05-26-98 - 4
SAINT MICHAEL CITY COUNCIL
May 26, 1998
Saint Michael Council Chambers 7:00 p.m.
Present: Mayor Roxanne Packa; Council Members Wayne Kessler, Michael Bruner, Kenneth Duerr and Thomas Hagerty; Engineers Jeffrey Roos and Peter Raatikka; City Attorney David Lenhardt; City Administrator Robert Derus; and Deputy Clerk Carol Beall.
Mayor Packa called the meeting to order. The Pledge of Allegiance was said, and a quorum declared present. Mayor Packa welcomed ninth-grade students present in the audience.
Citizen Input. There was no one present to be added to the agenda.
Consent Agenda. The Minutes of May 12 were corrected on Page 4, paragraph 4 to add the word “change” between significant and to, and minutes of May 18 Board of Review were corrected to add the word “value” between lower and as in the last line on Page one. Council Members Bruner/Duerr moved to approve the consent agenda including corrected minutes of May 12 and May 18, 1998; Resolution 05-26-98/1, awarding Bid for purchase of a tractor and mower for parks; Resolution 05-26-98/2, approving 1998 Liquor License Renewals; Resolution 05-26-98/3 approving revisions to the BMX Lease agreement; Resolution 05-26-98/4, approving Pay Estimate #7 in the amount of $107,686.78 for Latour Construction for the TH 241 Sanitary Sewer Extension; Receipt of PSG Monthly Report and Correspondence. All voted aye.
Gordy Schumm – Follow-up on BMX Noise (Loud Speaker & Gate) Complaint. Gordy Schumm was present to say he had not seen any progress on lessening the BMX noise from the loud speaker and gates. He did say that the direction of the speaker had been changed and was less noticeable at his house, but the gate was just as noisy. Barney Marquette was also present and said he can definitely hear the BMX noise at his house. He stated that another problem in the area was the traffic which comes down 32nd Street and goes straight into the park without yielding to the traffic from Lander Avenue. Mayor Packa stated that when working on the site for a new public works building, the entrance will be considered and appropriately redesigned. Marquette also stated a new sign, which is larger and higher, makes it hard to see traffic from the south. (This will be looked at, and the sign moved if necessary to improve traffic visibility.) Gordy also stated if he wanted to build on his dad’s old place, he did not want to live right next to a BMX track. Layne Roschen said he lives just north of Schumm and that he does hear the noise, but it is not offensive to him. He also asked about the future growth of BMX. Linda Schumm said when a granddaughter visited she could not go to sleep while the track was operating. Sheryl Kraft was present representing BMX. She explained what they have done with changing the PA system several times to make it as inoffensive as possible. In addition, she said they have now installed a fire hose filled with sand and with a squishy rubber matting under to try to deaden the sound of the gate. Council Member Kessler said he was present while they were installing these improvements. He said he had also gone to Schumm’s property to check the noise level. He said he could not hear the loud speaker, but did hear the gate. This was prior to the additional noise-deadening improvements. Mayor Packa had also visited the area of the Schumm residence and agreed she could hear the gate. Council Member Hagerty stated he could now hear the loud speaker clearly at his residence, which is the other direction from the Schumm property. Schumm was also concerned with the number of people who would be present during the national event in July. Parking was questioned. At present, if there are too many cars for the existing parking lot, parking is allowed on the grass. No parking is allowed along Lander Avenue. These new improvements will be tested and Schumm said if there was no improvement, he would be back to the council with his complaints.
Tom Godlewski, Anthony Godlewski and Jeff Hochstedler – Request Consideration to Subdivide. Tony Godlewski stated he would typically follow the procedure of going to Planning and Zoning first, but he had been advised by Mayor Packa to come to the Council and discuss how to proceed smoothly. He asked to have his Dad, who is the actual landowner, speak. Tom Godlewski presented his son’s desire to take the 6.38 acre parcel and split it, using part of the property on which to build a new house. He indicated a number of issues were keeping them from going ahead, including the lack of progress on an agreement for sewer service along Lander Avenue. At this time they were asking approval from the council to split the A-2 parcel. There was discussion on the purpose of the A-2 zoning, and the lack of a specific reference in the zoning ordinance prohibiting subdivision without rezoning and sanitary sewer availability, although the ordinance did specifically state that no urban services would be provided to the A-2 district. The A-2 zoning had been provided for the smaller parcels created by one-in-forty splits, but had also been assigned to existing agriculture parcels under 10 acres at the time the new zoning map was adopted. Godlewski said he had kept in touch with the City engineer concerning the progress on a sewer agreement, but progress was slower than anticipated, so they were looking for some kind of a waiver to allow them to move forward with the split. The City Attorney said he saw a real problem in that he did not see how the council could waive an ordinance. He also explained that if there was a conflict between the zoning ordinance and the comprehensive plan, the comprehensive plan would control. Several council members suggested that since Godlewski was not anticipating building immediately, he should wait until a sewer agreement was in place and then go through the normal procedure. Council Member Duerr asked if there was some way this area could be considered differently from all the other A-2 parcels scattered throughout the area of the city. Engineer Roos was asked for a current status report on the sewer agreement with Hanover. He stated the sewer committee had pretty much come to agreement on the document and that it was now being given to the attorneys for their perusal. It could be possible to have an agreement ready for council approval by the second meeting in June. The project then would go to public hearing as an assessment project for both cities. There would be funding procedures to follow before a contract could be awarded. It was stressed that it could be some time before an actual project could go forward, and it was possible to a certain point for Hanover to back out of the agreement. It was agreed that the ordinance should be amended and tightened to make it clear what the intention was with regard to subdivision within the A-2 district, and to make sure the city’s zoning ordinance was in agreement with the comprehensive plan. It was also agreed that no matter what the final Godlewski request might be, it would be necessary to take it to the Planning Commission for a recommendation before the council could act. If a sewer agreement with Hanover were actually in place and it was clear the project would be moving forward, it might be possible to consider rezoning and a request for platting, after which, if the rezoning was approved, it might also be possible to consider holding tanks until the sanitary sewer is actually available (with a sunset clause). The consensus of the council was that the Godlewskis should consider waiting with their request until an agreement with the City of Hanover is in place, with the understanding that until an actual contract is let, it could be possible for Hanover to back out of the agreement, in which case it could not be assured that the sanitary sewer would be put in place down Lander Avenue. In any case the request would need to go to the Planning Commission first.
Park Committee Report. Park Board minutes from May 13, 1998, had been provided to the council, as well as a summary of Park Board Recommendations. The first item concerned possible park dedication for the Gutzwiller farm if Ralph Munsterteiger were to develop that property. Munsterteiger had attended the Park Board meeting to seek direction from them, but had not presented any kind of a sketch plan, so the board had been somewhat reluctant to make a commitment. They had, however, recommended the City Council accept land dedication rather than cash, since there were no parks in the general area. Munsterteiger was looking for direction as to exactly what site should be dedicated for this purpose. The area which included the existing house and garage was one possibility; however, there was a life estate involved. It was indicated that area could be carved very narrow so that if it was desired to begin to develop the park, that could be done. The nearby power lines were also of some concern. Although building could not be done under the lines, NSP had no objection to open park space. After considerable discussion, Council Members Hagerty/Bruner moved to recommend the site to the east which included the area of the existing residence and garage, as the preferred site for dedication of park land when the Gutzwiller farm is developed. All voted aye. The second area which concerned Ralph Munsterteiger was park dedication for Maple Ridge Third Addition. Although the preliminary plat was approved several years ago, the Park Board recommended that park dedication be at today’s rate. In this case cash dedication was recommended in lieu of land. The administrator was recommending a value of $15,000 per acre be placed on that acreage that is buildable and a reduced value at the assessor’s recommendation be placed on the remainder of the land, which would be approximately 10 acres. Munsterteiger indicated by his calculations this would come to just under $800 per lot, and he would accept that; however, if it was over $800 per lot, he would ask to revisit the matter. Council Members Duerr/Hagerty moved that a figure of $15,000 value per acre for buildable land in Maple Ridge Third Addition, and a lesser value at the Assessor’s recommendation, be used for the unbuildable land in the addition, for the purpose of figuring the cash park dedication for Maple Ridge Third Addition. All voted aye. The next item of consideration was revised concept plans for Walnut Park. Administrator Derus showed a revised plan for the Walnut Park and pointed out the Park Board’s recommendations for changes to the revised plan, including scaling back the size of the basketball court to a ½ court size, changing the fields so the main one would be near the hockey rink, and with the goal to have the field graded and ready to be seeded by August. The next step would be civil engineering with a plan to replace the open ditch with a storm sewer. Council Members Kessler/Bruner moved approval of the revised concept plan for Walnut Park, with the recommendations of the Park Board. All voted aye. Administrator Derus then showed a revised plan for Frankfort Hills Park and also pointed out Park Board recommendations here to again scale back the size of the basketball court, to check the water near the playground and to check with DNR for possible access through the wetland from the south. Again, the goal would be to have the field graded by August to be ready for seeding, and with civil engineering to be the next necessary step. There was some discussion as to the amount of parking with the concern that adequate parking be provided. Council Members Bruner/Kessler moved approval of the revised plan for Frankfort Hills Park, with the recommendations of the Park Board. All voted aye. Administrator Derus reminded the council of the Comprehensive Park and Trails Planning Visioning Session scheduled for May 27, 1998, at 7 p.m. The next park board item concerned the park dedication to be recommended for Cedar Creek Golf Course. There had been several options to consider. At first 8% of value, based on density had been considered, but in looking again at the development, it was agreed this was a commercial development for the portion within Saint Michael, and therefore 10% should be considered. Derus was recommending a value of from $5,000 to $7,000, based on what had been paid, as well as the reduced land value for an area with the power lines crossing and with no city services available.
Darren Burke Wetland Excavation Permit. Darren Burke had requesting a Land Excavation Permit for digging a pond on his property. He had already been through the process with the Wright County Soil and Water Conservation District, the Department of Natural Resources and the Army Corps of Engineers. Obtaining an excavation permit from the city was the last step. There was some discussion concerning establishing a fee for excavation permits. In this case many of the concerns would not be applicable, but for future requests, the engineer and administrator will work on a fee schedule. Council Members Kessler/Hagerty, moved to approve the excavation permit request of Darren Burke, 1660 Jaber Avenue NE. All voted aye.
Loren Kohnen – Discuss Septic Ordinance and Donation. Since Loren Kohnen was not present, this item was tabled until he arrived or to the next agenda.
City Engineer’s Report. Engineer Roos had already reported on the status of the Hanover Sewer Agreement, which has now been forwarded to the attorneys and will come to the councils after attorney agreement. Roos reported he has looked at the recommended drainage improvements for County Road 19 and 23rd Street and will do some number crunching before bringing a feasibility report to the council. Roos said he also has been working on the downtown parking project. He has now included Aztec in his contacts. He said all the business people have been very cooperative. The Legion had suggested he attend their board meeting, which he will do on Tuesday, June 9, prior to the next council meeting. They had also made some recommendations concerning property they felt the city should consider purchasing for an EDA project. It was also suggested to Engineer Roos that he check with the Corner Bar for participation in the downtown parking project and that the vacant lot between the Legion and the Corner Bar be considered for walking to the parking area, rather than through the alley-way by the Legion. It was suggested that Redevelopment might be the subject of a special meeting for the council at some time in the future. The proposed new school site was briefly discussed, as Engineer Roos indicated they would need public improvements all the way up Naber Avenue, and this would change the scope of Naber Avenue Project. Roos reported notices of a neighborhood meeting have been sent to Naber Avenue residents, with the meeting scheduled for Thursday evening, June 11 at the City Hall. There had also been some discussion concerning the alignment of the Boulevard and also 50th Street in relation to the school project, as well as assessment of both.