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HomeMy WebLinkAbout2005 [08] Aug 04 August 4, 2005 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session on Thursday, August 4, 2005 at 7:00 PM in the St. Joseph City Hall. I Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz. City Attorney Tom Jovanovich Citv Representatives Present:, City Engineers Tracy Ekola, Joe Bettendorf, Police Chief Pete Jansky Others Present: Dan Schmitz, Jim Fredricks, Rick Packer, Lutie Wilgren, Chad Carlson Approve Aqenda: Rassier made a motion to approve the agenda with the following changes: Move 12a to 9d Delete 12b Delete 12c North east/west corridor study Board of Review Water Ban The motion was seconded by Symanietz and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the consent agenda as follows: a. b. c. d. I e. f. g. h. Bills Payable - Approve check numbers 036016-036070 Minutes - Approve the Council Minutes Capital Purchase - Authorize the purchase of a replacement switcher for the Cable Access Department from Complete Electronics in the amount of $1,000.00. Application for Payment - Authorize the Mayor to execute Pay Application #3 for the 2005 Hill Street Improvement and authorize payment to RL Larson in the amount of $169,100. Application for Payment - Authorize the Mayor to execute Pay Application #3 Final for the 2004 Test Well Project and authorize payment to Traut Wells in the amount of $1,472.67. Application for Payment - Authorize the Mayor to execute Pay Application #3 for the 2005 Cloverdale Improvement and authorize payment to Larson Excavating in the amount of $114,579.53. Grant Acceptance - Authorize the Mayor and Administrator to execute a grant agreement between the City of St. Joseph and MN Department of Public safety for Underage Access to Alcohol. The grant is in the amount of $2,000. Gambling Application - Accept the Gambling Premise Permit for the St. Joseph Volunteer Firefighters for a fund raiser to be held at the EI Paso on October 21, 2005. The motion was seconded by Rassier and passed unanimously. Public Comments: o Tom Petroski, 1407 Pond View Lane E, addressed the Councilors in regards to the watering ban in St. Joseph. He stated that he tried to put in a lawn right before the ban was implemented. He did all of the prep work and then when he heard of the watering ban, he was told to wait to lay sod until the ban had been lifted. He laid the sod anyhow, but stated that 3 hours every other night is not enough to keep the lawn healthy. According to Petroski, St. Joseph is not the only city with this problem. He has contacted other cities such as Sartell and Sauk Rapids. They use the odd/even watering system as well, however they issue permits to those with new lawns. He also contacted several cities in the Twin Cities and they do things a similar way. He stated that it is frustrating to see his neighbors watering freely when there is a watering ban. According to Petroski, he has seven zones and he would need 5 hours of watering time to water each zone for 45 minutes. Petroski is asking the Council to consider issuing permits to residents who have new lawns. I Colleqe of St. Benedict - Variance Request. Maximum Curb Cut: Carlbom stated that the College of St. Benedict is requesting a 6-foot variance on the maximum allowed curb cut in a R1 Zoning District. The August 4, 2005 Page 2 of 7 College is requesting a larger opening to accommodate the traffic at the Presidents Residence. Previously, the Planning Commission conducted a Public Hearing on the matter and recommended the I Council approve the variance as requested. The findings of fact included that since the Presidents Residence was built as an expanded single family residence, unique circumstances apply and the variance should be granted. Jim Fredricks, Facility Management Officer, spoke on behalf of the College of St. Benedict. He stated that it is very exciting to have the President of the College living in the community. The President's Residence will be used primarily for her residence, however approximately 10% of the time it will be used as hospitality suites for the College's donors. Fredricks advised the Council that when they do host functions at the residence, the College does the catering. As a result, there are vehicles entering and leaving the premise at the same time. There is enough room to accommodate 70 people in the house and there is seating for 24 for dinner. Rassier stated that the Planning Commission looked at why the 6' variance should and should not be granted. One reason for which this variance should be granted is that there is no off-street parking along County Road 121. The catering vehicles have to be able to get in and out of the driveway. On the other hand, the City is trying to keep the curb cuts standard in the City and this would deviate from that plan. Fredricks stated that as this project progressed, they found out more about the possible uses for the facility. Rieke made a motion to accept the Findings of the Planning Commission and grant a 6' variance on the maximum curb cut. The motion was seconded by Symanietz. Ayes: Carlbom, Rieke, Symanietz Nays: None Abstain: Rassier Motion Carried 3:0:1 Councilor Wick arrived. I Noise Violation. Dan Schmitz. 111 - 6th Avenue NE: Carbom stated that the Council has received an alleged noise violation for the property located at 111 - 6th Avenue NE. The incident occurred on July 10, 2005. The property owner has been notified of the alleged violation and an evidentiary hearing was not requested. Therefore, the Council must acknowledge the violation and determine the disposition. Rassier made a motion acknowledging that a noise violation did occur on July 10, 2005 at 111 _ 6th Avenue NE. The motion was seconded by Symanietz and passed unanimously. There were some questions raised as to the correct address of the violation. The letter that Schmitz received showed 111 - 6th Avenue NE, whereas the Police Report showed 109 - 6th Avenue SE. Chief Jansky was present at the meeting and he verified that the correct address was 111 - 6th Avenue NE. Schmitz approached the commissioners to discuss the alleged violation. He stated that he never received a letter notifying him of the violation. According to Schmitz, he read it in the Newsleader and then followed up with the City. The City Offices were then notified of the incident and a letter was then given to Schmitz. Schmitz also stated that he was told that there was a warning issued in June that he was never made aware of. He made the Council aware of the fact that he was upset about not receiving notice of the warning, as he cannot correct a problem that he is not aware of. Chief Jansky approached the Council to discuss the policy and why things were done the way they were. According to Jansky, the tenants were first given a verbal warning. Not all of the landlords are notified when a warning is given. He admitted that it was his fault that the information was not given to Weyrens in time for her to begin the process. I Rassier made a motion to impose a $150 fine to Schmitz for the noise violation that occurred on July 10, 2005 at 111 - 6th Avenue SE. The motion was seconded by Rieke. I I I August 4, 2005 Page 3 of 7 Discussion: Carlbom questioned whether or not the same tenants will be living at the residence for the rental license period 2005 - 2006. Schmitz stated that they will be there all year, however the tenants signed a policy stating that if another noise violation were to occur, they would need to vacate immediately. Schmitz asked that this not go on his record. Both Rassier and Carlbom advised him that this would go on his record. Ayes: Carlbom, Rassier, Rieke, Symanietz Nays: None Abstain: Wick Motion Carried 4:0:1 Arcon Development. reauest for waiver of drainaae escrow: Previously, the City Council authorized execution of the Development Agreement between the City of St. Joseph and Arcon Development. The Development Agreement included a provision for security of improvements. The Developer, Rick Packer, indicated that he would be completing the development in phases, which the Council agreed to. The Council only agreed to the subdividing of work, not relief of security requirements. Packer has requested relief of the security provisions and this can only be completed by resolution of the City Council. Rick Packer, Arcon Development, approached the Councilors to address his request for waiver of the drainage escrow. He stated that he had had discussions with Weyrens and there were some misunderstandings between them. Due to the many delays, Packer previously advised the Council that he would not be able to complete the project this year. As a result, he was only going to do the grading this year. The issue now becomes whether or not he is to provide a letter of credit for both the grading as well as erosion control or if he can simply provide a letter of credit to cover the erosion control. Packer stated that he has a NPDES Permit with the State, whereas if there any issues that arise, the State would come and check the site for compliance. Tom Jovanovich, City Attorney, was present at the meeting as well. He stated that he does not normally like to negotiate Developer Agreements. At a staff meeting, it was decided that Packer was going to provide a letter of credit for the grading and erosion control portion of the project, which would be $460,000. Now, he is asking to cut that amount down and only provide a letter of credit for the erosion control portion, which is only $106,000. Packer stated that he misinterpreted the Developer's Agreement when it referred to "mass grading", as he had never seen that before. He also mentioned that Weyrens agreed to allow them to grade for two weeks. According to Ekola, Arcon will be doing both the site grading as well as the erosion control this year. Rassier stated that he drove by the construction site and it appears as if they are doing mass grading as the top sod is already gone and 60% of the black dirt has been moved and removed. Packer advised the Council that Rassier is correct and they are now working on scraping and clearing the lot. Wick questioned Packer on the amount of work that will be done. Packer stated that his is willing to provide an escrow equal to the erosion control costs or $106,000. The work that will be completed is approximately $ 460,000. With this being said, Carlbom questioned Packer as to what he thought "mass grading" meant. Packer advised the Council that he thought it meant grading for utilities or public improvements. Carlbom stated that there seemed to be some confusion on how it was written in the Developer Agreement. The entire Agreement was not available for the Council to refer to. In his defense, Packer stated that agreements don't always make sense. Jovanovich; however, stated that this same Developer Agreement is used in every City that he represents and that this is the first time there is a request to have part of this waived. According to Bettendorf, he hasn't seen this in a long time. Jovanovich asked Bettendorf for his opinion, from an engineering perspective, on the following issue: With this area being cleared so close to the river and the mass amount of dirt that is being moved, can the City clean up the area, if need be, for $1 06,000? Bettendorf stated that he couldn't assure him that $106,000 will cover all those costs. Bettendorf stated that we require this same type of escrow from all contractors doing work in the City, even if it is for a public improvement project. Jovanovich stated that Packer signed a Memorandum of Understanding requiring the escrow for the site grading/erosion control. The escrow serves as a security for the City in a worst-case scenario. August 4, 2005 Page 4 of 7 Wick made a motion to keep the Developer Agreement as it is written, required the Developer to I comply with the security provision of the same. Further, Administration should verify that the Development Agreement and Memorandum of Understanding have been executed and recorded. The motion was seconded by Symanietz. Carlbom stated that he is still concerned about how this information was written in the Developer Agreement that was signed by both parties. Packer stated that he would like the Council to separate the site grading and erosion control in the Developer Agreement. According to Rassier, the total costs for all of the improvements are $1,200,000, whereas they are only being asked for $460,000. Rieke stated that the timeliness of recording the Developer Agreement should be dealt with at another time. Wick amended the motion to remove the need to verify that the plat and Developer Agreements are filed properly. The motion was seconded by Symanietz and passed unanimously. Northland Heights Lumber One Avon, Northland Heiqhts Final Plat: Ekola stated that she has reviewed the final plat for Northland Heights and has one comment. Block 5 Lot 3 & Block 6 Lot 1, the utility easement should be increased to 30' to accommodate the depth of the utility being installed. Carlson of Lumber One Avon agreed to the change. . Rassier made a motion to approve the Final Plat for Northland Heights as recommended by the Planning Commission. Approval is contingent upon the additional 5' easement width between Block 5 Lot 3 and Block 6 Lot 1. The motion was seconded by Rieke and passed unanimously. Lumber One Avon. Northland Heiqhts Development Aqreement: The Council was presented with the Development Agreement between the City of St. Joseph and Lumber One Avon. Mayor Carlbom and Jovanovich stated that the Agreement is not complete, as sections 4.1, 7.14 and 7.17 have been left blank. Rassier questioned whether or not this matter could be tabled to a future meeting, allowing the Agreement to be completed. Carlson stated that Lumber One would like to begin as soon as possible and requested to be placed on the first available agenda. I Rassier made a motion to table action on the Development Agreement until August 6, 2005, allowing staff to complete the Agreement. The motion was seconded by Wick and passed unanimously. Carlson requested the Council consider deferring the assessments for Jasmine Lane until phase two and to allow Lumber One credit for the City required trail through the wetland. The Council deferred this matter to staff for review. Northland Heiqhts, Public Improvement Bids: Ekola stated that the bids were opened on Tuesday, August 4, 2005 for the Northland Heights Improvements. The following bids were received: Erin Contracting Randy Kramer Excavating SJ Louis Construction JR Ferche Inc Richard Knutson Kuechle Underground RL Larson Excavating Barbarossa & Sons $ 1,679,133.49 1,789,998.37 1,974,792.80 2,068,564.08 2,092,882.95 2,128,198.00 2,129,274.08 2,185,075.07 Ekola reported that Erin Contracting, Coon Rapids, MN was the lowest bidder. Based on the lack of I experience with this contractor, SEH contacted their references. Previously, one of the employees owned a company that did work in the City of St. Joseph and that company went under. Ekola stated that she checked with other engineers in cities where Erin Contracting has done work. She received all good I I I August4,2005 Page 5 of7 comments. Wick questioned how they came in so much lower with their bid. The biggest difference in cost is the dirt work. Bettendorf stated that they must have proposed to do the work at cost because their bid does assume the cost to do the work. Ekola stated that their costs for dewatering were also lower, which she stated is due to the fact that they have their own equipment. According to Ekola, she would rather go with the second lowest bidder because of past experience with them, however, no experience with St. Joseph does not mean that Erin Contracting is not a responsible contractor. Jovanovich stated that the City must accept the lowest responsible bidder. Rassier made a motion to adopt Resolution 2005-18 accepting the low bid of Erin Contracting in the amount of $ 1,679,133.49 for the improvements for Northland Heights. The motion was seconded by Rieke and passed unanimously. CITY ENGINEER REPORTS Proposed 2006 Street Improvement Proiect: Ekola stated that they are asking the City Council to authorize SEH to prepare the Feasibility Report for the 2006 Street Improvement Project, which will consist of improving the following streets and replacing water and sewer lines: o 1st Avenue SE & NE (from Baker Street to Hwy 75) o 2nd Avenue SE & NE (from Baker Street to Ash Street E) o 3rd Avenue SE & NE (from Baker Street to Ash Street E) o Able Street E (from 1st Avenue SE to 3rd Avenue SE) Rassier made a motion to adopt Resolution 2005-19 authorizing SEH to prepare the Feasibility Report for the 2006 Street Improvement Project. The motion was seconded by Wick and passed unanimously. 2005 Sanitary Sewer Rehabilitation: Ekola reported that the Sanitary Sewer Rehabilitation for the Date Street section was included in the Capital Improvement Plan for 2005 at a cost of $20,600. The section near Birch Street W, however, was not included in the Capital Improvement Plan. It is the recommendation of the public works staff and engineering that this section be included with the 2005 Sanitary Sewer Rehabilitation. Rassier made a motion to authorize SEH to obtain quotes for the 2005 Sanitary Sewer Rehabilitation. The motion was seconded by Symanietz and passed unanimously. North east/west corridor study: Bettendorf reported that last week he met with Judy Weyrens, Dick Taufen, Scott Mareck (APO) and Mitch Anderson (Stearns County) to review the proposals for the corridor study. The North east/west corridor study will consist of realigning County Road 2 from the Interstate to the west of the City west of Hwy 75 and then realigning the north corridor east of the City limits to County Road 3 on the west. After their meeting, it was determined that interviews were not necessary. Proposals were received from SRF, WSB, and Boonestroo, Anderlik, and Associates. The proposals were as follows: o SRF $314,406 o WSB $337,666 o Boonestroo $349,849 WSB and Boonestroo included the delineation of wetlands in their proposals, which SRF did not. These are only good for 3 years and cost $7-8,000. SRF did not include that in their proposal, as it is too premature at this time. Bettendorf stated that the project budget is $371,000, of which $220,000 will come from Federal Funds, $118,000 is City responsibility and $33,000 is Stearns County responsibility. Bettendorf also stated that the following two federal studies may need to be completed during the study process: August4,2005 Page 6 of 7 o 4F: The impact of the project on parks: is there enough crossing at the Wobegon Trail without I affecting this. o 6F: County Road 3 to angle west: taking right of way or taking of parkland (Millstream) where federal money was spent. If this is necessary, it will cost roughly $4,000. Wick questioned if there will be an increase in the amount of traffic to which Bettendorf replied yes. There will also be a Phase 1 Cultural Evaluation done as well, which will look at any historical items such as Indian Mounds. None of the proposals included this, but Bettendorf stated that they will work with MN Dot to accomplish this. If the City uses one of MN Dot's consultants, MN Dot will pay for 80% of the evaluation. A Phase 2 evaluation will be done as well if more detail is needed. Bettendorf stated that he would recommend that the Council award the contract to SRF. Jovanovich advised Bettendorf to put the contract together and then bring it back for Council approval. Rieke made a motion to award the study to SRF upon approval of the contract. The motion was seconded by Wick and passed unanimously. MA VOR REPORTS River Bats: Carlbom reported that the St. Joseph Chamber sponsored St. Joseph Night at the River Bats game on August 1, 2005 to which 550 tickets were sold. COUNCIL REPORTS SYMAN I ETZ CGMC Conference: Symanietz reported that she attended the 2005 summer conference, which was held I in Moorhead, MN. They discussed items such as bonding priorities, LGA, and the CGMC audit. Next summer the conference will be held in Red Wing, MN. Larry Hosch received an award for Outstanding First Term Legislator. WICK APO Meetinq: Wick reported that at the next meeting, which is scheduled for Tuesday, August 9, 2005, Representative Kennedy will be present to award transportation funding in the amount of $16.8 million. They will also be approving some new access management guidelines. Bettendorf stated that he had no problems with the new guidelines. RASSIER Board of Review: Rassier asked that this agenda item be pulled and discussed at their budget meeting scheduled for August 9, 2005. Downtown Committee: Rassier commented that anyone who is a part of the Downtown Committee should keep in mind that the Historical Society is still searching for a building. They have a lot of items, but nowhere to display them. RIEKE Other Matters: Jovanovich reported that he is aware that the City Administrator has a job opportunity and plans to discuss the matter with the Council on August 9, 2005. He stated that the City has grown, but I EDA: Rieke reported that the EDA met on August 3, 2005. I I I August 4, 2005 Page 7 of 7 reminded the Council that the amount of administration staff has not and he encourages the Council to discuss the future needs of St. Joseph with Weyrens. Adiourn: Rassier made a motion to adjourn; seconded by Symanietz and passed unanimously. ~i:~