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HomeMy WebLinkAbout12-13-07 December 13, 2007 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, December 13, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Dale Wick, Steve Frank, Renee Symanietz, Rick Schultz City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sa bart, Public Works Director Dick Taufen, Police Chief Pete Jansky Others Present: Margy Hughes, Ellen Wahlstrom, Chad Carlson, Ted Schmid, Jamie Phenow, Jason Meier Public Comments to the Aqenda: No one present wished to speak Approve Aqenda: Symanietz made a motion to approve the agenda with the following changes: Add 12b WSB Reports Delete 4a Minutes Move 4g Capital Improvement - Move to Administrator Reports (12) Move 4f Addition of New Police Reserves - Move to Administrator Reports (12) Move 4k Liability Insurance - Move to Administrator Reports (12) The motion was seconded by Schultz and passed unanimously. Consent AQenda: Wick made a motion to approve the consent agenda as follows: a. Deleted b. Bills Payable - Approve check numbers 000095-000099 & 039644-039709. c. Application for Payment - Authorize the Mayor to execute Pay Application #4 for the 2007 Jade Road Improvement and authorize payment to RL Larson Excavating in the amount of $226,210.54. d. Application for Payment - Authorize the Mayor to execute Pay Application #4 (Final) for the 2006 Trunk Watermain Improvement and authorize payment to Randy Kraemer Excavating in the amount of $10,846.39. e. Application for Payment - Authorize the Mayor to execute Pay Application #5 for the 2007 East Side Improvements and authorize payment to Hardrives in the amount of $12,675.24. f. Moved to Administrator Reports g. Moved to Administrator Reports h. Maintenance Agreement - Authorize execution of a Maintenance Agreement between the City of St. Joseph and Front Line Plus Fire and Rescue for the emergency sirens. i. Reserve Officer Policy - Accept the Reserve Officer Policy as recommended by the Police Chief. j. Liquor Licenses - Issue the 2008 Cigarette, Amusement, Off Sale Non-intoxicating and On Sale Non-intoxicating Licenses for the attached list. k. Moved to Administrator Reports I. Treasurer's Report - Accept the November Financial Reports and accept donations for the Schneider Field dugouts. m. Fire Report - Accept the Fire Report for the period June 1 through November 30,2007. The motion was seconded by Symanietz and passed unanimously. BFI/Allied Waste: Jamie Phenow approached the Council on behalf of BFI/Allied Waste. Phenow stated that BFI/Allied Waste is the refuse hauler for the City and they are in year two of a three year contract. BFI/Allied Waste is in the process of converting their recycling program to a single sort system. This conversion allows residents to use one cart for all the recyclables, eliminating the need for sorting. The program is an automated system which utilizes a 68 gallon cart, similar to refuse container. December 13, 2007 Page 2 of 7 He advised the Council that they began offering this program in other communities such as Sauk Rapids, Sartell, St. Cloud, Foley, St. Augusta and Lyndon Township. They have seen an increase in the participation in the recycling program as well as volume. Due to the capital required to purchase the carts, BFIIAllied Waste is requesting the Council extend the contract three years. Phenow stated that the contract price would increase slightly to offset the capital expenditure. Weyrens stated that if the Council is inclined to accept the proposal of BFIIAllied Waste, the existing contract must be terminated and a new contract executed. Frank stated that he is reluctant to make any changes to the refuse program as the matter has just been presented to the Council. He would prefer to allow residents the opportunity to comments. Wick questioned if the City can enter into the new contract without bidding for services. Weyrens stated that they are not required to bid the service; however refuse contracts are very competitive. When the City bid the service two years ago, five contractors submitted bids. With respect to the refuse service in general, the question was raised as to the increase in fees for seniors or those with little garbage. Weyrens stated that senior citizens receive a subsidized rate of $6.50/month, but they receive a smaller container. If the contract is amended, the refuse rates would have to be reviewed as they may need to be increased slightly. Rassier questioned Phenow as to whether or not the new recycling program is a standard in the industry. Phenow stated that Waste Management was the first contractor to convert the recycling program with Boeckers following. Rassier stated that, in his opinion, the bid process is important for the City. Frank added that he would like residents to be made aware of a possible change in the refuse service. Wick made a motion to table the contract with BFI/Allied Waste; seconded by Schultz and passed unanimously. Wobeqon Trail Fundinq: Chuck Woecken, Stearns County Parks Director, approached the Council to request funding for the next phase of the Wobegon Trail. He stated that they are working on a grant application with the APO for the extension of the Lake Wobegon Trail. According to Woecken, Phase 1 would extend 3.5 miles, beginning at CR 133, and is proposed to be constructed in 2011/2012, Stearns County Parks is requesting that this be a joint project having four partner jurisdictions; City of St. Joseph, City of Waite Park, City of St. Cloud and Stearns County. Each City would pay a portion of the construction costs and Stearns County would fun the non-construction costs and a portion of the construction costs. Those costs would be split by percentage based on the amount of trail in each jurisdiction. This project is known as the Saintly Seven. It is proposed to be constructed in 3 phases. According to Woecken, there are some issues with a portion of the proposed extension due to it being an active railway. Stearns County is in negotiations with Burlington Northern Santa Fe Railroad for access to the railway. Woecken stated that the St. Joseph portion of the extension is $80,425.53. Wick stated that the trail extension was addressed at the last APO Full Board meeting; however the committee opted to support the Beaver Island Trail extension with forty seven members supporting the project and three members opposing. Woecken stated that the project cannot move forward without funding assistance and if the grant is not awarded, the project will be re-evaluated. Schultz stated that the Park Board discussed this matter and he had hoped to meet with Weyrens to discuss funding alternatives. The Park supports the grant application and recommended the City move forward with the partner jurisdictions. Rassier stated that he is concerned with spending Park Dedication money the City has not received and questioned what happens if St. Joseph does not participate. Woecken responded that the grant could not be submitted if anyone of the four partners did not support the application. Woecken clarified that the funding requested has been inflated to the 2011 projected construction cost. Wick stated that it would be good for the trail to extend beyond St. Joseph to bring more people to St. . Joseph. Woecken stated that this would be the last contribution required from St. Joseph for the Trail. December 13, 2007 Page 3 of 7 Frank questioned who polices the trail that extends through St. Joseph. Woecken stated that Stearns County is responsible for safety along the trail. Wick made a motion to approve Resolution 2007-048 approving Financial Support for phase 1 of the Wobegon Trail Extension, committing the City to a cost sharing not to exceed $ 80,425.53. The motion was seconded by Symanietz. Ayes: Wick, Symanietz, Schultz Nays: Rassier, Frank Motion Carried 3:2:0 Lumber One - Extension of 15th Avenue: Weyrens reported that the staff began the process for the extension of 15th Avenue NE to CR 133 as required in an executed Development Agreement between the City of St. Joseph and Lumber One. The Development Agreement the completion of 15th Avenue NE and Jasmine Lane East prior to September 2008. There were some issues with Lumber One securing the necessary right-of-way to provide the access to CR 133. As a result, the City began the eminent domain process to secure the right-ot-way. That process; however, was stopped when Jeff Richter submitted a plan to develop a plat entitled Crescent Hills. This plat was adajent to Norhtland Heights and CR 133 and 15th Avenue was needed for access to the plat. As the Developer was dedicating the needed ROW for the extension of 15th Avenue NE the eminent domain process was stopped. The developer has since stopped the proposed plat, and the ROW must be secured again. Frank questioned why the City got involved in the eminent domain process. Weyrens stated that it was done to provide a public street and public right-of-way. Rassier added that it was required due to the traffic flow on Northland Drive and to accommodate the Northland Heights plat. It was the consensus ot the City Council and Planning Commission that the road should be extended. Frank questioned how changes in Minnesota Law relating to eminent domain fit with this project. Weyrens stated in this situation the City can use the eminent domain process as it is providing for streets. Ted Schmid, Chief Operating Officer for Lumber One, approached the Council to discuss the extension of 15th Avenue NE. He stated that, at the time of signing the Development Agreement, the housing market was flourishing and it was anticipated that the second phase ot Northland Heights would be under construction in 2008. At the time Northland Heights was platted, there were no traffic controls at CR75 and Northland Drive. When Northland Plats 5-8 were constructed, Lumber One pulled 20-30 permits a year; however with Northland Heights, they have only pulled 23 permits. He stated that had this been 2001-2002, all those lots in Northland Heights would have been sold. Therefore, Schmid requested the Council delay the requirement for the extension of 15th Avenue phase two is developed. Wick clarified that there are only 23 occupied units in Phase 1 at this time. Schmid stated that until they have approximately 75-85% of the lots sold in Phase 1, they will not be presenting Phase 2. Wick questioned the traffic impacts ot not extending 15th Avenue. Sabart stated that it is his understanding that the traffic concern became more of an issue when phase two was developed. Rassier stated that in addition to the extension of 15th Avenue, the Development Agreement also required the extension of Jasmine Lane with the same September 30, 2008 deadline. Rassier stated that in hind sight, Jasmine Lane should have been constructed with phase one. Schultz questioned who drafts the Developer Agreements. Weyrens advised Schultz that the City Attorney drafts the Agreement after the Preliminary Plat is approved. The majority of the Agreement is the same for each development; however, each development has specific issues that need to be resolved. These issues are memorialized through the Development Agreement and recorded with the plat. This mechanism assures that the specific requirements are completed. He also questioned whether there are any monetary or safety risks for the City which he was told no. Rassier suggested that Jasmine Lane should be built based on the current Developer Agreement. He added that Lumber One should meet with Staff to determine a new deadline for the extension of 15th Avenue. The Council concurred and requested staff met with Lumber One to draft a proposed amendment for Council consideration. December 13, 2007 Page 4 of 7 2008 Final Levv/Budqet: Weyrens advised the Council that the Final Budget must be adopted by December 28th. She stated that the Council is not being asked to approve purchases or the Capital Improvement Plan at this meeting. Weyrens stated that the proposed budget includes the following new positions: · Full Time Community Development Director · Part Time Police Secretary · Quarter Time Police Officer (full time hire in September 2008) Frank questioned when they will begin the hiring process for the Full Time Community Development Director and accept the job description. Weyrens stated that the process can begin after the final budget is approved. Frank stated that he would like the position description to include goals and performance expectations. Schultz questioned several items within the budget. Salaries: Schultz questioned why there is an increase in Council Salaries and stated that he is not comfortable increasing his wages. Weyrens clarified that the wages for the Council have been predetermined and they are increased based on the average increase in the City Union contracts. The increase reflected in the budget is based on the number of meetings attended by the Council members. Frank and Rassier stated the increase is a result of additional meetings, workshops, developments and corridor studies. Weyrens added that next year there will be additional meetings in 2008 as both labor contracts will be up for negotiation. Capital Equipment: Schultz questioned whether or not the proposed final budget includes the equipment which is scheduled to be purchased through the issuance of equipment certificates to which Weyrens stated it is not. The Council will continue to discuss equipment that will be purchased through the use of equipment certificates. The Equipment Certificates will then be reimbursed through a tax levy. Database Management Software/EDA Software: Questioned whether or not this item was removed from the budget at a previous meeting. It was clarified that the software is for the City mapping and was not deleted. The EDA utilizes the same software and contributes proportionately. Skating Rink: Questioned the funds identified for a future skating rink and if this should not be included in the Park Board Budget. His disagrees with the inclusion of such in the Public Works budget. Weyrens stated that due to the cost of park improvements and limited resources of the Park Board, the Public Works Director has included park planning. This is similar to the funding that was utilized for the Centennial Park Bathrooms. Wick concurred and stated that the departments work together to provide improvements and the City cannot rely solely on the Park Dedication Funds. Rassier stated that there are a number of park improvements that have occurred which have not been funded through the Park Board. He too agreed with Wick, that all departments must work together and this is one example. Street Sweeper: Schultz questioned the need for the additional sweeper. Rassier responded that this item will be discussed further when the Council finalizes the Equipment Certificate. Weyrens clarified that this item is not funded entirely through the General Fund and will not affect the levy that must be approved. Police Department SUV: Questioned if the SUV is part of the General Fund budget or the Equipment Certificate. Weyrens clarified that the SUV is part of the Equipment Certificate which will be approved at a later time. Police Officer. Schultz stated that he has seen little justification for the additional pOlice officer. Rassier made a motion adopting Resolution 2007-047 approving the budget for 2008. The motion was seconded by Symanietz. Ayes: Rassier, Symanietz, Wick, Frank Nays: Schultz Motion Carried 4:1:0 December 13, 2007 Page 5 of 7 State Rail Bank License: Sabart advised the Council that when the City constructed the 2003 Trunk Watermain, they were required to secure a permit through MnDot to place the watermain along the Wobegon Trail. At that time of application the City paid the initial fee and received a permit from MnDot to install the watermain parallel to the Wobegon Trail. When the project was completed, SEH on behalf of the City met with MnDot representatives to close the permit. In October 2005, the City received a letter from the MnDot stating that they were in arrears with the lease payments for right-of-way along the Wobegon Trail. The City's previous Engineer, Joe Bettendorf, then sent a letter to MnDot stating that the City was unaware that a permanent lease was requirement for the installed laterals. Bettendorf further questioned the requirement as based on the MnDot fee schedule, only road right-of-ways require a lease. Once the letter was sent, the City did not hear back, assuming the lease was a dead issue. Now, with the Northland Signal Light project, the issue has come up again. The signal installation crossed the Woebegon Trial requiring a permit. When the permit was requested the City was informed their was the outstanding matter of the lease for the 2003 laterals. Sabart stated that staff is working to resolve the issue. According to Sa bart, the City is proposing to buy that section of property from the State as it would be less expensive than making the lease payments. Wick questioned whether or not the City signed a lease to which Weyrens stated we did not. Sabart added that, had they known about the required lease, they may have relocated the Watermain. When questioned as to when the signal lights will be active, Taufen advised the Council that they have not yet been shipped, but they should have them soon. MAYOR REPORTS APO: Rassier reported that the APO is in the process of identifying the projects for 2008 of which the Wobegon Trail Project was not part of their request. APO: Rassier stated that in February, Scott Mareck and the APO Chair will be heading to Washington to see about possible transportation funding for projects in the St. Cloud Area. APO BuildinQ: Previously, Rassier reported that the City of St. Cloud was in the process of selling the building in which the APO is currently located. He added that the APO is looking to purchase the building and it will then be an asset to all of the cities that are members of the APO. COUNCIL REPORTS SYMANIETZ APO: Symanietz reported that the Full Board meeting has been cancelled. Budqet: Symanietz thanked staff for all their hard work with preparing the 2008 Budget. WICK Planninq Commission Meetinq: Wick reported that the Planning Commission met again to review the R1 Rental Ordinance and, at that meeting, they found that there were issues with the Rental Ordinance as well. They are working on some Ordinance changes, but will need more time to allow for the Public Hearings to be held regarding the changes. They are asking that the Moratorium be extended another 90 days. SCHULTZ Stearns County Recreational Association: Schultz reported that they discussed summer recreation. FRANK December 13, 2007 Page 6 of 7 EDA Reoort: Frank stated that CentraCare may relocate to the proposed site for Coborns. He questioned whether or not Coborns will build on that site due to the Super Wal-Mart and Sams Club being built. Weyrens assured Frank that they do plan to build; however, their timeline has changed. Rental Issues: Frank stated that there have been some ongoing legal battles with several property owners operating unlicensed rental properties within the City. He stated that he received a phone call from the St. Cloud Times with questions relating to the rental issue. Frank added that there will be a story in the Times as well. Council Packets: Frank questioned Weyrens as to whether or not more copies of the packet could be made available for Public Inspection. Weyrens stated that packets can be very costly to produce, especially when color copies are included. Most Cities have one packet for review. Most of the information presented is placed on the screen for those in attendance and watching at home. ADMINISTRATOR REPORTS Annual Audit: Weyrens presented the Council with the engagement letter from KDV, the accounting firm hired by the City to prepare the annual audit. The anticipated cost to prepare the 2007 audited financial statement is $ 28,000. Weyrens stated that in 2006 cost estimates from other firms were reviewed and they costs are very similar. As KDV is familiar with the City software and process, Weyrens recommended the Council authorize execution of the engagement letter as presented by KDV. Wick made a motion to authorize the execution of the engagement letter between the City of St. Joseph and KDV for audit services for the year 2007 at a cost of $28,000.00. WSB Status Reoort: Frank suggested that WSB provide periodic status reports to the City for review by Staff to assist with providing recommendation to the Council. Wick added that the reports should be brief to avoid additional costs. Addition of New Police Reserves: Police Chief Pete Jansky requested authorization to expand the Police Reserve Department from the current five to nine. Schultz questioned the need for the additional Police Reserves. Jansky stated that they will be losing a few of the current reserves and as they are volunteers they cannot always help when needed. Additionally with the large events that have been held within the Community the hours can be rotated so that not all members have to work each event. Wick made a motion to approve the expansion of the Reserve Program to nine members as requested by the Police Chief. The motion was seconded by Symanietz and passed unanimously. Caoitallmorovement Plan - DUQouts: Weyrens reported that the Park Board has recently meet and discussed the funding shortfall for the dugouts at Schneider Field. Pat Schneider approached the Park Board seeking $ 3,000 in funding, the amount of the project he is short. The project included the demolition and construction of new dugouts for use at Schneider Field. Since the dugouts were being expanded, the Park Board agreed to reallocate funds for the Cloverdale Tot Lot to cover the shortfall for the dugouts. Wick stated it is his opinion that funding the shortfall for the dugouts is not an appropriate use of Park Dedication Fees. The Statute requires a nexus between the improvement and fees collected. Schneider Fields are located in an area where development is not occurring and he questions whether or not the expansion of the dugouts is capital or maintenance. He further added that Mr. Schneider approached the Council and the Park Board and stated that no financial assistance would be needed from the City. Wick stated that in reviewing the projected expenditures items have been completed and not billed. Therefore Wick questioned if the shortfall is $ 3,000 or an amount to be determined later. Wick stated that the St. Joseph Recreation Association has had to re-pay funds from the City and he suggested that a payment plan be established with the St. Joe Saints. Rassier agreed with Wick that if the City does pay the bills, that it be done with the anticipation that they money will be paid back. December 13, 2007 Page 7 of 7 Weyrens questioned whether the City could pay the bill to Lifestyle Builders for their work as it has been completed. The Council concurred that once the agreement has been finalized with the St. Joseph Saints, Lifestyle Builders could be paid. Wick made a motion to table the issue until January, allowing staff the opportunity to meet with Schneider to draft a loan agreement. If a loan agreement is reached, the bill to Lifestyle Builders is approved for payment ($ 2,999.00). The motion was seconded by Symanietz and passed unanimously. Liabilitv Insurance: Annually the City reviews the liability insurance and part of the review is a waiver on the tort limits. If the City waives the tort limits, the amount maximum amount that injured parties can sue the City increases. Frank questioned why the City would waive the tort limits for the Liability Insurance. Weyrens stated that not waiving the limits minimizes the exposure for the City. Further if they are waived the insurance premium will increase. Wick made a motion to authorize the Administrator to sign the Waiver form indicating that City does not waive the tort limits. The motion was seconded by Symanietz and passed unanimously. Human RiQhts Initiatives: Weyrens advised the Council that St. Joseph, St. Cloud and Waite Park met to discuss Human Rights. Originally, it was indicated that a local human rights office would offer educational outreach to the community; however, that is not the case. The only benefit of a local office would be enforcement. Weyrens stated that residents could open a case in St. Cloud if there were a local office, but it would be handled by the State as they are obligated to provide those services. She added that the only cities that are currently participating are St. Cloud, Waite Park and St. Joseph. Weyrens stated that there will be more information to come. Planninq Commission - Rental Housinq: Weyrens stated that previously the Council placed a Moratorium on the owner occupied rental licenses in the R1 Zoning District. The Planning Commission is recommending that the moratorium be extended for an additional 90 days. Frank made a motion to extend the rental housing moratorium in the R1 Zoning District for an additional 90 days as recommended by the Planning Commission. The motion was seconded by Wick. Ayes: Wick, Symanietz, Frank, Schultz Nays: Rassier Motion Carried 4:1:0 Schedule - Workshop: Weyrens advised the Council that she would like to set up the annual all-day workshop. Possible dates are: . January 30th . February 20th The morning portion would be goal setting and the afternoon would include discussion on infrastructure and planning. Adiourn: Symanietz made a motion to adjourn at 9:15 PM; seconded by Rassier and passed unanimously. (jdy ;;JJVj~