**PLEASE NOTE: NEW MEETING LOCATION
REGULAR MEETING
SAUK RAPIDS CITY COUNCIL
SAUK RAPIDS GOVERNMENT CENTER, 250 Summit Ave N.
Monday, June 25, 2012
6:00 PM
MINUTES
6:00 PM
- Call to Order and Pledge of Allegiance
Mayor Saunders called the meeting to order at 6:00p.m. Members present: Brad Gunderson and Paul Weber. Members Absent: Jared Gapinski and Bill Bard. Others present: Ross Olson, City Administrator, Igor Lenzner, City Attorney, Perry Beise, Police Chief, Terry Wotzka, City Engineer, John Henz, UtilitiesDirector, Todd Schultz, Community Development Director, and Dana Furman, Administrative Services Coordinator
2.Additions or Changes to the Agenda
NONE
3.Approve the Agenda
Motion: Moved by Councilperson Gunderson and seconded by Councilperson Weberto approve the Agenda. Motion carried unanimously.
4.Approve Minutes
A. 6-11-12 Regular City Council Meeting Minutes
Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to approve the
6-11-12 Regular City Council Meeting Minutes. Motion carried unanimously.
5.Receive and File
A. 3-21-12 Special Advisory Park Board Workshop Minutes
Motion: Moved by Councilperson Gunderson and seconded by Councilperson Weber to approve the 3-21-2012 Special Advisory Park Board Workshop Minutes. Motion carried unanimously.
6.Mayor’s Communications
- Swearing In Of Police Officer, Austin Young—Mayor Saunders administered the oath and swearing in of the City of Sauk Rapids newest Patrol Officer, Austin Young.
- Rapids River Food Fest—Mayor Saunders thanked Marla Elness and the Rapids Food Fest committee for the tremendous amount of work and effort that went into this year’s Rapids River Food Fest events.
Councilperson Weber said that there has been some changing of the guard on the Food Fest Committee, so he’s encouraging residents to step up and help organize the event and keep this great tradition going. Councilperson Weber thanked Marla Elness, Mark and Kathy Sauer, and Wayne Anderson for all of their dedication to the Rapids River Food Fest events.
7.Audience Items/Visitors
Total Time Limit 10 Minutes for Items NOT on the Agenda
NONE
8. Public Hearings
A. ApplicantPurpose
Minnwest Bank To Consider A Preliminary Plat Approval For Villages of Creekside Plat 4 and Planned Unit Development Approval. Applicant Proposes To Amend the Current Development Plan By Replacing Townhomes, Patio Homes and Bay Homes With Single Family Residential Homes
- Open Public Hearing
Todd Schultz advised the Council that Minnwest Bank has applied to replat a portion of the Villages of Creeksdie Plat. He noted that the particular area where they are interested in doing this is the area that was intended for townhomes and patio homes. In addition there is an area on the southwest portion of the plat that was intended to be Bayhomes. Schultz stated that all of these areas just described would be platted with single family lots if this plat is approved. He explained that according to the Bank, there is no market for townhomes or patio homes but there is some demand for single family lots and they have interest from builders if they can get this approved.
Schultz provided the Council with a history of the City’s most unique and complicated development that is Villages of Creekside. He stated that when a private road had been put in to serve the patio homes and townhomes when the development was first done. Schultz said that the private road does not have a curb and is quite narrow. Because the current road does not come close to meeting the City’s minimum standards, it is staff’s recommendation that the road remain private. Schultz said that the Developer is proposing to dedicate additional right of way so that there may be enough room to put in a road that meets City specifications when the road is rebuilt sometime in the future.
Schultz explained that Villages of Creekside was a Planned Unit Development. He noted that there was great variance in lot size and the actual location of homes and sidewalks. All of the lots proposed meet the minimum lot size requirement, but 11 of the proposed lots don’t meet the minimum width requirements although they do come close. Schultz said that 5 of the proposed lots don’t meet the minimum depth requirement due to the extra right of way that the Developer is providing.
Schultz advised the Council that the Developer met with the Pre Plat Committee and made some changes to the plat based on the comments received from the Committee. He stated that one of the questions that come up at the Committee meeting was the general plan for the plat. Schultz stated that the Developer told the Committee that they would like to graduate the price point of the lots from front to back. The lots on the north end would be entry level and they would get more expensive as you move to the south towards the high school.
Schultz noted that on the south cul-de-sac street there is some addition sidewalk work that will need to take place. The sidewalk was installed around the lots (on the backside), but they were not connected to the sidewalks on the main road (Old Stone Way). Schultz stated that this connection should happen now and will be a condition of the approval.
Schultz said that the Planning Commission recommended approval with conditions, but that there were two dissenting votes. He shared with the Council the conditions being recommended.
Schultz stated that staff and the Council did receive a letter of opposition from some of the neighbors of Villages of Creekside. He stated that the letter of opposition was received too late in which for staff to meet with concerned residents prior to tonight’s meeting. Schultz said that staff is requesting that the Council table this agenda item to allow for staff to meet with concerned residents.
Mayor Saunders noted that he was in agreement with tabling this item to allow for staff to meet with the residents and address their concerns.
Dr. Kevin Smith, 3232 Old Stone Way NE, stated that he felt all interested parties should be given the opportunity to speak regarding this issue even if this agenda item is tabled. Dr.Smith noted that the letter of opposition was submitted in a timely manner. He stated that the residents of Villages of Creekside want more information on their rights as property owners. Dr. Smith stated that the main concern of the neighborhood is that the covenants are enforced as the current property owners want the neighborhood to stay the same as it was originally planned.
Mayor Saunders noted that the City does not interfere with covenants as the City does not enforce covenants. Schultz explained that the County records covenants, which go above and beyond what the City requires. Covenants are private as they are between the property owners and the Developer.
Igor Lenzner said that the City has slight involvement if the original Developer made some sort of agreements in regards to parks.
Dr. Smith questioned if covenants are a County issue. Lenzner said that other than the maintenance issues, the County signs off on the plat, but the enforcement is a private issue between property owners. Smith said that he and the other neighbors are taking care of the boulevards and the maintenance of the neighborhood.
Dr. Brent Neilsen, 3263 Old Creek Way NE, stated that the property owners in Villages of Creekside are passionate about the neighborhood. He said that current property owners want to preserve the architectural integrity of the neighborhood. Dr. Nielsen stated that potential buyers who have looked at the Villages of Creekside homes have noted that they are concerned about the neighborhood’s future.
Greg Simmones (?sp), Minnwest Bank, explained to the Council that the bank’s legal counsel and the bank have done extensive review of the covenants. Simmones noted that the covenants are all quite mute when it comes to thedesign and architecture of the neighborhood. He apologized if the previous Developer made promises that were not recorded. Simmones said that the bank does not want to destroy the integrity of the neighborhood. He explained that the plan would be to start at entry level homes and work toward building the higher end homes. Minnwest Bank is currently paying a large portion of the taxes on this development. Simmones stated that the bank has a contract with a mowing service to ensure that the boulevards are maintained on a monthly basis.
Dr. Smith said that the type of home may not be in the covenant itself, but the description in the letter that was issued on the original Developer’s website describes the neighborhood that was sold to the current homeowners. Dr. Smith stated that he understands the realities of life, but he feels that the same historic style homes can still be done today to preserve the integrity of this neighborhood.
- Close Public Hearing
Motion: Moved by Councilperson Gunderson and seconded by Councilperson Weber toclose the public hearing. Motion carried unanimously.
- Consider Action
Motion: Moved by Mayor Saunders and seconded by Councilperson Weber to table this agenda item until the next regularly scheduled City Council meeting. Motion carried unanimously.
Discussion:
Councilperson Weber noted that even the description on staff’s Request For Action (RFA) talks about the uniqueness of this neighborhood. He said that he hopes that staff is able to address the 6 bullet pointed list of concerns that the neighborhood has addressed/discussed prior to the next Council meeting.
Motion carried unanimously.
B. ApplicantPurpose
City of Sauk RapidsTo Consider Making An Improvement To Summit Avenue Between 11th Street North and the 1400 Block Summit Avenue Cul-De-Sac. The Improvement Is a Street Overlay of Summit Avenue
- Open Public Hearing
Terry Wotzka explained to the Council that the proposed project includes a bituminous overlay on Summit Avenue from 11th Street North to the 1400 Block of Summit Avenue. He noted that this project is planned to be financed with a combination of assessments and street budget funds. The hope is to do these types of projects at a “right time basis” to extend the life of a street. Wotzka reviewed the Feasibility Study and the Preliminary Assessment Worksheet (PAW). There was an informal meeting for impacted residents on Wednesday, June 20th. The total estimated cost for the project is $119,876. Wotzka explained that the estimated assessment cost is $23,452, which amounts to $578 per residential lot on a five year assessment. The estimated City cost of the project is $96,424. Wotzka stated that the hope is to complete the project by the end of August. The Final Assessment hearing will be in November, and the hope is that the actual cost will be lower than the estimated cost.
Mayor Saunders questioned the milling procedure and the crowing that would occur. Wotzka said that the additional crown meets the specifications and helps with drainage.
Roger Stalkman, 1328 Summit Avenue, asked if this assessment procedure was customary. Wotzka explained that since the Assessment Policy was adopted the process has been to assess the impacted properties using the same methodology as what is proposed with this project.
Bridget Schaefer, 1330 Summit Avenue, noted that she doesn’t feel a need for this project. She commented on the other roadways that she feels that the City should do. Schaefer talked about 2nd Street up the hill and how this roadway needs to be widened as it is unsafe in its current condition.
Terry Wotzka said that the City will soon be doing an Environmental Study on 2nd Street up the hill to see what type of roadway will work best. Wotzka noted that the hope is to work on improving the driving conditions on 2nd Street as soon as possible.
Mayor Saunders noted that since he was elected to the Council he has noticed that the City has been playing a constant game of catch-up, so the hope is that by starting to do improvement projects at the right time the life of the roadways in the City will be extended. Mayor Saunders stated that reconstruction is a lot more expensive than an overlay.
Stalkman said that the roadway in front of the Sterling Care facility seems somewhat new so he wasn’t sure why this relatively new roadway is proposed to be redone. Wotzka said that this roadway is approximately 15 years old. Stalkman commented about the semi traffic along this roadway and whether there was any way to restrict this. Wotzka said that the hope is that when the 2nd Street project is done that it will better serve the traffic needs of the City and possibly reroute some of the traffic flow currently experienced on other roadways.
- Close Public Hearing
Motion: Moved by Councilperson Weber and seconded by Councilperson Gunderson to close the public hearing. Motion carried unanimously.
3. Consider Action
Motion: Moved by CouncilpersonWeberand seconded by CouncilpersonGundersonto approve the resolution ordering improvement and preparation of plans.
Discussion:
Councilperson Weber said that it is extremely difficult to do assessments, but to maintain the roadways is a job that the City must do. Councilperson Weber said that the assessment policy is not perfect, but when it comes to overlays it is money well spent to keep out of the reconstruction category and extend the life of the roadway.
Motion carried unanimously.
9.Consent Agenda
- Approve Amusement Permit for Church of the Sacred Heart’s Parish Festival
- Approve Temporary 3.2 Beer License for Church of the Sacred Heart
- Approve and Authorize Addendum to Annual On-Sale Liquor License for Bubba’s Bar and Grill’s RibFest Special Event
- Approve Request To Sell Used Car By Auction
- Approve Old Capital Tavern Sandwich Board Sign Hold Harmless Agreement
- Approve Windsor Estates Subdivision Bond Agreement
- Approve Encroachment Agreement
- Approve Settlement of Assessment Appeal
- Approve Paving South Side (Lions Sunset Park) Parking Lot
- Approve 2012 Plumbing Contractor Licenses
Motion: Moved byCouncilperson Weber and seconded by Councilperson Gundersonto approve agenda items 9A-9J. Motion carried unanimously.
10.Regular Agenda
NONE
11.Other Staff Items
A. City Compost Site and City Offices Will Be Closed on Wednesday, July 4th
John Henz reminded residents that due to the 4th of July falling on a Wednesday this year, the City’s compost site will be closed in observance of the Federal holiday. Regular hours will resume on Saturday, July 4th from 8:00am until 4:30pm.
12. Other Council Items and Communications
NONE
13.Approve List of Bills and Claims
Motion: Moved by CouncilpersonWeberand seconded by Mayor Saunders to approve the List of Bills and Claims. Motion carried unanimously.
14.Adjournment
Motion: Moved by Councilperson Weber and seconded by Councilperson Gundersonto adjourn the meeting. Motion carried unanimously.
Mayor Saunders adjourned the meeting at6:55 p.m.
Respectfully Submitted,
Dana Furman
Administrative Services Coordinator
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