04-13-99- 8

SAINT MICHAEL CITY COUNCIL

April 13, 1999

Saint Michael Council Chambers 7:00 p.m.

Present: Mayor Wayne Kessler, Council Members, Kenneth Duerr, Thomas Hagerty, Dean Eggert and Joe Hagerty; Engineers Jeff Elliot, Pete Raatikka and Jim Johnson; Attorney David Lenhardt; City Administrator Robert Derus; and Deputy Clerk Carol Beall.

Mayor Kessler called the meeting to order, declaring a quorum present. The Pledge of Allegiance was said. Set Agenda. Administrator Derus added Change Order No. 1, MacIver Avenue Lift Station under the Engineer Report; and Treasurer’s Report for March, 1999 under the consent agenda. He said Paul Beckey of Rockford Township was present and wished to address the council.

Citizen Input. Paul Beckey Rockford Town Board Chairperson, stated the Town Board wished to get back to the City Council to let them know that the petition for a Subordinate Sewer District did not come forth, but there was a movement for annexation with the City of Saint Michael which indicated that organization costs for the annexation process would be taken care of by the City of Saint Michael. Beckey said he was convinced the Subordinate Sewer District petition failed because of the annexation movement. He said he thought there should be a spirit of cooperation between governing bodies. Mayor Kessler said that some of the citizens told the city they might be interested in annexation, but they were told the city would much rather see the solution come as per the discussions that had taken place between the communities. Council Member Duerr stated this was the first he has heard this. Council Member Hagerty asked if there was anyone from the City of Saint Michael who had met with citizens from Rockford. Mayor Kessler said a meeting was held at the City Hall several weeks ago, but Chairman Paul Beckey was at that meeting. Any Rockford citizens who have called have been told it would be best if they worked out the solutions with Rockford. It was not known where the information that the City would cover organization costs came from, because that information was not given by anyone from the City. Beckey was going back to Rockford for their town board meeting and he was relieved to know that the City of Saint Michael was not pushing for any annexation process, nor particularly interested in such action.

Consent Agenda. Council Members T.Hagerty/Duerr moved to approve the consent agenda, including approval of Minutes of March 23 & 30 and April 6, 1999; Receipt of Joint Water Board Minutes of March 22, 1999; approval of Resolution 04-13-99/1, accepting the bid for Frankfort Parkway in Highwoods Addition from Hardrives, Inc. in the amount of $165,584.90; Approval of Resolution 04-13-99/2, accepting the bid for sanitary sewer trunk and watermain extensions to the Royal Meadows Subdivision from Bonine Excavating in the amount of $175,595.50; Setting joint meeting with the STMA School Board for 04-28-99 at City Hall at 7:00 p.m.; approval of Recycling Services Agreement with E-Z Recycling; Recognition of 79th Wedding Anniversary of Mr. and Mrs. Howard Sipe; and acceptance of March, 1999 Treasurer’s Report. All voted aye.

Planning Commission Report: Consent Items. Council Members T.Hagerty/Duerr moved to approve the Planning Commission consent items, with the contingencies and recommendations of the Planning and Zoning Commission, including, Approval of Lot Combination & Platting for the Roseanne Lekatz property, Lot 3, Block 3, Elmcrest Manor, and adjoining metes and bounds parcel, 1455 Janett Avenue NE; Approval of Lot Combination and Platting for Ruben Hamann, 304 Main Street South, Part of Lot 19, Block A, Original Plat & the adjoining metes and bounds parcel; Approval of final plat for Nature’s View Four, with recommended conditions; Approval of final plat for Lincoln Ponds First Addition, with recommended conditions; Approval of Highwoods Third Addition, with recommended conditions; Acknowledgement of withdrawal of Ernst request for CUP; Approval of Resolution 04-13-99/3, granting Conditional Use Permit #99-2 for Central Fire Station and approval of Site Plan & Landscaping Plan with recommended conditions; Approval of Resolution 04-13-99/4 Vacation of Easements between Lots 2 and 3, Block 1, Crow River Industrial Park, Third Addition, and Combination of Lots 2 and 3, Block 1, Crow River Industrial Park, Third Addition; Approval of Resolution 04-13-99/5 granting Conditional Use Permit #99-3 for Outside Display and Sale and Site Plan for International Antiques on Lots 2 & 3, Block 1, Crow River Industrial Park, Third Addition; approval of final plat for Maple Ridge Estates Fourth Addition, with the conditions recommended; approval of Interim Use Permit for Robert Schmidt to operate a commercial outdoor recreation area at 3740 Gabler Avenue NE on May 1-2, June 19-20, July 17-18 and September 11-12, 1999, with the conditions recommended; Approval of final plat for The Preserve West Third Addition, with the conditions recommended; Acknowledgement of receipt of Concept Plan from Arcon Development for the Jeremy Zachman North 40 acres; Approval of a building permit for Sue Illies, 35 – 2nd Street SE to construct a two-car garage on a nonconforming residential parcel in a Commercial Zone, because it will improve the livability of the home and meet the required setbacks; and acknowledgement of open house date for residents within the Land Use Study Area on May 19, 1999 at 6 p.m., with a formal presentation at 7 p.m. All voted aye on the consent motion.

Planning Commission Discussion Items: Greg Vetsch Appeal to Denial of Variance for Holding Tank at 8993 – 30th Street NE. Administrator Derus explained Greg Vetsch had requested a variance to install holding tanks on his small parcel on County Road 35, which is planned and zoned A-2, Rural Residential. Most of the parcel is covered with either the storage building or pavement, so that it could not logically accommodate a standard ISTS. The existing building is an accessory use without a principal structure, thus making it a nonconforming use in the A-2 District. It could be considered a commercial/industrial use, which is not permitted in the A-2 Zoning District. The Planning Commission interpreted the ordinance that the non-conforming use could continue, but to put in a holding tank would be extending or expanding the nonconforming use. They denied the variance because of the nonconforming nature of the property, and the belief that allowing holding tanks would change the use of the building and increase the non-conformity of the site. They also did not feel a “hardship” was shown. Derus explained Vetsch chose to appeal that denial and staff felt it could very well go either way. The applicant, Greg Vetsch, stated he uses the building for storage. He said it has running water, so he would like to take advantage of that and add a bathroom, rather than to have to run to town. Attorney Lenhardt felt this did not necessarily have to be interpreted as expanding the use; however, he recommended if the council was inclined to consider the variance, some kind of a security should be required to make sure the tank was maintained, as well as some kind of monitoring. There was discussion among the council, followed by a motion by Council Members Duerr/T. Hagerty to ask the attorney to prepare favorable findings of fact based on discussion, for the council to adopt, and to also prepare an agreement for the applicant to sign with regard to escrow for maintenance of the holding tank. All voted aye.

Ordinance Revisions. Administrator Derus explained the ordinance revisions recommended by the Planning Commission. The first was to the sign ordinance to consider a definition and provision for Message Sign. The school district had expressed an interest in constructing a sign at the new Middle School similar to that at the High School. The current ordinance would not allow such a sign. The second amendment was proposed to allow Architectural standing-seam metal panels for accents and roofs only in commercial and industrial zoned areas. The last ordinance considered by the Planning Commission was for the establishment of a tree preservation ordinance. Council Members Eggert/Duerr moved to direct the Attorney to prepare an ordinance to incorporate these proposed changes in the city’s Zoning Ordinance. All voted Aye.

Public Hearing – Consideration of Sanitary Sewer and Water Improvement for Lenz Estate and Hillwood Park Additions Area. Mayor Kessler opened the Lenz Estate Hillwood Park Additions Area public hearing at 7:32 p.m., explaining the public hearing procedure. He then turned the meeting over to Engineer Peter Raatikka of Hakanson-Anderson, who gave a brief history of the neighborhood meetings held and information presented with regard to the proposed sanitary sewer and water improvement project. Raatikka then asked his associate Jim Johnson to give a more detailed report on the specific project proposal. Johnson had handouts to share with the audience which had the same figures that had been presented to them at the last neighborhood meeting on March 4, 1999. Johnson reviewed the various alternatives that had been presented and the costs associated with each. He also showed the preliminary proposal for the proposed lateral watermain and the proposed sanitary sewer lateral and how it would relate to the proposed Hanover sanitary sewer interceptor. He then outlined costs and how they would break down for a typical 230’ lot. This came to $4,903.47 for the sanitary sewer lateral, $493.49 for the 4” Service Stub, estimated $115 for connection to the Hanover Interceptor, $1,080 for connection to St Michael’s Wastewater Treatment Plant; approximately $4,903 for the lateral watermain, $586.52 for 1” service stub, $1,300 connection fee, and $5,391, restoration costs, as well as $173.59 for bituminous overlay for a total projected cost of approximately $18,946.

Mayor Kessler next outlined the procedures for taking public testimony, indicating that anyone wishing to speak should be recognized, give their name and address, and try to limit their remarks so as not to repeat the same questions or information and to give others the chance to speak.

Dave Houston, 2575 Lambert Avenue NE – said he would like to know all the costs, including connecting to the home – out of pocket costs. It was suggested plumber costs might be decreased slightly if several neighbors went together. Septic abandonment was another cost to consider.

Tim Tigue, 11166 – 26th Street NE, asked – Are we here to get our opinion or vote? It was explained the Council was looking for input from the citizens and the council would vote. It was also suggested if people have changed their minds either way, they should speak. Administrator Derus indicated approximately ½ of Lenz and about 2/3 of Hillwood Park had shown an interest in the past. He also explained the difference between a required 4/5 or simple majority vote by the council.

Mike Julson, 11171 – 25th Street NE, said his wife signed the petition, but he wanted his name taken off. He said there were some new systems in Lenz addition, he had put in a water treatment system, and it looked like the line was running right through his yard.

Mary Beth Carlson, 2460 Lambert Circle asked for a clarification if the line coming through the subdivision was the same 8-inch size as the line coming into the subdivision – Affirmative. She wondered if she could connect to the line out the side of the house. Also affirmative.

Jay Carlson asked to clarify the one survey on which some indicated an interest in looking at project costs – not that they were favorable in proceeding with the project – just take the initial step.

Pat Fournier, 2455 Lachman Avenue NE said she understood the petition was for the study only.

Glen Etheridge, 2361 Lachman Avenue NE, asked about being charged for two lots, and it was explained he could decide if he wanted two service stubs. Although he said his second lot was unbuildable, Jim Johnson said it is a plated lot, so should be able to be developed. It would have to be declared unbuildable due to being classified as wet lands or some other reason.

Bill Vetsch, 2451 Lachman Avenue NE, said at this time he did not think they were interested. He said they were forced to put in a new septic system a few years ago, and they do not have an alternate. He felt there was some misinformation – that the city digested the first survey differently from the way the residents intended. Jim Johnson clarified the process and the original letter with survey for the audience, including some of the 429 process. He said the amount of the project can be reduced through the process, but it cannot be expanded. That is one reason the report will often start toward the top and several alternatives can be presented. He indicated the City is not looking to push this on anyone. Mayor Kessler said the Council was looking for a balance and they truly were not trying to push the project on anyone. Vetsch thanked staff for the clarification of some misunderstandings.

Bob Helgeson, 11126 – 26th Street NE, asked if this was the final vote. The 429 process and the steps to be taken were explained, with the next step if the process goes forward to be to authorize preparation of plans and specs. Basically, the project could be stopped at any time up to when the bid is accepted and contract awarded.

Kevin Eull, 2424 Lambert Avenue NE, asked about frontage and how that would affect people with large or corner lots like him. The per unit basis for water and sewer was explained, with a front footage on streets. It was also pointed out that it was expected to put utility lines within the right of way, and that it would be attempted to save all trees that could be saved. It would be necessary to get some temporary construction easements, but utility lines would go in the right of way as much as possible