HomeMy WebLinkAbout2009 [11] Nov 05November 5, 2009
Page 1 of 7
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, November 5, 2009 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, Police Chief
Pete Jansky, Public Works Director Terry Thene
Others Present: Courteney Ellison, Stephanie Drellack, Margy Hughes, Monte Eastvold.
Public Comments: No one present wished to speak.
Approval of the Agenda: Symanietz made a motion to approve the agenda with the following
changes:
8b Financing Alternatives — to be discussed prior to item 5
4a/b Frank clarified the following: [p3 of 4] "...rates are lower when the City provides
the service." He stated that he meant that it is cheaper when the city has one
provider providing the service. Frank then questioned the $7.00 charge for AARP
cookies. Weyrens stated that the City collected the fees for the AARP class and an
additional $3 was added to the cost to pay for refreshments. She assured the
Council that taxpayer money was not used to fund the AARP class. Frank then
questioned the bills for Verizon Wireless. He was advised that Verizon is the
provider for the City's cell phones. He advised staff that they are not always the
cheapest provider.
The motion was seconded by Wick and passed unanimously.
Consent Agenda: Symanietz made a motion to approve the consent agenda as follows:
a. Minutes — Approve the City Council minutes of October 15, 2009.
b. Bills Payable — Approve check numbers 042119 - 042176 and EFT numbers 000335 - 000340
and 000473.
The motion was seconded by Wick and passed unanimously.
Financing Alternatives —16th Avenue Improvement Project: Monte Eastvold approached the Council, on
behalf of Northland Securities, to present the Council with financing alternatives that are available for the
proposed 16th Avenue Improvements. He stated that there are three financing methods available.
1. Chapter 429 Standard Improvement Bond — With this type of bond, the City must assess a
minimum 20% to the benefiting property owner(s).
2. Chapter 475 Street Reconstruction Bond — With this type of bond, the City does not need to meet
a minimum percentage for assessments.
3. Build America Bonds [BAB] — This is a new program available under the Federal Stimulus
Program that rebates a portion of the interest. Eastvold stated that several cities have used this
type of bond.
According to Eastvold, the tax levy impact for existing bonds is decreasing and this project will fit into the
City's Tax Levy. He provided the Council with some estimated tax levies based on each of the three
financing options. Using the current assessment policy of 40% being assessed, the average annual tax
levy could range from approximately $23 — $37 over a 15 year term.
Eastvold added that, over the past couple of weeks, the BAB has been very attractive due to the interest
rates. Loso questioned what pushes interest rates to which Eastvold responded that the economy in
general affects the rates. Weyrens questioned Eastvold as to whether or not the City can assess property
owners if the BAB is used to finance the project. He advised the Council that they can assess the
November 5, 2009
Page 2 of 7
property owners using the BAB, similar to the Ch 429 and Ch 475 bonds. The Council questioned Sabart
on the number of reconstruction projects that are scheduled in the City over the next five years. Sabart
responded that the majority of Capital Improvement Projects relate to utilities. However, the Park
Terrace and Clinton Village areas have been identified as potential reconstructions.
Eastvold clarified that regardless of financing mechanism used, a public hearing will be required. If
Capital Improvement Bonds are issued, the City Council would then need to adopt the project followed by
a 30 day wait period before the issuance of the bonds. Weyrens questioned the timeframe between the
public hearing and the issuance of the bonds. Eastvold advised Weyrens that the public hearing could be
held now.
Frank questioned whether the interest rate is the same for all of the bond options and whether or not a
BAB can be refinanced. Sabart questioned if there are any constructional requirements. Eastvold
responded that the City would have to comply with the Davis Bacon Act (prevailing wages). According to
Sabart, there are several contractors that pay a prevailing wage for all projects, but some contractors will
be eliminated. Wick stated that the BAB program will expire in 2010. Eastvold added that the approval
process is at the local level and the bond must be issued by the end of 2010.
Loso questioned Sabart as to the bidding climate. Sabart replied that, although the bidding climate has
been favorable much of the year, it would be best to bid the project no later than April. He advised the
Council that they may see more bidders than they have on previous projects. If the project is to be
completed he would recommend commencing construction in May or June, with bids being accepted as
late as March and as early as January or February.
Wick stated that, in the past, the City has had costs prior to holding the public hearing and if it is the intent
to schedule a neighborhood meeting the most likely question is how much will be assessed. Weyrens
stated that in the past the City has held an information meeting to meet with the affected residents to
learn more about the project area. The feasibility report prepared does indicate a proposed front foot cost
for both a rural and urban street section. The information contained in the feasibility report is the basis for
the public improvement hearing. Sabart stated that one of the hurdles is having the survey information
for design and it is difficult to design the roadway when there is snow on the ground as there are
obstacles that cannot be seen. According to Sabart, the drilling for soil can be done regardless of the
snow.
There were some questions as to the costs of conducting the neighborhood meetings and completing the
survey work, in the event that the Council chooses not to complete the project. Without have prepared a
scope of work and associated costs, Sabart estimated the following costs: $10,000 for survey time, $5-
6,000 for soil borings and less than $2,000 for staff time to prepare the presentation for the Public
Hearing. Loso questioned the possibility of using surveys from the past. Sabart replied that relying on
past survey does add a higher risk and he would not want to design a project without knowing the exact
field constraints /conditions. He added that he does not know the condition of past studies or the
availability of such. Rassier added that the studies are different for street projects vs. utility projects. If
new surveys are not completed, he then questioned how the Council can determine whether the project
should be done. It was stated that a meeting with the residents can be done prior to having numbers;
however, if there are no numbers available, residents have nothing to base their decision on.
Frank stated that he would like to know how the residents will be affected, what the bottom line is and
how much it will cost. He questioned the assessment rate as well. Weyrens stated that she has received
calls in the office and she has been telling the residents that the Council is still talking about the different
alternatives. She added that she has also been explaining past procedures to the residents. Weyrens
agreed that residents need to know the bottom line. According to Weyrens, the City Engineer would like
to hold a neighborhood meeting to find out if there are any other issues that are of concern and find out a
little more about the history of the street. Rassier stated that the repairs are needed and the residents
know it. He added that there may have to be some decision made on how this will be assessed. Rassier
and Wick stated that they are in favor of a meeting. Weyrens asked the Council to consider a meeting at
which Sabart would give a brief presentation and then answer any questions. Meetings with the individual
November 5, 2009
Page 3 of 7
property owners will be held once the survey has been completed. According to Loso, this is a straight
forward project and he suggested that the City review the assessment policy to see if a new rate can be
implemented that will work for both the residents and the City. Rassier agreed that a decision must be
made on how the assessments will work. He added that the first step is to have a meeting with the
residents. The Council requested the City Engineer and Administrator schedule and conduct the
neighborhood meetings.
APO TAC Meeting Update: Sabart advised the Council that the APO TAC met on October 8 and October
12. One of the items discussed was the 20 year State Transportation Policy Plan which was presented by
a representative from Mn /DOT. This plan reviews the State's vision for transportation in Minnesota as well
as looks at the opportunities, challenges and strategies that they foresee for the next twenty years. Each
MN District is to prepare a 20 year investment plan. He added that the APO has budgeted for 500 hours
of APO Staff time to assist member cities with planning issues. Those hours must only be used by a
community for local planning and must be directed towards more regionally specific projects. Frank
questioned how that will benefit the City of St. Joseph. According to Sabart, it will not benefit the City
directly. This is a new program and one of the tasks is to develop an inventory for sidewalks and trails
within the area cities.
Sabart stated that, at the last two meetings, they continued their discussion of the 2035 St. Cloud
Metropolitan Transportation Plan to determine how the federal dollars would be allocated for federal
projects. The recommendation is a 50/50 split between expansion projects and preservation projects with
10% of the preservation funds being used for multi -model projects. The APO has been working to find a
way to prioritize those projects. They need to find some kind of scoring /ranking mechanism to allow for
equitable prioritization of the projects.
Loso stated that there are $65 billion in project costs; however, there are only $15 billion in available
funds. Rassier advised the Council that, for the first time, the Transportation Plan and the Minnesota
Alliance Transportation Plan are now building in inflation. This has changed the scope of the project lists.
He added that the bridge over Hastings has an estimated price tag at $265 million. That is only one
bridge to be constructed out of all the funds that the entire state has to share. He also added that there
are only 5 projects for District 3. According to Rassier, equity across the board is just not there and he is
not sure how to bring it back into perspective. Frank made reference to the road near Menards and
referred to it as a road to nowhere.
MAYOR REPORTS
16th Annual Transportation Alliance: Rassier reported that he attended the annual Transportation Alliance
meeting and referred to it as disappointing. The first two seminars that he attended were focused on
budgets and what types of funds will be spent out of state and throughout the Metro area. He found those
numbers to be very disappointing. Rassier stated that we need to talk to our legislatures to get them to
work for us too.
Council Opportunities: Rassier stated that recently received a thank you card from Kennedy School for a
recent visit he made where he read to the students. He advised the local schools and organizations to
contact the City if they would like any of the Council Members to come and speak to them. Rassier then
thanked the City for giving him the ability to do this type of outreach.
COUNCIL REPORTS
SYMANIETZ
APO: Symanietz stated that she attended the APO meeting as well; however, that was previously
discussed by Sabart.
LMC Planning Committee: Symanietz reported that she attended the League Planning Committee
meeting at which they kicked off the planning for this year's conference which will be held in St. Cloud.
November 5, 2009
Page 4 of 7
They began by discussing ideas for topics. They will be focused on budgets and financing. She will get
the dates of the Conference to the Council.
WICK — No Report
LOSO
Fire Board Meeting: Loso reported that he attended the recent Fire Board meeting at which they
discussed the following:
• Burning Permits — Loso stated that effective October 1, 2009 all burning permits will be issued
online through the DNR. Weyrens clarified that residents cannot burn within the City; therefore,
this only applies to the Townships.
• EMT Refresher — The Fire Board approved the reimbursement for one firefighter of up to $340 for
the EMT refresher course.
• Election of Officers — Loso stated that the Fire Board is recommending that the Council approve
the following officers:
• Captains [2 year term] — Ken Jacobson & Mark Winter
• Captain [1 year term] — Dave Salzer
• Assistant Chief [2 year term] — Justin Honer
Symanietz made a motion to approve the officers as recommended by the Fire Board. The motion
was seconded by Wick and passed unanimously.
• Bylaws — Loso advised the Council that the Fire Chief, along with the Assistant Chief and a
committee, will be working to rewrite the bylaws for new members and advanced training. He
stated that a firefighter is as much of an investment for the City as a police officer.
Loso thanked the Fire Chief for all his work and stated that he is an easy person to work with. He has an
open mind and the ability to work with all entities.
FRANK
St. Cloud Area Joint Planning District Board: Frank stated that he attended the meeting of the St. Cloud
Area Joint Planning District Board at which they discussed two items:
1. The Joint Planning Board is working on updating the St. Cloud Metropolitan Area Sustainability
Plan, which includes three phases. Phase One is the update of the Area Visions and Goals and
is anticipated to cost $ 55,000. As of this time, $ approximately $ 40,000 in funding has been
pledged including Stearns /Benton County, St. Cloud State University and Stearns Electric
Association. The Board will be seeking proposals from consulting firms.
2. Upper Mississippi River Corridor — They began looking at the economic, cultural and
environmental impacts on the River. He stated that most cities turned their backs on rivers and
cities that have rivers flowing through them find that they are a tremendous asset and there are
better things to use rivers for than packing plants. All of the area cities have a stake in the
Mississippi River.
Refuse Trucks: Frank reported that if we accept the data from the MN Pollution Control Agency and the
University of Michigan, one garbage truck is equal to approximately 11 -1200 trucks. Frank then
questioned if when traffic counts /studies are completed, are the large commercial trucks included in the
count. Sabart concurred that large commercial trucks can have an impact on streets and when looking at
road projections, a percentage of commercial traffic is included. They tend to work with a general
percentage of classes of vehicles. It was said that rental units tend to generate more waste and more
trips. One thing that the City has done to help with the impact to the roads was to contract with one refuse
hauler to limit the damaging effects on our roads.
Sales Tax: Frank clarified that the City has not yet made any determination on the allocation of the Sales
Tax; rather they have only accepted the report of the Sales Tax Committee.
November 5, 2009
Page 5 of 7
Representative Hosch: Frank questioned whether Rep. Hosch will be coming to speak to the Council to
which Weyrens stated she is working on arranging that.
Graceview Apartment Project: Frank stated that as the City looks at future development, they should look
out the window to see the concerns of residents.
POLICE CHIEF REPORTS
Civil Defense Siren: Jansky reported that the civil defense siren on the south side of town is down due to
some electrical issues. He added that Public Works Department is in the process of repairing the siren
and it should be operational next week.
PUBLIC WORKS DIRECTOR REPORTS
Compost: Thene stated that the Compost is now closed on Fridays due to daylight savings time. It will be
open on Wednesday and Saturday. He urged residents to try to wrap things up. He added that he will try
to keep it open as long as possible.
Parks: Thene advised the Council that the public works staff is working to get the equipment taken down
at Centennial Park prior to the frost setting.
Snow Removal: Rassier advised residents that the Parking Ordinance took effect on the first of the
month. It is important for residents to following the ordinance to help with snow removal.
Crosswalks: Although he understands that not all of the crosswalks were painted this year, Frank stated
that he is concerned that some of those that were done are already washing away. According to Thene,
the wet weather has had an impact on those crosswalks.
ADMINISTRATOR REPORTS
Parking Ordinance: Weyrens stated that staff was asked to look at the parking ordinance relating to the
24 hour parking, parking on lawns and seasonal parking.
24 hour parking — Weyrens reported that during staff discussion, the staff was indifferent as to the
consecutive hours that a vehicle could be parked, whether it be 24 or 72 hours. In checking with
the area Cities, three allow continuous parking for 72 hours and one is 24 hours. Jansky stated
the Council must decide how many hours they want to allow residents to park on the streets.
Thene stated that he is in agreement with Jansky. It does not matter to either of them which way
the Council goes.
Rassier suggested changing the 24 hour parking to 72 hours. Wick stated he could go either way.
The way in which the current ordinance is written, it states that when the vehicle is moved, it must
be moved a full block. Wick questioned whether or not residents are expected to move a full block
each time their vehicle is moved. Weyrens stated that that provision was intended for those
vehicles that do move for a continuous 24 hours. She advised the Council that there were no real
complaints regarding the 24 hour parking until last fall. In his opinion, the Police use some
common sense and discretion when enforcing the ordinances. Frank then questioned whether the
City should differentiate between passenger vehicles (cars /pickups) and larger vehicles. Jansky
advised Frank that there are different ordinances for larger vehicles such as trucks, semi trailers,
etc. Wick questioned whether or not a public hearing would be required for such an amendment.
Weyrens stated that this is not a zoning ordinance; thus a public hearing is not required. The City
is required to publish the change once it is approved.
The Council came to consensus to make the following change to Ordinance 84.03 Subd. 2:
November 5, 2009
Page 6 of 7
"No vehicle shall in any case be parked upon the street, boulevard, or ally in any one place for a
longer continuous period of twenty fGuF "^` seventy -two (72) hours."
Parking on lawns — Weyrens stated the staff also discussed parking on front lawns and if the
Ordinance should allow parking or the construction of parking pads in the front yard. There is a
reasonable expectation when moving into a neighborhood that front lawns are maintained. In an
effort to reach a compromise, staff discussed amending the Ordinance to regulate a percentage
of front lawn that must be landscaped and to establish parking pad standards. The standards are
important so that the pads are constructed so that weeds do not grow amongst the parking pad
material.
Frank stated that those who live in an R1 neighborhood expect a certain quality of life. Parking on
the front lawn can have a negative impact on the neighborhood. He stated that he would like to
see standards as to what constitutes a hard surface. Rassier suggested that this be sent to the
Planning Commission to see what percentage of a yard can be used for parking and what
constitutes parking. Symanietz commented that some residents have gravel driveways. Rassier
restated that it would be best to have the Planning Commission discuss this and focus on the
front yards. Loso stated that many residents have been parking in their back yards for years. The
issue of not parking on the grass was due to the number of rental units. The parking issue has
now gotten out of hand due to enforcement and non - enforcement. The biggest issue is that of
parking on the front lawns and Rassier stated that all property owners should be treated the same
whether it is a rental unit or a private residence.
Seasonal Parking — Staff is recommending that the seasonal parking remain as be kept as is.
According to Loso, this is a conflict of the convenience of the City vs. the convenience of the
public. He stated that a majority of the snowplowing is done during the day and, in his opinion,
this is a big inconvenience to the residents. The City needs to make the rules a little more
convenient for the residents. Loso added that the current restrictions were put into place when
snow fall was abundant. Due to the new equipment and technology, this is no longer an
emergency. He feels that this should be changed; however, this is not the time to change it since
the winter parking restrictions have already went into effect. Frank added that, in his opinion, this
is a rather clean ordinance. Symanietz stated that staff needs that time to clear the streets. Wick
and Symanietz agreed that the Ordinance should be left as is. Wick advised residents that if there
is a need to leave a car parked on the street overnight, they should contact the police
department. If there is no snow, there shouldn't be any issues.
2009 Audit Services: Weyrens stated that staff is looking for approval to hire KDV to perform the 2009
Audit for the City.
Loso made a motion to authorize the Administrator to execute the engagement letter between the
City of St. Joseph and KDV for audit services for the financial year 2009. The motion was
seconded by Frank.
Discussion: Symanietz advised the Council that she would not be voting on this issue as she
worked for Larson Allen in the past. Frank stated that they are not switching auditors because
one did a bad job, rather the Council felt that one did a more complete job.
Ayes: Rassier, Wick, Frank, Loso
Nays: None Abstain: Symanietz Motion Carried 4:0:1
Northstar Commuter Rail: Weyrens stated that the St. Cloud Chamber is requesting that the area cities
support the long term expansion of the Northstar Commuter Rail by executing a letter of support.
Loso made a motion to authorize the Mayor to execute the letter of support for the expansion of
the Northstar Commuter Rail. The motion was seconded by Symanietz and passed unanimously.
November 5, 2009
Page 7 of 7
EDA Services: Weyrens stated that previously the Council has agreed to create a job description for a
part time EDA Staff Person who would focus on marketing. Since the City does not have a job
description for this position, Weyrens recommended the Council authorize the St. Joseph EDA to prepare
a job description and direct the hiring process with recommending the final two candidates for the Council
to consider. Weyrens asked the Council about allocating some funds for an EDA budget for marketing
materials. The City has some materials, but they are outdated. If it is the Council's decision that that
person be active in marketing, he /she will need materials. Loso questioned what the cost would be.
Weyrens stated that the estimated cost of the marketing materials and hiring would be approximately $4-
7,000. She added that this will be discussed at the next EDA meeting. The Council came to consensus to
allocate a budget for the EDA.
Adjourn: Symanietz made a motion to adjourn at 8:30 PM; seconded by Wick and passed unanimously.
J dy eyrens
A nistrator