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HomeMy WebLinkAbout1999 [08] Aug 05 Page 3581 August 5, 1999 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 5, 1999 at 7:00 p.m. in the St. Joseph City Hall. I Members Present: Mayor Kenneth J. Hiemenz. Councilors Ken Twit, Bob Loso, Mary Niedenfuer, Cory Ehlert. Deputy Clerk Judy Weyrens. Others Present: Steve Streng, Gary Heltemes, Rachel Stapleton, Chad Cartson, Kay Lemke, S. Miriam Ardolf, Margo Wagner, Bob Wagner, Doris Johnson, Jerry Johnson, Greg Kacures. Approve Aoenda: Ehlert made a motion to approve the agenda as presented; seconded by Twit. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 Approve Minutes: Loso made a motion to approve the minutes of July 1 and July 15, 199 with the following corrections: July 15 - References to the Minnesota Project should be changed fo the Sustainability Committee July 15 - Lease Aareement: The motion was seconded by Loso. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 Consent Aoenda: Loso made a motion to approve the consent agenda with the removal of items c (to be discussed during the Engineer's report): a. Increase annual salary for the City Assessor based on nineteen new properties which have been annexed. Requested annual increase $ 164.92. (Based on $ 8.68 per parcel) b. Authorize purchase of seven cases of ammunition for the Police Department at a cost of $ 149.00 per case. c. Application for payment #5, Randy Kramer Excavating in the amount of $ 25,460.08. (90th and 9101 Street Utility Improvement Project.) The motion was seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 I Bills Pavable and Overtime: Loso made a motion to approve the bills payable, check numbers 27168 through 27203; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 Hiemenz questioned the inclusion of the hours for part time patrol officers. Weyrens stated it was her understanding that the Council wished to be informed of the part time hours worked. When asked why not all part time employees were listed Weyrens responded that the temporary summer workers hired for the maintenance department are employed full time at 40 hours per week from the end of May until the end of August. I I I Page 3582 August 5, 1999 I Twit made a motion to approve the overtime as presented; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 Contract for Architectural Services: Weyrens presented a letter from the City Attomey regarding the contract proposed by Grooters Leapoidt Tidemann (GL T) for the proposed remodeling of the First State BanK and City Halt Wéyrens reminded the Council that the City cannot enter in an agreement with GL T until the First State Bank signs the purchase agreement. Loso made a motion to forward the comments from the City Attomey to GL T and authorize the City Attomey to finalize the contract details. The motion was ' seconded by Niedenfuer. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 City Engineer Reports I Pond View Ridoe Addition: City Engineer Joe Bettendorf discussed the completion deadlines for Pond View III, IV and V. The developer has terminated the original contractor and hired Randy Kramer Excavating to complete all unfinished work in Pond View Ridge. The following items will be completed: Pond View III: Construction is complete and one hydrant extension needs to be installed. Pond View IV: The final bituminous wear course needs to be placed as well as numerous punch list items. This phase will be completed with Pond View V. In addition the Building Official will be preparing an erosion control policy for distribution with building permits. Pond View V: Items to be completed include site grading, expansion of the holding pond, testing of a portion of the sanitary sewer and water main and placement of the final bituminous wearing course. In addition, during a walk through of the area it wàs noted that a storm sewer outfall pipe had been moved 10 feet and will need to be relocated. It is anticipated that all the work will be completed by the end of August. 1999 Proposed Street Improvement Proiects: Bettendorf stated that bids are scheduled to be opened on August 17, 1999 for the improvements to Joseph Street and the St. Joseph Business Park. If needed ROW is secured the project is anticipated to begin in September with all the utility work completed in 1999. I 1999 Utilitv Improvement Bettendorf reported the project is complete with the exception of the ponding issue on the south end of 90'" A venue. Bettendorf recommended having the contractor retum and remove the boulevard along the north side of Lynx from 90'" to a point where Lynx begins to drop off, regrade the area to create a shallow swayle, and resod the area. The swayle will be relatively flat as it goes east along Lynx, creating a low area for the water to runoff the pavement and soak into the ground. Bettendorf also stated that the area in question is relatively flat and the grade is less than the desired minimum design standards. Twit questioned Bettendorf if an issue involving pooling near a residents mailbox has been resolved to which Bettendorf stated he will review. Page 3583 August 5, 1999 Loso questioned if the issue of a driveway which was reconstructed off center has been addressed. Bettendorf responded that the contractor is aware of the problem and will work with the property owner to correct the situation. Loso also questioned if the contingency is SUfficient to cover the finalization of the project to which Bettendorf responded yes. I Ehlert stated at the previous Council meeting one of the residents ¡¡xpressed concern with the communication between the contractor and the residents ~Ind the manner in which they did so. Ehlert stated that residents have a right to be treated courteously it is his desire that the contractor be made aware of the concerns. Bettendorf responded that some of the complaints are not with the staff of the general contractor but the subcontractors. Ehlert requested the general contractor be made aware of the complaints. Bettendorf stated that he will discuss the matter with Randy Kramer. Bettendorf stated that the project was centered around providing utility services to residents abutting 90th and 91st A venues. That portion of the project went extremely well. The project become a problem when the road was restored. As stated earlier, with a narrow road slope and not installing curb, gutter and storm sewer the road restoration became difficult. Lose made a motion authorizing execution and payment of application #5 to Randy Kramer Excavating as recommended by the City Engineer. The payment amount is $ 25,460.08. The motion was seconded by Twit. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 6th Avenue NE INorthland Drive: Bettendorf discussed the street name designation for the proposed street in the Northland Addition. Originally the propor.ed street was named 6th A venue NE, but due to the configuration of the existing streets the name needs to be changed. With this in mind and at the recommendation of the City Council, the Planning Commission reviewed the street name and has ecommended the Council change 6th Avenue NE to Northland Drive. Loso made a motion to re-designate 6th Avenue NE to Northland Drive as recommended by the Planning Commission. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 I Mobil Generator: Bettendorf reminded the Council that the generatDr bids included a high voltage switch which was questionable if it was needed. HOWE!ver, consulting with his staff and Public Works Director Dick Taufen, Bettendorf recommends the Council leave the switch as bid. If the switch were not included it could 1~ld to mechanical difficulty as all person using the generator would need to be trained. Bettendorf also stated the Council had requested he review adding additional switches so the generator could be used for Civic events. Bettendorf stated that while switches can be added, frequent use of the generator for smaU amounts of p:JWer may be a detriment to the City. However, if the Council is looking at minimal use it can be achieved. The additional outlets will be added to the generator and Bettendorf will present the Council with a change order authorizing such. Northland Addition Outlots: Bettendorf presented the Council with information from Terry Schmid regarding the cost sharing of a Phase One Environmental Study. I I I I ¡ I i Page 3584 August 5, 1999 I Previously Schmid offered to give the City ownership of Outfot A in the Northland Addition. As a condition of acceptance the City, (acting upon the advice of the City Attorney and City Engineer), requested Schmid present the City with a completed Phase One Environmental Study. At this time Schmid stated that he would not be willing to pay for a portion of the Phase One and if the City does not wish to retain ownership of the property he will approach the abutting property owners. Bettendorf stated that the City may need to use the outlot to extend Water services and encouraged the Council to accept the property from Terry Schmid. 'Weyrens clarified that there are actually three outlots involved: Outlot A & B - Northland I; Outlot A Northland II. The Council discussed the previous use of the outlots and determined that they were used as gravel pits in the past. Loso made a motion to accept the deeds to Outfots A & B Northland I and Outfot A Northland 1/ as offered by Terry Schmid and to forego the Phase One Environmental Study. The motion was seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert ' Nays: None. Motion Carried 5:0:0 Y2K Needs: Bettendorf reported that he has met with Public Works Director Taufen to discuss the water panel with regard to Y2K compliance. Taufen has indicated that he has been unsuccessful at locating a vendor to qualify the equipment. . Bettendorf stated that he will contact a vendor he is familiar with to begin testing the equipment. The Council clarified they have authorized up to $ 11,000 for such testing.! 1999 Utility ImDrovement - Resolution for Hearino on Prooosed Assessment: Bettendorf requested the Council establish a date for the assessment hearing for the 1999 Utility Improvement. Loso made a motion approving the following resolution; seconded by Twit. Resolution for Hearing on Proposed Assessment WHEREAS, by a resolution passed by the Council on August 5, 1999, the City Clerk is directed to prepare a proposed assessment of the cost extending water and sewer along 90'" and 91" Avenues from East Minnesota Street to East Baker Street to Bee Line Marine. AND WHEREAS, the Clerk has notified the council that such proposed assessment has been completed and filed in the City Office for public inspection. , NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH MINNESOTA: 1. A hearing shall be held on the 16111 day of September at 7:00 p.m. in the City Hall to pass upon such Proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to ¡ be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a' notice of th& hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and it shall state in the notice the total cost of the improvement. The Page 3585 August 5, 1999 City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment role not less than two weeks prior to the hearings. I 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to th'a City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 County Road 133: Bettendorf updated the Council on the realignrrumt of CR 133. The project will not be completed this fall due to the lack of acquisition of ROW. It is anticipated that construction will begin in spring 2000. Ordinance UPdate & Adoption: The Council reviewed the final draft of revisions to the St. Joseph Code of Ordinances. 1999. The Council agreed to make the following changes: Q 52.13 Subd. 11 (d): inCiude language that an additional 500 square feet of lot area shall be required for each bedroom after three. Q 52.18 Subd.6 (e):.. to raze an existing structure should be changed to Principal Structure. Q 5221 Subd. 3 (f): language should be inCiuded requiring the R3 Development to follow the guidelines of R-3 and that parking for each use must be calculated separately. This language should also be inCiuded in the General Provision of the Ordinance. Q 5223 Subd 2 (vi) Farmers' Market for the sale of produc:e only. Notification and the submittal of a plan to the Planning Commission is required. I Ehlert questioned if the revised Ordinances include a sunset deadline for parking lots that are not in conformance with the Parking Ordinance. Weyrens stated that the Council discussed this item but did not change the Ordinance. Niedenfuer made a motion to adopt the revised Ordinances 51, 52, 53, and 54 as prepared by the City Attomey and recommended by the Planning ODmmission. The motion was seconded by Twit. Ayes: Hiemenz, Twit, Niedenfuer, Ehlert. Nays: Loso. Motion Carried 4:1:0 The Ordinance changes will become effective upon publication in the NewsJeader on August 13, 1999. Jeff Drown. Multifamilv HousinQ Development Jeff and Brian Drown appeared before the Council to present a concept sketch of a proposed multifamily development on the former Krebsbach site. The plan includes 14-4 bedroom apartment units and 10- 3 bedroom apartments with 102 parking spaces and 18 garage stalls. The units will be marketed for student rental. Jeff Drown stated that the building will be designed to I I I Page 3586 August 5, 1999 match the architecture of the Colleges buildings. Drown stated they have researched II the alternative of placing retail business on the lower level but have not been successful. Therefore, in order to make this plan work, the property will need to be rezoned to R-3 or' a variance will be needed on the retail requirement. Ehlert responded that of the two alternatives he would favor rezoning, but he is not in favor of spot zoning. Twit questioned why the Krebsbach site was selected. Drown responded that they have received a copy of the housing study which indicated their was a need for housing and researched sites. Drown also stated there are very few sites available for multi housing. I Hiemenz questioned if the housing will be available to senior Citizens. Drown responded the project is not designed for senior citizens but he would rent to anyone wishing to do so. I Niedenfuer stated that she has received community opposition to constructing student rental on Minnesota Street. The proposed development would increase the population in an already dense area. Niedenfuer suggested the project be redesigned to reduce the density and provide for a mix of housing needs such as senior, family and student. Loso stated he does not oppose the project as he does not feel the downtown will develop with businesses. He stated it is his opinion that specialty shops or retail such as a dothing store cannot survive in St. Joseph. Constructing an apartment building on the vacant land would develop land which has been unable to sell. He stated this is a good opportunity to convert vacant land into tax base. Jim Hardwich of St. John's University stated that the Colleges are in the process of changing residency requirements for students which require freshman and sophomores to live on campus. In addition, 81. John's is constructing different types of dormitories to entice students to live on campus. I EDA Director Chad Carlson stated that while the property has not sold in the past, someday their may be a business that is perfect for that property. Twit questioned the amount of parking provided and what type of policing will be provided to assure that tenants will have parking. Twit stated that in his opinion the bar patrons will use the parking area and the tenants will need to find parking else where.. Twit stated in his opinion the proposed development will add to the existing parking problems of the downtown area. Drown responded that they will hire security to patrol the area and unauthorized vehicles will be towed. Further, all residents will be provided a permit to authorize parking in the lot. The Council generally concurred that Drown should reconsider the proposed development and reduce the density by designing a building with mixed housing needs. Personnel Policv Manual: The Council reviewed the final draft of the Employee Personnel Policy and requested the document be forwarded to the City Attorney for review and comment. In addition, the Personnel Committee will review sample tuition reimbursement policies and submit a proposal for Council review, comment and adoption. Mayor Reports Page 3587 August 5, 1999 MTC Studv: Hiemenz stated that he and Carlson are part of a committee interviewing I firms to conduct a transit study. The study will project future transportation needs and costs for St. Cloud, Sartell, Waite Park, Sauk Rapids and St. Joseph. The St. Joseph , portion of the study will be approximately $ 1500 to $ 2000. Ehlert questioned if grant monies would be available to cover all or a portion of the cost. Hiemenz responded that the EDA Director will check into potential grants. Further, he stated the MTC will provide funding for 80% of the study. Niedenfuer made a motion to support the MTC Transit Study and authorize the expenditure as stated above. The motion was seconded by Ehlert Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 Rachel Stapleton. Emplovment Separation Aoreement: Mayor Hiemenz reported that former City Clerk Rachel Stapleton is requesting to be paid the baliance of the money allocated for insurance premiums. Ehlert stated that he was part of the negotiations and it was never the intent to cash out the money allocated for insurance premiums. The money allocated was to provide Stapleton with health insurance for two years which included a maximum dollar figure. Further, Ehlert stated that the City has made two prior offers to Stapleton which have both been rejected. In his opinion the City has negotiated in good faith and tried to compromise. Loso made a motion to pay Stapleton $4130.00 as requested, paying the balance offunds allocated for her insurance. The motion was seconded by Niedenfuer. Discussion: Loso stated he would like fo finalize this matter and move forward. The City Council concurred but the City is fulfilling the terms and conditions of the Separation Agreement and if terms change the City should receive a benefit as I well as Stapleton. Further, Hiemenz stated that if the City ,changes the terms, a new contract or addendum needs to be prepared that the mmaining terms and conditions of the agreement will remain as originally stated in the agreement. Ehlert made a motion to amend the motion to offer Rachel Stapletc)!1 75% of the fund balance allocated for her health insurance as a cash buyout; seconded by Loso. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 Twit questioned the cost which will be incurred by the City and made a motion requiring Stapleton to reimburse the City for 50% of the legal fees incurred clue to the amendment to the Separation Agreement. The motion was seconded by Ehlert. Ayes: Hiemenz, Twit, Niedenfuer, Ehlert Nays: Loso Motion Carried 4:1:0 Miscellaneous Items: o Hiemenz reported that he received a complaint regarding Pond View V and the City Engineer has resolved the matter. o Hiemenz attended a Y2K meeting where the Steams Oounty Emergency Services presented a video for community use. This tape will be broadcast on the Cable Access Channel. o Hiemenz reported that he attended a Central Minnesoù Transit Association meeting. I I I ! Page 3588 August 5, 1999 I Q Attended a meeting with the City Engineer and the Mayor of Cold Spring regarding the potential of Cold Spring providing sanitary sewer service to St. Joseph. Hiemenz stated that he has forwarded a letter to St. Cloud Mayor Larry Meyer requesting a meeting to discuss sewer rates: Council Reports TWIT Police Union Neaotiations: Twit reported that he and Hiemenz have met with the Police Union and have reached a tentative agreement. The contract is being drafted for Council review and comment. EDA: The EDA Soard met on July 22, 1999. The main purpose of the meeting was to review the performance review of the EDA Director. The Soard gave Carlson a favorable review. The secondary issue of the meeting was to prepare theYear 2000 Budget. Also discussed during the meeting was the effect MTC Transportation will have on local businesses. Police Officer Vacancies: Twit questioned if the Police Interviewing Committee has met and if so how many positions are being"considered. Hiemenz stated that in error he forgot to report on that matter. The Committee has meet and interviewed 11 candidates out of a possible 55 applications. At this time the Committee is down to three candidates and will be recommending two for hire. I Twit stated he does not recall the Council authorizing the hiring of two officers as the Council on July 8 authorized the hiring of one Patrol Officer and a Police Secretary. Twit stated the Council was provided information as to why a secretary is needed. Therefore, Twit stated before a second officer is hired, he would like some information if a sixth full time officer is as effective as filling the hours with part time officers. Ehlert, Niedenfuer and Loso agreed the report would be useful information before a decision is made. Hiemenz responded that he will not be a part of the Council reducing the Police force. Twit stated the Council is not saying they do not want to fill the sixth position, rather the Council needs to make sure a full time officer is the most prudent manner to provide coverage. (Hiemenz extended the meeting at 10:00 p.m.) Ehlert recommended the Council meet with the Police Chief to discuss this matter further. As Chief Lindgren has scheduled vacation during the middle of August, the Council agreed to schedule a special meeting for August 12, 1999 at 4:15 p.m. Mayor Hiemenz stated that he will discuss the matter with the Police Chief. Loso stated that before he agrees to hire an officer, he would like anopportunity to meet the candidates. Hiemenz stated this has not been done in the past but if that is the wishes of the Council it can be accommodated. Ehlert stated the Council can save time if they meet the part time patrol officers. I Niedenfuer and Loso questioned the unresolved issues regarding the police department and it was their understanding the Council was to receive a memo discussing such. Mayor Hiemenz stated that he has not yet had time to prepare the memo but will do so before the meeting on August 12, 1999. Page 3589 August 5, 1999 EHLERT I Lvnx Road: Ehlert questioned the status of improving Lynx Road. It was his understanding the City would pave the road with 90th and 91" Avenue. Weyrens stated that only one-half of the road is in the City limits and the City did nCtt make any arrangements to pave Lynx Road. Events Center: The marketing committee is in the process of finishing the video that will be shown to all jurisdictions. It is anticipated that they will come to, the September 2, 1999 City Council meeting. St. Benedict's MonastelV Artisan Proiect Ehlert stated that the Plslnning Commission had reviewed a building proposal for the Monastery of St. Benedict. During the review the Planning Commission had requested that a parking plan be submitted at the time a building permit is secured. Ehlert questioned if the parking plan has been submitted. Weyrens stated that the building permit has not been issued nor has a parking plan been submitted. NIEDENFUER Farmers' Market: Niedenfuer reported that the Sustainability Committee had a meeting with local growers and it was determined it was not practical to begin the Farmers' Market this year as the growers need to plan for each market Also, the Committee ",ÆI continue to review sites and are trying to find a site that has good \~sibility from County Road 75. I US West Wireless Antenna: Niedenfuer reported that she discus~~d the with Wastewater Operator, Jim Marthaler, the type of shrubbery he would recommend to hide the antennas near the water tower installed us US WEST WIRELESS. Marthaler recommended planting arborvitae and using pea gravel as pea rock could be used to damage the tower. LOSO Fire Board: The Fire Board discussed the need to replace turnout gear (jackets and pants). The gear is approximately $ 1,000 per set. Ehlert made a motion authorizing the expenditure of up to $ 10,000.00 as approved by the Fire Boand to replace 10 sets of turnout gear. The motion was seconded by Loso. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert Nays: None. Motion Carried 5:0:0 Clerk/Administrator Reports Four-way Stop: Weyrens reported that she forwarded a request to, Stearns County requesting traffic controls at the intersection of 1" Avenue NWand Minnesota Street. Hiemenz stated that he discussed the matter with the County Engineer Mitch Anderson who indicated the Board would not approve the request as a four-way stop already exists one block east and west. I I I I Page 3590 August 5, 1999 í Adjourn: Twit made a motion to adjourn at 10:35 p.m.; seconded by Ehlert. Ayes: Hiemenz, Twit, Loso, Niedenfuer, Ehlert, ':ì I Nays: None. Motion Carried 5:0:0 ~ ~~ U~~,!,:eyrens i Deputy Clerk '