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HomeMy WebLinkAbout2005 [10] Oct 06 I I I October 6, 2005 Page 1 of 8 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, October 6, 2005 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: City Engineers Tracy Ekola, Joe Bettendorf Others Present: Linda Sniezek, Molly Zinney, Megan Zinken, Dan Nierengarten, Dennis Steuve Approve Aqenda: Rassier made a motion to approve the agenda with the following changes: Move 3 Consent Agenda - Move for discussion after the Noise Violation Add 11c Request for Part-time Officer Add 11d Fall Retreat Add 11e LELS Contract Committee The motion was seconded by Rieke and passed unanimously. Public Comments: No one present wished to speak. Noise Violation: Weyrens stated that the Council has received an alleged noise violation for the property located at 213 Minnesota Street East. The incident occurred on September 1, 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 occurred on September 1st at 213 E Minnesota Street. The motion was seconded by Rieke and passed unanimously. Linda Sniezek approached the Council as the landlord for 213 E Minnesota Street. She stated that she received a call at 12:30AM from the Police regarding a noise violation. According to Sniezek, when she arrived at the house that evening, there were only two people at the residence who were not tenants. Sniezek stated that she is very tough on her renters when it comes to Noise Violations. She advises her tenants to get to know their neighbors and not disrupt the neighborhood. After the incident occurred, the tenants from 213 E Minnesota St. approached their neighbors to apologize and gave their numbers as well as Sniezek's in case there are any future concerns that they have. The tenants will receive a $350 fine from Sniezek per their lease. Carlbom stated that in reviewing the file, there were no noise violations within the three-year review period. Rassier asked tenant Megan Zinken to come forward. The police report noted that Zinken refused to let the Police enter the house. Zinken explained that she got scared and wasn't sure what to do at that time. She also stated that they learned their lesson. Carlbom clarified that there only one minor consumption ticket issued that evening. Rassier made a motion to impose a $150 fine to Sniezek for the noise violation that occurred on September 1, 2005 at 213 East Minnesota Street. The motion was seconded by Wick and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the Consent Agenda as follows; seconded by Rieke. a. Minutes - Approve the minutes of September 15 and 21,2005 b. Bills Payable - Approve check numbers 36259-36309 c. Application for Payment - Authorize the Mayor to execute Application for Payment #1 for the 2005 Northland Heights Improvement Project and authorize payment to Erin Contracting in the amount of $11,696.09. October 6, 2005 Page 2 of 8 d. Application for Payment - Authorize the Mayor to execute Application for Payment #6 for I the 2004 Northland Plat 8 Project and authorize payment to Molitor Excavating in the amount of $24,174.88. e. Application for Payment - Authorize the Mayor to execute Application for Payment #5 for the 2005 Hill Street and 3rd Avenue SW Improvements and authorize payment to RL Larson Excavating in the amount of $25,353.79. f. Application for Payment - Authorize the Mayor to execute Application for Payment #5 for the 2005 Cloverdale Area Improvements and authorize payment to Larson Excavating in the amount of $1,883.99. g. NIMS Resolution - Authorize the Mayor and Administrator to execute Resolution 2005-22 Promoting the Use of Intrastate Mutual-Aid Agreements and Resolution 2005-23 Adopting NIMS. h. Capital Improvement Request - Authorize the expenditure of $3,400 to provide lighting to the storage lot behind the Maintenance Shop. i. Capital Purchase Request - Authorize the expenditure of $5,000 to upgrade the kitchen facilities in Millstream Park as requested by the Park Board. j. Supporting Resolution - Authorize the Mayor and Administrator to execute Resolution 2005-24 declaring 2006 as "The Church of St. Joseph's Sesquicentennial". k. Engineering Rates - Accept the 2006 Engineering Rate Table effective April 1, 2006. Rassier stated that he had some questions regarding the Application for Payments for a few of the projects. He questioned the following projects: o Northland Heights Improvements: He asked for explanation an explanation of the rock construction for the entrance, the pond skimmer, and sign panels. o Northland 8 Improvements: Rassier stated that there were no change orders brought to the Council for the Northland 8 Improvement, however the total amount was more than the contract amount. Bettendorf stated that they do allow for an engineering contingency and if there are I changes in unit prices or quantity, a change order is not needed. However, if something were added that was not in the contract, then a change order would need Council approval. o Hill Street: There was a charge for water, which Ekola explained was for the water that was used during construction. The motion passed unanimously. Debt Manaqement Study: Annually, Monte Eastvold prepares a Debt Management Study. The purpose of the study is to: 1. Analyze existing debt of the City, noting revenue sources to service the debt; 2. Analyze existing and future debt service Fund Balances based upon anticipated revenue sources; in short, a cash flow analysis for each outstanding bond issue; 3. Note special features such as early call provisions that may enhance or create financing mechanisms for other City needs. Eastvold discussed each of the outstanding bond issues in short detail. 1. 545M G. O. Improvement Bonds of 1998 - Street Improvements. Water/Sewer for 90th & 9151 Eastvold stated that this bond is being paid for through special assessments and tax levies. At this point, this bond has a healthy fund balance. 2. 1.330M G.O. Improvement Bonds of 1999 - Joseph Street. Business Park. Northland Drive This bond is being funded through special assessments and sewer trunk funds. If sewer revenues and special assessments are received as scheduled, a deficit may develop in 2012. As a result, Eastvold stated that increased sewer trunk charges might be required to provide a positive cash flow. 3. 810M G. O. Improvement Bonds of 2001 - Northland Addition I October 6, 2005 Page 3 of 8 I This bond issue is funded primarily through special assessments. Towards the end of the length of the bond, there may be a positive fund balance, which Eastvold stated could be transferred to other general funds. 4. 640M G. O. Sewer Revenue Bonds of 2001 - Sewer Transportation Cost This bond is payable from special assessments as well as SAC charges. Eastvold noted that it is anticipated that there will be a deficit and, as a result, increased sewer hook-up fees may be required to pay for the deficit. 5. 245M G. O. Certificates of Indebtedness of 2002 Monte stated that the proceeds from this bond issue financed the purchase of a Fire Department Ladder Truck and a Front End Loader wI Auger. This bond is being paid for by tax levies. He also mentioned that there might be a slight surplus when the bond is called, which may be kept in the Administration Fund. 6. 4. 700M G. O. Improvement Bonds of 2002 The proceeds from this bond issue financed the CSAH 121, Business Park, SE Utility Extension and Street Reconstruction Improvements. This bond is being paid for through State Aid Funds, utility payments, tax levies and special assessments. This bond may have a deficit, which may require increases in either tax levies or utility rates. I Wick questioned whether or not the balance from the 810M G.O. Improvement Bonds of 2001 could be put towards this bond to help with the deficit, which Eastvold stated could be done. Also, Bettendorf mentioned that there would be more state aid money coming, as CR 121 is a Municipal State Aid Route. 7. 810M G. O. Water Revenue RefundinG Bonds of 2002 This bond is payable primarily through the revenues of the water system. It is recommended that due to sufficient cash in the Debt Service Fund, the City will have the option to payoff the entire bond issue at the call date. 8. 700M Public Proiect Revenue Bonds of 2003 - Public Works Facilitv Eastvold stated that this bond is being paid for through payments made to the St. Joseph EDA, as there is a lease between the EDA and the City. The pays this with funds collected through tax levies. 9. 750M G.o. Improvement RefundinG Bonds of 2003 The proceeds from this Bond refinanced the Improvement Bonds of 1992,1993 and 1996. The bonds payments are payable though special assessments and tax levies. 10. 815M G. O. Fire Hall RefundinG Bonds of 2003 This bond is payable from fire service contract payments from St. Joseph Township and St. Wendel Township as well as tax levies. According to Eastvold, it may be possible to eliminate some tax levies in the final year of the bond. 11. 2. 135M G. O. Improvement Bonds of 2003 The proceeds from this Bond Issue financed watermain extensions, a storm water management plan, and the Liberty Point and Northland 7 projects. The bonds are payable from utility rates as well as special assessments. I 12. 59 OM G. O. Improvement Bonds of 2004 Eastvold reported that these Bonds are payable from special assessments and tax levies. The Bond proceeds financed Northland 8, 16th Avenue and Park Improvements. 13. 280M G. O. Certificate of Indebtedness of 2004 The proceeds from this Bond Issue financed a sewer-flushing machine, air conveyance unit, electric filing system, and Police Dept. equipment. This bond is payable from tax levies. October 6, 2005 Page 4 of 8 14. 645M Public Proiect Revenue Crossover Refundina Bonds. Series 2005-A - City Hall I These bonds are payable through tax levies. Eastvold mentioned that in 2008 the Interest rate would be reduced, which will result in tax levies being reduced. 15. 1. 655M G. O. Improvement Bonds of 2005 Eastvold reported that the proceeds from this Bond Issue financed the 2005 Cloverdale and Hill Street Improvements. These bond payments are payable through special assessments and tax levies. 16. 3.100M G. O. Improvement Bonds of 2005 These Bonds are payable from special assessment and tax levies as well as Federal/County Funding. He mentioned that the proceeds financed the Northland Heights Improvement Project as well as the Transportation Corridor Studies. Eastvold stated that tax levies would eventually decrease over time to allow for future bond issues. This gives the City a foundation for Planning. He stated that he would continue to monitor the City's debts on an annual basis. Percheron Properties. Special Use Request: Weyrens stated that previously the Planning Commission conducted a Public Hearing for the issuance of a Special Use Permit for Percheron Properties. The Special Use permit requested a mixed density development of the former Linneman Building. The main floor will be remodeled to add additional office lease space and the second and third floor will be converted to two rental units for 10 occupants. The property owner is only seeking issuance of the Special User Permit at this time. The Planning Commission recommended approval of the Special Use Permit contingent upon the property owner meeting all applicable Ordinance Requirements; completing the rental licensing process; and completing the development review process. Weyrens added that they are still working on parking and design issues. I Wick made a motion to approve the Special Use Permit allowing a mixed density development at 31 Minnesota Street East with the following contingencies: 1. The building must meet all applicable Ordinance requirements 2. The property owner must complete the rental licensing process 3. A complete development plan must be submitted to the Planning Commission for final review and approval. The motion was seconded by Rassier and passed unanimously. CITY ENGINEER REPORTS APO Study: Carlbom stated that it was apparent at the last APO meeting that the APO is not in agreement with the TAC Committee. Bettendorf stated that this past summer, the APO staff and the TAC Committee approved 20 of the 30 roadway projects. They were to have received $130 million in federal funding. MN Dot has been using more money to payoff other projects, which results in a reduction in funds available to $94 million. He also stated that the APO has been moving projects around so much and they are losing the big picture for the long-range transportation plans. The T AC Committee feels that each City should receive funding assistance. Wick added that Sauk Rapids, St. Joseph, and St. Augusta lost out on some of the funds. Bettendorf stated that $2.4 million has been set aside to fund corridor studies such as the North/South Corridor between Waite Park and St. Joseph connecting Hwy 23 and CR 133 as well as the Southwest Beltway. Carlbom requested that the SEH report on a regular basis as to the action of the APO T AC . Request to Vacate - 304th Street: Bettendorf stated that his still reviewing the request to vacate 304th I Street in St. Joseph Township. Before the Council can make a decision he would like to explore further the existing rail crossing and the impact on future transportation corridors in the Industrial Park. If, after I I I October 6, 2005 Page 5 of 8 reviewing the information, he finds that there is no future need, he would have no problem with vacating the right-of-way. Rieke made a motion to table this issue until the City Engineer requests consideration for action. Tabling of this matter will allow Bettendorf more time for review. The motion was seconded by Symanietz and passed unanimously. SRF Contract: Bettendorf reported that the City has award the contract for the North east/west corridor study to SRF. Before the contract could be executed SRF was required to submit audit information and include a provision that a minority contractor will complete 5% of the contract. SRF has submitted the required information and at this time the City can execute the contract between the City of St. Joseph, Minnesota Department of Transportation and SRF. Rieke made a motion authorizing the Mayor and Administrator to execute the contract between the City of St. Joseph, the Minnesota Department of Transportation and SRF to complete a corridor study for the North east/west corridor. The motion was seconded by Wick and passed unanimously. Proposed 2006 Street Improvements: Ekola advised the Council that the Public Hearing was held on September 21,2005. In response to some questions raised by some of the residents, she stated that she put together a memo, which was sent to all of the affected property owners. Carlbom added that he has only had one resident call regarding the proposed improvements. Ekola stated that there were two corrections made to the assessment roll. Revised assessment worksheets were sent out to Leo and Dorothy Sadlo as well as Robert Gamades. Ekola addressed some of the issues that were discussed in her memo to the residents. 1. What is the existing and proposed width for 1st Avenue SE? Currently, 1st Avenue SE varies in width. She stated that a consistent width is preferred for both construction and maintenance purposes. They do not expect any potential problems related to adjusting the width to make it consistent. 2. Do the alleys need to be improved? Should dead end alleys be improved? Ekola explained that whenever the City plans a street improvement project, abutting alleys are also considered. Based on the feasibility study and public comments, the Council can decide whether to improve the alleys or not with the street improvement project. She also mentioned that generally dead end alleys that do not provide front access are not improved. However, this is not always the case if the alley is used for garbage collection. This again is up to Council discretion. 3. Does curb and gutter need to be replaced? Due to its condition, most of the curb and gutter does not need to be replaced. There are some streets, however, that do not have existing concrete curb and gutter and some that have old concrete curb but no actual gutter, which leads to drainage issues. Some of the areas that have newer curb and gutter may still need to replace their curb and gutter due to fact that the watermain will need to be replaced. She stated that they would try to save as much of the relatively new curb and gutter as possible. Generally it costs more to work around existing curb than to replace it and in most cases the curb and street have the same life. 4. How will the project affect the 4th of July Celebration? Ekola stated that due to the length of time required to complete the project, they cannot wait until after July 4th to begin working. She did mention, however, that they will work with the contractor to make sure that things are shut down early enough and that things are relatively safe to allow for parking along the streets and to not affect the 4th of July Celebration. 5. Can the City provide 24-hour access to Quality Care Services, Inc? October 6, 2005 Page 6 of 8 Quality Care Services is a home for persons with disabilities and is located on the corner of 3rd Avenue SE and Baker Street E. Access on Baker Street will not be affected by the project. Ekola stated that they have two accesses and they will work with them to coordinate access issues. 6. Consider the Sanitary Sewer Alternate instead of replacing all sanitary sewers in the project area. The Sanitary Sewer Alternate (Repair Only) is a viable option, however there is more risk with repairing vs. replacing the Sanitary Sewer. There is a potential for increased maintenance and repairs in the future. 7. Consider providing relief to the residents on 1st A venue SE since buses use this route daily. A previous reconstruction project (2nd Avenue NW) was assessed at 50% rather than 60% to allow relief to abutting properties since the street was an established and well-used truck route. The amount of traffic and wear expected from the increased school bus traffic may not be comparable to the 2nd Avenue NW project. Also, the possible relocation of Kennedy School may make this issue obsolete. 8. Is it necessary to do this project in 2006? Ekola stated that this is the last area of St. Joseph with a significant amount of cast iron watermain and she strongly recommends that the improvement be completed in 2006 to coincide with the start of the water system chlorination. Chlorination of the water system is scheduled to begin in Spring 2006. She also mentioned that they believe that construction costs will continue to rise and a delay in the project would likely result in increased costs for the property owners. I 9. Current driveway reimbursement policy Ekola stated that the property owners will receive a copy of the City's current driveway reimbursement policy. Rieke stated that he is under the understanding that people do not want the alleys done. Ekola stated that I if they do not replace the Sanitary Sewer, it would be a good idea to line the sewers. According to Rassier, it is not a good idea to line the clay tile, and as a result, he stated it would be best to replace all the watermains and sanitary sewers. Field Street Study - Cultural Resource Contract: Bettendorf reported that the funding for Field Street requires the City to complete a Cultural and Archeological study of the proposed corridor. The Minnesota Department of Transportation has a funding program whereby they hire a consultant and pay 80% of the contact with the City paying the remaining 20%. The estimated City cost of the project is approximately $ 14, 000. It is important to begin the process now before the ground freezes as if additional work is required it will not delay the process. MNdot is requesting that the authorization to execute the contract include a provision allowing the Administrator to execute an amendment to the contract if additional work is needed. Weyrens added that they do not want to delay the process. If the Council would feel more comfortable, they would put a limit as to the maximum overage that would be allowed. Wick made a motion to authorize the Mayor and Administrator to execute Resolution 2005-25 accepting an agreement for services between MN Dot Cultural Resource Unit and the City of St. Joseph to complete and archeological and cultural impact study of the proposed Field Street Corridor as well as authorize the City Administrator to execute amendments not to exceed a City cost of $18,000 upon review by the City Engineer. The motion was seconded by Symanietz and passed unanimously. MAYOR REPORTS Downtown Committee Meetinq: Carlbom reported that the Downtown Committee held a reception at the College of St. Benedict. There were several business owners there who are excited to invest in their I I I I October 6, 2005 Page 7 of 8 business. The Downtown Committee along with the St. Joseph Economic Development Authority will be sponsoring a speaker on Downtown Development on October 26, 2005. District 742 School Issue: Carlbom stated that the School Board is continuing discussions about possible land in St. Joseph. HCP: Carlbom mentioned that the HCP will be starting a report card process in which they will rate the St. Joseph Businesses for their amenities. Field Street: Previously, a Public Meeting was held for the proposed Field Street Corridor. Carlbom stated that it was a great meeting and he was happy to have the public involved in the process. COUNCIL REPORTS SYMANITZ APO: Symanietz reported that the St. Cloud APO Full Board met. WICK DNR Grant: Wick reported that the Park Board is in the process of re-submitting a grant application to the DNR for funding assistance for the construction of a bathroom facility at Northland Park. The application was denied the first time, as it did not meet all the requirements for accessibility. RASSIER Stearns County Municipal Leaque: Rassier reminded the Council that the Stearns County Municipal League meeting is at the St. Joseph Fire Hall on October 18, 2005 at 8:00 PM. RIEKE Downtown Committee Meetinq: Rieke reported that they had several new attendees present who are ready to make investments in their businesses. ADMINISTRATOR REPORTS District 742 Aqreement: Weyrens reported that District 742 is requesting a cost estimate for the proposed school to be located on the Ted Schmid/Bill Molitor property. This information cannot be provided without the completion of the feasibility report. District 742 does not want to pay the cost for the study at this time but would agree to wrap the cost into the final assessment. Bettendorf added that the school district does not want the property to be split by a road. It is hard to determine what needs to be done, as there is no site plan yet. They will look at two different options for traffic: either 12th Avenue or Jade Road as the alternate. Rassier made a motion authorizing the Engineer to prepare a feasibility report for the proposed improvements for the proposed District 742 School. The cost of the feasibility will be reimbursed to the City through the final assessment roll. The motion was seconded by Rieke and passed unanimously. Fall Retreat: Weyrens is requesting that the Council and the Department Heads schedule a half-day workshop to discuss issues such as: o School Board Issues o Visioning for the future o Water Rates October 6, 2005 Page 8 of 8 Part-time Police Officer: Previously, the Hiring Committee (Rassier and Symanietz) met and conducted interviews for the Part-time Police Officer position. The top candidate was Louis Richard Etshokin. A background check has been completed and nothing was found to prohibit the City from hiring Etshokin. I The Council agreed to meet on October 19, 2005 at 1:00 PM. Rassier made a motion hiring Louis Richard Etshokin to fill the Part-time Police Officer position contingent upon the successful completion of a psychological test and physical. LELS Contract Committee: Weyrens stated that the LELS has given their intent to bargain for the 2006- 2007 contract. She stated that normally two Council members are a part of the bargaining committee. Rassier stated that due to elections next year, it would be best for himself along with Symanietz to be on the bargaining committee as they are not up for re-election. The Council concurred and appointed Rassier and Symanietz as the bargaining committee. Refuse Contract: Weyrens reported that the contract with BFI/Allied Waste ends in December of 2005. Therefore the City will be soliciting bids for refuse service with the Council receiving the bid tabulations on November 3, 2005. Rassier added that it is important that the refuse provider continue to offer the fall and spring cleanup days. Weyrens reminded residents that the fall cleanup was on Thursday, October 6 and again on Thursday, October 13, 2005. The appliance drop off will be held On October 16, 2005 from 7:00 AM - 1 :00 PM at the City Hall parking lot. Residents will be limited to two appliances and they should be prepared to show their identification. Public Comment: Dan Nierengarten, 110 1st Avenue SE, addressed the Council with some questions I regarding the proposed 2006 Street Improvements. He questioned who is responsible for the sewer line past the property line. He was told that the City's work will stop at the property line and he is responsible for anything past his property line. He also questioned if he would need to pay another hookup fee to the City if he replaces his sewer line, to which he was told no. Wick made a motion to adjourn at 8:30 PM; seconded by Symanietz and passed unanimously. ~~~ ~~inistrator I