REGULAR MEETING REGULAR MEETING SAUK by shuifanglj

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									                                       REGULAR MEETING
                                 SAUK RAPIDS CITY COUNCIL
                            City Hall Council Chambers, 115 2nd Ave N.
                                   Monday, December 22, 2008
                                              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, Marilyn Patterson. Others present: 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.      Additions or Changes to the Agenda
Councilperson Weber requested to add Parting Comments to Councilperson Patterson as agenda item
12B. Roger Schotl stated that there was an error on the Request For Action (RFA) for agenda item 9-F,
which has since been revised and replaced. Schotl requested to add as agenda item 10-E the Purchase of
a Skidsteer. Mayor Campbell pulled agenda item 9-H for clarification per the request of Ross Olson

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

4.     Approve Minutes
       A. 7-28-08 Special Meeting Minutes

Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to approve the 7-
28-08 Special Meeting Minutes. Motion carried unanimously.

       B. 8-11-08 Regular Meeting Minutes

Motion: Moved by Councilperson Gunderson and seconded by Councilperson Saunders to approve the
8-11-08 Regular Meeting Minutes. Motion carried unanimously.

       C. 10-27-08 Special Meeting Minutes

Motion: Moved by Councilperson Saunders and seconded by Councilperson Patterson to approve the
10-27-08 Special Meeting Minutes. Motion carried unanimously.

       D. 11-24-08 Regular Meeting Minutes

Motion: Moved by Councilperson Patterson and seconded by Councilperson Weber to approve the
11-24-08 Regular Meeting Minutes. Motion carried unanimously.



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         E. 12-8-08 Regular Meeting Minutes

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve the
12-8-08 Regular Meeting Minutes. Motion carried unanimously.

5.   Receive and File
None

6.       Mayor’s Communications
        Mayor Campbell expressed a sincere thank you on behalf of the City Council to the organization
         lead by Ashley Bueckers for the fun- filled Parade of Lights events. He stated that this was a
         well-planned wonderful event that he believes will continue to grow in the years to come.

7.       Audience Items/Visitors
         Total Time Limit 10 Minutes for Ite ms NOT on the Agenda
         None
8.
         Public Hearings
         A.     Applicant                               Purpose
                Mary Ann Le wellyn                      To Consider a Request for a Conditional Use
                                                        Permit to Allow an Unlicensed Community
                                                        Residential Facility at 1420 2nd Street North (the
                                                        old Super 8 Motel) in the City of Sauk Rapids.

                                                               1.      Open Public Hearing
Todd Schultz advised the Council that Mary Ann Lewellyn would like to again request a Conditional
Use Permit (CUP) for an Unlicensed Community Residential Facility with the operation of a boarding
house used to house participants of a CentraCare substance abuse rehabilitation program at the old Super
8 motel. Schultz said that the applicant has stated that there will be no effect on existing roads or utilities
and that the use will not have any adverse effects on nearby properties. Schultz said that the Council
granted Lewellyn a three year Interim Use Permit on September 26, 2005. On September 22, 2008, the
Council denied Lewellyn’s request for a CUP, but granted an extension to the original Interim Use
Permit while the City researched ways to included special housing types in the ordinance. Schultz stated
that the Planning Commission unanimously recommends approval of the application with the following
conditions:

     1) The CUP shall be limited to permitting short-term Unlicensed Community Residential Facility
        that provides supportive care services for persons at the facility who are participating in off- site
        chemical dependency rehabilitative care in connection with the Applicant’s contract with
        CentraCare.
     2) Any supportive care services offered at the facility shall only be provided to persons residing at
        the facility or persons who have been admitted to the CentraCare program and are awaiting an
        opening.
     3) The facility shall not provide chemical dependency rehabilitative care on-site.
     4) The facility shall not provide supportive care services to minor children.
     5) The facility shall comply with all applicable local, state, and federal regulations.

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    6) The site shall comply with the original site plan approved in 2005 as presented then, including
       the landscaping plan.

Tim Sime stated that the findings of fact have been prepared and are ready for the Council to adopt. The
findings of fact follow the recommendation Todd Schultz laid out. Sime recommended that any motion
to approve the application also adopt the resolution presented at tonight’s meeting.

Councilperson Weber questioned number 10 of the findings of fact; he questioned if this description
should just state it is limited to the area along 2nd Street North. Sime clarified that this type of facility is
allowed in the C-2 District as a conditional use based only on the particular facility in question. Sime did
not feel that the findings of fact needed to be changed for this item.

Councilperson Patterson questioned if in the criteria section of the resolution item numbers 6 and 7 the
words “licensed and” should be stricken based on the fact that the facility is unlicensed. Sime agreed
that the words “licensed and” should be stricken from the resolution.

                                                     2.    Close Public Hearing
Motion: Moved by Councilperson Gunderson and seconded by Councilperson Saunders to close the
Public Hearing. Motion carried unanimously.

                                                              3.     Consider Action
Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve the
Resolution adopting the findings of fact as amended and approving applicant’s request for a Conditional
Use Permit with the six conditions as mentioned and listed in the Request For Action (RFA) to operate a
residential facility in connection with drug and alcohol treatment. Motion carried unanimously.


        B.      Applicant                               Purpose
                Kurt Schimnich                          To Consider for a Conditional Use Permit to
                                                        Allow a Licensed Community Residential
                                                        Facility at 215 3rd Avenue South in the City of
                                                        Sauk Rapids.

                                                            1.     Open Public Hearing
Todd Schultz stated that Kurt Schimnich is applying for a Conditional Use Permit (CUP) to allow a
Licensed Community Residential Facility and a duplex at 215 3 rd Avenue South (zoned D-1) to be built
in two phases. Phase one will consist of six lodging rooms and a duplex. The duplex will include one
two-bedroom unit and one three-bedroom unit. Schultz said that depending on the market, phase two
will be the addition of seven lodging rooms OR another two bedroom duple x. In the D-1 District,
duplexes are a permitted use and Licensed Community Residential Facilities are a conditional use with
associated performance standards. Schultz said that four-plexes, which is what would be created with the
two duplexes, are a conditional use in the Downtown Business Dis trict.

Schultz informed the Council that Cummings Care Center will hold the Group Residential Housing
(GRH) license through the State of Minnesota Department of Health. The facility will be staffed 24
hours, seven days a week, 365 days a year.


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Schultz provided some background history regarding this property for the Council. In 2005, the Council
approved a variance from the required side yard setback of 30 feet to allow an 11 foot setback and from
the required front yard setback of 35 feet to allow a 15 foot setback to the main structure and/or to allow
a 7 foot setback to the porch on the condition that the trees removed are replaced one for one. Schultz
said that the Sacred Heart Parish House was then moved on to the property. Around that same time,
Schimnich Construction had a major setback, a warehouse fire, which diverted the focus off of this
property. Schultz reported that further development was put on hold by Schimnich in regards to this
property. After the variance was originally granted, the property was rezoned to the Downtown-1
District, and the variance would no longer be required, but due to the rezoning the conditional use
permit would now be required for the multi- family facility.

Schultz noted that the applicant is requesting that the City consider reducing the parking requirements
for this property. The City cannot lower the parking spaces required for the duplex without granting a
variance. Schultz said that the applicant articulates specific reasons to allow a reduction in parking, such
as: the residents will not maintain their vehicles on the property; the bus line is within one block of the
facility, etc. Schultz stated that staff believes the City has three options regarding the parking
requirements on the property. Schultz reviewed the following options: grant the CUP allowing the
reduction in parking spaces; require, as a condition of site plan approval, a parking agreement allowing
215 3rd Avenue South employees and residents to use the parking lot on parcel 19.00123.54; or require,
as a condition of site plan approval, that the applicant provide an alternate site plan showing the required
number of parking spaces (in case of different future uses).

Schultz said that the Planning Commission recommends approval of a 13-bed Licensed Community
Residential Facility with a reduction in the required parking spaces from 20 to 11, with six stalls being
set aside for the residential facility and five for the duplex, with six conditions. Schultz reviewed the six
conditions as laid out by the Planning Commission. This approval ensures that the applicant will need to
apply for an amendment to the CUP if a second duplex is built instead of additional Licensed
Community Residential Facility beds. Schultz said that the Planning Commission is hesitant to approve
an application with an open end for two different uses. He said that the applicant will be coming back
with a site plan at a later date. The remainder of the Licensed Community Residential Facility
performance standards will be reviewed at the time of site plan application. Schultz informed the
Council that any correspondence received regarding concerns about this application were sent to
Council members and included in the RFA.

Steve Kalkman, 302 Second Street South, questioned if Cummings Care Center is going to be
monitoring and running the facility. Schultz said that it is his understanding that the facility will be
licensed through Cummings Care Center but he would defer the question to either Brenda Cummings or
Kurt Schimnich in that this is new information that has come to light since the Planning Commission
last met.

Kurt Schimnich, 1931 15th Street North East, clarified what he plans to do with the main structure of the
existing parish house; the main and upper level will be the residential care facility. The remaining level
will be a three bedroom apartment and the basement house would be an existing two bedroom
apartment. Schimnich said that Brenda Cummings will provide the management for the licensed facility.
The hope is that there will be a need to expand from the six bedrooms to seven additional bedrooms. If


12-22-2008                                                                                            Page 4
that need is not there, then the plan would be to turn the additional space into two additional two-
bedroom apartments.

Tim Sime questioned if this facility will operate under Cummings Care Center’s existing license.
Schimnich stated that the facility will be licensed separately. Sime asked for clarification as to whether
or not this request is for an expansion of Cummings Care Center or if this is something totally different.

Brenda Cummings, Assistant Director of Cummings Care Center, stated that there is a moratorium on
board and lodging with special services. No more boarding and lodging facilities can be opened other
than by someone who currently owns a boarding and lodging facility. Cummings would see this as an
extension of the current Cummings Care Center. Cummings will be renting this property from
Schimnich. A new license will need to be applied for by Cummings through the MN Department of
Health to operate at the new location.

Steve Kalkman, 302 Second Street South, commended Cummings on the work that she has done with
the current Cummings Care Center. Kalkman’s concern is with the additional people that this expansion
would bring in to the neighborhood. He stated that the property in question is in a residential setting, and
he believed that the neighborhood would change if the Council approves the request. Kalkman noted
that the second point he would like to make is that he feels the applicant should meet the Planning
Commission Board’s requirements in terms of parking

Tony Hommerding, 202 Second Avenue South, stated that his concerns are more with the fact that
Schimnich could not finish the prior requirements set forth by the Council. Hommerding requested that
should the Council approve this request they do so with some type of time requirement set as to when
this work will need to be done by. Hommerding was concerned with the eyesore that this property is
currently causing in the neighborhood. Another concern that Hommerding had was with the campus
type atmosphere that is being created in this neighborhood. Another issue that Hommerding was
concerned about is the parking. He would like to see that the parking requirements remain the same
across the board.

Mark Skillrud, 323 Second Street South, stated that he did not want to be one of those people with the
“not in my backyard” attitude, but he is concerned with the number of these types of facilities coming in
to the neighborhood. Skillrud said that he had originally heard this property was going to be used for
rental property and he would prefer not to see the new plan regarding this property approved.

Councilperson Patterson referred to the site plan and questioned the parking spots that empty out on to
3rd Street South. She questioned if there was a curb cut there or if one was going to be put in. Todd
Schultz said that the applicant would need to get a permit through Public Works to do this project.
Councilperson Patterson questioned if there was a guarantee that this permit would be granted or if there
was the possibility that this request could be turned down. Roger Schotl said that it is possible that the
request for the curb cut could be turned down. Councilperson Patterson noted that essentially two more
parking spots would be lost should the curb cut request be turned down.

Councilperson Patterson stated that she was concerned with the parking requirements and the fact that
there would not be room for additional parking on this property in the future. Councilperson Patterson
questioned what staff’s thoughts were on what could happen should additional parking spots be required


12-22-2008                                                                                             Page 5
in the future. Todd Schultz said that additional parking spots could not be placed on this property
without significant grading and the taking down of existing trees. Kurt Schimnich said that one option
could be the removal of the tree near the dumpster and the n excavating this site. The last resort option
would be the removal of the shed, garage, and the trees. Councilperson Patterson noted that she remains
concerned regarding parking in the future on this site.

Councilperson Patterson stated that she too was discouraged with how the property has remained
unfinished and would like to see what the Council could do to put a time requirement on this request to
ensure that these modifications are done in a timely manner. She questioned what could be done by the
Council if these requirements are not met. Schultz stated that the applicant would be given a warning
that tells them that they need to come into compliance and if they do not do so they will then need to
reapply for the CUP.

Councilperson Patterson questioned the landscape plan and asked if additional landscape should be
required to provide screening of parking for the nearby residents. Schultz said that the applicant would
need to as a condition comply with the landscape requirements. Councilperson Patterson asked if this
landscaping requirement in regards to screening of parking should be included as a condition of the
CUP. Schultz stated that as a condition of the approval the applicant will need to come back and get site
plan approval at which time landscape plans would need to be approved. Councilperson Patterson said
that she feels it is important to add the landscape req uirement as a condition of the CUP if that is what
the Council is aiming to achieve in terms of landscape.

Councilperson Patterson questioned the saturation of facilities comments that have been made. She
questioned what the City should do when an area is becoming saturated with the same type of facilities
in an area that the City is hoping to make eclectic with mixed uses. Schultz said that if there is a concern
with a certain type of use, then setbacks could be created for these specific uses. Councilperson
Patterson said that she, too, is concerned about the saturation and so she is not sure what, if anything, the
Council could or should do.

Mayor Campbell noted that the Council had received an e- mail from Clarence and Judy Zanoth voicing
their disapproval of the application. Mayor Campbell also noted that an e-mail had been received from
Steve and Kristie Ellson also stating their objections to the current application.

Tim Sime addressed Councilperson Patterson’s comment and question about saturation and stated that
he felt that it merited further discussion. He said that when the Council approved the new ordinance and
it was determined that this type of use would be appropriate in the D-1 District as a conditional use he
did not feel that anyone on the subcommittee that worked on this language had anticipated that there
would be such a concentration of these types of facilities in one particular neighborhood. He stated that
it may be that this is not keeping with the Comprehensive Plan, but he said that the Comprehensive Plan
is more or less a guidance document that should not just simply be deferred to, and the City Council
should look more to its ordinance. Sime went over several options that he believed the Council had
tonight in regards to the application in question. The following three options were provided by Sime for
the Council to consider:
    1) Disregard the either/or request as recommended by the Planning Commission
    2) Approve 6 units plus the duplex and deny the request for anything else. Sime stated that there are
         a number of reasons why the Council could do this. He said that the conditional use permit


12-22-2008                                                                                            Page 6
      ordinance states that the applicant must illustrate a need for the use. The current applicant does
      not know if there will be a need for more than 6 beds. Also, the either/or request is an odd
      request for the Council to consider. Sime said that 13 parking spots would be required if the
      Council approved the 6 beds plus the duplex. He stated that the current application lists only 10
      spots.
   3) Another option that Sime provided was for the Council to send this request back to staff to
      address the issues and concerns brought up at tonight’s meeting in regards to saturation and
      parking.

Kurt Schminich asked to clarify that the two parking spots on 3rd Avenue N. have a small turn around.
He went on to say that most of the people being served by this facility do not have vehicles nor do they
have the ability to drive in most cases.

Mark Skillrud, 323 Second Street South , stated that another issue that he thought of was whether or not
the utilities in the street are adequate to maintain this type of facility.

Terry Wotzka asked if this type of building would require a sprinkler system. Kurt Schimnich stated that
the utilities have been updated and addressed. Schotl clarified that the utility issue has been addressed,
and the facility could adequately handle the load that would result from this application being approved.

Councilperson Patterson said that she would feel more comfortable looking at only 6 units versus the 13
beds total. She would like to see staff look into this issue further in regards to parking, the curb cut, and
why six beds might be a better route to take versus the requested thirteen.

Kurt Schimnich said that he was not sure how it would work if they started with only six beds and then
had to go back to the Council. The main intent is for the residential facility.

Judy Zanoth, 221 3rd St. S, stated that this whole project seems to hinge on the Cummings facility. She
questioned if there are already residents planning on coming here that would warrant the expansion.
Zanoth was concerned that if things do not work with Cummings what will happen to the facility.

Councilperson Weber asked why the moratorium is in place. Brenda Cummings stated that this is a very
gray area and she did not know the exact number of years since the moratorium has been in place. The
moratorium states that Cummings currently has 6 banked beds, but she does not have anywhere to put
these unused banked beds. Cummings’ concern was that if she does not house these people she is not
sure who will. Cummings stated that Benton County has been very supportive of Cummings Care
Center, and she is confident that the County will find her additional banked beds, if needed. She said
that the returning veterans are going to need places to live, and she would envision that a supervised
facility may be needed for the returning veterans. Cummings said that she does not believe in
overcrowding.

Councilperson Weber questioned how many clients Cummings currently has. Cummings stated that she
had 30 clients and now she has 36.

                                                              2.      Close Public Hearing



12-22-2008                                                                                            Page 7
Motion: Moved by Councilperson Gunderson and seconded by Councilperson Saunders to close the
public hearing. Motion carried unanimously.

Tim Sime stated the options again as he had recommended previously:
    1) Approve or reject the application as is.
    2) Approve 6 bed facility and duplex.
    3) Send back to staff with directions on what to address as far as what issues have been brought up
       tonight.
Sime said that with any of these options staff could look at some of the changes that Todd Schultz had
discussed.

Councilperson Saunders stated that in its current form he is not in favor of the application. He worries
about several issues including saturation of the neighborhood and parking requirements.

Councilperson Patterson stated that she understands the need for these types of facilities, but she feels
that there needs to be a balance so that there is a happy medium in terms of the neighborhood and the
applicant.

                                                               3.     Consider Action
Motion: Moved by Councilperson Patterson and seconded by Councilperson Gunderson to table
consideration of the Request For Action on the Schimnich application and to ask staff to look further
into the issues raised this evening including the parking, the curb cut, and the number of units that
should be approved or considered in this application and bring this information back to the next Council
meeting. Motion carried unanimously.

9.        Consent Agenda
     A.   Approve Changes to City’s Pe rsonnel Policy Effective January 1, 2009
     B.   Approve 2009 Fire Chief Positions
     C.   Approve and Authorize Gambling Pre mises Permit for the Minnesota Junior Hockey
          League at Bubba’s Bar and Grill
     D.   Approve Rinke Noonan 2009 Legal Rates
     E.   Approve Resolution to Participate in the Benton County Eme rgency Manage ment Hazard
          Mitigation Planning Process
     F.   Approve the Purchase of Playground Equipme nt for Lion’s, Oakridge, and Southside
          Parks from Northwoods Landscape & Recreation for a Sum of $159,000, To Be Installed in
          2009.
     G.   Accept Score Grant and Resolution
     H.   Authorize Public Works to Allow Benton County To Use 1967 Wausau Snow Blowe r

     Councilperson Patterson pulled item 9F for clarification. Mayor Campbell pulled item 9H.

Motion: Moved by Councilperson Patterson and seconded by Councilperson Weber to approve consent
agenda items A-E, and G. Motion carried unanimously.

9F. Approve the Purchase of Playground Equipment for Lion’s, Oakdridge and Southside Parks
from Northwoods Landscape & Recreation for a Sum of $159,000, To Be Installed in 2009.


12-22-2008                                                                                           Page 8
Roger Schotl stated that there was an error on the RFA for this agenda item and it should read: Lion’s,
Oakridge, and Eastern Star Parks versus Southside Park.

Motion: Moved by Councilperson Patterson and seconded by Councilperson Weber to approve the
purchase of playground equipment for Lion’s, Oakridge, and Eastern Star parks from Northwoods
Landscape & Recreation for a sum of $159,000. Motion carried unanimously.

9H. Authorize Public Works to Allow Benton County to Use 1967 Wausau Snow Blower
Tim Sime stated that the City does not have a use for this snow blower but Benton County does. In
discussing this issue at this afternoon’s staff meeting it was requested that this issue be brought back to
the Council at the next Council meeting with further clarification.

10.   Regular Agenda
   A. Approve and Adopt Resolution for the 2009 Enterprise, Special Revenue & TIF District
      Funds Budget

Jack Kahlhamer noted that with the liquor fund there are infrastructure improvements and equipment
expenditures included that do later get capitalized. The liquor fund has $45,000 in expenditures that will
be capitalized. The water fund has $526,000 in improvements and equipment. The sewer fund has
approximately $565,000 in improvements and equipment. The storm water fund has the street sweeper
of $165,000 but there is also the depreciation of $227,000. The Council has held special meetings to
discuss the budgets presented tonight.

Motion: Moved by Councilperson Weber and seconded by Councilperson Patterson to approve the
resolution adopting 2009 budgets for enterprise funds, special revenue funds and tax increment
financing district funds. Motion carried unanimously.

   B. Approve and Adopt Resolution Adopting 2009 General Fund Budget

Jack Kahlhamer said that the 2009 General Fund Budget total is $5,191,000. Kahlhamer noted that the
2009 General Fund Budget presented tonight is the same budget that was reviewed at the Truth-N-
Taxation meeting on December 15.

Councilperson Patterson questioned if Kahlhamer was planning on addressing the Local Government
Aid (LGA) unallotment. Kahlhamer stated that the City of Sauk Rapids lost approximately $223,000 in
anticipated LGA funds for the December 2008 payment due to the State unallotment decision. The City
was anticipating receiving approximately $1 million. The total loss in LGA funds for this year is
approximately $350,000 with the other LGA reduction that had taken place earlier in the year.
Kahlhamer anticipated losing this same amount or more in LGA funds for 2009.

Councilperson Patterson questioned if the LGA loss for 2008 would be covered by reserves.
Kahlhamer stated that the City would be using reserves to cover the LGA loss.




12-22-2008                                                                                            Page 9
Mayor Campbell noted that it would be very difficult to cut out approximately $223,000 by the end of
the year. Mayor Campbell noted that he did put a call in to the Governor’s office to voice his displeasure
with the unallotment and the way that the LGA unallotments were worded by the Governor’s office.

Motion: Moved by Councilperson Patterson and seconded by Councilperson Saunders to approve the
resolution adopting the 2009 general fund budget. Motion carried unanimously.

  C. Approve and Adopt Resolution for 2009 Property Tax Levy

Jack Kahlhamer noted again that the information being presented tonight in regards to the 2009 Property
Tax Levy is the same information that was presented at the Truth-N-Taxation meetings held earlier this
month

Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to approve a
resolution adopting a final 2009 tax levy. Motion carried unanimously.

  D. Consideration of Railroad Quiet Zone Alternatives for the Broadway Avenue and First
  Street South Crossings

Terry Wotzka informed the Council that since the Council approved proceeding with the design of the
quiet zone improvements at Broadway Avenue, some new information has come to light. During the
Diagnostic Meeting at the Broadway Avenue crossing with representatives of Burlingto n Northern Santa
Fe (BNSF) and Minnesota Department of Transportation (Mn/DOT), it was determined that a traffic
signal would be required at the Broadway Avenue/Benton Drive intersection due to the lack of “stacking
distance” between the tracks and Benton Drive. As a result, the cost for the Quiet Zone Improvements at
this intersection has dramatically increased.

Wotzka said that new information has also been provided regarding the Right-of-Way considerations at
the potential First Street South crossing. Mn/Dot and the Federal Highway Administration advise staff
that the City would not be required to pay back Federal money that was used to purchase Right-of-Way
on the west side of the tracks and relocate the businesses in the core downtown business district if the
First Street crossing was reopened.

Wotzka reviewed the three alternatives the City has/is considering for the southerly railroad crossings:

Alternative No. 1 ($519,300) presumes a closure of both the Broadway Avenue and First Street South
crossings. This Alternate would presumably only be chosen for financial reasons.

Alternate No. 2 ($985,400) presumes the closure of the Broadway Avenue crossing and the reopening of
the First Street South crossing. This Alternate would allow full traffic a nd pedestrian access between the
downtown and the Riverside Parks.

Alternate No. 3 ($1,269,400) presumes that the Broadway Avenue crossing would remain open and the
First Street South crossing would remain closed.




12-22-2008                                                                                        Page 10
Wotzka noted that all Alternatives include additional pedestrian safety improvements at the Second
Avenue crossing.

Wotzka said that in regards to financing, the Tax Increment Financing would cover this. He stated that
the HRA Board has approved $630,000 in funding for these improvements, and any action that the
Council would take would need to be brought back to the HRA for consideration.

Wotzka noted that a public meeting was held last Tuesday with representatives from Mn/DOT and
BNSF. Mayor Campbell requested that Wotzka display the summarization of the comments made at the
public meeting as prepared by Ross Olson.

Mayor Campbell entered into public record a letter from Loretta Bruner. The letter stated that Bruner
was against the City creating a Quiet Zone and closing the South Broadwa y crossing.

Councilperson Patterson wanted to comment on some of the things that she heard at the public meeting
regarding the quiet zone as well as some of the questions that she was asked following the public
meeting.

  1) What other uses could the District 4 funds be used for? Councilperson Patterson noted that she
     would like to see that the Council and the HRA meet together to discuss the District 4 Funds and
     to determine if using these funds for the quiet zone is the best use of these dollars.
  2) Concerns were expressed regarding the First Street South crossing in terms of pedestrian safety
     with no sidewalks.
  3) Councilperson Patterson said that she was concerned with Lion’s and Southside parks. She said
     that these parks were not designed with full vehicular traffic at First Street South in mind.
     Councilperson Patterson did not think that a traffic circle would work at this location.
  4) Councilperson Patterson said that she was concerned with the “T” intersection at First Street
     South and River. Her concern was what would happen if traffic backs up at this crossing and
     vehicles are waiting on the tracks in order to get onto River. Councilperson Patterson said that she
     was not happy with the comment made by Mn/DOT’s representative about his “not thinking” that
     this would be a problem. She questioned if there might be a need for a stop sign or stoplight here
     as well in the future, or if this crossing would become the next one to be considered a dangerous
     crossing and then end up being closed as well, which would result in two crossings closing.
  5) Councilperson Patterson stated she could not forget that at one point there were those who wanted
     to commercially develop the riverside parks area and so she is concerned that reopening First
     Street South might initiate these discussions again.
  6) Councilperson Patterson stated that it was mentioned to her that Little Falls may be removing their
     quiet zone and she felt that this might be something the City may want to look into as to why
     Little Falls might be making this decision.
  7) Another concern was regarding the curve at Second Avenue South and the trains coming around
     this curve and how the train engineer may still feel the need to blow their horns anyway for safety
     reasons. She was concerned with the response from the BNSF representative at the public meeting
     who stated that the horns may still blow if the engineers feel the need to do so for safety reasons.
     Councilperson Patterson was concerned that if the train engineers still feel the need to blow their
     horns at this curve it is questionable whether or not a railroad quiet zone has truly been
     established.


12-22-2008                                                                                      Page 11
  8) Councilperson Patterson noted that Broadway residents have commented that they would probably
      go to East St. Cloud if South Broadway is closed. Councilperson Patterson stated that hearing this
      was concerning to her because she felt that the Broadway neighborhood was a core neighborhood
      that the City should provide easy access to.
  9) Councilperson Patterson questioned if straightening out Broadway would make things easier and
      rid the City of the stoplight requirement.
  10) Councilperson Patterson commented that the rating of Broadway being the 5th most dangerous
      crossing in the State with arms is based on statistics and not on real life and what is really
      happening out there.
  11) Councilperson Patterson’s final concern was that the other noises in the area would not go away
      regardless of the establishment of a quiet zone or not.

Councilperson Patterson said that the decision when the bridge was moved to its current location was to
close First Street South, and she feels that although things have become muddy since then the Council
should go back to this original decision. Councilperson Patterson reviewed the options as she sees them:
close Broadway and First Street South, keep Broadway open and a have a quiet zone, or keep Broadway
open and forget about the quiet zone. Councilperson Patterson said that she did not feel the option of
closing First Street South and Broadway was attainable nor did she feel that this option should be done.

Mayor Campbell questioned which of the items listed Councilperson Patterson would like answers to.
Councilperson Patterson said that she is concerned with the “T” intersection, as well as whether or not
there will really be a quiet zone with the curve at Second Ave, and she would like to know more about
what is going on in Little Falls in terms of their quiet zone.

Mayor Campbell noted that Little Falls did not do anything in order to establish a quiet zone and he is
flabbergasted that they ever got approval for a quiet zone given the current layout. Terry Wotzka
addressed the Little Falls issue and the phasing out of the quiet zone. He stated that each one of these
quiet zone projects is unique to the City or area in which the project is being estab lished.

Terry Wotzka did not view the “T” intersection as a stop condition. In his opinion he did not see the “T”
as an issue.

In regards to the Second Avenue crossing, Wotzka suspects that the rails are designed similar to
highways in that the curvature that they are designed for allows for a certain sight distance. Wotzka said
that there may be instances in which the horns would be needed and could be used.

Mayor Campbell said that he did not want to revisit the quiet zone issue. He stated that he is not here to
look at taking away the quiet zone. He believes that the majority of the residents want the quiet zone.
Mayor Campbell said that in regards to the commercial development issue, he would not support
commercial development on the west side of the tracks on 1st Street South. He noted that as Wotzka had
reported, $85,000 in pedestrian improvements will be put in to upgrade Second Avenue. Mayor
Campbell said that people will cross the tracks wherever they want, and they are taking their safety into
their own hands when deciding this. He concluded by saying that pedestrian traffic will always have
three places at which to safely cross. Mayor Campbell said that the comment about South Broadway
residents going to east St. Cloud for shopping is being expressed by a vocal minority a bit juvenile on
their part in his opinion.


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Motion: Moved by Mayor Campbell and seconded by Councilperson Gunderson to take Alternate No
2, the closing of Broadway and the opening of First Street.

Discussion:
Councilperson Weber said that Councilperson Patterson brought up some good points. He said that he
was disappointed by the comment at the public meeting by one of the representatives stating that the
quiet zone is up to the discretion of the engineer. Councilperson Weber said that he did not feel that the
curve in question could be any worse than the curve by Lincoln Depot in St. Cloud, and so he was not
too concerned about the curve issue. Councilperson Weber questioned how someone co ming from
Municipal Park from the north is able to take a left at the proposed traffic circle. Terry Wotzka said that
some of the details will need to be worked out, but he felt that there will be a roundabout of some type in
place First Street South. Councilperson Weber stated that he was going to support the motion mostly
based on finances, the fact that it was geographically sensible, and that in the long term it is a wise
decision for the City and downtown merchants.

Councilperson Patterson stated that she is against the motion. She noted that she is glad to hear that
commercial development will not be supported in the parks, and she hopes that will stay the case in the
future in that the parks are very important to the City and the City is lucky to have them along the river.
Councilperson Patterson wanted to also reiterate the fact that she would like to see the Council and the
HRA meet together to discuss other possible uses of the District 4 funds.

Motion carried with a 4 yes votes (Campbell, Gunderson, Webe r, and Saunders) and 1 no vote
(Patterson)

E. Purchase 2008 Skidsteer
Roger Schotl noted that Public Works received $23,000 through Benton County Score Grants, and he
was hoping to use this money along with the funds set aside in the budget to purchase a Caterpillar
257B2 skidsteer from Ziegler Cat. He said that the price of the skidsteer is $42,600.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve the
purchase of a Caterpillar 257B2 Skidsteer from Ziegler Cat in the amount of $42,600. Motion carried
unanimously.

11.  Other Staff Ite ms
None

12.    Other Council Items and Communications

        A. Banner and Crown Presentation for Ms. Teen Benton County, Kelsie Kiekow
Mayor Campbell presented Kelsie Kiekow, Ms. Benton County, with her official crown and banner.
Kiekow will be representing Benton County in the 2009 Miss Teen Minnesota Pageant where she will
compete for a grand prize and the opportunity to represent Minnesota at the 2009 Miss Teen
International pageant.

       B. Parting Comments to Councilperson Patte rson


12-22-2008                                                                                          Page 13
Councilperson Weber noted that when the filing period ended for this year’s elections he could not help
but feel sad in that no matter how the race turned out he knew that the Council would be losing a veteran
member. He stated that he enjoyed working with Councilperson Patterson and thanked her for
continuing to open the dialogue at meetings. Councilperson Weber concluded by stating that he feels
that the City of Sauk Rapids is better today than it was six years ago and he feels that a lot of that has to
do with Councilperson Patterson.

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

Motion: Moved by Councilperson Patterson and seconded by Councilperson Weber to adjourn the
meeting. Motion carried unanimously.

Mayor Campbell adjourned the meeting at 8:55 pm.

Respectfully Submitted,


Dana Furman
Administrative Assistant




12-22-2008                                                                                          Page 14

								
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