SAUK CENTRE CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 1, 2008 6:30 P.M. 1. CALL TO ORDER/ ROLL CALL/ PLEDGE OF ALLEGIANCE The Sauk Centre City Council met in a Regular Meeting on Wednesday, October 1, 2008 at 6:30 p.m. in the City Hall Council Chambers pursuant to due notice being given thereof. Present were Mayor Brad Kirckof, Council Members David Thomas, Keith Johnson and Al Coenen. Also present were City Administrator Vicki Willer, City Planner Sarah Morton, Police Chief Bryon Friedrichs, Public Works Director Wessel, City Engineer Keith Yapp of Bonestroo and Administrative Assistant Nicki Vogt. Mayor Kirckof presided thereat. Council Member Warren Stone was absent. 2. APPROVAL OF AGENDA The agenda was approved with changes 3. APPROVAL OF MINUTES The Council s September 17, 2008 Regular Meeting Minutes were approved with changes. 4. PUBLIC OPEN FORUM None. 5. PUBLIC HEARINGS a. Proposed Assessment for Unpaid Utility and City Service Charges. Mayor Kirckof opened the Public Hearing and read the Public Hearing Procedure. The purpose of the Public Hearing is to consider the proposed assessments for unpaid City and Utility Service Charges. At the Council s September 3rd meeting they called for a hearing to be held at this meeting. The hearing notice was published in the Sauk Centre Herald on September 16 th and was posted and mailed as required by law. State Statute allows for the City to apply unpaid service calls against property taxes. Service calls include fire calls, lot mowing, unpaid electric (electric, water, sewer) and dog impound fees. The assessment calls for a $100.00 administration fee to be added to the amount owed. After thirty days, the assessment roll will be forwarded to Stearns County for inclusion on the 2009 property tax statement. Mayor Kirckof called three times for persons to speak in favor or opposition. None spoke. Mayor Kirckof closed the Public Hearing at 6:38 p.m.
b. Vacation of a Proposed Portion of a Public Alley Ash Street South and East Street Northerly of 4 th Street. Mayor Kirckof opened the Public Hearing and read the Public Hearing Procedure. The purpose of the Public Hearing was to consider a petition received to vacate a portion of a public alley. At the Council s September 3 rd meeting, Resolution 2008-62, Receiving Petition and Setting Hearing on a Public Alley was adopted. City Administrator Willer stated that the Council should consider the access needs of the affected property owners, the access needs of the utilities and also how the vacation, if approved, would affect the maintenance and snow plowing of the balance of the alley. Currently, the City plows the alley in all three directions. If the alley were vacated the City would plow the northerly and easterly segment. The City would also be responsible for plowing the area to the south behind the residence in the south portion not included in the vacation and would need to plow in and back out for that section. The owners of the property, if it were to be vacated, would become responsible for the ongoing maintenance and upkeep of the alley. The easements for the utilities would be preserved and would be allowed access through the alley, therefore no structures such as garages, sheds or fences that would impede the access would be allowed in the vacated area. Mayor Kirckof called for persons to speak in favor of the vacation. David Meyer, 124 4 th Street South, Sauk Centre, MN 56378. Mr. Meyer stated that he is in favor of the vacation and he is present on behalf of all of the petitioners. He stated the reasons they are in favor of the vacation is because the Lezer retaining wall is bowing in, the alley keeps getting wider, rocks are being spread into lawns, pot-holes are forming and there is unnecessary traffic. Public Works Director Wessel stated that the alley is plowed with a 12 reversible blade. Mayor Kirckof called three additional times for persons to speak in favor. None additional spoke. Mayor Kirckof called for persons to speak in opposition. Steve Haeny, 301 Ash Street, Sauk Centre, MN 56378. Mr. Haeny stated that his property abuts the alley and he cannot get into his property in the winter time so he always uses the alley. He also stated that he does not see any excess traffic in the alley. He feels that he Council should asphalt the alley and that they should deny the request to vacate. Dave Walters, 303 Ash Street, Sauk Centre, MN 56378. Mr. Walters asked that the Council deny the request to vacate due to the fact that his garage is located in this alley. He stated that there is no parking allowed on his side of the street so 2
his visitors park in the alley. He also stated that he does not see high traffic in the alley. Dean Bienusa, 115 Sinclair Lewis Avenue, Sauk Centre, MN 56378. Mr. Bienusa stated he is opposed to vacating the alley because he has no way to get to his driveway in the winter due to the ice on Sinclair Lewis Avenue. Chief Friedrichs stated that from a public safety perspective, he feels it is good to keep the alley open. Mayor Kirckof called three additional times for persons to speak in opposition. None additional spoke. Mayor Kirckof closed the Public Hearing at 6:52 p.m. 6. REPORTS/PRESENTATIONS a. The Policy and Planning Committee met on September 16, 2008 to discuss several items. The first was to review a request by the Mustang Bar to amend the City s liquor ordinance to allow the consumption of alcohol outdoors on a patio or deck. Several options were discussed. A proposal will come before the Council on October 15 th after we receive input back from all of the bar owners regarding the impact to their business, input from the Police Department and input from other communities our size. The Committee also reviewed the gas utility franchise. Further information will be discussed during action item 7f. The Committee reviewed a request by Sauk Centre Township for a change to how the City applies third party payments (insurance reimbursements) to the formula used in charging assessments to townships for fire service. The Committee recommended that the request be submitted in writing so it can be reviewed by the Fire Chief, etc. prior to a meeting. The Committee also recommends adoption of an updated Cable Franchise Agreement with Charter Communications. The final draft will be considered by the Council at an upcoming meeting. The final draft has been sent to Charter for their review. b. The Highway 71 Mill and Overlay preconstruction meeting was held on September 30, 2008. Hardrives, Inc. is the general contractor. Advanced traffic signage, electrical looping of traffic lights, patching and iron adjustment will take place starting October 7 th. The actual Mill and Overlay will start on Monday, October 13 th. Painting of crosswalks and striping will immediately follow with a completion date set for October 21 st. 3
MnDOT and Hardrives, Inc. are asking the City to waive the noise ordinance during the Mill and Overlay portion of the project. As it stands, our ordinance prohibits construction between the hours of 10:00 p.m. to 7:00 a.m. With the construction area being the downtown business district and the high volume of traffic during the day, they would like to begin the project by 4:00 a.m., if not earlier. See Action Item 7h. With the Highway 71 Mill and Overlay, PWD Wessel received Mill and Overlay quotes from Hardrives for side streets adjacent to the project. See Action Item 7h. 7. ACTION ITEMS a. See 5a above. A motion was made by Council Member Johnson and was seconded by Council Member Thomas to waive the $100.00 administration fine if paid within 30 days and to adopt Resolution No. 2008-72, Resolution Adopting Assessment Roll Unpaid City and Utility Service Charges. A vote being recorded as follows: For: Council Members Johnson, Thomas, Coenen and Mayor Kirckof. Against: None. Absent: Council Member Stone. The motion passed. b. See 5b above. A motion was made by Council Member Johnson and was seconded by Council Member Thomas to adopt Draft B of Resolution No. 2008-73, Resolution Denying A Partial Alley Vacation Between Ash Street South and East Street Northerly of Fourth Street. A vote being recorded as follows: For: Council Members Johnson, Thomas, Coenen and Mayor Kirckof. Against: None. Absent: Council Member Stone. The motion passed. c. The Police Department and Public Works have an excess of vehicles that are retired or forfeited. A Resolution detailing out the vehicles and actually declaring them as excess and offering them for sale via the online competitive bid process through the Department of Administration has been drafted for consideration and adoption. The following vehicles are available and for sale: 1. 1996 Jeep Cherokee 2. 1997 Dodge Intrepid 3. 1995 Pontiac Sunfire 4. 1994 Ford Explorer 5. 1993 2WD Ford Truck 6. 1993 Buick Century 7. 1986 Chevy Truck 8. 1984 Dodge Truck The vehicles will be listed on the Department of Administration s website for online bidding. The site will carry a brief description of the vehicle including 4
pictures. The vehicles will be on display at the public works facility. All vehicles will be sold as is. The proceeds from the sale will be distributed according to law. The police forfeitures will require remittance to the State and County with the balance retained for police purposes. The public works proceeds will be retained by the City. The website for review of the vehicles is www.minnbid.org. An advertisement in the Herald, Shopper and Peach will list the vehicles and direct interested parties to the site. Council Member Thomas introduced Resolution No. 2008-74, Declaring Property as Excess and Authorizing Advertisement for Sale. The motion was seconded by Council Member Coenen. A vote being recorded as follows: For: Council Members Thomas, Coenen, Johnson and Mayor Kirckof. Against: None. Absent: Council Member Stone. The motion passed. d. The Planning Commission held a public hearing on a zoning ordinance amendment on September 16 th. The hearing notice was published in the Sauk Centre Herald and posted as required by law. City Attorney Mayer has reviewed the following changes: Section 156.022 of the Sauk Centre Zoning Ordinance pertaining to accessory structures to be amended as follows: Change set back on rear and interior lot lines from 4 feet to 5 feet. Section 156.048 of the Sauk Center Zoning Ordinance pertaining to land use descriptions on (4) state licensed residential facility to be amended as follows: Change terminology from mentally retarded to impaired or vulnerable individuals. Section 156.066 Glare, add the following (B) Lighting: All lighting used for exterior illuminate (including offstreet parking area) shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic flow. Stadium lights will only be allowed with a Conditional Use Permit (CUP). (C) Lighting plans shall be submitted with site plan reviews as required within C-1, C-2 and I/C districts. Section 156.077 of the Sauk Centre Zoning Ordinance pertaining to fences is hereby amended as follows: (F) All heights shall be measured from the top of the curb, or in the absence of a curb, from the elevation of the centerline of the roadway. (F) All heights shall be measured from the ground. Section 156.102 of the Sauk Centre Zoning Ordinance pertaining to Permits on (E) Zoning Permits is hereby amended to add the following: (2) Zoning permits shall be valid for one (1) year after which they shall become null and void. Time limits may be extended by the Zoning 5
Administrator for good cause. A second extension shall be decided by the Planning Commission. Termination provisions of one (1) year will also apply to currently issued permits and the one (1) year would run from the date of the adoption of the amended ordinance. (3) Granting of a zoning permit shall occur when all requirements of this Ordinance have been met, but shall not be considered a statement of compliance with regional, State or Federal codes, statutes or laws or approval of the design of the structure or accessories, or description of the property. Subsequent actions of the Zoning Administrator shall not be considered acceptance of structural components or workmanship, but rather would be for the purpose of determining general compliance with this Ordinance. It was the general consent of the Council to table action on this item until staff receives further legal opinion/terminology regarding Section 156.077, Fences as it relates to measuring from the ground. e. Eastside Properties, LLC has made application to amend the Development Agreement dated October 7, 2002 to remove requirement #16 regarding planting coniferous trees a minimum of 4 feet in height to be planted every 15 feet along East River Boulevard. At the Planning Commission s September 16 th recommendation to remove requirement #16. meeting, they made a City Engineer Yapp stated that the reason this requirement was added to the Development Agreement was because Stearns County was concerned about night traffic and the close proximity of the two roads.. It was the general consent of the Council to table action on this item so that staff can receive clarification from the County regarding requirement #16. f. The Policy and Planning Committee met and discussed the next step in establishment of a franchise fee for gas utilities of the City of Sauk Centre. As was reported at the last meeting, CenterPoint has executed the Franchise Agreement (Ordinance) establishing the franchise. That Ordinance lays out the procedure for establishing a fee as follows: 1. The City gives CenterPoint Energy sixty days notice of the intent to adopt a fee and provides them with the proposal. 2. At the conclusion of sixty days the City can adopt the Franchise Fee Ordinance after which the company has sixty days to begin collecting the fee and submitting it to the City. The Committee discussed the method and amount of the proposed fee with the following options: 6
1. Preferred option would be to charge per therm of energy used; however, this option is not available. (The electric franchise is on a per kilowatt basis). 2. The second preferred option is for the fee to be charged as a percent of the revenues for sale of gas. (Two cable companies pay on a percent of sale basis). 3. The third option is a per meter charge. The Committee recommends that the City proceed with the option of charging a fee based on a percentage of the sale of gas. Although the electric utility pays on a per kilowatt basis, it calculates to a 3.2% of gross operating revenues or 3.4% of gross electric sales for the year 2007. To be consistent with the electric franchise, it is recommended that a fee be set at a certain percent of gross total sales. This can be set to begin at a certain date or can be set at a ratcheted amount starting with a lower amount and increasing each year until the goal percent is met. One discussion point to consider is that as the cost per kilowatt of electric sales increases, the franchise fee to the City will not increase since it is based on number of kilowatts sold. Therefore, the electric franchise fee collected as a percentage of gross electric sales is expected to decline as the cost per kilowatt increases. City Administrator Willer noted that the City did budget $25,000 for this in the 2009 budget. Mayor Kirckof read Council Member Stone written comments out loud. In this letter, Council Member Stone felt that the Council should not pass a Franchise Fee at this point. A motion was made by Council Member Thomas and was seconded by Mayor Kirckof to set a franchise fee of 1.5% the first year and address an increase in one year. A vote being recorded as follows: For: Council Member Thomas and Mayor Kirckof. Against: Council Members Johnson and Coenen. Absent: Council Member Stone. The motion failed due to lack of majority vote. A motion was made by Council Member Thomas and was seconded by Council Member Coenen to suspend all franchise fees. A vote being recorded as follows: For: Council Member Coenen. Against: Council Members Thomas, Johnson and Mayor Kirckof. Absent: Council Member Stone. The motion failed due to lack of a majority vote. A motion was made by Council Member Thomas and was seconded by Council Member Johnson to table action on this item. A vote being recorded as follows: For: Council Members Thomas, Johnson, Coenen and Mayor Kirckof. Against: None. Absent: Council Member Stone. The motion passed. 7
g. See 6b above. A motion was made by Council Member Johnson and was seconded by Council Member Thomas to waive the Noise Ordinance for the Highway 71 Mill & Overlay project beginning October 13 and ending at project completion. A vote being recorded as follows: For: Council Members Johnson, Thomas, Coenen and Mayor Kirckof. Against: None. Absent: Council Member Stone. The motion passed. h. See 6b above. Public Works Director Wessel stated that he felt it is important to complete a Mill & Overlay on a portion of Lake Street in conjunction with the Highway 71 Mill & Overlay. The project is approximately 3,640 square feet totaling $10,192 as quoted by Hardrives. This would come out of the Public Works Department Budget. A motion was made by Council Member Thomas and was seconded by Council Member Johnson to approve the Lake Street Mill & Overlay project. A vote being recorded as follows: For: Council Members Thomas, Johnson, Coenen and Mayor Kirckof. Against: None. Absent: Council Member Stone. The motion passed. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS None. 10. CONSENT AGENDA The Council then considered the following consent agenda: a. Schedule of Claims total of unpaid claims: $61,343.89 and paid claims of $3,167.69 for a total of $64,511.58. b. Gambling application for exempt permit request from Holy Family School for raffles on December 17, 2008 at Holy Family School. A motion was made by Council Member Thomas and was seconded by Council Member Johnson to approve the consent agenda. A vote being recorded as follows: For: Council Members Thomas, Johnson, Coenen and Mayor Kirckof. Against: None. Absent: Council Member Stone. The motion passed. 8
11. INFORMATIONAL ITEMS a. At the Safety Committee s July 17 th meeting they made a recommendation to start putting the Safety Committee meeting minutes as informational items on both the Council and PUC meeting agenda. b. The first two Teen Dances went over fairly well with $509.00 being made. Another Teen Dance will be held on October 11 th at the Civic Arena. 12. ADJOURNMENT A motion was made by Council Member Thomas and was seconded by Council Member Johnson to adjourn the meeting. A vote being recorded as follows: For: Council Members Thomas, Johnson and Mayor Kirckof. Against: None. Abstain: Council Member Coenen. Absent: Council Member Stone. With no further business to come before the Council, Mayor Kirckof adjourned the meeting at 8:30 p.m. Respectfully Submitted, Mayor Brad A Kirckof City Administrator Vicki M. Willer 9