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HomeMy WebLinkAbout2002 [04] Apr 18 I I I I April 18, 2002 Page 1 Of 'b 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 18, 2002 at 7:00 PM in the St. Joseph City Hall. I Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier.i AdministratorlClerk Judy Weyrens. ' City Representatives Present: Public Works Director Dick Taufen, Police Chief Pete Jansky, City Engineer Joe Bettendorf. Others Present: Lori Pfannenstein, AI Maleska, Craig Olson, Nel Pfannenstein.· Approve Aaenda: Schneider made a motion to approve the agenda with the following additions: 6 (g) Fifth Avenue NW Drainage Issue; 6 (h) Utility Extension - Army Reserve Building. The motion was seconded by Loso and passed unanimously, Consent Aaenda: Loso made a motion to approve the consent agenda as follows: Approve bills payable, check numbers 31005 - 31132 Approve Minutes of March 21 and April 10, 20002 Accept the application for Lawful Gambling for the Sf, Joseph Parish for an event to be held on July 3 and July 4, 2002. I Stearns County $ 4,795.85 for an allocation error in the TfF District 1-3, : Authorize an outdoor liquor permit to the EL Paso Inc. for a fundraiser to be held on May I Accept the Engineer rates for the year 2002, increase the rates an average of 2.9%. I Adopt resolution 2002-10 Authorizing Enrollment into PERA for part-time Patrol Officers. Authorize the Mayor and Administrator/Clerk to execute a funding request to the Initiative Foundation for the update of the Comprehensive Plan. I Discussion: Ehlert questioned Resolution 2002-10, Weyrens stated that PERA requires the ¢ity Council to pass a resolution authorizing part time officers to participate in the retirement program. The City is required to enroll any employee earning over $ 425.00 per month, and is not seasonally employed. Therefore, the City has a retirement liability. a. b, c. d. e. 3,2002 f. g. h. The motion was seconded by Schneider and passed unanimously. Public Comments to the Agenda Boraert Products: Craig Olson of Borgert Products appeared before the Council to request the City Council consider alternatives to concrete sidewalks on College Avenue. Olson stated it is his understanding that College Avenue from County Road 75 to 295'h Street will be reconstructed with , sidewalk added along the west side, Olson requested the Council consider adding a bid alternate of . t I paving sones. 1 ! Ehlert stated that he and Rassier have been meeting weekly with a street beautification committee and at this time the plans include installation of a four (4) foot section of paving stone around each street light. The project is in the final planning stages, but Ehlert encourages the Council to add an alternative for paving stones, I Bettendorf stated that at this time the City has two options: i 1. Prepare an addendum to the plans and specifications to allow an alternate for a paying stone sidewalk. I 2, Wait until the bids are completed and negotiate the alternate paving stones. If this option is desired, the plans will need to be modified to assure that the contractor receiving the bid for the project removes the existing concrete sidewalk. I April 18, 2002 Page 2 of6 Bettendorf recommended the Council opt to prepare the addendum to the plans and specifications, to which the Council concurred, Bettendorf agreed to contact the County Enginl~er on this matter. I Ash Street Sidewalk: Lori Pfannenstein of 221 Ash Street East spoke on behalf of the residents of Ash street between 2"" Avenue NE and 3'" Avenue NE. Pfannenstein stated that lIhey are opposed to the installation of sidewalk as it will dead end at 3'" Avenue NE. She further stated that in her opinion that sidewalk would not be used and the residents do not want to be responsible for the maintenance thereof. She also questioned the notification she received where it was stated that the property owners would not bear the cost of the sidewalk, Pfannenstein clarified that as a tax payer she would still be paying for the sidewalk even if it is not directly assessed, Board of Review: Hosch reconvened the Board of Review at 7:20 PM to consider the recommendations of the City Assessor, Loso made a motion to accept the following recommendations of the City Assessor: Parcel Number Recommendation 1. 2. 3. 4. 5. 6. 84-53471-096 84-53734-027 84-53845-044 84-53475-079 84-53790-257 84-53863-000 No Change Reduce property value to $ 90,600 No Change No Change Reduce property value to $ 142,800 Reduce property value to $ 92,400 The motion was seconded by Rassier and passed unanimously. Mayor Hosch closed the Board of Review at 7:25PM. City Engineer Reports I Sunset Manufacturina, Alley Reauèst: City Engineer Joe Bettendorf stated that he has been approached by Tom Skahen of Sunset Manufacturing to pave a portion of the eastlwest alley adjacent to their parking lot. Skahen is only requesting to pave the portion that abuts his parking lot, leaving one section of the alley gravel. Loso made a motion to approve the request of Tom Skahen to pave a portion of the east/west alley abutting the parking lot of Sunset Manufacturing contingent upon the improvement meeting City standards. The motion was seconded by Schneider. Ehlert questioned if it is a good policy decision to pave only the middle section of an alley leaving a portion gravel. Ehlert stated that he would prefer to see the entire alley paved, Rassier concurred and requested that Skahen be contacted to see if he is willing to pave the entire alley to College Avenue. Bettendorf will contact Skahen and report back to the Council on April 24, 2002. Rassier requested the matter be tabled, Ash Street Sidewalk: Weyrens presented the Council with the results of the survey regarding installation of sidewalk on Ash Street West. The majority of residents between College Avenue North and 1'" Avenue NE indicated the desire for sidewalk, while the property owners between 2"" Avenue NE and 3'" Avenue NE were in opposition. Bettendorf stated that if sidewalk is not installed between College Avenue North and 1 st Avenue NE the existing sidewalk will be removed and the area will be seeded. Rassier made a motion not to install sidewalk on Ash Street East based on the survey results. The motion was seconded by Hosch. . Discussion: Loso stated it is his opinion that the existing sidewalk should be replaced. Bettendorf clarified that the project plans include sidewalk for the portion of Ash Street between I College Avenue North and 1st Avenue NE. Ehlert stated that Ash Street has a considerable amount of walking and biking traffic and if a sidewalk is not installed an area of bituminous paving should be provided, Bettendorf stated that while it is possible to mark the shoulder of the road as I I I a walkway, that area cannot be used for parking. off street parking in front of their homes. April 18, 2002 Page 3 of '" . '.., I Therefore, the residents would not be allowéd Ayes: Rassier, Hosch Nays: Loso, Ehlert, Schneider Motion Fails: 2:3:0 Schneider made a motion to install sidewalk for the one block area on the north side of Ash Str~et East, between College Avenue North and 1st Avenue NE; seconded by Loso. I Discussion: Ehlert questioned if the City is willing to be responsible for the snow removal of this area. The Council agreed to consider this portion of the sidewalk in the public safety area, making the City responsible for snow removal. Ayes: Loso, Ehlert, Schneider Nays: Rassier, Hosch, Motion Carried 3:2:0 Relocation of Sewer Line, EI Paso: Bettendorf presented the Council with two alternatives for relocating a sewer line that is located in the parking lot of the EI Paso, The first option relocates the sewer line on Ash Street West and then north on 2nd Avenue NW at an estimated cost of approximately $ 230,000,00, The second option relocates the sewer line on Ash Street West and then north on 1st Avenue NW at an estimated cost of approximately $ 55,000.00. Hosch stated that it is his opinion that the relocation of the sewer line is a maintenance issue and the property owner is requesting the relocation, Bettendorf stated the pipe being relocated is over 40 years old and normally a pipe of this age is replaced during a street reconstruction. Rassier stated that he too agrees the sewer pipe should be relocated and questioned if the property owner will be contacted for cost participation. Weyrens will contact the property owner to inquire if they are willing to pay for a portion of the relocation and grant the City the necessary easements. ! I Capital Improvement Plan: Bettendorf presented the Council with a revised Capital Improvement Plan and stated that he has not added land acquisition costs for a high school as requested by Ehlert, I Bettendorf also stated that he will update the street portion of the plan after the projects are completed ~W~~ I Fifth Avenue NW Street Repair: Bettendorf presented the Council with drawings to repair a drainage' swayle that has been created on Fifth Avenue NW. The area is located in front of 115 - 5th Avenue NW and the property owner has requested that the problem be repaired. Bettendorf stated that the problem wouid easily be resolved by removing a portion of the curb and changing the slope slightly. It is mos1 economical to make the repairs as part of a larger project. Ehlert stated it is his understanding that the drainage issue is more of a nuisance issue and questioned who would be responsible for paying for the repairs. Loso stated that he has the same issue in front of his house and when the street is overlayed in the future the problem will be resolved, The Council requested Bettendorf prepare a cost estimate I before a decision is made. ' i Southeast Utility Extension: Bettendorf reported that the City has been approached by the Army Reserve to extend utilities near the Del-Win Ballroom, The Army will be relocating their maintenance facility from the Twin Cities to the property they own in St. Joseph. The estimate to extend the utilities is I approximately $ 488,000 with $ 88,000 being a City cost for oversizing. The estimate does not inclueJe any repairs to Lynx Avenue or storm sewer, i I Graceview Estates: Graceview Estates developers Bob Herges and Rick Heid appeared before the, Council to discuss the proposed Developer's Agreement. The City Attorney has prepared a draft I Developer's Agreement with the developers questioning the following: I 1, Section 2,11 Warranty Period: Herges and Heid have requested the City reduce thé term required for the warranty bond from two years to one year. Bettendorf stated a two year warranty is industry standard and requestèd the Council keep the current policy in place, Resolution: Section 2.11 will remain as drafted with a two year warranty bon~. 0..',"",,-' 4, April 18, 2002 Page 4 of6 2. Section 4,11 Grading Requirements: Herges and Heid have requested that this section be removed from the Developer's Agreement as it is cost prohibitive and in their opinion does not resolve drainage concerns. Ehlert stated that it is his understanding that most of the drainage issues arise when the property owner completes the landscaping. If that is the case then the survey requirements in the Developer's Agreement do not serve a purpose. Bettendorf disagreed with Ehlert stating that once the developer has completed the final grade he is no longer responsible for drainage issues that arise. If the grading requirement section remains, the City can go back to the developer for those issues. Ehlert stated that it is his understanding that when the City adopted the grading requirement for a one year trial period, That time has lapsed and the Council needs to review the effectiveness of this policy. Ehlert stated that grading plans add approximately $ 750 to the cost of each lot. Loso concurred with Ehlert and stated that he would like to review the existing policy. Herges stated that within the first phase of Graceview Estatesi, 75% of the lots will be governed by an association and drainage issues between neighbors will not be an issue. Resolution: Section 4.11 will remain as drafted with the Council reviewing the grading policy and amending the Developers Agreement at a later time if needed. 3. Section 4.13 Park Dedication: Herges and Heid have requested that the City clarify in the agreement that the Park Dedication fee is being satisfied by the paving of the walking path. Resolution: The Council agreed to clarify Section 4.13. Section 4,19 Road Contribution Costs: Herges and Heid have, requested that payment for the future north road be established at $ 250 per acre payable upon the completion of each final plat. In addition, they would request that if the road is not constructed within a six year period the money is refunded and that the funds can only be used for the construction of the north road. Resolution: The Council agreed to revised section 4.19 as follows: a) future road contribution will be $ 250 per acre; b) the road contribution will be due at the time of final plat approval; c) if the road is not constructed within six years the road contributions will be returned to the developers; d) the road contributions will be dedicated for the construction of the north road only. Graceview Estates, Memorandum of Understandina: Weyrens presented the Council with a revised Memorandum of Understanding prepared by the College of St. Benedict. The revised agreement waives all future assessments to the College of St. Benedict for the construction of the north road and extension of utilities. The revised agreement further states that the need for the road and utility is a result of the development and St. Benedict's should not be charged for such, Hosch expressed frustration with the revised Memorandum as the City had meet with College representatives on numerous occasions and had reached a tentative agreement. The Council agreed that the revised Memorandum was unacceptable, I I Hosch made a motion to notify the College of St. Benedict that the revised Memorandum of Understanding is unacceptable and the City is willing to consider the following two options: 1) Sign the original Memorandum of Understanding as drafted by the City Attorney; or 2) Separate the north and south access issues and only deal with the southern easements and temporary I construction road. If neither option is accepted by the College the City is willing to begin the condemnation process. The motion was seconded by Ehlert and passed unanimously. I I I I April 18, 2002 Page 50ff La Plavette Liauor Violation: Hosch stated the Police Departmeht notified the City of a bar violation that I occurred on April 10, 2002 at the La Playette, Officers were checking the doors when they noticed the I back door was unlocked and they could hear voices within, Upon entering the building they noticed two I employees with alcoholic beverages, The violation occurred at 3:02 PM. I La Playette owner Pat Bednarz spoke on his own behalf. He stated that he was remodeling the fixtures' in the restroom and two of the employees were helping him, Bednarz stated that he was not selling alcohol and realizes that no alcohol should be present on the bar after closing time. I Hosch made a motion to fine the La Playette $ 150.00 for the bar violation and stay the fine provided no similar violation occurs within six months. The motion as seconded by Ehlert. Ayes: Hosch, Ehlert, Loso, Rassier Nays: None Abstain: Schneider Motion Carried 4:0:1 Bednarz questioned the Council if on senior farewell the patrons could remain in the bar until 2 AM. No alcohol would be served after 1 AM but the patrons would be allowed to socialize in the bar. The ' Council was in general agreement that it would not be wise to change policy at this time and the bars would follow the normal procedure on senior farewell. , Police Chief Reports ¡ Senior Farewell: Police Chief Jansky reported that he is working with area law enforcement agencies ¡and the colleges in preparation for senior farewell, As the college changed the school calendar, graduation will be one week earlier this year. I March police Report: Jansky presented the Council with the monthly activity report for March. The n~w squad that was ordered should arrive in approximately one month, I , 1 Part Time Officer Hire: Jansky requested authorization to hire two part-time officers as we have only one on staff. The part-time officers are not scheduled hours, rather they fill in for vacation, Ehlert questioned if the hiring freeze imposed by the Council has an impact for part time officers, Janksy reiterated that the part-time officers are not scheduled shifts so additional staff is not being added, Loso made a motion authorizing Janksy to interview and hire two part-time officers. The motion was seconded by: Rassier and passed unanimously. I Annual Chiefs Conference: Jansky reported that he attended the annual Police Chiefs Conference ih St. Cloud. One of the vendors from the conference donated $1,200 of equipment for the new squad car, The donated equipment includes a cage, shot gun lock, seat cover and window bars, I Public Works Director Reports I Holdina Pond Maintenance: Public Works Director Dick Taufen stated that he has been contacted by MN Landscaping regarding the burning of the holding ponds. In order for the wild grass to grow the 1 ponds need to be burned every two years, The cost for burning both ponds is approximately $ 1,200.00, Hosch requested that the Fire Department be contacted to see if they would be interested in burning the ponds. The Council agreed to refer this matter to City staff for recommendation. ! , 1 Taufen also reported that the pond in the St. Joseph Business Park needs repair as the gravel is washing away, Taufen will discuss this matter with the City Engineer, ' I Maximum Road Restrictions: Taufen requested that before the onset of the construction season tl'1e Council establish the maximum weight that will be allowed on city streets, In this way the City is abie to maintain the integrity of the newly rebuilt roads. Mayor Reports -...- April 18, 2002 Page 6 of 6 Tree Plantina Sub Committee: Hosch reported that a sub committee of the Healthy Community Partnership has formed to consider planting a tree corridor on 4'" Avenue NE. The costs of the trees will be absorbed by the HCP through grant funds. EDA Activities: The EDA is in the process of establishing a re-development district. Municipal Development Group is in the process of identifying sites needing repair, Once the site are identified information will be presented to the businesses. The EDA received $ 500 from Excel Energy for the updating of the marketing brochures. Joint Plannina Board: The Joint Planning Board will be meeting on April 22, 2002 to review the revised plan for Granite-Tops. Councilor Reports SCHNEIDER Historical Society: The Historical Society will be meeting next week. EHLERT Street Beautification Committee: The Committee working on the Street Beautification is almost finished with the design and will be presenting a final plan to area civic organizations for contribution. The estimated cost of the project is $ 175,000 and extends from County Road 75 south to 295'" Street. Buildina Committee: The Building Committee will be touring one or two maintenance facilities similar to the one under design for the City of St. Joseph. When the plan is finished it will be presented to the Council for review and comment. RASSIER Plannina Commission: Rassier reported that the Planning Commission will be meeting in special session on April 29 to discuss proposed amendments to the Sign and R3 Ordinances, LOSO - No report, Administrator/Clerk Reports Roske Propertv Sale: Weyrens reported that the City and Township have reached an agreement to sell Lot 3 Block 1 of the Roske Addition for $ 30,000 plus one half of the closing cost to William and Delores Lowell, Loso made a motion to accept the offer of $ 30,000 for the sale of Lot 3 Block 1 Roske Addition. The City and Township will enter into an agreement setting the final closing date for May 24, 2002. The motion was seconded by Ehlert and passed unanimously. Adiourn: Loso made a motion to adjourn at 9:40 PM; seconded by Schneider and passed unanimously. ~~0ey~ -.. I I I