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HomeMy WebLinkAbout2010 [09] Sep 29September 29, 2010 Page 1 of 5 Pursuant to due call and notice thereof, the St. Joseph City Council met in special session on September 29, 2010 at 6:OOPM in the St. Joseph City Hall, opening the meeting with the pledge of allegiance. Members Present: Mayor Al Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, City Attorney Tom Jovanovich, Finance Director Lori Bartlett, Public Works Director Terry Thene Others Present: Tom Klein, Cory Ehlert, Will Huston, Mariterese Woida, Thomasette Schuller, Bryan Virnig, Brad Neugart Approval of the Agenda: Frank made a motion to approve the agenda with the following addition: Add 4a 16'" Avenue The motion was seconded by Loso and passed unanimously. Rivers Bend Plat 2: Weyrens stated that the Planning Commission held a Public Hearing on September 13 to consider a Preliminary Plat and the rezoning for property known as Arcon. The proposed project is located across from Jade Road and will consist of a single - family housing development to be zoned R4 for patio homes. The area is currently zoned as AG, but meets the intent of the Ordinance. Frank questioned Sabart as to the role of sidewalks vs. bike paths. Sabart replied that the APO found a conflict between bicycles and sidewalks and have now recommended that they should be separate. This developer has proposed a shared use with the roadway being slightly wider than the minimum street width. The APO has a concept called the Complete Streets Initiative which allows for various modes of users and various capabilities. This takes into account that there may be pedestrians and cyclists as well as motorists. Frank questioned whether or not this is the preferred way of doing this to which Sabart replied that, if the goal is to separate bicycles from pedestrians, then no. Frank questioned the number of lots. Ehlert explained that the original plan showed 8 lots, but that has been increased to 12. He added that they have agreed to extend the road to the wetland. Frank stated that he is trying not to replicate decisions made on an old plan. Wick stated that the project map shows multi use trails within the plan. The fact that they are proposing to put in wider streets is above and beyond what was proposed in the original PUD plat. Rassier added that the entire plat had trails included since the beginning. He feels that the developer is going out of their way to extend the road to allow for the connection of trails along CR121. Ehlert added that, in an effort to connect users from Lannigan Avenue to CR121, they will be making an extension along CR121 to the development. Wick advised the Councilors that they will have the bike trail marked with no parking signs. Sabart presented some diagrams showing shared uses and stated that one wouldn't typically stripe a bikeway. However, when there is greater traffic volume, it would be best to widen and stripe the lanes. According to the Bikeway Manual, Sabart stated that they would prefer that the parking side be striped. The issue of safety and maintenance was discussed. Sabart stated that the City needs to balance the costs of both safety and maintenance. Frank stated that the City does not clear trails in winter. Sabart explained that, in this case, the trail area would be plowed similar to any City street. The developer is trying to eliminate shoveling for the residents. When the information was presented to the Council, Weyrens' memo stated that there were some concerns that were not yet addressed. Frank questioned the status of those. Weyrens stated that when the original memo was presented, there were questions relating to the width of the road but those have been addressed and we have come to an agreement. Sabart added that he has a comfort level with what they are proposing. His only question is whether or not the Council is okay with their proposal. Loso stated that he is okay with it as there will not be a lot of high traffic. Rassier stated that, if they decide to narrow the streets, he would like to see sidewalks put in. According to Frank, some cities are looking for smaller lots. According to Ehlert, the original plan showed lots being approximately 50' wide; however, the September 29, 2010 Page 2 of 5 proposed plan shows the lots being not less than 80' as they feel there is a market for people who want their own space. Weyrens questioned Sabart as to whether or not all of the other engineering items have been addressed. Sabart stated they have. Symanietz addressed the striping issue again. She questioned whether or not the center line will be striped. According to Sabart, that would typically not be striped. He stated that if there was any striping, it would be the striping of the parking lane. If this were a fully compliant bikeway, Sabart stated that they would suggest either striping or pavement marking. Ehlert stated that if the City would allow them to narrow the road, the developer would consider adding a sidewalk on one side of the street. Frank questioned where golf carts or other motorized devices would travel. According to Sabart, they would travel on the bike line. Jovanovich advised the Council that the law requires that riders ride on the right side of the road. He questioned the possibility of a road with a pedestrian area on both sides. Rassier stated that Northland has the same street design. Loso made a motion to accept the recommendation of the Planning Commission and rezone the property from Agricultural to R4 Patio/Townhome. The motion was seconded by Symanietz and passed unanimously. Frank questioned whether or not the Council is okay with not requiring that the park be built, rather land be set aside by the river for a future park. Weyrens advised Frank that the dedication for the park has already been decided. Wick questioned the amendment to the Developer Agreement with respect to the amount of land that will be dedicated for the park. Previously, the Council discussed the possibility of deferring some fees. Frank asked Weyrens to clarify what the Council decided. She stated that, rather than collecting the WAC and SAC fees upfront, they will be required to pay 1/3 at the time of the building permit and the remaining 2/3 either at the time of the issuance of the certificate of occupancy or within twelve months, whichever comes first. Frank stated that he would like this to be a City policy and be extended to everyone. Weyrens stated that this is similar to other communities. On behalf of the developer, Ehlert stated that they appreciate the City's willingness to partner with them to stimulate development. Ehlert advised the Council that they appreciate this, but it is not exactly a benefit to the developer rather a benefit to the builder or consumer. He advised the Council that the Stormwater Utility Fee is a real fee for the developer and, at $0.20 per square foot; this is generally equal to twice as much as people are paying for the land. Frank questioned Weyrens as to where the City sits in relation to the area cities. Weyrens stated that Sartell and Sauk Rapids' Storm Water Utility fees are close to ours; whereas, Waite Park is still working to implement such a fee. The intent of the fee is to pay for upkeep and maintenance of the storm sewers as well as reporting, etc. Weyrens reminded the Council of the Project Specific Requirements as noted in the Developer Agreement: (a) Widen street for pedestrian and bicycle traffic. The developer does not have to provide sidewalks for the subdivision. However, the Developer agrees to widen the street by four feet to provide for pedestrian and bicycle traffic on the south side of the street. The developer agrees that the south side will be permanently posted as a no- parking area and the Developer will pay for the signage. (b) The County will likely request turning and bypass lanes on County Road 121. The developer must reach a written agreement with the County with respect to construction of the turning and bypass lanes which may be required by the County, or in the alternative, a letter from the County stating that there is no need for a turning or bypass lane. (c) Construction of temporary road and one home. The City will allow the construction of one home and temporary paved road prior to installation of street, curb and gutter. Maintenance and snow plowing of this temporary road will be the responsibility of the developer and at the expense of the developer. The temporary road and construction of the home will not be allowed until approval of the final plat. After meeting with Jeff Miller at Stearns County, the developer was advised that they must construct a right hand turn lane. Wick advised Weyrens of some minor corrections to be made to the developer agreement. Loso clarified that Arcon is still the owner, but Virnig has a contingent offer in place. September 29, 2010 Page 3 of 5 Loso made a motion to approve the preliminary and final plats with the 34' width road being constructed and the bike and parking trail as discussed, subject to the City and Developer executing the Development Agreement according to terms and conditions as discussed. The motion was seconded by Wick and passed unanimously. Nutrition Club: Weyrens stated that the City Council previously discussed a request to relieve the parking requirements for Teli's to accommodate a Nutrition Club. The Council had asked for minutes showing the past actions for this property and those have been distributed for review. Wick made a motion to accept the recommendation of the Planning Commission to require the property owner to secure two parking spaces for the proposed Nutrition Club. The motion was seconded by Frank and passed unanimously. Stearns Electric — Request for Water: Weyrens stated that Stearns Electric has purchased property near the City's Water Filtration plant and is asking the City whether or not there is an opportunity to extend water to their new facility. Due to the fact that that it is the City's policy not to extend utilities to non - incorporated areas, this becomes a policy issue. Stearns Electric is another public entity providing a public service. By approving their request for water, this would allow extension lines to be placed in the ground for future development. Wick questioned whether they would be receiving water from the plant or as feedback from the water tower. Sabart stated that envisioned a water main be extended down the frontage road to Kelp Road and then into the site. This could be an item of public interest in that it would allow for long term growth potential down Kelp Road. Rassier questioned whether the site would then remain in the township to which Weyrens stated it would. Weyrens stated that the City is proposing to provide service, not annex the area. Loso questioned why this would not be annexed. Dave Gruenes approached the Council on behalf of Stearns Electric. He stated that they have had a location in the St. Joseph Township near Manions since 1969. At that time, 45% of their members were within a 15 mile radius. Now, with 25,000 members,.they have approximately 65% within the 15 mile radius. At their current location, they have no room to store their materials and no room for expansion. They have spent the last several years looking for a site driven by their operations to allow for quick response time. Their neighboring business has agreed to purchase their current site to expand their business. They understand that the City cannot to offer services on the other side of the interstate. They may look at installing a well, but also wanted to see if there was an opportunity to connect to the City's water supply at their own expense. If the City is willing to allow that, they would like to begin looking at the cost. If the pipes are installed they would ask that if there was some future development that they be reimbursed for some of the costs. Gruenes added that they would construct the infrastructure to the City's design standards and they will build there, regardless of whether or not the City allows water service to the property. Jovanovich advised the Council that, legally, the City can allow this and MN Statute identifies the process which include presentation of the utility plans to both the Township and Stearns County.There was some discussion about them possibly drilling a well near the City's Filtration Plant, as that may lead to some wellhead protection issues. Wick made a motion to allow City Staff to continue working with Stearns Electric and the City Engineer for the possibility of extending water service to the property near the filtration plant. The motion was seconded by Symanietz. Discussion: Weyrens stated that the question of the Council is whether or not they are willing to amend the policy and allow the extension of water services to property in the Township. If the answer is no, then it does not make sense to waste resources pursing the information. Frank read a letter that he received from a resident, Mike McDonald in opposition to approval of the request. In response, Wick stated that the City cannot annex this property due to the fact that we cannot offer sewer services. Although the City is not annexing anymore land at this time, development could occur at any time. September 29, 2010 Page 4 of 5 Gruenes stated that they are not asking for any taxpayer funds to pay for this. There was some discussion about the amount of water that would be used. Sabart advised the Council that they will have little consumption, but they are looking at this as an option for the fire protection element. Gruenes stated that they appreciate the City's openness to considering this request. The motion passed unanimously. 16th Avenue: Sabart advised the Council that he had a recent discussion with one of the property owners (Mr. Vogel) along 16th Avenue, south of Baker regarding some concerns with the construction and drainage in the front yards. That conversation led to more conversation about some drainage concerns in his backyard due to Liberty Pointe. Vogel is concerned about the drainage that has occurred since Libert point and is requesting the City provide relief. Sabart stated that the contractor completing the 16th Avenue project would have the ability to complete the additional work, it becomes a cost issue. At this time he does not have a cost, but estimates it could range between $ 15,000 and $ 20,000. Sabart stated that he understands, from past history, that the Liberty Pointe area was not mass graded in an effort to preserve trees. Therefore, drainage may not have changed significantly. Sabart stated that he has not completed any survey work to determine the exact remedy or cost. Wick suggested that the City secure the elevations from the Liberty Pointe engineer, to which Sabart stated he has already requested such. . Enterprise Budget: Bartlett presented the Council with the first draft of the Enterprise budget consisting of water, sewer, refuse and storm sewer. In addition the Council was presented with revised General Fund Budget and Levy information based on the Council approved preliminary Levy. Loso questioned staff about the rates to which Bartlett replied that she doesn't anticipate any huge increases. She stated that she is concerned about the water fund debt payments and the City has not experienced the anticipated growth to receive WAC /SAC fees to cover the payments. Weyrens stated that these are the preliminary numbers for the enterprise funds. Prior Council meetings have only dealt with the General Fund so this meeting is the first review of the Council for the enterprise funds. With regard to the General Fund, Weyrens stated that the City received notification from the insurance company that the rates will not be increasing for 2011. Therefore, the General Fund budget can be reduced by approximately $ 29,000. Wick questioned the bond numbers for 2010 as there was a decrease. Bartlett explained that the decrease was due to the bond refunding. Weyrens suggested that the Council meet in a workshop session on October 27 at 5PM. Frank questioned the need for a new compost site. Weyrens stated that more information regarding this will be coming at a future meeting. MN WARN: Thene reported that MN WARN has been activated for Southern Minnesota. Due to the recent flooding, they are requesting that the City of New Ulm borrow a 3" water pump. Request for City Help: Weyrens stated that the City of St. Augusta does not have a sewer router and they have asked Thene for the City of St. Joseph to help out. Thene stated that they have approximately 10 miles of pipe within the City and they are looking to jet approximately two miles this year. Rassier stated that they would be willing to pay for two of our employees to come and provide the service for them and pay the City accordingly. Weyrens stated that, similar to Sauk Rapids and Waite Park, an agreement would be drafted for St. Augusta. Rassier stated that partnering between the area cities is important. Orderly Annexation: Weyrens reminded the Council that the Public Hearing for the amendment to the Orderly Annexation Agreement will be held on Monday night, October 4, at the Stearns County Office in Waite Park at 8:OOPM. October 7 Agenda: Weyrens advised the Council that the agenda for October 7 is full. September 29, 2010 Page 5 of 5 Call in Shows: Rassier advised the Council that the call in shows for both the Mayor and Police Chief will resume in October. Ad'ourn: Wick made a motion to adjourn; seconded by Symanietz and passed unanimously. Judy eyr�ens mistrator