Meeting Minutes of the
Wednesday January 4, 2012
Regular City Council Meeting
Item #1: Call to Order
Mayor Hemmesch called the meeting
to order at 6:30 p.m. at the
Members noted as being present: Jim Hemmesch, Mike Mathiasen, Jeff Mackedanz and Scott Kron.
Members absent: Tim Paczkowski
Also present were: Cynthia Smith-Strack, City Planner; Planning Commission members: Tom Niehaus, Tom Schroeder and Ken Gertken; Martin M. Bode, City Administrator; Adam Ripple, City Attorney; Randy Jenniges, City Engineer (SEH); Gordon Dingmann, Public Works Director; Sheldon Lang, EDA President; Chuck Merten, Fire Chief; Greg Stang, PeopleService; Tammy Paczkowski, Cold Spring Record; Mike Liebelt, Henry Schlangen, John Arndt and Ryan Meyer, Local TV Channel 10 camera operator.
Item #2: Approval of City Minutes of December 7, 2011.
A Motion was Made by Mathiasen, Second by Mackedanz to Approve the City Council Minutes of December 7, 2011. Motion Passed Unanimously.
Item #3: Approval of Agenda
Mayor Hemmesch asked if there were any additions or corrections to the agenda. Mayor Hemmesch noted that Item 4 was to be removed from agenda.
A Motion was Made by Kron, Second by Mackedanz to Approve Agenda as amended. Motion Passed Unanimously.
Item 4: Removed
Item #5: Consent Agenda.
Mayor Hemmesch read aloud the list of the following consent agenda items:
a.
Approval
of Just and Correct Claims
b.
Resolution 100-12 Annual Resolution for 2012
c.
Resolution 101-12 Corporate Resolution with the State Bank of
d.
Resolution 102-12 Approve of Tax Exempt License for Cold Spring Area Hockey
e.
Resolution 103-12 Approve of 2012 City of
f.
Resolution 104-12 Acceptance December 2011 Donations
g.
Resolution 105-12 Appointment / Re Appointment of Planning Commission Members
h.
Resolution 109-12 Resolution Approving December 2011 Journal Entries
Councilmember’s Kron and Mackedanz made some general inquiries into the Just and Correct claims and Mayor Hemmesch pointed out that Resolution 105-12 includes a new appointment to the Planning Commission of Kenneth Gertken.
A Motion was Made
to Approve the Consent Agenda as presented by Kron, Second by Mathiasen. Motion Passed Unanimously.
Mayor Hemmesch noted for the record that Resolution 103-12 included an increase to the City’s water rates. This rate increase will be effective for March of 2012 billing for January and February 2012 usage.
Item #6: Presentation of Action Items
Mayor Hemmesch turned
this portion of the meeting over to the
Chairman Niehaus on behalf of the Planning Commission welcomed new Planning Commissioner member Ken Gertken.
Public Hearing Flood Plain Ordinance
City Planner Cynthia Smith-Strack reviewed with the Planning Commission and all those in attendance her following written report:
BACKGROUND
The
Minnesota Department of Natural Resources Water’s Division has notified the
City of
The
FIRM was produced with advanced technology. As such, the extent
of the 100 year and 500 year flood areas have been revised with more
specificity. The attached map shaded in light green
illustrate areas that will be inundated during a once in 100 years flood
event (also known as a 1% event). The areas shaded in dark green illustrate
areas that will be inundated during a once every 500 years event. The red line
corresponds to the regulatory floodway boundary.
The issuance of the FIRM requires existing flood
plain management standards be updated to include standards relating to the
flood way and flood fringe in addition to the general flood plain area. The
flood plain management standards for the City of
The proposed standards when adopted and certified
will allow the City of
Ordinance 2012.100 is attached for your information
as is Resolution 106-12 which approves the Ordinance and provides for summary
publication thereof.
action:
A copy of proposed Ordinance 2012.100 is provided for
consideration at this time. Resolution 106-12 is provided for consideration and
fulfills a dual purpose of approving Ordinance 2012.100 and summary publication
thereof.
FLOOD PLAIN MANAGEMENT OVERVIEW
Flood plain management standards can
relate to zoning ordinances (land use), subdivision ordinances (platting of
property) and building codes. The scope of flood plain management standards
includes preventative and corrective actions. Approved flood plain management
standards allow communities to join the National Flood Insurance Program (NFIP)
and thereby allow residents to secure flood insurance. It is important to note
that property owners within a floodway or flood fringe are not the only persons
potentially affected by flooding. The Federal Emergency Management Agency
reports:
·
Flooding
is the #1 natural disaster.
·
Flood
insurance is only provided by the federal government.
·
Floods
and flash floods happen in all 50 states.
·
Everyone
lives in a flood zone, it’s just a question of whether
you live in a low, moderate or high risk area.
·
Flood
damage is not covered by most homeowners insurance.
·
30%
of flood claims are filed by people living in low risk areas (outside of areas
with a high risk of flooding).
·
Federal
disaster assistance, if made available, is usually a loan you must repay with
interest.
·
In
a high risk area, your home has a 26% chance of being damaged by a flood during
the course of a 30 year mortgage, compared to a 9% chance of fire.
·
The
average claim paid by the NFIP for the last ten years (1997-2006) was $46,168.
·
New
land development can increase flood risk, especially if the construction
changes natural runoff paths.
Flood plain management involves
elevating structures within a flood way (where water runs) and flood fringe
(where overflow flows) to a level known as the regulatory flood protection
elevation. The regulatory flood protection elevation (RFPE) refers to an
elevation 1 foot (minimum) above the 100-year flood plus any stage increase due
to the designation of flood fringe areas. In
Ordinance
2012.100 contains three land use districts within flood plain areas: the
Floodway District (where the water runs), the Flood Fringe District (where the
flood waters go), and the General Flood Plain District (all other areas within
the FIRM).
Following Ms. Stracks presentation Chairman Niehaus offered an opportunity for comments from the public.
After a brief discussion it was the consensus of the Commission that this transaction does meet with the City's comprehensive plan.
Planning Commission Unanimously Approved of Recommending to the City Council That The City Council Approve of it’s Proposed Resolution 106-12, a Resolution Approving of Ordinance 100-12, an Ordinance Amending the City’s Flood Plain Ordinance.
Public Hearing Rezoning of
Tower Acres
City Planner Cynthia Smith-Strack
reviewed with the Planning Commission and all those in attendance the proposed
rezoning request for Tower Acres and discussed the following:
1.
The subject
property is adjacent to Highway 23.
2.
The subject
property in located in the northwest quadrant of an intersection with Highway
23 controlled by traffic lights.
3.
The subject
property is guided in the 2006 Comprehensive Plan for Highway Business.
4.
The highest and
best use of the property is for highway business purposes, including those uses
dependent on heavy volumes of vehicular traffic.
5.
The Tower View
Park Subdivision was designed to accommodate volumes of traffic associated with
highway business uses.
6.
The Tower View
Park Subdivision is serviced by municipal utilities.
7.
The subject
properties are surrounded by business uses and property guided thereto in the
future under the Comprehensive Plan.
8.
The property’s
legal description is:
Parcel Number 74408948002 – Lot 3,
Block 1
Parcel Number 74408948003 – Lot 1,
Block 2
Parcel Number 74408948004 – Lot 2,
Block 2
Following Ms. Stracks presentation Chairman Niehaus offered an opportunity for comments from the public.
After a brief discussion it was the consensus of the Commission that this transaction does meet with the City's comprehensive plan.
Planning Commission Unanimously Approved of Recommending to the City Council That The City Council Approve of Proposed Resolution 107-12, a Resolution Approving of Rezoning of Tower Acres.
Meeting turned back over to the
Item
6a. Consideration of Resolution 106-12 – A Resolution Approving of
Ordinance 100-12 – An Ordinance Amending the City’s Flood Plain Ordinance.
A Motion was Made
by Mackedanz, second by Kron to Approve Resolution 106-12 / Ordinance
100-12. Motion passed unanimously.
Item
6b. Consideration
of Resolution 107-12 – A Resolution Approving the Rezoning of Tower Acres
A Motion was Made
by Mathiasen, second by Mackedanz to Approve Resolution 107-12. Motion passed unanimously.
Item #7: City Engineer's Report
– Randy Jenniges
Jenniges reviewed with the Council
Electrical Pay Application No. 2 and Xcel statement of work regarding the
Consideration of
Resolution 108-12 A Resolution Approving City Engineers Action Request.
A Motion was Made
by Kron, Second by Mackedanz to Approve Resolution 108-12. Motion passed unanimously.
Item #8: Emergency Management – Jesse Kollmann
Kollmann update the Council on the upgrading of the City’s Civil Defense
sirens. Project has been completed as of
December 15, 2011. Kollmann expressed
his apologies for any inconvenience that the public may have experienced due to
the extensive siren testing that was done on December 15th. Also, Kollmann again expressed his
appreciation to all those who so generously donated to this project, donations
totaled $8,000.00.
Mayor Hemmesch and Council expressed their appreciation to Kollmann for
all his fine efforts in getting this project completed.
Item #9: EDA – EDA President Sheldon Lang
Lang reported that two of the Tower Acres parcels have been listed with Century 21 Reality for a 6 month contract. The City has been informed that the Glacial Lakes Trail Pavilion DNR grant application was declined for year 2011 funding. Richmond Civic and Commerce will continue to look for additional donations as well as again applying for the DNR grant in 2012. Lang stated that he is hoping the Council will approve of a new 7 member EDA board and also encouraged and welcomed the Council to attend EDA meeting whenever possible.
Item #10: Fire Department Report
– Fire Chief Chuck Merten
Chief Merten reviewed, with the Council, his submitted written report. Noting that for the month of December there was a total of 15 calls. 12 Rescue, 1 car accident, 1 car fire and 1 residential appliance fire.
Merten wanted to thank the business owners and employers for being so
generous and allowing fire department members that they employee to leave work
to respond to emergency calls.
Chief Merten made the following report for the Council and public of the resent
events involving the City of
As of Thursday December 22, The City of Richmond has not
heard from the Chain of Lakes Fire Board or Townships Supervisors in nearly two
years. On Thursday December 22 the City
of
Also informed them that the City of Cold Spring would act as host if they would like to get together.
That Thursday afternoon the City of
-Shadow program for some type of fee
-extend the current mutually agreed upon contract for three to six moths or what ever time frame they would think appropriate.
-some other form of agreement that could be mutually agreed upon.
-or if no agreement is reached all the City of Richmond has in place is the 2009 fee schedule which was adopted in 2009 when the Township opted to not sign a contract.
The COL Administrator at this meeting asked if he could have a copy of the 2009 fee schedule. Later that afternoon a copy was hand delivered to the COL Admin and President at their Fire Hall. Again it was noted to the administrator and president that it was hoped that a mutual agreement could be worked out so as to ovoid the use of the 2009 fee schedule
Friday December 23, The Mayor and Admin of Cold Spring met
with representatives of the City of
Wednesday December 28, The City of Richmond was informed by
Cold Spring representatives that they had been contacted by the
Thursday, December 29, The City of Richmond received in the
mail from the
Council inquired as to the progress of resolving response time concerns with Cold Cross Ambulance. Merten responded that we are working with the Minnesota Emergency Services Regulatory Board (EMSRB) and are waiting to hear back from them.
Item #11: City Attorney Report –
Adam Ripple
Attorney Ripple reviewed with the Council Resolution 111-12 a resolution
approving of Ordinance 101-12, regulating fire emergency services inside the
City of
A Motion was Made by Mathiasen, second by Kron to Approve
Resolution 111-12 / Ordinance 101-12.
Motion passed unanimously.
Ripple reviewed with the Council Resolution 112-12, a
resolution approving a mutual aid agreement between the City of
A Motion was Made
by Mackedanz, second by Kron to Approve Resolution 112-12. Motion passed unanimously.
Ripple updated the Council on the two blighted properties that the
Council has directed him to address and both property owners have responded to
his letter that request them to agree to allow the City’s building inspectors
to conduct an inspection of their respective properties. Ripple is requesting Council permission to
move forward with obtaining an administrative search warrant if the property
owners for what ever reason should decide not to cooperate with the City of
Richmond request. It was the consensus
of the Council that Ripple move forward with an administrative search warrant
if he deemed it necessary. Mackedanz
unstained from consensus.
Council inquired as to the status of accounts receivable of the Townships for their 2011 fire protection. Administrator Bode responded that as of today one township has not paid their 2nd and 3rd quarter 2011 fire service and another township just paid their 2nd and 3rd quarter minus the 2010 late fees. Bode is hoping that all townships will pay their agreed upon share once they receive their final 4th quarter 2011 invoice. This invoice should be generated by end of January or first part of February.
Item #12: City Administrators
Report – Martin M. Bode
Nothing additional
Item #13: Council Reports -
a. EDA, nothing additional
b. Planning Commission, next meeting to be held on January 26, 2012, 6:00 p.m. at City Hall.
c.
ROCORI Trail, next meeting to be held on 01/05/12, 9:00
a.m. at City Hall in
d.
Tri-City Cable next meeting is Wednesday, January 11,
2012, 5:30 p.m. at
e.
Stearns County Municipal League meeting is scheduled
for January 17, 2012, 6:30 p.m. at City Hall in
Item #14: Additional Purchase Requisitions
Updating of City Code by re-codification - Tabled
Item #15: Other Matters and Related Issues.
Council requested Public Works Director to lock the gate at the compost site.
Mike Liebelt inquired into the possibility of the City posting a “no jake brake” or noise reduction zone on Highway 23 between Casey’s on the West end of Town and the stop and go light at Highway 71 on the East end of town.
Adjournment.
Mayor Hemmesch asked if there were any additional items for the Council to consider. Hearing no further comments, he asked for a motion to adjourn the meeting.
A Motion was Made to Adjourn by Mackedanz, Second by Kron. Motion Passed Unanimously.
Mayor Hemmesch declared the meeting adjourned at 8:17 p.m.
Respectfully Submitted,
Martin M. Bode
Administrator/Clerk/Treasurer