**PLEASE NOTE: NEW MEETING LOCATION

REGULAR MEETING

SAUK RAPIDS CITY COUNCIL

SAUK RAPIDS GOVERNMENT CENTER, 250 Summit Ave N.

Monday, June 11, 2012

6:00 PM

MINUTES

6:00 PM

  1. Call to Order and Pledge of Allegiance

Mayor Saunders called the meeting to order at 6:00p.m. Members present: Brad Gunderson, Paul Weber, Jared Gapinski, and Bill Bard. Others present: Ross Olson, City Administrator, Adam Ripple, City Attorney, Perry Beise, Police Chief, Terry Wotzka, City Engineer, Pete Eckhoff, Public Works Director, Todd Schultz, Community Development Director, and Dana Furman, Administrative Services Coordinator

2.Additions or Changes to the Agenda

Ross Olson noted that the description of agenda item 9A has been updated to include the adoption of the correlating resolution. A revised agenda reflecting this change was placed on the dais prior to the start of the meeting.

3.Approve the Agenda

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

4.Approve Minutes

A. 5-29-12 Regular City Council Meeting Minutes

Motion: Moved by Councilperson Weber and seconded by Councilperson Gapinski to approve the

5-29-12 Regular City Council Meeting Minutes. Motion carried unanimously.

5.Receive and File

NONE

6.Mayor’s Communications

  • 10 Years of Dedicated Service Recognition, Bonnie Templin, Finance Department—Not

Present

  • 20 Years of Dedicated Service Recognition, John Zwack, Police Department— Not Present
  • 10 Years of Dedicated Service Recognition, Jack Kahlhamer, Finance Department—Not Present
  • 5 Years of Dedicated Service Recognition, Sheila Terhaar, Finance Department—Not Present
  • 5 Years of Dedicated Service Recognition, Harvey Mouzolf, Public Works Department—
  • Not Present
  • 25 Years of Dedicated Service Recognition, Troy Burklund, Police Department—Not Present
  • 25 Years of Dedicated Service Recognition, Tom Roy, Police Department—Present To Receive Plaque

Verso Paper Mill Explosion--Mayor Saunders asked Fire Chief, Tony Hommerding to update the Council on the happenings surrounding the Verso Paper Mill explosion in Sartell. Mayor Saunders noted that in conversations with Mayor Joe Perske of Sartell he thanked the Sauk Rapids Fire Department for the tremendous amount of help that they provided the City of Sartell. Mayor Saunders applauded the success of the Mutual Aid Agreement that the area Fire Departments entered into as this explosion was proof of the importance of such agreements. Before having Fire Chief Hommerding speak, Mayor Saunders thanked the Chief and the entire Fire Department for a job well done. Mayor Saunders stated that he told Mayor Perske that if there is anything that the City of Sartell needs of Sauk Rapids they should let him know. He also spoke about how important it is to keep this business in the area.

  • Tony Hommerding, Fire Chief, shared with the Council an update on Verso Paper Mill. Hommerding thanked the Council for their continued support. Hommerding stated that within minutes of the explosion 14 Mutual Aid Fire Departments were paged. The Sauk Rapids Fire Department was at the Verso Paper Mill for nearly the first twelve hours following the initial call. Hommerding said that safety was a major concern. He noted that official operations continued up until last Monday when things were turned over to the State Fire Marshall for investigation. Hommerding stated that many different organizations were impacted and on hand during the investigation. He said that he is still working with the Finance Department to total up the amount of response hours for the Sauk Rapids Fire Department. Chief Hommerding concluded by saying that he is extremely proud of his firefighters and that it was so great to see all of the area Fire Departments working together for the same cause.

7.Audience Items/Visitors

Total Time Limit 10 Minutes for Items NOT on the Agenda

Barb Helgen, 801 Summit Ave S, noted that she had issues with parking in front of her house even though there is a no parking sign posted. Helgen stated that a few years back the City’s Public Works Department put up a no parking sign, but she said that the Police Department is doing nothing to enforce this sign, and so people continue to park in front of her house. She said that it is nearly impossible for her to park in front of her own home.

Chief Beise said that this is an area right near Benton Drive that is close to a curve/turn lane. Beise noted that a few years ago this area was painted yellow. He explained that the parking issues seem to only become a problem when a neighboring property is having a garage sale. Beise said that he will have his officers monitor the situation following the garage sale to see if parking is truly an issue. Mayor Saunders noted that garage sale in neighborhoods can cause temporary inconveniences when it comes to parking. He asked that staff keep an eye on the no parking area by Helgen’s property.

8. Public Hearings

A. ApplicantPurpose

City of Sauk RapidsTo Consider An On-Sale Intoxicating License, Special Sunday License, On Sale 3.2 Beer License, Off-Sale 3.2 Beer License, and Seasonal Outdoor Sales Within the City of Sauk Rapids For The License Year of July 1, 2012—June 30, 2013

  1. Open Public Hearing

Ross Olson advised the Council that per the City Ordinance, staff is required to request approval of Annual Liquor Licenses via a Public Hearing. Olson noted that staff has conducted an investigation on all Liquor License Applicants. This investigation includes: all appropriate paperwork completed, payment of appropriate fees, background checks, Property Tax compliance, and verification of appropriate insurance.

Olson stated that an investigation was conducted for JLDT Inc. – Bubba’s Bar and Grill; JP’s Investments – JP’s Grill and Bar; Nightway Inc.- Benton Station; Shamrock House Inc. – Jimmy’s Pour House; VFW - VFW Post 6992; American Legion – Post 254; Central MN Junior Hockey; and Northern Tier Retail LLC- SuperAmerica #4434. He explained that Sky Ventures, LLC—Pizza Hut has notified the City that they are no longer wishing to renew their 3.2 Beer On-Sale license.

Olson noted that included with the meeting materials for this agenda item was a letter of opposition regarding Nightway Inc—Benton Station’s liquor license renewal from Krister D. Johnson, Attorney at Law. He stated that staff requests that Council either approve or deny the Resolution for the renewal of liquor license and seasonal outdoor sales for the establishments listed.

Victoria Wogan , 317 8th Ave. S, asked if she could get a copy of the letter submitted by Attorney Krister D. Johnson as she is a Manager at Benton Station. Staff provided Ms. Wogan a copy of the requested letter.

  1. Close Public Hearing

Motion: Moved by Councilperson Gunderson and seconded by Councilperson Bard to close the public hearing. Motion carried unanimously.

  1. Consider Action

Councilperson Weber questioned how the City monitors which establishments hold a 2am liquor license. Olson noted that this is an application that the Alcohol and Gambling Enforcement Division monitors and provides, but the City signs off on this document on an annual basis, which is how the City tracks which establishments are licensed to stay open until 2am. Councilperson Weber also questioned who sets the fee schedule for liquor licenses. Olson stated that the City Council sets the fee schedule for the City when it adopts the fee schedule; however, the State has limits on how much can be charged.

Motion: Moved by Councilperson Gapinski and seconded by Councilperson Gunderson to approve the resolution for Annual Intoxicating On-Sale, Intoxicating Special Sunday, Intoxicating Club, 3.2 Beer On- Sale, 3.2 Beer Off-Sale Licenses, and Seasonal Outdoor Sales for the License Period of July 1, 2012 through June 30, 2013 for the Establishments Listed. Motion carried unanimously.

B. ApplicantPurpose

JMC Companies, Inc.To Consider A Request To Vacate the Drainage and Utility Easement Between Lots 4 and 5, Block 1, Scenic Acres, Running Along The Westerly Property Line of Lot 4 and the Easterly Property Line of Lot 5 Within The City of Sauk Rapids

  1. Open Public Hearing

Todd Schultz informed the Council that the applicant has a homebuyer that is purchasing two lots for one new construction residence and is therefore requesting that the City vacate the easement between the lots located at 1989 and 1979 Peach Drive Northeast. Schultz explained that State Statute governs the procedure to vacate publicly-owned easements not being used for sewer, drainage, electric, telegraph, telephone, and gas or steam purposes. He said that the vacation petition has been signed by the applicable utilities confirming that no agency listed objects to the request.

Schultz said that the City Council must hold a public hearing to solicit public input prior to granting a vacation. The City Council may vacate an easement only upon a finding that the vacation is “in the interest of the public” meaning that the public must benefit, in some manner, from the vacation. Schultz noted that staff has no concerns with the request and only asks that the applicant follow the current grading plan and that the extra sewer and water services be the responsibility of the owner. Schultz stated that staff would also like the applicant to provide a legal making it clear that the vacation does not extend into the front or rear lot easements. The Planning Commission recommended approval on the conditions that Schultz outlined.

Councilperson Weber questioned if it was Pavan Court or Peach Drive that the request is describing. Schultz said that it is the platted name of Pavan Court.

  1. Close Public Hearing

Motion: Moved by Councilperson Weber and seconded by Councilperson Bard to close the public hearing. Motion carried unanimously.

3. Consider Action

Motion: Moved by Councilperson Bard and seconded by Councilperson Gunderson to recommend the approval of the easement vacation on the condition that the applicant follow the current grading plan, that the extra sewer and water services be the responsibility of the owner and that the applicant provide a legal description for the vacation for recording purposes.

Discussion:

Councilperson Weber said that the Peach Drive reference that is included instead of Pavan Court is concerning to him. Schultz said that the legal description will be used for recording purposes.

Motion carried unanimously.

C. ApplicantPurpose

City of Sauk Rapids To Review the City of Sauk Rapids’ Stormwater

Pollution Prevention Program (SWPPP) for 2011

  1. Open Public Hearing

Pete Eckhoff noted that each year the City is required to provide an Annual Report to the Minnesota Pollution Control Agency (MPCA) with a summary of the City’s status of compliance with MS4 permit conditions, including an assessment of the appropriateness of the City’s identified best management practices, and progress towards achieving the City’s identified goals for each of the minimum control measures as required by the permit. He provided history of the MS4 permit. Eckhoff explained that Cities with a population over 10,000 must apply and hold a public hearing. He reviewed the minimum control measures and other aspects of the annual report. The report is due June 30th.

  1. Close Public Hearing

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

  1. Consider Action

Motion: Moved by Councilperson Bard and seconded by Councilperson Gunderson to approve the 2011 Municipal Separate Storm Sewer System (MS4) Report. Motion carried unanimously.

9.Consent Agenda

  1. Approve Temporary On-Sale Liquor and Temporary 3.2 Beer License and Corresponding Resolution For Benton County Agricultural Society Contingent Upon Required Certificate of Liability Insurance Being Submitted
  2. Approve Accident Insurance Coverage For Part-Time Firefighters
  3. Approve Hiring WSB For The Second Street (CSAH #3) Environmental Assessment and Preliminary Design Services

Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to approve agenda items 9A-9C. Motion carried unanimously with Councilperson Gapinski abstaining.

10.Regular Agenda

A. Journey Home Resolution

Todd Schultz noted that staff was recently contacted by a bank that was involved in the sale of the Journey Home property. Schultz said that the bank has asked the City for a letter indicating that the property is in compliance with the Developers Agreement that the city has with them. He stated that in researching the Developer’s Agreement, staff noticed that the Developer was supposed to install three street lights on County Road 46, but those lights have not been installed. Schultz said that in discussing this requirement with Engineering and Public Works, it is their belief that there is no need for street lights in this location. It is staff’s recommendation that the Council adopt the resolution releasing the Developer from this requirement. Schultz said that the requested action will allow him to write the letter as requested by the bank. He explained that the additional required streetlights for future development will be dealt with as development occurs.

Motion: Moved by Councilperson Weber and seconded by Councilperson Gapinski to approve the resolution regarding a partial release of certain lighting requirements related to Journey Home. Motion carried unanimously.

11.Other Staff Items

NONE

12. Other Council Items and Communications

NONE

13.Approve List of Bills and Claims

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

14.Adjournment

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

Mayor Saunders adjourned the meeting at 6:37p.m.

Respectfully Submitted,

Dana Furman

Administrative Services Coordinator

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