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HomeMy WebLinkAbout11-20-08November 20, 2008 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 20, 2008 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz, Steve Frank, City Administrator Judy Weyrens City Representatives Present: Finance Director Lori Bartlett, Police Chief Pete Jansky, Public Works Director Terry Thene, City Engineer Randy Sabart Others Present: Mariterese Woida, Ashley Stroby Public Comments to the Agenda: No one present wished to speak. Agenda: Symanietz made a motion to approve the agenda. The motion was seconded by Wick. Add 8~d) January Council Meeting The motion passed unanimously. Consent Agenda: Symanietz made a motion to approve the consent agenda as follows: a. Minutes -Approve the minutes of November 10, 2008. b. Bills Payable -Approve check numbers 040924-041003 and EFT numbers 00445, 040418-040422. c. Transfers -Authorize the 2008 operating transfers as presented. d. Treasurer's Report -Accept the October 2008 Treasurer's Report. The motion was seconded by Wick and passed unanimously. CITY ENGINEER REPORTS Water Filtration Update: Previously, the Council hired Mazda Consultants to evaluate the beams at the Water Filtration Plant to determine if they were structurally sound as they were checking. Sabart advised the Council that the report had been received. He stated that, based on their findings, the support beams are adequate provided that the pipe load is equally distributed. When questioned if the supports can be removed, Sabart stated that he recommends waiting until the recommended repairs are completed. APO TAC: Sabart advised the Council that he attended the APO TAC meeting at which they discussed the 2035 draft financial plan. He added that there are some concerns about whether or not earmarks are a reliable revenue source as there are some congressional reps that do not support them. According to Sabart, they discussed the amount of funds available based on the split between the local and federal with the average being a 35% local match. He added that the lobbyists are suggesting that the APO begin working on a 2010 project list. Frank stated that there may be some funds available as infrastructure stimuli for roads, bridges, etc. He added that such funds may be able to be used for sewer or water projects. Sabart stated that he is working on preparing a list of potential St. Joseph projects that could be included. Cities are being asked to put a "wish list" together for projects that could be ready for bid within 90 days if funding becomes available. He stated that mill and overlay projects may be possible projects where funding would be available. Sabart then stated that past funding is unpredictable and many are looking too far out. Rassier stated that there may not be funds available for long term projects. If the City is unable to afford a project, they are looking to re-allocate those funds. November 20, 2008 Page 2 of 5 Symanietz questioned whether the North Corridor would be a possible project for funding as the process has already started. Sabart stated that that project is on track. Rassier stated that they are looking to find out if the City can afford to build the roadway if there are funds available. Frank stated that they need to listen to the lobbyists in DC with reference to earmarks. Rassier advised the Council that they need to plan for the future as funding will be done differently than it has been in the past. Sabart added that if there is a decrease in the number of earmarks, many projects will drop out. MN Dot ROW Permit: In 2003 the City extended the water main along the Wobegon Trail, a permit from MNdot was required. The City Engineer at that time was working with MNdot to secure a permit and a question arose as to the interpretation of the MNdot requirement for the City to enter into a long term lease for the infrastructure. This matter sat idle until the City applied for a permit to install the signal lights at Northland Drive/County Road 75. At this time MNdot informed Stearns County that the City has an open permit and was hesitant to issue a new permit until that matter was resolved. Sabart stated that staff has been working with MN Dot to see if it were possible to purchase excess ROW rather than pay a lease for 20 years. He stated that MN Dot is unable to sell any ROW to the City so a lease is the only option. MN Dot has agreed to offer forgiveness for the 1St two years of lease payments, thereby waiving penalties and late fees. Frank made a motion to authorize the Mayor and Administrator to execute the lease agreement between MN Dot and the City of St. Joseph providing fora 20 year lease agreement with the fee based on the approved MN Dot fee schedule. The motion was seconded by Symanietz. Discussion: Wick stated that he had some concerns with reference to the lease agreement. • Rent: He stated that he is uncomfortable with them being able to change the rate. • Cancellation: Wick questioned what would happen to the pipe if they were to cancel the lease agreement. Sabart stated that the pipe would then need to be moved. • Sale of Property: Wick stated that he would like to add a provision that, if any ROW were to be sold, the City would have first right to purchase. • "The tenant will not be considered a displaced person as the expiration of this lease, and will not be eligible for any property holder or utility relocation expenses." He stated that we would then need to move the pipe if they were to cancel the lease. Sabart reminded Wick that this is standard language for a ROW lease agreement. Weyrens stated that MN Dot believes that there will be passenger rails again in the future. Frank questioned whether this item could be tabled until the next meeting. Weyrens stated that it must be approved by the end of November. Frank amended the motion as follows: To authorize the Mayor and Administrator to execute the lease agreement between MN Dot and the City of St. Joseph providing fora 20 year lease agreement with the fee based on the approved MN Dot fee schedule with the understanding that if possible, the language will be adjusted to allow the City to have the 1St right to purchase in the event that there is a sale of the property. Schultz questioned whether this agreement can be reviewed periodically. Weyrens stated that the City can ask for the opportunity to purchase the ROW on an annual basis when paying the lease. The motion passed unanimously. MAYOR REPORTS - No Report COUNCIL REPORTS FRANK November 20, 2008 Page 3 of 5 Comments from residents: Frank stated that periodically he sends information to those on his email list pertaining to the agenda to get information for discussion purposes. He stated that the following items were addressed: 1. Extension of bar hours: He has heard from the residents on Ash Street and they are not in favor of the extension of bar hours as they do not want to have noise continue an hour later. 2. Garbage: He stated that he hasn't heard of any complaints with the garbage service. The only issue is that of the single sort recycling. He added that the current hauler offers a coupon program in the cities and he questioned if their proposal included such a program for residents. 3. Comprehensive Plan: Many have indicated to Frank that there is no reason to rush the approval of the Comprehensive Plan simply because of a change in the City Council as this is an important document. SCHULTZ Fire Board: Schultz stated that the Fire Board recently reduced their budget. He added that the other updates would be discussed under Administrator Reports. WICK St. Cloud Area Economic Development Partnership: Wick reported that he attended the SCAEDP meeting at which they discussed the following: 1. The Science Initiative of Central Minnesota will be at the Life Science Convention in Minneapolis. 2. Exel Energy has proposed an electric rate increase of 5.3% for industrial users and 7.6% for residential users. He stated that a public hearing will be held for customers to discuss the increase. 3. Henry Fischer was recently named president of the National Rural Economic Partnership. SYMANIETZ - No Report POLICE CHIEF REPORTS Monthly Report: Jansky stated that the monthly report was provided to the Council for informational purposes. He reported that the number of calls has decreased over the past three years. Conference: Jansky reported that he attended the International Association of Chiefs of Police Conference in San Diego. He stated that he listened to several national and international speakers and was able to network with the Police Chiefs of other college communities. It was reassuring for him that other communities face the same problems as St. Joseph. Gold Cross: Frank questioned Jansky as to the response time for Gold Cross and whether it is getting longer due to the additional traffic on CR 75 and signals. Jansky stated that between the hours of 6:30 to 8:00 AM and 3:30 to 6:00 PM, traffic is gridlocked along County Road 75 but there have not been major issues. It would be an asset to have a Gold Cross stationed in St. Joseph. In the past, there was a Gold Cross stationed at the Sheriffs Office. Jansky stated that staff is working on this. PUBLIC WORKS DIRECTOR REPORTS Department Update: Thene stated that the crane truck was recently delivered. They also purchased a blade and wing for the loader. With the recent equipment purchases and the upcoming plowing changes, there will be staff available all day for snowplowing. Until the snow comes, staff is working on sweeping leaves off of the streets. Frank questioned the amount of salt to be used. Thene stated that they have asalt/sand mix; however, there is more salt than sand. They have purchased enough salt for the entire season. November 20, 2008 Page 4 of 5 ADMINISTRATOR REPORTS St. Joseph Volunteer Fire Department -Officer Selection: Weyrens reported that the Fire Board met on November 13, 2008 and one of the agenda items included recommendation of Officers. At this meeting Fire Chief Randy Torborg stated that he would be stepping down as Fire Chief. The Fire Department only received on application for Fire Chief, Jeff Tauten, and one application for Assistant Chief, Justin Honer. Both applicants meet the requirements of the job description and the Fire Department has recommended the Fire Board recommend the Council appoint Jeff Taufen Fire Chief and Justin Honer Assistant Chief. The Fire Board also considered the applications for the Captain positions. The Fire Department has six captains all serving two years. The Department received seven applications, with only five meeting the minimum qualifications. Those meeting the requirements include: Mike Lyon, Brian Orcutt, Keith Simon, Ken Jacobson and Mark Winter. Earlier this year when the Fire Board completed the Organizational Study, it was determined that the officer positions should be rotated so that officer terms were staggered to provide consistency within the department. Therefore, at this time two captains will serve a one year term and three captains will serve a three year term. In addition, the Fire Chief and Assistant Chief are two years terms, but to stagger the terms, the Assistant Fire Chief will initially serve one year. Based on the new Organizational Structure, the Fire Board reviews all applications for officers and makes a recommendation to the Fire Board. The Fire Board then reviews the recommendation of the Fire Department making a recommendation to the City Council for ratification. At this time the Fire Board has reviewed the recommendations of the Fire Department and requested the Council ratify the officers as stated above. Symanietz made a motion to accept the fire officers as listed below and recommended by the Fire Board. The motion was seconded by Schultz and passed unanimously. Fire Chief Jeff Taufen Assistant Fire Chief Justin Honer Captains Brian Orcutt Ken Jacobson Mark Winter Mike Lyon Keith Simon 12/01 /09 to 12/01111 12/01 /09 to 12/01 /10 12/01 /09 to 12101/10 12101/09 to 12101/10 12/01/09 to 12101110 12101109 to 12101111 12/01 /09 to 12/01 /11 Parkway Business Center: Weyrens presented the Council with the final plat and development agreement for the Parkway Business Center. It is anticipated that the utilities will be constructed in spring of 2009 and they are scheduled to be installed privately. It is important for the developer to be able to market the propery and he cannot do so until the property is platted. The City Engineer has approved the final plans and the developer has executed the Development Agreement. Schultz made a motion to approve the Final Plat entitled Parkway Business Center and authorize the Mayor and Administrator to execute the Development Agreement and have the same recorded. The motion was seconded by Symanietz. Discussion: Schultz questioned what would happen to the area known as Concord Street if it were not constructed. Sabart stated that they would need to use the right-of-way vacation process. Wick questioned item 3.4 in the Developer Agreement relating to a letter of credit. He was under the impression that the City no longer accepted letters of credit. Weyrens advised Wick that they are still accepted for reimbursable fees. Schultz questioned whether or not there would be any assessments. Weyrens reported there would not as this is a private development. November 20, 2008 Page 5 of 5 The motion passed unanimously. Term Limits: Weyrens stated based on the request of the Council she has gathered information from other cities relating to term limits for Boards/Commissions. The Cities of Sauk Rapids and Sartell currently have term limits. If the Council wishes to have term limits, the enabling Ordinances for the Boards and Commission must be modified. The Ordinance would then become effective upon publication. Frank stated that he sees a difference between term limits for elected officials and appointed officials. It seems as though the same people seem to be appointed over and over again. He stated that the City needs to allow for new people and new ideas. He stated he is opposed to term limits for elected officials. Rassier stated that groups such as the Sales Tax Committee may only be around for a short time; whereas, the EDA, Park Board and Planning Commission are constant. As Mayor, he has asked those whose term is expiring to reapply rather than reappoint them automatically. He doesn't see a need for term limits as he feels the application process is fair and equitable. If a person is on a board and doing a good job, how should one tell him/her that she can no longer serve? He also questioned what would happen if no one applied. Schultz then questioned how new people would be given an opportunity to serve if there are no term limits. Frank stated that the City needs to do a better job posting openings on the various boards/commissions. He added that we should reach out to the people. Weyrens advised the Council that the openings were posted in the City Newsletter that was sent to all residents and is available online. Weyrens stated that she will bring this back at a later meeting. Schultz questioned the possibility of a ward system and when that could be considered as there is no representation from the north side of town. Weyrens stated that the City can redistrict in 2010. She suggested forming a group to look at various election issues. With respect to wards, Frank stated that St. Cloud does not have a full ward system. Rassier stated that, at some time, there may be a need for afull- time Mayor. Weyrens stated that these issues should be addressed in 2009 to be effective in 2010. January Meeting: Weyrens stated that the 1st regular scheduled meeting in January is January 1. She stated that the Council should decide whether or not they want to hold the first regular meeting. Rassier questioned the swearing in of the new members. Weyrens stated that it must be done before conducting any new business in 2009. Generally, the meeting begins with the current council conducting any old business. Then the new members are sworn in and a second meeting is held to conduct any new business. Rassier suggested waiting until the 15th to hold the January meeting unless there is a need for a special meeting. Sales Tax Committee Update: Weyrens reported that the Sales Tax Committee met. They received a good response from the surveys that were distributed receiving 450 responses out of 1354 mailed. Upcoming Meetings: The following is a list of upcoming meetings for the 2009 budget: November 24 6:00 PM Budget Meeting December 2 7:00 PM Truth & Taxation Adjourn: Schultz made a motion to adjourn at 8:10 PM. The motion was seconded by Wick and passed unanimously. ---.. r ~_ .~~G~~ ~' ~d Weyr~s~~ ,'qdm istrator i~