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HomeMy WebLinkAbout2003 [05] May 15 1 I 1 1 May 15, 2003 , Page 1 0~11 Pursuant to due call and notice thereof, the City Council for the City of St. JosepJ met in regular sessiJ on Thursday, May 15, 2003 at 7:00 PM in the St. Joseph City Hall. I I City Council Members Present: Mayor Larry Hosch. Councilors Ross Rieke, Dale Wick, Gary Utsch, ahd AI Rassier. City Administrator Judy Weyrens. I City Representatives Present: Building Official Nancy Scott, City Engineer Joe Bettendorf, City Attorne) Sue Dege, Police Chief Pete Jansky Others Present: Pat Bednarz, Laura Bednarz, Linda Schyma, Mark Lambert, Approve Aaenda: Rassier made a motion to approve the agenda with the following additions: 13(a) Light Poles; 13(b) Wobegon Trail Plat; 13 (c) League of MN Cities Conference; 13(d) Ordinance Books. The motion was seconded by Wick and passed unanimously. Consent Aaenda: Wick made a motion to approve consent agenda as presented. a. Minutes - Approved April and May b. Bílls Payable - Approved check numbers 32746 - 32813 i c. Request to close street - Accepted the request of the Sf. Joseph Fire Department to close I Minnesota Street East between College A venue and 1st A venue NE for a water ball fight on Juiy 3, 2003 between 6 PM - 9 PM. i d. Equipment request - Authorized the Police Chief to purchase a video camera using donate'd funds from the Sf. Joseph Lions. The motion was seconded by Utsch and passed unanimously. Public Comments: No one wished to speak. i Noise Violation. 207 Minnesota Street West - Dale & Diane Schneider: Weyrens reported that the I property owner of 207 Minnesota Street West has been notified of the alleged noise violation and did riot request an evidentiary hearing. Therefore the Councii must acknowledge that a noise violation did occur and then discuss and impose any penalty(ies). Hosch reported that Dale Schneider will not be present at the meeting as he is not disputing the noise violation. ¡ Rassier made a motion acknowledging that a noise violation occurred at ~07 Minnesota Street, West on May 02, 2003. The motion was seconded by Wick and passed unanimously. I Weyrens stated that the Council has established the minimum administrative fine at $ 150.00. The I minimum fee covers all costs incurred to the City as a result of the noise violation. Utsch stated it is his opinion that the property owner of the above described property should be charged a fine avbove the I minimum charge as a number of minors were cited for alcohol consumption. I Hosch stated the Council has been consistent in assessing the minimal administrative fines when thel , noise violations have not been severe and the tenants cooperated with the Police Officers. Therefore:, , based 0 the submitted reports submitted, Hosch encouraged the Council to assess the above stated I property owners the minimum administrative fee of $ 150.00. Rassier concurred with Hosch and stated that it is his opinion that the City should be consistent with past policy and assess the fine based on the circumstances of the violation. I I Rassier made a motion to assess the property owner of 207 Minnesota Street West, Dale and Diane Schneider, an administrative fine in the amount of $150.00 for the noise violation that occurred on May 02, 2003. The motion was seconded by Wick and passed unanimously. i i May 15, 2003 Page 2 of 11 Nancy Scott. Buildina Official: Nancy Scott of AIISpec Services approached the City Council to discuss recent changes to the Minnesota State Building Code. Scott stated that all Municipalities currently enforcing the Minnesota State Building Code are required to enforce the International Building. Two of the sections of the International Code are discretionary for the City to implement. The sections that can be exempted pertain to when sprinkler systems are required. If the International Code is adopted in fuJi, small business constructing a facility greater than 2500 square feet would be required to sprinkle the building. In additional some classifications of residential homes would also be required to be sprinkled. 1 Scott stated that the City must amend Ordinance 51, Building Ordinance, changing the Building Code Enforcement from the Minnesota State Building Code to the International Building Code. Weyrens reported the City Attorney has reviewed the information and prepared an amendment to be adopted by the Council. The proposed amendment exempts enforcement of the discretionary chapters relating to sprinkling of facilities. When questioned if the International Building Code is significantly different from the State Building Code, Scott stated that the major residential construction differences are as follows: · Polyurethane film must be instaJied prior to pouring the basement slab. This provision is intended to prevent ground water seepage. · The house needs to be entirely wrapped whereas previously, only the corner and the rims had to wrapped. · No longer required to use 5/8 inch sheet rock on the firewall that separates the garage from the house, 1/2 inch sheet rock will be acceptable. · A self-closing door is no longer required between the garage and the house. Scott stated that the Building Code also requires that a plan check fee be assessed for all building permit including residential homes with the exception of roofing, siding and window replacement. Currently the City charges a plan check fee for all Commercial, Indsutrai and Multiple Family construction projects and the fee is 65% of the building permit fee. Scott stated that she retains 100% of the plan check fee with I along with 65% of the building permit fee. Wick the need for a separate plan check fee and questioned if all the abutting Cities will be charging the same. Scott stated that is retained by 11 jurisdictions to enforce building codes and all but St. Joseph charges said fee. Scott stated that the City is experiencing considerable growth at a rate of 25 - 40% annually. Rieke questioned if the plan review process will require the residential property owner to submit professional drawings or if residents can sketch their own construction plans. Scott stated that architectural drawings are required for all commercial projects including multiple family as weJi as shed exceeding 5,000 square feet. Other than the construction of a new home, architectural drawings will not be required and property owners can continue to submit sketched plans. The Council requested clarification as to what Building Inspection duties include. Scott stated that she performs the following duties for the City of St. Joseph as Building Official: issues all building permits; administers the Zoning Ordinance; sends notice of non-compliance; verifies drainage upon request of the City Engineer and she completes aJi building inspections. Scott reported that in the past two years, the City has generated revenues in excess of $ 150,000 of which Scott received approximately $94,000. She further stated that if the plan review fee had been implemented in April 2001, Scott would have received an additional $22,000. Rassier stated the City had previously discussed implementation of the International Building Code when Scott was retained as Building Official and questioned why it has taken so long to implement. Weyrens clarified that the International Building Code was not adopted by the State of Minnesota until recently, 1 therefore it would have been premature to adopt the International Code. 1 I 1 1 May 15, 2003 Page 3 of' 11 ! i Rassier made a motion to authorizing the Mayor and Administrator to execute and publish an amendment to Ordinance 51, adopting the International Building Code with the exception of optional chapters, unless specifically adopted in this Ordinance. The motion was seconded by Wick and passed unanimously. i , Rieke made a motion to table the plan review check fee until June 5, 2003 City Council meeting ~o that additional information can be provided. The motion was seconded bY, Utsch and passed I' unanimously. Liauor Violation. La Plavette - Pat & Laura Bednarz: Pat and Laura Bednarz, owhers of the La Playette! approached the City Council regarding a liquor license vioiation that occurred on April 25, 2003. Weyrens clarified that the La Playette failed the alcohol compliance check completed by the Police Department on April 25, 2003. While selling alcohol to a minor is listed on the matrix, this matter is before the Council I due to a previous violation in November of 2002. ' i In November of 2002 the La Playette received a liquor license violation for failure to allow police in. The City Council assessed a penalty of $ 1,000 ad a 3 day suspension, staying all but 2 Y, days of the 1 suspension provided that there are no same or similar violations within a 12 month period. Weyrens stated that the City Attorney has reviewed the violation and it is his opinion that a same or similar violation is any violation of the liquor license or violation involving the sale of alcohol. ' I Bednarz stated that they do not believe that selling alcohol to a minor and refusing to allow police in aré not same or similar violations. They further stated that the first offense of refusing to let police in was a poor choice they made. The current violation is a mistake of a bartender who was confused by the ¡ clipped drivers license. Bednarz stated they specifically questioned the Council on Novmeber 21 , 2002 If selling to a minor would constitute a same or similar event and they responded no. Unfortunately the I tape for the meeting is not available and the minutes do not reflect such. Councilors present do not recall such a question and stated that they believe this is a same or similar violation. Bednarz requested that the Alcohol Matrix be revised so that liquor license holders do not need to come before the Council fori each violation and similar violations are treated equally. Weyrens stated that thé City Attorney is recommending the Council review and amend the Matrix as needed. Utsch stated it is his opinion that the violation of April 25, 2003 is a same or similar event and the fine I imposed by the City Council on November 21, 2002 should be imposed to the fullest. Utsch further stated that he does not believe the owners should be able to pick the days for the suspension as they shouidnot be the days with the lowest impact. !' I Hosch disagreed with Utsch. He stated that views the two incidents as different violations as one dealt with an intentional violation and occurred afler hours while the current violation involved an employee I making a mistake. Hosch further stated that it is his opinion that the monetary portion of the fine does: not need to be imposed, but would support imposing the 2 Y, day suspension. i I I Wick stated that it is his opinion that the two violations are different as one Is deliberate and intentional the second is a mistake by an employee. Wick stated that it is impossible for a,license holder to be I' present 24 hours a day, seven days a week and employee mistakes will happen. Rassler stated that he was opposed to the leniency of the fine in November and it is his opinion that the new liquor violation Is same or similar and the Council should impose the stayed fine and suspension. Rassier further stated that he understands that employees make mistakes but there is a consequence tied to the mistake. 1 Rassier made a motion to consider the liquor license violation of April 25, 2003 as same or similar to the liquor license violation that occurred in November of 2002 and impose a $ 500.00 fine and a 2 day suspension of the stayed fine of November 21, 2003. The motion was seconded by Rieke. I May 15, 2003 Page 4 of 11 Discussion: Utsch stated that it is his opinion that since the violation has been determined to be same or similar that the full stayed fine imposed by the Council on November 21, 2002 should be applied. Utsch encouraged the Council to enforce the actions of the previous Council. 1 Rieke questioned what the process is used in determining what day of the week the 2-day suspension will occur or if it would be beneficial to raise the fine versus the 2-day suspension. Dege responded that the Council can be flexible in choosing the date for the 2-day suspension. Bednarz stated that the La Playette has already been fined $ 250.00 and have been shut down for a % -day for the violation that occurred on November 9, 2002 and encouraged the Council to not suspend the license for 2 days and impose a fine of $ 500. Hosch stated it is his opinion that the 2 day suspension should not be imposed on the busiest days of the week and the City should work with the license holder to assure that private parties are not disrupted because of the suspension. Hosch again stated that he does not believe the violation of April 25, 2003 is same or similar and believes the proposed fine and license suspension is excessive. Ayes: Hosch, Rassier, Utsch Nays: Wick, Rieke Abstain: None Motion Carried: 3:2:0 Hosch made a motion directing the City Administrator to meet with the owners of the La Playette to establish the two days the lies will be suspended. The suspension must occur within 21 days from the date of this meeting and the two days must be consecutive. The motion was seconded by Rassier and passed unanimously. Linda Schvma. Special Use and Variance Reauest. 11 Colleae Avenue North: Weyrens reported the Planning Commission conducted a public hearing on May 5, 2003 for a Variance and Special Use Permit I (SUP) to allow a rental unit at 11 College Avenue North. The aforementioned property was issued a Special Use Permit in 1992. At the time the SUP was issued the City imposed three conditions, one of which required designated parking behind Loso's Pub. The contingency stated that if the parking agreement with Loso's Pub ceased, the SUP also expired. The City has recently been informed that the parking agreement with Mark Loso ceased, therefore, the property owner of 11 College Avenue North was sent notification that the 2003-2004 rental iicense would not be issued. In an effort to sell the aforementioned property and secure a rental license, the current property owner requested a SUP and Variance hearing to allow a rental unit in a General Business Zoning District. The proposed parking for the rental unit is located in excess of six (6) blocks from the property. The Planning Commission recommended denial of the Variance as the proposed parking is not within a reasonable distance. Without a variance the SUP could not be granted and the Planning Commission tabled action on the SUP to give the property owner additional time to secure parking. Linda Schyma approached the Council and stated that since the public hearing the aiternative pakring has been secured. Schyrna stated that St. Joseph's Catholic Church will provided seven (7) designated parking spaces for the rental unit at 11 College Avenue North. Therefore, Schyrna requested the Council approve the SUP allowing a rental unit in a General Business Zoning District. Rassier stated that before he would approve the SUP he would like written verification from SI. Joseph's Church that the parking spaces will be designated for the rental until. Rassier made a motion to table the Variance and Special Use Permit request of Linda Schyma allowing a rental unit in a General Business District, so that the Planning Commission can review the revised parking plan for the rental unit and forward a recommendation to the Council. The motion was seconded by Wick and passed unanimously. 1 Summit Manaaement - Drainaae Fees: Weyrens presented the Council with information regarding adopting a Storm Water Fee. When the Zoning Ordinance was adopted, a separate section was added 1 I 1 1 May 15, 2003 Page 5 of 11 ! I i regulating the discharge and maintenance of storm water and storm water retention ponds. The : , Ordinance is part of the federal mandate requiring that all Municipalities implement and management I storm water, including securing a permit from the MPCA. The Ordinance adopted by the City allows for regional ponding, collection of a fee for ponding and requires every development plan to include a I drainage plan I , Weyrens stated that the federal mandate is an un-funded mandate and the City needs to establish a fee to help offset the expenses incurred. Constructing a Storm Water facility is similar to constructing water and sewer laterals and is part of the City's infrastructure system. Therefore it would be appropriate to I charge development an access fee. The maintenance of the Storm Water Facilities are long term and can create costly repairs. Weyrens stated the deteriorating Hollow Park Storm water pipe is a good example of a capital expenditure that is needed and the City does not have funding for the repair or replacement of such. Establishing a storm water access fee would provide funding for on-going maintenance and repairs. i In addition to establishing a development fee, the City will be presented with information on establishing a storm water utility. A storm water utility would involve creating a monthly charge that will be billed to all residents. This fee would be in addition to the access fee charged for development. i , Weyrens stated that in contacting other Municipalities the method for calculating the storm water acce$S varies. Methodologies include: calculating a fee per acre basis; calculating a fee per cubic foot: I determining the storm water for a single family home and use that as a minimum fee, charging additional for additional impervious surface; per lot development fee. All Municipalities surveyed include a development provision that developers are credited for expenses incurred to expand the storm water system. I Locally the Cities of Sauk Rapids and Sartell have implemented a storm water charge. Sauk Rapids I recently raised the fee from $ .20 per square foot to $ .24 per square foot, while the City of Sartell bases the fee on the type of development and the fee varies from $ .20 per square foot to $ .34 per square foot. Weyrens stated that Terry Wotzka of SEH indicated that the actual cost of installing storm sewer is $ ·ß4 per square foot. I I Hosch stated that Hollow Park is a good example as to why the City needs to establish a storm water fee. He further stated that he encourages the Council to establish a storm water access fee, giving the I developer credit for costs incurred. The City needs to realize that after Lambert installs the storm sewer pipe he does not have the responsibility for maintaining the pipe in the future. Hosch explained when the City takes over the responsibility of the maintenance and upkeep of a City pond, the City has the I realization that someday that they will have to replace the pipe and the costs could be substantial. , Rassier concurred with Hosch stating he would support establishing a storm water access fee of $ .20 per square foot, providing credit for any storm water related expenses incurred by the developer. 1 Mark Lamberl of Summit Management approached the Council and stated that the City did not pay $ ·i20 per square foot for the Northland Holding Pond area and questions the fee being proposed by the CitY. He further indicated that he should not be charged for the maintenance i repair needs for the Hollow Park Storm Water System. Weyrens stated that Hollow Park was used for illustration only and the fees being proposed at this time are not for the repairs to the Hollow Park Storm Water System. i , I Lambert stated that he approached the Council for an easement for storm water drainage and that I request has turned into a creation of new fee. Lambert questioned if the storm water fee is exclusive ,to his proposed development, the Indian Hills Plat or development in general. He further stated that he is not opposed to paying his fair share of the maintenance cost and it is his opinion that his apportionment should be at the same percent as the pond space that his development requires. Weyrens clarified that the maintenance cost can extend well into the future and assessing a one time development avoids I collection of fees at a later time. , Lambert stated he retained an engineer to calculate the percentage of the pond his proposed I , development would utilize and it is estimated that the storm water from the proposed development would , May 15, 2003 Page 6 of 11 only use 18% of the total capacity of the pond. He further clarified that the drainage study used hydrology calculations for the development of both Lots 1 and 2 of Block 1 Indian Hills Park Plat. Lambert stated I· that he has already agreed to install the pipe from his development to the holding pond and that cost is es.¡imated between $ 30,000 and $ 40,000. Weyrens clarified that the cost of the pipe from the outfall line would be credited against the storm water fee. Lambert stated it was his understanding from the April 17, 2003 City Council meeting that he would be required to pay a pro-rated share of the maintenance costs of the holding pond. Lambert stated he would be willing to acknowledge the $.20 per foot storm water fee in an effort to move the project forward. However, he would request that the Council allow him to pay the storm water fee for both Lot 1 and 2 at this time. Lambert stated that he will be installing a 36" pipe to accommodate the storm water for both lots therefore he should be able to pay the fee at this time even though he does not have a development plan for the lower lot. Hosch stated that he is opposed to collecting the fee for a lot that does not have a development plan and would not support accepting the storm water fee for the lower lot. Utsch questioned Bettendorf as to what geographical area utilizes the same holding pond being discussed at this time. Bettendorf responded that Northland 1 - 3 drain to the same holding pond and when computing the capacity of the pond those developments were considered. Bettendorf reassured the Council that the holding pond being discussed at this time has excess capacity even when the Indian Hills Plat is completely developed. Rieke made a motion to establish a Storm Water Access fee at a rate of $ .20 per square foot as recommended by City Staff, providing credit to the developer for costs incurred for the expansion of the storm water system. In the case of Summit Management, the Storm Water Access fee should be calculated for both Lots 1 and 2 Indian Hills Park Plat. Motion failed due to lack of a second. Rassier made a motion to establish a Storm Water Access (SWAF) fee at a rate of $ .20 per square I foot of net developable property (gross property less public streets and wetlands). The SWA will provide a credit to developers for costs incurred to enhance or expand the existing Storm Water System. This motion further clarifies that the SWA can only be collected for property where a development plan has been submitted for review. Therefore, the SWAF for Lot 2 Block 1 Indian Hills Park Plat cannot be collected at this time. However, in the event the cost for installing the 36" storm water line exceeds SWAF required for Lot 1 Block 1 Indian Hills Park Plat, the credit will be applied when Lot 2 is developed. The motion was seconded by Rieke and passed unanimously. Discussion: Bettendorf requested that Lambert verify the proposed depth of the storm water pipe and that it be designed to accommodate the lower lot. Summit Manaaement - Developer's Aareement: Weyrens presented the Council with a proposed Development Agreement between the City of St. Joseph and Summit Management. The Developer's Agreement is intended to memorialize the site plan as presented to and approved by the Planning Commission. The Planning Commission has recommended the Council approve the Developer's Agreement as presented. Wick questioned if the Developer's Agreement needed to be revised in lieu of the decision to not allow the collection of the SW AF for Lot 2 Block 1 Indian Hills Park Plat. City Attorney Sue Dege stated the Agreement can be modified to make reference to Lot 2 Block 1 Indian Hills Park Plat. The reference will include the ability for Lot 2 Block 1 to drain to the Northland Holding Pond with the lee to be determined upon development. Dege clarified that the proposed Development Agreement only applies to Lot 1 Block 1 Indian Hills Park Plat and the construction of a 44 unit apartment complex. The Agreement will be modified to include the SW AF of $ .20 per square foot of net developable property with credit provided for costs incurred for the expansion of the Storm Water system from the outfall line. I Hosch stated he does not have an issue with the Developer's Agreement and feels it conforms with the City's Ordinances. However, Hosch requested that the Agreement be modified to include language that if 1 I 1 I May 15, 2003 Page 7 0(11 and when Cedar Street is extended north and east, exiting at Northland Drive, the driveway for the apartment complex should be vacated. Hosch stated it is his opinion that re-designing Cedar Street would benefit both Lambert and the adjoining neighborhood. I Lambert stated he is opposed to amending the Agreement to include language regarding the re-design ¡'Of Cedar Street as he is asking the Council for site plan approval and re-design of Cedar Street is not necessary for his development. Further, the Ordinance states that all properties are allowed one curb qut and he is requesting such. Lambert stated that he welcomes the opportunity to negotiate in good faith I with the City on the future of Cedar Street and questioned who he should meet with to start the proces$. The Councii was in general agreement that the Administrator can coordinate the negotiations and forward information to the Council as needed. I Utsch stated that originally he was opposed to the access requested by Lambert and believed that the I' property would best be served with one access serving both Lots 1 and 2. However, the Engineer provided information that safety is not compromised by allowing separate accesses for each lot he is not in a position to provide information to the contrary. Utsch encouraged the Council to negotiate with I Lambert for the realignment of Cedar Street but does not believe the resolution shouid be tied to the development plan before the Council at this time. Wick and Rassier concurred with Utsch and encourage the Council to keep an open mind while discussing the realignment. ' Rassier made a motion authorizing the Mayor and Administrator to execute the Developer's Agreement between Summit Management and the City of 51. Joseph as recommended by the ' Planning Commission and including the revision to include the SWAF. Ayes: Rassier, Wick, Rieke, Utsch Nays: Hosch Abstain: None Motion Carried: 4:1:0 Lambert requested that the City complete discussion on the realignment of Cedar Street within 90 days as it could have an impact on the development of Lot 1 Block 1 Indian Hills Park Plat. Lambert stated that In the process of securing a building permit for the apartment complex, he was charged a Plan Review Fee and questioned if the City has adopted such a fee. Building Official Nancy Scott clarified that the City has established a plan check fee for all commercial and industrial permits and according to the State I Building Code, a multiple family structure is considered commercial. Therefore the City is within their rights to collect the plan check fee. Lambert informed the Council that since Lots 1 and 2 Indian Hills Park Plat will be draining to the Northland Holding Pond, the existing easement on said lots can be relieved. The Council agreed to 'review this matter at a later meeting. CITY ENGINEER REPORTS Northland Plat Seven _ Advertisement for bids: Bettendorf reported that the plans and specifications have been completed for the utility expansion for Northland Seven. As the City is bonding for the improvement the Council must authorize the advertising for bids for the improvements. I , Rieke made a motion approving Resolution 2003-_, authorizing SEH to advertise for bids for the improvements for Northland Plat Seven. The motion was seconded by Rassier and passed I unanimously. Pavement of Parkin a Areas: Bettendorf requested that the Council make a final determination on , whether or not the parking areas in Millstream and Memorial Park will be improved as part of the 2002 Street Improvement. The Council in 2002 requested that a feasibility report be prepared for the I improvement of the parking areas for the aforementioned parking areas. When reviewing the parking areas, it was noted that the improvement would require more work then simply installing bituminous. 1 It was the intent of the Council in 2002 to fund the parking lot pavement through the bond proceeds that were issued for the 2002 Street Improvement. It was not anticipated that the project would require a "- . ^ ~ -"' I May 15, 2003 Page 8 of 11 considerable amount of drainage detail. The parking area for Monument Park has already been completed as it did not require any additional work other than laying bituminous. Bettendorf stated the contractor for the 2002 Interior Street Project is willing to complete the additional work but the Council needs to make a decision if they are willing to move forward. I Bettendorf presented the Council with a financial breakdown of the 2002 Street Projects, including: County Road 121: St. Joseph Business Park; SE Utility Extension; Interior Street Project. The City issued bonds in the amount of $ 4.7 Miilion and at this time it is anticipated that the City will have excess bond funds in the amount of $ 325,000. Hosch stated it is his opinion that the improvement projects for Memorial and Millstream Park should not be completed at this time in lieu of pending legislative aid reductions. Hosch stated that if the Council is inclined to move forward with the improvements, he would request a detailed cost analysis of the total project costs. Rieke questioned the procedure for expending excess bond revenues. Bettendorf responded that bond proceeds are designated funds and cannot be used for General Fund purposes. The excess funds remain in the designated bond fund and accrue interest. If excess bond funds are available and the bonds require a tax levy, the excess funds can be used to reduce the annual levy. Hosch stated that he recalls Bond Counsel, Monte Eastvold cautioning the City that due to the large number of prepaid assessments the bond fund has the potential of creating a negative fund balance during the last years of the fund. Eastvold recommended the Council continue to monitor the funds and increase the levy if required. Rassier stated it is his opinion that the City will be making a mistake if the excess bond funds are used for improvements to Millstream and Memorial Park. The project has not be completed and it would not be prudent to expend funds only to create a shortfall for the intended project. Further, Rassier stated the I City should make provisions to assure that the 2002 Street Improvement Bond Fund remains self sufficient. CONSTRUCTION UPDATE East Baker Street: Bettendorf reported the portion of Baker Street East that lies between College Avenue and 1 $I Avenue Southeast (west entrance to Kennedy school) has been added to the Interior Street Project. The Street Improvement includes replacement of the bituminous surfacing and curb/gutter with the sidewalk remaining intact. Bettendorf anticipates the project to be completed by the end of June 2003. Countv Road 121: Bettendorf reported the County is working on completing the sod and driveways along County Road 121 and expects the work, including the paving, to be completed by mid June 2003. Downtown Beautification Proiect: Bettendorf reported that Heartland Stone will be arriving in approximately two weeks to finish installing the paving stones and Design Electric anticipates completing the light installation by the end of May. Sanitary Sewer County Road 121: Bettendorf reported that he has contacted the sub-contractor responsible for the utility line installation and required that all the sewer lines be cleaned and televised so the City could determine of the sewer lines are operating and installed to the satisfaction of the City. Bettendorf stated that the original report that was received was unacceptable as the pipes contained a considerable amount of debris and it was hard to determine if the joints were "driven home". Bettendorf stated he has recently received a second television report of the sewer lines after the pipes I have been cleaned. Bettendorf stated the new report indicates that the sewer line alignment is good, the pipe is round, tight, solid, and does no have any squashing or defiection. However, a number of joints have not been securely fastened at the joints or have not been "driven home". When joints are 1 I 1 i May 15, 2903 t d th I'd' t b II h th' k t' Wh .. t· "d' hi " .t . l'dPage 9t tOhr connec e ey s I e In 0 a e were ere IS a gas e ., en a JOin IS riven ome I IS S I e pas ,e bell and past a gasket, once the gasket has been passe!d the joint stops. The joints then have an overli3p of 4 to 4% inches and the gasket is not visible. i The report presented to the City indicates that a number of joints have a gap of 1 to 1 %" which is not I uncommon in the pipe installation industry. However, there are joints that have gaps exceeding 1 % I inches and in some areas the gap is 3 to 3 % inches and the gasket is visible. Bettendorf stated he has concerns with the gaps that exceed 1 % inches and recommends the City consider requiring the, I contractor to repair the joints using the cast-in-place pipe method. This procedure would not require excavation of the pipes. Rather, a lining is installed in the pipe using access from the manholes and oQce the lining is in place water is fiushed through the pipes causing the lining to expand and create a seaL I The lining has proven to be extremely durable and the City has recently used this process on Date Stréet East. ' Hosch questioned Bettendorf as to how frequent he has seen joint gaps exceeding 1 % inches. , Bettendorf replied stating this is his first time he has seen it. However he stated that he has spoken to'a number of engineers in surrounding communities and found that this issue is fairly common. . I Bettendorf stated that in addition to lining the pipe he would recommend the City required the contractor to provide the City with a five year performance bond on the sewer line so that in the event the lining isl not successfui the City would have the resources to complete the necessary repairs. Utsch stated that he has received concerns from residents that they should have to be responsible for a poorly installed sewer line and do not wish to be assessed in the future for the repairs if the line becomes problematic. i , , i Hosch stated as a good faith effort, he recommends the City guarantee the residents that they will not ,be assessed for repairs or replacement of the sewer line for the next 20-years. Rieke stated it is his opinion that the City should deal with the issue now to either fix the pipe line correctly or obtain a performance I bond to secure the future of the sewer line for all the residents of St Joseph, current and future. Wick I questioned If the City could determine the amount of the performance bond so that the total expenses, 'would be covered in the event the City would need to excise the rig"ts to the bond. Bettendorf stated he contact the City Attorney for an opinion on this matter and report back to the Council. , f Hosch expressed frustration with the project and the performance of one of the sub-contractors. Hosch stated that the County Road 121 project did meet the expectations during the construction and phase !and feels it is important for the City to secure any assurances for performance before the project is closed! I i 2002 Interior Street: Weyrens reported that Kay Lemke ,is requesting reimbursement for the apron that was replaced on her property. The apron was scheduled to be replaced as part of the project. Howeiter, since Lemke was in the process of completing additional concrete work she performed the restoration , herself and is seeking reimbursement. Bettendorf stated it is not uncommon for municipalities to i reimburse residents for restoring property that would have been restored as part of the improvement I project. The resident Is typically reimbursed the same amount that would have been assessed and tHe resident must provide proof of payment before reimbursed from the City. ' I I Wick made a motion to authorize the reimbursement of $ 63.00 to Kay Lemke for the replace of the driveway apron that was scheduled to be replaced as part of the improvement project. BeforE! reimbursement, the City must be provided a paid receipt verifying the work has been completed. The motion was seconded by Utsch and passed unanimously.! I SE Utilitv: Bettendorf reported the storm sewer is scheduled to be installed in Lynx Road within the next seven to ten days. Utsch questioned if the City has received notification from St. Joseph Township as to whether or not they will contribute for the improvement of Lynx Road as it was in dire need of repair when the property was annexed. Weyrens reported that St. Joseph Township has indicated that they wiH I review Lynx Road as part of their annual road inspection and make a decision as to whether or not they will make a monetary contribution. Utsch questioned if the City receives a contribution if it will go dirèctly , to the adjoining homeowners or as an offset to the entire project. It was clarified that the contributionl will go to the adjoining property owners. ...J May 15, 2003 Page 100f11 MAYOR REPORTS Ordinance Revisions - Exterior Requirements: Hosch recommended the Planning Commission consider I amending the Ordinance regulating R-3 and require all multiple family dwelling units to meet the same exterior requirements as the Highway Business Zoning District. County Board Meetina: Hosch reported he will be attending an upcoming Steams County Board meeting on behalf of the City of SI. Joseph and will be discussing the following items:: 1. Truck Traffic on Minnesota Street - Request the County to sign 2"" Avenue NW as the designated truck route. Rieke requested that signage be included on County Road 133 directing truck traffic to County Road 75 and then 2nd Avenue NW. Currently trucks are crossing CR 75 and using Minnesota Street East. The Council also discussed road weight restrictions and the enforcement of such. 2. Signalization at CR 75 and Northland Drive - The intersection at Northland Drive and County Road 75 is in dire need of a signal light. Hosch stated the housing development north of CR 75 has raised the need for the signal light. Budaet Update: Hosch reported he spent two days at the Capital urging Legislators to not reduce Local Government Aid to resolve the State Budget issues. The proposal before the Legislature illustrated that the City of St. Joseph would lose Government Aids in the amount of $285,000. An amendment had been presented at the House of Representatives adding transit funding to the formula, which primarily benefit the suburban Cities, saving large cuts to the Greater Minnesota Cities. Unfortunately the amendment failed and the City of St. Joseph will lose an estimated 20% of Government Aid. Curb-Cut Restrictions: Hosch stated that a resident has expressed concern with the curb cut limitations in R1 Zoning Districts. Weyrens reported the Ordinance currently regulates that each residential property can have one curb cut, not exceeding 24 feet in width. A resident on Gumtree Street has removed the I curbing and had intended to install a 39-foot curb cut. The Planning Commission will be reviewing this matter on June 2, 2003. COUNCIL REPORTS RIEKE Ethics Committee: Rieke questioned Hosch as to the status of the formation of the Ethics Committee. Hosch stated that he has not received an applications for interested persons to serve on the Board but will continue to pursue the formation of the Ethics Committee. Miscellaneous: Rieke questioned Hosch on the application of Roberts Rules of Order when a motion is made and a second is not received. Is their an established period of time before the motion is declared failed. Hosch replied a motion is not seconded, there is no time frame required before declaring the motion failed, it is a matter of being silent for a reasonable amount of time. RASSIER - No Report. WICK Speed Zones: Wick stated he has some concerns of the speed zones adjacent to Kennedy School and St. Joseph Lab School. Weyrens recommended Wick meet with the Police Chief to further discuss the matter. Softball State Tournament - Parkina: Wick stated he has concerns with the amount of parking spaces I that are available for the State Softball Tournament and if additional parking would be allowed surrounding the property. Wick stated that he would discuss this matter with the Police Chief. 1 I 1 I May 15, 2003 Page 11 of 11 I UTSCH Alcohol Matrix: Utsch questioned the status of the sub committee established to review the Alcohol Matrix. Weyrens stated that City Attorney Tom Jovanvoich is preparing a draft revised Matrix for the Committee to begin discussion. ADMINISTRATOR REPORTS Parkina Lot Security Liahts: Weyrens reported that Baker Eiectric has four surplus fiberglass light pole~ and they are willing to sell them to the City at a discounted rate. In addition to the four light poles a fift~ one is available at no charge as it is slightly damaged. However the damage can be repaired an, I insignificant. Baker Electric is requesting $ 2,300 for the five fiberglass poles and light heads. In addition to the cost of the light poles the City will be responsible for the transportation and installing of such. The light poles will either be used to replace the lights at City Hall or they can be used for the new Public Works Facility. Rieke made a motion to approve the expenditure of $2,300 to purchase five fiberglass security! , lights as requested. Additional costs will include transportation and installation. The motion was seconded by Rassier and passed unanimously. 1 City Council and Plannina Commission Trainina: Weyrens reported that City Attorney Tom Jovanovich has volunteered to provide a training session to the City Council and Planning Commission regarding I land use matters and policies and procedures. The training will be at no cost to the City. Weyrens stated that since the City has new members on both the Council and Planning Commission this would be a good opportunity and the City should take advantage of such. The Council requested that Weyrens make the necessary arrangements with Jovanovich for the training session. . i , Leaaue of MN Cities: Weyrens reported the League of MN Cities has mailed out the Annual Conference information to the City Council members and questioned if the Council is interested in attending the I Conference. The Conference is being held June 18 - June 20 and is in St. Cloud. The budget includes ,funds if all the Members are interested in attending. Rieke stated that he has not received any I I I information from the League of Minnesota Cities and questioned if the Council should be receiving the bi- weekly League Publication. Hosch stated that the Council in 2002 reduced the budget to eliminate th~ subscription to the League Publication as it Is available on-line. 1 Utsch made a motion to authorize the expenditure in the amount of $ 1,475 for the City Council members to attend the League of MN Cities Annual Conference to be held on June 11 and 12 in 51. , Cloud. The motion was seconded by Wick and passed unanimously. Adiourn: Utsch made a motion to adjourn at 9:50 PM; seconded by Hosch and passed unanimously. ~~r?n's ~~strator I THIS PAGE INTENTIONALLY LEFT BLANK I I