Loading...
HomeMy WebLinkAbout02-01-07 February 1, 2007 Page 1 of 8 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, February 1, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Steve Frank, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola, Public Works Director Dick Taufen, Police Chief Pete Jansky Others Present: Gary Donabauer, Quentin Donabauer, Randy Broda, Jerry & Bernice Heim, Joe & Joanne Bechtold, Maritime Woida, S.T. Schuler, Jim Sand, Jamie Thelen, Gordon & Shirley Hove Approve Aqenda: Symanietz made a motion to approve the agenda as presented; seconded by Rassier. Discussion: Rassier questioned the Pay Applications for the Centennial Park Project and the Hill Street Project and whether or not the projects were complete. Wick stated that the Centennial Project is not yet complete as they still have some painting to do. Weyrens added that this is not a final payment for that project. Tracy advised Rassier that the Hill Street Project is not yet complete as there is still one item that needs to be resolved and that will be addressed this spring. She added that this is not the final payment for that project either. Rassier then questioned whether there will be any alcohol served at the 8t. Cloud Heritage Quilters raffle. Weyrens stated that the request before the Council is a gambling event permit and it is not anticipated that alcohol will be served. The motion passed unanimously. Consent Aqenda: Wick made a motion to approve the consent agenda as follows; seconded by Symanietz and passed unanimously. a. Bills Payable - Approve Check Numbers 38368 - 38409 b. Minutes - Approve the January 2007 Minutes c. Gambling Application - Accept the Lawful Gambling Application for the Stearns County Thundering Toms for an event to be held at the Trobec's Event Center on March 30, 2007. d. Gambling Application - Accept the Lawful Gambling Application for the St. Cloud Heritage Quilters for an event to be held at the College of St. Benedict on October 6th and 7th, 2007. e. Application for Payment - Authorize the Mayor to execute Payment Application #11 for the Water Treatment Facility and authorize payment to JT Jones in the amount of $ 220,135.30. f. Application for Payment - Authorize the Mayor to execute Payment Application # 9 to RL Larson Excavating in the amount of $ 3,706.90. g. Application for Payment - Authorize the Mayor to execute Payment Application # 4 for the Centennial Park Improvement and authorize payment to Gohman Construction in the amount of $ 9,410.00. h. Gambling Application - Accept the Lawful Gambling Application for the St. Joseph Volunteer Firefighters for an event to be held at the Trobec's Event Center on April 13,2007. i. Non Union Employees - Accept the recommendation of the Personnel Committee finding the reviews of the non-union employees satisfactory, thereby accepting the 2007 Compensation. j. Compensation Study - Authorize Springsted to complete a Fire Department Organization and Compensation Study as recommended by the Fire Board at a cost of $ 7,500. Public Comments to the Aqenda: No one present wished to speak. February 1, 2007 Page 2 of 8 2007 Improvements - Public Improvement Hearina: Mayor Carlbom opened the public hearing and stated the purpose of the hearing to consider the making of the following improvements: Properties abutting Jade Road and County Road 121-lmprovements to include street, curb, gutter, utilities, trail and turn lanes; Properties abutting Iverson and 3rd Avenue SW - Improvements to include turn lanes on County Road 121. In addition to Jade Road the City will consider the making of the following improvement: Hollow Park Storm Water improvement: replacing a section of the storm sewer between Cypress Drive, east along CR 75; Transportation Studies: North east/west corridor and the Southwest Beltway. The improvements proposed are pursuant to Minn. Stat. 99429.011 to 429.111. The estimated cost of the improvement is $2,900,000. Carlbom stated that the hearing will consist of three phases: 1. The City Engineer will present the project scope, schedule and assessment 2. The hearing will be opened for questions from the public 3. The Council will have an opportunity for discussion Due to a publishing error, the public hearing will be continued on February 15, 2007. A decision on the improvements will not be made at this meeting. Carlbom also reminded those present that this meeting is not to discuss the proposed assessments, rather if the improvement should be completed. Affected property owners will have the opportunity to discuss the assessments at the public hearing that will be scheduled later. Mayor Carlbom turned the floor over to City Engineer Tracy Ekola. Ekola stated that the 2007 Jade Road Improvements are needed due to the construction of the new school. It is anticipated that District 742 will begin construction in May of 2007 with substantial completion July of 2008. The proposed improvements will include: · New Jade Road alignment with turn lanes, curb and gutter, sidewalk and storm sewer · Stormwater pond west of the New Jade Road alignment · CR 121 turn lanes at Jade Road and Iverson Street · CR 121 trail and trail lighting from Iverson Street to Jade Road · 15 inch sanitary sewer and 12 inch water main from CR 121 Lift Station to School property Ekola advised the Council that the turn lanes at Iverson are being constructed at this time due an agreement made with the Developer of the Morningside Acres 2"Cl Addition. She added that those properties to the West will be assessed for that portion of the project when they are developed. Ekola stated that the projected costs are based on estimates and that the final costs will be determined after the bids are received and they receive final construction costs. Those costs are as follows: Sanitary Sewer Water Main Stormwater Improvements Streets, Curb & Gutter, Sidewalk along Jade Road CR 121 turn lanes at Jade Road CR 121 turn lanes at Iverson Street CR 121 trail and trail lighting 489,392.51 542,772.98 151,049.28 507,799.99 193,126.86 136,449.29 224.095.44 2,244,686.35 The projected funding for the project is as follows: Arcon Development 1,718,191 ISD 742 390,046 Sand Company 60,038 City Funds 76.412 2.244,687 Carlbom questioned whether or not there was any concern from either Arcon or the School District as to the costs associated with the project. Weyrens responded that both the School and Developer have been involved in the process and are aware of the projected costs. Wick questioned how the City can be sure that they will receive the funds from both Arcon and the School District. Weyrens advised the Council that the City will request a letter of credit from both for 80% of the total assessment costs. The letter of credit February 1, 2007 Page 3 of 8 is accepted only as drafted by the City Attorney. Frank questioned the number of years that a project is assessed for. Weyrens advised him that for residential projects, they are assessed over 15 years; however for new development, they are assessed over 5 years. Ekola added that they plan to have substantial completion by November 2007 and final completion in July 2008 with a bid date in late May. Carlbom opened the hearing to the public. Jim Sand, Sand Companies, approached the Council to speak in opposition to their projected assessments. He stated that he is concerned with the number as presented as in September of 2004 Sand Companies paid $ 40,065 for the construction of the turn lanes. They were required to escrow that amount per the Developer Agreement and the cost was based on an engineering estimate. It was stated that the turn lane was not constructed in 2004, as at that time they would have been required to pay the entire amount; whereas now those costs can be split with future development. Sand stated that they couldn't find anything in the developer agreement to state that they are obligated to pay more than the amount escrowed in 2004. He is concerned with the increase, as he does not want to open Sand Companies up to future costs based on market increases. Carlbom questioned Ekola as to the methodology for determining the cost sharing of the turn lanes on Iverson. Ekola stated that the 2004 estimate was prepared based on current product and material prices. Over the past two years their has been a significant increase in bituminous and aggregate. The increased cost is based on current pricing. Ekola reminded those present that the proposed assessment roll is only an estimate and the final assessment will be prepared on the final bid price. Therefore, the price could be reduced. With regard to the cost sharing, it was first determined what property would benefit from the construction of turn lanes. CR 121 is a County Road and the turn lanes are required for accessing CR 121. All the developable acreage was identified and using the current development rate of 2.2 homes per acre an apportionment was determined. Based on Sand's concern regarding the open-endedness of the project costs, Carlbom questioned what would happen if the project is not completed at this time. Ekola stated that prices will probably continue to increase. Weyrens added that everyone was aware that this project was going to happen and the costs were discussed based on estimates not final numbers. Sand Companies had the opportunity to construct the turn lanes at the time of development and enter into a recapture agreement with the City or escrow the funds based on estimates. Sand then stated that he they were originally told that this would be a County project rather than a City project and in his opinion they did not have the option to construct the turn lanes. Ekola advised Sand that it is cost-effective to do this project along with the Jade Road Improvements. Carlbom added that the County is involved, but this is primarily a City project due to the School. Further, Ekola stated that the County must approve any projects that affect CR 121 as it is a County Road. Sand concluded by stating that they feel that they have already paid for these costs and future development should be assessed the additional costs. Randy Broda, approached the Council to question why they are being assessed. Weyrens advised Broda that he owns property adjacent to the project location that could be developed in the future. She stated that there will be a charge-in-lieu of assessment that will be applied to that property and will be collected if the property is ever developed. Carlbom advised Broda that he will benefit from the improvements if the property is developed. Broda then questioned what can be done with that piece of property. Weyrens and Carlbom advised him that the Comprehensive Plan identifies his property as low density single family. Quentin Donabauer, questioned the Council what would happen if the land is not sold for a number of years. Weyrens stated that the City is proposing to establish a charge-in-Iieu of assessment which would be applied when and if the property is sold and/or developed. At the time of development and/or sale the charge in lieu of assessment is reviewed and the Ordinance allows the charge to be increased by the Engineering Index annually. The City will review the revised charges after the ENI is applied to assure that the charge is within market rates. February 1, 2007 Page 4 of 8 Carlbom reiterated that due to the publishing error the Council will not be taking action on the improvement hearing. Rather the hearing will be continued on February 15, 2007 at 7:05 PM. Symanietz made a motion to table to Public Improvement Hearing for the 2007 Jade Road Improvements until February 15, 2007 at 7:05 PM. The motion was seconded by Wick and passed unanimously. Frank questioned how the issue with Sand Companies can be dealt with. Carlbom stated that it would be best for Sand Companies to work with City Staff to come to a resolution. Minnesota Statute outlines a process for contesting an assessment. The contention occurs when the City conducts the final assessment public hearing. CITY ENGINEER REPORTS Storm Sewer Replacement: Ekola presented the Council with the final plans and specifications for the 2007 Hollow Park Improvements. The improvement will replace the existing 18" clay pipes starting at the west end of Old Highway 52 to the Watab Creek. The existing pipe is undersized and under-capacity. In addition a portion of the pipe has collapsed. The storm sewer replacement has been included in the five year Capital Improvement Plan, programmed for construction in 2007. It is anticipated that the project will be funded through the storm water utility. The project includes abandoning the existing line. The Council has previously approved the easements for the new line placement. According to Ekola, stormwater treatment is not required; however the project includes installation of manholes as required by the DNR. If future development occurs within the adjacent areas ponding will be required. The proposed improvement will not require street construction. It is estimated the project will cost approximately $175,000. With regard to financing, Weyrens stated the project will be financed over a five year period. The City will be asked to issue one bond which will include all the known 2007 Improvement Projects. Ekola proposed a bid date of March 6, 2007 with the bid being awarded within 60 days. Hopefully, the project can be started in Mayor June and the project should take approximately 1-1 % months to complete. Carlbom questioned if there will be any safety concerns with regard to open trenches. Ekola responded that trenches will be open during the day and closed at night. Wick questioned what would happen if one of the existing pipes caves in once it is abandoned. Ekola stated that the pipes are only 18" deep and the main concern would be structural damages to the property. The one section of pipe that will be abandoned under a structure is controlled by a previous easement agreement. This agreement clarifies that the City will relocate the Storm Sewer line and when it is abandoned the City is not responsible for removal of the same. It would be up to the property owner to take any necessary precautions. The Council requested that the property owner receive written notice of the project and informing them that the City will not be removing the abandoned line based on a previous agreement. Symanietz made a motion to advertise for bids for the 2007 Hollow Park Storm Sewer Replacement Project. The motion was seconded by Rassier and passed unanimously. 2007 Proposed Street Improvement Proiect: Previously, the City Engineer and the Public Works Director have reviewed the street system and identified the condition of the City Streets. Ekola advised the Council that portions of 8th, 9th, 10th, 11th and Able Streets are in need of repair. According to Ekola, these streets have gone past the stage where seal coating would benefit the streets. Due to the significant cracking, she is suggesting that this be done as a mill and overlay project. She did; however, mention that the curb and gutter are still in good condition. Rassier raised a few questions as to how certain properties would be assessed as this project would include some cul-de-sacs. Ekola stated that she would review the policy before preparing the proposed assessment roll. He also questioned 11th Avenue as it enters Klinefelter Park and how those costs would be assessed. Ekola stated that based on the current assessment policy those properties abutting 11th and Klinefelter Park will be assessed as a corner lot. Wick and Rassier suggested that the City also look February 1, 2007 Page 5 of 8 into repairing some of the areas in Klinefelter Park that are cracked. Wick suggested that those costs be presented to the Park Board for consideration. Wick then questioned how much bituminous surface would need to be removed. Ekola stated that the Feasibility Report wouid detail that information. Based on the condition of the streets, she stated that 8th and Able Street may be in need of a full reclaim; whereas the others may simply be a mill and overlay project. Frank questioned if there would be any utility work done at this time. Ekola stated that the pipes are not old enough for any utility work so the project will be limited to street work. Frank questioned if utility companies are made aware of street projects so they can perform routine maintenance when the street is opened. Ekola stated that the City notifies all utility companies whenever a project is completed. When questioned on the cost of the feasibility report, Ekola responded that the Feasibility Report would cost approximately $5,000 and that cost would be added to the assessments. Rassier made a motion to approve Resolution 2007-003 ordering the preparation of the report on improvement for the 2007 Street Improvement Project to include the Klinefelter Improvements. The motion was seconded by Wick and passed unanimously. PUBLIC WORKS DIRECTOR REPORTS Motor Grader Repair: DickTaufen, Public Works Director, approached the Council regarding major repairs to the Motor Grader. Taufen stated the City purchased the motor grader used in 1987. At the time of purchase the machine had 12,807 hours and the City paid $ 18,850. Today, the machine has logged 13,564 hours and the brakes are becoming spongy and should be replaced. Taufen stated that he received a quote to replace the brakes at a cost of $ 6,662. Carlbom questioned whether there were any repairs to this grader in the past. Taufen stated that the steering was repaired, costing approximately $2,100. Rassier stated that if budgeted funds are not ample to replace the brakes he may have to review the capital equipment list and push back one year the purchase of a piece of equipment. Frank made a motion to approve the brake repairs not to exceed $6,662. The motion was seconded by Wick and passed unanimously. MAYOR REPORTS APO Federal Fundina: Carlbom stated that recently the St. Cloud APO has adopted resolutions in support of the FY 2008 federal transportation appropriations priorities for the St. Cloud Metro Area as well as in support of State of Minnesota funding assistance for the Sauk Rapids Bridge project bond debt. They are asking each City to support the same resolutions. Symanietz made a motion to approve Resolution 2007-004 Endorsing St. Cloud Metropolitan Area Federal Fiscal Year 2008 Transportation Appropriations Priorities. The motion was seconded by Frank. Discussion: Wick questioned whether any of St. Joseph's projects made the list. Carlbom stated that those within the City of St. Joseph are in restricted areas and they did not meet the necessary criteria. The motion passed unanimously. Symanietz made a motion to approve Resolution 2007-005 Supporting State of Minnesota Funding for the remaining $6.8 million debt on the Sauk Rapids Bridge project. The motion was seconded by Wick. February 1, 2007 Page 6 of 8 Dicussion: Rassier questioned what would happen if the request for funding is not approved. Carlbom explained that the County has already bonded for that money; however this is a unique attempt at getting some funding from the State. The motion passed unanimously. North Corridor Fundina: Carlbom reported the APO has approved federal funding for the North Corridor Tier 1 EIS, contingent upon the City providing the local match. An additional $200,000 is needed to complete the Study which includes $140,000 federal funding and $60,000 local match by the City of S1. Joseph. Wick made a motion to approve the local match for the future Tier 1 Environmental Impact Study for the North Corridor. The motion was seconded by Symanietz and passed unanimously. AFSCME: Carlbom advised the Council that the Personnel Committee (Carlbom, Rassier, and Weyrens) met with representatives from AFSCME to discuss the implementation of the Springsted Study for both the City Staff and Maintenance Departments. He stated that he and the AFSCME Representative met with each union member individually to discuss the direct impact on each employee. Carlbom stated that there are some employees that are concerned, but overall; they are supportive of the implementation. He stated that the Union will vote on the implementation on February 7. If the implementation is approved by the membership, it will be presented to the Council for a vote on February 15. He concluded by stating that the transition will affect the way the employees are organized and may take several months to be fully implemented. COUNCIL REPORTS SYMANIETZ APO: Symanietz reported that she attended the Full Board Meeting of the APO. S1. Cloud Area Joint Cities Meetina: Symanietz thanked Sauk Rapids for the tour of their Fire Station. She stated that at this Joint Cities Meeting, both Steve Gottwalt and Dan Severson were present in an open forum type setting to discuss things happening at the Capital. WICK Downtown Committee: Wick stated that the Environmental Design Group has been working hard and have made good progress. Park Board: Wick reported that the Park Board met recently and discussed the updating of the existing park pavilion at Centennial Park. LMC Trainina: Wick reported that he attended a League of Minnesota Training Session to discuss Land Use and Conditional Use Permits. He will provide information to the Administrator for discussion at a later meeting. Area Cities Meetina: At the area cities meeting, there was some discussion regarding a new aquatic center in the S1. Cloud Area. Wick questioned whether or not he should attend those meetings. Carlbom stated that he would encourage Wick to sit on the committee and that he would like to see the aquatic center built in S1. Joseph. Rassier stated that not all regional projects need to be located in the City of S1. Cloud. RASSIER Gamblina Concerns: Rassier stated that he is concerned with the number of gambling applications that are being presented for approval. He would like to see better control on permits for events that are not benefiting the City. Wick stated that those who have premise permits in the City are required to give a February 1, 2007 Page 7 of 8 certain percentage to the City; however, that does not apply to the one-da~ exempt permits. Frank suggested that this issue be discussed at the Council workshop on the 15 . FRANK St. Cloud WWTP: Frank reported that he attended a meeting at which he was advised that St. Cloud is seeking a grant for a WWTP upgrade. School Prooram: Frank stated that he was informed of a St. Cloud Area Parent Legislative Team that parents in St. Joseph may want to join. Symanietz added that there is a link on the website for ISO 742. Smokino Ban: Frank stated that there will be a statewide smoking ban for all public establishments as the Governor already committed to signing off on that bill. Northstar: Frank reported that he attended a meeting at which they discussed the expansion of the Northstar to St. Cloud/Rice. CSAH 75 Sional: Frank reported that he received several emails recently regarding the possible signal light at the intersection of CSAH 75 and Northland Drive/4th Avenue SE. Weyrens advised the Council that she has been working with the County Engineer to determine when the light will be constructed as the City has already financed the improvement. Group Homes: Frank stated that he would like to see more discussion as to how group homes are placed within the City. ADMINISTRATOR REPORTS Police Policies: Weyrens stated that in the past, the Council has been involved in the updating of the Police Policies. She stated that in other area cities, these changes are reviewed by the Police Chief, City Administrator and City Attorney for legal purposes. She questioned whether or not the Council would like to continue to see the changes. Rassier, Car/bom and Frank all agreed that they would like to see the changes and they could be presented as consent items rather than discussion items. Market Research Study: As a result of the downtown initiative, the City has agreed to work with the College of St. Benedict to conduct a market research study to determine what types of businesses and services would be attracted to the downtown area. If a redevelopment project is to be successful, it is important to know what type of development to plan for. The estimated cost of the study was approximately $20,000. Two proposals were received and both of them were higher than the estimated cost. The Maxfield proposal came in at $35,000 and the McComb proposal came in at $38,000. After the two proposals were reviewed, it was agreed that McComb was the preferred consultant. They were then asked to drop their price to match that of Maxfield, to which they agreed. They were also asked to drop the Industrial component of the Study dropping the price to $32,000. Weyrens stated that the City has committed to funding $17,500, the St. Joseph Chamber will fund $2,500 and the College of St. Benedict has agreed to contribute $11,000. Since St. Ben's has agreed to leave the window open for more discussion on their contribution amount, the City will ask them to consider funding the shortfall which is $1,000. Weyrens also advised the Council that the City has applied for funding from Stearns Electric through the Round up Program. Frank made a motion to accept the proposal and retain the McComb group to prepare a market analysis as identified in the proposal. The motion was seconded by Wick. Discussion: Frank stated that based on his experience, self-selected surveys are not always the best source of data. He questioned who would be the project manager to which Weyrens advised him that MDG would be the project manager. February 1, 2007 Page 8 of 8 There was some concern as to how the two proposals were compared as they were done very different from one another. Wick stated that the Maxfield proposal was presented in a 1-2-3 format; whereas the McComb proposal was presented as a study evaluation. According to Weyrens, both were equal and gathered the same amount of information. Frank questioned the titles and content of the two as the Maxfield proposal seemed to focus more on the industrial portion. Carlbom stated that McComb has agreed to meet the Maxfield price. Frank also questioned the research that was done by the EDA. Carlbom explained that the EDA finished their Expansion and Retention Survey program; however, there was not a high degree of consistency with the program. Rassier questioned Weyrens as to what would happen if the College will not contribute the additional $1,000. Weyrens stated that if they will not re-consider their contribution and we do not get the grant from Stearns Electric, the City would need to re-allocate funds. According to Rassier, the Industrial portion of the Study will be completed as well; however, it will be done in-house rather than through a consultant. Due to the fact that there were two bids, Wick questioned whether the City is bound by bidding laws similar to when a street improvement project is bid. Weyrens stated that the bid laws are regulated by amount of the project. The City can request quotes for projects under $ 50,000 and base selection on the best-qualified quote. Ayes: Carlbom, Wick, Symanietz, Frank Nays: Rassier Motion Carried 4-1 Joint CC/PC Meetinq: Weyrens advised the Council that she is looking to schedule a Joint CC/PC Meeting on February 12 at 7:00 PM to discuss the Concept Plan and TIP Program for the Collegeville Development Group project downtown called Millstream Lofts. Weyrens stated that she would like to break the meeting into two sections. 1. CC and PC: to review and understand the concept plan. 2. CC: to discuss the possibility of using the TIP program for financing. She questioned whether the Council would like to have the TIF program presented at the meeting or whether or not they could have the background information provided prior to the meeting. Carlbom stated it would be best to provide them with the TIF background information prior to the meeting. Carlbom then questioned whether or not the EDA would be invited to the meeting as well. According to Weyrens, they would not be invited as they have already seen everything and they are recommending approval of the concept plan and use of TIF. Adiourn: Symanietz made a motion to adjourn; seconded by Frank and passed unanimously. /"j..( i '''< /UI>~ li'{(,(/ .-rG'dy ~eyreris " / ~ . tAdmin.ilstrator