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HomeMy WebLinkAbout[04a] Minutes - August 6 2009~~ CiTI' OF ~+T. J(1SRYH MEETING DATE: August 20, 2009 Council Agenda Item 4a AGENDA ITEM: Minutes -Requested Action: Approve the City Council minutes of August 6, 2009. SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: None BUDGET/FISCAL IMPACT: $0 ATTACHMENTS: City Council Minutes-August 6, 2009 REQUESTED COUNCIL ACTION: Approve the City Council minutes of August 6, 2009. August 6, 2009 Page 1 of 9 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, August 6, 2009 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Bob Loso, Steve Frank and City Administrator Judy Weyrens City Representatives Present: Finance Director Lori Bartlett, Public Works Director Terry Thene, Police Chief Pete Jansky, City Engineer Randy Sabart Others Present: Erin Herberg, Monte Eastvold, Jody Terhaar, Mike Connolly, Keith Simon, Cory Ehlert, Dave Demars. Public Comments Erin Herberg, Student at College of St. Benedict, approached the Council asking for their help as she has encountered some problems involving her living arrangements for this upcoming school year. Her reason for asking the Council for help is that she is trying to find the best possible solution for all parties involved. She advised them that there are four other students are in the same situation and they now have no place to live and school starts in only three weeks. The property in question is 31 W Minnesota Street. Herberg stated that, originally, Kurt Sauer was the owner of the property and he applied for a Special Use Permit to allow for rental in that building. She along with four other students had executed a lease to live at 31 MN Street W effective August 15. Early this week she has been informed that Sauer is no longer the owner of the building and it has been sold to Mike Deutz. Since the building is not habitable she and her roommates do not have housing. Herberg stated that Weyrens has been very helpful in trying to find them additional living arrangements. She and the others involved have called several of the landlords and they have been unable to secure housing together. As far as she is aware, the building at 31 West MN Street has been vacant since 2004. She stated that, although this is not the prettiest building in St. Joseph, it has a decent living arrangement. Deutz is willing to complete the necessary repairs but needs relief from the City. In trying to educate herself on the situation, she stated that she became aware of the inspections and requirements. She stated that she came before the Council to press the issue and stir up further discussion. Rassier stated that the Council is aware of the issue. According to Frank, Herberg presented this as an either/or situation. Herberg responded and stated that the living arrangements for on-campus housing are settled in March; however, CSB/SJU have offered them temporary housing until this situation is resolved. 2 AM Bar Closing Petition: Rassier read a petition signed by forty residents in opposition to the 2AM Bar Closing. The petition was submitted by Netti Pfannenstein, 208 Ash Street East and expressed concern as to the impact on the resources of the City, in particular the Police Department and the negative impact on the residential neighborhoods. Agenda: Wick made a motion to approve the agenda with the following changes: 4a Minutes of July 16 -Pull for discussion 4c Sales Tax Allocation -Moved for discussion [13c] 13b DNR Grant -Add The motion is seconded by Symanietz and passed unanimously. Consent Aoenda: Loso made a motion to approve the consent agenda as follows: a. Minutes -Approve the Council minutes of May 27, 2009. b. Bills Payable -Approve check numbers 041807-041883 and EFT numbers 000299- 000308, 000461-000463. c. Moved for discussion [13c] The motion was seconded by Wick and passed unanimously. August 6, 2009 Page 2 of 9 Minutes -July 16, 2009: Frank stated that he removed this item from the consent agenda to clarify his statement regarding 31 MN Street West and how a small amount of money can have a large impact. He stated that he was referring to awnings installed on the Insurance Company. This minor improvement changed the appearance. Symanietz made a motion to approve the Minutes of July 16, 2009 with minor changes noted by Frank. The motion was seconded by Loso and passed unanimously. Bond Sale: Monte Eastvold approached the Councilors representing Northland Securities. He stated that he previously presented the Council with an opportunity to refund the Public Revenue Bond issued in 2003 for the Public Works Building. The original debt was issued through the St. Joseph EDA and the building was then leased to the City from the EDA. The City has the opportunity to convert the public project revenue bonds to General Obligation Capital Improvement bonds which naturally carry a lower interest rate. Eastvold provided the Council with a Debt Service Comparison which shows that, over time, the City would save approximately $25,443. When this was previously presented to the Council, they were looking for savings of $20,000 or greater. Based on the actual interest rates, the City is looking at an average interest rate of 2.91 %. Eastvold advised the Council that the issuance expenses will be approximately $18,282 and the savings are net savings after the issuance expenses. Eastvold advised the Council that, in order to approve the bond sale, they must approve the following: • Resolution -Approving the bond sale in the amount of $495,000. • Execute a resolution authorizing Northland Securities to be the purchasing agent Frank made a motion to authorize execution of Resolution 2009-017 Accepting the proposal and award the sale of the $495,000 GO Capital Improvement Plan Refunding Bonds, Series 2009B. The motion was seconded by Symanietz. Discussion: Frank stated that, with guidance and Counsel, the City has been able to refinance and save several dollars over the past year. Eastvold added that interest rates are dropping and cities are now able to refund old bond issues. The motion passed unanimously. Loso made a motion to execute the contract between the City of St. Joseph and Northland Securities for the purchase and sale of the bond. The motion was seconded by Wick and passed unanimously. Wick clarified that this item will be on the next EDA agenda. Frank questioned if there are any other refinancing possibilities coming up in the near future. Eastvold stated that, currently, there are not; however, they continually review the City's debt and he will bring any possible candidates back to the City. CSB/SJU Deans of Students -Donation of Card Reader: Jody Terhaar, CSB Dean of Students, and Mike Connolly, SJU Dean of Students, approached the Council to formalize the donation of a transaction scanner to the City/Police Department. Terhaar and Connolly began by highlighting some of the partnerships between the City and CSB/SJU. Terhaar stated that they have held monthly meetings with Chief Jansky and Administrator Weyrens for the past ten years. This monthly meeting has allowed the City and College/University to address issues as they arise, solving issues as they occur. Connolly stated that the meetings are an excellent way to move ahead by meeting to review big events and find other ways to deal with some of the issues that arise. Connolly stated that for the past eight years, they have held an annual meeting with the off-campus student residents at which they will welcome the students back and lay out their expectations of them. The meeting is scheduled for 8 PM on September 1 at Sal's Bar. Chief Jansky, Administrator Weyrens, Mayor Rassier as well as staff and student leaders from both campuses will be present. Both campuses have a Good Neighbor Policy which the students are expected to follow. It has been cleaned up a little bit this year. Terhaar stated that if students to not follow the guidelines, they can be restricted from student August 6, 2009 Page 3 of 9 activities or possibly be prevented from participating in the commencement ceremony. As a result of the monthly meetings, Connolly stated that they have been able to look at events such as Senior Farewell. After their time at CSB/SJU, the students want to enjoy their last moments together. They have been able to find a safe way to host senior farewell and have done so for that past three years. The meetings have also resulted in better relationships between the Colleges and the City. Terhaar stated that the College of St. Benedict and St. John's University have purchased three IDVisor Card Readers and will be donating one to the City. The readers will allow the licenses to be scanned to ensure that people are of age and also detects fake IDs. They hope that this is a tool that will help to keep the students safe. On behalf of the City, Rassier thanked them for their donation. Frank questioned how each bar will get such a machine since it is one of the conditions for staying open until 2AM. Jansky stated that they are looking at ways to fund something like this. Each establishment would be responsible for purchasing their own, but he stated that they may be able to work out a lower rate with the distributor. They also addressed the rental housing issue. Connolly stated that they would like to host an annual meeting with the landlords to give them the opportunity to speak to the landlord about the conditions of the rental homes in St. Joseph. Many institutions have moved away from providing students with an approved off-campus housing list. Connolly stated that it is difficult as an institution to designate what is acceptable and what is not. Frank questioned how well the transaction devices work. Connolly stated there are some fake IDs that are really good and without a device it would be extremely difficult to determine which ones are fake. The device scanner has the capability of instant detection. Jansky advised the Council that it reads all 49 states except Georgia, all provinces in Canada as well as Military IDs. With both the Dean of Students for St. John's University and the College of St. Benedict present, Loso questioned them on the status of the on-campus housing requirements. On behalf of St. John's University, Connolly stated that 80% of the students will live on campus. St. John's is expected to have 1,911 students for the upcoming school year; however, they only 1,521 beds on campus. They have a requirement that all students who attend St. John's must live on campus all four years. According to Connolly, there are some students that are studying abroad and then there will be some juniors and seniors that may request to live off-campus. In order to be granted off-campus housing, they must be in good standing at the University, be over 21 years of age, be married or living in the local area. Terhaar stated that the College of St. Benedict will have an understanding with the class coming in fall 2010 that they must live on campus all four years. The effect will not be felt until fall 2012 as that class becomes juniors. Currently, they do not have enough housing to accommodate a full residency requirement. They need to add approximately 150 beds to accommodate the students. With 2028 students and 1550 beds, they cannot accommodate them 100%. If enrollment remains steady at the College of St. Benedict, Terhaar stated that 200-250 students will continue to live off-campus. Connolly stated that it is highly likely that 175-225 St. John's students will live off-campus. Ordinance Amendment -Liquor: Weyrens presented the Council with a proposed amendment to Ordinance 71. Previously, the Council discussed the possible 2AM bar closing and requested staff work with the liquor license holders to prepare an amendment to forward for Council discussion. Weyrens stated that the proposed amendment includes the following changes: • Fire Inspection required annually. • Removal of debris to be done by 9AM the following day. • Use of a transaction scanner to be used for those securing a 2AM permit. • Confiscated licenses are delivered to the Police within 24 hours. • Update language for 2AM closing time. • Use of administrative fines for minor consumption. Wick questioned the following: • [Page 13] "d) ... later than 10:15 o'clock p.m...." He asked Weyrens to look into proper format. August 6, 2009 Page 4 of 9 [Page 9] Subd. 2. Wick questioned if those times are all accurate. Weyrens stated that they are as they have been changed from the original ordinance. Effective date: Weyrens stated that there is no specific effective date. Generally, Ordinances are effective upon publication. She added that those wishing to do the 2AM closing, must apply to the State for the proper license as well and she is uncertain as to how long this process takes to complete. Symanietz questioned whether the City will need to change its signs for winter parking. Weyrens stated that, similar to other cities, it will be the responsibility of the bar owners to remind their patrons of the parking laws. Rassier suggested that the Police work the outer areas of town and then work towards downtown. Frank stated that he has tried to support the Police Chief in the past, but he has several concerns regarding this change. He stated that the Council has heard from residents who live in the area who are less than enthused. He has received mixed messages from his colleagues. He has heard the argument that we should do it because other cities have it. According to Frank, that is not necessarily a good reason to do it. He further stated that he recognizes that some progress is being made with regard to fines, debris and fire access, he is still bothered by the fact that there are no inspections being done for capacity. He was made aware of the fact, that on certain events, people are packing into the bar. Jansky stated that, generally, the Fire Marshall or Building Inspector would enforce capacity. In speaking with the Building Official, Wasmund explained that typically a call comes in and the building inspector and the police department would go and do a head count. It is generally done on a complaint basis. Jansky stated that they may do spot checks once in a while, but policing is the responsibility of the establishment. Loso made a motion to authorize the Mayor and Administrator to execute the amendment to Ordinance 71 effective upon publication. The motion was seconded by Symanietz. Discussion: Wick advised Frank that based on Section 71.08: Conditions of License; the City is allowed to come in for an inspection at any time. Frank advised Weyrens that it is her job to manage the employees and to make sure that this is done. Jansky stated that staff will sit down and talk about this to come up with a process to make sure that this is done. He added that the Police Department does spot checks 5-6 times per week. Loso suggested that if the Police Officer sees that there are too many in the establishment, they should talk to the bar owner. Wick then questioned the effective date. He questioned what staff recommends. Weyrens stated that it can be published next week. Jansky added that their schedule is set. He also added that the items addressed in the petition are also items that are concerns of his. Jansky reminded the Council that he only has enough staff to go around. Frank stated that the police department may face a reduction of an officer in the next year. The motion passed unanimously. Wick made a motion to authorize the Mayor and Administrator to execute Resolution 2009-018 authorizing summary publication of Ordinance 71. The motion was seconded by Symanietz and passed unanimously. Fire Relief Report: Keith Simon approached the Council on behalf of the Fire Relief Association. The Fire Relief Association is a separate entity managed by the Fire Department whose purpose is to manage the Fire Pension Fund. Since the Fire Department is a facet of the City, the City is ultimately responsible for the status of the fund. Annually the Fire Department is required to report to the Council on the status of the retirement fund and if the fund is in the deficit, the amount need to reduce the deficit must be presented to the Council for contribution in the following calendar year. Simon stated that this year the retirement fund is showing an anticipated fund shortfall of approximately $ 22,000. The shortfall is a result of the economic condition and payment for retirees. Weyrens stated tha August 6, 2009 Page 5 of 9 the Fire Board recently discussed the budget for 2010 and have agreed to fund all but $ 3,000 of the shortfall from the designated reserves. Frank made a motion to accept the Fire Relief Report and authorize the Administrator to execute the Fire Relief Report indicating that the Fire Relief has presented the report to the City Council identifying the liability for 2010. The motion was seconded by Wick and passed unanimously. City Engineer Reports APO TAC Update: Sabart advised the Council that he attended the APO TAC meeting at which they discussed the following: • The Pedestrian & Bicycle Committee has taken on a much more active role. They continue to work on bicycle and pedestrian initiatives. • The discussed a new Federal Stimulus Transportation Investment Generating Economic Recovery [TIGER] Grant Program. He stated that this is a mega grant program. The project must be a minimum of $20million up to a maximum of $300million. These projects are generally hard to fund. He stated that the APO TAC is recommending support of five projects that have been recommended by MnDOT as potential projects. • An APO Traffic Model and Roadway Deficiency Analysis was completed which summarizes the various intersections by community. There are six intersections in St. Joseph that were reviewed. Generally, a score of greater than 4 indicates problems. Sabart stated that St. Joseph did not flag any problematic intersections. • He added that the APO TAC approving some adjustments to the 2035 Roadway Plan. • They discussed the 2009 MPO Conference. Sabart advised the Council that there will be a Complete Streets Workshop held on August 10. They also reviewed the Federal Appropriations Requests of Bachman and Klobuchar. He stated that there are limited earmarks. Frank stated that in the packet of information from the APO there was a minor note regarding Field Street and he also noticed that the City paid a small fee for the project. He questioned if the City is still accruing expenses on this. Sabart stated that the APO asked each City to give a brief report on the status of the federal funded projects. Weyrens added that the fees that were paid were for follow up work between Cultural Resources Unit, the St. Cloud APO and the consultants. County Road 2 Realignment Update: Sabart reported that City Staff met with Stearns County Staff to check where the County is at with this project. He stated that there have been no significant changes to the geometry of the realignment. Currently, they are working on securing the right-of-way and they anticipate having the appraisal services complete by the end of the month. Symanietz questioned whether or not there will be a bike lane constructed on one side of the new roadway. Sabart replied that they have widened the shoulders, but they will not be marked. They have had this discussion with the Council in the past and without a commitment they are proceeding without any trails. He added that the widened shoulders will not be called bike trails as they do not meet trail standards. Weyrens questioned if there is a sense of urgency if the City would like them to include a bike trail. Sabart advised the Council that they would need to know in the next week or so. Weyrens questioned the possibility of having it built in as an alternate. Sabart stated that if the County takes the effort to design the trail, they will expect that the City will want to build it. With the aging of populations, Frank questioned whether trails could eventually be used for other possible uses rather than bikes such as electric mobile devices. Frank Sabart stated that he is intrigued by the possible addendum to the bid. One question is that of who will design the possible trail? He stated that the County is in the best position to do that; however, the City would need to apply for the wetland impact permit on its own. The second question is whether or not the construction of the trail would be affordable to the City. In response to that question, Rassier stated that staff has no way of knowing this until they see the figures. Symanietz stated that it would be good to get this tied into the City's trail system. Rassier again stated that staff and the Council will need a number in front of them to add to the City's budget process. Frank questioned if this would be funded through sales tax funds or CIP to which Rassier stated he was not sure. August 6, 2009 Page 6 of 9 Frank stated that the proposed park project is a good idea, but he still has concerns on the best use of the sales tax fund. Based on previous comments made, he clarified that he would like to explore the option of a community center rather than spend all of the sales tax funds to fund a community center. According to Frank, there are a lot of good ideas. He would like to plan some public forums and public hearings to get input from the residents. Symanietz advised Frank that the City received citizen input when they voted. According to Frank, that was years ago and things have changed. He doesn't understand why the Council is afraid to hold public forums. Loso argued that a vote was already taken. Frank agreed that a vote was taken; however, the City now has specific projects to look at and a space study has been done. Since these are concrete things, he believes the forums should take place. With respect to the possible trail, Rassier stated that this is a timing issue and he suggested that it be added as an addendum to the bid. He directed Sabart to try and get a design in place and a firm price on the trail. Northland Heights: Sabart reported that an issue arose near Iris and 13t" Avenue NE with some incidental bumps. He stated that the pavement heaved over the storm sewer which was a strange development as it was installed three years ago. The general contractor has been contacted and a warranty claim has been filed to get this corrected. They are scheduled to begin working on this next week. Currently, Sabart stated that there is no understanding of the problem, but he stated that it may have been due to a crushed drain the or the placement of the storm sewer pipe. He assured the Council that there will be a bypass route to residents can still get in and out of the development. Sewer Study: Sabart reported that, on Monday, staff will be reviewing the modeling results of the comprehensive sewer study that is being completed. He added that the modeling and analysis portions are complete and they are finishing up on the narrative portion. APO Report: Within the APO Report, Frank noticed a Financial Capacity Analysis which includes charts showing the financial condition of each agency/jurisdiction and its ability to provide adequate local funding to match federal dollars programmed in the 2010-2013 TIP. He questioned whether that was new to which Sabart stated it is only a new way of reporting this information. Based on the charts, Frank stated that Sartell is in the next best position to do more projects. Public Works Director Reports Weed Control: According to Thene, the City has received elevated complaints this year regarding weeds. He assured the Council that staff is working on this. Frank questioned if they are complaining about cutting or spraying to which Thene stated both. Frank reported that, near the Cities, some cities are selling their parks. Other cities are letting their snow get higher before plowing. He suggested possibly not spraying or letting the grass get a little longer. Rassier advised residents that when they have a complaint, they should call City Hall and provide staff with an address so that they can do their part to get the property owner to comply. Thene stated that once a call is received, a letter is sent to the property owner and they have 10 days in which to comply prior to having someone hired to mow the property. Weyrens advised residents that when the property is mowed, it will not look like a manicured lot. Legislative Update: Representative Larry Hosch approached the Councilors to provide a legislative update. He advised the Council that the State's budget had a deficit of $6.4 billion which was reduced to $4.6 billion when including the federal stimulus dollars. The deficit was reduced by three mechanisms: revenues, cuts and shifts. • Cuts: There were $1.6 billion in cuts from the legislature. The governor recommended $1.5 billion. • Shifts: $1.8 billion was shifted to show more funds available when looking at future liabilities. This was done by delaying payments. This delays the cuts, buts it is only one-time money and is simply an accounting gimmick. This will result in $1.8 billion moving into the next biennium. • Revenues: When looking at revenues, Hosch stated that this is where there were some Conflicts between the Legislature and the Governor. The Governor proposed $1 million in revenue from twenty years of tobacco payments to pay for two years of bond payments. The Legislature August 6, 2009 Page 7 of 9 proposed ongoing permanent revenues through afour-tier income tax for earners over $250,000 and an alcohol tax of 3-cents per drink. This was scaled down from a larger tax bill that was passed earlier which had some additional issues with household credits and interest deductions. That was vetoed by the governor resulting in the unallottment. Hosch stated that St. Joseph will be losing $88,000 in LGA this year and $204,000 next year. This results in $22/capita for 2009 and $55/capita in 2010. Hosch stated that it was very frustrating as there was a lot of work and effort went into this and then it resulted in the cuts. He added that communication needed to be better than what it was and placing blame is not productive. The unallottment will affect property taxes. Next year will be the first time in his lifetime in which property taxes will exceed income tax collection. In his opinion, this is the wrong direction to be going. He stated that the reality is that, due to the cuts and shifts, there will be a budget deficit in the next Minnesota State budget. Hosch stated that he provided the City with a letter explaining some of the changes and mandate relief efforts that were made. It also addressed the administrative fines that was passed and implemented this year. He has worked on this with Chief Jansky over the past five years. There was a lot of compromise to get all of the stakeholders on board. There were some cities that were close to facing lawsuits due to lack of standards on administrative fines. Symanietz stated that she heard about a possible user fee on fast food. She questioned where the money will go. This is being discussed at the Federal level and has not yet been discussed in Minnesota. This is possibly part of the health care reform. Last time he was present he discussed a possible property tax committee, Weyrens questioned if this was going anywhere. Hosch stated that any tax credits will be very difficult to move through. Tax chair in the house has a strong aversion to tax credits. She believes that a lower tax rate should be applied equally. Frank stated it will be difficult for property owners when their property values start to decline and their property taxes rise. Hosch stated that, since 2003, property taxes have increased by 55%. Employment in those cities has decreased by 8%. Cities are making difficult decisions. He added that employment in the State has either remained the same or increased. Hosch concluded by advising the Council that the next legislative session is a bonding session. If they know any Regional projects, cannot be City specific, let him know and he will take it back to the capitol with him. He added that trails can piggy back that. Mayor Reports - No Report FRANK Council Reports Rental Issues: Frank stated that there are issues with rental housing and it is not restricted to student housing to which there are no magic answers. He has asked Weyrens if he could go along with the rental inspector when he inspects some of the rental properties, similar to how some of the Councilors do ride- alongs with the Police Department. When considering rental licenses, Frank stated he would like for the rental inspector to be there. Transportation: Frank questioned Weyrens to a possible meeting with the College of St. Benedict and St. John's regarding possible transportation connections with Northstar. Weyrens stated that she had previously contacted Sue Palmer to see who from CSB and SJU should be part of this committee and she has yet to respond. . August 6, 2009 Page 8 of 9 LOSO Fire Board: Loso reported that the Fire Board met and approved the preliminary budget for 2010. Frank stated that he is starting to see good things from the Fire Department. Weyrens added that there have been some positive changes with the new Fire Chief. Beuning Letter: Loso stated that he, as well as the other councilors, received an email from Roger Beuning regarding snow removal and upkeep of properties. He said it was very well written. Planning Commission: Loso questioned the outcome of the Planning Commission meeting with respect to the Stonehouse expansion. Weyrens stated that there were some issues with parking as they were short some parking spaces. The owners provided an agreement with the Army, but it was not acceptable as their was a question as to whether or not the parking met the ordinance since it was not paved. The Planning Commission suggested that they try to lease parking space from the property known as Trobec's Event Center. The property owner got frustrated and decided it was not worth the hassle. Weyrens stated that staff is trying to get them to reconsider and she has asked Mayor Rassier and EDA Chair Wick to help. The proposed expansion would double the size of their building. WICK - No Report SYMANITEZ LMC Conference: Previously Symanietz reported that she attended the LMC Conference. She handed out some materials that she collected at the conference. Park Board: Symanietz stated that the Park Board met; however, she had nothing to report as it will be discussed later. Administrator Reports SCAWAC Update: Weyrens stated that the SCAWAC is working to update the sewer use agreement and would like to have legal counsel look at it on behalf of all the cities. Flaherty and Hood have agreed to honor the prices for non-member cities. If all cities go together, the total cost would range from $4,300- $10,100. The St. Joseph portion would range from $437-$1,105. St. Joseph is responsible for 10%, St. Cloud 34%, Sartell 28%, Sauk Rapids 12%, Waite Park and St. Augusta 8%. Wick made a motion to approve the expenditure of up to $1,105 to participate in the review process for the sewer use agreement. The motion was seconded by Symanietz. Discussion: Wick agreed with Weyrens that it would be best to have it looked at together rather than each city have their own attorney review the document. Rassier stated that we should be sure everyone agrees with the agreement. Frank questioned the purpose of the document. Sabart stated that it is a legal document that defines the billing practice between St. Cloud and the area cities for the use of the sewer system. The existing agreement and document has been reviewed. It is similar, but there are some updates that were made for legal concerns. The motion passed unanimously. DNR Grant: Weyrens stated that the Fire Chief announced that they were successful in receiving a DNR Grant. They applied for $5,000 and received $2,000. This is a 50/50 matching grant resulting in a $4,000 outlay. Previously, the Fire Board approved purchasing five new pagers. They held off on purchasing those. Now, with the grant funds, they are able to purchase eight pagers. Loso made a motion to accept the DNR Grant for $2,000 and purchase eight pagers for the Fire Department. The motion was seconded by Frank and passed unanimously. August 6, 2009 Page 9 of 9 Sales Tax Allocation: Frank stated that this item was pulled for discussion because he only wants to see routine items on the consent agenda. He stated that he believes this is a good idea, but he is reluctant to do it at this stage until there is some sense of what will be done with the Sales Tax. Bruce Berghorst approached the Council on behalf of the Park Board. Frank questioned Berghorst, what if Centennial Park is not part of the package? Weyrens stated that it was brought to her attention that this park is listed as a community park rather than a regional park in the Master Park Plan. According to Berghorst, the regional parks were labeled as community parks. They were labeled as community parks due to the facilities. Frank suggested that the Council go ahead and allocate $42,500 as some of those are clearly needs that need to be met as identified by the League of Minnesota Cities. He questioned when this would start. Berghorst stated that they would try to proceed this fall to be ready for rentals in the spring. Loso made a motion to authorize the expenditure of up to $67,500 for the purpose of playground equipment from Minnesota/VVisconsin and to use $42,500 of sales tax proceeds. The motion was seconded by Symanietz. Discussion: Symanietz stated that some of the equipment is very old and needs to be replaced for safety and handicap accessibility. She added that she is in favor of the equipment replacement. Rassier stated that he respects the Park Board; however, the City is still in the infancy of how this should be used and not all of the Councilors agree on how these funds should be allocated. Berghorst stated that last year the Park Board was in the process of doing the master park plan to start identifying the needs and listing their priorities. They did this knowing that, in the future, they may have some funds to do the improvements. Based on the requirements of the half cent sales tax, they felt that they could make those improvements. Frank stated that some of the sales tax funds were used to fund the master park plan. He then re-stated that the Council needs to work with the residents via the website, forums, etc to ask what they think. Berghorst advised Frank that public forums were held during the master park plan process and the residents saw that the equipment needs to be replaced. Berghorst stated that he asked the supplier for a bid, but it did not include the border, fill, concrete, it was for assembly only. They would like to use staff for the assembly. He also advised the Council that some of the equipment may be moved to Millstream to bring that equipment up to code for LMC standards. There was some concern about piecing equipment from different parks together at Millstream. Berghorst stated that the only piece from Centennial to be moved would be the slide. Bartlett questioned Berghorst as to whether or not he got any additional quotes to which he stated he had not as they use Game time for most of the equipment in St. Joseph. Frank stated that the goal is to standardize the equipment in town and Loso added that two companies will not sell the same products. Rassier suggested that, in the future, the Park Board look at different quotes. Ayes: Wick, Symanietz, Loso Nays: Rassier, Frank The motion passed 3:2:0 Rental Issue - 31 Minnesota Street West: Rassier stated the Council is not in a position to tell the property owner what he can or cannot do with his property. It is unsure whether the leases are legal or not. He questioned whether it is the Council's job to police the landlords. Frank stated that it is no doubt that the new landlord will be a good landlord, but he may need to go through the Special Use Process again. Wick stated that this was not on the agenda which was already approved therefore the discussion should be terminated. Mayor Rassier concurred with Wick and requested a motion for adjournment. Adjourn: Wick made a motion to adjourn at 9:15; seconded by Symanietz and passed unanimously. Judy Weyrens Administrator