HomeMy WebLinkAbout2004 [08] Aug 19
August 19, 2004
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, August 19, 2004 at 7:0D PM in the St. Joseph City Hall. I
Members Present: Mayor Larry Hosch. Councilors Gary Utsch, AI Rassier, Dale Wick, Ross Rieke. City
Administrator Judy Weyrens. I
Others Present: City Engineer Joe Bettendorf, City Attorney Tom Jovanovich, Tim Erkilla, Erica Hanson,
Herman Gangl, Tom Gustafson, Dean Landowski, Mike Phillipp
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Approve Aaenda: Rassier made a motion to approve the agenda with the following changes;
seconded by Utsch and passed unanimously. I
3e Water Truck not Sewer Truck
12 add c - election judges
Consent Aaenda: Wick made a motion to approve the consent agenda as follows; seconded by
Utsch and passed unanimously.
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Minutes I
Bills Payable -Approve check numbers 34608.34663
Application for Payment - Authorize the Mayor to execute Application for
Payment #2 for the Northland Plat 8 Improvements and authorize payment
in the amount of $74,822.50 to Molitor Excavating. I
AUAR - Authorize the Mayor and Administrator to execute Resolution 2004-
23, Adopting the AUAR and Mitigation Plan for Arcon Development. '
Truck Equipment - Authorize the expenditure of $5,224 to equip the Water
truck with funds expended from the water fund.
Capital Equipment - Authorize the Park Board to expend $867.09 to
purchase 2 park benches and 2 garbage receptacles. Funds to be
expended from Park Development. .
Public Comments to the Aaenda: No one present wished to speak.
MAYOR REPORTS
APO Meetina: Hosch reported the APO will be meeting to discuss staffing levels.
RIEKE
COUNCIL REPORTS
EDA Meetina: Rieke stated that the last EDA meeting was last week and the next regular meeting is
scheduled for the third Wednesday in September.
RASSIER i
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APO/lnteraovernmental Meetinas: Rassier questioned the August 31,2004 Intergovernmental Meeting
and if an agenda has been established. Weyrens reported that the meeting will be held in St. Cloud arid
the agenda will include a presentation by GRIP, discussion on the Yo cent sales and establish Legislative
strategy for 2005.
WICK - No Report
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UTSCH
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4th Avenue Sidewalk Extension: Utsch questioned the status of the 4th Avenue sidewalk extension from
Minnesota Street East to Casey's. Weyrens stated that the City has not received a quote for the
installation as of this date.
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Concept Plan _ Rivers Edae. ARCON Development: Tim Erkilla appeared before the Council on behalf of
the property owner, Arcon Development. Erkilla presented the Council with the concept plan for the plat
entitled Rivers Edge. Erkilla stated that when reviewing a concept plan it is important to look at the big
picture and not the details. The detail is part of the platting process. Weyrens stated the concept plan
should be a review of the land use and if the proposed development is the best use of the property and if
it is consistent with the St. Joseph Comprehensive Plan. Rieke stated that when reviewing this plan it is
important to remember that the size of the proposed development will almost double the current size of
the City.
Erkilla stated that one major issue, which needs to be resolved, is the location and number of parks for
the Development. Wick stated that the matter was on the last Park Board agenda and a representative
from ARCON failed to attend. The Park Board did discuss the park area and concluded that due to the
size of the development, two park areas may be required.' Erkilla apologized for missing the Park Board
meeting and requested to be placed on the next agenda. Weyrens stated that if the developer so
chooses, a special meeting can be scheduled, with the cost of the meeting borne by the Developer.
Erkilla stated the proposed development will consist of six general housing types and are as follows:
· Senior Campus - 132 units, 15% of the total development
· Custom Lots - Single Family detached homes 85 units, 10% of the total development
· Cove Lots (Entry Lots) - 480 units, 55% of the total development
· Townhouses - 47 units, 5% of the total development
· Patio Homes - smaller lots
· Apartment
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Utsch stated that the Planning Commission reviewed the plat and identified the following areas of
concern :
· Park system and trails needed to be extended throughout the development.
· Since the concept does not include lot sizes or dimensions, it is difficult to determine if the
development meets the density requirements.
· The Commission clarified the minimum lot sizes and setback requirements and requested the
developer design the area with the Ordinance requirements.
Rassier expressed his concerns with Jade Road and whether or not it will be a narrow road. Bettendorf
stated that the road should be made wider and that the developer would be responsible for such. The
Council questioned Bettendorf how Jade Road will be improved as one-half of the road is in St. Joseph
Township. Bettendorf stated that the City cannot assess the cost for the improvement since the road is in
the Township. However, he stated that he is familiar with entering into an agreement with the developer
to construct the improvements and reimburse them for the cost of the improvements as development
occurs.
Hosch questioned Erkilla if the developer is aware of the Affordable Housing requirement. Erkilla stated
that they have received a copy of the Joint Powers Agreement and he will defer this question to the
developer.
The Council was in general consensus to move forward to the Preliminary Plat after the developer meets
with the Park Board.
Cloverdale Improvements - Public Hearina: Mayor Hosch opened the public hearing and requested an
update from Weyrens on the discussions since the last public hearing in January 2004. Weyrens stated
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that the hearing at this time is to consider the making of an improvement on 95th StreeU7'h Avenue,
Callaway Street, and Dale Street extending from East Baker Street. The City Council in January ,
conducted a public hearing for the same improvements and tabled action to seek additional information.
However, at the same meeting the Council authorized the annexation of the area as it was an island area.
Since that time the Township has signed the Annexation Resolution and the property has been annex~d.
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With regard to the additional information that was requested, Weyrens presented the following summary
of actions: '
. Appraisal of property: Some of the affected property owners requested an appraisal of their
property to illustrate the benefit of the improvement. It is the recommendation of staff not to
complete an appraisal as the assessment is similar to that of area assessments and, I
appraising each parcel would be cost prohibitive. Information has been obtained and I
analyzed regarding the actual average sellin\! price of fully serviced lots in the City of St.
Joseph. I
. Developer Benefit: It was expressed that the individual homeowner was subsidizing the I
developer. The project has been reviewed and the individual homes are not absorbing over
sizing costs for the adjacent housing development. The developer will be installing their own
utilities at their cost. The developer has indicated that he will only develop a small portion 'of
land adjacent to Klinefelter Park in 2005. Originally the developer had indicated he was I
intending to develop all the remaining area in Graceview Estates. ; I
Bettendorf presented the Council with a revised preliminary assessment role. He stated that the costs 1
have changed since the original projections in January. The increasing is due to the increasing price of
steel. Bettendorf reiterated that the proposed project includes the reconstruction of 7'h Avenue and the
installation of water and sewer mains. The reconstruction of 7'h Avenue will include curb and gutter. The
revised estimated cost for construction is $ 495,600. '
Bettendorf stated the proposed improvement will be assessed to abutting property owners. Based on the
City policy, residents are responsible for paying 60% of the street costs and 100% of the water and se'("er
lines. In addition to the assessment, the City charges a water and sewer access fee, known as WAC and
SAC. These fees represent the investment that the users of the utility have contributed towards the water
and sewer system. With regard to the assessment policy, all platted lots are assessed a water and sewer
charge as they have the potential of being developed. The assessment is not related to the number of,
parcel identification numbers assigned by the County Recorder. I
At this time Mayor Hosch opened the floor to those present and requested that questions be limited to the
scope of the project, not the assessment. Before the assessments are adopted another public hearing
will be scheduled where residents will have an opportunity to dispute the fees. i
Dean Landowski, 717 Dale Street E, questioned whether or not the City will appraise the lots before a~d
after the improvement to assure the cost equals the benefit. Weyrens stated it is the recommendation Of
staff that an appraisal of the lots not be completed based. Staff is in the process of collecting data that'
illustrates the assessments are reasonable and do benefit the property. I
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Landowski also asked if the water and sewer lines could be extended from Dale and Callaway, reducing
the costs. Bettendorf responded that installing the lines in 7'h Avenue only require the tearing up of one
street. In addition, for future development the lines need to be in 7'h Avenue. '
Tom Gustafson, 306 _1" Avenue SE questioned the following: I
1. WAC/SAC Fees - Are the fees presented at this meeting the same new development is I
paying. Weyrens responded that WAC/SAC fees are based on an established fee schedule
using the use of the property as the determining factor. Therefore, all single family homes i
pay the same fee. With regard to the purpose of the fee, the fee is an investment into an I
established system and is used to update and enhance the utility system. I
2. Road Paving - Gustafson stated it is his understanding that residents cannot be assessed for
a road if they have already paid for the road. City Attorney Tom Jovanovich stated that he is
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unaware of any such provision but review any written material they can provide. Jovanovich
clarified that roads have a useful life and it is reasonable to assume as a property owner that
you will never have to pay a cost for pavement in the future.
3. Street Addressing - Gustafson questioned if the City will be installing new property
addresses. Weyrens responded that the property owner is responsible for signing their
owner property.
4. Street Grading - Gustafson stated that the residents have been requesting to have Dale and
Callaway graded and it has not been completed. He stated the potholes are large and the
road is not passable. Gustafson further stated that if the road is not graded the residents will
close the streets. Weyrens stated that she will contact the Maintenance Department and
assured the residents the roads will be graded.
Herman Gangl, 3161h Avenue SE, questioned the following:
1. Water Line Size - Gangl questioned why the property owners are being assessed for the
installation of a 10" water line as they only need a 6" main. Bettendorf responded that the
residents will only be assessed for a 6" water line with the oversizing cost paid with City
funds.
2. Lift Station - Gangl questioned if a lift station could be constructed reducing the extra depth.
Bettendorf responded that constructing a lift station is expensive to build and maintain. The
City only builds lift stations when absolutely needed.
3. Street Design - Gangl questioned if Dale and Callaway could be constructed as a cul-de-sac
reducing traffic. Bettendorf responded that the City tries to minimize cul-de-sacs and it would
not be practical in this case.
4. Appraisals - Gangl questioned why the City is not completing an appraisal of the property.
Jovanovich stated that the appraisal process is very expensive and staff does not believe it is
warranted in this case. Further, the cost of the appraisal cannot be absorbed through the
assessment process.
Mike Phillipp, 3381h Avenue SE, questioned the following:
1. Drainage - Phillipp stated that he has a drainage issue in front of his property and questioned
if the road will be lowered or raised. Bettendorf stated that is aware of the problems and they
will be fixed during the improvement process. Typically when a road is converted from a rural
street to an urban street, the surface is lowered to accommodate the drainage.
2. Driveway Access - Phillipp stated that he has previously received authorization from St.
Joseph Township to have two curb cuts and he questioned if that approval would carry
forward to the City. Jovanovich responded that the approval would carry forward to the City
as it is a grandfathered use.
3. Graceview Estates - Phillipp questioned Graceview Estates and how they were being
assessed. Bettendorf responded that they are being assessed for waterlsewer using the
same front footages as the residential neighborhood. Bettendorf clarified that the developer
will still have to extend the water and sewer into the development, so he is paying the same
proportionate share of the extension as the neighbors.
4. Time of Construction - Phillipp questioned how long the project is projected to take and if
they will have access to their property. Bettendorf responded the project is estimated to last
for 2 - 3 months. During that time they may not have access to their driveways, but that will
be very limited.
5. Annexation - Phillipp questioned if this area has been completely annexed and what they are
getting as far as City services since being annexed into the City. Weyrens stated that they
have been annexed into the City, but they will not pay City taxes until January 2005. Weyrens
also advised Phillipp that he is getting City services such as police protection, snow removal,
etc. Phillipp stated that he does not feel that the residents should be charged the City tax rate
until services are provided.
Tom Gustafson stated that at a previous meeting the developer indicated that he could provide services
cheaper. Therefore, he questioned if the City would allow such to happen. Jovanovich stated that they
could approach the developer and ask if he is willing to do so. However, if the developer completes the
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improvements, they cannot be assessed over time. Each property owner would be required to make I
arrangements with the developer. The financing of the improvement would be the individual responsibility
of the property owner and all property owners must participate.
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There being no one further to comment, the public hearing was closed at 8:45 PM. i
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Utsch made a motion to adopt the Resolution 2004 . _ Ordering the ImJrovements for the I
Cloverdale. The residents shall have 30 days to contact the developer to request the private I
construction of the improvements. If after 30 days the City does not have a response the public is
ordered as a public project. The motion was seconded by Rassier. ;
Discussion: It was clarified that 100% of the residents will be required to participate in the private
project if the developer agrees to install the utilities.
Hosch stated that when the project is designed, the drainage issues near Phillipp will be reviewed and' the
residents will only be assessed for an eight (8) inch pipe. II
CITY ENGINEER REPORTS
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Bettendorf stated that he had nothing to report at this time, however Wick had a question in regard to the
street lighting project on Callaway. Bettendorf stated that they have contacted Excel about the electric
lines and they told them it is not their jurisdiction and Stearns Electric has indicated that they cannot meet
the time schedule of the City. The project was to be completed before school but the timeline may not be
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Electronic Filinq: Weyrens reported that the scanning project has begun and it has been determined that
for security purposes, the information should be stored on a separate server that is controlled. As the I
City is moving towards storing files electronically, the data must be secure. In addition, the software
company is advising the City to add the writer software 30 that information could be stored on CD's and
sold, such as the Ordinance Book. The writer can also be used as a secondary backup. The funds I
could be expended from the refuse fund and paid back over a three year period. The cost of the software
and server is approximately $ 7,900. . ! I
Utsch made a motion authorizing the expenditure of $ 7,900 for the Lazer plus and to purchase a
separate server. The expense will be covered through the refuse fund and reimbursed over a
three year period. The motion was seconded by Wick and passed unanimously.
ADMINISTRATOR REPORTS
Ballot Question: Weyrens presented the Council with a proposed ballot question asking for voter
approval to collect the additional Y. cent sales tax. The question is written with general projects and
includes Transportation, Parks and Community Buildings. The Council agreed with the general forma as
presented and requested to view the final question after the City Attorney has reviewed it. i
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Election Judqes: Weyrens presented the Council with a list of election judges for the September 14, 2004
Primary Election and the November 2, 2004 General Election. The election judges are as follows: ¡ Rose
Taufen, Marge Lesnick, Carol Trinklein, Elaine Imholte, Jan Pfannenstein, Jack Schuh, Roman Meyer, I
Mary Generous, Rosella Dambowy, Dorothy Sadlo, Jane Reber, Adeline Gillitzer, Gladys Schneider, i
Marie Przybilla, Mary Kay Moening, Josh Goerger, Deedra Duehs, Judy Weyrens, Leona Gapko, Shaii
Boulette, Joann Schneider, Sarah Mix, Carol Anderson, Barb Schloemer, Bill Elfering, Doris Johnson, I
Tammy Weiman, Mary Beth Munden. Wick made a motion to appoint the election judges. The I
motion was seconded by Utsch and passed unanimously. i
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Street Name Desiqnation - 291h Area: Weyrens stated that before the street name can be changes oni
2951h and 103", the Council must approve the new street names. Weyrens suggested the following naine
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103"' Avenue - change to 3"' Avenue SW .
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295th Street - change to Hill Street
Rassier made a motion to approve the Street names as presented. The motion was seconded by
Rieke and passed unanimously.
Adiourn: Wick made a motion to adjourn at 9:00 PM; seconded by Utsch and passed unanimously.
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