HomeMy WebLinkAbout2003 [06] Jun 05
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June 5, 2003
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, June 5, 2003 at 7:00 PM in the St. Joseph City Hall.
City Council Members Present: Mayor Larry Hosch. Councilors Ross Rieke, Dale Wick, Gary Utsch, Ä.J
Rassier. City Administrator Judy Weyrens.
City Representatives Present: City Engineer Joe Bettendorf.
Others Present: Jim Graeve
Approve Aaenda: Rassier made a motion to approve the agenda with the following changes:
Addition 10d.) Lemmer Trucking - Development Approval. The motion was seconded by Wick and
passed unanimously. ;
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Consent Aaenda: Rassier made a motion to approve the consent agenda as presented; seconded
by Rieke. i I
a. Bílls Payable - Approve check numbers 32814 - 32901 I
b. Minutes - Approve Joint EDA and City Council minutes for March 19, 2003 and Joint City Council and
Planning Commission minutes for May 28, 2003. !
c. Application for Payment No.5; 2002 Street Improvement Project - Authorize the Mayor to I
execute Pay Application No.5, for the 2002 Street Improvement Project and authorize payment to RL
Larson Excavating in the amount of $79,212.93. ' I
d. Change Orders No.3 and 4; 2002 Street & Utility Improvements Project - Authorize the Mayor
to execute Change Order Request NO.3 in the amount of $21,683.25 for the reconstruction of Baker
Street East and Change Order No.4 in the amount of $6, 108.00, for the paving of Monument park.
e. Application for Payment No.3; Shingobee Builders, Inc. Maintenance Faci/ity Bui/ding-
Authorize the Mayor to execute Pay Application No.3, for the Maintenance Facility Building and I
authorize payment to Shingobee Builders, Inc. in the amount of $83,421.
f. Maintenance Worker - Authorize the advertisement and hiring of two Maintenance Workers, one to
replace a retiring employee.
g. Re-allocation of Grant Funds - Authorize an amendment to the DTED Grant to transfer $7,000 to
General Administration. I
h. Capital Purchase Request - Authorize the expenditure of $1,655.40 to Granite Electronics for the
installation of equipment in the new patrol car.
Discussion: Wick requested the minutes of March 19, 2003 be corrected to list EDA Director
Joanne Foust as being present and to correct the minutes of May 28, 2003 to reflect the following
changes: Green Lake should be changed to Big Lake and also the Stearns County plan that I
indicated that 8E1' Avenue was to be extended to County Road 75 should be changed to County
Road 121. i
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Hosch stated that he supports the replacement of the retiring Maintenance Worker but has
concerns with adding additional staff due to the budget deficit. Hosch requested further
discussion on whether or not to hire the second Maintenance Worker later in the meeting.
Rassier amended his motion to allow for the hiring of one Maintenance Worker and to allow for
additional discussion later in the meeting before hiring the second Maintenance Worker. Riek';
accepted the amendment and the motion passed unanimously.
Public Comments: I
'Jim Graeve of 619 Minnesota Street E., approached the Council regarding the owner occupied rental I
units in R1, Single Family Zoning Districts. Graeve suggested the Council review imposing rental density
requirements in residential neighborhoods. Limiting the number of rental units in a residential . I
neighborhood would prevent over-saturation rental units in older neighborhoods. Graeve further stated
that limiting the number of rental units in a neighborhood would also preserve the older housing stock for
June 5, 2003
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affordable housing. Graeve requested the Council impose a rental license moratorium on all property
between College Avenue and 3'd Avenue East between Ash Street and Minnesota Street so that the _I
Planning Commission could further research density alternatives. Rassier stated it is his understanding
that if a moratorium is instituted, it must apply to an entire zoning district, not just a section of the zoning
district. Rieke stated it is his understanding that the Planning Commission has the ability to provide input
to the Council on a regular basis and a moratorium should not be needed.
Hosch stated he agrees with having a density limitation within neighborhoods and clarified that if a
moratorium was implemented at this meeting, it would not affect the Interim Use Permit Application of
John and Kathryn Kalkman. Hosch stated that the Planning Commission has the authority to discuss a
possible moratorium and make a recommendation to the City Council.
Graceview Estates 2. Final Plat - Bob Heraes: Weyrens reported the City Council in 2002 approved the
Preliminary Plat for Graceview Estates and the Final Plat for phase one of the development. The
Developer's Agreement required that before any future phases of Graceview could be constructed, the
north access road must be constructed and available for construction traffic. Weyrens stated that
Graceview Plat 2 has been reviewed in relation to the approved preliminary plat and the design is
consistent with what has been approved. The only outstanding issue is the Engineering requirements
and the finalization of the easements with the College of St. Benedict and St. Cloud School District 742.
The recommended City Council action is it to approve the Final Plat for Graceview Plat 2 contingent upon
the approval of the City Engineer and authorize the Mayor and Administrator to execute the Developer's
Agreement when all outstanding issues are resolved. (Design standards and the City has received the
executed easements.)
Rassier questioned what streets will be constructed with phase two that would accommodate construction
traffic. Bettendorf responded that according to the Development Agreement for Graceview Estates Plat
One, Callaway Street must be available for construction traffic. Bettendorf further stated that utilities will
be constructed in the ROW for Field Street and that road may be available as well for construction traffic.
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Graceview Developer Rick Heid stated that it would seem most logical to use Field Street for construction
traffic as most of the homes will be built closer to Field Street. Trucks hauling construction material would
be more apt to use Field Street than Callaway Street. Wick questioned if Field Street is the same street
for which the City has received federal funding for a traffic study and if so, what affect will a construction
road have on the study. Bettendorf stated that he is hesitant to use Field Street as a construction road
since the City will be conducting a transportation study. The purpose of the Transportation Study is to
identify possible locations for a road and if a road is constructed before the study is complete it may pre-
determine the location of the road or limit the options of the study.
Utsch stated it was his understanding that a construction road was required with the first phase of
Graceview and before the phase two could begin the final road was to be completed. Rassier stated it is
his opinion that Callaway Street should be constructed as part of phase two. The Council assured the
residents at the public hearing that a road would be constructed. Rassier stated that the Council should
decide which road is required to be constructed, Callaway, Field Street or both, and it should be a part of
phase two.
Hosch stated he had the opportunity to review the minutes of previous Council meetings regarding
Graceview Estates and the City Council assured the residents that a construction road would be available
before the second phase could be developed. In addition, the City recognized that the developer should
be responsible for part of the costs for the construction of Callaway Street and required the Developer to
contribute $ 250 per acre for the future roads. This same requirement should be included in all the
phases of Graceview Estates.
Utsch questioned Heid if his contractors are aware of the roads they are to be traveling on when entering I
and exiting the development. Heid stated that he has Informed the contractors to use 12th Avenue and
East Baker Street but unfortunately he cannot control which roads the drivers use. Bettendorf stated that
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June 5, 2003
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the City has posted the most of the streets as 5 ton roads forcing construction trlffic to use approprlatJ
roads. 1
Bettendorf questioned the names of the streets within the development. While he does not want to
second guess the Planning Commission if they have approved the names, but the following two street I
names should be reconsidered: Kara Court and Elena Avenue. Elena Avenue is not consistent with the
St. Joseph Street Naming Ordinance and Kara Court is too similar to Cary Court and could cause I
problems for emergency services.
Bettendorf questioned if the area designated on the plat as Field Street is deSig~ated as an easement bs
it is not included on the preliminary plat. Heid responded that it should be an easement as the actual I
utilities will be placed in the same area. Bettendorf requested to review this matter further to assure the
City has the necessary rights to use the property for utility installation and a possible road.
Wick made a motion to approve the Final Plat for Graceview Plat 2 with the following
contingencies: i
1. Approval of the City Engineer I
2. Change the names of Kara Court and Elena Avenue
3. Provide assurance that the needed easements have been recorded or established
for future use.
4. Approval of the City Attorney
This motion further authorizes the Mayor and Administrator to execute the Developer's Agreement
when all the contingencies have been satisfied. The motion was seconded by Utsch and passed
unanimously. i
Wobeaon Trail Addition, Final Plat - Lance Honer: Weyrens reported the Planning Commission
conducted a public hearing on May 5, 2003 for the platting of property owned by Lance Honer. The
property is located north on County Road 2 adjacent to the abandoned railroad tracks. The property has
recently been annexed and a condition of annexation was that the property would be platted within 121
months of annexation. Honer has presented the Planning Commission with a development plan to i
construct a 69 unit apartment building on the same site. At this time the Council is only considering the
final plat and the Planning Commission has recommended the Council approve the plat contingent upon
the approval of the City Engineer and City Attorney. Weyrens further stated that the property has been
reviewed by Stearns County Environmental Services and they have determined that the plat is exempted
wetlands and they have approved the proposed plat. I
Rassier made a motion to approve the Preliminary and Final Plat for the Wobegon Trail Plat as
presented by Lance Honer with the following contingencies: I
1. Approval of the City Engineer .
2, Approval of the City Attorney
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The motion was seconded by Hosch and passed unanimously. i
Discussion: Bettendorf stated that the plan presented by Honer was one of the most complete
plans he has had the opportunity to review and commended them for their efforts.
CITY ENGINEER REPORTS
Liberty Pointe - Reauest for authorization to advertise for bids: Bettendorf reported the construction
documents have been completed for the Liberty Pointe housing development. Since this project is a ç:ity
project, publicly financed, the Council must authorize the advertisement for bids. Wick and Rassier i
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questioned if the private streets have been included in the construction plans as the City cannot finance
private streets. Bettendorf responded that the private streets are included in the construction plans but
they are not included in the financing. It is not feasible to award two contracts for the same project 1
separating out the private streets. The construction and financing of the improvements are two separate
issues.
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Utsch made a motion authorizing SEH to advertise for bids for Liberty Pointe Housing
Development, with an anticipated bid opening date of June 27, 2003. The motion was seconded
by Wick and passed unanimously.
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2002 Street proiect Update: Bettendorf reported the contractor for the 2002 Interior Street Project is in
the process of completing the finishing work. The majority of the sod has been laid and the final lift of
bituminous has been constructed. Bettendorf also reported that the one block portion of East Baker
Street that was schedule to be overlayed is under construction at this time and should be finished shortly.
Rieke stated he was disappointed that the City did not widen the radius at the intersection of 2"" Avenue
NW and County Road 75. The pavement area Is not large enough for trucks to maneuver the comer and
the sod is being destroyed as a result. Bettendorf stated that he will review the intersection to see if the
area can be paved or repaired.
Allev Pavement Reauest: Bettendorf presented the Council with a request by Dr. Michael Contardo to
pave the east/west alley adjacent to his property on 2nd Avenue NW. Contardo has indicated that he is
willing to pay for additional costs if the adjacent property owners are not willing to pay for the
improvement. Bettendorf reported that if the alley were to be improved, four property owners would be
affected. This project was originally part of the 2002 Street Improvement Project, but due to the
opposition of the majority of affected residents, the alleys were removed from the project. Weyrens
reported that she has contacted one of the affected property owners and questioned if they would be
willing to pay an assessment for the alley improvement. The property owner indicated that they would
consider such after reviewing the probable costs.
Hosch stated it is his opinion the affected property owners should be surveyed to determine their interest
in the improvement and probable assessment. Rieke stated it is his opinion that alleys that benefit more
than the adjoining property owners should be assessed differently than those that are more private in I
nature. He further stated it is his opinion that residents are more willing to make an investment in an
improvement if they are a direct beneficiary. However, if the improvement area is a general traffic area
they do not see the benefit of the improvement, nor do they desire to pay the entire cost of the
improvement. Rieke stated that the alley abutting the Contardo Dental Clinic is widely used. Utsch
concurred with Rieke and stated the City may wish to assess commercial alleys different than residential
alleys based on the use of the road.
Rassier questioned Bettendorf if he has prepared probable costs for the improvement. Bettendorf
responded that the probable costs should be the same that was assessed for the 2002 Interior Street
Project, approximately $23.00 per foot. Bettendorf stated that the Public Works Director has indicated
that the alley being discussed at this time has an unusual amount of gravel that has been laid over the
years and it may be possible to pave over the top of the existing surface, reducing the cost of the
improvement. The Council was in general agreement to survey the affected property owners to see the
willingness to accept an assessment for the proposed improvement.
Countv Road 121 Sanitarv Sewer: Bettendorf reported he along with the Public Works Director and
Wastewater Operator have had the opportunity to review the televised tapes of the sanitary sewer along
County Road 121. Due to the number of joints that have excessive gaps, Bettendorf notified Stearns
County that the City is not willing to accept the sewer improvements as installed. The letter further stated
that the City is requesting the contractor iine all joints with a gap over one inch and provide the City with a
20 year warranty bond. Bettendorf,stated that the lining of the sewer pipe can be completed without
removing the bituminous surface. The City will not accept the utility project until the requested repairs
have been completed.
Stripina of Newlv Paved Streets: Bettendorf reported the striping of the streets will be completed by each
contractor. Stearns County will be responsible for the striping of College Avenue/County Road 121.
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June 5, 2003
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MAYOR REPORTS
Stearns Countv Meetina - June 17. 2003: Hosch reported that he is still working with Stearns County
regarding truck traffic on County Roads, Northland Drive stoplight proposal, and the County Road 121
Improvement
Tax Bill: Hosch reported with the new funding formula enacted by the 2003 Legislature, the City will lose
approximately 41 % of Local Government Aid. It was originally anticipated that the City would lose
$197,353 in LGA and the latest project indicates that St. Joseph will lose $325,000 which is i
approximately 23% of the St. Joseph General Fund Budget. Hosch extended an invitation to the City of
St. Joseph's Representative and Senator to approach the Council regarding the¡ recent tax cuts., I
Maintenance worker - 2nd position: Weyrens reported that the Public Works Director is requesting the
Council reconsider hiring an additional Maintenance Worker. Before Legislature began in 2003 the I
Council had authorized the advertisement and hiring of an additional Maintenance Worker. However, ,
when it was determined that Cities would lose a significant amount of LGA, the Council placed a freeze
on hiring the additional staff member. Due to the increased work load of the Maintenance Department,
Taufen is requesting the Council reconsider their hiring freeze and authorize the additional staff member.
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Councilors expressed concern with the proposed LGA cuts and questioned how the City of St. Joseph'will
absorb the proposed cuts. Wick requested the Council establish a special meeting to review proposed
budget cuts in anticipation of lost aid. Weyrens stated that the Department Heads have been asked to
review their budgets and submit a revised budget for Council consideration. Weyrens presented the I
Council with the May 2003 financial report illustrating the current budget versus year-to-date ,
expenditures. The Council agreed to discuss this matter further on June 10 at a special Council meeting
to review the proposed budget cuts and financing alternatives.
Website: Hosch questioned the status of the Website and if current information will be placed on the kite
soon. Weyrens responded that the intern working on the Website has quit and the staff will continue
working on updating the site as time permits.
COUNCIL REPORTS
RIEKE
Internet Service _ Industrial Park: Rieke questioned the status of providing internet service to the I
Industrial Park. It is his understanding that some of the business have requested high speed internet '
service and it is currently not available. Weyrens stated that Municipal Development Group is in the
process of contacting the businesses In the Industrial Park to determine the interest and what type of
service Is requested. Once this information has been obtained a meeting with the cable provider will be
established. i I
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Utilitv Franchise Fee: Rieke questioned the status of the implementation of the Utility Franchise Fee. ¡
Weyrens stated she along with the City Attorney are working with the utility companies to establish thè
, rate and prepare the necessary amendments to the franchise agreements. The utility franchise fee will
be implemented in January 2004. i
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RASSIER
Historical Socletv: Rassier reported the Historical Society is recommending the City purchase or leaSe
the former Knight Builders, Inc. facility located at 35 College Avenue North for future expansion of CitY
Hall. Hosch concurred and stated that it would logical for the City to purchase the building if the property
is available and the City can provide the resources to purchase the building. Weyrens reported that she
has met with the realtor and requested the City be provided a first option for purchase. '
WICK
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Developer's Aareement - Affordable Housina Committee: Wick questioned the status of the Developer's
Agreement for the Affordable Housing Committee. Weyrens reported she has received the language for
the Developer's Agreement and it will be include as part of the Agreement.
St. Joseph Recreation Association: Wick reported the St. Joseph Recreation Association met on June 1,
2003 and have purchased two picnic tables for Millstream Park to be located by the softball fields.
School Zones: Wick reported he has spoken with Stearns County regarding establishing school zones
on Minnesota Street and County Road 121.
UTSCH
Ordinance Issues: Utsch reported the Planning Commission will be meeting to discuss proposed
Ordinance Amendments including setback requirements, exterior requirements for R3 Zoning Districts
and maximum curb cut width for R1 Zoning Districts.
County Road 121 Reimbursements: Utsch reported he had been approached by several residents who
live along County Road 121 regarding the late fees assessed the contractor for not completing the project
by the deadline. Utsch questioned if the City has received any late fees and what happens to the funds
when they are received. Weyrens stated that the fine is considered liquidated damages and they have
been charged to the contractor. However, the City has not received any of the damages and it is
uncertain when and if we will receive any. At the time the City receives any damages it will be forwarded
to the Council for consideration.
Lvnx Road: Utsch questioned the status of Lynx Road and if St. Joseph Township has considered paying
a portion of the improvement. Weyrens reported the Township will be considering this matter on June 9,
2003.
Ordinance Book: Utsch questioned the status of the St. Joseph Code of Ordinance book and when it will
be ready for distribution. Weyrens reported the Attorney's office is still in the process of making the
necessary corrections as the process is more complicated than anticipated. The entire City Code must
be converted to a new software program. As soon as the books are available they will be distributed.
ADMINISTRATOR REPORTS
Discussion on eliaible Bonds for refundina: Weyrens reported the City has four bond issues that are
eligible for refinancing. The bond issues include: 1997 for the Fire Hall, 1992 East Baker Street
Improvement, 1993 East/West Minnesota Street Improvement, and 1996 East Minnesota Street
Improvement. The bond market is at a 45-year low and the City Council must determine if they wish to
refinance the bond issues and when they would like to do so. Weyrens recommended the Council
refinance at this time as it is uncertain as to how long the interest rates will remain at their low point. It is
anticipated that the fiscal impact of refinancing will result in a savings of approximately $ 250,000 in
interest. The Council was in general agreement to request Bond Counsel to refinance the
abovementioned bond issues.
Citv Council Meetina - Julv 3.2003: Weyrens reported the first meeting in July is scheduled for July 3,
2003. Due to the Community Fesitval beginning in the evening of July 3, Weyrens questioned if the
Council wished to change their meeting date to July 2, 2003
Rieke made a motion to move the regularly scheduled City Council meeting on July 3, 2003 to July
2, 2003 due to the 4th of July Community Celebration. The motion was seconded by Utsch and
passed unanimously.
Bids - Northland Plat Seven: The bids for Northland Plat Seven are being opened on Friday June 6,
2003 and are scheduled to be accepted by the Council on June 19, 2003. The developer is anxious to
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June 5, 2003
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get started and is questioning whether or not the Council would consider meeting specially on June 9 or
10. The meeting should only take approximately 10-15 minutes- and can be done at the convenience of
the Council. The Council agreed to meet at 7:00 AM on June 10, 2003 to award the contract for the 1
improvements for Northland Plat Seven.
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Transportation Meetina: Weyrens reported the City and Township wiil be meeting jointly on June 25,
2003 to discuss future transportation planning. The meeting is a result of the plat submitted by Arcon
Development (HeimiBechtold Property).
Lemmer Truckina: Weyrens presented the Council with a proposed Development Agreement for Lemmer
Trucking. Lemmer Trucking has submitted a development plan to construct a loading dock on 19th i
Avenue NE. The Planning Commission had reviewed the Development Plan and required that the i
property be brought into compliance before the Development Agreement is executed. Weyrens reported
that Lemmer Trucking has satisfied all the requirements of the Planning Commission and requested the
Council authorize execution of the Developers Agreement as recommended by the Planning
Commission.
Rassier made a motion authorizing the Mayor and Administrator to execution the Developer's
Agreement between Lemmer Trucking and the City of 51. Joseph as recommended by the
Planning Commission. The motion was seconded by Wick and passed unanimously.
Council Revenue Monthlv Report: Weyrens presented the Council with a revised monthly financial report
and requested that the Council review the information and contact her if they would like additional I
information or have questions on the submitted report. If the Council is acceptable to the revised format it
wiil be submitted monthly in addition to the account detail. The Council generally agreed to the revised
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Adiourn: Wick made a motion to adjourn at 8:45 PM; seconded by Utsch and passed unanimously.
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