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HomeMy WebLinkAbout1989 [06] Jun 15 June 15, 1989 1701 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, June 15, 1989 at 7:30 p.m. in the City Hall. MEMBERS PRESENT: Mayor Mike IDso; Members of the Council Donald "Bud" Reber, Steve Dehler, Leo Sadlo, Rieke. Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Representative Bernie Omann, Art Reber, AGENDA APPROVAL: Sadlo made a motion to approve the agenda; seconded by Reber. Ayes: IDso, Reber, Dehler, Sadlo. Nayes: None. Motion carried. Rieke arrived at 7:34 p.m. TREASURER'S REPORT: Dehler made a motion to approve the May treasurer's report as presented; seconded by Sadlo. Ayes: IDso, Reber, Dehler, Sad 10 , Rieke. Nayes: None. Motion carried. MINUTES: Dehler moved to approve the minutes of the June 1, 1989 meeting as presented; seconded by Sadlo. Ayes: IDso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. ALLEY VACATION: Council discussed the information presented previously at a public hearing and other general information concerning the alley vacation request of a certain alley. Dehler questioned the taxable benefit value without statistics, and if the City would need the alley in the future for utilities or traffic use. He requested that his statement as follows be included. "After much soul searching and thought, I find insufficient evidence of benefit to the City to allow the closing of the alley in question. There might be a statement made here and there that because the intention stated to close the alley will cause some competition and therefore my vote would be to impede and hopefully stop the threat. I can't help what people think. I can only control how I think and I think there is ample room to do the same project with some alterations in the site plan. I am not trying to squelch progress, on the contrary. If the alley stays open I am sure the plans can still go forward. The precedent which would be set would haunt the City Councils forever. The tax benefit is not enough of a reason at this time. The added employment benefit is also questionable. I must therefore vote against closing the alley in question." Reber stated that originally he felt as Dehler on this issue, but on the advice of the City Attorney he feels that this vacation could be in the best public interest. The proposed building and alley would be a good taxable benefit and the addition of jobs to the city work force is always a benefit. Sadlo stated that there are no utilities in the alley and the legal and incidental costs of the vacation shall be born by the property recipients, and expressed a concern for police and fire department, and maintenance use of the alley. Rieke expressed concern if there would be future utility needs for the alley. The Council felt that the utilities run in the east west alleys and that this access will not be needed in the future. Mayor IDso stated that because the City has so much tax exempt property, the City always considers taxable property additions a benefit. Vacation should be allowed when final plans are prepared, financing approved, and construction ready to begin. If the project doesn't develop then the vacation becomes moot 1702 and the alley shall retain the status of an alley , with full public and utility property rights. Reber made a motion to approve the following resolution to vacate said alley; the motion was seconded by Rieke. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH A petition executed by Mary Ann Krebsbach, Raymond Krebsbach, Jarœs Krebsbach, Louis Krebsbach and Robert Krebsbach requesting the vacation of a certain public alley located betv~en Lot 12 and Lot 13 of Block 10 of the Original Townsite of the City of St. Joseph came on for public hearing on the 1st day of June, 1989. Based ufOn the information presented at this public hearing and other general information, the City Council for the City of St. Joseph HEREBY RESOLVES: The petition for the vacation of the above-referenced alley is hereby granted contingent ufOn the occurrence of the following events before January 1, 1990: 1) The petitioners submit to the City Council, for final approval, final plans for the profOsed development which will include the vacated alley property, along with evidence of approval of financing for the development, executed construction contracts, and construction schedule with estimated completion date. The profOsed development must be consistent with the proposal presented to the Council at the public hearing. Any substantive change in the plans as proposed shall be approved by the City Council, or shall render the vacation null and void. 2) Before January 1, 1990, the petitioners shall execute an agreement indemnifying the City for any claims, including cleanup costs, arising because of fOllutants or contaminants ufOn or under the area subject to the vacation. 3) The petitioners reimburse the City for legal fees, engineering expenses and other out-of-pocket costs incurred with the consideration and granting of the vacation. Upon compliance with these contingencies, the Iv1ayor and City Clerk/Administrator are hereby authorized to execute any documentation necessary to evidence the vacation. This petition is contingently granted on the basis of the finding of the Council that the vacation would be in the interest of the public due to the fact that the proposed deve 10pil1en t by the property o\vner would create jobs, provide commercial services to the community, increase the commercial tax base, and improve the general appearance of the Ci ty , and further, in consideration of the absence of any public need for maintaining the alley. This Resolution was adopted this 15th day of June, 1989. Ayes: Loso, Reber, Sadlo, Rieke. Nayes: Dehler. Motion carried. Dehler made a motion that the recipients of the alley property will relieve the City of any and all costs and liabi li ties of contaminants of the alley area; seconded by Reber. Ayes: Loso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Mot ion carr ied. T. H. 15 IMPROVEMENT PROJECT: Bernie Omann discussed vIi th the Council a proposed financing package for completion of T. H. 15 through the St. Cloud area, to be constructed during the F. Y. 1994. Mayor Loso stated that the City of St. Joseph is supportive of the project for the St. Cloud area, but the City of St. Joseph will not receive ant benefile03 from it and will not participate in the cost of the project. Local unds will not be used to assist in financing the project, and the City of St. Joseph will not support a local sales tax. AILEY PROBLEMS: Art Reber discussed with the Council speed problems in his alley. Counci 1 stated that more attempts of enforcement of speed limits would be made and Art may wish to discuss his particular problems with the Chief of Police. Mr. Reber also asked if the City would provide a meeting room for the V.F.W. if one is needed. Council was in agreement to allow the V.F.W. to schedule meetings in the City Hall as other local groups are allowed. The Commander may contact the City Clerk's office to reserve the hall. ST. JOSEPH VOLUNTEER FIRE DEPARI'MENT BY-IAWS CHANGES: Fire Chief Dick Taufen presented proposed changes in the by-laws which would update and clarify several sections and establish membership at not less than 25 active members. Sadlo made a motion to approve the changes as presented with a correction to Article 7, Section 3 change to be to "No member shall appear at meetings of the Department or on duty in a state of intoxication, be guilty of conduct unbecoming to this Department, be a disgrace to this Department, fail to properly perform his duties, or otherwise fail to service in the Department and after having been voted as a delegate by the Department. Reber seconded the motion. Ayes: lDso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. Fire Chief also requested that the Fire Department be allowed to participate in the disaster drill on July 19 at Cold Spring. The Council was in agreement to allow participation. CAPITAL OUTIAY REQUEST: Reber made a motion to approve the capital outlay request of the maintenance department for a sand blaster at $1327; seconded by Sad 10 . Ayes: lDso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carried. The Counci 1 discussed the need of a part time maintenance person with Mr. Taufen. Details to be worked out. Mayor declared a recess at 9:05 p.m. Mayor reconvened the meeting at 9:18 p.m. REFUSE CONTRACT PROPOSAL: Counci 1 discussed the refuse disposal problems and costs and set a special meeting for June 22, 1989 to discuss the proposed contract and provide for cost efficient avenues for refuse disposal for the residents of the City. MAYOR REPORTS: 1) Mayor reported that he met with Don Landwehr concerning the delinquent taxes on the unsold property in Clinton Village which has not yet been sold. The property will come up for tax sale at the end of this year. City Attorney should check if any recertification of special assessments is necessary and look at the developers agreement for any other means to collect any lost revenues. 2) In order to retain the parcels in the easement area between Park Terrace and Clinton village, by the adjacent home owners it would be appropriate for the property owners to combine the easement area with the home property. Assessor should review the situation and report back to Council. COONCIL REPORTS: SADW: Well #2 is operating well and the pumping rate is back to normal since the repair and maintenance of it. 1704 REBER: 1) Council should consider an amendment to the ordinance which v~uld not allow doors or wind~vs to protrude over any sidewalk when they are opened. Building Inspector should review and recommend to the Council. Also report on handicap accessibility requirerrents. 2) Garage needs to be cleaned out so that the Police car may be parked in it when not in use. 3) City Attorney needs to recommend to the Council on what should be allowed on easements, pertaining to temporary bui ld ings , fences, trees, shrubs, etc. RIEKE: Planning commission had a meeting, with no action taken. DEHLER: Park Board presented their recommendations for charging for reserving the Parks. CLERK/ADMINISTRATOR REPORTS: 1) State Grant which the City applied for was denied. 2) Clerk requested to be allowed attendance at Clerk's Institute in St. Paul from July 10 - 14. Dehler made a rrotion to approve the expenses of the Clerk's attendance at Clerk's Institute; seconded by Rieke. Ayes: 1oso, Reber, Dehler, Sadlo, Rieke. Nayes: None. rvlotion car ried . 3) Legislative wrapup session is scheduled for June 27, 1989. Mayor and Clerk to attend. 4) Workman's comp insurance is available for Members of the Coood 1. Coverage is unclear, because of the nature of Council work. Council generally agreed that the cost of the premium outweighed the benefit. S) Request for reimbursement for snow damage to a mail box post. Council denied because the post must be of adequate strength to withhold pressures of snow. KENNEDY SCHOOL IMPROVEMENT FIRE PRarECTION: Council was presented the plans for fire protection for Kennedy Elementary School, in order to comply with State Building Code. Plans include appropriate fire hydrants, and eight inch wa te r main around the back of the building to loop at First, Second, and Third Avenues Southeast, with a perpetual access utility easement, a dedicated fire lane and a perpetual 66 foot roadway, drainage and utility easement parallel and adjacent to East Baker Street. Dehler made a motion to approve the plans and notify the School District to include in the plans a bus lane to enter fra~ College Avenue, at the south of the building and cross through the proposed parking lot in front of the building to drop off and pick up students in front of the building, and exit on College Avenue. Sadlo seconded the motion. Ayes: 1oso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carr ied . Mayor extended the meeting at 10:30 p.m. ALLEY IMPROVEMENT FEASIBILITY STUDY: Reber made a mot ion to accept the feasibility study report from City Engineer Joe Bettendorf for the alley ln Block 1, IDso's Second Addition, and call for a public hearing for August 1, 1989; seconded by Sadlo. Ayes: IDso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carr ied . Reber made a motion to adjourn at 10:40 p.m. The motion was seconded by Sadlo. Ayes: 1oso, Reber, Dehler, Sadlo, Rieke. Nayes: None. Motion carr ied . Rachel Stapleton