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5-26-09 City Council Meeting Minutesdoc - Sauk Rapids -- Welcome

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5-26-09 City Council Meeting Minutesdoc - Sauk Rapids -- Welcome Powered By Docstoc
					                                      REGULAR MEETING
                                SAUK RAPIDS CITY COUNCIL
                           City Hall Council Chambers, 115 2 nd Ave N.
                                      Tuesday, May 26, 2009
                                             6:00 PM
                                           MINUTES

6:00 PM

1.     Call to Order and Pledge of Allegiance
Mayor Campbell called the meeting to order at 6:00p.m. Members present: Brad Gunderson, Paul
Weber, Jared Gapinski, and Dave Saunders. Others present: Tim Sime, City Attorney, Ross Olson,
City Administrator, Todd Schultz, Community Development Director, Perry Beise, Police Chief,
Terry Wotzka, City Engineer, and Dana Furman, Administrative Assistant.

2.    Additions or Changes to the Agenda
Councilperson Weber requested to add graduation comments as agenda item 12. Councilperson
Gapinksi requested to add a Speed Sign Discussion for County Rd. 1 as agenda item 11-C. Mayor
Campbell requested to add Changing the Joint Planning Board Membership as agenda item 10-A.

3.    Approve the Agenda
Motion: Moved by Councilperson Weber and seconded by Councilperson Saunders to approve the
Agenda as amended. Motion carried unanimously.

4.     Approve Minutes
       A. 5-11-09 Regular Meeting Minutes
Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve
the 5-11-09 Regular Meeting Minutes. Motion carried unanimously.

5.   Receive and File
None

6.       Mayor’s Communications
        Minnesota Raw Power Federation State Bench Press Winner, Daniel Cote & Jason
         Adamski—Mayor Campbell recognized Daniel Cote and Jason Adamski for setting the
         State Bench Press Record for the Minnesota Raw Power Federation. Cote and Adamski are
         both volunteer firefighters for the City of Sauk Rapids.
        “Grandma Marge” Johannes—Mayor Campbell noted that he had the privilege to
         recognize Marge Johannes (also known as Grandma Marge) as the second recipient of the
         Extra Mile Award. Mayor Campbell said that he was invited by Pleasantview Elementary
         School staff to attend the festivities this morning in which Grandma Marge was honored on
         her 90th birthday. Grandma Marge has been a volunteer at Pleasantview Elementary or
         within the school district since 1986. Mayor Campbell noted that Grandma Marge is a
         phenomenal woman who at 90 years of age still drives herself to Pleasantview Elementary
         every day for her 4 hours of volunteer work.
        Ms. Sauk Rapids Candidates—Mayor Campbell noted that he and a few members of the
         City staff were able to spend a night with the Ms. Sauk Rapids candidates last week. He

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         said that the purpose of last week’s meeting was to give the candidates a brief overview of
         local government. Mayor Campbell noted that the candidates asked well thought out
         questions and were a joy to meet.
         Rapid River Days—Mayor Campbell reminded residents that Rapids River Days is only a
         month away. He provided an overview of the upcoming Rapids River Days events, which
         are as follows: Thursday, June 25 th Ms. Sauk Rapids Pageant, Friday, June 26 th Rapids River
         Days Parade, and Saturday, June 27 th Rapids River Food Fest. Mayor Campbell encouraged
         all residents to attend Rapids River Days.

7.      Audience Items/Visitors
        Total Time Limit 10 Minutes for Items NOT on the Agenda
John Pearson, St. Cloud Area Association of REALTORS, presented a PowerPoint presentation
created by the St. Cloud Area Association of REALTORS. Pearson stated that 2009 is a year of
opportunity. He noted that 2009 will bring a favorable economic backdrop, unleashing of pent-up
demand, declining inventories, increased stability in financial markets, plentiful mortgage funding
for qualified borrowers, safer and affordable mortgage products, and REALTORS and contractors
building communities. Jim Green, Central MN Builders Association, reviewed the benefits of home
ownership, facts about home ownership, facts about the current St. Cloud Area Market,
opportunities in today’s market, local cost of living in terms of housing. Deb Jensen, representing
the Mortgage Lenders in the St. Cloud area, discussed the 30 year historical rates, home mortgage
options, $8,000 tax credit, and keys to home ownership. Pearson thanked the efforts of the
following: St. Cloud Area Association of Realtors, Central MN Builders Association, lenders, title
companies, City planners, appraisers, legislators, St. Cloud Area Chamber of Commerce, and the St.
Cloud Area Economic Development Partnership.

Mayor Campbell questioned the presenters as to their thoughts on the impact that the North Star
Rail may have on the area if the plan to extend the North Star Rail to the St. Cloud area becomes a
reality. Pearson stated that the connection to the North Star Rail will be very beneficial to residents
in the area because the St. Cloud area is already a desirable area in which to live thanks to its
proximity to the lakes and rivers.

8.      Public Hearings
     A. Applicant                                     Purpose
     VL Development, LLC                              To consider an annexation petition and
                                                      preliminary plat application for 899 Golden
                                                      Spike Road Northeast in the City of Sauk
                                                      Rapids.
                                                             1. Open Public Hearing
Todd Schultz noted that staff is requesting that the Council continue the public hearing for VL
Development, LLC at the June 8 th City Council meeting.
                                                             2. Close Public Hearing
Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson
to continue the public hearing at the June 8th City Council meeting. Motion carried unanimously.

B. Applicant                                  Purpose
Church of Sacred Heart                        To consider a variance application to allow the
                                              Applicant to plat an existing cemetery on parcel

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                                                19.00046.03 with inconsistencies to the ordinance
                                                Platting requirements and preliminary and final
                                                Plat application for the property located in the
                                                City of Sauk Rapids.
                                                               1. Open Public Hearing
Todd Schultz advised the Council that the Church of Sacred Heart is applying to plat the cemetery
and requires variances to do so since the subdivision code requirements do not apply uniformly to
this type of request. Schultz said that the application indicates no physical changes on the property
or changes in the use. He noted that the applicant is applying for preliminary and final plat approval
simultaneously. The Subdivision Regulations outlined in City Code Chapter 12 are intended to
safeguard the City’s interests and to assist the subdivider. Schultz said that the applicant is
requesting variance from Section 12.06 since the cemetery is in nature a semi-public parcel which
does not require infrastructure improvements. He noted that required easements would conflict
with existing and future grave sites. Schultz stated that there was room however to include a five
foot drainage and utility easement on the west side of the property. Schultz stated that 33 feet of
right-of-way has been dedicated on 4 th Street North. Schultz commented that as the regulations are
geared to be residential, commercial, and industrial development, staff considers this to be a
reasonable variance request and recommends approval. He noted that staff is recommending
preliminary and final plat approval being that this is an existing use and no physical changes are
proposed. Schultz noted that staff and the Planning Commission is recommending approval of the
variance and plat.

Mike Salaski, 611 5th St. S., shared with the Council pictures of what the cemetery in its current
state looks like without a wall in place to prevent the cemetery and visitors to the cemetery from
dumping trash and debris down the hill. Salaski stated that his property neighbors Sacred Heart
Cemetery and he is very concerned with the fact that either the cemetery or visitors are using the
fact that there is no wall in place to their advantage by dumping garbage and debris down the hill.
Salaski said that he has erosion concerns. He said that he is requesting that the Council put some
conditions in place regarding this problem, like a retaining wall or terrace. Salaski noted that he
would like see more preventive measures taken to create a buffer and prevent this problem from
continuing.

Bob Zwolkey, Business Manager for Sacred Heart Church, stated that he was not aware of all of the
issues brought forward. Councilperson Gapinski said that after he was contacted by Mr. Salaski he
visited the cemetery and it is obvious that someone is pushing debris over the side of the cemetery.
Zwolkey said that Sacred Heart Cemetery is merging with Assumption Calvary cemeteries and with
this merger the leftover soil from new grave sites will be removed.

Mayor Campbell questioned whose property the debris is on and if the debris is being pushed on to
Mr. Salaski’s property. Salaski said that the debris is on the cemetery’s property at the present time,
but it is very visible from his property.

 Zwolkey said that he would like to offer some assurance that as the merger takes place this issue
that Mr. Salaski has brought to his attention will be resolved. He noted that he would like to request
that the council look at what the current request for action is in that the debris issue that has been
brought forward is a whole different issue than what the Council is being asked to decide upon.


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Todd Schultz noted that what the pictures display in terms of debris and littering are issues with the
City Code, and so if necessary the City can assist in helping to get this issue resolved.

                                                             2. Close Public Hearing
Motion: Moved by Councilperson Gunderson and seconded by Councilperson Gapinski
to close the public hearing. Motion carried unanimously.
                                                             3. Consider Action
Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve
a resolution adopting findings of fact and approving the variance requests to deviate from the
subdivision requirements for the Sacred Heart Cemetery in the City of Sauk Rapids.

Discussion: Councilperson Weber asked if Roger Schotl’s concern listed on the staff comments has
been addressed. Todd Schultz noted that the question had been answered and it was not germane to
the topic.

Motion carried unanimously.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve
a resolution approving the preliminary plat of Lot 1, Block 1, Sacred Heart Cemetery in the City of
Sauk Rapids.

Discussion: Mayor Campbell stated that he wants to see that staff gets involved in working out the
debris issues between the two neighbors to see that there is satisfaction on both sides. Mayor
Campbell also noted that if anyone from the public sees another person dumping waste at the
cemetery that they call the Police Department.

Motion carried unanimously.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve
the resolution approving the final plat of Lot 1, Block 1, Sacred Heart Cemetery in the City of Sauk
Rapids. Motion carried unanimously.

C. Applicant                                      Purpose
Park Gardens Apartments
Partnership, LLP, dba Ridgeview Place               To consider an annexation petition and
                                                    preliminary plat application for 899 Golden
                                                    Spike Road Northeast in the City of Sauk
                                                    Rapids.
                                                                1. Open Public Hearing
Todd Schultz advised the Council that Ridgeview Place is applying to amend their original
Conditional Use Permit (CUP) to increase the number of units from 43 to 57 by constructing an
addition to their existing facility at 1009 10 th Avenue Northeast, which requires the accompanying
site plan application. Currently, the project site consists of two parcels which will be combined.
Schultz said that the land was annexed in 1997 and the supportive care use started in 1998.

Schultz noted that staff does not believe this addition will significantly increase traffic impacts or
adversely impact the neighborhood and recommends approval of the CUP and site plan under the

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conditions required by the ordinance. Schultz advised that staff is requesting approval of the CUP
by resolution and approval of the site plan by resolution on the following conditions:
   a) The storm water from the pond outlet shall not create ruts on adjacent property.
   b) The pond shall be designed so that discharge is piped directly to the stormwater pond on Lot 9, Block 1 of
      Ray-Al-Acres.
   c) The pond shall be designed to maintain the existing runoff conditions for the 2, 10, and 100 year rain events.
   d) The applicant shall remove the gravel approach north of the driveway and grade ditch to drain.
   e) The applicant shall install tracer wire from manhole to building on the sewer service per City specifications to
      be coordinated with the Public Works Department.
   f) The applicant shall install a manhole at the bend of existing sewer service.
   g) The applicant shall install casting seal on sanitary sewer manhole.
   h) The addition shall be assigned a separate street address.
   i) The applicant shall include a 10 foot safety ledge on the storm water pond.
   j) The applicant shall revise the design and details for the outlet pipe at a flatter grade to be approved by the City
      Engineer.
   k) All lighting shall be directed up or down and be kept on site.

Councilperson Weber asked if there was a plan for a new side walk with this addition as it was
required with Journey Home. Schultz said that Journey Home was required to add a sidewalk, but
there is no sidewalk requirement with the Ridgeview Place addition. Tim Sime noted that the
question of whether or not a sidewalk would be required really comes down to whether or not the
sidewalk is warranted due to the expansion. Sime said that for Journey Home the sidewalk was
warranted due to the mothers with young children that would be living at Journey Home and due to
the residence’s close proximity to the parks the sidewalk requirement allowed access to the parks.

Councilperson Weber questioned if the addition would warrant park fees to be charged, Schultz said
that the property received its final plat before the park fees went in to effect.
                                                               2. Close Public Hearing
Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to close
the public hearing. Motion carried unanimously.
                                                               3. Consider Action
Councilperson Gunderson questioned if there will be two separate entrances for Metro Bus. Schultz
said that he believes that the addition was constructed to accommodate buses.

Motion: Moved by Councilperson Weber and seconded by Councilperson Gapinski to approve a
resolution approving Park Gardens Apartments Partnership’s request for a Conditional Use Permit
(CUP) allowing an increase in units at Ridgeview Place in the City of Sauk Rapids with the noted
conditions/requirements.

Discussion: Councilperson Weber commented that the additional plantings of trees near
intersections can sometimes create a blind spot for drivers. Councilperson Weber noted that his
comments were in relation to the additional trees included on the landscaping plan. Todd Schultz
noted that the additional plantings will not be by the intersection.

Motion carried unanimously.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve
a resolution approving the site plan of Park Gardens Apartments Partnership, LLP for development
to be known as Memory Care Addition located at 1009 10 th Avenue Northeast; and setting forth

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findings of fact, in accordance with requirements of the City zoning ordinance with conditions A-K.
Motion carried unanimously.

D. Applicant                                   Purpose
City of Sauk Rapids                           To consider an amendment to ordinance sections
                                              10.17, 10.17A, 10.17B, and 10.17C regulating
                                              conditional use permit, interim use permit,
                                              rezoning, and variance appeals in the City of
                                              Sauk Rapids.
                                                               1. Open Public Hearing
Todd Schultz noted that it has come to staff’s attention that the Land Use Code does not provide a
clear number of days for the right to appeal the Council’s decision on a Conditional Use Permit
(CUP), Interim Use Permit (IUP), Rezoning, or Variance. Schultz stated that after studying other
area ordinances, staff believes that allowing applicants 30 days from the date a decision is made to
appeal that decision is reasonable. Schultz noted that the Planning Commission is recommending
approval of the language presented.
                                                               2. Close Public Hearing
Motion: Moved by Councilperson Saunders and seconded by Councilperson Weber to close the
public hearing. Motion carried unanimously.
                                                               3. Consider Action
Councilperson Gunderson questioned where the 30 days came from. Todd Schultz said that the
County Statute dictates a process in which 30 days is used for the appeal process. Councilperson
Gunderson said that he felt that 30 days was a long time and he would suggest two weeks.

Motion: Moved by Councilperson Weber and seconded by Councilperson Gapinski to approve an
ordinance amending Ordinance Section 10.17, 10.17 A, 10.17B, and 10.17C to regulate Conditional
Use Permit (CUP), Interim Use Permit (IUP), Rezoning, and Variance appeals in the City of Sauk
Rapids. Motion carried unanimously.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve
the Summary of Publication by Resolution. Motion carried unanimously.

E. Applicant                                   Purpose
City of Sauk Rapids                           To consider an amendment to ordinance sections
                                               10.12B, 12.04, and 12.05 regulating the platting
                                               process for commercial, industrial, and multi-
                                               family uses in the City of Sauk Rapids.
                                                              1. Open Public Hearing
Tim Sime noted that attached to the Request For Action are several ordinance changes that would
require the platting of property intended for Commercial, Industrial, and Multi-Family uses, and
would require that the planning be done before a developer requests site plan approval for the
property. Sime said that the ordinance changes would also prohibit properties guided as
Commercial, Industrial, and Multi-Family in the City’s comprehensive plan from requesting an
administrative subdivision, rather than being platted.

Sime stated that the reason for the proposed ordinance change is to make sure that these types of
properties will be developed in a manner that allows the City to properly administer issues relating

5-26-2009                                                                                          Page 6
to these properties, which are often developed for multiple users. Sime noted that the importance of
these types of issues have become apparent to staff recently as the City has dealt with matters such
as the planned development of a large commercial area for multiple users and even the
redevelopment of a property within an industrial park. He noted that even in rare ca ses where an
entire commercial or industrial property is developed for a single user and therefore platted as a
single parcel, the platting requirement will ensure that necessary drainage and utility easements are
properly located and recorded. The administration of property tax and land issues more efficient for
the City if parcels are platted rather than relying on old metes and bounds descriptions. Sime said
that Legal has discussed with staff that this may be particularly helpful and important for
Commercial, Industrial and Multi-Family properties, which often involve development for multiple
users.

Sime advised that the proposed ordinance would only require platting of these properties if only a
metes and bounds legal description exists. It would not require re-platting of property that has
already been platted. Sime said that properties within the downtown area that already have a lot and
block legal description would not need to be re-platted before seeing site plan approval or
redevelopment. Sime stated that the Planning Commission recommends approval of the described
language.
                                                             2. Close Public Hearing
Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson
to close the public hearing. Motion carried unanimously.
                                                             3. Consider Action
Councilperson Weber questioned if there were any metes and bounds descriptions in the D-1 or
agricultural district. Tim Sime said that there would be no need to do anything with the agricultural
district and that properties in the downtown area that already have a lot and block legal description
would not need to be re-platted before seeing site plan approval or redevelopment.

Motion: Moved by Councilperson Weber and seconded by Councilperson Saunders to approve an
ordinance amending ordinance sections 10.12B, 12.04, and 12.05 regulating subdivision in the City
of Sauk Rapids. Motion carried unanimously.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve
the Summary of Publication by Resolution. Motion carried unanimously.

9.      Consent Agenda
     A. Approve 2009 Plumbing Contractor License
     B. Approve and Adopt a Resolution Authorizing the Sauk Rapids Baseball Association to
        Conduct Off-Site Gambling
     C. Approve and Adopt Resolution Approving Temporary 3.2 Beer License for the Benton
        County Agricultural Society
     D. Approve Modified Job Description and Adjusted Salary

Motion: Moved by Councilperson Gapinski and seconded by Councilperson Gunderson to approve
consent agenda items A-D. Motion carried unanimously.

10.     Regular Agenda
        A. Change of Membership for Joint Planning Board

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Mayor Campbell noted that he currently is the representative for the Sauk Rapids Township and
Minden Township Joint Planning Board Meeting with Councilperson Gapinski being the alternate
for the Sauk Rapids Township. Mayor Campbell noted that due to scheduling conflicts he would
like to request that Councilperson Gapinski become the primary for both the Sauk Rapids Township
and Minden Township meetings with Mayor Campbell being the alternate for the Sauk Rapids
Township.

Motion: Moved by Mayor Campbell and seconded by Councilperson Saunders to change the
membership of the Joint Planning Board to make Councilperson Gapinski the primary
representative for Sauk Rapids Township and Minden Township with Mayor Campbell being the
alternate for Sauk Rapids Township effective immediately. Motion carried unanimously.

11.     Other Staff Items
    A. Quiet Zone Update
Terry Wotzka said that staff along with legal is still reviewing the agreement sent from Burlington
Northern Santa Fe (BNSF) regarding the establishment of the quiet zone on the City’s south end.
Wotzka said that the plan is to have City staff along with legal sit down with BNSF’s legal team to
hammer out the details of the agreement. Wotzka said that the mutually agreed upon agreement
will be brought back to the Council as soon as all of the details are worked out.

Mayor Campbell questioned if BNSF has legal counsel somewhere in the State. Wotzka said that
there is a legal counsel out of Minneapolis and the plan would be to meet in Sauk Rapids if at all
possible.

Councilperson Gapinski stated that he had heard from someone on the north end of town that the
train horns are still blowing. Wotzka said that he was aware of the train horns blowing while the tie
replacements were being done on the railroad.

Mayor Campbell reminded residents that at any time that the railroad determines that there is a
danger they have the right to blow the train whistle.

    B. Golden Spike Corridor Development Committee
Ross Olson said that staff would like to see a Golden Spike Corridor Development committee
created. Olson said that currently there is no such committee and the purpose of the proposed
committee would be to brainstorm how to best market this area to the best interest of the City. This
committee will be assigned the task of how to best develop the Golden Spike Corridor. Olson said
he envisions the group being made up of two members from the Council and two members from the
HRA as well as City staff and consultants.

Mayor Campbell questioned if County representation or township representation and potentially
ISD 47 would also be involved. Olson said if appropriate these groups are always brought in and
their comments are welcomed.

Mayor Campbell said he trusts the judgment of staff as to how the proposed committee should be
made up. Olson said he sees this as a special project committee, which would stay intact until the
project is completed.


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Councilperson Gapinski and Councilperson Gunderson volunteered to serve on the Golden Spike
Corridor Development Committee.

Councilperson Weber questioned if a corridor committee already existed. Schultz said that there
was talk about creating a gateway committee but no committee was ever officially created.

   C. Speed Sign Discussion for County Rd. 1
Councilperson Gapinski stated that he would like to see a speed sign posted on County Road 1
behind Mimbach Fleet. Councilperson Gapinski said that he lives near this road and is concerned
with the absence of a speed sign and what this means for other motorists and pedestrians.

Terry Wotzka said that if a speed study was not done in this area the County could possibly conduct
a speed study.

Mayor Campbell requested that Wotzka get in touch with Bob Kozel at Benton County to discuss
the potential for a speed sign or speed study.

12.    Other Council Items and Communications
A. Graduation Comments
Councilperson Weber congratulated the senior class at Sauk Rapids-Rice High School on
graduating and requested that in the future City staff is mindful of the Sauk Rapids-Rice High
School graduation date and attempt to schedule the City Council meeting following Memorial Day
around the graduation ceremony.

13.     Approve List of Bills and Claims
Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to approve
the List of Bills and Claims. Motion carried unanimously.

14.     Adjournment
Mayor Campbell said that he had the opportunity to attend the Memorial Day service put on by the
Veteran organizations in the City. Mayor Campbell said that it was an honor to attend such a
service and honor those that have given the ultimate sacrifice for our freedom.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gapinski to adjourn
the meeting. Motion carried unanimously.

Mayor Campbell adjourned the meeting at 7:18 p.m.

Respectfully Submitted,


Dana Furman
Administrative Assistant




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