Loading...
HomeMy WebLinkAbout2002 [12] Dec 05 , i December 5, 2002 Page 11>f 6 1 I Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session on Thursday, December 5, 2002 at 7:00 PM in the 81. Joseph City Hall. ¡ , Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier¡ Administrator Judy Weyrens. I City Representatives Present: City Engineers Joe Bettendorf and Shannon Smith. Others Present: Dave Then, Ross Rieke, Dale Wick, ¡ I Approve Aoenda: Loso made a motion to approve the agenda as presented; seconded by Rassi~r and passed unanimously. APprove Consent Aoenda: Rassier made a motion to approve the Consent ,Agenda as follows: Bills Payable - Approved check numbers 32125 - 32170 Minutes - Approved Nov. 7 and Nov. 21, 2002 Declaration of Surplus Property - Declared the portable JVC camera and accessories, as surplus, advertising for sealed bids with a minimum bid of $2,500 as requested by the' Cable Commission. i Assessment Abatement Agreement - Authorize the Mayor and Administrator to execute the Assessment Abatement Agreement between the City of St.Joseph and Robert ¡ Gamades. ¡ Application for Payment NO.2 - Authorize the Mayor to execute Pay Application No. ~ for the SE Utility Improvement and authorize payment to Kuechle Underground in the, 1 amount of $232,349.26. , Application for Payment No.4 - Authorize the Mayor to execute Pay Application No.4 for the 2002 Business Park Improvement and authorize payment to Molitor Excavating in'the amount of $3,050.74. , Application for Payment No.4 - Authorize the Mayor to execute Pay Application No.4 for the 2002 Street & Utility Improvement and authorize payment to R.L. Larson Excavating, Inc. in the amount of $303,904.17. , i Application for Payment No.4 - Authorize the Mayor to execute Pay Application No. i for the 2002 East Baker Street Lift Station and authorize payment to R.L. Larson Excavating, Inc. in the amount of $135,298.44. , I Discussion: Loso questioned if a retainage is being withheld from the pay application for the East Baker Street Lift Station due to the recent sewer claim. Weyrens reported that the insurance companies are processing the claim and a retainage is not needed at this time. ' a. b. c. d. e. I f. g. h. The motion was seconded by Schneider and passed unanimously. Public Comments to the Aoenda - No one wished to speak Fire Chief Report. Six-Month Activity: Fire Chief Dave Theisen appeared before the Council to present the six month activity report for the SI. Joseph Volunteer Fire Department. Theisen presented the following information: Fire Calls June 1, 2002 - November 30, 2002 I City Calls SI. Joseph Township Calls SI. Wendel Township Calls Mutual Aid Calls Total Calls 63 60 14 1 138 67 42 15 4 128 December 5, 2002 Page 2 of 6 Medical Calls Fire Calls Weather Warnings 213 70 1 284 183 67 o 250 I Fire Calls December 1, 2001 - November 30, 2002 Hosch stated that while reviewing the six month activity report he noticed that while the emergency calls have decreased the amount for training increased. Hosch questioned why training has increased. Theisen stated that the Fire Department has recently added four (4) new firefighters requiring additional first responder and fire training. The total training hours for 2001 was approximately 785 hours while in 2002 it increased to 1101 hours. Loso made a motion to accept the six month fire report, authoñzing the expenditure of $ 17,510 for the payroll for June 1 2002 through November 30, 2002. The motion was seconded by Schneider and passed unanimously. Dave Then. SI. Cloud APO Transportation StudY: Dave Then of the SI. Cloud Area Planning Organization appeared before the Council to present a traffic study for the intersection of Minnesota Street and College Avenue. Then stated that the APO was requested to complete a traffic study for the intersection stated above based on the projected housing developments of Graceview Estates (394 units) and Arkon Development (950 units). Then stated it was his understanding that the Council was concerned if the intersection in question would be capable of handing traffic in the future. Then presented the following information: ./ The projected traffic from the new housing developments when completed is anticipated to generate I 15, 000 vehicle trips per day. ./ Of the 15, 000 vehicle trips, 19% of the traffic is anticipated to use the intersection of College Avenue and Minnesota Street, with the remainin\j, 81 % using the southerly access to SI. Cloud or the easterly access that will eventually connect to 88 Avenue (Field Street). ./ When completing the study the Highway Capacity Sofitware was used to determine traffic at peak hours. Intersections are graded from A to D and based on the current and proposed housing, the intersection was rated a C. The rating indicates that the current intersection should continue to move traffic effectively and Then does not recommend changes to traffic control at this time. ./ The traffic study did not include analysis of other intersections and streets in SI. Joseph. City Engineer Reports 2002 Street Improvement. Chanoe Order NO.4: City Engineer Joe Bettendorf presented the Council with Change Order NO.4 for the 2002 Interior Street Improvement. The change olrder adds select granular borrow and subgrade excavation due to poor material found under Ash Street West. The change order will increase the contract by $ 3,384.00. When questioned the status of the oDntingency fund for the projects, Bettendorf responded that he will prepare a statement showing all the change orders and status of the contracts. Bettendorf stated the contingency is sufficient to absorb the additional cost as stated above. Rassier made a motion authorizing the Mayor to execute Change Order No.4 for the 2002 Street Improvement, increasing the contract with R.L. Larson by $ 3,384.00 as recommended by the City Engineer. The motion was seconded by Loso and passed unanimously. I NPDES II MS4 General Permit: Bettendorf stated that the CityofSI. Joseph is one of about 150 cities in Minnesota that is being required by the Minnesota Pollution Control Agency (MPCA) to comply with the proposed National Pollutant Discharge Elimination System Phase II (NPDES II) general permit requirement. The permit addresses storm water management in a five year pland called a Storm Water Pollution Prevention Program (SWPPP). The permit deadline is March 10, 2003. Bettendorf turned the floor over to SEH Engineer Shannon Smith who will assist the City of SI. Joseph with the permitting process if approved by the City Council. I I I , , December 5, 2002 Page 3( 6 Smith stated that the City of SI. Joseph is being required to complete the permit application for Storm 1 Water Pollution as are all the major cities in the area. SI. Joseph has been tied into SI. Cloud as part of the Urban Area, which brings SI. Joseph into the mandatory compliance by March 10,2003. Implementation of NPDES included the following two phases: Phase I: Became effective in 1992 with populations exceeding 100,000 people. Phase ,,: Any Municipally over a population of 10,000 people or part of an Urban Area, such as SI. Joseph, must comply within the stated deadline. The regulations also affects townships, counties, universities, MN DOT, hospitals, and prisons. , Smith stated that when completing the application permit the following is required: , NPDES " will have a General Permit Application that includes severai components. I Each affected City must develop a Storm Water Pollution Prevention Program (SWPRP). The SWPPP will be a working document that will be designed and managed to allow SI. Joseph to reduce the discharge of pollutants from the storm sewer system, protect water quality, and identify and manage Best Management Practices (BMPs) that will support , the program. ¡ The SWPPP is a 5-year plan for the work that each affected City must implement over the 5 year general permit lifetime. Sf. Joseph will not have to have any of the BMP and education components of the plan implement by March of 2003, but the SWPPP must be written and submitted. i The SWPPP must cover all six Minimum Control Measures. For each Control Measure SI. Joseph must identify and implement BMPs that promote the Control Measure. Go~ls, timelines, and responsible departments must also be identified. The six Minimum Control Measures area as follows: Public Education and Outreach; Public Participation and I Involvement; Illicit Discharge Detection and Elimination; Constnuction Site Storm Water Runoff Control; Post Construction Storm Water Management in New Developments a'nd Redevelopments; Pollution Prevention and Good Housekeeping for municipal operations. Smith presented the Council with a proposal to assist the City of SI. Joseph with the unfunded State i Mandate. The proposal indicated an expense of $ 16,950 of which $ 5,000 is optional sofitware for i tracking the requirements. Smith stated that she is not familiar with the sofitware that is recommende~ and the tracking requires using a data base program. The Council was in general agreement to postpone purchasing the sofitware until it is determined that it is effective and necessary. 1. 2. 3. Loso made a motion to accept the proposal of SEH in the amount of $ 11,950 for the implementation of the required NPDES II Permit. The motion was seconded by Rassier and passed unanimously. Other Matters: Loso questioned Bettendorf on the status of the parking lots from the previous meeting Bettendorf replied stating he has nothing at this time. Loso requested this matter be finalized at the December 17, 2002 Council meeting. ' Rick Poplinski. Madison Park: Rick Poplinski of Viking Development appeared before the Council to request annexation of approximately 34 acres of property abutting and south of Lynx Road. The prOpérty was previously owned by K & L Properties. Poplinski stated that he will be approaching the Planning I Commission with a Preliminary Plat to develop the property with mixed density including single family and multiple family dwelling units. Weyrens stated that SI. Joseph Township has considered the matter and unanimously approved detaching the property as requested. Loso made a motion to accept ¡ Resolution 2002-_ approving the annexation of the following described property: I The motion was seconded by Ehlert and passed unanimously. December 5, 2002 Page 4 of 6 Public Financing - Poplinski questioned if the Council would consider issuing municipal bonds for the I utility and street improvements. He stated that he was presented with the requirements of the City for consideration and is also aware that all bond payments must be guaranteed. Weyrens clarified the public financing would consist of a five (5) year bond that is secured by the developer both personally and by their business. If the bond payment cannot be met by the assessments, the developer is required to pay the shortfall. Mayor Hosch stated that it is his understanding that the City would be utilizing the bonding leverage of the City and this bond would not create any financial obligations on part of the City. By consensus, the Council authorized Poplinski to move forward with the applicalJon for public financing. Deferred Development Fee - Weyrens stated that when the SE Utility Project was financed, the assessment for the property being discussed at this time was deferred. The agreement required that when the property was sold or annexed the assessment would become due and payable. Poplinski is requesting that the deferred change be carried over time. The Council was in agreement that the agreement was established at the time the improvements were installed and it is important for the Council to be consistent in decision making. Therefore, the Council denied the request of Poplinski to defer the utility charges. Mayor Reports Affordable Housino Committee: Hosch reported the Affordable Housing Committee will be interviewing service providers for the administration of the GAP financing. Interviews will be conducted on December 6, 2002 and the successful provider will be awarded the contract on December 12, 2002. Ehlert stated that a sub committee of the Affordable Housing Task Force has been meeting to discuss the market values of the homes. As of this time they have not reached consensus. EDA Announcements: LME Trucking (Lakeville Motor Express Trucking) will not be locating in the Business Center as they have purchased a site with an existing building that meets their needs. However, it is his understanding that a second company is interested in purchasing the lot LME had an option on. I Council Reports SCHNEIDER Park Board: Schneider reported that Park Board has funds remaining and they will be presenting the Council with a list of projects to expend the allocated funds. Ehlert clarified that the Park Board Funds are capital funds that are allowed to roll forward into the current year. Therefore there is not a need to spend the funds in December. Schneider would like the City to send out a thank you card to Bill Wasner who has donated his trailer for the storing of all the skateboard equipment through the winter. The Council was in general agreement. EHLERT SE Utilitv Improvement: Ehlert questioned if the Township has been approached regarding a possible contribution for the repairs to Lynx Road as the road was in dire need of repair at the time of annexation. Weyrens stated that she and Hosch attended a recent SI. Joseph Township meeting and requested participation for the repairs to Lynx Road. The Board acknowledged that Lynx Road was in need of repair and they will consider a contribution in Spring of 2003. Each year in March the Board reviews all the Streets in the Township. During this review they will consider Lynx road. RASSIER I Plannino Commission Matters: Rassier reported the Public Hearing for the Comprehensive Plan is scheduled for December 10, 2002 at 7:00 PM. Weyrens reminded the Coun,cil that the public hearing is a joint hearing of the City Council and Planning Commission. I I I . December S, 2002 Page Sof 6 i I Rassier stated that he is in receipt of the letter from the Police Chief requesting the Council to reconsider the site plan approval of the Army requiring landscaping around the building. The letter indicates that I planting trees will impede security of the site. Rassier stated that after reviewing the site plan he does not believe the trees will be an issue. LOSO Amendment to Ordinance 71 - Bistro: Loso stated that he has discussed the proposed amendment to Ordinance 71 with some of the residents and is requesting the Council allow Bistro's to operate between May 1 and November 1, not September 1 and increase the time frame from 9:00 PM to 11 :00 PM. Lóso stated that October and November have the potential of warm weather, therefore creating an atmosphere for outside food and alcohol. i I i Loso made a motion to amend Ordinance 71 to allow alcohol to be consumed outside in I conjunction with food from May 1 to November 1 and to extend the time to 11 :00 PM. The moti'on was seconded by Ehlert. ' Discussion: Ehlert stated that he would agree to extend the time period but would like the opinion of the Police Chief before implementing changes to the amendment. Hosch stated that he also supports the motion, but has concerns with extending the time frame to 11 :00 PM. Ehlert I recommended the Council consider allowing outside alcohol consumption unti/1 0:00 PM, being consistent with Park rules. The Council was in general agreement that this matter should be I reviewed with the Police Chief before amendment. ' , , , Ehlert made a motion to table amendment to Ordinance 71 to December 17, 2002 so that the Police Chief can review the recommendations of Loso. If the Chief is acceptable to the amendment the matter should be placed on the consent agenda for the December 17, 2002 meeting for approval. The motion was seconded by Hosch and passed unanimously. (Note: A motion to table takes precedehce therefore the anginal motion of Loso is not acted upon.) I Administrator Reports , Public Information Meetino: Weyrens reported that Bettendorf is requesting the Council consider , conducing an open house to discuss the proposed street alignment of Field Street and Callaway Street. The City will be competing for federal funds for the transportation study and conducting an information' meeting before submitting the application would be a benefit in the application process. The Council ' agreed to schedule a public information/open house for January 8, 2003 to discuss the transportation links on the SE side of the City. Area Citv Meetino with Developers: Weyrens reported that the area City Administrators conducted a meeting with representatives of the CMBA to discuss items of mutual concern. A large part of the discussion focused on development issues such as drainage and erosion. The agenda for the meeting was divided into two parts: 1) City concerns; 2) CMBA concerns. The Committee will be meeting again on January 9, 2003 to continue discussion of items of concern. i Adiourn: Loso made a motion to adjourn at 9:10 PM; seconded by Ehlert and passed unanimOUiSIY. ~dY d Weyrens M inistrator/Clerk I THIS PAGE INTENTIONALLY LEFT BLANK I I