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Home My WebLink About2005 [05] May 19 I I May 19, 2005 Page 1 of7 i , Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session on Thursday, May 19, 2005 at 7:00 PM in the SI. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz. City Administrator Judy Weyrens. Citv ReDresentatives Present: City Engineers Joe Bettendorf, Tracy Ekola, Jeff Ledin, City Attorney Sue Dege Others Present: Roger Schleper, Lutie Wilgren, Jerry Frieler, Bob Herges, Rick Packer, Ted Schmid ADD rove AQenda: Rassier made a motion to approve the agenda with the following change: Delete 3b 3d Minutes Remove the Lighthouse The motion was seconded by Symanietz and passed unanimously. Consent AQenda: Wick made a motion to approve the consent agenda as follows: a. b. c. d. I e. f. g. Bills Payable - Approve check numbers 35752-35798 ~~~~~~ Use Permit - Accept the findings of the Planning Commission and grant thel Interim Use Permit to Linda Hutchinson, 133 5th Avenue SE. The permit allows an I' owner occupied rental unit. Liquor License - Approve the Liquor Licenses for the period for the period July 1, 2005 through June 31, 2006. Remove Lighthouse from the list. Patrol Officer - Approve the promotion of Matthew Johnson from part-time Patrol Officer to full-time Patrol Officer effective July 1, 2005. AFSCME Contract - Authorize the Mayor and Administrator to execute the Labor Agreement for 2005-2006 between the City of St. Joseph and AFSCME Local 65. Seasonal Help - Authorize the hiring of a seasonal maintenance employee. I The motion was seconded by Symanietz and passed unanimously. Rock Investments: Previously, the Council has been involved in pending litigation re9arding the suspension of the rental license at 29 East Minnesota Street. Weyrens stated that according to a letter received from the attorney representing the City, the City is no longer involved in litigation. Therefore (he Council can reconsider the suspension period of the rental license. The SI. JoseDh Code of Ordinances includes a provision that if a rental license is suspended, halfway through the suspension the property I owner may request reinstatement. The Ordinance requires that the property owner provide evidence that the outstanding issues have been resolved and will not be repeated. Weyrensstated that the property owners have done everything possible to vacate the property and have been unsuccessful. The court process delayed the eviction. Rieke made a motion to reinstate the rental license for 29 E Minnesota Street effective June 1, 2005. The motion was seconded by Rassier and passed unanimously. Graceview Estates- PUD Amendment: Weyrens reported that the Planning Commission conducted a public hearing on May 2, 2005 to consider an amendment to the Graceview Estates Development. The amendment changed the internal roadway system creating on egress/ingress to 7th Avenue SE. The City had previously been requested by one of the property owners on 7'h Avenue to align the internal street 'to 7'h Avenue so lights would not shine in residential homes. The original development include attached 1 homes. Developer Rick Heid indicated a desire to change the housing to brownstone type detached dwelling unit. The Planning Commission tabled action on the request seeking additional information. The developer was requested to decrease the density, review the intersection at 7'h Avenue and Dale with the May 19, 2005 Page 2 of 7 City Engineer and provide housing plan detail. The Planning Commission reconsidered the matter on May 16, 2005 and recommended approval of the PUD contingent upon the resign of Dale Street. Wick questioned whether or not the trails connect to the north of the development. Bettendorf stated that the trails would connect according to the original plat of Graceview Estates. There will be trails throughout the development and then connect by the lift station. Herges also stated that the trail would follow 7''' Avenue to the south. Rassier made a motion to accept the recommendation of the Planning Commission to approve the PUD Amendment for Graceview Estates. The motion was seconded by Wick and passed unanimously. Graceview Estates 3 DeveloDment AQreement: Weyrens reported that the Council considered the final plat for Graceview Estates 3 on April 21, 2005. At that time, the Development Agreement was not ready. Since that time Developer Bob Herges has reviewed the Agreement and requested clarification on the following two items: o 7.23(b) A 24-foot wide class 2 aggregate entrance road shall be constructed from the east edge of Graceview Estates 3 to the gravel parking lot in Klinefelter Parle Herges questioned why he is responsible for installing a road, which is not on their property. Ekola stated that the Preliminary Plat did not have the connection on the plat. However, since the preliminary plat has been approved the updated Park Dedication Ordinance requires the developer to construct a parking lot. This City is not asking for that requirement to be fulfilled rather just a 150' road extension. The estimated cost of the requirement is $ 1,500.00. Bettendorf stated that the long-term plan is to have access to the parking lot. o 7.23 (a) Sewer and water main (minimum 6" diameter) shall be extended into Klinefelter Park. Herges questioned why the City is asking them to extend services to the park. He stated that this is an unusual request as these are improvements that are not on their property. Bettendorf stated that they are eventually going to have bathrooms in the park and they will need to hook up to sewer and water. At the request of Bob Herges, Wick made a motion to table the discussion of the Development Agreement for Graceview Estates 3 until June 2, 2005. The motion was seconded by Rassier and passed unanimously. Northland HeiQhts - ROW Acquisition: Weyrens reported that on May 16, 2005, the Planning Commission considered the Preliminary Plat for Northland Heights. At that hearing, the Planning Commission concurred with staff that access from Northland Heights to CR 133 is in the best interest of public safety. The intersection at Northland Drive and CR 75 cannot adequately accommodate the additional traffic that will be generated by 154 homes. Both the City and County Engineer have identified that access to CR 133 is crucial. The developer has provided the City with information showing that he has made several attempts to purchase the needed right-of-way (ROW) for access to CR 133. At this time he has not been successful and is seeking assistance from the City, using the eminent domain process if necessary. The ROW in question is part of the SI. Joseph transportation network, connecting with 15th Avenue. As a result of the ROW not being acquired, the Planning Commission did not make any decision on the Preliminary Plat. The Planning Commission recommended that the Council acquire the ROW through eminent domain if necessary. The developer has agreed to pay for all costs associated with the process. Weyrens stated that the ROW is not only needed for transportation purposes, but for utility extension as well. A portion of the subdivision will be serviced with utilities by extending the water/sewer lines in 15th Avenue NE. Rassier stated, the Planning Commission considered this the most important issue with the I I I I I I , '<":.'''''--'~'''''',,,,, ·'F'.'·';,';·""''''~·Ä''·.'.'V.''''~,,,-"*·,,,,,>,··,,,,,,¥ .' , , , i , May 19, 2005 Page 3: of 7 plat and they didn't want to make any decisions until the right-of-way has been 'acquired. Wick questidned if this is a premature issue right now and whether or not the City should get involved. Rassier stated that the City needs to be sure that they have acquired the ROW needed for the road. He also stated that the worst case would be that they begin the first phase and then they never receive the ROW to allow for the rest of the development to occur. Weyrens stated that she has seen the offers that they have given thè property owner and there is nothing more that the developer can do. 1 , , I Wick questioned when 15th Avenue is schedule to be constructed. Weyrens responded that the City has not scheduled the construction of 15th Avenue as roads are extended as development occurs. Rassie'r stated that it is important for the City to preserve the transportation corridors outlined in the . I Comprehensive Plan and assure they are built when traffic warrants such. Carlbom stated that he would like to see 15th Avenue be built in the first phase of Northland Heights. ! Ted Schmid, owner Lumber One, spoke on behalf on his own behalf. Schmid stated that he is not I requesting to construct the road and would prefer not to be required to do the same. At the time of I submitting the concept plan the City required the connection to 15th Avenue as the road is identified in'the Comprehensive Plan. Rassier stated that since Northland has been developed, the City has been looking at access to CR 133 in hopes of connecting 15th Avenue to relieve the pressure at the intersection of Northland Drive and County Road 133. Weyrens clarified that Schmid is not seeking approval on the Preliminary Plat at this meeting as the 1 Planning Commission has recommended he approach the Council seeking assistance to secure the right- of-way for 15th Avenue. Rassier stated that the Planning Commissioners indicated that the plat could not move forward without access to 15th Avenue. Wick questioned the timeframe involved in eminent domain and what happens to the Preliminary Plat during this time. Dege stated that minimally the process would take approximately 60 days. If the Council authorizes eminent domain the plat could move forward as the road will be secured. .' 1 Bettendorf questioned Schmid on the build-out timeframe for phase one of Northland Heights. Schmid stated that they planned to make the first phase larger to allow for the looping of the roads. Since the: proposed phase one is a larger area then he typically develops, it is anticipated that it will take two years before phase one is built out. Bettendorf stated that it appears as though 15th Avenue could be ready for construction within a two year time period, which would coincide with the recommendation that 15th ! Avenue, is constructed before the 2nd phase of Northland Heights begins. I 1 Rassier made a motion to execute Resolution 2005-14 Authorizing Eminent Domain for 15th I Avenue NE with changes made to the legal descriptions as discussed. The motion was seconded by Rieke. 'I Ayes: Rassier, Rieke, Symanietz Nays: Wick, Carlbom , , Arcon DeveloDment - Rivers Bend: Rick Packer of Arcon Development approached the Council on his own behalf. Packer stated that Arcon Development has completed the platting process and is requesting execution of the Development Agreement, Final Plat and Memorandum of Understanding for the plat 1 entitled Rivers Bend. While he has reviewed the Development Agreement and Memorandum of I Understanding with the City Attorney, Engineer and Administrator, he does not concur with all the provisions and is requesting clarification or relief from the Council. The Council agreed to discuss onè document at a time, beginning with the Memorandum of Understanding.' I I Memorandum of UnderstandinQ, Rivers Bend: Packer stated that he has two concerns with regard to ,the , MOU. They are as follows: I I , 1. Public Land Dedication: The MOU requires that the sewer and water be extended to the park property. This would result in 140 feet of 6" water/sewer pipes. Packer stated that he has 1 agreed to stub water and sewer service to the edge of the park property, but wants his contribution to end at the street. Packer further stated that the City should be responsible for May 19, 2005 Page- 4 of 7 extending the pipe from the property line. The City is requiring the pipe to be extended down the property line to the actual park property. Discussion: The Council agreed that this is a similar situation to that in Graceview. They agreed to reimburse thé developer for the extension of water and sewer from Sullivan to the Parking Lot. 2. Attorney Fees: Packer stated that the provision relating to Attorney's Fees provides the City with an unfair advantage. Dege stated that the language in the Agreement is consistent with ail agreements executed by the City and is used to discourage litigation. Packer stated that he does not want to pay City Attorney fees if he is the prevailing party in the litigation. Discussion: Dege stated that the City encourages settlement before going to court. Carlbom questioned if the costs are split iflitigation is settled before Court. Dege responded that they are split. Rieke clarified that the developer pays only if the issue goes to court. Packer stated that he feels that encourages the City to go to court. Dege stated that the developer is responsible for the reviewing and draffing of the documents. It was agreed to NOT change this provision. Wick had some concerns with the Park Land Dedication requirements. He stated that it should specifically state what Arcon will provide and what the Park Board will provide. The Park Ordinance discusses the grading and seeding of the park and he feels that that should be incorporated into the MOU. Rassier suggested following the ordinances as they are written, however Wick stated that the ordinances might change. Dege stated that they could incorporate the existing ordinance provisions into the MOV. Weyrens clarified that the development plan for the decorative street lighting allows the lights to be spaced 175' rather than the current 100'. The spacing still provides for security for walkers and provides adornment along CR 121. Rassier made a motion authorizing the Mayor and Administrator to execute the Memorandum of Understanding between the City of St. Jospeh and Arcon Development for the subdivision entitled River's Bend as modified above. The motion was seconded by Symanietz and passed unanimously. DeveloDment AQreement - River's Bend: Packer identified the foil owing concerns in the Development Agreement: 1. Attorney Fees: This was already addressed with the MOU, as it is the same language. Therefore no change is needed. 2. Binding Effect on Parties and Successors: Packer stated that after reading the revised language, he is okay with the way this is worded. 3. Storm Water: Packer stated that they should not need storm water or drainage improvements as they are building a trunk system to feed into the Sauk River. 4. CQnditions of Plat Approval: Packer stated that he needs 60 rather than 30 days to have the plat recorded. The Council agreed. Wick made a motion authorizing the Mayor and Administrator to execute the Development Agreement between the City of SI. Joseph and Arcon Development for phase one of the subdivision entitled Rivers Bend as modified above. The motion was seconded by Symanietz and passed unanimously. Final Plat - Rivers Bend: Rassier made a motion authorizing the Mayor and Administrator to execute' the final plat for River Bend; seconded by Symanietz and passed unanimously. CITY ENGINEER REPORTS I I I I I I I May 19, 2005 Page 5, of7 , Water Filtration Plant: Jeff Ledin, SEH, was present to discuss the proposed design for the new Wate( Filtration Plant. He stated he wants to address three items: preliminary design, costs, and schedule a design workshop. Ledin provided the Council with an aerial photo illustrating the location of the proposed filtration plant. It is proposed that the plant will be constructed near the SW corner of the intersection of Interstate 94 and County Road 2. At this time a preliminary floor plan has been drafted. Ledin offered the following , information: i , The plant will be built as follows: . I o Level one: finished water clear well, high service pump room, backwash tank, chemical rooms, meter repair shop, garage, men's and women's restroom and locker rooms o Level two: public entry, meeting room, water quality lab, control room, unisex bathroom, filter cells, electrical room ' o Level three: access to filters, plate settler There were several questions raised by the Councilors: o Carlbom questioned whether or not the proposed plant is for a 1 Y. or 2 million gallons per day. Ledin responded that it is for a 2 million gallon per day plant. He also stated that if they were to change to a 1-Y. million gallon per day plant, the process areas would be smaller. I o Wick questioned the need for the two story meeting room. Ledin stated that they built it like that to create an open atmosphere. .' I o Carlbom questioned the need for two locker rooms since there is a unisex bathroom and there are currently only 6 people on the maintenance staff. Wick stated that they have to have both I men's and women's locker rooms and that those would be for the maintenance staff and the 1 restroom would be for the public and visitors. Bettendorf added that they may not use the entire space now, but looking down the road it may be used in full capacity. ' Ledin stated that he would iike to schedule a design workshop with the Councilors to allow them to sitl down and discuss design issues. After discussion amongst the Councilors, they decided to meet, on I Thursday, May 26, 2005 3-5PM. .. Ledin also provided the Council with some preliminary cost figures. He stated that to have the wells 1 constructed for both the 1 Y. and 2 million gallons per day, the cost associated with the construction I would be very similar. There would be a small change in the electrical costs between the two wells. He also explained the cost for SCADA upgrades. He stated that those costs are costs involved in making the old and new systems work together. He also discussed several costs associated with the facility I including: , o Concrete: This would include the tanks and backwash tanks as well as the walls and floors oflhe facility. ,I o Walk in type generator enclosure: He stated that this has not yet been discussed, but they added it in, as they may want to enclose the generator to keep it out of the weather. 1 There were also some factors that caused an increase in costs for the facility. I o Plate Settler: This was not previously contemplated. i o Nature of Construction: In most cases, the wells are built underground. However, in this case,1 they can't build down, so they must build up. ¡ o Telephone/Security Allowance: Since 9/11 public utilities must comply with Homeland Security measures and the public water supply must be secure at all times. Ledin stated that typically ß municipality will partner with a security company to assure compliance.' , I o Trunk Water main: They will need to connect to the current system by adding a water main under the freeway. . I o Land and Platting Cost: This is a cost that can be assumed now that property has been agreed upon. May 19, 2005 Page 6 of7 In response to some questions asked by the Councilors, Ledin stated that the project costs wouid include the facility as well as the items needed to furnish the inside. Carlbom questioned whether or not the City has been discussing annexation of the area since it is in the township. Weyrens stated that at this time the facility will not be annexed but the Township is aware of the project and Bettendorf has been working with them on the platting. Wick questioned whether or not the facility could be expanded if necessary to which Ledin stated that it could. . MAYOR REPORTS APO: Carlbom stated that he attended the APO Meeting and they discussed attendance. He stated that SI. Joseph has been doing Well with their attendance. They also discussed how often they should meet as a full board. They are looking to possibly meet quarterly rather than monthly. PartnershiD: Mayor Carlbom stated that he attended a meetin9 for the Partnership. The Partnership is working with a financial firm who employees 250 employees. Y. cent sales tax: Carlbom reported that he went to the Capitol on Wednesday from 7:30AM - 5:15 PM with the CGMC to lobby for the Y. cent sales tax. He stated that the area bill passed in the House and must now go to the tax committee for final approval. COUNCIL REPORTS SYMANIETZ- No Report WICK ~ Park Board: Wick reported that the Park Board met and they discussed the improvement of the facilities at both Millstream Park and Centennial Park. RASSIER CMBA Annual Awards Meetino: Rassier stated that he attended the CMBA Annual Awards Meeting for Mayor Carlbom. They discussed future growth for the area cities. They also had the Mayor from each City answer some questions regarding their City. RIEKE EDA MeetinQ: Rieke reported that the EDA held their monthly meeting yesterday. Smoke-free Environment: Rieke stated that he had been reading through some old papers and read about the possibility of Cities becoming smoke-free. He reported that according to the information he read, only 18% of Minnesotans smoke. He feels that SI. Joseph should look into being a smoke-free City. Affordable HousinQ: Rieke stated that he also read some information on affordable housing and how not all cities are administering the program the same way. He aiso stated that all cities should pay more attention to the affordable housin9 programs. . SI. Cloud Area Chamber: Rieke was informed that there would be members from the SI. Cloud Area Chamber at the next meeting to discuss membership options. ADMINISTRATOR REPORTS GamblinQ Ordinance: Previously, the Council discussed the amendment to the Gambling Ordinance. Since the last meeting, Weyrens stated that she has notified all of the Gambling Organizations of the proposed change and requested their comments and concerns. Jerry Frleler, American Legion, requested that net profit be defined and that prizes and taxes paid are excluded when determining net profit. Wick I I I I I I May 19, 2005 Page 71 of 7 questioned whether or not the date can be changed as to when their yearly summary is due as it woul'd depend when the groups meet. Weyrens stated that the date could change. Frieler was present at the meeting to discuss some other issues he had with the proposed ordinance amendment. He stated that he would like to see proceeds changed to profits throughout the entire ordinance. Frieler also questioned the following two provisions: 1. Expenditure of Proceeds/Local Benefits: Old: A licensed organization shall expend at least eighty percent (80%) of its net proceeds from the I lawful gambling for a lawful purpose conducted or located within the City'S "trade area", which shall be defined as an area within fifteen (15) miles of the City limits. Proposed: Each organization conducting /awful gambling within the City of 51. Joseph shall annually contribute at least ten percent (10%) of its net profits from gambling to the City of 51. I Joseph. . 1 , 1 Frieler stated that the American Legion donates to 17 lawful organizations and he asked what would be considered a contribution to the City. i , ! Rieke stated that the City of SI. Joseph would mean anything within the boundaries of the City limits. I Weyrens stated that 10% is very common amongst other communities as well and Rassler stated that: most groups will give more than the 10%. I Rassier made a motion authorizing the Mayor and Administrator to execute the Amendment to the Gambling Ordinance with the following changes: [J Clarify net profits throughout the Ordinance. [J Clarify Corporate Limits [J Change date for annual report from January 31 to February 28. The motion was seconded by Rieke and passed unanimously. Premise Permit: Wick made a motion to accept the Premise Permit of the St. Joseph Recreation Association to operate gaming at Loso's Main Street Pub, effective May 27, 2005, the same day the Ordinance becomes effective. The motion was seconded by Symanietz and passed unanimously. UDcominQ MeetinQs: [J Monday, May 23 6:30 Discussion with SI. Wendel [J Tuesday, May 31 5:30 Intergovernmental Meeting - Sauk Rapids Rassier suggested that another workshop day be held so that the Council and Department Heads can. get together and discuss their goals. This was done earlier this year, but it would be a good idea to get together again. Adiourn: Symanietz made a motion to adjourn; seconded by Wick and passed unanimously. 'g~~J I THIS PAGE INTENTIONALLY LEFT BLANK I I