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REGULAR MEETING SAUK RAPIDS CITY COUNCIL City Hall Council - DOC

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REGULAR MEETING SAUK RAPIDS CITY COUNCIL City Hall Council - DOC Powered By Docstoc
					                                      REGULAR MEETING
                                SAUK RAPIDS CITY COUNCIL
                           City Hall Council Chambers, 115 2 nd Ave N.
                                   Monday, January 12, 2009
                                             7:00 PM
                                           MINUTES

7:00 PM

1.     Call to Order and Pledge of Allegiance
Mayor Campbell called the meeting to order at 7:00p.m. Members present: Dave Saunders, Brad
Gunderson, Paul Weber, Jared Gapinski. Others present: Ross Olson, City Administrator, Tim Sime,
City Attorney, Perry Beise, Chief of Police, Roger Schotl, Public Works Director, Todd Schultz,
Community Development Director, Terry Wotzka, City Engineer, Jack Kahlhamer, Finance Director,
and Dana Furman, Administrative Assistant.

2. Oath of Office
Ross Olson swore in the newly elected and re-elected Mayor and City Council members. Mayor
Campbell, Councilperson Saunders, and Councilperson Jared Gapinski were presented with an Oath of
Office Certificate.

3.    Additions or Changes to the Agenda
Mayor Campbell requested to add Hospital Signs as agenda item 12-E.

4.     Approve the Agenda

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

5.     Approve Minutes
       A. 3-24-08 Regular Meeting Minutes

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve the
3-24-08 Regular Meeting Minutes. Motion carried unanimously.

       B. 12-8-08 Truth N Taxation Meeting Minutes

Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to approve the 12-
8-08 Truth N Taxation Meeting Minutes. Motion carried unanimously.

6.     Receive and File
       A. 11-19-08 Sauk Rapids Advisory Park Board Regular Meeting Minutes

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve the
11-19-08 Sauk Rapids Advisory Park Board Regular Meeting Minutes. Motion carried unanimously.



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7.       Mayor’s Communications
        Traffic Signal at 18th Street Northwest and Hwy 15— Mayor Campbell extended a thank you
         to Terry Wotzka and the SEH staff for driving the traffic signal project at 18 th Street Northwest
         and Hwy 15. Mayor Campbell was happy to see the traffic signal up and working.
        Thank You to Public Works—Mayor Campbell thanked Roger Schotl and the rest of the Public
         Works staff for continuing to keep the streets and sidewalks throughout the City of Sauk Rapids
         clean during a very snow filled month.
         Adopt a Fire Hydrant—Mayor Campbell reminded City residents to please remember to adopt
         a fire hydrant and remove the snow away from the hydrant. He stated that this gesture aids the
         Fire Department in emergency situations and helps the entire neighborhood where the fire
         hydrant is located should an emergency situation arise. Mayor Campbell thanked those residents
         who have already adopted fire hydrants in their neighborhoods.

8.       Audience Items/Visitors
         Total Time Limit 10 Minutes for Items NOT on the Agenda
         None
9.
         Public Hearings
         A.     Applicant                              Purpose
                City of Sauk Rapids                    To Consider an Amendment to the Fee Schedule
                                                       Regulating the Annual Billboard Permit Fee
                                                       Amount in the City of Sauk Rapids.

                                                              1.      Open Public Hearing
Todd Schultz stated that an Annual Billboard and Permit Fee of $240 was first adopted in 2002. In
December of 2007, the Council passed an ordinance amending the Fee Schedule including a change in
the Annual Billboard Fee from $240 to $500. Schultz said that in looking back on why this change
occurred staff could not find any recorded conversation or explanation as to why the amount increased.
He noted that after looking at the code and the staff time that will be required to process this fee at staff
level he is recommending that the fee be changed back to $240.

Steve Anderson, Franklin Outdoor Advertising, provided a letter that was sent from Franklin Outdoor
Advertising to Marney Curfman, City Planner, to the City Council. Anderson stated that there are very
few cities that impose such a fee and in the cities that do charge a fee the fee is much lower than the
proposed $240. Anderson said that Franklin Outdoor Advertising appreciates the opportunity to work in
the City of Sauk Rapids and they understand that the City has the right to impose such a fee. Anderson
noted, however, that Franklin Outdoor Advertising does not understand how the City has come up with
the proposed fee. Anderson said that the City Planner had provided him with the justifications to the
fee, but he still does not agree with the amount being charged. Anderson said that the proposed fee is
not in line with what he sees in the industry and he feels that the proposed fee is more in line with what
an application fee would be set at and not an annual renewal fee.

Councilperson Weber questioned how the City of Sauk Rapid’s fee compares to other area cities.
Anderson noted that most area Cities such as St. Cloud and Sartell do not have such a fee. Anderson
said that the City of Albertville has a renewal fee of $75. He said that the State charges a fee of $150
every year and an inspection is included with this fee.

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Ed Gertken, from Ed’s Signs, stated that he was never notified of this fee but he does agree with
Anderson that this fee is very steep. Gertken questioned if the City’s proposed fee included a yearly
inspection. Todd Schultz said that a yearly inspection will take place and will be conducted by the City
Planner. Gertken asked if the City Planner was an Engineer or if this inspection would just be a visual
inspection. Schultz stated that the City Planner was not an Engineer. Gertken said that he did not
understand why the City would need to inspect these billboards every year and he also did not
understand the legal fees of $110 being part of the $240.

Mayor Campbell stated that he personally would like to see the public hearing continued at the next City
Council meeting. Mayor Campbell requested that staff come back to the January 26th meeting with
more information and justifications as to why this fee is being imposed.

Todd Schultz said that the staff time and mileage was the rationale behind the $240 fee.

                                                              2.      Close Public Hearing
Motion: Moved by Mayor Campbell and seconded by Councilperson Weber to continue the Public
Hearing on Monday, January 26 th with the request that staff provide justification to the fee and conduct
further research as to what other cities are doing terms of these annual fees. Motion carried
unanimously.
                                                              3.      Action

10.     Consent Agenda
   A.   2009 Plumbing Contractor License
   B.   LMC Newly Elected Officials Conference
   C.   4th Quarter Building Permits
   D.   KDV for 2008 Audit
   E.   Approve Attached Boards, Commissions and Designees for 2009—Pulled for Correction
   F.   Sale of Public Works Snow Blower to Benton County
   G.   Update Personnel Policy

Motion: Moved by Councilperson Gunderson and seconded by Councilperson Saunders to approve
consent agenda items A-D, F, and G. Motion carried unanimously.

10-E. Approve Attached Boards, Commissions and Designees for 2009
Councilperson Weber questioned if the appointment date for Councilperson Gunderson was incorrect.
Olson noted that there was an error and that the correct appointment date should state January 2007 for
those council members elected in 2006 and not 2004 as it is currently listed.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Weber to approve the
attached boards, commissions and designees for 2009 as amended. Motion carried unanimously.

11.     Regular Agenda
   A. City Council Committee Assignments for 2009
Ross Olson noted that the City Council members had provided to Administration their desires for
participation on the 2009 City Council Committees. Olson provided a description of each of the three
types of groups. The Council Committee Appointments are committees that are consistent from year to

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year and operate as a review and recommending resource to the council. Other Appointments are
committees that can be consistent from year to year, but also reflect council member appointments to
current projects that have an impact on the community and the greater Sauk Rapids area. Project
Committees were formed due to the size, uniqueness, and complexity of a Sauk Rapids specific project.
Olson noted that due to the change in the Council makeup there is a vacancy on the Riverfront Parks
Advisory Committee. He said that Mayor Campbell has expressed interest on serving on this now open
Project Committee. Olson reviewed the various committees listed on the Request For Action (RFA).

Motion: Moved by Councilperson Weber and seconded by Councilperson Gapinski to approve the 2009
City Council Committee Appointments as presented. Motion carried unanimously.

    B. Kurt Schimnich Conditional Use Permit Request
Todd Schultz stated that at the Public Hearing on December 22 in which Kurt Schimnich’s Conditional
Use Permit (CUP) request was being considered, the Council had expressed concerns with the Planning
Commission’s recommendation and the application itself. Schultz said that on December 30 th, staff met
with Brenda Cummings and Kurt Schimnich. At this meeting it was discovered that in fact, Schimnich
was not applying for 6 beds in Phase I and 13 beds in Phase II, but was rather applying for 6 bedrooms
in Phase I and 13 bedrooms in Phase II and that there would be two residents per room. Schultz noted
that this clarification effectively doubles the occupancy from what the City originally thought that it was
considering. Schultz said that because of this change in information staff brought this application back
to the Planning Commission. He noted that after much discussion the Planning Commission is
recommending the approval of the 13 bedroom-26 bed Licensed Community Residential Facility with
conditions, principally which state that Schimnich apply for and receive variances relating to parking
issues. Schultz said that in addition the Planning Commission is recommending that the City review the
application after a year of use to determine if the site is working with the reduced parking. Schultz
reviewed for the Council the Planning Commission’s recommendation and the conditions being
suggested by the Planning Commission. The Planning Commission recommends the approval of a
Conditional Use Permit to allow a 13-Lodging Room, 26-bed Licensed Community Residential Facility
at 215 3rd Avenue South with a reduction in the required parking spaces (from 20 to 14) on the following
conditions:
   A. Nine of the fifteen parking spaces shall be set aside for the 26-bed Licensed Community Residential
      Facility and five spaces shall be set aside for the duplex.
   B. The applicant obtains a parking variance allowing two “compact car” stalls which shall be 8’x 18’ and
      designated with signage.
   C. The applicant obtains a variance allowing three parking stalls to be oriented in such a manner that the cars
      parked in them may back into the right of way (alley).
   D. The applicant shall provide the City with a description of the specific type of license with the site plan
      application.
   E. The applicant shall apply for an amendment to the Conditional Use Permit if any additional services
      beyond the scope of the current Department of Health license are added and/or there is an increase in the
      number of beds for the facility.
   F. The applicant shall inform the City of any changes in the license.
   G. The Conditional Use Permit is not valid unless a site plan is approved on the subject property within one
      year of the permit approval date.
   H. The applicant shall plant three trees as previously required as a condition of a variance received for the
      property and shall show the trees on the site plan.
   I. The applicant shall maintain the license with the State of Minnesota.


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   J. There shall be a one year review of the Conditional Use Permit for the Licensed Community Residential
      Facility from the date that the use actually begins. If, at that time, the City determines that additional
      parking stalls are needed, the applicant or property owner shall provide them (onsite) or the occupancy of
      the facility shall be reduced to bring the facility into compliance with Code. It is understood that this may
      mean removing existing accessory building(s) from the property to accommodate the additional parking.
   K. The Conditional Use Permit request for the Fourplex is denied due to the lack of onsite parking.

Schultz noted that consistent with Council direction, staff has reviewed the application and is offering an
alternative recommendation from the Planning Commission. Principally, the issue with the application
is that the City is being asked to consider two different uses at the same time. Schultz said that parking
requirements are not met with either one. It was noted that if the City considers the13 bedroom, 26
tenant Licensed Community Residential Facility along with the permitted duplex, there is a requirement
of 18 parking stalls and with the two employees who will be working at the facility there will be a
requirement of 20 parking stalls. Schultz noted that the applicant is only providing 11. Schultz said that
the applicant has shown that with the Variances for the size of the parking stalls, and their orientation on
site, he may be able to get 15 parking stalls; however this assumes a hardship and that the City will grant
the Variances. Schultz said that the hardship has not yet been shown nor has the variance been granted.
In addition, even if the City were to approve variances to the size and orientation of the parking stalls,
the applicant would still need to apply for and receive a variance from the number of parking stalls that
he needs. Schultz said that if the City considers the 6 bed, 12 tenant Licensed Community Residential
Facility along with the FourPlex, there will be a parking requirement of 17 stalls. One parking spot per
bedroom and two for the employees is needed, and Schultz noted that the applicant cannot meet the
parking requirements of the code.

Schultz stated that approval of the application as presented could result in over 30 additional users on
the sewer and water system on 3 rd Avenue South. He said that the condition of this system has been
considered recently by the City and may need to be replaced soon. The City has postponed the
replacement at this time due to financial considerations. Schultz said that adding over 30 additional
users depending on the alternative that the applicant ultimately chooses would be an excessive burden
on to the system. Schultz said that staff is recommending the denial of the application as presented with
the attached findings of fact.

Councilperson Weber clarified as to whether or not the action requested tonight is different from the
action requested at last month’s City Council meeting. Schultz said that tonight’s RFA does contain a
different recommendation than it had at last month’s meeting. Tim Sime stated that after staff met with
the applicants again the new information about the increased number of tenants is part of what changed
the recommendation

Mayor Campbell suspended parliamentary procedure with Council’s approval to allow input.

Joe Foster, Planning Commission Chair, stated that in general the Planning Commission felt the project
was a good project. Foster said that the unsightliness of the current building will be taken care of with
the approval of this application. He said that the biggest issue that arose when the Planning Commission
was reviewing the application was the parking issue. Foster said that the planning Commission did not
feel that the facility would need as much parking as the code states. He said that the one variance that
would be needed is a 1 foot narrowing of two separate parking spots.


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Councilperson Weber questioned the saturation concern and he noted that the saturation concern didn’t
appear to be addressed at the Planning Commission level. Foster said that this use was allowable and so
the Planning Commission did not touch much on the saturation issue in that the Planning Commission
viewed this use as a need in the area and the Planning Commission felt that this area was a good location
for the proposed facility.

Tim Sime noted another potential option that the Council has. Sime said that the applicant is proposing
to do this project in phases and some of the current concerns do not become concerns if one looks at a
lower density use for the facility, for example if the applicant chose to just do phase I. Sime said that he
is reluctant to recommend that the Council go down this suggested road if the applicant has not stated
that this is something that they are interested in doing.

Councilperson Weber addressed Todd Schultz and asked what the floor area ratio is as it was referenced
in the 2005 minutes that accompanied the Request For Action (RFA). Schultz explained that the floor
area ratio is a calculation in which you take all the habitable square footage to determine how much
impact that a particular piece of property will have on the City. Schultz said that this is not really a real
good tool in which for the City to use. Schultz said that a better tool would be to use an impervious
surface requirement, which is what a number of communities have adopted.

Councilperson Weber clarified that the CUP stays with the land and not the owner. Schultz said that this
statement is correct.

Mayor Campbell requested that Terry Wotzka and Roger Schotl comment about the water and sewer
issue as it relates to the CUP request. Terry Wotzka stated that the sanitary and sewer system in this
location is nearing the end of its design life. Mayor Campbell clarified that a new service line was put in
when the house was placed on this property. Wotzka stated that this is correct and that this service line
runs from the main to the home and empties in to the 8-inch main outside of the home. Mayor Campbell
clarified that extra usage would put further strain on the existing statement. Wotzka said that this
statement was correct.

Mayor Campbell again requested to suspend parliamentary procedures to allow for Kurt Schimnich to
address the council.

Kurt Schimnich, 1931 15th Street Northeast, explained the rationale behind the phases. He said that the
intent behind the two phases was to get the existing structure up and going prior to the addition.
Schimnich said it wasn’t the question of if they were going to do the two phases it was more of an issue
of when they were going to do the two phases.

Todd Schultz requested that if the Council approves the recommendation of the Planning Commission it
does so with the eleven conditions stated above. Schultz also requested that should the Council approve
the Planning Commission recommendation that they do so conditionally for tonight and then advise staff
to bring back the findings of fact to be approved on the consent agenda at the next City Council meeting.

Councilperson Weber noted that Brenda Cummings does an excellent job in the community and has a
good reputation. His concern was more about what would happen if Cummings relocated and what
would happen with this location. Councilperson Weber said that he is also concerned with the saturation

1-12-2009                                                                                             Page 6
issue. He said that one of the most compelling pieces of information regarding the saturation issue can
be found in the information provided from SEH’s Data View Parcel Report. He noted that the property
in question is on two lots, for a total lot size of 100ft. Councilperson Weber stated that potentially there
could be 36 people living on a100ft lot. Councilperson Weber said that this use is something that the
County needs but he would like to see the project scaled back as Sime had suggested.

Councilperson Saunders noted that he has some concerns with the parking issues as well as the
saturation issues. He was not sure if this was the right use for this area at this time.

Councilperson Gunderson noted that he agreed that parking is a problem as well as the saturation in the
neighborhood. He noted that in an e-mail from Clarence & Judith Zanoth it is states that when asked
Benton County has stated that they do not have any more money for additional beds.

Councilperson Weber questioned what the options for the Council were in terms of this application.
Sime said that the applicant has submitted an application and he believes that the Council needs to act on
this request.

Mayor Campbell questioned what the restriction is if the Council denies the application. Todd Schultz
said that the restriction is a one year restriction but this restriction can be waived if the density is
lowered.

Motion: Moved by Councilperson Weber and seconded by Councilperson Saunders to approve the
resolution adopting findings of fact and denying applicant’s request for a conditional use permit to
operate a licensed community residential facility at 215 3 rd Avenue South in the City of Sauk Rapids.

Discussion: Todd Schultz noted a typo in the title of the resolution that states that staff recommends
approval he stated that the Resolution should read that staff recommends denial.

Mayor Campbell suggested that the Land Use Committee, Planning Commission, and staff meet with
the Schimnich’s to figure out a way in which to hammer out the details to come up with something that
is acceptable for all.

Motion carried unanimously.

12.    Other Staff Items

   A. Area Cities Meeting
Ross Olson informed the Council that the next Area Cities meeting will be taking place on Tuesday,
January 27, 2009 at 5:30 p.m. in Waite Park. Mayor Campbell requested that Dana Furman post this
meeting as a Public Meeting. Mayor Campbell noted that the area Mayor’s group will more than likely
meet an hour prior to the meeting.

    B. January 20th Joint Meeting with HRA on Quiet Zone Funding
Ross Olson informed the Council that there will be a special HRA meeting on January 20th at 7:00 p.m.
to discuss Quiet Zone Funding. Olson questioned whether or not the City Council members would be
interested in attending this meeting. Council members noted that they would be interested in attending


1-12-2009                                                                                            Page 7
the special meeting. Olson stated that the meeting will be posted as a Joint HRA and City Council
special meeting.

     C. St. Cloud Area Aquatic Center Project Update
Ross Olson stated that approximately a year and a half ago the Advisory Park Board was working on a
potential replacement of the aging wading pool. The Advisory Park Board would like to replace and
enhance this water feature. Olson noted that the City of St. Cloud approved on the last ½ cent sales tax
agenda up to 10 million dollars for an aquatic center. Mayor Dave Klies provided an opportunity for
area cities to work together as a joint aquatic project. Olson said that he has made it very clear to this
group that the City of Sauk Rapids is interested to learn more about this project but does not want to
contribute any money at the moment. Olson explained the different partnering options that the St. Cloud
Area Aquatic Center group has laid out. Olson said that even if the City does not contribute money now
it can make an annual donation in the future. The current locations being considered for this aquatic
center is near Whitney Park and the Dehler property in Sartell. Olson said that if the City decides to
become an equity partner the only pot of money that could be used would be sales tax dollars. He said
that he thinks it is important to discuss this topic now because the Advisory Park Board is still
considering doing an aquatic feature and there is not enough sales tax dollars to do all of the items.
Olson said that he has asked the Park Coordinator to bring this issue up at the next Advisory Park Board
meeting to get the opinion of this group as to whether or not they feel that the St. Cloud Area Aquatic
Center would meet the aquatic needs of the City of Sauk Rapids or if they feel more should be done
separately in the City in terms of aquatics.

Councilperson Weber questioned if the sales tax dollars generated in Sauk Rapids could be spent in St.
Cloud. Olson stated that he had asked legal this very same question and it was the opinion of the City’s
legal team that a joint project could be done with the sales tax dollars generated in the City of Sauk
Rapids.

    D. Benton County Board Use of Council Chambers
Ross Olson stated that the Benton County Administrator has requested that the Benton County Board
hold one meeting per year in Sauk Rapids as a way to get out in to the County and hold night time
meetings. The Benton County Board is requesting to use the City of Sauk Rapids’ Council Chambers
for this one time per year nightly meeting.

Mayor Campbell noted that as long as the County Board meetings do not interfere with previously
scheduled City Council meetings he sees no problem with this request. The other council members
nodded their heads in agreement.

    E. Hospital Signs
Terry Wotzka said that SEH put together a proposal that included four hospital signs for the following
roadways: North Benton Drive, South Benton Drive, and County State Aid 3. Wotzka said that because
the roadways mentioned involve the County he has sent this information to the County. He stated that
he has not yet received a response from the County on these signs.

Mayor Campbell requested that Wotzka contact him or other City Council members if County staff does
not respond soon to Wotzka’s message. Mayor Campbell said that he feels that it is critical that these
signs directing residents and non-residents to the hospital are put in sooner rather than later.

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Mayor Campbell asked why the hospital signs would not go on other roads such as Second Avenue
South. Roger Schotl said that he and Wotzka have had conversations regarding where the signs should
go. Wotzka said that the research that has been done showed that the hospital signs are typically on
main roads, but he can look in to placing these signs in other locations. Mayor Campbell suggested that
staff worry about getting the first four signs up for the time being.

13.  Other Council Items and Communications
None

14.    Approve List of Bills and Claims

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

15.    Adjournment

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

Mayor Campbell adjourned the meeting at 8:18 pm.

Respectfully Submitted,


Dana Furman
Administrative Assistant




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