CC – 07-23-02 - 6
MINUTES
REGULAR SAINT MICHAEL CITY COUNCIL MEETING
July 23, 2002
Saint Michael Council Chambers 7:00 p.m.
Present: Mayor Wayne Kessler; Council Members Thomas Hagerty, Dean Eggert, Joe Hagerty, and Drew Scherber; City Engineer Jeff Roos (7:10 p.m.) (and Roger Larson); Attorney David Lenhardt (7:12 p.m.); Community Development Director Marc Weigle; and City Clerk Carol Beall. Mayor Kessler called the meeting to order, declaring a quorum present. The Pledge of Allegiance was said.
Set Agenda. Community Development Director Weigle added International Antiques Parking Request and Great Northern Bank Ground Breaking; Mayor Kessler added Water Billing and Parkway Traffic and Speed, and Beall added Resolution for Awarding Gravel Crushing Quote – all under the Administrator’s Report. Council Members J. Hagerty/Eggert moved to approve the agenda, as amended, with all voting aye.
Citizen Input. There was no one not already on the agenda present to address the Council.
Consent Agenda. Council Members Eggert/T. Hagerty moved to approve Consent Agenda Items a) through k), as listed below, with all voting aye.
a) Resolution #07-23-02-01 Approving City Council Minutes of 07-09-02, Regular Council Meeting and Joint Workshop of 07-10-02
b) Resolution #07-23-02-02 Approving 3.2 Liquor License for Church Festival, Sept 8, 2002
c) Resolution #07-23-02-03 Approving On Sale and Sunday Liquor License for Carmen’s Catering, doing business as J R’s Pizza
d) Resolution #07-23-02-04 Approve 2nd Quarter Financial Report
e) Resolution #07-23-02-05 Approve June Financial Report
f) Resolution #07-23-02-06 Approve Letter of Understanding with the League of Minnesota Cities to Participate on Preparing a NPDES Phase II Storm Water Guide Plan
g) Resolution #07-23-02-07 Approval of $500 Donation to Education to Employment Partnership
h) Resolution #07-23-02-08 Approval of Becker Woods Declaration of Covenants and Restrictions
i) Resolution #07-23-02-09 Approving Contract with GME Consultants, Inc. to Seal Monitoring Well at the Fire Hall
j) Resolution #07-23-02-10 Approving Reimbursement for Expenses Related to Driveway Damage Due to a Sewer Dig
k) Resolution #07-23-02-11 Accepting Bid for Hansack Reconstruction
Planning and Zoning Commission. Consent After brief discussion, Council Members T. Hagerty/Scherber moved to approve Planning Consent Items as follows: Approval of the Final Plat for The Preserve West Ninth Addition with the following conditions:
1. The Applicant enters into a Developer’s Agreement with the City.
2. The City Engineer reviews and approves the grading, drainage and utility plans prior to execution of the developer’s agreement and filing of the Final Plat.
3. A cash park dedication credit of $14,000 is given to Hans Hagen Homes for the construction of the Preserve Park.
Approval of Resolution 07-23-02-13, amendment to existing CUP No. 98-07/3 for the St. Michael Middle School with the following condition:
1. The Site Plan is approved.
And, approval of the Site Plan to allow for the construction of additions onto the Middle School, which is located in the R-1 (Low-Density Residential) zoning district, with the following conditions:
1. The Amendment for the Conditional Use Permit is approved.
2. The City Engineer must review and approve Final Grading, Drainage and Erosion Control Plans.
All voted aye.
Discussion. Community Development Director Marc Weigle addressed the request for Final Plat approval for the Second Addition of The Landings of Crow River. He reported discussion at the Planning and Zoning Commission about the difference between open porches or decks and four season porches, and the required setbacks for each. He said there were not a lot of additional comments. Weigle reported Engineer Roger Larson met with Dommer from Bright Keys concerning grading and utility issues. Weigle said the city does require a final approval from the Engineer before recording the plat. There was some concern about the grading of the parkland. Whether or not to have natural grasses will probably go back to the Park Board, but in any case it will still need to be re-graded, so the City will be able to maintain. A condition should be that this is resolved in a timely manner before final plat. Sharry Berning also requested a condition that outstanding assessments be paid in full or spread over the remaining lots. There was some discussion at Planning concerning maintenance of individual lots, and whether the homeowners or the association could maintain, and whether they would be maintained in a uniform manner. Attorney Lenhardt said the homeowner association documents usually look at maintenance of the common areas, and not normally the private yard areas. This might be an item for discussion for future developments. The homeowner documents will be reviewed to see if there should be something more specific regarding maintenance of the private yard areas. Council Members Eggert/Scherber moved to approve the Final Plat for The Landings of Crow River Second Addition with the following conditions:
1. The applicant enters into a Developer’s Agreement with the City.
2. The applicant provides the City Attorney with a title commitment.
3. A park dedication fee in the amount of $138,000 (69 lots @ $2000) shall be submitted prior to the execution of the Developer’s Agreement and filing of the Final Plat.
4. A revised plat shall be submitted showing a 10-foot easement along Lander Avenue on Lots 1, 3, and 4, Block 3. The revised plat (page 4) must reflect the true intentions for ponding.
5. The revised plat must include all street names determined by the City.
6. The City Engineer reviews and approves the grading, drainage and utility plans prior to the execution of the Developer’s Agreement and filing of the Final Plat.
7. A 6-foot concrete sidewalk with a minimum 6-foot boulevard, and at least one foot of green-space between the sidewalk and front property line, shall be constructed along the south and east sides of Langston Lane NE. The applicant shall provide to the City’s attorney a legal description regarding the easement for the subject sidewalk. This easement shall be recorded by the applicant at Wright County.
8. A 20-foot trail easement shall be dedicated to the City for a trail to the rear of the building pads on Lots 1 through 9, Block 2. A site visit by the applicant and City staff shall define the location of the trail easement. Only removal of dead or diseased trees and light pruning of brush shall be permitted along the Crow River. Lots 1-9, Block 2, have a 100-foot setback from the Ordinary High Water Level (OHWL) of the Crow River. If said trail easement cannot be within 70 feet of the OHWL, then a 30-foot setback from the edge of the trail, toward the building pad, shall be provided. The applicant shall submit, for review, to the City’s attorney a legal description of such determined trail easement, along with a site plan noting the location of such trail easement. The trail easement document shall be filed by the applicant at Wright County.
9. Documents are provided to, and approved by, the City Attorney describing the homeowners association’s responsibility to control the design of the exterior of buildings, maintain the landscaping and monument signs (if any) and prohibiting outdoor storage and accessory buildings for The Landings of Crow River Second Addition.
10. The applicant shall comply with the Landscape Plan submitted to the City in conjunction with the Subdivision. All double-fronting lots shall meet the minimum requirements of the City’s ordinance regarding landscaping as found in Section 155.031(D)(2)(a).
11. All buildings within the Planned Unit Development shall meet the 30-foot rear yard setback. Decks and porches (no full foundation below or living above) shall be permitted 15 feet from the rear property line, except on the perimeter lots (specifically: Block 4, Lots 1, 3-16 and 18; Block 1, Lots 1-6; Block 6, Lot 15, and Block 3, Lot) according to the PUD Site Plan. The front setback is 30 feet from the front property line. Side setbacks are 10 feet on each side to a minimum of 15 feet between buildings.
12. No accessory buildings shall be allowed in the Subdivision.
13. The developer shall be required to pay the infrastructure fee established by the City Engineer for Trunk Infrastructure Improvements.
14. Bright Keys agrees to re-grade the park area to a condition acceptable to the City’s Public Works Supervisor, and seed based on the recommendation of the Park Board after a meeting with staff and residents.
15. The outstanding assessment on Outlot A must be paid in full or re-spread across each lot.
All voted aye.
Amendments to City Ordinances
Weigle reported the Planning Commission has discussed some ordinance amendments over the past several months. Minutes from the public hearing held by the Commission on July 17, 2002, were provided. Weigle discussed several of the proposed changes with the Council. The definition of vehicle for Section 71.01 was discussed. The language will be changed to include any trailer, or trailer will be included as a separate category, to include construction trailers and the like. There was discussion on fencing. A question had been raised regarding whether hot tubs should be fenced. It was understood most hot tubs have a lockable cover. This subject may be considered further in the future, but hot tubs will not be included at this time for fencing.
After some additional discussion, Council Members Eggert/T. Hagerty moved to direct the attorney to prepare an ordinance in accordance with the recommendations of the Planning & Zoning Commission, as well as to prepare a summary ordinance for publication. All voted aye.
Proposal for Downtown Road Study. Weigle reported after discussion with SRF, it was felt there may be some information already available from MnDOT, which had been proposed for this study, so the item was tabled for the next meeting, in order to get more information before moving ahead.
COMPLAINTS ABOUT JUVENILES IN MCDONALDS/EXXON PARKING LOT. A letter was received from Lisa Haberman of 508 Ash Avenue NE, concerning the loitering and conduct of juveniles in the McDonalds/Exxon Parking Lot. Ms Haberman was present to speak on behalf of herself and her neighbors. Neighbors were also present in the audience. Haberman said this is an on-going problem, with inadequate response from the Sheriff’s deputies. She also asked about ordinances. Wright County Sheriff Gary Miller was present as well. Attorney Lenhardt read a portion of the noise ordinance, and Council Member J. Hagerty explained other current ordinances, including the loitering portion, as well as tools already in place. Sheriff Miller also explained to Ms. Haberman that typically when a situation like this comes to light, officers and their supervisors will sit down with neighbors to try to resolve the issues, and so neighbors can get to know the officers and their supervisors. Miller explained a little about the successful Safe Communities program in Wright County. He said his Department would work directly with the Ash Avenue neighbors and McDonald’s owners. Darlene Haus, who works in a clinic in the mall area, stated she was glad the Council was addressing this problem, which she said she could confirm is a problem at all hours. She suggested tying some of the education of youth in with Drivers’ Education. Sheriff Miller gave Ms Haberman numbers to call to set up a meeting with officers, supervisors and neighbors.
CITY ENGINEER REPORT. Request for Safety Improvements on 34th Place NE. City Engineer Jeff Roos reported the City received a request for installation of “Children at Play” signs on 34th Place NE, due to a concern for safety of children. Roos explained traffic control devices, and advice from traffic specialists. He also stated most modern plats are designed with curvilinear streets. Drivers tend to ignore widespread use of traffic signs such as “Children at Play,” so the City has not been using these types of signs, except in cases of a handicapped child. The question of whether children play in streets because of the lack of sidewalks was briefly discussed, and Roos asked the Council about meeting with the 34th Place neighbors concerning a possible petition for installation of sidewalks. It was also stated signs do not work without enforcement. Bill Block of 10837 – 34th Place NE, spoke on behalf of the neighborhood, indicating there are 25 children in one block and on the end, with the oldest being 11 years of age. Speed was also mentioned. It was suggested, among other things, that neighbors call the Sheriff’s office with specific information as to times and specific cars, if that is available. One neighbor pointed out most traffic is coming off CR35 where the speed limit is 55 MPH, and there is no speed sign posted to remind drivers of the 30 MPH limit in the residential neighborhood. There was also discussion on stop signs inappropriately placed, speed bumps, or temporary speed bumps and the growing use of humps, which are longer and flatter than speed bumps. Roos pointed out a lot of signage is required if they are used. After further discussion, the neighbors were encouraged to keep track and report more specific information. The City and Sheriff’s Office will work with them as much as possible.
Mayor Kessler also asked the engineers about reports he has received about cars speeding Frankfort Parkway, which is a 30 MPH zone. He suggested that might be another good place for the speed and traffic counter to be temporarily placed. It was also agreed there should be a pedestrian crossing to the park. It will be signed and striped at the appropriate place.
Doug Mayo, Common Bond Communities. Doug Mayo of Common Bond Communities was present to address the Council concerning affordable housing. He said Common Bond Communities is a non-profit provider of affordable housing. He said there was discussion about building some affordable housing on land the Catholic church owns and they were looking for assistance from the City of St. Michael in the form of some kind of financing tax credits such as waiving some park fees and SAC charges. He explained they manage everything they develop—long-term owners. Any cash goes back into corporation to support additional affordable housing. They create housing compatible with the surrounding area, and he gave some examples. At times they have had significant neighborhood opposition, which has often changed to support once the finished product was seen. He spoke of criteria, including background and credit checks, as well as efforts to keep the housing affordable on a long-term basis. After additional discussion on costs and credits and the various aspects of affordable housing, Council Members J. Hagerty/Eggert moved to approve the letter of intent as modified, including the waiver of $60,000 in Park Dedication fees, $15,000 in Building Permit fees, and $15,000 in Sewer Hook-Up and Street Assessments. All voted aye.