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June 7, 2007
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, June 7,2007 at 7:00 PM in the St. Joseph City Hall.
Members Present: Acting Mayor AI Rassier Councilors Dale Wick, Renee Symanietz, Steve Frank. City
Administrator Judy Weyrens.
Others Present: Margaret Hughes, Bob & Ellen Wahlstrom, Mariteme Woida, Thomasette Schuller, Tom
Gustafson, Herman Gangl, Linda Hutchinson, Phil Welter, Katherine Kraft, Paula Revier, S. Kara Hennes,
S. Grace D.
City Representatives Present: City Engineer Randy Sabart, City Attorney Tom Jovanovich
AQenda: Symanietz made a motion to approve the agenda with the following addition:
13b. Hiring of Finance Director
The motion was seconded by Frank and passed unanimously.
Consent Aaenda: Frank made a motion to approve the consent agenda as follows:
a. Bills Payable - Approve check numbers 38887-38961.
b. Capital Equipment - Authorize the purchase of a sprinkler system for the Water
Filtration Plant for an estimated cost not to exceed $11,000.
c. Pulled for discussion.
d. Award Bids - Accept the recommendation of the City Engineer and award the 2007 Mill
and Overlay Improvement to Hardrives Inc for a contract price of $316,797.61.
e. Pay Application - Authorize the Mayor to execute Pay Application #10 for the 2005 Hill
Street Improvement and make payment to RL Larson in the amount of $28,699.86.
f. Pay Application - Authorize the Mayor to execute Pay Application #5 for the 2007
Centennial Park Improvement and make payment to W Gohman Construction in the
amount of $8,433.00.
g. Pay Application - Authorize the Mayor to execute Pay Application #1 for the 2007
Hollow Park Storm Water Improvement and make payment to Larson Excavating in the
amount of $99,101.57.
h. Pay Application - Authorize the Mayor to execute Pay Application #7 for the 2006
Street Improvement and make payment to C & L Excavating in the amount of
$15,324.73.
i. Change Order - Authorize the Mayor to execute Change Order #3 for the 2006
Improvement Project extending the completion date to September 30, 2007 as
requested by the City.
j. Change Order - Authorize the Mayor to execute Change Order #5 for the 2007
Centennial Park Improvement for demo and ceiling fan installation increasing the
contract $509.00.
k. None
I. Change Order - Authorize the Mayor to execute Change Order #9 for the Water
Treatment Plant in the amount of $13,960.00.
m. Pulled for discussion.
n. Pulled for discussion.
The motion was seconded by Symanietz and passed unanimously.
PUBLIC COMMENTS TO THE AGENDA
Ellen Wahlstrom, 409 - Efh Avenue NE, approached the Council to question why and how change orders
are presented for approval. City Engineer Randy Sabart stated that change orders are a formal way of
making changes to a contract. According to Rassier, the change can be requested by the City or the
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Contractor. In some cases, such as Centennial Park, the request for change order can be a result of an
inspection by the Building Inspector or the City Engineer.
Frank questioned the following items of the consent agenda.
n. Change Order - Authorize the Mayor to execute Change Order #2 for the 2005 Hill
Street Project, correcting some drainage issues.
He questioned whether or not the property owners will be paying for the change order. He was advised
that this change is being requested by the City due to continuous drainage problems.
m. Pay Application - Authorize the Mayor to execute Pay Application #15 for the 2006
WTP and make payment to JT Jones in the amount of $140,636.94.
Frank questioned Weyrens as to the total cost of the Water Treatment Plant and whether or not there will
be an open house where taxpayers can come and tour the new facility. Weyrens stated that the total cost
of the Water Filtration and well field is approximately $7million. With regard to the open house Rassier
stated that an open house will be scheduled when the project is complete. Frank also questioned
whether or not the payment before the Council is a routine payment. Weyrens responded that
contractors are allowed to submit payments once a month and each payment is verified before the
Council receives the application. So therefore, the payment before the Council is routine in nature.
c. Six-month Fire Report - Accept the Six Month Fire Report for the period December 1,
2006 thru May 31, 2007 and authorizing payment to the firefighters.
Frank questioned the number of resuce calls to one particular residence and questioned whether or not
the City can charge for multiple calls similar to that for false alarms. Frank stated that the property in
question is a corporation and he sees that differently than a residential use. Weyrens stated that the City
cannot charge for medical calls.
Wick made a motion to approve items c, m, n of the consent agenda. The motion was seconded by
Symanietz and passed unanimously.
2007 Bond Issue: Monte Eastvold, Northland Securities, approached the Council to discuss the 2007
Bond Issue. Eastvold stated that the proposed bond issue finances the following improvements: Hollow
Park Improvements; Portions of Transportation Studies; 2007 Jade Road Improvements; 2007 East Side
Improvements; and Klinefelter Parking Lot. Eastvold presented the Council with proposed bond sale and
tax impact. Eastvold stated that the amount of the bond issue will be determined after the bid opening
next week. The City currently has a bond rating of BAAA and at the time of rating were told that the City is
close to an A rating. Therefore, Eastvold recommended the City rate the proposed bond issue to which
the Council Concurred. Eastvold stated that the bond sale is scheduled for June 17, 2007.
2006 Audit: Janelle Bitzen, Audit Manager with KDV, approached the Council to present the 2006 Audit.
She began by stating that on page 2 of the Financial Statements, KDV gave an unqualified opinion of the
City's Financial Statements. According to Bitzen, this is the cleanest review that they can give. Wick
advised Bitzen, that there was an error in the Management's Discussion and Analysis. The water
treatment facility will be a $7.5million dollar project rather than a 7.5million gallon water treatment facility.
In the management letter, Bitzen began by discussing a few legal compliance findings.
· Open Meeting Law: She stated that there was an occurrence where a Council meeting was
closed to discussion employee negotiation strategies. Bitzen advised the Council that those
meetings must be tape recorded.
· Public Purpose Expenditures: According to Bitzen, there was a social event held for the Fire
Department and paid for with public funds. At that time, such event was not allowed. She
explained that there had been some recent law changes that would allow for similar events after
August 1, 2007 provided the City has a wellness program.
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Bitzen then explained that there were two significant deficiencies that were found. 1) lack of segregation
of accounting duties; 2) Preparation of financial statements. She also added that there were additional
control deficiencies that the City must be made aware of.
After discussing items of internal control, Sitzen reviewed the different funds and the changes that have
occurred since 2005.
· General Fund: She stated that the fund balance increased by approximately $5,000 since 2005.
The fund balance for year ending 2006 consists of $486,561 in designated funds and $435,625 in
undesignated funds. Bitzen added that the General Fund revenues increased by 17.7% and the
expenditures increased by 9.6%.
· Enterprise Fund: This fund is used for providing goods and services to the public. These funds
have shown consistent performance over the past several years.
· Refuse Fund: This fund shows an operating loss of $17,529 which is due to a
sales tax audit that was performed.
· Water Fund: This fund showed an operating income of $159,370; however, with
depreciation, the account showed an operating loss of $1,638. The re-structured
City rates have helped the City cover the depreciation cost.
· Sewer Fund: Although this fund showed an operating income of $178,880, with
depreciation added in it showed an operating loss of $21,599. Bitzen stated
again that the increased rates have significantly reduced the loss in the sewer
fund.
· Storm Water Fund: This fund showed an operating income of $13,544.
Overall, Sitzen stated that the various components of governmental activities for the City of St. Joseph
have remained consistent with 2005.
Frank questioned whether or not the segregation of accounting duties and financial statements had been
addressed in the past. Weyrens stated that with the anticipated hiring of a finance director, there will be
more checks and balances and tasks will be divided.
Symanietz made a motion to accept the 2006 audit; seconded by Wick and passed unanimously.
Noise Violation. 22 Elm Street E - Brad Solem: Weyrens presented the Council with a noise violation that
occurred on April 29, 2007 at 22 Elm Street East. Weyrens stated that both she and the Police Chief left
messages with the property owner without response. In addition Weyrens stated that a certified letter
was sent to the property owner and the letter was returned to the City. Since the agenda was prepared
the property owner has finally contacted the City and is present at this meeting and they are not disputing
that a violation occurred. Therefore, the Council has two actions before them: 1) acknowledgement that
a violation did occur; and 2) determine the disposition.
Wick made a motion acknowledging that a Noise Violation did occur on April 29, 2007 at 22 Elm
Street E. The motion was seconded by Symanietz and passed unanimously.
Brad Solem approached the Council and stated that he is the property owner of 22 Elm Street East. He
further stated that he recently purchased the property and inherited the current tenants. Solem assured
the Council that he has new tenants moving in the fall of 2007 and he is confident they will not create any
issues for the police or City. Rassier stated that the when reviewing the noise violations the Council
reviews the cooperation of the tenants. In the case before the Council at this time the tenants were less
than cooperative. Rassier encouraged Solem to educate his tenants with the Ordinances and the
importance of cooperating with the police.
Frank stated that other cities have been moving towards using decibel meters to determine whether a
noise violation occurred. Jovanovich advised Frank that they are not always accurate as they pick up
other noises as well and require high amounts of maintenance and training.
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Wick made a motion to fine the property owner $250 for the noise violation that occurred on April
29,2007. The motion was seconded by Symanietz and passed unanimously.
Outdoor Liquor Event - Colleqe of St. Benedict: Kristen Darnel, Director of Alumni Relations for CSB,
approached the Councilors requesting approval of an outdoor liquor event to be held on June 22, 2007.
She stated that they plan to have an alumni event called Saint Stock for alumni from CSB and SJU. They
anticipate that approximately 700 alumni will attend. The event will include live music until and a beer
garden. Since the event is limited to alumni, minor drinking will not be an issue. Darnel advised the
Council that they have worked on security issues with College Security. The only neighbor that would be
affected is the monastery and they have already discussed the event with them.
Weyrens advised the Council that Chief Jansky has already reviewed the request and will work with CSB
Security to ensure that they have enough security for the event.
Wick made a motion to approve the Outdoor Event for the College of St. Benedict for an event to
be held on June 22, 2007. The motion was seconded by Symanietz and passed unanimously.
CITY ENGINEER REPORTS
Meadowvale Lawsuit: Weyrens stated that mediation is scheduled for June 29, 2007 at 8:30 a.m. in
Minneapolis. She questioned who from the Council they would like to attend. Rassier stated that he has
participated in the past and would like to continue. Wick stated that if his schedule permits he would
participate as well.
Comprehensive Plan Amendment - Chapter 11. Economic Development: Weyrens stated that the
amendment to Chapter 11 of the Comprehensive Plan was tabled at the last Council meeting to allow
additional time for Council review. Frank stated that he has had time to review the information and has
the following questions:
Table 11-5: Frank questioned why Kennedy School was not included on the list of major employers. Wick
stated that it is most likely due to the fact that they are employed by District 742 which is an employer in
St. Cloud.
Frank also questioned the portion which stated that the number of administrative jobs/professional
services is decreasing.
Table 11-10: According to Frank, this table is not clear and needs additional information.
Table 11-14: Frank questioned why the tax rate for St. Joseph is so much higher than the surrounding
areas. He was advised that it is higher due to the large number of non-taxable properties within the City.
Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2007-025
Amending Chapter 11 of the St. Joseoh Comorehensive Plan as it relates to Economic
Development along with a recommendation for the EDA to review Table 11-10. The motion was
seconded by Wick and passed unanimously.
Capital Equipment Request - St. Joseph Park Board: Dale Wick spoke on behalf of the St. Joseph Park
Board. He stated that in 2003, the City changed the way in which Park Dedication fees were distributed
which allows for additional park development funds. The Park Board prepared a five year capital
improvement fund and at this time they are requesting to purchase equipment for Northland Park. This
project has been delayed in the past due to lack of funding. He stated that they plan to put in a piece of
equipment similar to that of Kleinfelter Park. The proposed park improvement includes a variety of
activities for different age groups. Due to the cost of the equipment, the Park Board requested the
equipment be designed in three phases. The Park Board is requesting up to $35,000 to be approved for
the purchase of the new playground equipment and additional costs associated with the assembly.
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It was also noted that the Centennial Park project is near completion. The original contract price was
$109,760 and there is a balance of $14,375. Funding for the equipment will be expended from the Park
Dedication Fees.
Frank questioned who installs the playground equipment. Wick stated that the equipment is purchased
from Game Time and the City installs it.
Symanietz made a motion to approve the purchase of the playground equipment for Northland
Park for up to $ 35,000 as requested by the Park Board, with the funds expended from the Park
Dedication Fees. The motion was seconded by Wick and passed unanimously.
MAYOR REPORTS
Colleaeville Development Group: Rassier stated that he attended the ground breaking ceremony for the
COG project Millstream Shops and Lofts.
COUNCIL REPORTS
SYMANIETZ
APO: Symanietz reported that she attended the APO meeting at which they discussed the draft
2008/2011 Transportation Plan which includes public input. She added that they also discussed a
Bicycle/Pedestrian Advisory Committee and they are looking for more members. Symanietz also reported
that Mike Landy has stepped down as chair of the St. Cloud Area Planning Organization and Bob Kroll
was elected the new chair.
Area Cities Meetina: Symanietz stated that she attended the Area Cities Meeting in Waite Park at which
they discussed the possibility of a regional human rights office. Currently, human rights issues are being
handled through an office in the Twin Cities.
Assessment Hearina: Symanietz stated that the Final Assessment Hearing was held for the 2007 East
Side Improvements.
WICK
Millstream Park: Wick reported that the Park Board has authorized the addition of basketball courts in
Millstream Park and they should be constructed shortly.
FRANK
Area Cities Meetina: Frank stated that he attended the Area Cities meeting at which State Commissioner
of Human Rights was present. Frank stated it is his understanding that the City has previsoulsy
committed funding for a regional human rights effort.
APO: Frank also attended the APO meeting at which they discussed the use of electric vehicles on
bicycle trails for the disabled.
ADMINISTRATOR REPORTS
Outdoor Liauor Permit - Stonehouse: Weyrens stated that the Stonehouse is requesting to hold an
outdoor event in June, July, August and September called Scooter Wednesdays. This event will include
live music on the patio as they did in 2006. Currently a living fence surrounds the patio; however, the
fence is too small to be effective. Therefore the Police Chief has contacted a representative of the
property to construct a four foot fence along the inside of the living fence. With the additional fencing,
alcohol will be contained to the patio area. Wick questioned when the event will end, to which Weyrens
stated it would be completed by 9:30.
June 7, 2007
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The Council discussed whether or not all four licenses should be approved at this time or if they should
be approved independently as if one event does not meet expectations, the following events should not
be approved. Jovanovich stated that the Council can revoke a license for cause and the motion to
approve the events should be contingent upon the prior events meeting Ordinance requirements.
Wick made a motion to approve the four outdoor liquor events to be held on the following days:
June 13, 2007; July 11, 2007; August 8, 2007; and September 12,2007. Approval is granted for
each event provided that Ordinance requirements are met. If violations occur, the remaining
outdoor events will be re-evaluated by the City Council. The motion was seconded by Symanietz
and passed unanimously.
Hirina of Finance Director: Weyrens requested the Council hire Lori Bartlett for the position of Finance
Director. The backround check is completed and Bartlett has accepted the conditional job offer, starting
on step 4 of the wage scale. Weyrens reminded the Council that Bartlett was the Administrator/Finance
Director for the Clearwater/Clearlake Sewer Authority. The start date will be June 11 and for the
remainder of June she has requested to assist Clearwater/Clearlake on Tuesdays.
Wick made a motion to hire Lori Bartlett for the position of Finance Director effective June 11,
2007, starting on step four of the City of St. Joseph Wage Scale. The motion was seconded by
Symanietz and passed unanimously.
Field Street Update: Weyrens advised the Council that there will be a meeting on Monday, June 11, 2007
to discuss Field Street. All consultants working on this study will be present and they will review the
different alternatives and talk about the next step. No decisions will be made at this meeting.
Frank stated that at the APO meeting, they approved $77,000 to be spent on the Cultural Resources
Study. The City has already set aside $23,000 for the Study.
Citv Council Membership: Weyrens stated that the City Council Membership is a carry-over item from the
last City Council meeting. The City Council has previously accepted the resignation of Mayor Richard
Carlbom and declared a vacancy in the position. The Council at this meeting must appoint a Mayor to
finish the vacant term. Frank stated that it is his opinion that the City should follow Robert's Rules of
Order which includes making nominations and then voting.
Jovanovich states that while the Cities refer to Robert's Rules of Order, they are intended for
Organizations with a much larger structures. The League of MN Cities has taken the position that Cities
should use Robert's Rules as a guide, but not adopting full usage. With regard to the filling of the Mayor
position, MN State Statute requires that the position be approved by Resolution or by motion; which is a
different process than nominations.
Symanietz made a motion to accept appoint AI Rassier as Mayor to fill the vacant Council seat.
The motion was seconded by Wick.
Discussion: Herman Gangl, th Avenue SE, approached the Council to question why an election
is not being held to fill the vacant Mayor and/or Council seat. Jovanovich reminded the Council
that they have to appoint someone to fill the Mayor seat. In order to allow for an election to be
held, the City must pass an Ordinance allowing the Special Election.
Rassier stated that there was some talk of an election, but it was decided that one would not be
held due to the amount of staff time required for an election. Frank added that he would like to
see an election. Jovanovich reminded the Council that they must fill the vacancy as soon as
possible.
Tom Gustafson, th Avenue SE, approached the Council as well. He stated that he would also like
to see an election held. He believes this is a good time to hold the election, as the students are
not here.
The motion passed unanimously.
June 7,2007
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At this time Rassier submitted his resignation as Council member to accept the position of Mayor.
Symanietz made a motion to accept the resignation of Councilor Rassier; declaring a vacancy for
the position of Councilor. The motion was seconded by Wick and passed unanimously.
Weyrens administered the Oath of Office to Mayor Rassier.
Jovanovich stated that based on MN Statute, the Council must appoint an acting Mayor. Frank made a
motion to appoint Renee Symanietz as Acting Mayor; seconded by Rassier.
Discussion: Wick questioned Frank as to why he nominated Symanietz as he has more
experience on the Council and typically the most senior member fills the position. Frank responded that
he nominated Symanietz as she had previously ran for Mayor and he knew she has an interest in Mayor.
Rassier questioned Wick if was interested in the Acting Mayor position to which he stated he was.
Wick requested a recess so that he may confer with the City Attorney. Therefore the meeting
was recessed an opened at 9:00 PM.
Ayes: Frank, Rassier
Nays: None Abstain: Wick, Symanietz
Motion Carried 2:0:2
Vacant Council Seat: Weyrens stated that the Council must determine how to fill the vacant Council seat,
whether they will appoint or request an election. MN Statute allows the Council to appoint the position as
less than two years remain on the open seat. The Council was in agreement that the vacant seat will be
filed by appointment. Weyrens stated that she will prepare an application form that will be available
through the website and in the office. The Council agreed to accept applications until 3:00 PM June 26
and interview the candidates on July 10, 2007 with possible appointment on July 19, 2007.
Adiourn: Symanientz made a motion to adjourn at 9:20 PM; seconded by Frank and passed
unanimously!
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Judy Weyrens
~inistrator