HomeMy WebLinkAbout2003 [10] Oct 02
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October 2, 2003
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Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular sessio~
on Thursday, October 2, 2003 at 7:00 PM in the SI. Joseph City Hall. I I
Citv Council Members Present: Mayor Larry Hosch. Councilors Ross Rieke, Dale Wick, Gary Utsch, aDd
AI Rassier. Administrator Judy Weyrens. I
Citv Representatives Present: City Engineer Joe Bettendorf.
Approve Aqenda: Wick made a motion to approve the agenda with the deletion of item 3 (a)
Approval of Minutes. The motion was seconded by Rassier and passed unanimously.
Consent Aqenda: Rassier made a motion to approve the consent agenda a$ follows;
a. Minutes - DELETED
b. Bills Payable - Approve check numbers 33288 - 33337
c. Ordinance Amendment - Authorize the Mayor and Administrator to execute the adoption
of Ordinance 80 - Regulation of Private Streets ¡
d. Application for Payment - Authorize the Mayor to execute Application for Payment #6 !
(Final) for the 2002 Business Park Improvements and authorize payment in the amount
of $ 55,391 to Molitor Excavating I
e. Application for Payment - Authorize the Mayor to execute Application for Payment #5 for
the SE Utility Improvement and authorize payment in the amoun.t of $ 12,619.05 to I
Kuechle Underground. i,
f. Application for Payment - Authorize the Mayor to execute Application for Payment #2 (or
the Improvements for Liberty Ponte and authorize payment in the amount of $ I
487,088.03 to R.L Larson Excavating. :
g. Application for Payment - Authorize the mayor to execute Application for Payment #2 for
the Improvements for Northland Plat Seven and authorize payment in the amount of $ i
190,536.70 to R.L. Larson Excavating. I
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The motion was seconded by Hosch and passed unanimously.
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Northland Piat Seven _ Assessment Hearina: Mayor Hosch opened the public hearing at 7:05 PM and
stated the purpose of the hearing is to consider and possibly adopt the proposed assessment for the '
water. sewer, streets, curb and gutter for the area known as Northland Plat Seven. The proposed ,
assessment is $ 483,560 or $ 17 ,270 per lot. !
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City Engineer Joe Bettendorf stated that the assessment is based on the preliminary budget figures and
they may change slightly after the project quantities are reviewed. The City and the Developer have I
executed a Development Agreement whereby the developer waives his rights to protest the assessm"nts.
The Agreement further provides financial security equal to the amount of the outstanding assessment~.
Bettendorf stated that he has contacted the Developer regarding the proposed assessments and theiare
agreeable to the proposed assessments. :
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Public Comments to the Aaenda: No one present wished to speak.
As no one present wished to speak, the public hearing was closed at 7:10 PM ,
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Rassier questioned if the Council needed to approve the final assessment roll at this meeting or if it could
be delayed until the final quantities are reviewed. Bettendorf stated that in the past the City had the I
flexibility of certifying assessments until December 31. However, the Stearns County Auditor has stated
that they will no longer accept assessment rolls that are not submitted on or before November 15 of each
calendar year. Before the assessment can be certified to the Auditor, a thirty day payment period mu~t
be allowed. Therefore, the assessment roll must be adopted at this meeting. Bettendorf stated that i( the
assessment roll needs to be increased substantially, he wouid request a special meeting of the Council to
consider such.
October 2, 2003
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Rassier made a motion to adopt Resolution 2003-23 adopting the Assessment Roll for Northland
Plat as presented by the City Engineer. The assessment will be payable over a five year period
and will bear interest at the rate of six percent. The motion was seconded by Rieke and passed
unanimously.
Libertv Pointe - Assessment Hearina: Mayor Hosch opened the public hearing at 7:15 PM and stated the
purpose of the hearing is to consider and possibly adopt the proposed assessment for the water, sewer,
streets, curb and gutter for the area known as Liberty Pointe. The proposed assessment is $ 1,189,390
or $ 14,330 per lot.
City Engineer Joe Bettendorf stated that the assessment is based on the preliminary budget figures and
they may change slightly after the project quantities are reviewed. The City and the Developer have
executed a Development Agreement whereby the developer waives his rights to protest the assessments_
The Agreement further provides financial security equal to the amount of the outstanding assessments.
Bettendorf stated that he has contacted the Developer regarding the proposed assessments and they are
agreeable to the proposed assessments. Hosch questioned if the proposed assessments include the
private streets. Bettendorf stated that he will review the assessments to assure that the cost of the
private street is not included in the assessments. Weyrens clarified that the developer has been required
to submit two-thirds of the cost of the private street upon execution of the Development Agreement with
the balance due when the project is complete.
As no one present wished to speak the public hearing was closed at 7:17 PM.
Rassier made a motion to adopt Resolution 2003-24 adopting the Assessment Roll for Liberty
Pointe as presented by the City Engineer. The assessment will be payable over a five year period
and will bear interest at the rate of six percent. The motion was seconded by Rieke and passed
unanimously.
CITY ENGINEER REPORTS
2002 Interior Street Proiect: Bettendorf presented the Council with Pay Application #6 for the 2002
Interior Street Project. The Council had requested clarification as to why project cost exceeded the
awarded contract including change orders. Bettendorf stated that he reviewed the project file and
discovered that the final project drawings did not include blacktop for the 2nd Avenue NW Overlay_
Rieke made a motion authorizing the Mayor to execute pay Application #6 for the 2002 Interior
Street Project as recommended by the City Engineer. The motion was seconded by Wick and
passed unanimously.
Project Updates: Bettendorf reported on the status of the following projects:
Northland Plat Seven: The improvements have been completed and the blacktop should be
completed shortly. The Developer intends to secure 27 building permits as soon as the blacktop
is completed.
Pond View Ridge Seven: Pond View Seven is substantially completed and building permits have
been released.
Interior Streets / Baker Street Lift Station: Bettendorf stated for all practical purposes, the 2002
Interior Street Project and renovation of the East Baker Lift Station are complete with the
exception of one section of sidewalk that needs to be installed. Rieke questioned if the
intersection at 2nd Avenue NW and County Road 75 has been widened to allow a greater turning
radius for truck traffic. Bettendorf stated that it has not been complete and he will contact the
contractor.
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October 2, 2003
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Graceview Estates II: The Development Agreement between Rick Heid/Bob Herges and the C:ity
of SI. Joseph has been executed and the construction of improvements has begun.
Graceview Estates I: The developer is in the process of constructing the walking trail as
approved by the City Council and Planning Commission.
County Road 121: Stearns County is the project/fiscal agent for the reconstruction of County
Road 121 and they have yet to finalize the project. The County Engineer will be conducting a
final walk through of the project and Bettendorf stated that he and the Public Works Director ,
wouid be participating in such. With regard to liquidated damages, the County will finalize the I
project and disburse any liquidated damages collected. The cost split of the liquidated damages,
if any, will be negotiated with the County. The Council requested Bettendorf contact Design I
Electric regarding the decorative street lighting to install the missing iight pole and repair all lights
not operating correctly.
Liberty Pointe: The improvements for Liberty Pointe are under construction and they are·
meeting the construction schedule with anticipation of securing building permits in November.
SE Utility Improvement: The Council has approved the final pay request for the project and the
only outstanding item is a casting that needs to be replaced. '
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Bar Hours of Operation: Weyrens stated the Council at a past meeting requested that the Council I
consider the extension of bar hours after the City of SI. Cloud considers the same. The SI. Cioud City
Council recently approved the extension of bar hours from 1 :00 AM to 2:00 AM for a six month period. At
the end of the six month period the affects of the extension will be reviewed and the SI. Cloud Ciy Council
will reconsider the extended bar hours of operation. I
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Utsch made a motion to retain the 1 :00 AM bar closing and review the possible extension after six
months. Before reconsider by the City Council the Police Chief should provide a report from the
area police departments whose communities extended the bar hours on any positive or negative
affects created by the extended bar hours. The motion was seconded by Rieke.
Discussion: Hosch stated that he was indifferent as to whether or not the bar hours were
extended, however, he belíeves the decision should be a regional decision. Therefore, if the
surrounding Cities are extending their hours so should the City of Sf. Joseph. Hosch stated hi3 is
concerned that impaired bar patrons may leave Sf. Joseph at 1 :00 AM to continue drinking in a
City where the bars are open until 2:00 AM, creating a potential safety issue. I
Rassier stated it is his understanding that even if the City approves extended bar hours, each!
liquor establishment can decide if they wish to participate. Communities where the bar hours!
have been extended have had minimal applícations to do such. Rassier stated he concurs with
Hosch and believes the decision to extend bar hours should be a regional decision and he I
supports extending the bar hours to 2:00 AM as the Cities of Sartell and St. Cloud have already
adopted such. I
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Wick stated it is his opinion that the Minnesota Legislature will resolve the bar hours during th;e
next legislative session taking the control out of local jurisdictions. !
Ayes: Utsch, Wick, Rieke
Nays: Hosch, Rassier
Motion Carries 3:2:0
MAYOR REPORTS
Stearns Countv Transportation Plan: Hosch reported that he and Councilor Rassier attended the Stearns
County Highway Transportation Public Hearing. The purpose of the hearing was to accept input on the
preliminary five year Stearns County Road Improvement Pian. Residents of SI. Joseph were presen~ to
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request the County fund the realignment of County Road 2 and presented the Steams County Engineer
with a petition of over 200 signatures requesting the same. The realignment has been included in the
preliminary plan with anticipated funding in the year 2008. Hosch stated he will continue to request
higher priority of the realignment.
COUNCIL REPORTS
UTSCH - No Report
WICK - No Report
RASSIER
St. Joseph Historical Societv: Rassier reported that he recently attended a SI. Joseph Historical Meeting
and they discussed the need to find a permanent facility to display the history of SI. Joseph. The
Historical Society is also looking for a donation of a Television and VCR to allow the playing of historical
tapes.
RIEKE - No Report
ADMINISTRATOR REPORTS
LELS Labor Contract: Weyrens reported that she is in receipt of the proposed labor contract for the
Police Officers Union, LELS, for the contract years 2004 - 2005. The Council agreed to meet in closed
session on October 8, 2003 to review the proposal and discuss contract strategy. Weyrens stated that
LELS would be available to meet with the negotiating committee on October 22, 2003. The Council
agreed to appoint a committee on October 8, 2003.
Finance Officer: Weyrens reported that the closing date has passed for the submission of applications for
the position of Finance Officer. At this time the Council needs to establishing a hiring committee. Hosch
and Wick agreed to part of the hiring committee along with Weyrens and Mary Generous.
Adiourn: Rassier made a motion to adjourn at 8:10 PM; seconded by Utsch and passed
unanimously.
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eyrens
Istrator
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