoor events. If the event extends beyond 10:00 PM a public
hearing is required with notification mailed to surrounding property owners and each license holder is limited
one such event each license period.
The first event has been submitted by SaPs Bar and Grilt for the CSB Alumni reunion scheduled for June 22,
2019. This event has been held annually without problems. The Police Chief has reviewed the application and
has recommended approval contingent upon the hiring of one off duty police offcer and double fencing of the
outdoor event space.
Schultz opened the public hearing for the Outdoor Special Event at Sal's Bar on June 22, 2019.
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Weyrens stated that written testimony was received from resident, Mary Schaefer. Schaefer stated she is
supportive of the outdoor special event at Sal's Bar.
Loso made a motion authorizing the Mayor and Administrator to execute the Temporary Outdoor
Liquor License for Sal's Bar&Grill for an event to be held on June 22, 2019 between 8:00 PM—
Midnight with the contingencies identified by the Police Chief..The motion was seconded by Schultz
and passed unanimously.
Weyrens stated the second event is the Church of St. Joseph for their annual concert scheduled for July 3,
2019.
Schultz opened the public hearing for the Outdoor Special Event at the Church of St. Joseph on July 3, 2019.
Rich Schwegel, 32904 November Drive: Schwegel approached the Council as the Concert Committee Chair of
the event. Schwegel stated that as in previous years, the Church has reached out to owners in the surrounding
area, offering hotel stays due to the noise. Schwegel amended the road closure request for July 3`d to begin at
noon rather than 2:00 PM as indicated on the application and amended the application for the July 4`h road
closure to 11:00 AM rather than 10:00 as indicated on the application.
Schwegel stated he has worked with a resident on her concerns about the concert and witl be personally
responsible for the rec�uests made that the Church can control. Schwegel stated he will be there for the resident
on both July 3`d and 4� .
New this year is the Emergency Evacuation Plan. The Plan prepares staff and those working the event in case
any emergency type situations should occur.An outside security company has been hired and there will be St.
Joseph PD and Stearns County Law Enforcement present.
Weyrens stated staff received written testimony from Mary Schaefer, 100 MN St E, regarding the Church of St.
Joseph Outdoor Event. Schaefer's letter stated she is thankful of Rick Schwegel for his efforts in addressing
the concerns she has had over the years. Schaefer acknowledges that some of her concerns may be more
then what one person or Church can solve. Schaefer suggested having a shuttle service to and from the
festival to eliminate the parking issue in downtown.The event is noisy as amplified music is played into the
night. Schaefer noted the decibel level last year was decreased but requested that it be decreased further.The
party atmosphere is not contained to the fenced area as there are other establishments who serve alcohol.
Schaefer requested having additional police presence.
As no one else present wished to speak, Schultz closed the public hearing.
Goracke stated the festival gets bigger every year and something needs to be done about the amount of
garbage that affects the neighboring residents. Goracke added he has been hearing the same concerns from
the same residents the past three years.
Loso stated that he has gone to the event for many years and the attendance is majorly dependent upon the
weather. Loso stated there are always going to be people upset with how the event is ran, however the entire
event is ran by volunteers. In regards to cleanup, Loso stated it happens rather quickly.Two days later,you
cannot tell an event was held.
Theisen stated the event is good for the City as there are many people that come from out of town that spend
money in the local businesses.
Schwegel approached the Council stating that the Council has to look at the cost benefit of the event.
Schwegel noted that no matter how the event is ran, there will always be someone that is upset. Schwegel
doesn't want to discredit those unhappy with the event; however, he believes that every business in town
benefits from the 4"'of July celebration.
Weyrens stated the she and Police Chief have met with Church representatives ta discuss the management of
the event to include an evacuation plan. The Police has reviewed the application and is recommending
approval contingent upon the hiring of ten (10) police officers assigned to the grounds,to include the St.
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Joseph O�cers, additional handicap parking, staging of an ambulance, monitoring of noise and cleanup of the
site when the event is finished.
Goracke made a motion authorizing the Mayor and Administrator to approve the Temporary Outdoor
Liquor License for the Church of St.Joseph for an event to be held on July 3,2019 between 6:00 PM
and Midnight,to include the contingencies identi�ed by the Police Chief and to approve the temporary
road closures for July 3 and July 4, 2019.The motion was seconded by Theisen and passed
unanimously.
Noise Violation, 109 College Ave N:Weyrens stated the property at 109 College Ave N was issued a noise
violation for an event that occurred on April 4, 2019.The notice was delivered to the property owner, Dale
Schneider, he has not requested an evidentiary hearing.
Loso made a motion acknowledging that a noise violation did occur at 109 College Ave N on April 4,
2019.The motion was seconded by Buckvold and passed unanimously.
Loso made a motion imposing a fine of$500.00 to the property at 109 College Ave N for the noise
violation that occurred on Apri14,2019.The motion was seconded by Schultz and passed
unanimously.
Bad Habit—Permanent Outdoor Lipuor Area: Bad Habit purchased the former City Hall at 25 College Ave N
and have repurposed the building for their brewery. The project includes a patio area which is required to be
fenced by Ordinance. Ordinance 701.15 subd 5 requires the fence to be six feet in height. Bad Habit is
proposing a four foot fence with three feet of landscaping around the entire exterior to provide an additional
barrier.
Staff reviewed the area City's'ordinances and no other city has the six foot fence requirement. In checking the
existing outdoor fenced areas, Bello Cucina's fence is 3'9"and includes trees to add some additional buffer.
Staff has drafted an amended ordinance that would change the Permanent Outside Ordinance removing the six
foot fence requirement and adding language that is consistent with other cities.
The Outdoor Liquor Permit would need to be applied for yearly and it is not a guaranteed approval. In addition
the revised Ordinance language requires a fee for application. Since the Ordinance must be placed on the City
website for 10 days prior to adoption, staff is not requesting approval at this meeting; rather input. Additionally,
since Bad Habit will be opening before the Ordinance can be adopted and published,they are requesting
authorization to utilize snow fencing for the patio until the Ordinance is acted upon by the Council. General
consensus of the Council was to move forward with the Ordinance Amendment process and the
amendment will be up for approval on May 6'n
Loso made a motion granting a temporary outdoor liquor permit to Bad Habit to allow for the outdoor
patio with snow fencing at a height of four feet. The motion was seconded by Buckvold and passed
unanimously.
Engineer Reports, 2019 Street Improvements: Sabart requested the Council authorize the advertisement
for bids for the 2019 Street Improvement. The project will be bid as a base bid with alternates and the
council can approve the project with or without those alternates.
Schultz stated he would like to see Jade Road removed from the project or at the minimum bid as an
alternate. Loso and Buckvold disagreed with Loso and stated that the road is in dire need of
improvements and remain in the project scope.
Buckvold questioned what it woutd take to add painting a crosswalk on MN Street at 4t"Avenue as it is a
busy intersection for pedestrian traffic. Sabart stated he could get the pricing impact of striping the
crosswalk at 4th Ave SE & MN Street and bring it back to the next meeting.
Loso made a motion authorizing the Mayor and Administrator to execute Resolution 2019-033
Approving Plans and Specifications and Ordering Advertisement for Bids for the 2019 Street
Improvement Project; listing the improvements to Jade Road as an alternate; and adding pricing
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for the crosswalk striping at the intersection of 4t"Ave SE and MN St E. The motion was seconded
by Schultz and passed unanimously.
Administrator Reports Cable Access Equipment: Weyrens stated when the City moved into the
Government Center all of the cable access equipment was upgraded from an ana�ogue system to a digital
system. After using the system for two years, the City had Touchpoint Logic come and audit the system to
see what can be done better. After looking at the system, the following changes are proposed:
1. Currently the control desk has no control if a member turns their mic off. This is becoming more of
a problem. The only way to fix the problem is to come out and ask to turn the mic on. The
proposat would add new mute buttons which will have better controls and access in the control
room. It would also include adding some speakers to the Council dais so when at the dais you
can hear better.
2. While the facility was designed to allow the lobby and multi-purpose room to function as an
overflow, it was not designed to add sound or have controls in the multi-purpose room. The
proposal would be to allow speakers in the lobby and would add controls in the multi-purpose
room.
3. The final piece is to tune, batance, and update the system. Touchpoint will also add a shock
absorber to the overhead projector so that it does not vibrate due to the HVAC system.
The project would be funded through the Cable Access funds. The funds are restricted and can only be
used for cable access purposes. The current fund balance is$5,926 and the City receives about$7,328
per year. Based on the project revenue, the City could advance fund the improvement with the project
funded by the end of 2020.
Loso made a motion authorizing the modifications to the Cable Access equipment, advancing
funding the improvements with the project funded by the end of 2020.The motion includes
removing the improvement of having sound added to the lobby. The motion was seconded by
Buckvold.
Discussion: Schultz stated he does not see value in upgrading the system to have sound in the
lobby, but was in favor of the other proposed changes. Schultz added he would like to see what the cost
would be to have a yearly maintenance update done on the system.
Ayes: Schultz, Buckvold, Loso, Goracke
Nays: Theisen Motion carried 4:1:0
Administrator Reports, Conduit Debt: The City has been requested to allow for issuance of conduit debt
for the Country Manor Project. Conduit debt is limited-obligation revenue bonds or similar debt
instruments issued for the purpose of providing capital financing for a specific third party. Even though the
bonds bear the name of the City, the City has no obligation for the debt. Staff has worked with the City
bond counsel and bond advisor regarding the issuance. The City fee schedule includes the fee for conduit
debt as$50,000 and a $3,000 application fee. The fee allows the entity to use the City's name for tax
exempt bonds. The only downside is the increase in interest rate charges; however, those wil! be paid by
Country Manor as well.
Makor Reports: Mayor Schultz reported on the following:
• Schultz met with the AD of Kennedy Community Schools regarding community activities that will
take place at the school.
• Schultz will be attending the CGMC meeting at the St. Cloud times regarding the childcare
shortage.
Adiourn: Goracke made a motion to adjourn at 7:08 PM; seconded by Theisen and passed
unanimousl�
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