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HomeMy WebLinkAbout11-15-07 November 15, 2007 Page 1 of 8 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 15, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Rick Schultz City Administrator Judy Weyrens Citv Representatives Present: City Engineer Randy Sabart, City Attorney Tom Jovanovich, Finance Director Lori Bartlett, Public Works Director Dick Taufen Others Present: Sr, Paula Revier, Sr. Kara Hennes, Gary Donabauer, Katherine Kraft, Randy and Sue Broda, Herman Gangl, Tom Gustafson, Steve Heyman, Kevin Kluesner, Grace D, Judith Huber, Scott Markeck, Phil Welter, Mary Niedenfuer, Steve Niedenfuer, Ellen Wahlstrom, Bob Wahlstrom, Mariteime Woida, Margy Hughes, Thomasette, Mackenzie Ryan, Linda Hutchinson, Miriam Ardolf, Gen Maiers, Mara Faulkner, Joan Felling, Phyllis Plantenberg, Irene Reber Approve Aaenda: Symanietz made a motion to approve the agenda with the following changes: Add to 3b Move 10a Bills Payable: Weyrens presented the Council with a Bond Payment to be added to the Bills Payable. Treasurer's Report: Weyrens also presented the Council with some Residual Transfers to be added to the Treasurer's Report. Interim Use Permit: To be discussed after item 6. Add to 3c The motion was seconded by Wick and passed unanimously. Consent Aaenda: Symanietz made a motion to approve the consent agenda as follows: a. Minutes - Approve the following City Council Minutes: October 4,2007, October 18, 2007 and November 1,2007. b. Bills Payable - Approve check numbers 039550-039609. c. Treasurer's Report - Accept the October Treasurer's Report and listing of donations as presented. d. 2008 FSA Agreement - Authorize the Administrator to execute the Service Agreement for services for the administration of the employee FSA. e. Grant Agreement - Authorize the Administrator and Police Chief to execute a grant agreement between the City of St. Joseph and the MN Department of Public Safety funding extra alcohol enforcement. f. APO FY2009 Appropriations - Authorize the Mayor and Administrator to execute Resolution 2007-042 endorsing the St. Cloud Area Prioritized Project List. g. Environmental Funding - Authorize the Mayor and Administrator to execute Resolution 2007-044 accepting the cost sharing apportionment for the additional environmental assessment for the SW Beltway Study. Discussion: Frank requested minor changes to the minutes of October 4, 2007. The motion was seconded by Frank and passed unanimously. Public Comments to the Aaenda: No one present wished to speak. Delinauent Bill Hearina: Weyrens advised the Council that there is an outstanding invoice that the City would like to certify to the county for collection. The outstanding invoice is for unpaid development fees for Kaeter Trucking. The property owner has been notified several times of the outstanding balance and the City has taken other collection measures prior to certification. Previous attempts to collect the fees were unsuccessful; therefore the staff is requesting the outstanding invoice be certified to the County Auditor for collection. Rassier opened the Public Hearing and there was no one present wishing to speak. November 15, 2007 Page 2 of 8 Symanietz made a motion to close the public hearing; seconded by Wick and passed unanimously. Wick made a motion to certify the delinquent invoice for Kaeter Trucking to the County Auditor for collection. The motion was seconded by Schultz and passed unanimously. 2007 Jade Road Final Assessment Hearino: Weyrens advised the Council that the purpose of the hearing is to consider and possibly adopt, the proposed assessment for the improvement for the properties abutting Jade Road and County Road 121 to include street, curb, gutter, utilities and turn lanes on County Road 121 for those properties abutting Iverson and 3rd Avenue SW. She added that the improvements were constructed to provide utilities to the New School and the Arcon Development. Mayor Rassier opened the Public Hearing. City Engineer Randy Sabart approached the Council to discuss the 2007 Jade Road Improvements. He stated that the project consisted of new Jade Road alignment with turn lanes, curb and gutter, sidewalk and storm water as well as a storm water pond west of the new Jade Road alignment, turn lanes on CR 121 at Jade Road and Iverson Street, trail and lighting along CR 121 from Iverson Street to Jade Road and 15" sanitary sewer and 12" water main from CR 121 Lift Station to School property. The final assessment costs are lower than the preliminary estimate presented to the Council. With respect to the assessments for this project, Sabart explained the assessment policy and how these costs will be assessed. Arcon Development will pay for any costs associated with their development per the Development Agreement. The turn lanes at Jade Road will be split between Arcon (67%) and the School District (33%). The turn lanes at Iverson Street will be split between Sand Company (44%) and future development (56%) as a deferred assessment. Frank questioned Sabart as to whether or not the issues regarding the watermain have been resolved. Sabart stated that the contractor was having difficulties getting the Water main pressure tests to pass. They have since been able to get passing tests and the school is now able to connect to the municipal water supply. Weyrens advised the Council that with the exception of Sand Properties, the residents affected by the Iverson Turn Lanes will have the assessment deferred until the property is developed. When Sand Properties developed Morningside Acres the City required an escrow for the proposed turn lanes. The amount held is escrow exceeds the final assessment amount and the difference will be returned to Sand Properties at the time of final adoption of the assessment roll. Weyrens further stated that District 742 has stated it is their intent to pay their portion of the assessment in full, at the time the assessment roll is finalized. Arcon will finance the assessments over a five year period secured by a letter of credit equal to 80% of the assessment total. David Peterson, Attorney representing Gary Donabauer, Quentin Donabauer and Randy Broda, approached the Council with questions relating to the turn lanes at Iverson Street. He questioned why the other abutting property owners were not being assessed. He was advised that the turn lanes have been required by the Stearns County Engineer and they relate to additional traffic caused by new development. The existing homes on Hill Street and 3rd Avenue NW do not create the need for the turn lanes, it is the additional traffic from new development. Sabart added that those property owners that have undeveloped land are being assessed based on their percentage of developable land due to the fact that the County will not allow any additional accesses off of CR 121. Randy Broda approached the Council as one of the affected property owners. He stated that he was already assessed when the Hill Street Improvements were constructed. Rassier advised Broda that he can have his assessments deferred for up to 30 years. The assessment for Hill Street did not include or relate to the turn lanes at Iverson Street West. November 15, 2007 Page 3 of 8 Vicki Donabauer approached the Council as one of the affected property owners as well. She questioned why the Meyer property along CR121 is not being assessed for the turn lanes. Sabart stated that there is no road in that direction so a turn lane is not necessary at this time. If, in the future, development occurs on the Meyer farm, a traffic analysis will be completed and if a turn lane is needed, the property owner will be responsible for the costs, the same process that has been used for the Morningside Development. Donabauer then questioned what would happen in the event that they do not sell their property. Jovanovich added that they would be responsible for those assessments after 30years. He also stated that the turn lanes will add value to their property. Symanietz made a motion to close the Public Hearing. The motion was seconded by Frank and passed unanimously. Symanietz made a motion to adopt Resolution 2007-045 Adopting the Assessments for the 2007 Jade Road Improvements, clarifying the deferred assessment to "when the property is developed or thirty years, whichever comes first." The motion was seconded by Schultz and passed unanimously. Interim Use Permit. Jake Rorabeck - 221 Birch Street W: Weyrens advised the Council that the Planning Commission approved the Interim Use Permit for 221 Birch Street W contingent upon the property meeting the density requirement no later than November 1. The property owner admitted that he has three tenants, and the maximum the Ordinance allows is two in addition to the property owner. Since the public hearing before the Planning Commission, the property owners have been changing the names on the title documents to in hopes that the property could maintain the three tenants as currently living at the residence. Jovanovich stated that the attorney representing the property owner has contacted him to discuss the matter. The property owner has agreed to reduce the occupancy to two tenants effective December 15. Jovanovich recommended the Council issue the Interim Use permit to allow an owner occupied rental contingent that the property be in compliance with the density no later than December 15, 2007. He added that while the City could require the tenant out sooner, the legal costs would not be worth the result. Jovanovich clarified that he is not encouraging residents to find ways around the Ordinance, rather, spend the resources compliance issues where resolution is not eminent. He stated that his office is currently working on preparing civil and criminal charges for two property owners that have refused to attempt to comply with the City's rental licensing. There were some questions raised with respect to the applications that were received. Wick questioned which application is being reviewed as the owner names have changed since the original application. Jovanovich stated that the original application would be used. Frank stated that the applications for Interim Use should be completed and the answers should be relevant to the questions. Weyrens stated that the Planning Commission has the ability to question any answers given by the applicant; however, the City cannot judge completeness of the answers to each question. Jovanovich stated that the City is looking to pass a new ordinance with respect to rental housing within the City. He added that rental houses in a single family zoning district should not be allowed; rather those should be limited to multi- family zoning districts. Frank questioned whether or not this permit could be limited to one year. Jovanovich stated that it could not as the City cannot force a property owner to change the use of their property. He did; however, add that the City should try to improve its licensing process for rental housing. Rassier made a motion to accept the attorney's opinion to approve the Interim Use permit for Jake Rorabeck, 221 Birch Street W. The motion was seconded by Symanietz. Ayes: Rassier, Symanietz, Schultz Nays: Wick, Frank Motion Carried 3:2:0 November 15, 2007 Page 4 of 8 Field Street Update: Doug Weiszhaar, WSB & Associates, approached the Council to give a brief update of the Field Street Study. He began by discussing where the TAC group has been in their studies/discussions. They began by establishing a purpose and need for the study followed by evaluating the alternatives. WSB completed a detailed study of Alignment "C" and its "Area of potential affect". (Alignment "C" has termini at CR 2 near Interstate 194 and flows east through Monastery and College Property, crosses CR 121 continuing near the current gas substation, eventually bisecting the Rassier Farm and ending at 20th Avenue.) The proposed alignment was forwarded to MnDot Cultural Resource Unit for review of potential historical, cultural and archeological impacts. The studies identified three potential historical/cultural properties: Monastery of St. Benedict; St. Isadore Farm and the Rassier Farm. The identification of the potential historical/cultural properties, the T AC revaluated the alternatives reviewing avoidance alternatives. Weiszhaar advised the Council that the following individuals were a part of the T AC: Mayor AI Rassier; Councilmember Dale Wick; Greg Reinhart, First State Bank; Jim Fredricks, College of St. Benedict; Joe Bechtold, St. Joseph Township; Kara Hennes, Order of St. Benedict; Kelvin Halverson, MnDOT; Cynthia Smith-Strack, City of St. Joseph EDA; Mitch Anderson, Stearns County Engineer; Judy Weyrens, City Administrator; Joe Bettendorf, Former City Engineer; Randy Sa bart, City Engineer; Doug Weiszhaar, WSB & Associates; Brandi Popenhagen, WSB & Associates The purpose of the Corridor as identified by the T AC was to provide a new east-west collector in the southern portion of St. Joseph to support economic health and growth of the community by providing safe and efficient traffic movement for existing and proposed developments and east-west thru traffic. This corridor is needed for the following reasons: · Accommodate development in the St. Joseph Area. · Provide appropriate collector spacing for the urbanizing area. · Relieve existing and future traffic pressures on Minnesota Street and College Avenue. The following items were considered during TAC discussion: · Improve accesses to the campus of the College of St. Benedict. · Improve connection and transit service between the College of St. Benedict and St. John's University. · Promote the economic health and growth of the community. · Consider and minimize social and environmental impacts of the project. · Consider appropriate levels of access for adopted concept. The TAC established four (4) alternatives, in addition to a no-build option, which were evaluated for consideration. Option C, as described above was determined to be the best alternative by a majority of the TAC members; however, three historical areas were affected. Those areas included the Monastery, St. Isadore Farmstead, and the Rassier Farmstead. Weiszhaar stated that they completed a detailed analysis of alternative C. This led to agency meetings with the following groups regarding the impacts to the Historical properties: · Federal Highway Administration · Mn/DOT Cultural Resources · State Historical Preservation Office · St. Cloud APO · City Staff Weiszhaar stated that after the agency meetings, the T AC reconvened to discuss all alternatives reviewed in preparation for the 4(f) evaluation. The review included 14 alternatives which were labeled A - G. At the conclusion of that meeting the T AC recommended further study of the alignment labeled G2. Weiszhaar stated the next step in the study process is to complete the Section 106, 4(f) Evaluation and the Environmental Assessment. Weiszhaar stated that the main goal of the study is to complete an official map for the preferred alignment, not construct the road. The road will be driven by development and portions of Field Street are many years away. November 15, 2007 Page 5 of 8 Weiszhaar stated that the scope of the Study changed since they began. The original contract included the studying of 3 alternatives; however, the TAC studied more than 14. They completed a detailed analysis of Alignment C and now a detailed study for Alignment G2 will be needed as it is longer and in a different location. The EA has changed since the beginning and a 4(f} study will be needed. Frank questioned what would happen if some of the alternatives were removed and only a few were studied. He also questioned if doing that would speed up the process and save the City some money. Weiszhaar replied that the T AC has already gone through the alternatives and narrowed it down to a few for review. He added that they must include avoidance of historical impacts and they need to look at whether or not the alternative is feasible, if it meets the purpose and need, costs and whether or not it is prudent. Scott Mareck, Director of the St. Cloud APO, addressed the Council. Mareck stated that the Field Street Study has been funded through the APO as the corridor is listed as Financially Constrained Road Project. The APO is currently in the process of updating the 2035 Area Transportation Plan. Mareck commended the City for undertaking the corridor study project as St. Joseph is in growth mode and transportation planning is important. Field Street has been a part of the metro vision for the St. Cloud area since the 1980s. Mareck presented a brief overview of the costs for the Field Street study to date and concluded by stating that the City must follow through and complete all of the necessary studies in order to receive the federal funding. Frank stated that it appears that the City is not required to continue with WSB for the remainder of the studies. He questioned whether or not the City could terminate its contract with WSB and hire a new firm to finish the process. Rassier stated that WSB has already begun the EA process. Weiszhaar stated that it would be the Council's decision to terminate the contract with their firm. Any work done up to date would be turned over to the City, if not already done so, and the City would be billed for any outstanding work performed by WSB. Rassier stated that at this time the Council should accept the report of the T AC and WSB as presented. Before the Council discusses the proposed corridor Rassier questioned if any members of the audience wished to speak. Sr. Kara Hennes, St. Benedict Monastery, spoke to the Council as a member of the T AC. She stated that it is her opinion that the following compromises were reached at the T AC meeting and requested that the same be added to the preferred alternative for further study. · Avoid alternatives which sever the historic properties. While all properties may be affected; they would not be severed. · Mapping and a choice of using G2 with the following sub-alternatives: · To include both sections to the East and West of 1-94 · The road coming across from Graceview to terminate at 1ih Avenue and heading north. Go north winding around 16th to 20th. · Add G2 around the Rassier Farm to Hwy 75 near 20th. Rassier stated that those sub-alternatives were addressed by Weiszhaar. Hennes stated that there are a lot of alternatives and many of them are very similar. Rassier stated that there was never any decision for Field Street to end at 1ih. Wick agreed with Rassier that it would not terminate at 1ih. Hennes stated that the access from Graceview Estates would end at 1 ih. Hennes stated that they are asking for more alternatives to be considered. Wick stated that there will be approximately 3 or 4 alternatives that will move on to the next process. Mareck stated that the no-build alternative must be studied as well. He added that no-build options have significant impacts as well as some of the alternatives. Phil Welter spoke on behalf of the St. Joseph Action Group. He expressed concern that in his opinion the TAC minutes have lacked timeliness, completeness and accuracy. He would like acknowledgement that the sub-alternatives be carried forward in the future studies. Rassier stated that those items were addressed by WSB. Welter stated that there seems to be a new attitude towards citizen input. Bob Rassier, owner of the Rassier Farm, approached the Council. He stated that he appreciates all the work that has been done so far. He stated that he always pictured a farm in the City; however, he November 15, 2007 Page 6 of 8 understands that, in time, the City cannot preserve agricultural land in certain areas. He also mentioned that if his farm is split, he will be unable to rent the land as it would be hard to farm small pieces of land based on the large equipment. He concluded by stating that he appreciates the time spent trying to avoid severing his farm. Kevin Kluesner approached the Council as the owners of the North end of the St. Isadore Farmstead. He stated that he has not been as involved in the process as the action group; however, he stated that lots of headway has been made. He added that he is pleased that the City has been more open to new alternatives. He agreed with Rassier that, in the future, the City will be surrounding their property and they want to work with the City as best they can. Kleusner concluded by stating that he too appreciates the work done thus far. Rassier clarified that the Council would like to add the two sub-alternatives as shown by Hennes, as those were the alternatives agreed upon by the T AC. He added that the next step is to complete the Environmental Analysis process and the 4(f) Study. Wick questioned Weiszhaar as to how they handle multiple options. He replied that evidence will come out about each of the primary and sub alternatives. The study will attempt to weigh out historic property vs. wetlands as well as how many homes would be lost due to the corridor. He added that the City, as well as a few other groups, will get a chance to review the results and help determine which alternative would be best. Frank questioned Weiszhaar as to how the timeframe and costs would be affected if some of the alternatives were removed. Weiszhaar replied that the alternatives will be included in the report; however, they would not be studied any longer. Wick questioned the movement along Jade Road to 20th. Weiszhaar stated that this was not included as it would be a North/south movement and that was not in the scope of the project. Schultz stated that it seems as if there are more and more alternatives being discussed and by adding more alternatives, it will increase the costs. Wick made a motion to approve Resolution 2007-043 approving the local cost sharing split for analysis of the G2a/G3, including the sub alternatives stated above. The motion was seconded by Symanietz. Discussion: Frank asked Mareck to clarify his comments related to farmland. He stated that farmland may not be a suitable use; however, it can be used for parks or natural areas rather than houses. Mareck stated that the purpose is to preserve a corridor and it may cross over some farmland. He added that the APO is trying to help facilitate a metro projects and there are many challenges. Mareck also advised the Council that the further south they move the proposed corridor, the benefit to relieve traffic along Minnesota Street diminishes. Rassier stated that it may not alleviate traffic along Minnesota Street; however, the proposed alternatives meet the purpose and need as well as the stakeholders, the City and the APO. Rassier stated that the City needs to preserve these corridors for the future of St. Joseph. The motion passed unanimously. Weiszhaar thanked the Council for their time and patience with this project. Frank made a motion to take a 5 minute recess. The motion was seconded by Wick and passed unanimously. MA VOR REPORTS Coalition of Greater MN Cites Conference: Rassier reported that he recently attended the winter conference for the Coalition of Greater Mn Cities held in Alexandria. Rassier stated the conference included discussion concerning the financial issues of MnDot and potential effects of future municipal funding. He advised the Council that considerable resources are being redirected to the 1-35W bridge; however, the funding for the connection of CR2 and CSAH 75 as this is funded through Stearns County. Frank questioned whether or not the State Representatives are on board with the City for funding of November 15, 2007 Page 7 of 8 projects for the City of St. Joseph. Rassier stated that it would be a good idea to remind them of the transportation needs within the City of St. Joseph. With regard to the relocation of CR 2, Frank stated that it was his understanding that the realignment included three possible locations. Frank questioned when the location will be selected. Weyrens stated that the location has already been selected and the Stearns County is in the design phase of the project. The roadway will be located on the East side of the Bechtold Farm and the environmental documents have already been completed. Maintenance Emplovees: Rassier reported that he spoke with Weyrens, Taufen and Marthaler regarding the two new maintenance employees. Taufen and Marthaler have stated that they are doing well and are an asset to the maintenance staff. COUNCIL REPORTS SYMANIETZ Leaaue of Minnesota Plannina Committee: Symanietz reported that the LMC Planning Committee met to discuss the conference for 2008. They are in the process of narrowing down the topics and choosing sub topics. She stated that they are also working on scheduling speakers for the conference. Wick questioned where the conference will be held to which Symanietz stated it would be in Rochester. WICK Southwest Beltwav Focus Group: Wick advised the Council that the Focus Group for the SW Beltway held an open house. At this point, they are working on choosing the alternatives. If the road goes to the West, it will affect St. Joseph. To the East, it would end up near Mills Fleet Farm. The third option would go between St. Joseph and Waite Park. He added that the Council recently approved the cost-sharing split for the required environmental document, and EIS (Environmental Impact Study). Downtown Oraanizational Committee: Wick reported that the Market Study is now complete and available on the City's Website. Rassier stated that he attended the meeting for the Market Study and Wick did a good job as the City's representative. According to Schultz, the next step is to meet with the business owners. December Meetina: Wick stated that is unable to attend the regular scheduled meeting on December 6. The Council agreed to cancel the regular meetings for December and schedule one meeting for December 13,2007. In addition to the meeting on December 13. the Council has the Truth and Taxation Hearing on November 29, 2007 and additional business will be scheduled for this meeting to accommodate the canceling of the December 6th meeting. SCHUL TZ Park Board: Schultz advised the Council that the Park Board minutes were distributed as FYI. Fire Board: Schultz reported that the Fire Board met and they have decided to terminate the contract with Springsted, the firm preparing an Organization Study. The Study has not been completed in accordance with the terms of the contract and the Fire Board has yet to receive a preliminary report. He added that the City staff will work on the following items for the Fire Department: Succession planning, Weekend Firefighters and Job Descriptions. Weyrens stated that Springsted has forwarded the work completed to date and has submitted an invoice in the amount of $ 5,000.00. Weyrens added that she has begun to gather information from the League of Minnesota Cities as requested by the Fire Board. FRANK Council Workshop: Frank questioned what items will be addressed at the Council Workshop to be held on the 19th. Weyrens stated that the City Attorney will spend the first % hour discussing Council procedures. November 15, 2007 Page 8 of 8 Rassier stated that if the Council has any items they would like addressed, they should forward them to Weyrens prior to the meeting. Northland Drive Siqnal: Frank questioned the status of the signal light at Northland Drive. Weyrens stated that they are working on synchronizing the lights on CSAH75 from St. Joseph to Waite Park. The lights should be operational before the end of the year. Street Issues alono CR2: Frank stated that there are potholes on CR2 near 6th Avenue and questioned Taufen as to the cause. Taufen stated that this has been an ongoing issue, when the road settles the iron castings rise above the street cause maintenance issues. This is particularly a problem for snow removal. Taufen stated that these areas will be repaired. ADMINISTRATOR REPORTS Upcominq Meetinos: Weyrens stated that the Council will meet on Monday, November 19 at 6 PM to discuss current issues and functions and roles of the Staff and City Council and again on Wednesday November 21 at 5PM to further discuss the proposed 2008 budget. Rental Issues: Weyrens reported that Staff met recently to discuss the Rental Ordinance and issues related to licensing. The Planning Commission will be meeting on November 26, 2007 to discuss the same matters and receive input from the City Staff including the City Attorney. Adiourn: Symanietz made a motion to adjourn at 9:40 PM; seconded by Schultz and passed unanimously. , ( / (l V Judy Weyrens Administrator I J / , ' ,- LL( l/c.- 1.-(- t- (..)