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HomeMy WebLinkAbout2004 [04] Apr 01 I I I I I I April ,2004 Page 1 017 I I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 1 , 2004 at 7:00 PM in the St. Joseph City Hall. I 1 Members Present: Mayor Larry Hosch. Counciiors Gary Utsch, AI Rassier, Ross Rieke, Dale Wick. City Administrator Judy Weyrens. i I City ReDresentatives Present: City Engineer Tracy Ekola, Building Official Ron Wasmund, City Attorney Tom Jovanovich, Police Chief Pete Jansky, Public Works Director Dick Taufen Others Present: Jamie Thelen ADD rove AQenda: Wick made a motion to approve the agenda with the following changes: Move 10 Discuss after the Senior Farewell Discussion. The motion was seconded by Utsch and passed unanimously. Consent AQenda: Rassier made a motion to approve the consent agenda as follows. A motion was seconded by Wick and passed unanimously. i , i a. Bills Payable - Approve check numbers 34000-34057 i b. Minutes - Approve the minutes of March 9, March 22, 2004 I c. Wobegon Traiihead Grant - Authorize the Mayor and Administrator to execute the matching grant agreement between the City of St. Joseph and the Minnesota Department of Natural Resources for the Wobegon Welcoming Center. I d. Gambling Permit - Accept the Gambling Premise Permit for St. Joseph Parish for an event to be held on July 3-4 at the St. Joseph Church grounds. I e. Ordinance Amendment - Authorize the Mayor and Administrator to execute the Amendmer1t to Ordinance 52.29, R-3 Multiple Family. ! i Public Comments to the AQenda: Ernie Diedrich approached the City Council requesting the City ¡ celebrate Arbor Day and support the pianting of trees within the City. Hosch presented Diedrich with al proclamation declaring support for trees and the last Friday of Mayas Arbor Day. Hosch encouraged ' residents to plant and preserves trees. St. JoseDh LeQion Post 328 Park Exoansion: St. Joseph Legion CommanderJerome Weyer approached the Council regarding the beautification of Monument Park. Previously, the City Council authorized the Legion to construct a monument in Memorial Park honoring fallen veterans. The I rnonument was paid for and installed at the expense of the American Legion. The original plan included two phases with landscaping the second phase. Weyer stated the Legion is ready to begin phase two i and is requesting approval for such. i I Phase two includes the installation of paving stones to create a walkway to the monument and trees and shrubbery around the monument. The walkway will be wheel chair accessible. Weyer stated the Legion has secured 60percent of the needed funding and anyone wishing to donate for the landscaping can do so by contacting the St. Joseph Legion. I I Wick stated the Park Board has reviewed the proposed improvement and questioned the location of the utilities in relation to the proposed placernent of the trees and shrubbery. Rieke stated that before the I project can begin, the Legion is required to contact Gopher One Call who wili locate all the underground utilities. The plantings can then be placed strategically around the wires. Wick made a motion to accept the landscaping plan of the St. Joseph Legion to enhance Monument Park. The motion was seconded by Utsch and passed unanim,ously. Senior Farewell: Elissa Pfannenstein of the CSB Student Senate and Luke Heller of the SJU Student Senate appeared before the Council to request authorization to use Centennial Park for the annual April 1, 2004 Page 2 of 7 Student Farewell Event. Previously the event has been held at the Lighthouse (Del Win) and the Senates are trying to restructure the event making Senior Farewell a community event. The seniors from CSB and SJU are requesting that 'the Council give them authorization to use Centennial Park for their Senior Farewell. Elissa Pfannenstein and Luke Hellier spoke to the Council on behalf of CSB and SJU. They stated that they will no longer be requesting alcohol. They mentioned that there will be food and music. They have talked to Chief Jansky in regards to having extra security. Utsch asked the students how many students are expected to attend this event. They stated there will be roughly 800 seniors as well as some faculty and staff members. There were a few issues that the Council asked for clarification on. o PARKING - Rassier stated that with that many people, there is going to be a definite parking issue. Pfannenstein stated that they will have buses going to and from the park from both CSB and SJU. As a result, they do not think there will be any need for the students to be driving to the park and they can also tell the other students that they must walk or take the bus that is being provided. o WHY CAN'T THIS BE DONE ON CAMPUS - Utsch questioned the students as to why they can not hold the event on either the CSB Campus or the SJU Campus. They said there are two reasons why they chose to do this off campus. First, because of the increased traffic due to students moving out. Secondly, because of graduation the next day there is already a lot going on around campus. Hellier also stated that this is a tradition to have Senior Farewell the day before graduation. o IS CENTENNIAL THE RIGHT LOCATION? - Rassier asked them if Centennial is the right location for this event due to the proximity of the houses and local businesses. Hellier stated that they intend to go around to the residents in that neighborhood and the local businesses and explain to them what will be happening before the event takes place to keep them informed. Rieke asked why they didn't chose to have this event at Millstream Park instead because it is a larger park. The students stated that they chose Centennial because of its proximity to the College and also because they don't want the students to have to cross Highway 75. They also weren't sure if the renovations would be completed in time. o SECURITY DEPOSIT - Utsch questioned how much they are paying for their security deposit. They stated that they have already paid a $500.00 security deposit. o SECURITY - The students said they have arranged to have Patrol Officers from another area patrol the area. They will pay $36.00/hour and a total of $580.00 o LIQUOR - Wick questioned whether they are going to have alcohol. Rieke asked if the event will still take place if they are unable to have alcohol. Pfannenstein stated that according to the liability policy, O'Hara's is not a viable option. As a result, they stated this will be a non- alcoholic event. o LIABILITY - Utsch questioned where the insurance and liability fall. If there are any damages, Pfannenstein stated that CSB/SJU Senate will pay if they did the damage. The city can not require insurance from the students for this event because other people who rent the park are not required to provide insurance. o CLEANUP - The CSB/SJU will be in charge of cleaning up the park. Hellier stated that they are going to provide extra garbage cans to help keep the park clean. Utsch questioned Chief Jansky about his thoughts on this event taking place at Centennial Park. He stated that when all this came about he didn't think about all the issues that were discussed. After hearing the Council's reactions, he said that he does have a few concerns. He stated that they will need to have more bathrooms because there aren't enough available for that many students. He said that if there was to be alcohol provided, there would need to be some fences set up around where the alcohol would be served. He said that after thinking about this again, he doesn't feel this is ideal by any means. Hellier and Pfannenstein stated that Dean Laker and Dean Terharr were out on vacation, so they had no idea about this until recently. I I I I I I 1 April 1, 2004 Page 3 of 7 I Hosch stated that being a recent graduate himself, he would like to see an event like this take place. I According to Hosch, the community barbecue took place and there were quite a few people who attended and that seemed to have gone over well. One concern he did have was that of the weather, he wanted to know what would happen if there was to be bad weather. He told the students that in the future, they I should start planning this a lot sooner and they should have more coordination. i I 1 Hosch made a motion to approve the outdoor event license for the event to be held at Centennial Park contingent upon the City being involved in all future meetings regarding the event. The motion was seconded by Rassier. Ayes: Hosch, Rassier, Wick Nayes: Utsch, Rieke POLICE REPORTS Part-time Officer: Jansky addressed the Council and introduced them to Anne Klein, the new part-timE! officer for the City. He mentioned that she had been in training with Officer Gustin. PERA (Public ! Employees Retirement Association) requires that all part-time officers be approved by the Council and that they participate in PERA. I Rassier made a motion to adopt resolution 2004-13 hiring Anne Klein as a part time officer, I requiring participation in PERA. The motion was seconded by Rieke and passed unanimously., i Sand ComDanies: Jamie Thelen, President of Sand Companies approached the Council on behalf of I Sand Companies. He stated that they are looking to develop the property known as Morningside Acres. The development will consist of 29 single- famiiy lots and 48 multi-family Town/Patio homes. I Weyrens reported that the Planning Commission has conducted a public hearing to amend the, I Comprehensive Plan to allow for R3 development in Planning District 13 and to rezone the property with a mix of single and multiple family. The hearing also include the request for special use to allow the I town home and patio home development. St. JoseDh Code of Ordinances 52.29 requires all multiple family developments containing more than 12 units to complete the special use permit process. Due to the lack of a complete plan, the Planning Commission denied the special use permit request. I I , Utsch spoke on behalf of the Planning Commission. He stated that the public hearing was conducted,and no one presented wished to address the Planning Commission. The Planning Commission supports \he mixed density development, but denied the Special Use Permit until the preliminary plat is ready for i review. Rassier requested the Planning Commission require the extension of the sidewalk along 2951hl, to the entrance of the new subdivision. Hosch spoke in support of the concept plan submitted by Sand Companies and stated it is his opinion: that the proposed development is more characteristic of R2, than R3. Hosch stated that to him R3 is an apartment complex not patio homes. Hosch further stated that the addition of patio homes will provided the much needed senior housing. Wick questioned how the proposed development will meet the ' requirements of the Affordable Housing Agreement. Then stated that the 32 townhouse units are considered affordable and will meet the requirements of the Affordable Housing Agreement. Weyrens stated that during the concept plan review it was noted that some de~ign issues will need to1be resoived. The major issue is the close proximity of the buildings to the holding pond. This matter will be reviewed by the City Engineer and resolved before the preliminary plat hearing. The other outstanding issue is whether or not the area being developed can drain to a regional pond. Ekola stated that SEH will complete the storm water analysis before the preliminary plan is comleted. I i Wick made a motion accepting the recommendation of the Planning Commission to amend thb future land use plan of Planning District 13 of the St. Joseph Comprehensive Plan to include multiple family. The motion was seconded by Utsch and passed unanimously. April 1,2004 Page 4 of 7 Rassier questioned the rezoning of the property and why a small portion of the property is being rezoned as R3. He further questioned why the subject property is not zoned as a PUD. Weyrens clarified that PUD is not a zoning classification, rather it is a type of development. Therefore the property must be zoned with the appropriate classification. I Jovanovich stated that there were some problems in the past when rezoning a piece of property as R3 to be used for townhomes and in the end the property was developed with an apartment complex. In order to prevent that from happening again, the City recently amended the R3 Zoning Ordinance requiring issuance of a Special Use Permit for any R3 development containing 12 or more units. This provision allows the City discretion when a development plan is submitted. Due to the fact, that a preliminary plat has not yet been submitted, Rieke questioned whether or not it is appropriate to rezone the property R3. Hosch and Rieke stated they are comfortable with the plan as it was submitted. Rieke understands that the developer is requesting concept approval to prepare the detailed plans. Rassier expressed his concern with rezoning a parcel without a detailed plan. Utsch clarified that a Special Use Permit is required for all R3 development containing 12 or more units. Therefore, rezoning the property at this time does not grant the developer with a site plan approval. A public hearing is required and both the Planning Commission and City Council will review the plans. Rassier made a motion to rezone the property known as Morningside Acres a mixed use of R1 and R3, with the R3 located on the southern edge of the property. The motion also clarifies that any change to the concept plan requires approval by the City Council. The motion was seconded by Rieke and passed unanimously. Rassier made a motion to accept the recommendations of the Planning Commission and deny the Special Use Permit to construct 48 patio/town homes. The Special Use Permit was denied as a detailed plan was not submitted for review. This motion also waives the hearing fee for the new I public hearing that will be required for the issuance of the Special Use Permit. The hearing will not be scheduled until the detailed plans have been submitted. The motion was seconded by Rieke and passed unanimously. Foxmore Hollow: Linda Brown of Surveying and Engineering spoke to the Council representing Foxmore Hollow. She mentioned that they are looking to develop 31 R110ts. They are looking to have lot sizes of 11,000 square feet and 120' deep rather than 125' deep. They have also proposed building a 3 story apartment building. They have already presented that to the Planning Commission. The proposed plan did not seem to fit the neighborhood and the neighbors objected. Brown did distribute an altemative R3 plan for that same area. The new plan would consist of 2-12 unit apartment buildings. They feel the new plan would meet the R3 requirements. Utsch spoke to the Council on behalf of the Planning Commission. He stated that there were a couple concerns that they had. On the current plan that was submitted, there was no park. They also questioned where the gas line is. Currently, Lot 19 which is the proposed site of the R3 development, is considered an outlot. Hosch stated that he likes the revised plan much better, but he feels the neighbors need to see the new plan and give their opinions. Herges stated that they have been talking with the neighbors and the only opposition that they are getting is that they do not want to see a 3-story building. They feel that a building with the design of Wilshire would be a better fit for this area. Ekola spoke to the Council and addressed the concems from an Engineering standpoint. She said that the plan is good, but the developers need to work on planning issues. According to Ekola, the biggest concern is streets. With the current plan, there is not adequate access. She said there are three ways to I deal with the street issue. They are: 1. A City Street can be constructed to meet City standards and it can be done as an improvement. I I I I 1 April 1, 2004 Page 5 of 7 2. We can require a financial guarantee now and construct a City Street to meet the City standards at a later date. 3. The Developer can build the street to meet the City standards. Ekola also stated that there are some ponding and drainage issues as well. With the current plan, 'she said that the storm water pond is on a County right of way. She also mentioned that they are working on making a regional pond to accommodate Foxmore Hollow, Morningside Acres, and possibly the northern part of the Arcon Development. After the discussion on the construction of a street to meet city standards, Jovanovich stated that the city can only asses the residents for the increase in Fair Market Value. The problem is that the cost of the i improvement would be more than what is assessed for. The Developer would have to pay for a full half of the cost. Another problem that Hosch and Jovanovich discussed is that any developments must be I connected to a continuous City Street, which is not part of the plan presented. Wick questioned how the street upgrade would affect the property owners to the north. Jovanovich stated that unless the township road is platted, the city would need to be very careful when doing the improvements. Rieke questioned whether or not the developer can work with the residents and make a deal with them to do private i Improvements. He stated that most residents pay cash for improvements, so he doesn't feel that it would be hard to do this. Jovanovich stated that 100% must agree for that to happen. Rassier questioned the addition of water and sewer out to the area near 295'" and if that could be done behind the curb. Utsch reminded the Council that the only thing that needed to be done tonight was to amend the Comprehensive Plan. Brown questioned the council if they can get approval for the R1 part of the proposed development so they could keep going. Hosch and Rassier agreed that they are moving too fast and they need to slow down. As a result, Hosch said they could not get approval for the R1 section. Rassier believes that the city should have annexed the entire area rather than just the properties for I Foxmore Hollow and Morningside Acres. i Hosch asked the Council to consider an amendment to the Comprehensive Plan, however, this would not give them any authority to move forward. Rassier stated that the Comprehensive Plan should not be I amended until the issue with 295'h Street is completed. Rieke stated that the developers own the land I right now and this is their vision. " I Utsch made a motion to amend the Comprehensive Plan. The motion was seconded by Rieke and passed unanimously. , I Ayes: Utsch, Rieke, Hosch, Wick 1 Nayes: Rassier i I Hosch asked the Council to extend this for a 60-day period due to rotential 295'h upgrade. Now, is th~ time when the annexation process must begin for the area by 295' and 103"' Avenue. I Hosch made a motion to table the preliminary plat until the feasibility report is done. The motion was seconded by Rassier and passed unanimously. ' I CITY ENGINEER REPORTS , I Storm Water Utilitv: Hosch stated that the City Council established a monthly residential storm water fee of $2.25 per month. The City then advertised in both the St. Joseph Newsleader and St. Cloud Times 'that an informational meeting was to be conducted to accept input on the proposed fee. No one came to the informational meeting to voice their opinion. According to Rieke, this fee is fair and sensible. DEPARTMENT HEAD REPORTS Water Report: Dick Taufen, Director of Public Works, spoke to the Council and went over the 2003 Annual Water Report. Every year a report is done to show the water usage for the City. The DNR requires i April 1 , 2004 Page 6 of 7 the City to be able to account for a minimum of 90% of the water pumped. In 2003, the City had six construction projects, and combining that with fire department training, flushing of hydrants, flooding the I skating rinks, flushing the sewer lines twice, and sprinkling the baseball fields, the City was able to account for 92% of the water pumped. The pumping to collection ratios were figured for each billing cycle. Hosch questioned how we could have collected 111 % of the water pumped in July and August. Taufen explained that this can happen as a result of when the meter was read. He also mentioned that the City has had problems with the meters and they are looking at getting different meters that will be more accurate. The Council also questioned whether not we tell the DNR about problems with the meters. Taufen concluded by stating that with the city's growth, we were able to pump 15% less in 2003 than in 2002. Wick made a motion to accept the City of St. Joseph 2003 Water Summary as presented. The motion was seconded by Wick and passed unanimously. ComDost: Taufen addressed the Council and asked them to set a date as to when the Compost would open for the 2004 season. He mentioned that the Compost area is pretty dry already. He said they hauled less snow there last year. Taufen and Weyrens have had discussions on this and they have set a tentative date of April 21, 2004. Taufen mentioned that he has contacted the same people who worked last year and they have all agreed to work again this year. Those people are: Andy Deuhs, Gerry Johnson, and Ralph Schroden. They also have someone who has volunteered to fill in if they need someone. Originally the Compost was supposed to be self-sufficient. There is a small deficit from last year, so the Council discussed how they can recover the deficit. The residents of the City of St. Joseph, St. Joseph Township, and St. Wendel Township can all use the Compost. As a result, the Council has decided that the City should biil St. Wendel Township and St. Joseph Township for their 1/3 of the remainder of the deficit. Rassier questioned if the permit process went smooth last year as to which Weyrens stated it did. She also mentioned that the permits have been ordered and received in the City Offices. Rieke asked I about the Compost workers handing out permits and send them a bill rather than having that done at City Hall. The attendants do not want to handle money and be accountable for that part of the process. Because the process went smooth last year, they will continue to sell permits at City Hall. They also discussed raising the fee to keep the Compost running self sufficiently. Rassier also suggested raising the fee so that those who use it will pay for it, however if residents don't use it, they will not have to pay for it. Rassier made a motion to raise the permit fee from $10 to $15 to make the compost run self- sufficiently. The motion was seconded by Rieke and passed unanimously. SiQn: Taufen mentioned that the sign for the comer of College and Ash St. has been ordered. It was taken down when the 202 project was done. MAYOR REPORTS InterQovernmental MeetinQ: There will be an intergovernmental meeting on April 8, 2004 11:30-1:00 to discuss outstanding issues. WobeQon Welcome Center: The Grand Opening of the Center will be on April 30, 2004 COUNCIL REPORTS UTSCH - No Report WICK Park Board: The Park Board is looking for new members. They hope to make a decision at the next meeting. They meet on the 4th Monday of the month. There will be an ad placed in the Newsleader and on the Cable Channel. I I I I I i April 1, 2004 Page llof 7 RASSIER Historical Societv: Rassier wanted to say thank you to Andy Loso and Scott Schmidt from the Historical Society. They picked up the cabinets that were bought from the Dugout. The cabinets are in very good shape. They are looking for a building for the Historical Society. i RIEKE EDA: Rieke mentioned that the EDA monthly reJ30rt was included for their review. ADMINISTRATOR REPORTS WINS ReDort: Weyrens stated that the WINS report is being taken care of and the City is in full compliance. UocominQ MeetinQs: Tuesday, Aprii 5, 2004: Board of Equalization followed by meeting at St. Wendel Adiourn: Wick made a motion to adjourn at 9:10; seconded by Utsch and passed unanimously. (-¿r:.~~~ I THIS PAGE INTENTIONALLY LEFT BLANK I I