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HomeMy WebLinkAbout1992 [09] Sep 17 September 17, 1992 Pursuant to due call and notice thereof, the City Council for the City of st. Joseph met in regular session, on Thursday, September 17, 1992 at 7;00 p.m. in City Hall. MEMBERS PRESENT: Mayor Steven Dehler; Members of the Council Leo Sadlo, Ross Rieke, Bob Loso, Stephanie Hazen. Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: City Engineer Joe Bettendorf, City Attorney John Scherer, Elmer Przybilla, A1 Mohs, Ro11ee Mohs, Kevin Schirmers, Nick Froeh1e, Arnie Lauer, Roman Spanier, A. Todnem, Randell Schuh, Kevin Rocheleau, Stuart Goldschen, Dale Salo, Township Supervisors Joe Bechtold, Jerome Salzer, Bernie Schloemer, Township Clerk Ann Reischl. 91ST AVENUE SEWER PROJECT: The Mayor called the meeting to order at 7:00 p.m. and opened the informational meeting for the 91st Avenue Sewer Project. Joe Bettendorf presented information to the property owners, on unit costs per home, with several options. The general consensus of the property owners, was to replace trees on the two properties that are losing the trees, namely Rocheleau and Schuh, as part of the project. Also included in project costs, would be application of black dirt and rough raking. The property owners were in general agreement that they would be responsible for sodding or seeding, and fine raking (that which can be done by hand), in order to reduce the project costs. All in attendance were comfortable with this arrangement. The Counc i 1 was in agreement that because the property has been annexed the City will take over the street lighting of the annexed property, and will check the ordinance for the time frame when the residents are required to hook up to city sewer. Loso made a motion to approve a Resolution Declaring cost to be Assessed and Ordering Preparation of Proposed Assessment, which establishes the assessments at eight percent, for 15 years, for the 91st Avenue Sewer Project, and to finance it in house, unt i 1 the costs can be included in a bond issue with another project; seconded by Hazen. Ayes: Dehler, Sad10, Rieke, Loso, Hazen. Nayes: None. Motion carried. Hazen made a motion approving a Resolution for a Hearing on Proposed Assessment for the Sanitary Sewer project for 91st Avenue, to be held on November 5, 1992, at 7:00 p.m.; seconded by Sadlo. Ayes: Dehler, Sad10, Rieke, Loso, Hazen. Nayes: None. Motion carried. Sadlo made a motion to close the informational meeting; seconded by Loso. Ayes: Dehler, Sad10, Rieke, Loso, Hazen. Nayes: None. Motion carried. Mayor Dehler opened the regular meeting. Page 2112 September 17, 1992 AGENDA: Hazen made a motion to approve the agenda with additions; seconded by Loso. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. MINUTES: Sadlo made a motion to approve the minutes of the September 1 , 3, and 10th meetings; seconded by Loso. Discussion - Hazen requested corrections as follows: September 1 meeting: 6th paragraph, 3rd line - "They discussed that the City send out Requests for Proposals for the 1992 audit to several auditors; " 7th paragraph - "Counc i 1 generally agreed to include an introduction statement that although items are included in the budget, if the revenue is not available the Council wi 1 1 reconsider the needs of the City as budgeted, City policy that all items over $50 need Council approval will prevail, Capital outlay purchases may not be approved until August of the budget year. " September 3 meeting: page 2107 - the paragraph, change to read, "After discussion of a bill for work done in the Baseball Park and associated bills, Rieke agreed to establish a working relationship with the st. Joseph Baseball Association, and clarify the requirements and policy of the City. " page 2108 - DBL LABS AREA ANNEXATION AGREEMENT: include in Items of concern, "future growth dollars. " MINNESOTA STREET: delete the duplicated "the" in the first 1 i ne . September 10 meeting: page 2110 - include the legal description of the area to be annexed. page 2111 - 3rd paragraph include "Discussion - Loso and Hazen requested updated salary and wage information from last year'. Also Ross Rieke's name was omitted from the MEMBERS PRESENT: of September 10th meeting. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen, Nayes: None. Motion carried. 91ST AVENUE SANITARY SEWER IMPROVEMENT: Hazen made a motion to approve the low bid of s, J. Louis of $38,168.50 for the 91st Avenue Sanitary Sewer Improvement project, as recommended by Joe Bettendorf, City Engineer; seconded by Sadlo. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Mot i on cart~ i ed. WATER MAIN: Counc i 1 discussed the allowance of S. J. Louis to defer payment on the Alternate "B" bid of water main on Minnesota Street from 1st Avenue East to 4th Avenue East, should the city reconsider doing it. Sadlo made a motion to not have new water Page 2113 September 17, 1992 main installed on Minnesota Street from 1st Avenue East to 4th Avenue East, since Minnesota Street west to Park Terrace will be done next year with the County Minnesota Street Improvement; seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. TREASURER'S REPORT: Hazen made a motion to approve the August Treasurer's Report; seconded by Sadlo. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. BILLS PAYABLE: Hazen made a motion to approve the bills payable as presented; seconded by Rieke. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. STREET LIGHTS: Dale Salo appeared to present a street lighting plan for Northland Addition. Loso made a motion to approve the plan as presented; seconded by Sadlo. Discussion - Hazen asked if the City had agreed to wait until houses went in the Addition. Sadlo and Loso stated that there are several homes already constructed. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. Mr. Salo asked on a road which the developer of Northland had constructed. It was built for access for construction vehicles. Now the roadway has been blocked off. The City has an easement for it. Dale asked who should maintain it. The Council discussed that the road is not in the City limits, nor is it build to City standards. The Council will check with the attorney. COUNCIL REPORTS - LOSO: 1) There has been vandalism at Millstream Park shelter. Considerations to control vandalism are being discussed with the Rec. Association. 2) The Rec. Association feels need of a large producing well at Millstream, and possibly do cost sharing of the project between, the City the Lions, and the Rec. Association. SADLO: During the installation of the new water main and associated new services, several water leaks were discovered. ANNEXATION AGREEMENT WITH ST JOSEPH TOWNSHIP: The Council discussed a proposed annexation agreement with st. Joseph Township which would provide sharing of tax revenue from the DBL Labs annexed area. All the property will become City property. They also discussed a portion of the agreement which provided for subsequent annexations of the Township of a parcel bounded by County Road 133 on the south and bounded by the City limits on the west and north. The Township shall receive a portion of the tax revenue equal to the amounts in the agreement for ten years, based on the tax revenue of the year of annexation. The City felt that several agreements of different terms could be in operation at the same time. The Township Supervisors stated that they were ta1king Page 2114 September 17, 1992 merger at the time DBL Labs needed to annex immediately, They felt the agreement is to deal with an immediate problem, and that the parcel address would come in as one parcel, The Council generally agreed that if one property of the parcel needed to be annexed, the City would annex the whole parcel, so there would be only one agreement. The parcel contains property owned by Warnert, Wasner and Koenig. The Township Supervisors stated that if there are changes to the agreement which they approved, they would not be able to approve the agreement u nt i 1 their next meeting. They also requested that the Township of st. Joseph be on Certificates of Insurance as an additional insured, on construction agreements, unt i 1 annexation is f i na l. Hazen made a motion to approve the Agreement Regarding Annexation and A Joint Resolution Regarding Annexation, with corrections, and changes, as the Township has presented, which would al low the annexation of the fol lowing described property: That part of the South Half of the Southwest Quarter of Section 2 and that part of the Southeast Quarter of the Northeast Quarter and the Northeast Quarter of the Northeast Quarter of Section 10 and that part of the Northwest Quarter of Section 11, Township 124 North, Range 29 West of the 5th Principal Meridian, Stearns County, Minnesota, described as follows: Beginning at the north quarter corner of said section 11; thence southerly along the east 1 i ne of said Northwest Quarter of Section 1 1 to its intersection with the northerly right-of-way 1 i ne of the Burlington Northern Railroad¡ thence westerly along said northerly right-of-way 1 i ne to its intersection with the west 1 i ne of said Southeast quarter of the Northeast Quarter of Section 10 ¡ thence northerly along the west 1 i ne of said Southeast Quarter of the Northeast Quarter, a distance of 708.08 feet , more or less to the northwest corner of said Southeast Quarter of the Northeast Quarter¡ thence northerly along the west 1 ine of said Northeast Quarter of the Northeast Quarter, a distance of 331 .58 feet¡ thence easterly, par all e 1 with the south line of the Northeast Quarter of the Northeast Quarter of said Section 10, a distance of 260.20 feet¡ thence southeasterly deflecting to the right 50 degrees 13 minutes 59 seconds, a southeasterly deflecting to the right 50 degrees 13 minutes 59 seconds, a distance of 755.93 feet to the center 1 i ne of Stearns County Road Number 133¡ thence northeasterly along said center 1 i ne to its intersection with the east 1 i ne of said South Half of the Southwest Quarter of Section 2 ¡ thence southerly along the east 1 i ne of said south ha If of the Southwest Quarter of Section 2 to the point of beginning, Together with NEU ADDITION, stearns County, Minnesota, according to the recorded plat thereof. The motion was seconded by Sadlo, Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. Page 2115 September 17, 1992 The meeting was recessed at 9:20 p.m. The Mayor reconvened the meeting at 9:35 p.m. Joe Bechtold, Township Supervisor, stated that their attorney is drawing up an agreement between the City and the Township, to address snowplowing on 7th Avenue and on 91st Avenue. COUNCIL REPORTS - RIEKE: 1) He talked to Pat Schneider of the st. Joseph Baseball Team, and Pat agreed to talk verbally with the Counc i 1 on occasion. Loso made a motion to approve the purchase of a homeplate, at $52.95, for the Baseball Park, to replace the one that was stolen. The motion was seconded by Sadlo. Discussion - Hazen questioned why not wait until spring to purchase the base. Loso stated they probably want to be prepared for the season in the spring. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. Loso made a motion to pay for the homeplate out of the Memorial Park Improvement Fund; seconded by Hazen. Discussion - This is under the deductible of our insurance coverage. Ayes: Hazen. Nayes: Dehler, Sadlo, Rieke, Loso. Motion failed. HAZEN: 1) The Planning Commission met with Fred Sandal, and went over the first draft of the Comprehensive Plan. There were several changes. Hazen also discussed a letter from the management firm, Admired Properties, Inc. on the Four Seasons Estates (formerly the Eight Plex), which was presented by Linda Viehauser, on providing notice of complaints. Also, Linda is going to try to set a meeting of the st. Joseph Landlords Association. 2) Hazen also stated that Jean Gustin is essentially full time now, with 20 hours per week as Police Officer and 20 hours per week as police secretary. She would like to be eligible for benefits, particularly health insurance. Loso made a motion to accept Jean Gustin's two part time jobs as full time status for the purposes of employee benefits, with medical benefits to start as soon as she can be covered by the health insurance carrier; all other benefits will start January 1 , 1993. The motion was seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. POLICE CHIEF REPORTS: Counc i 1 reviewed the written Police Chief report. The Council supports police activity to uphold to law. The Mayor extended the meeting one half hour at 10:00 p.m. MAINTENANCE EMPLOYEE: Edwin Merkling was offered the new position in the maintenance department, but turned down the position. The position was then offered to Michael Sworski. Loso and Hazen felt that Administration and Public Works were not authorized to offer the position to him, as the Council had not set an order to the Page 2116 September 17, 1992 applicants that were interviewed. Rieke made a motion that based on a previous understanding he concurred that vote tallies went in order to Edwin Merkling, Michael Sworski, Ralph Traut. The Counc i 1 offers the position to Michael Sworski, based on Edwin Merk1ing refusing it, The motion was seconded by Hazen. Discussion - Loso would like to consider Paul Christensen for the position. Ayes: Dehler, Rieke. Nayes: Loso, Hazen. Sad10 abstained. Motion failed. Dehler made a motion to offer the position to Michael Sworski, based on the recommendations of the Hiring committee; seconded by Rieke. Discussion - Dehler stated that the three applicants had passed two tests and an interview with the Hiring Committee. The Hiring Committee, had picked these three from 99 app1 icants, and this decision is based on their recommendations. Ayes: Dehler, Sad10, Rieke. Nayes: Loso. Hazen abstained. Motion carried. QUESTION FOR BALLOT: Hazen presented information for the informational fact sheet to educate the public on the ballot question issue. Counc i 1 requested that ballot question information issue be placed on the next agenda. Loso made a motion to send the information to the residents in a mass mailing, when it is finalized, and to get a bulk stamp for the City. The motion was seconded by Hazen. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried, TRUTH IN TAXATION INFORMATION: Counc i 1 requested that this issue is placed on the next agenda old business. Hazen presented the comparisons she wished for the hearing. ASSESSMENT RELIEF AND ADJUSTMENT REQUEST: The Council considered the request of Bud Reber for a $200 credit or rebate on the Baker Street assessment, because he has paid taxes and assessments on 75' frontage and actually has only 68.74' . Loso made a motion to deny the request because it could cause problems with this assessment and future assessments. The motion was seconded by Hazen. Discussion - All property owners for each assessment must be treated alike. Sad10 felt the City would be justified in making the requested payment. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen, Nayes: None. Motion carried. Dehler made a motion to cut a $200 check to Bud Reber for being overcharged for street, curb and gutter, sewer and water assessments, on Mr. Reber , s documentation to the City of the overcharge, up to $200; seconded by Rieke. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. CAPITAL OUTLAY REQUEST: Rieke made a motion to allow a bid of $2,800 for a 1970 Ford C-600 t i 1 t cab 1 ,000 gallon tanker truck, Page 2117 September 17, 1992 I to replace the old unit, to be used for flushing sewers and flooding skating rinks. The motion was seconded by Sadlo. Discussion - a budgeted item. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. Hazen made a motion to have Judy Weyrens come to one meeting a month to present the bills and Treasurer's Report; seconded by Rieke. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. DBL LABS PROJECT: Joe Bettendorf and John Scherer discussed that a Chapter 429 hearing may be needed, to assess benefitting properties. Loso made a motion to approve a resolution to authorize the Clerk/Administrator to set a hearing date of October 15, if necessary; seconded by Hazen. Discussion - proposal is to assess and defer until sewer is hooked up. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. WIDEN SIDEWALK: Joe Bettendorf discussed with the Council a proposal to widen the sidewalk on First Avenue NW by the City Hall and American Legion. Loso made a motion to approve widening the sidewalk so that the curb lines up north and south, and so that I power poles are out of the street, at a cost of $4,301.75; seconded by Sadlo. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. ADJOURN: Hazen made a motion to adjourn at 1 0 : 30 p. m. ; seconded by Rieke. Ayes: Dehler, Sadlo, Rieke, Loso, Hazen. Nayes: None. Motion carried. Q Rachel Stapleto Clerk/Administrator I Page 2118