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HomeMy WebLinkAbout2011 [06] Jun 02June 2, 2011 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, June 2, 2011 at 7:OOPM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Finance Director Lori Bartlett, Public Works Director Terry Thene, Police Chief Pete Jansky Others Present: Tom Klein, S. Kara Hennes, Chad Carlson, S. Paula Revier, Steve Torborg Mayor Schultz opened the meeting with an announcement. He stated that, due to his receding health, Acting Mayor Dale Wick will run the meeting. PUBLIC COMMENTS TO THE AGENDA Steve Torborg, 142 6"' Avenue NW, approached the Council and stated that is has some concerns about a waterline issue on his property. He has been working with staff on this for over two months. Wick advised Torborg that it will be discussed under Administrator Reports. Approval of the Agenda: Frank made a motion to approve the agenda with the following additions /deletions: Add 8e /f Graceview Estates & Special Meeting Request Add Bg Cable Access — Update Remove 4c Liquor Licenses — Moved for Discussion The motion was seconded by Symanietz and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda as follows: a. Bills Payable — Approve check numbers 044103 -044161 and EFT numbers 000537- 000542 (Payroll), 0001538 (Accounts Payable). b. Work Comp Insurance — Select a $2,500 per occurrence deductible and extend coverage to the City Council, EDA, Planning Commission and Park Board. c. Liquor Licenses — Pulled for discussion. The motion was seconded by Frank and passed unanimously. 4(c) — Liquor Licenses: Schultz questioned the Club License presented for the American Legion. He questioned whether or not they meet the qualifications. Weyrens explained that the City sent the Legion both the Club License and Off sale Liquor License application and they were asked to submit the completed application for the license for which they qualify. The Legion submitted their application for the Club License. Wick questioned Weyrens as to who regulates that to which Weyrens responded that the City is the licensing authority responsible for enforcement. Weyrens suggested that the Council invite a representative from the American Legion to the next meeting and ask them to present information showing them how they meet the qualifications of a Club License. Loso stated that he believes that they operate under the full liquor license. Frank made a motion to authorize the Mayor and Administrator to execute the On /Off Sale Intoxicating, Wine as requested by the license holders. The motion was seconded by Loso and passed unanimously. Public Hearing, Delinquent Accounts: Weyrens stated that the purpose of the hearing is to consider, and possibly adopt, the proposed assessment for delinquent City invoices. Adoption by the Council of the proposed assessment may occur at the hearing. June 2, 2011 Page 2 of 6 The proposed assessment role is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $3,335.31. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners, as it deems advisable. To date, Weyrens stated that staff hasn't received any objections. The proposed assessment includes 6 outstanding invoices, all of which are service related. Weyrens stated that staff is efficient in collecting fees and the City has a relatively low delinquent rate. Since the notice was printed, one account was paid. As a result, the amount listed on the public hearing notice is greater than the proposed assessment role as presented. Wick opened and closed the public hearing at 7:07PM as there was no one present wishing to speak. Frank commented that it was pointed out to him that if property is a holding of a financial institution, the bank is ultimately responsible for any outstanding charges. Bartlett advised Frank that she notified the property owners on record with Stearns County and added that some of those notified were financial institutions. Loso made a motion authorizing the Mayor and Administrator to execute Resolution 2011 -012 adopting the final assessment roll for outstanding invoices, adding a $40 certification fee to each assessment to accounts not paid in full by July 5, 2011. The motion was seconded by Symanietz and passed unanimously. Lumber One Avon. Request to Delay WAC /SAC: Chad Carlson approached the Council as the Land Developer Coordinator for Lumber One, Avon. Carlson stated the owner Ted Schmid has discussed the recent relief on payment for WAC /SAC fees provided to the developer for Rivers Bend Plan 2 and requested the same provisions. Carson stated that until recently, the City required all WAC /SAC fees to be paid in full at the time of building permit issuance. It is his understanding that the City allowed the developer of Rivers Bend 2 to only pay 1/3 of the WAC /SAC fees at time of Building permit issuance and the remaining balance is due before issuance or a Certificate of Occupancy or 12 months, whichever comes first. Carlson further stated that when the Council provided relief to one contractor it created an unfair advantage and Lumber One is looking for the same consideration. He stated that other cities have agreed to delay the payment of WAC /SAC fees until either the time of the issuance of the Certificate of Occupancy or within one year. Carlson is requesting consideration for all vacant lots in the Northland Developments. Loso stated that he does not see a problem with doing that, provided it is paid within one year. Frank added that he would like to see this be a City Policy, rather than the developers coming back to the Council to request the delay. Loso expressed his opinion that he would like each developer to come before the City Council to request relief than to approve a blanket policy. Schultz questioned whether this would need to be made a part of the developer agreement. Weyrens responded that it would not; rather it would be best to have it tied to the review of the fee schedule. Frank made a motion to approve the request of Lumber One Avon to delay the WAC /SAC fees for the remaining lots in the Northland Developments with on 113 of the WAC /SAC fee paid at the time of building permit issuance and the balance paid in full within one year or at the time of the Certificate of Occupancy, whichever comes first. Approval for delay of full WAC /SAC payment shall be applied to building permits issued through December 31, 2011. The Council will review the policy at this time to consider extension. The motion was seconded by Symanietz and passed unanimously. June 2, 2011 Page 3 of 6 The Council clarified that approval for the delay in WAC /SAC is only applied to Rivers Bend and Northland. In the event that other contractors are requesting the same provision, they must request such from the City Council. Each request will be considered separately by the City Council. CITY ENGINEER/PUBLIC WORKS REPORTS WaterTower Update: Sabart reminded the Council that, back in March, they discussed the suggested repairs to the water tower. The tower was last evaluated in December, 2006. He stated that time has passed since the initial evaluation of the tower and there is a chance that additional or advanced corrosion or wear and tear on the tower coating has occurred. Based on the 2006 analysis, Sabart stated that the wet well exhibited advanced corrosion; however, the outside was in good condition. Sabart added that, looking at the tower now, the exterior chalking has advanced and the coating is getting brittle. He stated that an adhesive test was done and it ranked at a 1. The range for adhesive to stick would be between 3 and 5. Sabart advised the Council that it is prudent to plan for the wet well but also plan for repairs to the exterior coating. He is recommending that the repairs to the bowl be delayed and an overall coating of the tower be completed in the next 2 -3 years. Bartlett stated that this has been in the CIP; however, it has been pushed up due to the delay of the new water tower. Frank questioned what the cost of the proposed repairs. Sabart stated that an estimated ballpark is $500,000. He then questioned if that would include the mural to which Sabart replied yes. Sabart stated that the duration for the repairs would be approximately 8 weeks. By planning for this now, it gives the City enough time to plan and coordinate the repairs. North Corridor Study Update: Sabart advised the Council that staff recently held a conference call with APO staff and SRF staff the completion of the North Corridor Study. The majority of the environmental work is completing and the study cannot move forward without approval from the Federal Hwy Administration. The Environment documents contain two components, the section west of CR 133 to CR 3 requires a scoping document. This segment of road is not anticipated within the near future and will have to be updated in the event of development. The road section east of CR 133 is more likely to develop in a short term. The City has previously agreed to fund the corridor purchase to preserve the right -of -way. The estimated cost of acquiring right -of -way is $1.5 million and that would be for the area to the east of County Road 133. This segment of roadway will require an environmental assessment. At this time, the APO is continuing working with FHA and MnDot to put closure to the study. County Road 2 Realignment: Frank asked for an update on the proposed alignment to County Road 2. Weyrens stated that the Stearns County Board will be the right -of -way at their next regular meeting. Approximately four (4) property owners have not accepted the land offers and the Engineer is requesting the Board move forward with the quick take process. By doing the quick take, that would allow the County to acquire title; however, there may be additional issues related to settlement. The Council still intends to bid the project this fall and some work may begin during the winter months as the new alignment does not include active traffic at this time. 16'h Avenue Improvement Update: Sabart advised the Council that he recently met with the Contractor and they began looking at concrete repairs. It is their intent to do some landscaping work within the next week. He stated that the contractor has communicated with the affected residents. He concluded by stating that the final lift will be completed in the next two weeks as well as repairing some driveways that have developed cracks since the construction. Dale Street — Repair: Thene explained to the Council that there is a portion of Dale Street that needs to be repaired due to the concrete heaving. 53' of curb and 3' of pavement 8' up a driveway will need to be replaced. This repair is necessary as it will be a plow issue this winter. Wick stated that the repair is needed in front of his house. The concrete heaved up about 4-4 1/2 ". Thene stated that the estimated cost of the repair is $4,000 which can be funded through the CIP by shifting the street sweeper project. He has scheduled this to be repaired next week. June 2, 2011 Page 4 of 6 Frank made a motion to authorize the expenditure of $4,000 for the repairs to Dale Street E. The motion was seconded by Symanietz and passed unanimously. ADMINISTRATOR REPORTS Sewer Ordinance: Weyrens advised the Council that, during the process of reviewing the St. Ben's Sewer Use Agreement, it was determined that the Sewer Use Ordinance was old and needed to be updated. She stated that the changes were so significant that staff is recommending repealing the current Ordinance and adopting a new Sewer Use Ordinance. Briefly, Weyrens stated that the current Ordinance talks about the different kinds of funds, definitions, etc which are already addressed in a different Ordinance. The new Ordinance would memorialize the process for which rates are determined, taking in to account the current billing practices. Frank made a motion to authorize the following: • Execution of the Amendment to Ordinance 43, Sewer Rate Ordinance, causing the same to be published • Execution of Resolution 2011 -013 Authorizing Summary Publication. The motion was seconded by Loso and passed unanimously. St. Benedict Sewer Use Agreement: Weyrens presented the Council with the final Sewer Use Agreement between the City of St. Joseph and the College /Monastery of St. Benedict. This is the same agreement the Council previously reviewed but the City was waiting to execute until St. Benedict forwarded two executed agreements. Since then, the agreement has been signed. The new agreement takes the old agreement and puts it aside. The new system allows for calculations to be based on actual flows of sewage. Meters have been installed and the City has been receiving readings. The agreement details each party's responsibilities. Previously, there was some concern about a clause in the agreement about needing approval from St. Ben's prior to changing the Sewer Rate Ordinance. Weyrens clarified that that only applies if the City were to amend the Sewer Rate Ordinance in a manner which is inconsistent with the Sewer Use Agreement. All parties agree that this is a fair agreement. Frank made a motion to authorize the Mayor and Administrator to execute the Sewer Use Agreement between the City of St. Joseph and St. Benedict. The motion was seconded by Symanietz. Discussion: Frank and Symanietz thanked everyone for all their work on getting this completed. Frank questioned what will happen if they build more dorms. Weyrens stated that all applicable fees such as Sewer Access Fees will be calculated and due and payable with the issuance of the building permit. The sewer use agreement applies only to property located west of CR 121 so the new dorms will have City water and sewer, billed as all other units in the City. Schultz questioned what happens if we need to go through this process again. Weyrens replied that all parties would meet to negotiate the differences and come to an equitable resolution. Hopefully the process would be shorter based on the terms of the new agreement. The motion passed unanimously. Assessment Policy: Weyrens advised that this item will be brought back at the next meeting. Easement Acknowledgement: Weyrens stated that she has been working with a property owner in the Clinton Village neighborhood that has an issue with a garage constructed over the water main that services the Hollow Park and Clinton Village Addition. The property owner has provided the City with a Permanent Drainage and Utility easement and has requested the City execute and record the document. The document has been reviewed by the City Attorney and he has advised against signing the document as the City assumes all liability for any damage. Further, the City could not authorize execution without first conducting a public hearing as the document is removing rights of a publicly dedicated easement. June 2, 2011 Page 5 of 6 In an attempt to help resolve the situation, Weyrens stated she stated that she has contacted an abstract attorney who handles such issues and was informed that if the City executed a easement acknowledgement certificate, the property owner should be able to avoid title issues. The agreement would acknowledge the structure is constructed over the water main and the City would not require the structure to be removed unless more than 50 percent of the building is destroyed. This method is a simple process with Council approval for the Mayor and Administrator to execute such an agreement. By executing the Acknowledgement of Easement, the City is assuming no liability. With regard to the liability of the City for a building permit issued in error, the City Attorney has indicated that case law supports that City's are not liable for building permits issued in error, carrying immunity. Loso made a motion to authorize the Mayor and Administrator to execute an acknowledgement of easement for the property located at 142 — 6th Avenue NW. The motion was seconded by Symanietz and passed unanimously. Graceview Estates & Special Meeting: Weyrens advised the Council that she received an email from a representative from the Graceview Estates Homeowners Association requesting a special meeting. It was noted that they have been meeting with several of the Council Members individually on the issue. The City has spent approximately $9,000 already and this was the first she heard that the terms of the agreement were not acceptable. Frank stated that he met with them. They advised him that they would like Stearns County present at the meeting as well. He added that parking seems to be one of the issues. According to Loso, none of these issues should be "issues" due to the fact that this was developed as a PURD. Weyrens explained that Liberty Point was handled the same way and the City has received almost all of the executed waivers and stated that we are almost ready to conduct a public hearing. According to Schultz, the City has bent over backwards to make them happy and they remain unhappy. He suggested gathering all of the documents and supplying them to them with a deadline. He added that the City doesn't need to do anything. At the last meeting, Symanietz was under the impression that Weick was to schedule the next meeting. It was suggested that a special working session be held at which the Council Liaisons report back to the Council on the process. The tentative date for the work session is June 23. Cable Access Update: Weyrens advised the Council that the computer in the Cable Access Room has a virus, thus the screen will be black for a while. MAYOR REPORT Schultz stated that, due to his health, attendance at meetings is day by day. As a result, he may need another Councilor to fill in for him at other meetings. COUNCIL REPORTS SYMANIETZ APO Full Board: Symanietz reported that she attended the APO Full Board Meeting. She advised the Council that there will be no meetings in June or July. At their last meeting, they reappointed the same officers. She stated that the Wobegon Trail is #5 on the list of trails for a possible study. They also listened to a presentation on complete streets. Complete streets are those that accommodate multiple modes of traffic. Joint City Meeting: Symanietz stated that she attended the Joint Cities Meeting at which they discussed the half -cent sales tax and the process for talking to the State Legislators for extension. They discussed cooperative efforts. Some cooperative efforts that the area cities have discussed include the Gang Strike Task Force, Seal Coating as well as talk of a regional compost site. She added that she will contact Richard Cousins of the Human Rights Office and request a presentation to be brought to the next meeting to provide an overview of the regional office. June 2, 2011 Page 6 of 6 luel-IC Park Board: Loso stated that the Park Board met and they discussed the proposed sidewalk extension along the alignment of County Road 2 bypass, but no decision was made as to whether or not they want to support the project. Reports: Loso questioned the Water Reports and the Police Reports. Weyrens replied that she would get that information to the Council. Compost: Loso stated that he recently used the compost site and was alarmed at the boundaries. Currently, we are encroaching on someone else's property and there is no place to go. He added that St. Cloud is interested in being a part of a regional compost site. Schultz added that Waite Park may be interested as well. FRANK Adhoc Transportation Group: Frank reported that the Transportation Group met, although some of the key people couldn't be there. The representative from Tri Cap is pleased with the ridership as it appears to be steady. In hopes of increasing awareness, Tri -cap will be sponsoring a transportation event offering free service within the City on June 9, 2011. In addition they will be hosting an open house on June 9, 2011 at the St. Joseph Community Fire Hall. It is unknown what impacts Legislative decisions will have on transportation and the budget for 2012. WICK EDA Update: Wick reported that he attended the SEDS Region 7W meeting in Foley. The purpose of the meeting was to review opportunities available through the Federal EDA and EDD and determine if any member has a project that would apply. Frank added that they have discussing the Farm to Market Initiative and stated that there will be an event for such. The purpose is to try and recognize agriculture. Upcoming Meetings: Monday, June 6 Planning Commission Monday, June 13 Joint Planning, St. Joseph Township Hall Adiourn: Symanietz made a motion to adjourn at 8:25PM; seconded by Loso and passed unanimously. WA ' AW1