Sauk Rapids, Minnesota



REGULAR MEETING

SAUK RAPIDS CITY COUNCIL

City Hall Council Chambers, 115 2nd Ave N.

Monday, January 25, 2010

6:00 PM

AGENDA

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: Ross Olson, City Administrator, Tim Sime, City Attorney, Todd Schultz, Community Development Director, Perry Beise, Police Chief, Jon Halter, City Engineer, Roger Schotl, Public Works Director, Jack Kahlhamer, Finance Director, David Lindmeier, Building Official, Morgan Euteneuer, Student Mayor of the Month, and Dana Furman, Administrative Assistant.

2. Additions or Changes to the Agenda

Councilperson Weber requested to add Snowmobile Complaints as agenda item 12-A and a Storm Fundraiser as agenda item 12-B. Councilperson Gapinski requested to add the Fire Department’s Steak Fry Announcement as agenda item 12-C.

3. Approve the Agenda

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

4. Approve Minutes

A. 1-11-10 Regular City Council Meeting Minutes

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve the 1-11-10 Regular City Council Meeting Minutes. Motion carried unanimously.

5. Receive and File

NONE

6. Mayor’s Communications

• Thank You to Public Works Staff—Mayor Campbell extended a thank you to the Public Works Department for their work in keeping the icy roads this past weekend as drivable as possible. Mayor Campbell also thanked the Public Works Department for the work that they had recently done in repairing three water main breaks in the City.

7. Audience Items/Visitors

Total Time Limit 10 Minutes for Items NOT on the Agenda

NONE

8. Public Hearings

A. Applicant Purpose

North Crest Gymnastics & Dance, Inc. To Consider a Request for a Conditional Use Permit

(CUP) Allowing the Operation of Existing Gymnastics and Dance Cheerleading, Tae Kwon Do, Music Lessons, Day Camp Activities, and Fitness Classes in an I-1, Industrial District Located at 1009 Industrial Drive South in the City of Sauk Rapids.

1. Open Public Hearing

Todd Schultz advised the Council that North Crest Gymnastics and Dance, Inc. is applying for a Conditional Use Permit (CUP) to formally allow its existing uses of gymnastics, dance, cheerleading, Tae Kwon Do, birthday parties, open gym, parent night out, field trips, adult and children’s fitness classes, and summer camp. Schultz said that North Crest is also proposing offering music classes at their facility. No physical changes to the site are proposed with this application.

Schultz noted that in 1999, the Council expressed concern over this family oriented business being located within the industrial park. Schultz said that the City Council meeting minutes from this particular time period made it clear that the approval at that time was for the site plan and not the use. Schultz said that since the use was never formally considered and approved by the City, staff has since worked with the facility’s current management to bring the use into compliance by way of this CUP application process.

Schultz said that the Planning Commission discussed why the applicant would be applying for a CUP instead of an Interim Use Permit as well as the amount and speed of traffic through the industrial park and the grassy area with playground equipment behind the building. Schultz said that the applicant told the Planning Commission that it is their wish to fence in the open grassy area in the future. Schultz said that staff is recommending approval of the CUP. He advised the Council that the Planning Commission recommended approval with one dissenting vote. The dissenting vote was due to one Planning Commission member feeling that a fence around the playground should be included as a requirement of the permit.

Councilperson Gapinski said that he, too, felt that the fence around the playground equipment was something that should be included as a condition of approval.

Bill Corcoran, North Crest General Manager, stated that it has always been the desire of North Crest to put in the fence around the playground area, but with the economy and the cost of the fence in addition to other operating expenses North Crest up to this point has been unable to reach this goal. Corcoran said that North Crest would be willing to put the fence in should the City choose to require the fence.

Councilperson Gapinski questioned Corcoran as to what he considered to be a reasonable timeframe in which for North Crest to add a fence around the playground. Corcoran said that the bids on the installation of the fence would drive the timeline but that his hope would be that the fence would be added by spring. He said that North Crest would need to pull money from every fund available in order to install the fence for the summer camp activities.

Councilperson Weber questioned if Corcoran could share the proposed fencing plan. Corcoran displayed the proposed fenced in playground plan for the Council. He said that the proposed fenced in area is primarily used for the day camps, which take place during the summer months. Corcoran said that currently he is looking to install a 4 foot medium gauge security fencing around the playground area. Councilperson Weber questioned what type of activities currently take place in the proposed fenced in area. Corcoran said that this area is used primarily as a “recess-type” of area with playground equipment for the children to play on.

Councilperson Gunderson questioned how many times North Crest has been in violation of the City’s sign ordinance with their use of the black advertising signs. Schultz said that he was aware of North Crest being in violation of the City’s sign ordinance a while back in terms of the black signs , but that he was not aware of any recent violations. Councilperson Gunderson also questioned the panel storage truck that is parked by North Crest and whether or not this truck is for sale or if it was being used as a means of advertising. Corcoran said that this truck was donated to North Crest and is used for gymnastics and dance shows, but that North Crest was not aware that the truck was causing any problems in the City or that it was a violation of any type of code. Todd Schultz said that he would look in to both items brought up by Councilperson Gunderson.

2. Close Public Hearing

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gapinski to close the public hearing. Motion carried unanimously.

3. Action

Councilperson Weber questioned if the Council only passing the site plan and not the usage back in 1999 was typical. Schultz said that the passage by the City Council regarding the approval of the site plan but not the use that Councilperson Weber was referring to from 1999 was not typical.

Councilperson Gapinski questioned Schultz as to what would be the best way for the Council to impose the fence as a condition of approval should the Council choose to move forward with recommending that the fence be installed. Schultz said that there were a couple of different ways that the Council could go about implementing this requirement. He said that the Council could approve the CUP conditioned upon the applicant bringing forth a plan for the fence by a certain date. The CUP could also be approved with a deadline set in which for the fence to be installed or the item could be tabled and the applicant could come back in two weeks with a plan for the fence.

Councilperson Saunders said that he agreed with the fence requirement with possibly a 4 to 6 month timeline in which for North Crest to install the fence. Councilperson Saunders said that he would also feel way more comfortable approving this request if the request was for an Interim Use Permit versus the CUP. Schultz explained that an Interim Use Permit can be “sunsetted” or that it can have a date in which it is no longer valid, whereas the CUP is continuous and stays with the property. Schultz said that Interim Use Permits are ideal in situations where a use is currently deemed acceptable but where it may be decided that possibly that same use may not be appropriate in the future. He noted that the City typically issues CUP’s versus Interim Use Permits, but he said in this situation with North Crest he could see an argument made for the Interim Use Permit as well.

Tim Sime suggested that the Council consider when determining which permit is more appropriate what would change that would make the Council no longer consider this current use viable. He said that the issue is if the gymnastics, which is the primary use, are going to continue is the City okay with North Crest being allowed as a conditional use of their permit to supplement its income with these more definitive things. Sime said that the Council would need to make a decision whether or not it wants to amortize out the gymnastic use. If the Council wants to amortize out the gymnastics use then that is what the Council would need to decide in terms of whether or not a CUP or an Interim Use Permit should be issued.

Councilperson Weber said that he believes that North Crest is a good asset for the City in that it attracts people from other surrounding cities to Sauk Rapids because of the classes it offers.

Motion: Moved by Councilperson Weber and seconded by Councilperson Gapinski to approve the resolution approving findings of fact and North Crest Gymnastics and Dance, Inc.’s request for a Conditional Use Permit allowing the operation of the existing gymnastics and dance facility with associated activities and classes of cheerleading, Tae Kwon Do, music lessons, day camp activities, and fitness classes at 1009 Industrial Drive South in the City of Sauk Rapids contingent upon the applicant working with City staff to erect a fence prior to outdoor activities taking place .

Discussion: Mayor Campbell said that he feels that the fence requirement is a little restrictive considering that the kids have been playing outside for nearly twenty years in this area, but that he was not going to vote against the motion if this is what the rest of the Council would like to see happen.

Motion carried unanimously.

B. Applicant Purpose

Terrance Utsch To Consider a Request for a Conditional Use Permit (CUP) to Allow a Gun Repair and Retail Shop As A Home Occupation in an R-1, Single Family Residence District at 900 River Avenue South in the City of Sauk Rapids.

1. Open Public Hearing

Todd Schultz advised the Council that Terrance Utsch would like to begin a gun repair and retail shop in his home at 900 River Avenue South with business hours of 3:00pm to 6:00pm. Schultz noted that this property is zoned Single Family Residential District. He said that the City’s Ordinance Section 10.08 Subdivision 2F allows customary, incidental home occupations; however, it states that home occupations shall not include the operation of any wholesale or retail business unless it is conducted entirely by mail and does not include the sale, shipment or delivery of merchandise to or from the premises. It was also noted that the home business can only occur in one defined room in the house and not in the garage.

Schultz stated that staff is recommending denial since although conditions may be imposed on the permit those conditions would be hard to police. He noted that the Planning Commission questions whether this is an appropriate use within a residential setting and is recommending denial of this application due to this location being in a tight residential area and the fact that a Conditional Use Permit (CUP) stays with the land perpetually.

Todd Schultz noted that correspondence has been received regarding this agenda item and that this correspondence has been shared with the Council and added to the public record.

Diana Burlison, 708 River Ave S, stated that this neighborhood is a very popular area for families and outdoor activities. She said that she does not feel that there is sufficient parking for a “business” at this residence. Burlison also noted that the proposed hours of operation are at a time when children are home from school and out enjoying the outdoors. She said that she enjoys living in this neighborhood because it is residential and she would like to see it remain residential.

Terry Utsch, 900 River Avenue South, apologized for not informing the City prior to this meeting of his intention in regards to this application, but he said that he is no longer interested in doing the retail portion of the request. He said that he would like to just focus on the gun repair portion of the request. Utsch would like to do the repair portion of the request to get an idea as to whether or not this would be a feasible business in town. Utsch said that his intention is to repair guns so that they are used safely and working properly. He explained the type of refurbishing/repairs he is proposing to do at his home. Utsch said that he was sorry that the retail portion was included in this request. He continued to say that he does not see a whole lot of parking spaces needing to be required for the repair shop. The proposed hours were created because Utsch is planning to continue his full-time job and just do the gun repair work as a part-time job until he is able to make the repair work a full-time job.

Councilperson Saunders questioned if Utsch’s statement about no longer wanting to conduct the retail portion of the request changes the dynamics/process of the request. Schultz said that this information does not change the process but that it may change the Council’s opinion as to how they would like to act on this request.

Tim Sime said that the current application/request talks about both the retail and gun repair operation. He noted that State law regulates the Council’s ability to limit gun sales. Sime stated that the gun repair operation can only take place in one room in the house and it cannot take place in the garage. Sime advised the Council that he does not believe that this request meets the standards of the ordinance without a variance being granted because he feels that what the request entails is beyond a home occupation as described by the City’s ordinance.

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

Councilperson Weber commended the applicant for attempting to possibly bring a new business in to town. He questioned if this request should go back to the Planning Commission to reevaluate. Councilperson Weber said that he couldn’t help but wonder if there was something that the City could do to help keep this proposed business in town but possibly in a different location than the home as requested.

Mayor Campbell said that he is concerned with how this request may impact the residential area in which the proposed business would take place.

Councilperson Gapinski said that while he is all about wanting to bring new business in to the City of Sauk Rapids he is concerned with the fact that once a CUP is granted it stays with the property.

Motion: Moved by Councilperson Gunderson and seconded by Councilperson Saunders to approve the findings of fact and deny the applicant’s request for a Conditional Use Permit (CUP) for a non-conforming home occupation at 900 River Avenue South in the City of Sauk Rapids.

Discussion: Councilperson Weber said that he was going to vote against the motion because he is concerned that the City should do something more to help potential businesses. He said that there are other businesses operating illegally in the City and he commends the applicant for his willingness to apply for and start up a new business. Councilperson Weber said that he would also like to possibly see an application fee waived for the applicant if staff was able to find another location that would work better for this type of business.

Schultz said that if Utsch was to find another property in a different location in which to operate his business there more than likely would not be the need for a CUP. Schultz said that he would look at other possible areas in which for Utsch to possibly attempt to start his gun repair business.

Motion carried with 4 yes votes for denial (Saunders, Campbell, Gunderson, and Gapinski) and 1 no vote (Weber).

9. Consent Agenda

A. Approve Appointing Keith Schupp to the HRA Board

B. Authorize Appraisal of Bridge Project Right Of Way/DIM Remnant Parcels

C. Approve 2010 Fire Department Captains

D. Approve 2010 Plumbing Contractor Licenses

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

10. Regular Agenda

A. 2010 Housing Code Ordinance

David Lindmeier noted that the Sauk Rapids Housing Code Ordinance has not been updated since it was initially adopted in 1994. He said that at that time the Sauk Rapids Housing Code Ordinance incorporated the 1982 Uniform Housing Code. The City has been using this code up to the present time and the current code has become outdated.

Lindmeier reported that the Cities of St. Cloud, Sartell, and Waite Park have all adopted the 2006 International Property Maintenance Code as the model code for rental housing in their communities. He said that this model code meets current standards for housing and also is compatible with the Minnesota State Building Code. Staff is recommending to the Council that the City adopt the 2006 Property Maintenance Code as its model code for rental housing. Lindmeier said that the ordinance and code have been amended to the review done by the Housing Advisory Committee and the City Attorney. Both the code and the ordinance have also been amended to incorporate the current provisions for Crime-Free Multi-Housing.

Motion: Moved by Councilperson Gapinski and seconded by Councilperson Gunderson to approve an ordinance amending Section 9.03 of the City Code regarding licensing and inspections of residential property. Motion carried unanimously.

Motion: Moved by Councilperson Saunders and seconded by Councilperson Gunderson to approve the summary of publication by resolution. Motion carried unanimously.

B. Interim Ordinance Restricting the Siting of Wind Conversion Systems

Todd Schultz stated that over the past several years, wind energy systems have been evolving rapidly. He noted that as more of these systems have popped up around the country there have been increasing concerns over how these systems affect people in many different ways. Many of the concerns regarding wind conversion systems tend to focus on the large more industrial type turbines rather than the more “residential” style wind turbines that are available on the market today. Schultz noted that there are concerns even with the “residential” style wind turbines in regards to their height but also the noise that they can generate and the moving shadows. Schultz said that he has reviewed the City’s ordinance to determine how this technology would be regulated in the City. He said that he believes the wind conversion systems would fall under the section of the Code that regulates towers. Schultz said that this interpretation would essentially ban wind conversion systems in the City except in industrial areas and in some commercial areas. Schultz said that legal agrees with this interpretation and is suggesting that it may be wise to address wind conversion systems specifically within the City’s code.

Staff is suggesting that the Council adopt this moratorium. Schultz noted that staff would also like from the Council some direction as to how the Council would like to see staff proceed in terms of this technology. He suggested that staff could prepare some draft language for the Planning Commission to consider or this technology could be looked at a committee level before bringing something to the Planning Commission. Schultz said that there are a lot of positive aspects in regards to wind turbines but there are also some negative things that come with the wind turbines, which is why staff wants to take a closer look.

Mayor Campbell said that he is a proponent of wind energy systems, but his concern is the quality of life issue. He said that he is not anti-wind energy, but he wants to see that the City has done thorough research in regards to all aspects of wind energy before making any decisions regarding whether or not to allow wind energy systems in the City.

Councilperson Gunderson said that he personally would like to see the City ban the wind turbines due to the noise and overall appearance of them. He said, however, without knowing what technology will bring about in the future in terms of the wind turbines he would be willing to serve on whatever committee is going to look further in to this topic as he would like to learn more about these systems.

Mayor Campbell suggested that the topic of wind conversion systems be brought to the Land Use Committee for further research. He also suggested that a member of the Planning Commission be invited to attend these committee meetings as well as a resident or member of the SR Green Committee.

Councilperson Weber questioned if wind turbines could be harmful to migrating birds. Tim Sime said that from his research it all depends on the location of the wind turbine.

Motion: Moved by Mayor Campbell and seconded by Councilperson Saunders to approve the interim ordinance establishing a 12 month moratorium on the siting of Wind Energy Conversion Systems (WECS) in all zoning districts within the City of Sauk Rapids and to defer further research to the Land Use Committee with an invitation extended to members of the Planning Commission and interested residents. Motion carried unanimously.

Motion: Moved by Councilperson Gapinski and seconded by Councilperson Gunderson to approve the summary of publication by resolution. Motion carried unanimously.

C. Benton County Environmental Trust Fund Grant Agreement for Wetland Protection and Management Plan

Todd Schultz stated that high priority wetlands exist in the City’s Orderly Annexation Areas. He said that these high priority wetlands are afforded no more protection from draining and filling than low priority wetlands according to existing rules. Schultz said that Benton County has a State approved and locally adopted Comprehensive Local Water Plan. Benton County’s Environmental Trust Fund was established for the sole purpose of developing and implementing a wetland management plan and implementing those action items of high priority in the Benton County Comprehensive Local Water Plan. Schultz said that Benton County has funds available through the Environmental Trust Fund to assist the City in developing its Comprehensive Wetland Protection and Management Plan. The City of Sauk Rapids has high and low priority wetlands. He said that the agreement states that the City agrees to complete a Comprehensive Wetland Protection and Management Plan by December 31, 2011.

Schultz said that in July staff had advised the Council that Benton County offered the City up to $42,000 to complete a Wetland Management Plan (WMP) under the belief that a WMP will allow the processing of wetland applications to become more efficient than the process that exists today. Schultz said that in July the Council authorized staff to send out a Request for Proposals to obtain bids for the creation of a Wetland Management Plan for the City of Sauk Rapids and its annexation areas. Schultz noted that in September the Council approved the development of a Wetland Management Plan.

Schultz reviewed the five completed proposals that were submitted to the City for the WMP. He advised the Council that staff is recommending that the Council accept the WMP bid from WSB & Associates, Inc. for $32,898 and execute the grant agreement with Benton County.

Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to accept the Wetland Management Plan bid from WSB & Associates, Inc. for $32,898 and to approve the execution of the grant agreement with Benton County. Motion carried unanimously.

D. Feasibility Study for Second Avenue Improvements

Jon Halter reviewed for the Council the results of the Feasibility Study for the Second Avenue Improvements. Halter said that as authorized by the City Council, this feasibility report was prepared for improvements to 2nd Avenue from 1st Street North to 1st Street South, and Division Street from Benton Drive to 2nd Avenue. The improvements include installation of streets, storm sewer, water main, sanitary sewer, lighting, and streetscaping improvements. Halter presented the “Opinion of Probable Costs” from the Feasibility Study, which shows the construction costs at $977,583, contingency costs at $97,758, engineering costs at $175,965, and legal and fiscal costs at $9,776. Halter said that the probable cost total for the project is $1,261,082. Halter reviewed the proposed improvements on the overhead for the Council. The total estimated assessment cost would be $462,973. The estimated City cost would be $559,298. The estimated sales tax total for the project would be $238,811.

Halter noted that the Public Works Committee has been working for the past several months on creating a special assessment policy. He said that as the City finalizes the special assessment policy the numbers presented may change a bit, but overall he feels that the policy will run very similar to the numbers presented on the feasibility study in terms of assessments.

Councilperson Weber questioned the storm sewer on 2nd Avenue that was installed in 1993 and whether or not this had to be changed out with the proposed 2nd Avenue improvement project. Halter said that the attempt would be to salvage the current system, but the cost of replacing it was included in the feasibility study to help determine all probable costs. Halter also noted that replacing the storm sewer might be more economical than working around it. Councilperson Weber asked why the storm sewer was installed in 1993 as it appears to be the only improvement made at this time. Roger Schotl said that additional improvements/upgrades were needed for drainage in 1993 so that is why the storm sewer was installed at that time.

Councilperson Weber questioned the streetscaping assessments being based at 50%. Halter said that the streetscaping assessment is another item being worked on and examined in regards to the special assessment policy that staff, legal, and the Public Works Committee have been working for the past several months on.

Councilperson Saunders said that the Public Works committee has been working on the assessment policy for some time now and that it should be available at the next City Council meeting for review. Councilperson Saunders said that the streetscaping issue is being looked at in the assessment policy and whether or not the streetscaping needs to be as elaborate as what has been done in other areas where more funding sources were available.

Motion: Moved by Mayor Campbell and seconded by Councilperson Gapinski to approve the resolution receiving the Second Avenue Improvement Report and calling for a Public Hearing. Motion carried unanimously.

11. Other Staff Items

A. Benton Drive Speed Limit Modification Update

Roger Schotl advised that the speed limit on Benton Drive on 3rd Street going north has changed from 30mph to 35mph as the result of a speed study that was done some time back by Benton County. Schotl said that there is also discussion of increasing the speed limit at 9th Street near Municipal Park to 50mph.

Mayor Campbell said that he does not agree with the increased speed limit on 3rd Street going north because there is a lot of pedestrian traffic as well as the fact that this location is near the Fire Hall, which has emergency vehicles entering and exiting in emergency situations. Mayor Campbell said that he would also like to go on record saying that he feels that increasing the speed limit near Municipal Park is a mistake for the City of Sauk Rapids. He said that he understands that this is a County road and that Benton County will do what it wants in terms of a speed study and changing this speed limit but in his opinion it does not make sense to treat Benton Drive as though it was a highway.

Councilperson Saunders stated that he was curious as to whether or not the Benton County Commissioners could override the speed study and maintain the current speed limit.

12. Other Council Items and Communications

A. Snowmobile Complaints

Councilperson Weber said that he received a call from a resident on the north side of town who was concerned with snowmobiles messing up the sidewalks that responsible homeowners are working throughout the winter to keep clean. Chief Beise displayed the snowmobile ordinance for the Council. A notice of the City’s snowmobile policy is also posted in City newsletters, cable access, and on the City’s website.

Councilperson Saunders asked that snowmobilers use common courtesy and be respectful of property.

Chief Beise said that the Police Department does try to educate snowmobile users before issuing citations for violations in terms of snowmobile use.

B. Storm Fundraiser

Student Mayor of the Month, Morgan Euteneuer, noted that a unique fundraiser will be taking place at Headlines Salon and Spa in Sartell on Saturday, January 30, 2010. She stated that from 2:00pm to 6:00pm, Headlines Salon and Spa is offering haircuts for $10 and is donating all of the proceeds back to the Sauk Rapids-Rice Activities Department to provide activities scholarships for needy students. The fundraiser is designed to be a fun competition with the Sartell-St. Stephen School District to see who can raise the most money. Euteneuer said that the staff at Headlines Salon will be decorating and dressing in school colors to promote the competition and fundraiser. She noted that no appointments are needed and walk-ins are encouraged.

Councilperson Weber said that it sounds like a fun competition for a good cause, but he does feel that Sartell has home field advantage so maybe a re-match can take place at one of the salons in Sauk Rapids.

C. Fire Department Steak Fry

Councilperson Gapinski noted that the Fire Department will be hosting its 21st Annual Steak Fry on Friday, February 12, 2010. Tickets/Donations are $12 per person and the event will take place at the Sauk Rapids VFW. Proceeds for the event go to the Fire Department’s Relief Association.

13. Approve List of Bills and Claims

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

Mayor Campbell thanked Student Mayor Euteneuer for being the first Student Mayor for the City of Sauk Rapids. He said that he hopes that Euteneuer enjoyed the experience and that she was able to learn more about getting involved in her community through this experience. On behalf of the City Council and City staff, Mayor Campbell wished Euteneuer the best of luck in her future endeavors.

14. Adjournment

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

Student Mayor Euteneuer adjourned the meeting at 7:25p.m.

Respectfully Submitted,

Dana Furman

Administrative Assistant

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