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HomeMy WebLinkAbout2010 [01] Jan 07January 7, 2010 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, January 7, 2010 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of allegiance. Members Present: Mayor Al Rassier, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Finance Director Lori Bartlett, Public Works Director Terry Thene and Police Chief Pete Jansky Others Present: Margy Hughes Public Comments: Mangy Hughes, 128 Able Ct E, approached the Council to ask for clarification of the 2010 plans for the City's EDA position. She questioned whether this position will continue to operate as it has in the past whether the City is looking for something new. Approval of the Agenda: Wick made a motion to approve the agenda with the following additions /changes /deletions: • Move 4d 2010 Non -Union Compensation: to be discussed after consent agenda • Add 8c Insurance — Torte Limits The motion was seconded by Symanietz and passed unanimously Consent Agenda: Wick made a motion to approve the consent agenda as follows: a. Minutes — Approve the City Council minutes of October 15, November 19 and December 3, 2009. b. Bills Payable — Approve check numbers 042268- 042391 and EFT numbers 000351 - 000364 and 000480. c. Acceptance of Gifts — Accept the donations and their purposes as presented. d. Moved for future discussion. The motion was seconded by Frank and passed unanimously. 2010 Non -Union Compensation: Frank stated that he pulled this item from the consent agenda as he believes that the consent agenda should be used for routine items which this is not. He also stated that they must be careful when discussing this issue as the City is still in negotiations with the unions. There are three groups of employees within the City: management, LELS (Police) Union and AFSCME (Maintenance & Administration Staff) Union. Frank added that he has sat in during a lot of negotiations and, in most cases; the "top dogs" are not settled until the other units are settled. He stated that there are a couple of things that may have implications to the other units. Frank questioned what exactly is happening. He stated that normally he hates to pay management prior to the workers. Loso made a motion to table the 2010 Non -Union Compensation until the other contracts are settled. With a lack of a second, the motion failed. Weyrens advised the Council that this is typically done by consent and the Council has previously discussed compensation for 2010. The City has not budgeted for a cost of living increase, but did budget for step increases. The proposal before the Council is consistent with what is being offered to the Unions and is within the budget established for 2010. The proposal also increases the employee contribution to health insurance for the deductible. In additional the proposal would amend the Personnel Policy to allow non -union employees to carry from one calendar year to another the amount of vacation hours that are earned. The Council has allowed this January 7, 2010 Page 2 of 6 over the past years and when hiring employees they were told they could carry the amount of vacation that is earned in a calendar year. The maximum amount that would be allowed to be carried forward in any given year is 200 hours, provided they earn the same. Loso stated that the current policy makes a provision for 80 hours and he has concerns increasing the amount up to 200 hours and would prefer to see 180 hours. Rassier made a motion to freeze wages for non -union employees, providing for step increases and to amend the Personnel Policy as follows: An employee shall be allowed to carry forward into the next calendar year, the maximum number of hours equal to what is accrued during the same year. For example: any employee earning 160 hours of vacation shall be allowed to carry that same balance forward into the next calendar year. At no time shall the maximum vacation carry over on December 31 of any calendar year exceed 200 hours and any hours in excess of the allotted carry over shall be forfeited. The motion was seconded by Symanietz. Discussion: Symanietz questioned if there are rules or laws which state that they must adopt employee compensation in a certain order, which she was told there were not. Weyrens clarified that currently the City pays 90% of the HSA deductible and the proposal before the Council increases the employee contribution to 80 %. With regard to the vacation carry over, extending the amount of vacation hours would be comparable to the amount of hours an union is allowed to carry between vacation, compensatory time and holiday hours. Amendment: Frank made an amendment to the motion reducing the 200 hours of vacation carry- over to 180. The motion was seconded by Loso. Discussion: Wick expressed his concern for those employees that were told, when they were hired, that they could carry-over a certain amount. Ayes: Frank, Loso Nays: Rassier, Wick, Symanietz Amendment Fails 2:3:0 Ayes: Rassier, Wick, Symanietz Nays: Frank, Loso Motion Carries 3:2:0 CITY ENGINEER REPORTS St. Cloud Wastewater Treatment Facility Expansion: Sabart reported that the St. Cloud staff attended the Intergovernmental meeting at which they provided a presentation on the status of the bids for the St. Cloud Wastewater Treatment Plant expansion (WWTP) and illustrated reasons to move forward with the project. The bid opening was held on Oct 22 and St. Cloud staff has been reviewing the bids, determining the qualification of the bid and working with the St. Cloud Area Wastewater Advisory Committee (SCAWAC) on the pros and cons of moving forward with the project. Sabart advised the Council that, as part of the design agreement, each City is being asked to pass a resolution of support. He added that each community has had to look at different obstacles that their City faces and each City has a different perspective. Symanietz questioned Waite Park's position and how this would impact St. Joseph. According to Sabart, both Waite Park and St. Augusta have some reservations. St. Cloud desires to have unified support. He advised the Council that there has not yet been any discussion regarding the reallocation of costs. Sabart stated that he is unaware of any cost changes. So far, the focus has been on the low bid and the alternate and those costs are less than those estimated in the agreement. Loso made a motion to approve Resolution 2010 -001 in support of awarding the bid for the St. Cloud WWTF Rehabilitation, Upgrade and Expansion project. The motion was seconded by Frank. January 7, 2010 Page 3 of 6 Discussion: Frank stated that he agrees with a comment made by Gaetz at the Intergovernmental Meeting "something is going to go wrong and we will pay for it one way or another ". The motion passed unanimously. Sabart advised the Council that there may be some additional funding available to help finance the WWTF expansion. He stated that each of the member cities may be eligible for some grant money by submitting individual applications. St. Joseph Staff will work with the St. Cloud Staff to complete necessary paperwork for any funding opportunities. Energy Grant: Sabart advised the Council that the Minnesota Office of Energy Security is accepting proposals from cities for the Energy Efficiency and Conservation Block Grant Program. This is for projects that require energy efficiency retrofits, renewable energy, efficiency technology in government buildings and street lights and traffic signals. There has been some discussion if the main lift station is an eligible candidate for funding. The lift station was built in the 1980's and the Public Works Director has identified a number of improvements that are needed. Improvements include: insulation, windows, roofing and a new heating system. One of the requirements for funding is proof of a simple payback in the next 2 -10 years. Sabart stated that his staff has been evaluating the project and the pay period is close to the requirement. If the City is interested in pursuing funding, a letter of intent must be submitted prior to January1 5 th . In March 2009, Thene commissioned an energy assessment by Xcel Energy. This data was used in the initial payback calculations. Sabart stated there is some concern as to whether or not other building code issues will come into play if the City is awarded funding and the costs associated with the same. When questioned about the cost of submitting the letter of intent, Sabart responded that the cost would be minimal. Rassier stated that it is a good idea to submit the letter of intent. Frank questioned if there are other grants available or tax credits that can be used as leverage with companies such as Xcel. It was stated that by making the improvements, the City may be eligible for some rebates from Xcel. Sabart added that some improvements are more expensive and may not be eligible for rebates. 16th Avenue Improvement Update: Sabart updated the Council on the proposed improvements to 16th Avenue. The soil borings have been completed and he has just received the final report. He will provide a more detailed report at the next Council meeting. County Road 2 Update: Previously, Councilor Loso asked for a status update on the County Road 2 Realignment. Sabart stated that he checked with County staff and they are still working on some design details. He added that the County has not yet made any ROW offers, but that will be coming soon. Sabart concluded by stating that he is unable to report on a construction schedule at this time, but he senses that the budget woes are weighing in on this. PUBLIC WORKS DIRECTOR REPORTS Street Lighting: Thene reported that the City has received a letter from and 11 year old girl regarding the street lighting in Northland. He stated that all of the intersections are lit and when the blocks are extended, there are additional street lights. He added that staff would like to respond to her concern; however, there was no last name or address on the letter. Wick stated that the trail connecting the streets is not lit; perhaps that is what she was referring to. Thene stated that he would look into that although there may be some problems depending on the distance from the trail to the adjacent homes. Water: Frank advised Thene that he received a phone call from a resident on W Minnesota Street who stated that her water was yellow again. Thene stated that it is a possibility that the problem is internal, but he urged residents to call City Hall if they are experiencing water issues. January 7, 2010 Page 4 of 6 POLICE CHIEF REPORTS Snow Removal: Jansky reported that he was speaking with a gentleman at the Holiday Store who stated that he was very impressed with the snowplowing here in town. Because the roads are slippery, Jansky asked people to be extra careful and use caution when driving, especially in areas where kids are waiting for the bus. Frank added that he has talked to several people as well who agree that staff did a great job plowing. MAYOR REPORTS 2010 Mayor Appointments: Rassier began by thanking Bruce Berghorst for all his work as chair of the Park Board and stated that he appreciated working with him. Wick agreed. Rassier stated that ads were placed in the Newsleader notifying residents of the openings on both the Park Board and the Planning Commission. There were two openings on the Planning Commission and both candidates re- applied and were re- appointed. With Berghorst's resignation, there were three openings on the Park Board and only one application was received and that person was appointed. There are two additional openings on the Park Board. Loso made a motion to approve the 2010 Mayor Appointments with the exception of Acting Mayor. The motion was seconded by Wick. Discussion: Frank stated that he will be voting against the motion as it is his opinion that when he came on the Council, the appointment process was more of an open process and he would like to return to that. Ayes: Rassier, Wick, Symanietz, Loso Nays: Frank Rassier stated that the Council must complete a nomination process for filing the Acting Mayor Appointment and stated that he would recommend the reappointment of Wick. Loso made a motion to reappoint Wick as Acting Mayor. The motion was seconded by Frank and passed unanimously. Credit Union Open House: Rassier reported that an open house is scheduled for Monday at the new site. COUNCIL REPORTS FRANK Frank stated that he had no reports, but advised residents that his contact information is available on the City website. Rassier added that contact information is also available on the City's Cable Access Channel. LOSO Snow Update: Loso stated that since the parking restrictions went into effect, there have been two plowable snow days and there was five days of media coverage regarding the storm. He advised the Council and City Staff that he would like to revisit this item in the spring for a more modern approach to winter parking restrictions. WICK EDA: Wick reported that the EDA met in December and they continue to work on a revised job description for staffing the EDA. Wick stated that the first step in the process is to have a clear job description and this will be addressed further at the Council Retreat. With respect to the Council Retreat, Frank stated that he has some items that he would like to see discussed. Weyrens stated that the Council should call her with ideas for items of discussion. SYMANIETZ — No Report ADMINISTRATOR REPORTS January 7, 2010 Page 5 of 6 Code of Conduct: Weyrens reported at the December Council meeting the EDA recommended the City considering adopting a Code of Conduct for all elected and appointed officials. Since that time staff has researched models used by other agencies and have submitted the draft Code of Conduct and Ordinance as prepared by the League of Minnesota Cities. Since the staff reviewed the League model policy, it has been brought to our attention that the City of St. Cloud in 1999/2000 implemented a similar Code of Conduct as prepared by the League. Wick stated that he is involved with some other non - profit organizations and it seems as though auditors are beginning to look for a code of conduct/ethics. He stated that the draft Ordinance does mirror State Statute but is easier to find than reading the State Statutes. Wick noted a minor change to the proposed ordinance. Wick also reminded the other Councilors that there are two documents, one is an ordinance and the other is a code of conduct which is more like a value statement, with the Ordinance being the enforceable document. Wick made a motion authorize the Mayor and Administrator to execute the Ordinance Amendment establishing a Code of Conduct for City Officials, cause the same to be published and become effective upon publication; and authorize the Mayor and Administrator to execute the Resolution adopting the statement of values to be implemented upon publication of the Ordinance entitled Code of Conduct. The motion was seconded by Loso. Discussion: Rassier stated that he would rather see this as a policy that is part of the employee handbook rather than a separate ordinance. Frank believes that this process is moving too fast. He stated that he is familiar with code of ethics and they are nice value statements; however, he questioned how they will hold board members accountable to those things. As a Council Person, the biggest check is that citizens will not vote for them and for others if they are not acting in manners as identified in the value statements. It was stated that the League is recommending both documents. Wick stated that these are value statements and members need to realize that what they do has consequences. Frank stated that he has many questions regarding the value statements and would request that this matter be discussed when the City Attorney is present. Wick made a motion to table the discussion regarding code of conduct until the first meeting in March. The motion was seconded by Frank. Discussion: Weyrens was advised to contact both the League and the Attorney and have more information available at the Council Workshop. The motion passed unanimously. Central MN Federal Credit ( CMFCU) Union Building: Weyrens advised the Council that the CMFCU will be looking to put their building on the market very soon and she questioned if the City Council is interesting in pursuing the purchase of the property prior to the listing with a realtor. If the City is looking to stay located in its current location long term, this makes sense to secure the whole quarter of the block. Weyrens stated that she spoke with SEH regarding fees to look at the site. It is estimated that to review the site for the purpose of moving one function, the cost would be between $2,000 and $2,500. To review the site for future uses, the estimated cost would be approximately $10,000. Wick questioned if there are any funds available for facility planning to which he was advised there are. He added that he believes City Hall should remain downtown. By purchasing the building, the City would have more space and it could be used as is without a lot of remodeling. Weyrens advised the Council that the current structure is structurally sound enough for a 3'd story. Loso stated that when the Council originally looked to purchase the current building, there was talk of purchasing the entire quarter of the block including the credit union when it went up for sale. It was suggested that a committee be set up to review the options. Frank volunteered to be on the committee with Weyrens. January 7, 2010 Page 6 of 6 Torte Limits /Insurance: Weyrens advised the Council that annually the City must determine if the City waives the Statutory Limits as it relates to liability claims. The tort limits establish the maximum amount that an individual can try and recover through a liability claim. If the City does not waive the rights, the maximum an individual can recover from a single incident is $ 300,000 or $ 1,200,000 for all claimants of a same incident. If the City waives the monetary limits on tort liability, the maximum recovery an individual can claim is $ 1,200,000 per single occurrence. Simply put, this provision limits the amount the City can be sued for a single event. Waiving the monetary limits would add additional premium an allow individuals to sue for a larger amount. Loso made a motion to authorize the administrator to sign the Waiver Form indicating that the City does not waive the monetary tort limits. The motion was seconded by Wick and passed unanimously. Adjourn: Symanietz made a motion to adjourn at 8:05PM; seconded by Wick and passed unanimously. J dy ey ns dm' istrator