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HomeMy WebLinkAbout2009 [04] Apr 02April 2, 2009 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, April 2, 2009 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Bob Loso, Steve Frank, Administrator Judy Weyrens City Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry Thene Others Present: Mariterese Woida, Paula Revier, Nelda Dehn, Dick Taufen, Jane DeAustin Public Comments: No one present wished to speak. Approval of the Agenda: Loso made a motion to approve the agenda as presented. The motion was seconded by Frank and passed unanimously. Consent Agenda: Frank made a motion to approve the consent agenda as follows: a. Minutes -Approve the Council minutes of March 19, 2009. b. Bills Payable -Approve check numbers 041443-041486 and EFT numbers 000256-000261. c. FSA Amendment -Amend the FSA policy to reflect current Federal and State Laws. The motion was seconded by Symanietz. Discussion: Wick noted minor changes to the minutes. The motion passed unanimously. Public Hearing -Ordinance Matrix: Weyrens stated that Staff has prepared an Ordinance Matrix which references the ordinances that have fines or penalties associated with them, what the fine is and identifies the compliance officer. This has been previously reviewed by the Council. Weyrens stated that Ordinance 71 will need to be amended to fit the matrix for the citing of minors for underage consumption. Adoption of an Ordinance Matrix will allow staff to have the proper person responding to such complaints and have a disposition for those offenses. Symanietz made a motion to close the Public Hearing; seconded by Wick and passed unanimously. Frank questioned whether there is an Ordinance requiring refuse containers to be brought in within a certain number of days. Weyrens responded that there is no Ordinance for that at this time. Frank then clarified that there are no rate changes; however, there will be some changes to the fees. In his opinion, the fines in St. Joseph are on the low side for negative behaviors. He suggested that the City look at those that get more attention and have low fees. Weyrens advised Frank that the City must keep the fines reasonable as determined by a judge. The City Attorney has reviewed the proposed fees and indicated they are reasonable fees. Weyrens stated that if there are any new or amended Ordinances, the table will be updated. Rassier stated that this is a good guide for the City to use when dealing with complaints. Weyrens also added that this will be sent to the Courts as the bail schedule for the City. Wick made a motion to accept the Ordinance Matrix as presented; seconded by Loso and passed unanimously. Public Hearing -Fee Schedule: Mayor Rassier opened the public hearing and stated that the purpose of the hearing is to consider adopting the 2009 fee schedule for services and licenses. Weyrens stated that the Fee Schedule is rather complex as it includes many different components and for discussion purposes they may wish to discuss appendixes separately. April 2, 2009 Page 2 of 8 Frank suggested that they discuss the line items for an average household utility bill. These charges are billed every other month. With the proposed changes, it will result in approximately a 30% increase based on an average amount of water use. On a bi-monthly basis, senior customers with the 30-gallon refuse container will see an increase of about $8.29; whereas, those non-senior customers using the same size refuse container will see an increase of approximately $9.63. Non-senior customers who choose to use the 60-gallon refuse container will see an increase of approximately $11.58 every other month. The increase may vary based on actual water use. Commercial/Industrial users will see a slightly lower increase as they are not part of the City refuse program and thus refuse is not included in their bi-monthly utility rates. Water rates will increase at the same rate for both residential and commercial customers. Weyrens advised the Council that they are proposing to keep the compost fee the same as last year as the City wants to encourage residents to use the compost area. St. Joseph Township has agreed to make a contribution in the amount of $ 150 to keep the cost of compost permits at the 2008 rate for Township residents. Weyrens stated that the proposed refuse rates would allow the City to keep the compost rate at $ 15.00 per year. Finance Director Lori Bartlett included in the fee schedule a proposed monthly surcharge of $ 5.43 per month to offset the meter conversion cost. Previously, the Council made the decision to pay for the new meters and Rassier stated that it would not be right to start charging residents after telling them that the City would pay for the conversion. Symanietz and Wick concurred stating that the new meters have saved the City time and money by reducing staff time and the residents were informed that they would not be charged for the meters. This was a decision that was previously made by the entire City Council. Based on this discussion the meter conversion surcharge will be deleted. Bartlett stated that when looking at the Utility rates, she looked at a set period. Since the City's growth rate has slowed down, she reported that used a low growth rate of 2.5% to determine revenue. There is a small increase in operational costs. She added that depreciation was also factored in as well as replacement costs which increased by 4%. It is anticipated that the City will cover 50% of the replacement costs slowly getting to the goal of 100%. To help the City reach the 100%, the rates were changed to include a water rate as well as a water line charge. Bartlett reported that all of the utilities are covered at 50% except water meters and sewer charges paid to St. Cloud for infrastructure. She also did an analysis of affordability. Nationwide, affordability is determined to be 2% of the median income and the City's rates are well below that. The Council then looked at the various fees on the proposed fee schedule: • Animals: The fee for a dangerous dog was added as there is more paperwork required for those. The impound fee was increased as the cost to board the dog has increased. • Equipment Rate: There was a question relating to the cost of lawn mowing. The Council was advised that the lawn mowing for weed notices is contracted out as it is not affordable for staff to provide that service. • Franchise Fees: Weyrens stated that Franchise Fees are charged when the City enters into an agreement allowing infrastructure in the right-of-way. • Late Fee: Wick questioned why the late fee was decreased from 5.5%/month to .5%/month. Weyrens stated that the City can only charge 6% annually according to state statute. • Interim Use Permit Renewal: Weyrens stated that the fee for the annual renewal was added as there are costs associated with publishing the hearing notice, etc. Rassier questioned why their renewal fee is less than that of the rental fees. Weyrens advised the Council that they will be responsible for the renewal fee as well as the rental fees. • Compost Permit: Previously, it was stated that the fees will remain the same as last year; however, the proposed schedule shows an increase for St. Joseph Township residents. Bartlett stated that it was an error on the fee schedule. The Township has agreed to help subsidize the costs for the compost. Frank questioned how many residents from each jurisdiction use the site. Weyrens stated that, last year, there were 42 from St. Joseph Township, fewer from St. Wendel April 2, 2009 Page 3 of 8 and a total of approximately 500 permits. Weyrens and Thene advised the Council that they may look at expanding the hours for the compost site. More information will be coming. • Liquor Licenses: Rassier questioned whether or not the amusement license is per game which Weyrens stated it is. Bartlett stated that there is a cap set for liquor licenses and some of the fees are at that cap and others are below. The proposed fees are lower than those of the area cities. The increased fees take into effect the proposed 2AM bar closing as there will be a need for more police patrol. • Preliminary Investigation Fees: Rassier questioned the investigation fees as he feels they may be too high since they are able to use computers to search for the information. Bartlett stated that other cities have higher fees, closer to $5,000 for investigations outside of Minnesota. Wick clarified that they are responsible for any fees above and beyond the $2,500 fee. Rassier suggested that they be refunded if the cost to perform the investigation is less than the fee to which Weyrens stated the proposed fee is reasonable for that service. • Pawn Shop: Frank stated that the Chief was going to work on an Ordinance for pawn shops within the City. Weyrens stated that once an Ordinance is drafted, the City will create a fee. There will be a need for mandatory reporting to the Police Department. Wick stated that currently there is a fee for a pawn brokers' license. Weyrens stated that this will be re-evaluated when the Ordinance is amended. • Utility Charges: Loso questioned the $200 increase in the water hook-up charge. Bartlett stated that there is current water debt from the Water Filtration Plant. Based on the projected revenues, there were projected increases as well. Future water projects may need more increases. The sewer hook-up charges have been consistent for a long time. The sewer charges have been increased to help pay for additional costs related to the St. Cloud Treatment Interceptor Failure and the Parkwood Lift Station. Bartlett stated that they have anticipated a certain growth rate and continue to watch the growth rate. She added that they do not want to deter development. Jane DeAustin spoke to the Council on behalf of the CMBA. She asked the Council to carefully consider the fees related to development and building. The number of residential building permits in the area has declined from over 1,000 new homes to 125. It is anticipated that the decline will continue into next year and there will be fewer units over the next several years. According to DeAustin, the aggregate number of units is the same; however, the units are attached rather than single-family homes. They are asking the area cities to look at the possibility of either keeping the fees at the 2008 rate, reducing them for 2009 or postponing collection of the WAC/SAC fees until a certificate of occupancy is issued. Rockville, Sauk Rapids and Waite Park have agreed to keep the fees at the 2008 levels and Bartell has agreed to reduce two of the residential building permit fees. St. Joseph's SAC fees are 2"d to St. Augusta and the WAC fees are far above the rest of the area cities. With the current fees, homeowners are being priced right out of the market as those fees are passed on to the homeowners. Frank stated that studies have shown that 30% of children ages 18-30 live with their parents. It is also becoming more common for grandparents to move back in with their children. DeAustin stated that single family homes have diminished in size and the number of attached units is rising. Many older people would rather rent than own their own home. She stated that attached housing has not yet caught on in this area. The City would need to amend its Ordinances to allow for certain housing types. Appendix A: Frank stated that the fees for the Police Department should be increased. Bartlett stated that in order to increase those fees, the City would need approval from the State and County. She added that Chief Jansky believes that these fines are fair. Appendix B: Bartlett advised the Councilors that some of the minimum fees have been increased to cover the costs of issuing the permit. This is primarily for commercial permits. Frank questioned the need for plumbing and electrical, etc inspections. Weyrens stated that Wasmund is working on this issue. Frank believes the fees for those types of inspections are nuisance fees. April 2, 2009 Page 4 of 8 • Appendix C: With reference to the Utility Rates, Frank stated that St. Joseph is the only City to offer a break on refuse to senior residents. He was advised that area Cities offer different types of breaks to seniors. Wick made a motion to close the public hearing; seconded by Symanietz and passed unanimously. Wick spoke with respect to the WAC/SAC fees. He stated that, from an EDA standpoint, he would rather have ten businesses build in St. Joseph for half the revenue from the WAC/SAC fees than to have three at the full price. Weyrens stated that the City has the opportunity to stagger the collection of WAC/SAC fees over a certain period of time. All cities have different twists to their rates; however, in comparison they are all fairly close. All cities have debt payments to make. Loso questioned what would happen if the rates remain the same for 2009. Bartlett advised him that it would be difficult for the City to make its debt payments. The current users have already paid their fees and they now pay for usage. Why should they pay for someone else's connection into the system? Bartlett stated that the City is falling short for the WAC/SAC payments; however, there are some reserve funds available to collect the shortfall. Rassier stated that he likes the idea of allowing the WAC/SAC fees to be paid over a period of time. Frank questioned when they are currently paid which he was advised that they are paid at the time of the building permit. There is some question as to whether or not collection of those fees could be postponed until the home is occupied. Weyrens stated that once the sewer and water inspections are done, they can begin using the water. A spec home could sit for a couple of years prior to being sold. Weyrens suggested the possibility of one inspection for both the sewer and water. Weyrens suggested that staff look at the different options and bring this back for Council discussion. Wick made a motion to approve the proposed fee schedule for 2009 with the exception of water and sewer access fees and inspections fees. These items will be reconsidered on April 16, 2009. The motion was seconded by Symanietz and passed unanimously. MAYOR REPORTS Emergency Response Training: Rassier stated that it is nice to see that people are stepping and learning how to be prepared for an emergency in the event that something happens in St. Joseph. APO Executive Board: Rassier stated that he attended the APO Executive Board, but will let Councilor Symanietz report on that. SYMAN I ETZ COUNCIL REPORTS APO: Symanietz presented the Council with a list of the projects within Minnesota that were given the go ahead as part of the Greater Economic Recovery program. She added that Northstar will extend from the Cities, near the new ball park, to Big Lake. In the future, they plan to have buses running from St. Cloud and St. Joseph to Big Lake to connect to Northstar. This will accommodate rush hour commuters. WICK EDA: Wick reported that the EDA met and they have been discussing a new business retention and expansion program to include visits with local businesses and/or surveys. In the past, this was done every three years, but they are proposing to do this on a more continual basis. They will continue to work on this as well as the possibility of town hall meetings for local businesses. April 2, 2009 Page 5 of 8 LOSO Residency Requirements: Loso stated that he recently spoke with a resident from St. Benedict and he asked her about the potential residency requirements. According to her, only freshman would be required to live on campus and St. John's has not adopted the policy yet. Weyrens advised the Council that the City has received an official statement from both the College of St. Benedict and St. John's University. Currently, both freshman and sophomores are required to live on campus. With the proposed residency requirements, 80-90% of students will live on campus as there are some that will live at home or will be studying abroad. St. John's is in the process of building a new facility which Frank stated is coming along faster than expected. The residency requirements will be implemented with each new class. FRANK APO -Frank reported that he attended the APO meeting as well; however, he will no longer be attending those meetings. He is recommending that the Council not appoint another person. He understands that the APO is not going to go away as it is mandated by federal law; however, he does not believe that it is important to have more representation as most votes are unanimous anyhow. With respect to the information provided by Councilor Symanietz, Frank stated that the bus from St. Joseph to Big Lake will not come for a few years as it would cost money. In his opinion, St. Joseph is losing out economically. He thinks it would be a good idea for the City to sit down with St. Benedict, St. John's, Metro Bus and City Officials to discuss the budget issues relating to this. He stated that it would be nice to see the Colleges make an in kind contribution to help get this service to St. Joseph. Frank offered to sit down with Weyrens and others parties involved to discuss the needs for St. Joseph. Snow Removal: Frank stated that he cannot believe that the City received a complaint about the removal of snow from the latest snow storm. He added that staff did an excellent job of quickly removing the heavy snow. Thene stated that it was a legitimate complaint and it was taken care of. ADMINISTRATOR REPORTS Delay of WAC/SAC Fees: Weyrens stated that Ordinance 44 states the parameters for applicable WAC/SAC fees. Each parameter is set at 274 gallons which is the equivalent to that of a single family home. She stated that staff has received a request to delay the payment of WAC/SAC fees for a daycare opening up in the northland plaza. Based on the Ordinance and the proposed use, they would be required to pay for 5 WAC/SAC fees. The property owners does not believe they will generate the usage equivalent to five single family homes and are requesting to review the water usage or the formula used for calculation. Weyrens stated that the City has entered into an agreement with a developer in the past to monitor the water usage for one year and the charge the applicable access fee. She added that they would get credit for the one already paid. Loso made a motion to authorize the City to enter into an agreement to delay the calculation of WAC/SAC fees for the day care at Northland Plaza and monitor the water usage for a period of one year. The motion was seconded by Symanietz. Discussion: Loso stated that he was under the assumption that once you paid for the WAC/SAC fee, you were done. Weyrens advised Loso that the Ordinance was changed a few years ago for buildings where usage changes. For asingle-family home, the average is the same. Loso was under the impression that customers just paid their user fees. Weyrens explained that when WAC/SAC fees are paid, they are paying for their share of the asset. As a result, the Ordinance was changed based on industry averages for water and sewer use. The new Ordinance has been tested in the courts and it works because it is subjective rather than objective. Many cities use the same model. The motion passed unanimously. April 2, 2009 Page 6 of 8 Ordinance 21(Clarification): Weyrens stated that every once in a while there are minor corrections that need to be made to Ordinances. There were some incorrect reference numbers in Ordinance 21. Changes to a non Land Use Ordinance only require publication after the Council approves the amendment. Therefore, Weyrens requested the Council adopt Resolution 2009-008 correcting reference numbers in Ordinance 21. Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2009-008 amending Ordinance 21, causing the same to be published. The motion was seconded by Symanietz and passed unanimously. Establish Policies: Weyrens stated that she would like approval for staff and the attorney to sit down and determine guidelines for how public hearings are conducted and to determine speaking rights of development applicants versus public and establish a format for public comments on the Council agenda. There has been some confusion in the past. Rassier agreed that there has been some "slippage". This would be a refresher for everyone and a way for the City to ensure that things are done right. Weyrens stated that she would also like to create an outline for the Planning Commission chair to use when conducting a public hearing. Wick made a motion to authorize staff and the attorney to determine guidelines for both public hearings and public comments. The motion was seconded by Symanietz and passed unanimously. Warrior to Citizen Initiative of Central MN: Weyrens stated that she received a request from Mayor O'Driscoll from Sartell asking the City to consider joining the "Yellow Ribbon Communities". Weyrens spoke with Patti Gartland from Sartell and she was advised that Cold Spring has already executed the resolution supporting the program and it is anticipated that St. Cloud and St. Augusta will be doing the same at their next regularly scheduled meeting. She added that the Council must decide if they wish to be a part of that program. Frank made a motion for the City to participate in the "Yellow Ribbon Communities" program. The motion was seconded by Loso. Discussion: Frank stated that he would like to see the pledge to the flag used and he would like Cities to extend an invitation to local groups to help lead the pledge. The motion passed unanimously. Intergovernmental Meeting: The Intergovernmental meeting was cancelled and Weyrens stated that it has not yet been rescheduled. Women in City Government: Symanietz stated that her membership dues for Women in City Government are due. She stated that she has been a member for the past three years and is now on the board of directors. The dues are $25. Frank questioned Symanietz as to whether or not she thinks it is worthwhile which she believes it is. Frank made a motion to support Symanietz as a member of Women in City Government. The motion was seconded by Wick. Discussion: Rassier reminded the Council that the reason for the discussion relating to fees is to make sure that there is a standard set for the year. He stated that whatever each council member chooses is up to them. Loso stated that it sounds like a fine organization; however, he feels that it is more of a personal endeavor and it is more beneficial to Symanietz than to the City. He suggested that she join on her own merit rather than as part of the Council. Symanietz advised April 2, 2009 Page 7 of 8 Loso that this is part of the League of Minnesota Cities. Rassier stated that he is not sure that the City benefits from this group. Loso suggested that they wait to approve this. Symanietz added that she attends approximately five meetings per year. Frank and Wick withdrew the motion. By consensus the Council agreed to continue this discussion at the April 16, 2009 budget meeting. Adjourn: Frank made a motion to adjourn at 9:05PM; seconded by Symanietz and passed unanimously. ~~ ~ C~.~ _. J d Weyrefis d inistrator