Loading...
HomeMy WebLinkAbout2004 [07] Jul 01 I I I , I , July 1, 2004 Page 1 of 5 , , I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular 'session on Thursday, July 1, 2004 at 7:00 PM in the SI. Joseph City Hall. I I I Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick. City Administrator JudyWeyrens. Others Present: City Engineer(s) Joe Bettendorf and Tracy Ekola, Rick Packer, Matt Volbrecht, Kay Lemke, Tom Herkinoff, Linda Brown, Bob Herges , Approve AQenda: Utsch made a motion to approve the agenda with the following changes: Remove 3(a) Bills Payable The motion was seconded by Wick and passed unanimously. Consent AQenda: Rassier made a motion to approve consent agenda as follows. A motion was seconded by Utsch and passed unanimously. : ¡ a. Bills Payable - DELETED I b. Minutes - Approve the minutes of June 17, 2004 I c. Change order- Authorize the Mayor to execute Change Order No.5 for 2003 Liberty Pointe Improvements, allowin9 a contract increase of $ 3,900., I d. Application for Payment- Authorize the Mayor to execute Pay Application No.6 for 12003 Northland Plat 7 and authorize payment to R.L. Larson Excavating, Inc in the amou'nt of $1,175.37. 1 e. Application for Payment- Authorize the Mayor to execute Pay Application No.4 for the'2002 East Baker Street Lift Station and authorize payment to R.L. Larson Excavating, Inc. in the amount of $7,315.09. , I e. Application for Payment- Authorize the Mayor to execute Pay Application No. 1 for 12004 Northland Plat 8 and authorize payment to Molitor Excavating, Inc. in the amount of $173,264.87. j, I f. Application for Payment- Authorize the Mayor to execute Pay Application No.8 for the 12003 Liberty Pointe Improvements and authorize payment to R. L. Larson Excavating, Inc. in the amount of $43,617.14. g. Variance Request - Adopt the findings of the Planning Commission and deny the 44', sign variance request of Stonehouse Properties LLC. h. Gambling Permit - Accept the application for an Exempt Gambling Permit for the 51. , Joseph Volunteer Fire Department for a fundraiser to be held on October 14, 2004 at the! EI Paso Sports Bar. II Public Comments to the Agenda I Kay Lemke of 33 E Ash Street spoke in opposition to the rezoning of Birch Street. She stated she had a few concems that she would like to see addressed and taken into consideration before the Council makes a final decision on the rezoning of Birch Street East. 1. What kind of buffer will be put up to block the view of the backs of the buildings? ¡ 2. It was her understanding the Council had requested the Planning Commission to conside~ a lower density commercial zoning district for East Birch Street. This has not happened. Why? Birch Street - RezoninQ: Hosch acknowledged that the Council has received t~e report from thePlan1ning Commission recommending the Council approve an amendment to the Zoning Map to rezone certain property abutting Birch Street East from the current R1, Single Family to B2, Highway Business. Hosch responded to the concerns of Lemke. First, the current B2 Zoning District includes a buffer to protect adjacent properties. Second, Hosch stated that it has he who expressed concerns with some of the permitted uses within the B2 Zoning District and did not believe they should all be allowed. Since the last Council meeting, the City Attorney has provided the Planning Commission with a letter stating thai even though a use is listed as a permitted use, the Council still has the authority to deny a developme'nt I I i I July 1, 2004 Page 2 of 5 request if it is not compatible with adjacent properties. With this information, Hosch stated he is comfortable moving forward with the rezoning. Hosch requested the Council table action on this matter as Councilor Rieke is not present and he would like all Council Members present when the Council takes action. Therefore, Rassier made a motion to table this until the next meeting due to Rieke's absence and the need for a 4/5 vote. The motion was seconded by Utsch and passed unanimously. I River's EdGe Final AUAR: Matt Volbrecht from Westwood Professional Services presented the Council with the Final AUAR for the ARCON development entitled River's Edge. Vollbrecht stated that the 30 day comment period has ended and all comments received have been reviewed. Once approved by the Council the Final Draft of the AUAR and Mitigation Plan and will be released for public comment. During discussion the following items were discussed: . Hosch questioned the population number included in the AUAR with regard to the water system. Vollbrecht responded that the 2000 census numbers were used and when the AUAR discusses the Municipal Water System, the College population is removed as they are served by a private water system. . Wick presented grammatical corrections as well as questioning when the Council will see all the comments that were received. Vollbrecht stated that the comments have been included in the appendix of the AUAR. It was discovered that Vollbrecht had not included the appendix. Vollbrecht assured the Council that he had responded to all the comments with the exception of the requested language change of Municipal Development Group. Vollbrecht stated that their comment was not included, as Westwood does not want to add the word "required" to the Noise Mitigation Plan. Rassier stated that he agrees with that decision, but he also stated that they should work with the property owners if there is a need for noise mitigation. Wick questioned if the Council will have another opportunity to review the Final AUAR. Vollbrecht responded that once the final document is approved by the Council, their will not be another opportunity for review. The Council questioned the process of amending the AUAR if it is still going out for public comment. Vollbrecht responded that once the plan goes out for public comments, those agencies submitting comments have an opportunity to review the changes and discuss any changes not made. I Wick and Utsch stated they were not comfortable approving a document that they have not seen in its entirely. Hosch stated that since the appendixes include less than 10 pages, the Council could take a recess to read the additional pages and then comment on the same. Rassier made a motion to table this issue until after the other agenda items have been discussed. The motion was seconded by Wick and passed unanimously. Foxmore Hollow: Weyrens reported that the Planning Commission has previously recommened approval of the Preliminary Plat for Foxmore Hollow contingent upon the approval of the City Engineer and the City Attorney. Rassier questioned a cul-de-sac in the Northem part of the development. He stated that he likes the design, but is concerned about the future plans for the area behind lots 13 & 14 to the East, near the current apartments. Rassier questioned if access from Foxmore Hollow should be provided to CR 121 through said lots. Weyrens stated that she has been approached by the owner of the apartment complex regarding a proposed expansion. If that is the case, they would not need access to CR 121. Tom Herkinoff, Engineer for Foxmore Hollow, stated that if Wilshire Apartments expand, they will be required to use the existing driveway. Hosch stated that the property owner of the apartment complex was notified I of the pubic hearing and he did not appear to request any changes. Herges said that he had spoken with the property owner and they have looked at the plat. He stated that the piece of property in question never came up in discussion. I I I ~. '~_"c__'.o·",'~.~__·_,,·~. "·,o,_~"~",,,,,.,,,,,·,,,,~~.=,, July 1,12004 Page ~ of 5 , , Wick questioned the street naming in Foxmore Hollow. Ekola responded that the street name. I designations are consistent with the St. Joseph Street Naming policy as well as the Area City guidelines. The property owner has the option of naming the street Foxmore Drive, Loop or Way. The Developer along with the City Staff have recommended Foxmore Drive. I i Wick stated that they would need a variance for the depth of the lots. Herkinoff stated that the plat w~s submitted as a PUD in which they requested relief from the lot depth. All of the lots meet the minimum square footage and all the R1, Single Family setbacks will be applied. i , Herkinoff stated that at this time the developers are requesting approval of the preliminary plat with the understanding that the developer will need to make application for the special use permit for the R3 I portion of the plat and a variance will be required for the setback from a pond and to require that the pond not be located on a separate tract of land. 'i i Ekola stated that the St. Joseph Code of Ordinances require a 100' setback from a holding pond. Thè proposed multiple family building will only be setback 50'. In reviewing the proposed variance, Ekola' stated that she concurs with the granting of such. The other outstanding issue is the connection of . sidewalk/trail to CR 121. The Developer is proposing to construct the trail north of the apartments. This proposal will meet the intent of the Park Board. I Wick stated that this plat does not show any landscaping for the R3 portion. Weyrens stated that the I landscaping had been submitted previously, but it has changed since then. When the new public hearing is conducted for the special use permit, a landscaping plan will be submitted. I i Utsch made a motion to approve the Preliminary Plat for Foxmore Hollow including the development of the same as a PUD with relief given to the minimum depth requirement. Approval is contingent upon the application and approval of a variance to construct a building within 50' of a holding pond and to allow the holding pond to remain on the same tract of land as the apartment building. The motion was seconded by Wick and passed unanimously. I I CITY ENGINEER REPORTS I , I 16'h Avenue SE Improvements: Bettendorf reported the City Council has previously adopted a resolution ordering the improvements and authorizing the City Engineer to prepare the plans and specifications for the improvements for 16'h Avenue and the Wobegon Park Improvements. Bettendorf stated the plans and specifications are completed and he is requesting authorization to accept the plans and authorize the advertisement for bids. ' ¡ , I Rassier made a motion to accept resolution 2004-22, approving the rlans and specifications ard ordering the advertisement for bids for the 2004 improvement to 16' Avenue and Wobegon Park. The motion was seconded by Utsch and passed unanimously. i I , Public Improvement Hearinas for Annexation Areas: Bettendorf discussed the annexation of 295'h/1 03'· and the Cloverdale Area. In order to consider constructing improvements, the Council will need to ' authorize the required public hearings for the proposed utility extension. Weyens reported that the i Township on Monday night executed the Resolution for Annexation. Since the Council approved the I Annexation, the Resolution has been modified to only charge the City Tax Capacity rate if services are installed. In the event that services are not provided, the Township Tax Capacity Rate will be applied to the annexation area until December 31, 2007. I i When questioned what action is needed by the Council, Bettendorf responded that a series of public I hearings are required for any public improvement. The first hearing is the public improvement hearing. At this hearing the Council must order or deny the improvements. If the improvements are ordered, the project is designed and bid. The second hearing is the assessment hearing and that has typically been scheduled after the improvements are constructed. However, if the City is concerned about risk and July 1, 2004 Page 4 of 5 assessment contention, the City could conduct the assessment hearing after the project is bid, but before the project is awarded. Weyrens reminded the Council that they must also approve the revised Resolution for Annexation. The Council requested to wait until July 15, 2004 to establish the hearing dates, as Council Rieke is not present. I Rassier made a motion to approve the revised Resolution for Orderly Annexation allowing the residents of 295" Street and 103'" Avenue to be taxed at the Township Tax Capacity Rate until December 31,2007 in the event that services are not provided. The motion was seconded by Wick and passed unanimously. RFP for Field Street Corridor Studv: Bettendorf stated that the RFP will be published twice in the state register. The first time being on July 6, 2004. It will also be published in the St. Cloud Times. The proposals will be due by Friday August 6, 2004. The City can decide to put together a Selection Committee to interview the top bidders if they chose to do so. The City should make a final selection by August 19, 2004. Production time will be from September to March. Bettendorf stated that if the Council has any questions they should be routed through Weyrens. DEPARTMENT HEAD REPORTS Public Works: Utsch spoke on behalf of Dick Taufen. There has been some drainage issues on 12th Avenue SE and Taufen is proposing to cut a 6" section of curb to alleviate the drainage issues. The cost will be borne by the property owners. Weyrens stated that Council action is not needed on this item as it is information only. River's Edqe: Utsch made a motion to recess at 8:00 PM to allow the Council members to review some additional information for River's Edge. The motion was seconded by Wick. Discussion: Rick Packer, Developer, requested the Council not take action on this matter at this meeting. He stated that the AUAR is too important of a document to not have a clear understanding of I the contents. Packer stated that he will have Westwood provide the additional data and requested this matter be placed on the July 15, 2004 agenda. The motion failed and the meeting was not recessed. MAYOR REPORTS School Survev: Hosch reported that the School Survey is in process and the School Committee will be receiving the results within the next two weeks. COUNCIL REPORTS RASSIER - None WICK Librarv Site: Wick reported that the Great River Regional Library Committee will be making a decision regarding the future site of the new Library. The information will be released to the public on July 15, 2004. UTSCH Sidewalks: Utsch reported that he had been stopped by a landowner who asked about the possibility of putting a sidewalk on 4'h Avenue NE from Minnesota Street to Casey's. Currently, people are walking on the lawn or on the street creating a safety hazard. One of the abutting property owners has expressed I interest in providing the sidewalk and participating in the cost. Weyrens stated that the City had previously budgeted for sidewalks and there is some money set aside. She stated that she will refer this matter to the Public Works Director. I I I ,m~O"".~.~H""_""1^~·'··'·""""'-'''''~-~'''''''_''_· , , I July 1 , 12004 Page 5 of 5 Adiourn: Utsch made a motion to adjourn at 8:05 PM; seconded by Wick. Ayes: Utsch, Wick, Hosch Nays: Rassier ~~fefl¡tMtO ~i~strator I THIS PAGE INTENTIONALLY LEFT BLANK I I