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City Council Agendas Prior to 2018

Regular Meeting

Waite Park, MN · June 27, 2016

AgendaMinutes

Minutes

~ ~ ~~ i• 1 A meeting of the Waite Park City Council was held at Waite Park City Hall on Monday, June 27, 2016 beginning at 6:30 PM. MEMBERS PRESENT Members present were Mayor Miller, Councilmembers Linquist, Schneider, Schulz, and Theisen. CITY REPRESENTATIVES PRESENT City Representatives present were City Administrator Johnson, Deputy Clerk-Treasurer Virnig, Chief of Police Bentrud, Public Works Director Schluenz, Planning &Community Development Director Noerenberg, Attorney Hansmeier OTHERS PRESENT Chad Arthur, Kat Hammer OPEN FORUM Mayor Miller invited anyone wishing to speak during the open forum to step forward, but no one came forth. ESGR PATRIOT AWARD PRESENT/~TION Robert Adams, an ombudsman and committee member for employer support of the guard and reserve, which is an agency of the Department of Defense, presented a Patriot Award to Fire Chief Jim Aleshire. Waite Park Firefighter Cody Backer, who is a Sergeant in the Army Reserve, nominated Fire Chief Aleshire for this award because of the help and support Fire Chief Aleshire gave him in coordinating his military duties with his Firefighter duties. COUNCIL AGENDA Motion by Member Schulz, second by Member Theisen, to approve the 6/27/16 Council Agenda as amended: 4.8.(Add) APO Board Appointment The motion carried unanimously. 1. CONSENT AGENDA Motion by Member Theisen, second by Member Schneider, to approve the following 6/27/16 Consent Agenda items: 1.A. Approved Special Council Minutes for May 23, 2016 1.B. Approved Council Minutes for June 6, 2016 1.C. (Pulled for discussion —regarding 17th Avenue Relocation Costs) 1.D. Approved Preliminary Plat of Waite Park Public Works and Park Site 1.E. Approved Waite Park Right of Way Plat Number 5A 1.F. Approved SEH to Prepare Plans and Specifications for the 2016 10th Avenue Overlay Project and Authorize Advertising for Bids 1.G. Approved Massage License for Teresa Papagni at 132 Division St. The motion carried unanimously. 1.C. 17T"AVENUE RELOCATION COSTS Member Linquist questioned when the last relocation payment will be for this project. Attorney Hansmeier stated the payments presented are the last payments for relocation on this project. Motion by Member Schneider, second by Member Theisen, to approve the 17th Avenue Relocation Costs. The motion carried unanimously. 6/27/16 2 2. LUTHER HONDA SIGN VARIANCE Staff has received an application from The Luther Company, LLLP for a variance from Waite Park Ordinance Section 53.11, Table 53-1 to allow an increase in the height of the proposed elevated sign for the new Luther Honda location from 20 feet to 30 feet. The project is located at 1500 Highway 23 West, formerly addressed as 1401 Parkway Drive. The property is zoned B-2, Commercial/General Business District in which the current ordinance limits height of elevated signs to 20 feet. The proposed sign would be located at the northeast corner of the property, at the intersection of Highway 23. Staff met with Luther Honda representatives in May regarding signage for the property and advised them that if they wanted to pursue an elevated sign higher than the 20 feet allowed under ordinance, they would need to demonstrate practical difficulties of the property and why a 20-foot sign is insufficient through the variance application process. Staff further advised them at that time that the request would be held to the City standards of variance request review, as is standard procedure. The applicants submitted a very thorough application narrative and exhibits, which outlines their justifications of practical difficulty for the request. The exact sign design has not been finalized yet as it would not be prudent to do so unless a variance was approved and the applicants know they would be able to proceed with their requested design. Staff does believe that the applicant has demonstrated practical difficulties, primarily due to the location of the existing nearby Menards fence and the alignment of Highway 23. In Staff's opinion, the granting of the variance will not be detrimental to other uses already existing and permitted in the area, and Staff recommended approval of the variance as requested. The Planning Commission held a Public Hearing on June 14, 2016 and after review of the Findings of Fact, recommended approval of the request to recommend to the City Council to approve the variance for 1500 Highway 23 West, as requested by The Luther Company, LLLP. Member Linguist questioned what type of sign it would be. Kathleen Hammer from Landform Professional Service who represents The Luther Company, LLLP presented an example of what the sign would look like. Ms. Hammer stated their signs typically have a white LED lighting component to it. Motion by Member Theisen, second by Member Schneider, to approve the variance for 1500 Hwy 23 West as requested by The Luther Company, LLLP. The motion carried unanimously. The company was acknowledged for presenting very thorough information regarding the variance request. 3. SEEKING DELEGATED POWER TO LICENSE AND INSPECT LODGING In the past several years the city has encountered issues of public safety and police actions with Motel 6, which facility is now closed. In the course of dealing with those issues, Staff contacted the State of Minnesota Department of Health looking for help on how the City could have a larger role in licensing and controlling lodging in the city. The thought being if the City had the licensing and inspection responsibilities we have more contact with lodging facilities to deal with issues as they arise. A second reason for seeking additional powers is the pending proposals of new hotels and lodging in the city. The State of Minnesota delegates the authority to counties and cities for licensing and inspections of lodging. In Waite Park's case, the state's delegated power has been given to Stearns County to inspect and license lodging in the City of Waite Park. In order for the city to take over those responsibilities under current law, Staff must seek and obtain the support from Stearns County and if that is given then seek and receive approval from the Minnesota Department of Health. Staff met with Stearns County Environmental Services and a representative from the County Attorney's office regarding issues with lodging. They indicated a favorable reaction to a proposal that Waite Park would license lodging and would have responsibility for inspections. The proposal would have Stearns County personnel continue to do the actual inspections because lodging inspections include required inspection credentials and because the new proposed facilities likely will serve food and have swimming pools and hot tubs. Those are additional credentials needed to qualify as an inspector. Waite Park would be financially responsible for paying for the inspection services, but Waite Park would be the point of contact for licensing and complaints relating to the lodging. By acquiring these responsibilities we expect the lodging facilities would be more responsive to city concerns. Staff is requesting an action by the Council to permit the Mayor and City Administrator along with assistance of the City Attorney to present a proposal to Stearns County to take over the inspection and licensing of lodging. The County Board would need to be presented with this proposal and if they 6/27/16 3 approved the agreement then the agreement would need to be sent to the Minnesota Department of Health for their consideration. Discussion was held on who would be responsible for certain inspections. The details of licensing and inspecting can be laid out in an ordinance. Motion by Member Schulz, second by Member Linguist, to approve authority to the Mayor and City Administrator to present a proposal to Stearns County to support the granting of inspection and licensing in the City of Waite Park and to seek approval with the Minnesota Department of Health for such delegation. The motion carried unanimously. 4. COUNCIL/N6AYOR 4.A. REVIEI!{/ AND APPROVE BILL~5 Motion by Member Linguist, second by Member Theisen, to authorize payment of the accounts payable list (0616D1). The motion carried unanimously. 4.~. APO BOARD /~PPOfNTMENT A member needs to be appointed to the APO Board again. Motion by Member Linguist, second by Member Schneider, to appoint Member Theisen to the APO Board. The motion carried unanimously. 5. ADMINISTRATOR 5.A. UPDATE City Administrator Johnson reviewed the following: • Member Schneider will be attending the Coalition of Minnesota Cities Summer Conference in July. • Staff is planning to hold an informational meeting possibly on August 15, 2016 with the residents that would be impacted by the annexation. 6. CONSIDERATION OF MAFCING AN OFFER TO PURCHASE THE OViI~lERSHIP RIGHTS AND COMPENSATION OF REAL PROPERTY The Council closed this portion of the meeting to the public pursuant to Minnesota Statute 13D.05 subdivision 3(a)(3) to consider an offer to purchase property owned by the City of Waite Park and which property is currently in the condemnation process. This property was owned by Chris Sis and Jolene Sis and possession was acquired by quick take proceedings. Those proceedings are underway with a commissioner's hearing pending. The legal description for the potential purchase of ownership compensation is: A tract of land lying in and being a part of the Northwest Quarter of Section 20, Township 124 North, Range 28 West, Stearns County, Minnesota, described as follows to-wit: Beginning at a point on the west line of said Section 20, said point being 770.88 feet South of the Northwest corner of said Section 20; thence continuing South along said west line of said Section 20, a distance of 1429.12 feet to the center line of a public road as now constructed and traveled; thence running North 65 degrees 38 minutes East along the center line of said road a distance of 424.91 feet to the east line of the West 391.20 feet of said Northwest Quarter; thence North and parallel with said West line of said Section 20, a distance of 1262.5 feet to a point at right angles to and distant 391.2 feet from the point of beginning; thence deflect 90 degrees left and West 391.2 feet to the point of beginning and there terminating. This property is located along 7'h Avenue South in the City of Waite Park and is the location of the former Sis Upholstery Business. The meeting was closed at 6:52 p.m. pursuant to Minnesota Statute 13D.05 subdivision 3(a)(3) to consider an offer to purchase property owned by the City of Waite Park and which property is currently 6/27/16 6. CONSIDERATION OF MAKING AN OFFER TO PURCHASE THE OWNERSHIP RIGHTS AND COMPENSATION OF REAL PROPERTY (Cont'd.) in the condemnation process. This property was owned by Chris Sis and Jolene Sis and possession was acquired by quick take proceedings. Those proceedings are underway with a commissioner's hearing pending. Motion by Member Linquist, second by Member Schulz, to open the public portion of the meeting at 7:26 p.m. The motion carried unanimously. ADJOURNMENT Mayor Miller declared the meeting adjourned at 7:27 p.m. .~Y'~~ '~ Richard E. Miller Shaunna John o Mayor City Administra 6/27/16

Agenda

WORK SESSION 5:00 p.m. Upper Level Conference Room AMENDED WAITE PARK CITY COUNCIL AGENDA MONDAY, JUNE 27, 2016 6:30 P.M. ESGR Patriot Award Presentation to Fire Department 6:30 P.M. Pledge of Allegiance Open Forum – two minute limit Review and approve, June 27, 2016 Council Agenda 1. Consent Agenda: Recommended action: approval of following items A. Approve Special Council Minutes for May 23, 2016 B. Approve Council Minutes for June 6, 2016 C. Approve 17th Avenue Relocation Costs D. Approve Preliminary Plat of Waite Park Public Works and Park Site E. Approve Waite Park Right of Way Plat Number 5A F. Approve SEH to Prepare Plans and Specifications for the 2016 10th Avenue Overlay Project and Authorize Advertising for Bids G. Approve Massage License for Teresa Papagni at 132 Division St. 2. Luther Honda Sign Variance 3. Approve Seeking Delegated Power to License and Inspect Lodging Facilities in the City 4. Council/Mayor A. Review and Approve Bills 5. Administrator A. Update 6. Consideration of making an offer to purchase the ownership rights and compensation of real property. The council will close this portion of the meeting to the public pursuant to Minnesota Statute 13D.05 subdivision 3 (a) (3) ADJOURN 19 – 13TH AVENUE NORTH PO BOX 339 WAITE PARK MN 56387-0339 PHONE: (320)252-6822 FAX: (320)252-6955 EMAIL: CITY.HALL@CI.WAITEPARK.MN.US WEBSITE: WWW.CI.WAITEPARK.MN.US

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