Sauk Rapids, MN



REGULAR MEETING

SAUK RAPIDS CITY COUNCIL

SAUK RAPIDS GOVERNMENT CENTER, 250 Summit Ave N.

Monday, September 25, 2017

6:00PM

MINUTES

6:00 P.M.

1. Call to Order and Pledge of Allegiance

Mayor Kurt Hunstiger called the meeting to order at 6:00 p.m. Members present: Nick Sauer, Ellen Thronson, Steve Heinen, and Jason Ellering. Others present: Ross Olson, City Administrator, Todd Schultz, Community Development Director,Terry Wotzka, City Engineer, Chad Staul, City Attorney, Craig Nelson, Utilities Director, Jack Kahlhamer, Finance Director, and Dana Furman, Administrative Services Coordinator

2. Additions or Changes to the Agenda

Ross Olson requested to add Approve Ending Probationary Employee’s Employment with the City as agenda item 9-E. Olson also requested to add Approving Probationary Pay for AFSCME Employees Working Sunday Liquor Store Hours and Additional Pay for Hourly Employees as agenda item 9-F.

3. Approve the Agenda

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

4. Approve Minutes

A. 9-11-17 Regular City Council Meeting Minutes

Motion: Moved by Councilperson Ellering and seconded by Councilperson Sauer to approve the 9-11-17 Regular City Council Meeting Minutes. Motion carried unanimously with Councilperson Thronson abstaining

5. Receive and File

NONE

6. Mayor’s Communication

• Former O’Reilly Auto Parts Building-Mayor Hunstiger noted that he often gets asked questions regarding the status of the former O’Reilly Auto Parts building. He explained that the building that has sat empty for the past seven years is still current on its long term lease with O’Reilly. Mayor Hunstiger discussed the Dowtown Impact Mitigation (DIM) program that helped to keep businesses in the downtown when the bridge project threatened a majority of the downtown businesses. O’Reilly Auto Parts ended up in the building, which is now sitting vacant, as part of the DIM program.

Mayor Hunstiger stated that the City feels that the former O’Reilly building, which has been sitting vacant for some time, is in a prime downtown location and the City would like to see something more done with this building. He noted that there had been a potential leasor for the new building adjacent to the O’Reilly building, but a parking disagreement with O’Reilly Auto Parts has caused an issue with the neighboring building attempting to find a tenant. Mayor Hunstiger discussed the letter that the City sent to O’Reilly Auto Parts Corporate Office with the goal of hopefully working out some type of agreement that will at a minimum allow the parking issues to be worked out. Mayor Hunstiger said that he is also hoping that O’Reilly Auto Parts will allow the building owner to make some upgrades to the building so that when the lease is up in three years the building is ready to go. The overall goal here is to keep a viable downtown. Mayor Hunstiger said that the City has not yet received a response from O’Reilly Auto Parts, but he just wanted to provide an update as to where things are at today with the vacant O’Reilly Auto Parts building.

7. Audience Items/Visitors Total Time Limit 2 Minutes for Items NOT on the Agenda

Henry Oerhlein, 3425 Golden Spike Road, talked about how for several months he was attempting to determine who owns the ice arena in Sauk Rapids. Oerhlein said that Sports Arena East, LLC is the owner of the arena.

Jack Kahlhamer said that he thinks that the Benton County Ag Society owns the building and Sports Arena East, LLC runs the building. Kahlhamer explained that this is why the building is tax exempt.

8. Public Hearings

A. Applicant Purpose

City of Sauk Rapids To Discuss the Updates of the City’s Official Assessment Policy As It Relates To Assessment Costs For Downtown Street Lighting

1.

1. Open Public Hearing

Jack Kahlhamer advised that the Public Works Committee of the City Council is recommending that the downtown street lighting assessments for the D-1 zoning district be changed from 50% to the benefited area or properties to 25%. Kahalhamer said that new street lights for redeveloped or new commercial property within the D-1 District shall be installed by the Developer at the Developer’s sole expense.

Merle Gales, 1022 11th Street North, asked what the proper procedure/format is to request a street light as there are some spots in his neighborhood that are extremely dark.

Ross Olson said that traditionally when a development goes in the infrastructure for street lighting is put in at that time. Olson stated that residents wanting additional street lights in their neighborhood need to make this request through Xcel Energy. Olson stated that his recollection is that the residents have to pay for the cost of the installation of the street light and the light itself.

Gales mentioned the street light utility fee that the residents pay for on their utility bills. Olson agreed to meet with Gales to discuss this issue further.

Kahlhamer explained that the street light utility fee that residents pay is for the streetlights in general in the City and it does not cover the installation of new street lights.

Gales disussed the public safety aspect as this area is extremely dark and it is a main thoroughfare.

Councilperson Sauer talked about the street light that his parents had installed in their alley. He said that they pay like $7 a month and it does benefit the neighborhood in terms of safety.

Councilperson Ellering stated that he is very familiar with the area that Gales is describing as being a very dark spot, so he, too, would like to see some discussion happen about a possible streetlight in this location as well.

Gerald Plachecki, 2nd Ave S and 5th Street S, asked that Kahlhamer repeat the proposed changes. Plachecki questioned what this proposed change would mean in terms of his pending assessments. Kahlhamer said that he would get Plachecki an updated assessment cost that shows the proposed 25% assessment cost. Placheki noted that he had asked at a previous meeting if the assessment could be spread out over several years.

Kahlhamer said that the Public Works Committee has been discussing the number of years that the assessment could be spread out and he will get that information to Plachecki as well.

2. Close Public Hearing

Motion: Moved by Councilperson Sauer and seconded by Councilperson Heinen to close the public hearing. Motion carried unanimously.

3. Consider Action

Motion: Moved by Councilperson Ellering and seconded by Councilperson Thronson to approve the ordinance reducing the assessment on Downtown Street lighting in the City’s assessment policy. Motion carried unanimously.

B. Applicant Purpose

Margaret Smolnik To Consider Rezoning 10.59 Acres From Agricultural 1 To Residential 1

2.

1. Open Public Hearing

Todd Schultz noted that the Applicant is proposing to rezone their property from Agricultural 1 to Residential 1. Schultz explained that currently the property is undeveloped with the exception of a shed. He said that the majority of the site is also wet but there is at least one site for a home and it had been stubbed in with services in the past. There is a pending sale on this property in which the buyer would like to construct a home.

Schultz said that the Comprehensive Plan guides this area as Low Density Residential, which fits the R-1 zoning request. He noted that staff has no concerns with the request. The Planning Commission is unanimously recommending approval.

Councilperson Ellering talked about the stipulations that still would have to be met before a home is built on the property. Schultz said that you cannot build in a wetland, so the property owner would have to prove that there is a buildable lot on this property.

Councilperson Ellering aked if it is common practice to rezone before figuring out if the property can be developed. Schultz said that the property is guided residential in the City’s Comprehensive Plan, but typically you do attempt to figure out if the land is buildable before rezoning.

Tony Farrick discussed how his parents lived in this location for 30 years and one of the areas that Schultz is describing as being a City street, Farrick did not agree with as the City has never mainted it.

Schultz said that there are a number of undeveloped streets and alleys in the City. He noted that not all City streets and alleys are maintained or even driveable.

Terri Sylvester, 1109 Summit Ave, stated that when they purchased their home they thought that the there was a City alley not a City street at the back of their property. Sylvester said that now she is hearing that it is actually a City street and she wondered what, if anything, was the difference between the two. Schultz noted that it is an unmainted City street and there essentially isn’t a big difference as they are both public properties.

Merle Gales, 1022 11th Street North, talked about the access to the west and the pine trees that are very aesthetic to this area. He discussed the proposed approaches and the alleys. Gales stated that his concern is that once the City rezones this property, people will find places to build. He said that the serene area was part of the appeal for moving to this area. Gales questioned why the City cannot just have nature land remain in this location.

Bob Behrent, Realtor for Property Owner , said that the intention here is to do a wetland delination to find out where the potential property owners can build. He doesn’t think that they will be going real far in on the property in terms of building their home and they do not have intentions of removing trees. Behrent noted that the plan here is to build one single family residential home.

Henry Oerhlein, 3425 Golden Spike Road, said that he was one of the original developers of this property. He said that this is a definitely a wetland in this location.

Councilperson Heinen noted that the residents here tonight could have purchased the property as well. He said that tonight’s Council action is only about rezoning. Councilperson Heinen explained that there are steps that the property woners will have to go through to demonstrate that here is high ground and a buildable lot in this location.

Councilperson Ellering asked if there are services in this location. Schultz pointed out where the current utilities are and what they would have to do to get utilities put in.

Mayor Hunstiger said that the biggest concern of this area has to be about drainage, especially as it impacts neighboring properties. He noted that the building that is back in the woods located on this property is grandfathered in.

Schultz said that you are allowed to build within the same footprint within 6 months if a property is grandfathered.

Councilperson Heinen said that anyone was free to buy this property, but he is not here to tell a property owner where they can build a home on their property, if it is deemed buildable.

Janet Orton, 1148 10th Ave N, discussed the concerns regarding flooding when it comes to her property.

Councilperson Heinen asked that Schultz go through the process to obtain a building permit. Schultz reviewed the process to get a building permit. He noted that a homeowner is not not allowed to make improvements to their property that could have negative impacts in terms of water on a neighboring property.

Terry Wotzka said that as an Engineer he, too, would review the plans where this house would be going in on the property. Wotzka said that he would be willing to meet with property owner at the property to discuss their plans.

Schultz said that the building permits will not be reviewed by the Planning Commission or by the City Council as residential permits are handled by City staff.

2. Close Public Hearing

Motion: Moved by Councilperson Sauer and seconded by Councilperson Thronson to close the public hearing. Motion carried unanimously.

3. Consider Action

Motion: Moved by Councilperson Sauer and seconded by Councilperson Heinen to approve the rezoning request as submitted on the condition that the Applicant provides a wetland delineation for the site prior to applying for a building permit.

Discussion:

Mayor Hunstiger said that he spoke with the buyer and he is aware of all of the items being discussed tonight.

Motion carried unanimously.

Mayor Hunstiger noted that there are a few “islands” in the City that are not currently zoned as they are on the City’s Comprehensive Plan, so now this property is zoned to match the Comprehensive Plan.

C. Applicant Purpose

Cammo Properties LLC. To Consider A Ten Foot Variance From The Side Yard Setback. Twenty Feet Is Required To Accommodate A New Building To Be Constructed at 1050 Stearns Drive

3.

1. Open Public Hearing

Todd Schultz stated that Cammo Properties (Curley’s Plumbing and Heating) is requesting to put a 3,996 square foot addition at their property located at 1050 Stearns Drive. Schultz said that the existing building on the site is 2,356 square feet.

Schultz noted that the Planning Commission is concerned about the distance that the building will be from Stearns Drive. He said that the Planning Commission recommended that the building be moved closer toward the north property line, which would require a variance. Schultz said that the setback to that property line is 20 feet and they are at that distance with this proposal.

Schultz explained that the Planning Commisison and staff are recommending that the Applicant applies for and the City grants a 10 foot variance to the north property line. He said that by doing this the building could then be moved closer to Highway 10. Because of the curve on Stearns Drive, the building will move futher from Stearns Drive than five feet. Schultz noted that the Applicant has applied for a 10 foot variance, but after a meeting with their building contractor they woud rather the variance be a 5 foot variance. Schultz explained that he scaled off the building with a five foot variance and that would move the building away from Stearns Drive about another 8 feet, so there would be an 18 foot front setback approximately instead of 10. He said that staff is comfortable and believes this to be a good compromise in the spirit of the Planning Commission’s recommendation.

Schultz said that because the variance is somewhat being imposed by the City or it is the City’s desire to move the building in a place that requires a variance, he is requesting that the fee for the variance be waived.

2. Close Public Hearing

Motion: Moved by Councilperson Sauer and seconded by Councilperson Heinen to close the public hearing motion carried unanimously.

3. Consider Action

Motion: Moved by Councilperson Heinen and seconded by Councilperson Sauer to recommend that the Site Plan and Variance request to move the building 5 feet to the north and five feet to the east, that the stormwater, drainage, and utility plans be approved by Engineering before the site plan will be valid, that the dumpster be screened per code, the site plan be updated to reflect the variance, that the City waive the variance fee. Motion carried unanimously.

Mayor Hunstiger and Councilperson Heinen thanked the property owners for exapanding in the City.

9. Consent Agenda

A. Approve Posting of Existing Utility Maintenance Position

B. Approve Work Order #2 to the 2017 2nd Avenue Improvement Project

C. Approve 2017 Plumbing and Mechanical Contractor Licenses

D. Approve Old Municipal Park Building Change Order

E. Approve Ending Probationary Employee’s Employment with the City

F. Approve Additional Pay for AFSCME Employees Working Sunday Liquor Store Hours

Motion: Moved by Councilperson Thronson and seconded by Councilperson Ellering to approve agenda items 9A-9F. Motion carried unanimously.

10. Regular Agenda

A. All Inclusive Park Presentation

Natalie Gerads, Sauk Rapids-Rice High School freshman, presented on her interest to develop an “all inclusive playground” somewhere in Sauk Rapids. Gerads explained that an “all inclusive playground” is a playground that can promote physical, cognitive, learning, visual, and hearing experiences that enrich play experiences for ALL people.

Gerads said that accessibility has no age and playgrounds enrich play experiences for all people. Gerads showed a video of a new inclusive playground in the City of Woodbury, MN called Madison’s Place. She also noted that the City of Cottage Grove also has an adaptive playground.

Gerads discussed her vision for an inclusive playground in the City of Sauk Rapids and where she envisions this park. She said that currently she prefers the area next to Mayhew Creek. She noted that another possible option in the City, which might be a good location for this park, is Autumn Ridge. Gerads talked about possibly reaching out to the community to see if anyone would be willing to donate park land for this cause.

Gerads explained how she plans to make her dream a reality. She plans to start a foundation/non-profit, conduct marketing, create a website, meet with local clubs and organizations, talk to local busineses, and possibly apply for grants.

Gerads is one of 45 students in the nation selected for a Jack Kent Cooke scholarship, which is a 5 year pre-college scholarship for high performing middle school students that aids with them preparing for college.

Councilperson Heinen asked if there was any room at Bob Cross Park for this type of park. Mayor Hunstiger said that he had thought about Bob Cross Park or even the Southside/Lions Park area until Gerads explained to him that you must be contentious about sensory issues, so neither of these locations would likely suit an inclusive playground.

Pleasantview Park was also discussed as a possibility. It was suggested that the Public Works Committee of the City Council meet with Gerads to futher discuss this idea an narrow down where in the City it would make the most sense to put in an inclusive park.

Gerads said that it likely would cost $1 million to establish a well planned out inclusive playground. She thanked the Council for the opportunity to present at tonight’s meeting.

Councilperson Sauer said that he was amazed by Gerads’ presentation and he has complete faith in her ability to achieve this goal. He asked staff if this project would be something in which ½ Cent Sales Tax dollars could be utilized.

Olson provided a brief summary of ½ Cent Sales Tax dollars. Olson stated that more than likely it could be feasible to use ½ Cent Sales Tax Dollars for a project, like this.

Councilperson Ellering agreed with Councilperson Sauer that Gerads did a wonderful job with her presentation. He questioned if the park in Willmar, MN was an inclusive park. Gerads said that the park in Willmar is not quite what she is envisioning in terms of size and what it all entails. Councilperson Ellering said that he has faith in Gerads and faith in the Sauk Rapids community on making this park happen in the City of Sauk Rapids.

Councilperson Thronson thanked Gerads for her presentation and applauded her public speaking abilities. Councilperson Thronson said that she feels this is a great project, and that she would like to see if the City can utilize ½ Cent Sales Tax dollars to make this project happen. She said that she is excited to see where this idea can go.

Todd Schultz mentioned that it might make sense to have two members of the Planning Commisson also on the Committee that would meet with Gerads as the Planning Commission has taken on the role of the former Advisory Park Board.

The Council agreed by consensus to have a couple of Planning Commission members on the Committee.

B. 2018 Preliminary Levy

Jack Kahlhamer advised that included with the agenda materials tonight is the prelinary property tax levy for 2018 that will go to Benton County for collection if the Council approves it tonight. He reminded the Council that the levy can always be reduced before the final levy, but it cannot be increased after September 30, 2017.

Kahlhamer stated that there will be another budget workshop later this year to review the general fund budget and the enterprise budgets along with all of the capital equipment and project plans. The current budget and levy includes an additional Police Officer and an Assistant Building Official starting April 1st.

Councilperson Heinen asked if it was an option for another Police Officer to fill out the remainder of the Violent Offenders Task Force term. Kalhamer said that he wasn’t sure of this as there are certain qualifications that have to be met and he doesn’t know if that could be determined prior to September 30th, so it would be best for this item to remain in the levy at this time.

Motion: Moved by Councilperson Sauer and seconded by Councilperson Heinen to approve a Resolution Adopting a Preliminary 2018 Tax Levy. Motion carried unanimously.

11. Other Staff Items

A. Reminder: Next City Council Meeting is TUESDAY, October 10th due to Columbus Day Holiday

Ross Olson noted that the next City Council meeting will take place on a Tuesday instead of a Monday due to the Columbus Day holiday.

B. Southside/Lions Park Improvements Update

Todd Schultz provided a brief update on where things are currently at with the Southside/Lions Park improvements. He said that the planning is still taking place. Soil borrings and an appraisal, which is needed as part of DNR approvals, are the next needed steps.

12. Other Council Items and Communications

NONE

13. Approve List of Bills and Claims

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

14. Adjournment

Motion: Moved by Councilperson Sauer and seconded by Councilperson Heinen to adjourn the meeting. Motion carried unanimously.

Mayor Hunstiger adjourned the meeting at 7:25 p.m.

Respectfully Submitted,

Dana Furman, Administrative Services Coordinator

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