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HomeMy WebLinkAbout1992 [10] Oct 01 October 1, 1992 Pursuant to due call and notice thereof, the City Oouncil for the City of st. I Joseph met in regular session, on Thursday, October 1, 1992 at 7:00 p.m. in City Hall. MEMBERS PRESENT: Mayor Steven Dehler; Members of the Oouncil Bob Loso, Stephanie Hazen. Clerk/Administrator Rachel Stapleton. Leo Sadlo was absent due to vacationing in Nova Scotia and Ross Rieke was absent due to other concerns. OTHERS PRESENT: Joe Bettendorf, Judy Weyrens, Tom Nahan, Sheila Nahan, Bill Challeen, Gladys Schneider, Donald Schneider, Cathy Salzer, Thomas Symanietz, Irene S~nietz, Kathy Lyon, Bud Reber, Tom Philippi, Rita Philippi, Pat Schneider. Mayor Dehler called the meeting to order and opened the Assessment Hearing for the Baker Street and 7th Avenue Improvement. He asked for questions and comments from those in attendance. Bud Reber stated that Arnold Eves 1 ages had requested that he speak for them. They requested that corrections be made to an area on Able Street and 7th Avenue, by their property which is low and has standing water when it rains. Joe Bettendorf stated that this happens when the grade fairly level and stonn sewer is not installed, but they could grind a strip of the surface down, to make the water flow. The negative is, it would diminish the appearance. Bud stated that they would appreciate a correction to it. Hazen made a motion to repair the low spot in front of Eveslages , I property; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. Sheila Nahan asked why the piece of property on Seventh Avenue which is in the Township was not assessed, and why it was not annexed prior to the job. Answer - Because we did not know it was not in the City, until the process was already started. In order to check all these things out prior to starting a project would be costly and delay projects. Question - Did this property increase the rest of the assessments, or did the City absorb it? Answer - The 50 foot property not assessed on 7th Avenue did not participate in the cost. If it were included it would lower the assessment costs per foot. Hazen made a motion to take into consideration the 50' lot in the township, reflecting it in the assessment of 7th Avenue, reducing the assessment from $18.13 to $17.59 per foot; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. Question - Also the 40 feet back yard on Baker Street which comes from a pie shaped property from Eastern Park, that was not assessed, because this property I is fenced and is the only back yard on it that does not have access by garages. Answer - Assessing back yards generally does not hold up in court, it is hard to show benefit on back yard, where on side and front yard benefit can be shown. Page 2119 October 1, 1992 I Gladys Schneider asked on prior assessment policy, to assess properties half way into blocks. When did this change? Answer - Court cases have detennined assessment policies, and this policy was in effect in the 1960's. Gladys Schneider asked if the city would consider establishing a fund through a taxation method so that there are no assessments for streets. They would be paid for through the fund. Joe Bettendorf stated that the State of Minnesota is considering establishing a transportation improvement fund to be allowed as a utility. Loso also stated that the League on Minnesota Cities discussed this at the regional meetings, and they are looking at establishing some type of program. The down side is that those that had already been assessed for improvements would be paying into the fund. The assessment proposal on Baker Street was what we felt was a reasonable rate stonn sewer would make the cost go up not reflect the stonn sewer and does not reflect if we assessed the whole way. Mayor Dehler read written comments fram District 742 Superintendent Ron Jandura, which discussed the following points. District 742 Board of Education wishes to appeal the Kennedy School assessment on the following points: 1. Included property was provided through an easement to the City of st. Joseph. Without this easement, the roadway (Baker Street East) could I not have been constructed. 2. Baker Street in no way benefits our school site. 3. Other adjacent property owners have had their frontage reduced based on "side lot" status. This should also be true of District 742's frontage. 4. The figure of 615.1 feet of frontage includes both frontage on the south side of Baker Street, as well as the west end of the street. The end of the street does not have a concrete curb and we are already assessed for the paving. The school district asked that all their assessments for this project be abated. Bill Challeen representing District 742, discussed that the school district felt that they should be assessed as other properties were assessed, as side yards, and that this improvement has no benefit to Kennedy. The residents stated that the buses run on Baker Street, much traffic goes to Kennedy fram Baker st. It is a great benefit from the District. Blacktop curb was installed by Kennedy to allow for a driveway exit for buses from Kennedy. Council discussed the North 66' of District 742's assessment. Joe stated that he was not sure if that part was included in the assessment. Loso made a motion to eliminate the assessment on the west end of Baker st. (66 feet), if this was included in the assessment, and only include the frontage on the south I side of Baker Street, for District 742; seconded by Hazen; Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. Hazen made a motion to approve a Resolution authorizing the Baker street and Page 2120 October 1, 1992 Seventh Avenue Assessment roles as adjusted, with the interest rate at 8% and I term of 15 years, and to allow partial payments, if allowed by law; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None, Motion carried. Hazen made a motion to close the Assessment Hearing at 8:06 p.m.; seconded by Loso, Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. OPEN TO THE PUBLIC: Tom Symanietz asked if the snow on Baker street could all be plowed to the south side, where the property on the south side is vacant, The maintenance supervisor has agreed to do what he can in this area. Mrs. Nahan asked if a 4 Way stop could be installed at 7th Avenue SE and Baker Street East. Loso made a motion to install a 4 Way stop at Baker Street East and 7th Avenue SE based on a recommendation of the Police Chief; seconded by Hazen, Ayes: Dehler, Hazen, Loso. Nayes: None, Motion carried, Chief also is requested to look into the need to install Slow Children signs on Baker Street. Clerk/Administrator requested to send a letter to Art Budde to petition to annex his property on 7th Avenue which is a Township island in the City. I Hazen made a motion to recess at 8:20 p.m. for 10 minutes; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried, Mayor Dehler called the meeting back in session at 8:30 p.nl. AGENDA: Hazen made a motion to approve the agenda with revisions; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None, Motion carried. WATER IMPROVEMENT PROJECT: Joe Bettendorf presented Application for Payment No. 1 for Contract I of the 1992 Water Improvement project to S. J. Louis. Hazen made a motion to approve Application for Payment No. 1 for Contract I of the 1992 Water System Improvements, Water Transmission Mains, to S, J. Louis Construction, of $251,285.41; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried, 91ST AVENUE SANITARY SEWER PROJECT: Mr. Bettendorf discussed the progress of the 91st Avenue Sanitary Sewer Project, Council agreed to allow trees to be included in the project, to replace those removed. DBL LABS SANITARY SEWER AND LIFT STATION PROJECT: The contracts are out for I bid, to be opened on October 14th, for the DBL Lab area Sanitary Sewer and Lift station project. Councilor Loso stated that Mike Rennie has a drainage problem in this area. Joe Bettendorf stated that there is no storm sewer there so it Page 2121 October 1, 1992 is not easy to solve the problem. Loso made a motion to approve the attorney prepare easement documents for this project; seconded by Hazen. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. Loso made a motion to approve the following Resolutions: Resolution approving Plans and Specifications and Ordering Advertisements for Bids Resolution Ordering Improvement and Preparation of Plans. The motion was seconded by Hazen. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. Dennis Stueve has been required to remove his fuel tanks and he would like to plan this removal along with the proposed Minnesota Street Improvement, for next summer. Joe Bettendorf advised the Council that the City needs to formally request the County to improve County Road 2 (Minnesota Street). ST JOSEPH BASEBALL TEAM: Pat Schneider, representing the st Joseph Baseball Team, Inc. presented their annual financial report. He also stated that the bleachers are in very poor condition. The Council requested that the Loss Control reviewer be alerted to this and make a recommendation on the next visit. BILLS PAYABLE: Hazen made a motion to pay for all accumulated camp time over 40 hours, to each employee who has such amounts; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. Hazen made a motion to approve the bills payable; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. CAPITAL OUTLAY REQUEST: Hazen made a motion to approve the capital outlay request for software as presented by Deputy Clerk Judy Weyrens, of Word Processing (Professional Write), Data Base (Professional File), Folio, Payroll, and Purchase Order packages. The motion was seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. MINUTES: Hazen made a motion to approve the minutes of the September 17, 1992 meeting as changed with the following changes: Page 2113 under 91ST AVENUE SEWER PROJECT: To include to check the ordinance for the time frame when the residents are required to hook up to city sewer. Page 2116 Loso made a motion to pay for the hameplate out of the Memorial park Improvement Fund; seconded by Hazen. The vote on the motion should have read: Ayes: Hazen. Nayes: Dehler, Sadlo, Rieke, Loso. Motion failed. POLICE CHIEF REPORTS to include for undercover work being done by Police Department. The motion was seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. Page 2122 October 1, 1992 MAYOR REPORTS: No report. COUNCIL REPORTS - HAZEN: No report. LOSO: 1) Loso reported on a Regional League of Minnesota Cities meeting he attended in Clara City, He reported on the need to adopt a mandatory recycling plan; using a transportation utility for a revenue source for future roadway improvements; raising of retirement for Fire Relief Association benefits, as recommended by the Fire Board should be as follows: the City may pass the increase, but not ratify the increase. Then if the Relief Association goes insolvent the City is not liable for the increase. He also discussed projections of the future of Local Government Aid. 2) Loso recommended that new members of the council receive policies and procedures and a tour of the City facilities when they take office. Hazen made a motion to approve this recommendation; seconded by Loso. Ayes: Dehler, Hazen, Loso, Nayes: None. t>1ot i on carr i ed . 3) Also recommended were using performance appraisals. Loso made a motion to send a request for quotes for towing snowbirds for the coming winter to the local towing services; seconded by Hazen. Ayes: Dehler, Hazen, Loso. Nayes: None, Motion carried. Loso made a motion to record all regular and special city council meetings; seconded by Hazen. Discussion - the recorder be present when any Councilor requests that a quote be included in the minutes verbatim. Ayes: Dehler, Hazen, Loso, Nayes: None. Motion carried. The wage committee will meet next week with employees as required. ROAD MAINTENANCE AGREEMENT: The Council considered a road maintenance agreement with the st. Joseph Township which makes the City responsible for snow plowing 7th Avenue SE to the south end of the palmersheim property, and the Township will plow 91st Avenue. Hazen made a motion to approve the agreement as revised; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. At 10:00 p.m. the Mayor extended the meeting to 10:30 p,m. Ballot question information is requested of the Council, to be included in the packet. Truth in Taxation information to be brought to the next meeting. PETITIONS TO ANNEX: Clerk/Adh1inistrator presented petitions to annex to the Council as follows: 1. Marvin & Monica Stanger 2. Fred & Jane Reber 3. Mr. & Mrs. Irvin Klocker 4. Ted Duncan 5. Melvin Ruege~er 6. Ray Brandenburger 7. Jon Brundell Hazen made a motion to accept the petitions and send notice to the Township, Page 2123 October 1, 1992 I and requested that a letter be sent to the property owners that the City accepted the petitions, but that services are not available to them, at this time. The motion was seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. The Council considered a request of Ross Rieke to allow moving of trees on an easement. The Council supported the easement ordinance. Hazen made a motion to deny the request to plant trees on an easement or that will overhang an easement area; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. The Council received a complaint of a living fence installed at 35 5th Avenue NW, without a fence penmit. The matter was referred to the Public Works Superintendent. The Council considered a request to allow changing the sidewalk and boulevard at 207 West Minnesota Street, in conjunction with installation of a driveway. Hazen made a motion to deny the requests to move the sidewalk to the south, to install class two in the boulevard. The boulevard must be replaced with like material of surrounding areas. The driveway must be installed according to City specs and with an apron. The City will not pave the driveway. The motion was seconded by Loso. Ayes: Dehler, Hazen, Loso. I Nayes: None. Motion carried. ADJOURN: Hazen made a motion to adjourn at 10:43; seconded by Loso. Ayes: Dehler, Hazen, Loso. Nayes: None. Motion carried. G Rachel Stapleton Clerk/Administrator I Page 2124