Loading...
HomeMy WebLinkAbout1999 [11] Nov 04 I J>age 3647 November 4, 1999 City of St Joseph City Council Meeting 11/4199, 7:00 PM 1. Call to Order. Pursuant to due calJ and notice thereof, the City Council and the City of St. Joseph met on Thursday, November4, 1999 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz, Council member Cory Ehlert, Council member Bob Loso, Mary Niedenfuer and Ken Twit, Clerk-Administrator Cari Schmidt, Deputy Clerk Judy Weyrens. i others Present: City Attorney John Scherer, City Engineer Joe Bettendorf, Mike Deutz, Dorene Rennie, Mike Rennie, Steve Streng, AlJan Brandenburger, John Provinzino. 2. Approve Agenda: Twit made a motion to approve the agenda a$presented, seconded by Loso. The motion passed unanimously. Schmidt stated that there were a few changes for the agenda, ,items 10. Farmers Market Location and 4c. the Fire Dept. issue are being removed from the agenda. There are two additions from SEH: the business park pond seeding and the change orderfwork change directive for the Business Park.. 3. 7:00 Public Hearing - 1999 Joseph Street Utility and Street Improvements - Mayor Hiemenz opened the Public Hearing. City Engineer Joe Bettendorf addressed the Council and the public regarding the assessment areas and the improvements that are being proposed. The 1999 Joseph Street Improvement includes sanitary sewer, water main, storm sewer, bituminous street, and concrete curb and gutter between County Road 133 and East Elm Street. The 1999 Business Park Improvements include sanitary sewer and water maio on Old County Road 133 from CSAH 75 to East 'Elm Street, and on East Elm Street from Old County Road 133 to Joseph Street. The assessment rate peftract is $12,406 each, and the trunk sewer charge was based Qn $713.00 per acre. The total assessments for the project are $430,268.57. The improvement s for Northland Drive and Northland Plat four include: Bituminous Street on Northland Drive from CSAH 75 to the south line of Northland Plat Four, and for sanitary sewer, water main, bituminous street and concrete curb and gutter on Northland Drive from the south line of Northland Plat Four to East Gumtree Street, on Fifth Avenue NE from East Fir Street to East Gumtree Street, and on East Fir Street from Fifth Avenue NE to Northland Drive. The Assessment rate for Northland Drive is $139,185.26 per lot. i For Northland Plat 4 the assessment is $11,767 .401l0t. The assessment is proposed to be payable in equal annual installments extending over a fifteen year period. The first of the installments will be payable on or before the first Monday in January 2000 and will bear interest at the rate of seven percent per annum from the date of the adoption ofthe assessment resolution. Mayor Hiemenz opened the public hearing to the public for comment. John Provinzino, attomey for Mike Deutz addressed the Council. Provinzino stated that Mr. Deutz objected to his assessment of $20,469.36 based on the fact that he has no need for sewer and water. He runs storage facility that has no need for such services. In addition, the improvement does not increase the land value in an amount equal to the assessment. City Attorney John Scherer stated that although Mr. Deutz may not be currently benefiting from the improvement, he is paying for the opportunity to benefit in the future. Scherer also referenced a memo prepared by EDA Director Chad Carlson detailing comparable sales of property in industrial parks. When the City first discussed the Joseph Street project, the concern of the EDA was that the assessments were too costly. Ollie Lesnick, the City Assessor completed a market analysis of industrial property within the St. Cloud metro area. 1-< I I I I The analysis was based on market sales in area industrial parks. Carlson and Bettendorf used the information to determine if the completion of the Joseph Street Improvement project would price the property out of the market. It was their conclusion that it did not and should not put the property owners on Joseph Street at a sale disadvantage to other industrial property. The assessments were reasonable. Scherer stated that the basis for the assessment is the potential use of the property and not the current use oftlle property. To analyze the situation any other way would require the Council to take each parcel on a case by case basis. , I ! J>age 3648 November 4, 1999 : Provinzino stated that with Mr. Deutz's use, the benefit won't increase the sales value of the property because future owners of the storage facility won~ need the improvements either. Scherer stated that Mure owners might want to change the use of the property. The City cannot relieve a property from the burden of an assessment simply because its owner has seen fit to devote it to a use which presently may not be specifically benefited by the improvement. Again, the emphasis is on the opportunity to benefit. I Deutz stated that he challenges the findings of Mr. Carlson and Ollie Lesnick. He had an appraiser, Thomas Latka, appraise the property with the assessment. (Mr. Deutz passed out a letter and an appraisal from Tllomas Latzka). The letter stated that in his opinion, the special assessments for sewer and water and street improvements will not increase the value ofthe property by the amount ofthe assessment of $20,000. He stressed that he isn~ arguing that n doesn~ have some benefit-but it doesn~ double his property value. Deutz stated that he would like to hear from the Council individually about how they feel on the issue. í í Loso stated that he relied on the numbers from the EDA director, the aSsessor and the City Engineer about tile industrial park to make his decision on the assessment amounts. Deutz argued that the numbers that were used weren~ from our industrial park, but rather St. Cloud and other cities. Scherer replied that the City made the best comparison it could in light of the fact that they hadn~ sold anything in the industrial park lIere to compare it to. It would almost be more fair to compare totally undeveloped property. Again, the assessment was based on the highest and best use ofthe property. Ehlert asked whether or not the City should consider a deferred assessment for Deutz. The Council could defer the payment now and lIave it accrue with interest until the property is sold to someone who needs the improvements. Scherer stated that under certain conditions, a council may postpone an assessment but this usually happens where some of the affected property is unplatted and undeveloped and the city will subdivide or otherwise make it available for building sites in the future. The key is the term ·undeveloped." The argument could be made that this property is undeveloped, but it's questionable. The safe opinion is that the property would already be considered developed and that the assessment cannot be deferred. Twit stated that he has no reason not to take the word of the EDA Director and Assessor. Even though Mr, Deutz is not using the property currently in a manner that needs sewer and water, the potential for the use is there. He is strongly opposed to deferring the assessment. I Hiemenz stated that the way he reads Deutz's appraisal, it was based on the fact that new streets are coming in. That already increased the value of the property.' Niedenfuer stated that if the storage units were removed and another business was put on the property, the assessment would surely be paid for by the increase in market value. Deutz doesn't have to use the property for a storage facility. J>age 3649 November 4, 1999 Ehlert asked about the cost of having another appraisal done. He stated that he would be in favor of deferring the water and sanitary sewer today to future buyers that would make use of the improvements. Twit stated that the City has gone farther with this project than with any other in the past, by putting $200,000 into the project. The Council is doing what they can to make it equitable for all of the citizens affected. I Allan Brandenburger addressed the council. He distributed a signed letter objecting to the assessment of $139,185.26 for the Raymond Brandenburger Estate. The estate did not receive any breakdown as to how the amount was calculated, and further the proposed method of payment of the assessments is not as agreed upon by the City in the easement granted to the City on October 5, 1992. Brandenburger stated that this property is still in probate and this assessment further complicates the estate. Scherer stated that the easement agreement would control in this case. Any assessment would be deferred for fIVe years or until the property is platted as stated in the easement agreement. Mike Rennie addressed the Council and Bettendorf. He stated that he was still having problems with a low spot in front of his property. Bettendorf stated that he would come out and take a look. Hiemenz stated that the Council also needed to address Bruce Gohman's objection to his assessment. Gohman sent a letter objecting to his assessment as they indude road right of way and approximately 1.3 acres of wetland that is not usable. Bettendorf stated that it is not a problem adjusting the acreage on this. I Loso asked how the acreage related to the hook-up charges? Bettendorf stated that the trunk sewer charge is per acre. No credit was given for the wetland. The $2,000 charge for the hook up. The trunk sewer charge for ollersizing is per acre. Hiemenz dosed the public hearing at 8:30 P.M. Twit made a motion to approve the final assessment, recognizing the casement agreement for the Brandenburger property and also the wetland adjustment for th,e Gohman property. Niedenfuer seconded the motion and it passed unanimously. 4. Pond Seeding - Business park and Joseph Street - Bettendorf received a proposal from Minnesota Native Landscapes to establish wildflowers and native grasses in the storm water detention pond serving the Business Park and Joseph Street. He revi,ewed the proposal with Joe Schaeffer and is recommending a number of changes. First, they could eliminate the temporary seeding and weed spraying. They will not have the top quallity installation that a purist would like, but still have an excellent prairie restoration and effelctive erosion control. The follow up mowing would help keep the exotic weed growth under control. Second, they could eliminate some of the more costly native flower seed and still have a diverse plant community and an attractive installation. By making the adjustments, the revised cost could be $9,800, down from the original $12,700 estimate. Bettendorf asked the {;ouncil if they would like him to get another estimate. It doesn't have to go out for bid if the cost is under $1 0,000. Twit stated that it makes sense to eliminate the temporary seeding. The spring runoff would wash away most ofthe seeding anyway. Loso asked if season would affect the bid price like it does in other businesses. Bettendorf stated . that he didn't believe so. Twit made motion to solicit another bid for price comparison and to also wait till Spring to do any seeding with the lowest bid. Ehlert seconded the motion and it passed unanimously. Ehlert stated that the City should try to getthe right mix of seed to ensure that we get the most aesthetically pleasing mix possible. The Council agreed. I I i J>age 3650 November 4, 1999 I 5. Change Order No.1 and Work Change Directive No.1 for 1999 Joseph Street Improvements - Bettendorf stated that the change order is to remove and reinstall 350 feet of chain link fence where the new right of way for Elm Street cuts through the Anny Reserve lot owned by Gohman Construction. The Contractor will provide and install new posts and reinstall the existing fabric. The work change directive covers the installation of sanitary sewer on the new County Road 133 alignment from East Minnesota Street north to the lot recently purchased from St. Benedicts. Twit made a motion to approve change order no. 1 and work change directive NO.1. Ehlert seconded the motion and it passed unanimously. I Bettendorf reported that Joseph Street is being paved today and that Northland will be paved I in the next couple of days. They will be placing temporary striping down the middle of the . road this Fall in order to direct traffic. Ehlert asked ifthe street would be wide enough for a . bike path along the side. Bettendorf reported that ~'s a 36' street on a 44' base. There should be enough room as it is centered on the right of way. There will be edge striping done in the Spring which will give people enough room to walk or ride a bike. I 6. Approve Consent Agenda - a. Lawful Gambling Permit - st. Joseph Parish b. Vacation carryaver request - Police Department c. AuthorizatkJn to hire part üme officers to fill in as needed on an on-going basis d. Election Results - Canvassing e. Pay application #1, S.J. Louis, for Joseph Street and Business Parl< $445,442.10 f. Payappffcation, final, Randy Kramer Excavating for 9CI' & 9151, $13,675.18 Niedenfuer made a motion to approve the consent agenda, seconded by Loso. Twit asked that item b. the vacation carryover request be granted, but only until March 31,2000. Niedenfuer amended her motion to approve the consent agenda with the vacation carryover request approved until March 31, 2000. Loso seconded the motion and it passed unanimously. 7. Approve Minutes - City Council Meeting 10/21199 Loso made a motion to approve the minutes, seconded by Ehlert. The motion passed unanimously with Niedenfuer and Twit abstaining due to their absence at the meeting. Bills Payable and Overtime - Weyrens stated that in addition to the bilfs, staff is looking for approval to pay the election judges. Twit questioned item 27543 for Papa Guiseppes. Weyrens stated that it was food for the firefighters for an all day grassfire. Twit also asked about the generator costs. Schmidt stated that she would find out what the testing of the generators cost. There was also a question regarding the City Attorney bill for the CORE meeting that John attended. Did the City require him to attend that meeting? Weyrens stated that she would contact Scherer about it. Twit made a motion to approve the bills payable. Ehlert seconded the motion and it passed unanimously. Loso made a motion to approve the overtime and callouts, seconded by Niedenfuer. The motion passed unanimously. Twit stated that he noticed the employees are still not taking their vacation time. Schmidt stated that the issue was discussed at the weeldy employee meeting. I 8. Public Comments on the agenda - There were no comments from the public. 9. Administrative Assistant Reclassification - Loso stated that he was not aware initially that the position was scheduled to receive a step increase in October. If he had been, he would have suggested raising the position to the next step. J>age 3651 November 4, 1999 Hiemenz stated this position received a promotion plus a step. The position was pointed at 168.8. It started at a class fIVe, step 6 at 12.73 per hour. It was promoted to class 7, step 3 at 13.28 per hour. Originany she would have gone to Class 5 step 7, which was 13.06. Instead she went to Class 7 and the next step higher than what she would have gone to with the step adjustment that was coming up. The promotion puts her at a higher level than she would have been with just the step increase that was due in October. I Loso stated that he stands corrected. He thought she would have reÅ“ived more with the Class 5 step 7 adjustment that was coming up. Hiemenz asked the Council if there was any action that they would 1ike to take. Twit stated that the personnel committee spent a great deal of time on this issue and he still feels that they came up with an equitable solution. They even gave the position an adjustment when the City was looking for a new administrator. In addition they made the new promotion retroactive to August 16, 1999 when the new administrator started. Ehlert stated that he too had not changed his mind. Loso stated that there are some questions in the letter that was submitted that should be addressed. Twit stated that the comment about "working out of class' is incorrect. The position hadn't been reclassified yet so it couldn't have been working out of class. Hiemenz stated that the position might have been determined to be altogether new requiring the City to take applications for it so that the employee would have had to reapply. Twit stated that that was never the intent of the analysis of the reclassification. Ehlert asked Schmidt if she had any input-on the matter. Schmidt stated that she worked with the personnel committee on this item. She thought a pay increase, title change and reclassification were appropriate. The only thing she couldn't comment on was whether or not there should be some sort of compensation for the lengthy time that was spent analyzing the reclassification. She was not employed by the Cny during this time. I Loso asked what the new anniversary date meant. Twit explained that the new date of August 16 would be used for step increases only. It isn't a new anniversary date. Instead it is the date that the next step increase is due. Hiemenz stated that ifthere was no action to be taken, then the previous decision ofthe Council will stand. The position remains at Class 7, step 3 with the next step increase to occur on August 16, 1999. The Council asked Schmidt to draft a letter to the employee reflecting the Council's decision; 10. Mayor's Report- Hiemenz reported that he attended a number of meeltings including one regarding the Wobegon Trail. The railroad is donating a portion of the rail line and asking for bidders on the other 9/10 of a mile. He also attended a meeting on the light rail , the Central Minnesota Transportation AUiance and SI. Cloud Area Planning. 11. Council Reports - Niedenfuer reported that the Healthy Communities Partnership is gearing up for the visioning process. They are meeting every few weeks to decide how to proceed with the project. Niedenfuer also suggested that the Council and HCP re-visit the design team recommendations. She also reported that the farmers market is being worked on by the Partnership and the Park Board. There is a growers meeting on November 19th. Loso questioned the timetable for the dredging of Millstream Pond.Weyrens stated that the DNR permit just arrived. Loso also reported that the siren on Baker is not rotating and asked that Tom Green be called to investigate the problem. I Ehlert stated that he received a call from a resident regarding establishing a curfew in St. Joseph and also about possibly sounding a siren once the curfew is in effect. Hiemenz stated that the current curfew is 9:30 PM - 5:00 AM for ages 16 and under. During the summer Page 3652 November 4, 1999 I months, the curfew begins at 10:30 PM. Ehlert also apologized to the Park Board members for any confusion or lack of communication there may have been regarding a statement that he recently made regarding the authority ofthe park board. He is interested in taking whatever steps he can to boost the communication among himself and the Park Board members. Twit stated that he had a question regarding the Seren discussion from the last meeting when he was absent. The wire seems awfully heavy for simply a marker wire. He asked that a letter be sent to Seren verifying that that is the sole purpose of the tubing and wire that was installed. 12. Clerk/Administrator Report - Schmidt reported that CORE met on 10/27. It was a successful meeting with a large attendance. We would still like to increase the number of residents that attend the meetings. One new development-slarting with the November meeting. CORE will be cable cast! The November 17th meeting will be at 7:00 PM in the Main Building-Gatewood Dining Room at St. Bens. This will be the combination COREloff campus studentslCity Council meeting. Schmidt reported that the Council is invited to CSB/SJU for a "working lunch" on Tuesday, November 9 from 11 :30-1 :00 PM. The first meeting ofthe Building Committee will be at City Hall on Monday, November 15 at 3:30 with David Leapoldt. We also have a special meeting on November 1 0 at 4:00PM to discuss the personnel manual, etc. 13. Miscellaneous and Announcement Items - Hiemenz requested approval to attend the Policy Adoption Conference on November 19, 1999. Twit made a motion to approve the Mayor's attendance of the League of Minnesota Cities Policy Adoption Conference, which was seconded by Ehlert. The motion passed unanimously. I Hiemenz also passed out the residential-seasonal sales rations of homes from 10'1-98 to 9- 30-99 for the surrounding communities. 14. Adjourn - Loso made a motion to adjoum at 9:45 PM. Ehlert seconded the motion and it passed unanimously. Respectfully Submitted, &SµZ Cart Schmidt Clerk/Administrator City of St Joseph I