HomeMy WebLinkAbout2003 [03] Mar 20
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Pursuant to due call and notice thereof, the City Council for the City of St. Josep
on Thursday, March 20, 2003 at 7:00 PM in the St. Joseph City Hall.
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March 20, 2003
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met In regular session
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Members Present: Mayor Larry Hosch. Councilors Ross Rieke, Dale Wick, Gary Utsch, and AI Rassier.
Administrator Judy Weyrens. '
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Citv Representatives Present: Joe Bettendorf, City Engineer. i I
Others Present: June Rowland, Ch,arles Eckroth, Evelyn Eckroth, Robby Robinson, Jim Graeve, Marilyn
Brinkman, Sharon Steil, Tom Steil, Tom Krebsbach, Haroid Brinkman, Robert Steffes, Bruce Hanson, i
Jerome Saizer, Ann Reischl, Joe Bechtold, Rick Poplinski, Anna Poplinski, Lindsay Poplinski, Roger I
Woeste, Jim Stotko, Tony Generous, and David Rugemer. '
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Approve Aaenda: Rassier made a motion to approve the agenda with the following changes: move
agenda item 8, Public Works Facility financing to consent agenda 3 (h); remove 11 (a) Multi I
business hookup fees; remove item 3 (g) Park Equipment Purchase. The motion was seconded
by Utsch and passed unanimously. i
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Consent Aaenda: Wick made a motion to approve consent agenda as follows:
a.
b.
c.
d.
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f.
g.
h.
Bills Payable - Approve check numbers 32511 - 32587
Minutes - Approve the minutes of February 20 and March 6, 2003
Amendment to the Joint Planning Agreement - Approve the amendment authorizing additional
membership to the Joint Planning Board as requested by the Board.
Lot Split Request - Adopted the resolution of the Planning Gommission approving the lot split
request of Tom Skahen with contingencies.
Removed
Development Review Fees - Adopt an escrow fee for development review, preliminary plat, final
plat, PUD Development, and Gomprehensive Plan Amendment.
Removed
Financing for the Public Works Facility - Adopt Resolution 2003-_ Initiating the process for
approval of a redevelopment area and scheduling a public hearing.
The motion was seconded by Rassier and passed unanimously.
Þark Eauipment Reauest: Weyrens presented the Council with a request from the Pubiic Works
Department to purchase the following equipment: i
1. John Deere 1545 Tractor $ 8,300.00 Evergreen Equipment
2. (2) Stihl Weed Trimmers $ 180.85 each Lee's Ace Hardware
3. 21" Ariens Push Mower $ 499.99 Lee's Ace Hardware
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Hosch questioned if the City should be approving large capital expenditures at a time when the City is I
facing a loss of revenue. Weyrens stated that the City has been trading in the equipment every two (2)
years and in the past we only paid for the hours used each year. Rassier stated it is his opinion that the
City should go back to the financing program where you only pay for the hours the equipment is used.
Further, he stated that if the Tractor is not traded every two years the value drops significantly and it
would not be cost effective to trade~in the tractor beyond the two year period. Hosch stated he is not
opposed to the equipment request, but questions the timing of purchasing such.
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Rassier made a motion to authorize the purchase of the John Deere 1545 Tractor, 21" Ariens I
Push Mower, and two (2) Stihl weed trimmers as requested. The motion was seconded by Rieke.
Ayes: Hosch, Rassier, Rieke, Wick I
Nays: None Abstain: Utsch , Motion Carried 4:0:1
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Public Hearina Confinement of Utilitv Easement: Mayor Hosch called the Public Hearing to Order a\
7:05 PM and stated the purpose of the hearing is to consider the confinement of the utility easement to
the southerly 20 feet of the below described property. The confinement of easement is necessary to
correct an error in the original recording of the utility easement.
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March 20, 2003
Page 2 of 6
That part of the Southeast Quarter of the Northeast Quarter (SE 3 NE 3) of Section Ten (10),
Township One Hundred Twenty-four (124) North, Range Twenty-nine (29) West, described
as follows: Commencing at the Northwest corner of said SE 3 NE 3; thence South 00" 39' 3"
West (assumed bearing) along the West line of said SE 3 NE 3 for 287.12 feet to the point of
beginning of the land to be described: thence continuing South 00" 39' 03" West along said
West line for 420.96 feet to the Northerly right of way line of the Burlington Northem Railroad;
thence South 84" 06' 23" East along said Northerly right of way line for 181.08 feet to the
centerline of County Road No. 133 as now constructed and traveled; thence North 50" 22'
16" East along said centerline for 145.29 feet to a line bearing South 39" 37' 44" East from
the point of beginning: thence North 39" 37' 44" West for 450.36 feet to the point of
beginning.
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Their being no one present wishing to speak Hosch closed the public hearing at 7:06 PM.
Wick made a motion to confine the utility easement on the above descñbed property to the
southerly 20 feet as requested by the City Engineer. The motion was seconded by Rassier and
passed unanimously.
Public Comments: No one wished to speak
Stearns County Park. Peter Theisman: Peter Theisman approached the Council on behalf of the Stearns
County Park Department. Theisman stated that the Stearns County Park Department is in the process of
writing a grant for the possible acquisition of the Honer property located on the west side of Kraemer
Lake. Part of the application includes letters of support from the surrounding Communities. Theisen
stated it is the intent to make the Honer property a Regional Park.
Hosch opened the floor for comments or questions.
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Gharlie Eckroth of 29381 Kraemer Lake Road spoke in objection to the proposed park. Eckroth stated
that he has concerns if the Honer property becomes a regional park as Kraemer Lake could become an
over crowded lake/beach, source of noise, and have a negative impact to the fish stock. Eckroth further
stated a County Park has the potential of being a liability to the City with a large portion of the lake area
being non taxable.
June Rowland of 29467 Kraemer Lake Road spoke in objection to creating a park with a public landing
and boat access. Rowland stated the lake is not large enough to accommodate additional boat traffic and
fears the integrity of the Lake will be at risk if a pubiic access is provided. Rowiand further stated she is in
favor of preserving the land for a park, but does not want a public / boat access designed as a part of the
park.
Bob Steffes of 29547 Kraemer Lake Road spoke in objection to the proposed park. Steffes stated that in
1 978/1979 the Kraemer Lake Homeowner's Association contracted to have a study completed on the
viability of the Lake. The results of the study indicated that Kraemer Lake could not support a
development like is being proposed at this time. The study indicated that restrooms, (septic) would have
the potential of running into the lake affecting the phosphate level. Steffes further stated that the area
being discussed contains a large wetland area and the study indicated that development would be a
disturbance to the wetland areas.
Rieke questioned those present if they preferred a housing development to a regional park. Steffes
responded that they do not object to development along the lake, but a regional park is more
development then the Lake can support. Steffes stated the Lake could support single family development
but not multiple family or campground facilities.
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Joe Bechtold, Sf. Joseph Town Board Member spoke in support of the proposed regional park. Bechtold
stated that while the proposed park is not in the Orderiy Annexation Agreement between the City of St.
Joseph and St. Joseph Township, the area is included in the sewer study. Bechtold stated that the
County is only looking to purchase the property at this time. The development of the park will come at a
later time and pubiic input will be encouraged, Bechtold stated that he does not support a public access
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March 20, 2003
Page 3 of6
for motorized vehicles but beiieves the Honer property should be preserved. Bechtold stated it is his
opinion that the property owners would rather see a park develop than additional' housing units.
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Jim Graeve of 619 East Minnesota Street spoke in support of the proposed park. Graeve stated that the
City has the opportunity to be part of the Planning for a regional park. The proposed park wiil be a benefit
not oniy to the residents of St. Joseph, but the local businesses. Graeve stated that in discussing the I
proposed park with the County Park Board Chair, he indicated the park can be developed in a manner I
that would best suit the community. Graeve encouraged the Council to write a letter of support for federal
tunding for the proposed parkland purchase of the Honer Property. I
Mayor Hosch questioned Thelsman regarding the boat access. Theisman stated the County could I
develop the park and not allow motorized boats. The public access could only be utilized for canoes or
watercrafts that can be ported to the access. Theisman stated that Warner Lake is managed by the i
County and motorized boats are not allowed. Theisman stated in his opinion Warner Lake is an example
of a successful County Park. '
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Utsch stated the Council already made a motion to not support the park and the area is not in the Orderly
Annexation Area. In addition, Utsch stated that he cannot support a project that does not have a I
development plan. Utsch questioned what assurances and input the City will have when it comes to the
public access and building areas. Theisman stated the main goal of the County is to protect the forest
and wetlands. !
Theisman stated that if funding is received for the acquisition of the property a planning process similal to
what was used for Quarry Park will begin. As far as submitting a grant request before a plan is '
developed, Theisman stated that developing a park plan wili cost an estimated $ 40,000 to $ 50,000.
Before expending County funds on development, they want to make sure the County can acquire the I
land. Theisman stated the goal of the County Park Board is to provide recreation of all types to the I
residents of Stearns County and he believes the proposed park can accommodre many of the goals. I
Hosch spoke in support of the proposed park, Hosch stated that while he is against a public access, he
encourages the Council to send a letter of support for the Park and then become active in the planning'
process. Hosch stated that residents keeping requesting a pool and providing a park area with water I
would resolve the concern of the residents. The City is not in a position where a pool could be built. I
Hosch stated the letter of support could state the City only supports the acquisition of the land not the I
proposed development. Rassier stated he personally does not beiieve that the City and Township willi
have any input to the planning of the county park and stated he cannot support the request of the Stearns
County Park Board. ,i
Rassier made a motion affirming the prior action of the City Council deny¡hg the request of I
Stearns County seeking a letter of support from the City of St. Joseph supporting the (and
acquistion of the Honer Property to be used for a Regional County Park. The motion was
seconded by Wick. '
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Discussion: Wick stated the Gouncil needs to deal with issues within the Gity and the Orderly I
Annexation Area. Township Supervisor Joe Bechtold stated it is his opinion that the Gity Gouncil
is being unfair to the Gounty Park Board and they should take this opportunity to work with the
Park Board to develop a Park that will benefit all the residents.! I
Ayes: Rassier, Rieke, Wick, Utsch ¡ I
Nays: Hosch Motion Carried 4:1:0
Final Plat - Libertv Pointe. Rick Poplin ski: Rick Poplinski of Viking Development approached the Council
requesting Final Plat for Liberty Pointe, Weyrens reported that minor changes have been made to thé
plat since the Council approved the Preliminary Plat. Based on the recommendation of the City Engineer
the following changes were made to the preliminary plat: ' "" i
1. 17'h Avenue SE - The name of the strt?~tba?be~nCh~~gedto Constitution 'I
Drive. The name was changed since tne road is éurvili,near'and assigning onF '"
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March 20, 2003
Page 4 of 6
continuous street name will alleviate problems associated with changing a street I
name at a curve. Weyrens reported that City Staff has reviewed the name
change and it was the consensus of public safety staff that renaming the street
was in the best interest of the City.
2.
Frontage Changes - Due to the large wetland on the southern edge of the
proposed development, the proposed private street has been moved north to
avoid as much of the wetland as possible. This movement changed the
configuration of some of the lots but they are minor changes and do not create
non-conforming lots.
Wick questioned why the trail is not indicated on the final plat and if it has been moved as requested by
the Planning Commission. Poplinski stated that trail easements cannot be included on a final plat and a
separate document will be prepared to assure that the trails will be available for public use. Bettendorf
confirmed that trails cannot be recorded as an easement and he will work with the developer to relocate
the trail.
Bettendorf stated that there are still two outstanding issues on the preliminary plat:
1. The easement for the private road is thirty (30) feet wide and if three utilities are to be
buried in that same area, and additional ten (10) feet will be needed. Poplinksi stated
that change can be accommodated.
2.
Drainage issues need to be reviewed as Bettendorf has some concerns as to how the
water will drain on the south end of 16th Avenue. Bettendorf stated that at the public
hearing residents expressed concern with current drainage issues and requested the
Council assure that the proposed development will not cause additional drainage
concerns. The residents were informed that the developers would meet with them and
discuss the current drainage issues. As of this time this has not been done and
Bettendorf does not recommend moving forward until this matter is resolved.
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Bettendorf requested the Council delay action on the final plat as it is his understanding that a final plat
cannot be approved if the contingencies from the preliminary plat have not been resolved. The Council
agreed to table this matter to April 3, 2003 placing final approval on the Consent Agenda provided the
outstanding issues have been resolved.
Weyrens stated that Viking Development is also seeking approval for public financing of the
improvements. Weyrens further stated that she has meet with Poplinksi and he is aware that the private
road cannot be publicly financed. As far as financial assurances, Poplinksi has agreed to provide an
irrevocable letter of credit to equal a percentage of the total assessments outstanding. The Council must
determine the percentage of assessments that would be covered through the letter of credit. Weyrens
stated that she discussed this matter with the City Attorney and he agreed that a letter of credit would
provide assurance to the City, but requested the opportunity to review the letter of credit before executing
the developers agreement.
Bettendorf stated that if the City will be financing the project, a resolution must be adopted requesting the
completion of a feasibility report. While it is not typical to approve a feasibility report without final plat
approval, it is necessary to begin the report at this time so the improvements can be constructed this
year. Bettendorf requested Viking Development provide an assurance that should the project not be
approved they will pay for all costs associated with the completion of a feasibility report. Poplinski stated
that he would provide the assurance as requested by Bettendorf.
Rassier made a motion to accept the request of Viking Development to publicly finance the I
improvements for Liberty Pointe provided the City is presented with an irrevocable letter of credit,
approved by the City Attorney, equaling 80% of the outstanding assessments. The motion was
seconded by Hosch.
Ayes: Hosch, Rassier, Wick, Utsch
Nays: None Abstain: Rieke
Motion Carried 4:0:1
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March 20, 2003
Page 5 of6
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Utsch made a motion adopting Resolution 2003-_ declaring adequacy of petitiDn and ordering:
preparatiDn of the feasibility report. The motion was secDnded by Wick. I
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Ayes: Hosch, Rassier, Wick, Utsch
Nays: None Abstain, Rieke
Motion Carried 4:0:1
Zonina Ordinance Revision. Repealina Ordinance 52: Rassier made a motion adopting ResDlution i
2003-_ Authorizing Summary PublicatiDn of Ordinance 52 - An Ordinance Repealing Ordinance
52 and Ordinance 56, previously in effect pertaining to the regulation Df zoning regulatiDns and
land uses within the City, and replacing them with Ordinance 52-A. The mDtiDn was seconded by
Rieke. I
Discussion: Hosch stated the Planning Gommission had done an exceþtional job with the' zoning
Ordinance and he only has concern with one provision, the maximum height of a building. Th~
existing Ordinance limits the height of a building to 35 feet or 2 Y. stories while the proposed I
Ordinance allows for a 3 story building or maximum height of 40 feet. Hosch stated it is his
opinion that buildings should be limited to 35 feet in height. I
Rassier stated that he understands the concern of Hosch but encourages the Gouncil to look at
the future needs of the Gity and approve Ordinance 52 as presented by the Planning I
Commission. I
Ayes: Rassier, Wick, Utsch, Rieke
Nays: Hosch
Motion Carried 4:1:0
MAYOR REPORTS
Wobeaon Welcomina Committee: Hosch requested the 2003 Mayor's Appointments be amended by
appointing Dale Wick to the Wobegon Trail Committee. The Council by consensus accepted the
appointment.
Maintenance Facility: Hosch stated it is his opinion that the Council and EDA made the right decision n
moving the location of the Maintenance Facility. The decision to purchase the property will allow the City
to plan effectively and is the best long term solution for the City. '
COUNCIL REPORTS
RIEKE - No Report
RASSIER
Plannina Commission Vacancv: Rassier questioned the status of the application process for the open
Planning Commission position and encourages any resident who wouid be interested in the position to,
contact the City Offices. Hosch stated that he has received one application as of this time. I
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Joint Planninq Commission I Council Meetina: Utsch reminded the Council that the public hearing for the
adoption of the revised Subdivision Ordinance is scheduled for April 14, 2003, 7:00 p.m. at City Hall.
,Utsch clarified the public hearing will be a joint hearing before the Council and ~Ianning Commission.
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WICK - No Report
ADMINISTRATOR REPORTS
Fund Transfer: Weyrens requesting authorization to transfer $28,900 from the Gener¡¡1 Fund to the
Wobegon Fund. In December of 2002 the St. Joseph Lions donatèif$ '10~000 tó'thè tity to be tJsed for
either bathrooms at Klinefelter Park or the Wobegon Welcoming Center. Weyrens stated that th~ I
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March 20, 2003
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Welcoming Center is scheduled to begin construction the Spring of 2003 and requested the Council
allocate the donation from the Lions to the Wobegon Fund. Weyrens further stated that the Park Board
has allocated $ 18,000 of development funds for the Welcoming Center as well and requested the
Council transfer the dedicated funds from the General Fund to the Wobegon Fund.
Weyrens reported that the traji is being 100% funded by Stearns County with the City of St. Joseph
funding the Welcoming Center. The fund balance in the Wobegon Fund after the fund transfer will be
approximately $44,000.
Hosch made a motion authorizing the transfers of $ 28,000 from the General Fund to the Wobegon
Fund as requested. The motion was seconded by Utsch and passed unanimously.
SUrPlus Propertv: Weyrens reported the Fire Board had recommended the City Council and Township
declare the 1972 GMC Tanker as surplus property and allow for the sale of such through sealed bids.
Rassier made a motion declaring the 1972 GMC Tanker as surplus and authoñzing the sale of
such through sealed bids as requested. The motion was seconded by Rieke and passed
unanimously.
Adiourn: The meeting was adjourned at 8:25 p.m. by consensus.
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