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HomeMy WebLinkAbout1997 [11] Nov 20 I I I Page 3235 November 20, 1997 Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session at 7:00 p.rn. on Thursðay, November 20, 1997 in the new St. Joseph Community Fire Station. MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit; Clerk! Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Dick Taufen, Joseph Bettendorf, JohIt Scherer, Chad A. Carlson, Ken Heinen, lanet Ophoven" Steve Streng, Mary Christen Czech, Chuck Czech, Tim Stang, Kim Schmitz, Will Schwindel, Bob & Ellen Wahlstrom, Dave Lodeméier, Mark Plantenberg, Daniel Nierengarten, Dennis and Connie Loechen, Robert E. Rice, Michael Tadych, Dennis Emery, Mary Krafuick, Lee Zipp, Alan Beste, Joan Loch, Mr. & Mrs. Ray Rueter, Mr. & Mrs. Anton Dingman, Steve Dehler, Dan Schmitz, Andrew Brixius, Mary Ann Graeve, Jim Graeve, Nel Pfannenstein, AI Pfannenstein, Jean Dehler, Marjorie Lesnick, Michael Deutz, Larry Grimsley, Mark Lambert, Irene Lambert. Mayor Hiemenz called the meeting to order <It 7 :00 p.m. with all Councilors þresent. AGENDA: Loso made a motion to approve the agenda; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. PUBLIC IMPROVEMENT HEARING - 1998 STREET IMPROVEMENTS: Mayor Hiemenz opened the Public Hearing with Clerk! Administrator reading the "Notice of Hearing on Improvement." . Notice of Hearing on Improvement Notice is hereby given that the City Council for the City of St. Joseph will meet at the S1. Joseph Community Fire Station, 323 - 4th Avenue NEat 7:00 p.m. on Thursday, November 20,1997. The purpose of the hearing is to consider the making of the below described 1998 Street Improvements and assessing the costs to the abutting property owners pursuant to Minnesota Statutes, Sections 429.011 to 429.111. ReconstnJction: The eastlwest alley - Block 9, Original Town from First Avenue NW to College Avenue North; Fourth Avenue SE from Baker Street East to Minnesota Street East; Fifth Avenue SE from Baker Street East to Able Street East; Able Street East from Fourth Avenue SE to Fifth Avenue SE; Western Court from Fifth Avenue SE to the end; Eastern Court from Sixth Avenue SE to the end. OVerlay: The eastlWest alley - Block 11 Original Town from Second Avenue NW east to mid block; The northfsouth alley - Block 11 Original Town from Ash Street West north to mid block; Sixth Avenue SE from Baker Street East to Able Street East; Able Street East from Fifth Avenue SE to Seventh Avenue SE. i I Reclaim: First Avenue NW from Date Street to north end; College Avenue N from Date Street to the Railroad Tracks; Eighth Avenue SE from Baker Street East to Able Street East; Tenth Avenue SE from Baker Street East to Able Street East; Able Street E from Eighth Avenue SE to Tenth Avenue SE. The estimated cost of the improvement is $ 470,000. Such persons as desire to be heardwith reference to the proposed improvement will be heard at this meeting. . City Engineer loe Bettendorf gave a presentation of the proposed improvements as well as proposed costs. He discuss~HJ:¡~ areas proposed for overlay, reconstruction and reclaim (a P;¡ge 3236 November 20, 1997 process whereby the existing bituminous surface is reprocessed and re-used resulting in a street with a longer expected life than an overlay), with a revised estimate of the total propòsed cost of $436,300. He also discussed the proposèd assessments and property owher responsibility. If the project is approved by the Council there will be an assessment hearing to consider the assessments to the affected properties. If the project is approved it is anticipated the bidding process will be in February, with construction to begin in April. I The Public Hearing was opèned to comments ITom the public. (Unless otherwise noted all comments are from residents.). COMMENT: The City will pay 40% of the costs but the property owners willlhave to pay assessments as well as being taxed for the City's share. 8th Avenue SE and Able Street do not need the improvement. COMMENT: A property owner stated she is selling her house, has the closing scheduled, and can't close because of this proposed assessment. She questioned why she is obligated to pay assessments for an improvement that will not benefit her because she won't be living there. COMMENT: A petition was given to Mayor Hiemenz from residents on East Able Street and 8th Avenue SE {)pposing the street reconstruction improvement on East Able Street, Tenth Street and Eight Street. The Mayor acknowledged receiving the petition. COMMENT: An individual in attendance noted the condition of the street on 6th Avenue SE is not too bad; seal coating conld help. COMMENT: Steve Dehler requested a detailed history of the streets seal coatOd in St. Joseph. (This information was not available.) Dehler further discussed various repairs from the past 25 years. He was of the understanding that the City's policy was to assess the property owner 60% on the construction and . .repair wonld be 100"10 City cost. Bettendorf stated the design life of streets is 20 years. Assessment policies are Council decisions, but most Cities can not afford to bear 100% of the costs and assess back through some formnla. I COMMENT: Ken Heinen stated there bas been minimum maintenance on his street, with seal coating once in the past 25 years. He also questioned the assessment formnla using front footage. He felt it is not a fair method when cul-de-sacs are considered. Also the heavy truck traffic tend to break the roadway down. Mayor Hiemeuz stated the City recently approved a street maintenance/improvement plan. Heinen also recommended the City establish a maintenance prgoram funded through general levy taxation. COMMENT: Mary Ann Graeve asked if the Conncil has the ability to stop senri's from coming throngh our City and bas the Council done anytIiing about it. The trucks driving through our City are improperly using and ruining our roadways. Mayor Hiemeuz responded the Council conld establish some limitations but could not Iimit buses. He also discussed the need to allow garbage trucks and city maintenance vehicles to use the roadways. The routes used by gravel trucks conld be controlled by the developer with street repair being part of the development costs. Graeve·stated other small towns control truck traffic with signs .. No Semis" or mch. I Mayor Hiemenz stated the Council will take this matter to a working session to consider a routing system, taking into consideration garbage trucks, City maintenance vehicles and other necessary traffic. I. I I Page 3237 November 20, 1997 COMMENT: When questioned if consideration is being given for installation of cuIb and gutter for any location other than Eastern Park, Bettendorf responded no. COMMENT: Why is curb and gutter not installed on all blocks? Bettendorf responded that new developments are required to install curb and gutter and it is included in streets when feasible. COMMENT: Jim Graeve stated it is a myth that we need curb and gutter everyplace. He recommended to only require curb and gutter where it is needed COMMENT: Ken Heinen questioned why the City doesn't useblacktop rolled curbs as in past years. Bettendorf stated that type of curb gets a lot of snow plow damage and does not hold up as well. COMMENT: Steve Dehler felt the policy for assessing alleys is not fuir. He felt the number of properties on the alley should be assessed equally. He also recommended reconsidering the assessment formula for cul-de-sacs and corner lots. COMMENT: What would be the life of a street with light traffic? Bettendorf stated the life of a street is considered 20 years. Streets with heavy traffic will show wear sooner. COMMENT: When do you expect this project to be completed Bettendorf stated if plans progress as laid out it would be completed in June. COMMENT: Steve Dehler stated in order to assess property there needs to be a benefit to the property. He felt the improvement would not benefit his property. COMMENT: Ken Heinen stated gravel trucksnsed his street last sunnnel"and questioned the impact on the street. Bettendorf stated those streets are built to handle seven ton (during spring thaw). COMMENT: Steve Dehler asked about the process in determining the scope of the project. Bettendorf stated he and the Street Superintendent did an on site inspection of all the streets and alleys and prepared a five year street improvement plan which was reviewed and adopted by the Council. COMMENT: A petition was received from the Cloverdale area opposing the street reconstruction. The residents on I (}th Avenue were not contacted yet, as many of them are rental properties. COMMENT: Steve Dehler formally requested the south Yo of the west Yo of the east-west alley in Block 9 of the Original Townsite of St. Joseph, be excluded from the project. He stated hé felt the other affected property owners would feel the same. COMMENT: What will the length of the assessment and interest rate? Past assessments have been 15 years at about 7 Yo percent. COMMENT: Ellen Wahlstrom questioned if curb and gutter are for aesthetics. Bettendorf stated as an engineer he feels œrb and gutter is necessary to provide drainage. COMMENT: Ken Heinen questioned if partial payment is allowed on assessments. Partial payments are allowed before the assessment role is certified to the County Auditor. Steve Dehler stated Minnesota statute ¡¡!;lows a resolution to approve such improvement project be adopted ouly by a super majority of the Coç, ~. may be assessed against "property benefited." He did i not feel such improvement would \1e!JGIiI1Iis preperty. I . ; I Mary Niedenfuer discussed controlling:the rontes of gravel trucks for construction through the developerJ She expressed interest in studying controlling truck: traffic. There being no more comments from the public Mayor Hiemenz closed the hearing. P;¡ge 3238 November 20, 195}7 Ehlert recommended looking at each of the project areas and considered them individually. Ehlert also expressed interest in working with Niedenfuer in the truck traffic issue. MINUTES: Loso made a motion to approve the minutes of the October 16, 1997 meeting as presented; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried Niedenfuer made a motion to approve the minutes of the November 6, 1997 meeting "ith the following corrections; seconded by Loso: Page 4 -paragraph 5, line 5 insert "radial" between new and tires. Page 4, last paragraph, "time being kept in order to establish a rate (for such ,mow removal). " Page 5, City Engineer Reports - add 3) Bettendorf also reported one bitumincms lift was laid in Pond VIew Ridge on Pond VIew Lane, Cedar Court, 12" Avenue SE, and Crestview Court. The contractor will be responsible Jar warranting it. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit Nays: None. Motion carried CONSENT AGENDA: After short discussion Mayor Hiemenz stated the Resolution designating franchise fees revenue should include that expenditures of such revenue are subject to Council approval and rracked in the City accounting system. Twit made a motion to approve thecousent agenda as follows, a) Cable Access Cbannel Policies and Procedures & Resolution Designmir,g Franchise Fees Revenue to Cable Access Cbannel Broadcast Use. Refur this matter to the City Attorney fur review and recommendation. b) Approve training to comply with the law requiring all Police O:ffiœrs to lIDdergo conmnmity policing training. c) Approve the growth adjustment to City Assessor's Salary ($8.68 per parcel) Pond View Ridge Four has added 34 additional properties to the City. PUBLIC COMMENTS TO THE AGENDA: Ellen Wahlstrom suggested the cost of street improvements be spread throughont the city through a special assessment. SheaIso stated she was unsure about the need for curbs and gutters, but felt seal coating costs should be borne·\1r the whole city. Mary Arm Gn¡eve questioned the intention of the East Minnesota Street agenda item. Bettendorf stated he had intended to finalize the project, but canceled as it is not yet ready. The «:sponse was plans were to finalize it at this meeting, but it is not ready to be finalized yet. i Ellen Wahlstrom asked if the City has adopted a well head protection plan. The response was the City is working on a plan but has not yet adopted it. BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable. There was a short discussion of severaI bills. Twit made a motion to approve bills payable check munbers 24642 through 24804 as presented; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried The Council reviewed the overtime ánd caIlouts. Mayor Hiemenz stated the City is required to pay overtime within 30 days of earning it. He recommended changing the policy, and the Council concurred, to allow payment of overtime with the pay period when it is earned The Council may continue to review the overtime report. The Mayor stated he had recommended setting up an overtime budget forthe Police I I I I I I Page 3239 November 20,1997 Department during contract negotiations. Council díscussed overtime for winterizing the sweeper for storage. Niedenfuer made a motion to approve the overtime and callouts as presented; seconded by Twit. Ayes: HiemeÐZ, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried MAYOR REPORTS: 1) A Mayor's breakfast was held recently and honored Mayor Chuck Winkelman on his retirement as Mayor of St. Cloud 2) Uponthe Mayor seeing an ad for two nsed motor graders for sale from Todd County, Director of Public Works Richard Taufen and the Mayor looked at them. After short discussion Loso made a motion to submit a bid ofup to $25,000 for a 1986 Champion motor grader, and a bid of not more than $20,000 for an older John Deere grader; seconded by Twit. Discussion - The maximum hids may be $22,000 for the lohn Deere and $25,000 for the Champion. Ayes: HiemeÐZ, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried 3) State Senator Joe Opatz has contacted the EDA Director and the Mayor concerning a study of lightrail for commuters for the North Star Corridor, which includes the railroad ptoperty from St. Joseph to Collegeville. The is slowing down the process to get additional railroad crossings. COUNCILORS REPORT NIEDENFUER: 1) Niedenfuer attended a Connnon Ground Community Based Planning meeting. This planning group gathered citizen input to assist communities in working together. 2) The Minnesota ProjeCt is being further <leveloped with student projects. LOSO: No report. EHLERT: 1) The Planning Commission began reviewing the ordinances with pages 70 to 90 covered at I the last meeting. He invited Council members to give input, with the next meeting on this matter i Æheduled for December i)'h I 2) The Personnel Committee is scheduled to meet November 25 to address and prioritize personnel issues.! TWIT: The EDA Director will report on the recent EDABoard meeting. EDA DIRECTOR REPORTS: 1) The City was recently notified by the Central Minnesota Initiative Fund that the $5,000 grant was award to St. Joseph. 2) Some progress is being made with the Industrial Park with property owner Leo Buettner with proposals offered and counter proposals presented. ' 3) The Governor sent a Certificate to the City for participating in Manufacturers' week CLERK/ADMINISTRATOR REPORTS: 1) Loso made a motion to allow only the current Mayor and current Fire Chief to have keys duplicated for the new Fire Station Building; seconded by Eblert. I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. i Nays: None. Motion carried i i 2) Pawn Shop ordinance will be on the next agenda for consideratio". ROSKE ADDmON - PRELIMINARY AND ~T: L,OSO, , ~ a motion to accept the Planning Commission's recommendation and approv . , ,. Iitniw¡n' and Final Plat for the Roske Addition and clarified the 2% park dedication revenne will be pa;g, when the property is developed; seconded by Ehlert. '.... Ayes: Hiemenz, Looo, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried Page 3240 November 20, 1997 NORTH PARK THIRD ADDmON - PRELIMlNARY PLAT: Mark Lambert spoke on his own behalf. He stated he did not feel he got a fair hearing before the Planning Commission, nor did he receive recommendations on what was wrong with his plat. Ehlert stated the Planning Commission recommended to deny the request after a lengthy discussion. If Lambert really has ownership of the property was questioned as well as his change in development plans. Lambert replied that he would have title to the property before the end Of the year. He further stated that at this point he ouly has plans for a parking lot. After further discussion Lambert stated he is willing to waive the 60 day land use requirement (requiring municipalities to act within 60 day on land lISe issues) to allow further consideration of the plat. Looo stated the Council approved the Roske Addition plat without a development plan. City Att01"l1ey John Scherer stated normally site plan approval goes along with developments, but the R-3 development proposal was withdrawn. i Niedeofuer stated there should be a difference between poblicIy owned land and privately owned land Scherer stated publicly owned land is not ~ect to land use control as is privatl~ land Niedenfuer stated she would like to see a plan for the property. Lambert stated he is willing to prepare a plan. Lambert stated he would like to see approval of the plat, given the amount of time and expense he has incurred. I Mayor Hiemenz mated the property is currently zoned agricnIture, and approval is only being requested for a parking lot. Jim Graeve questioned if approval of the plat will it give him greater rights for future development of the property than without approval. Scherer responded that it is his understanding that property needs to be platted to record ownership of it, and cannot be recorded with a metes and bounds description. Lambert again reiterated that he is willing to waive the 60 day requirement. After further discussion Ehlert stated the Council is willing to re-œnsider the plat with Lambert waiving the 60 day land use requirement and bringing in a development site plan for a parking lot to be considered by the Planning Commission. Looolllilde a motion to refer the IlliItter back to the Planning Commission based on Lambert's waiving the 60 day land use requirement and Lambert's submitting a development site plan with easements, traffic patterns and any other pertinent issues. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried ST. CLOUD AREA JOINT REPRESENTATIVE: Mayor Hiemenz made a motion to appointment Niedenfuer as Alternate Representative to the St. Cloud Area Joint Planning District; seconded by Ehlert. Ayes: Hiemenz, Looo, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried The Cable Access Channel is expected to be part:ially activated on November 28; 1997. MISCELLANEOUS OR ANNOUNCEMENT ITEMS: I I I I Page 3241 November 20, 1997 1) Mayor Hiemeoz put an ad in The Newsleader calling for interested persons to ipply for positions on J Park Board, Cable Commission and Planning Commission. 2) Mayor Hiemeoz reported a letter was sent to the top 15 candidates from the September Police Officer hiring, asking them if they stil1 have interest in a position with the City of 81. Joseph. 3) The Council agreed to set a working meeting for December 16th at 4 :30 p.m. to review the street improvement projects. Loso made a motion to adjourn at 10:39 p.m.; seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried ~~ Rachel Stapleton Clerk! Administrator I I