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HomeMy WebLinkAbout2009 [11] Nov 19November 19, 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 19, 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: Audrey Heinen Public Comments: No one present wished to speak. Approval of the Agenda: Loso made a motion to approve the agenda as presented; seconded by Symanietz and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda with clarification to item c. The motion was seconded by Frank. Discussion: Loso questioned the following items shown on the Council Month End Expenditure Summary for the General Fund: • Planning & Zoning: Weyrens stated that this item was added to the budget as the City planned to hire a Community Development Director in 2009. • Police Training: Frank questioned why there was so many additional funds left for Police Training. Jansky responded that their department simply didn't do as much training. • Automotive Services: When questioned why Automotive Services had such a surplus, he was advised that they estimated the fuel costs and fuel costs have since gone down. • Park Areas: Thene stated that there are still additional funds in this account since there has not been any summer help. • Other Financing Issues: Bartlett stated that these funds will be transferred to the EDA as they are used. Loso then questioned the Council Month End Revenue Summary for the General Fund relating to the following: • Administration Reimbursement: Weyrens explained that this will be received through a transfer from the Fire Fund at the end of the year. The amount is calculated to b e 5% of the Fire Expenditures, less capital equipment. • Contributions — Health Insurance: Weyrens advised the Council that these funds will be received through stocks and are received at the end of the year. The motion passed unanimously. Noise Violation, 504 Minnesota Street E: Weyrens reported that the Police Department responded to a noise complaint on October 30, 2009 at 504 Minnesota Street East. The property is owned by Audrey Heinen. In responding to the noise complaint the St. Joseph Police Department along with assistance from Stearns County Deputies and Waite Park Police Officers issued over 50 citations for minor consumption. Weyrens stated that; in the past, the City Council has established a policy whereby all noise violations regarding rental properties are reviewed by the City Council. The process is twofold. 1. The Council must determine if a noise violation did occur. 2. Once a determination has been made that a violation did occur, the Council must then consider the disposition. Weyrens stated that the property owner was notified of the complaint and they are not disputing that a violation did occur. November 19, 2009 Page 2 of 7 Loso made a motion determining that a noise violation did occur at 504 Minnesota Street E on October 30, 2009. The motion was seconded by Wick and passed unanimously. Loso then questioned whether there is a matrix set up for such violations. Weyrens stated that there is no matrix; however, the minimum fine is $250. She added that the Council chose not to have a matrix in place as each situation is different. If it is a minor incident, the Council may choose to impose a fine to cover staff time. If there is a lot of staff time involved, the Council may look at it a little different. According to Frank, $250 will not cover the staff time for the two officers as well as the assisting departments and the paperwork involved. There were a lot of hours and a lot of personnel involved in this situation. Symanietz questioned whether or not this was their first offense, which she was advised that it was. Loso asked to hear from the property owner. Audrey Heinen approached the Council and stated that she is the property owner of 504 Minnesota Street E. She stated that there were some questions as to why the names on the lease did not match the tenants in the house. In response to that question, she stated that the names on the lease were those who were living there in July. Their lease expired in August and new students moved in September. Those same students plan to be there for two years. She stated that she spoke to the tenants and advised them how much this was costing her. The tenants have prepared letters of apology for the Council and they have been placed on notice that another violation would result in eviction. Based on the fact that there were 50+ citations issued, Wick questioned Jansky as to whether or not they were cited for a disorderly house. Jansky replied that under the current Ordinance, they would not be able to cite them for a disorderly house unless they were able to prove that they were selling alcohol. Jansky advised the Council that the tenants were cooperative and added that they were only cited for a noise violation. Loso stated that it seems as if it were a small party that just got too big and eventually ended up getting out of hand. Rassier stated that they have already agreed that a violation did occur and asked that the Council determine what the fine should be. The Ordinance states that the fine should be enough to cover personnel costs and he cannot believe that $250 would cover staff time. Jansky stated that there were two officers on duty, reserve officers, office time, mutual aid from Waite Park and Stearns County. It was stated that the tenants are required to pay a fine as well in the amount of $100 each. The individual citations that were issued that night were separate from the noise violation. The citations for underage consumption are $150 each. Based on the fines levied that night, it was stated that staff time was taken care of. Wick made a motion to fine the property owner $250 for the noise violation at 504 Minnesota Street E. The motion was seconded by Symanietz. Discussion: Frank stated that by using administrative fines, students have the perception that it is okay to drink as a minor. He read the recent article in the newspaper and it stated that up to three citations, students have nothing to worry about. Jansky advised Frank that these citations will remain on their record and anyone doing a background check will be able to view the citation. Ayes: Rassier, Wick, Symanietz, Loso Nays: Frank Motion Carried 4:1:0 FINANCE REPORTS Enterprise Fund Budget: Weyrens stated that the Finance Director along with the Public Works Director have prepared a draft Enterprise Fund Budget Budget. With the General and Enterprise budgets in draft format a draft fee schedule has been prepared as well. After the Council approves a draft budget, a final fee schedule will be prepared and a public hearing will be scheduled. The majority of the changes on the fee schedule are utility rates, park/fire hall rental fees and liquor license fees. November 19, 2009 Page 3 of 7 Bartlett stated that the Enterprise Funds consist of Water, Wastewater, Refuse and Recycling and Stormwater. The fees that are being charged should be enough to cover the costs plus depreciation. Increases in utility rates are based on the following: • The debt associated with the Water Filtration Plant were anticipated to be covered with water access fees (WAC); however, there has not been a lot of growth lately. A small portion of the rates include setting aside funds to compensate for the lack of growth. This will be reviewed annually to assure that the rates are not overfunding the debt. • Unexpected interceptor costs with the City of St. Cloud. The City has been planning for the wastewater plan expansion and parkwood lift station improvement as they were planned. However, recent interceptor failures have created a large expense not only for St. Joseph, but all users of the St. Cloud Wastewater System. Loso questioned why each fund has a separate department assigned to it. Bartlett replied that the City uses Fund Accounting which is a Governmental Terminology. Wick questioned the account coded "Rate Class One ". Bartlett stated that it is a general rate and that rate has not yet been approved. With the Stormwater Utility, the interest is going up. In the Water Fund, the interest is going down. There were questions as to why both are not earning the same rate of interest. Weyrens stated that interest is allocated based on the cash balance at the end of each month. The Council also questioned the following components of the Enterprise Budget since there were some discrepancies between the summary and the detailed information provided. • Main Lift Station — Operating Supplies: The 2010 Budget amount shows $58,000; however, it has been operating at about $1,000 per year. Thene stated that the Hydrogen Sulfide Gas is eating at the interceptors and so they are now looking for other options. • Administration and General - Motor Fuel: Last year, it was budgeted at $6,000; however, the 2010 budget shows $0. • Stormwater Maintenance — Maintenance Reimbursement: The Council questioned the proposed $14,000 reimbursement. Bartlett stated that this is an annual transfer from the general fund to the Stormwater fund to cover the costs when street sweeping as this is done to help maintain the storm sewers. • Stormwater Maintenance — Improvements Other than Buildings: It was questioned why this was not included in the CIP Budget Summary. • Stormwater Maintenance — Other Equipment: Bartlett stated that most of the items fall under the Storm Water Management Plan; however, the $4,000 will fall under the capital improvement plan. Frank stated that all of the Council Members should have received the email from Mike McDonald regarding the budget. He asked Staff to respond to his concerns. Bartlett stated that with respect to wages, they are allocated between the general fund and the enterprise funds. The City has followed the same allocation over the past few years and that allocation is based upon job descriptions. She added that the Compost Permit revenue is also included in that fund. Ideally, the rates should cover those costs. The department code labeled "Administration and General' is made up of primarily indirect costs. Weyrens added that this type of coding is due to new accounting standard GASB34. The City is required to break the costs down by function. There were some questions relating to the shifting of funds. Weyrens stated that there are no new shifts nor are there shifts between the general fund and the enterprise funds. She stated that, regardless, there must be an increase in fees as the City has no choice in the St. Cloud projects. The question arose as to whether or not this is a best guess scenario since labor costs have not yet been determined. Weyrens stated that the Council gave the negotiating committee parameters. Ideally, she added that they would like to have the labor negotiations done prior to finalizing the budget. The Council questioned whether or not staff sees any immediate increases in Water and Sewer. Weyrens stated that both the water and sewer rates will increase to help cover the costs. Based on the proposed rate schedule that will be brought back for Council approval, residents will see an approximate increase of about $5 per month. Loso questioned how far staff is projecting out which Bartlett replied that she is November 19, 2009 Page 4 of 7 working on a 10 -year plan and will be updating the numbers based on the issues that come up. Frank stated that there were some unexpected breaks at the St. Cloud Treatment Plant. It was stated that the bids for the new plan came in lower. SCAWAC will be meeting to discuss a possible change order and determine whether or not to move forward with the project. This will then be brought back to the Cities for approval once it has been approved by SCAWAC. Wick questioned the possible change order as the project has not yet started. Weyrens clarified that they are are looking to possibly add a generator which was not originally part of the project costs. Frank questioned the impact of the CSB sewer issue. Bartlett stated that she used the current rates when working on the budget. During Council and Staff discussion, it was noted that there were several times where the Capital Summary did not match the Fund Detail. The Council questioned the following relating items relating to the Proposed CIP Budget: • Hydrants [$5,000] — Thene stated that those have been taken care of and the old hydrants are going to stay as they were able to retrofit the nozzles. • Locator Mapping Software [$1,200] — Thene added that this is not needed as the State of Minnesota has made a deal and the City is able to get that service for free. • Sewer Lining [$20,000] — Rassier stated that there are only two areas where this could be done. Thene added that some of the pipes are still made of clay tile. The question arose about the sewer lining as to why it would be done if those projects are part of the master plan. Frank stated that sometimes a pipe may need repairing and he does not see a reason to replace the road if it is not needed. He stated that the pipes should not be a reason for road improvements and it would be better to do minimal repairs as some residents cannot afford $20,000. Now is not the ideal time to complete large projects; however, the economy may not get much better over the next couple of years. • Lift Station Controls — Sabart advised the Council that the controls at the lift station are approaching 20 years and there is concern about failure of the system. Regarding the fee schedule and rental license fees, Frank reported that he has heard concerns from a fair amount of people regarding the renting of homes to those other than CSB /SJU students. Many are worried that we may get the wrong kind of people into St. Joseph. To help alleviate those concerns, Frank stated that he did some checking and it appears that St. Joseph is the only city that does not conduct background checks or utilize the police program entitled Multi -free Crime Housing. As he said in the past, he would rather look at the positive things rather than the negative. Frank added that he is under the understanding that staff has previously looked into this. Rassier suggested that this be added to a future agenda for discussion purposes. Weyrens stated that if the Council is inclined to increase the Liquor License fees, a thirty day notice to license holders must be provided. Therefore, if the Council conducts the public hearing for the fee schedule in December, the liquor fees must be considered at a later time to meet the statutory notification requirements. CITY ENGINEER REPORT 16th Avenue SE Project Update: Sabart stated that, on Monday, staff conducted a meeting with the residents of the proposed 16,n Avenue SE project. The purpose of the meeting was to provide preliminary information and gain comments from the residents impacted by the proposed project. Generally speaking, the main question was whether or not there are other alternatives that the City may consider. When staff began looking at this as a potential project, it was looked at as a rural road and it has progressed to an urban section. They questioned whether the City would consider reclamation of the base. According to Sabart, there is no soil boring information available at this time. The residents have also come to a consensus that the deterioration of the pavement is due to development, increase in commercial traffic and agricultural activities. A few of the residents stated that the road had served their needs for a period of time. He added that there was some discussion about how the costs will be borne for the residents given the traffic from the township and the neighboring developments. There was some concern as to whether or not this is the right time for this project due to November 19, 2009 Page 5 of 7 the proposed cost and the state of the economy and the ability to pay special assessments. Another issue that was raised by several residents was drainage. Sabart stated that in order to determine if the road can be reclaimed, soil borings must be completed to determine the quality of the base. They also discussed the possibility of leaving the road as a 22' wide rural section. He questioned whether or not that meets the Council's expectations. Sabart stated that this project is unique in that is strictly a street and drainage project rather than a utility project. Loso made a motion to move forward with the project by ordering soil borings and geotechnical surveys along with sending a letter to residents notifying them that the work is being done for fact finding purposes only and the Council will make a determination on the viability of the project after the soil borings are completed. The motion was seconded by Frank. Discussion: Sabart stated that they are not limiting the project to two options; rather they are looking to do the soil borings to determine if there is another option. It is anticipated that the soil borings will cost $ 6,000. Weyrens advised the Council that those costs would need to be added to the project costs; however, the City can choose not to assess them. Weyrens also added that they are not yet designing the project for bidding. Sabart stated that they would like to collect the survey data prior to the snow falling. Loso stated that, in his opinion, the project will go forward. Previously, they discussed combining this project with another project; however, the proposed 16th Avenue Project could not be combined with the Park Terrace Project as different types of contractors would bid the project. The motion passed unanimously. MAYOR REPORTS Northstar Link: Rassier provided Weyrens with a pamphlet showing the schedule and fare information for the Northstar Link. He added that the information is also available online. APO Executive Board: Rassier reported that the APO Executive Board met and he stated that there is not a lot of business to discuss. They briefly talked about the new building and where it is located. He advised the Council that the Full Board has been cancelled for November and December. COUNCIL REPORTS FRANK Weight Limit Violations: Frank stated that he has heard from several people that they have called in regarding vehicles and various pieces of equipment that appear to be overweight and nothing was done. Jansky reported that the City does not have the necessary equipment to determine if a piece of equipment is overweight; however, the Police Department has notified contracts when it appears they are overloaded. In addition, Jansky stated that he has worked with both Stearns County and MnDOT for active enforcement in spring and again in the summer. Jansky stated that farm machinery is exempt from weight restricts and some trucks may appear to be overweight, but they have enough axels to compensate. He assured the Council that they are watching these things. Cable Issues: Frank stated that he is still receiving complaints from residents that they are unable to hear Weyrens. He also stated that whether it is right or wrong, there are some issues relating to the charter of the cable commission and the taping of public meetings. According to Frank, all public meetings should be televised within five days. Although people may think that the meetings are boring, people do care. A lot of people cannot make the meetings, but will watch them on television, at their convenience. Rassier suggested that this be added as an agenda item for future discussion. LOSO — No Report November 19, 2009 Page 6 of 7 WICK EDA: Wick advised the Council that the EDA will be reviewing a Revolving Loan Fund Application for the Local Blend at their December meeting. They are looking to reface and tuck point the front of the building. Wick reported that there has been a request and recommendation from the EDA to take a look at moral and ethical rules for committee members. Recently, there have been a couple of members who have been facing verbal abuse based on opposition to some of their votes. This is not the first time this has happened; however, it is coming from other commission members. From a Council standpoint, he believes that this issue needs to be addressed. He stated that it is most likely covered in the Employee Handbook. Weyrens advised them that it is covered in the Employee Handbook, but there is nothing specific for Council or Board Members. The Council requested that Weyrens review this request and bring the information back to the Council at a later time. SYMANIETZ — No Report POLICE CHIEF REPORTS Metro Citizens Police Academy: Jansky reported that he attended the graduation for the Metro Citizens Police Academy. The academy allows residents to get an idea of what law enforcement is like. This was the 7'h Graduation Class and was well attended. Stand -off Situation: Jansky thanked the following entities for their help during the stand -off on Sunday Evening: • Stearns County • Waite Park • St. Cloud • CERT Teams (SWAT) All of those groups came in and did an excellent job. Although they would have liked to see the conclusion end differently, all of the officers went home safely. He also thanked St. Bens for providing bus service to evacuate the residents and a shelter area for the residents to wait until they could return home. He acknowledged that Weyrens was also present. Jansky advised the Council that they would have been called if it were necessary. He followed the chain of command. Wick questioned whether any changes need to be made to the Emergency Services Plan or whether there needs to be some additional training for the officers. Jansky responded that he will be reviewing the plan. Jansky also reported that the Fire Department was available as well and the Fire Hall was used as a command post. All of the units were staged out of the Fire Hall. Gold Cross Ambulance was also present and available to be ready at a moment notice. Crime -Free Multi Housing: Jansky stated that staff did some work on this in the past and they will bring this back to staff again for additional discussion. Monthly Report: Jansky advised the Council that the monthly Police Report will be available for the next meeting. PUBLIC WORKS DIRECTOR REPORTS Skid Loader: Thene advised the Council that they are trying out a new attachment for the skid loader so that they can do a better job on the alleys to make them smoother. Compost Area: Thene stated that the compost will be closed as of Saturday. Frank questioned whether or the compost was used more this year to which Thene replied that the weather this year has been very different and they have been trying to accommodate the residents. November 19, 2009 Page 7 of 7 ADMINISTRATOR REPORTS Joint Legislative Issues: Weyrens stated that, annually, the area Mayors and Administrators meet to draft a list of common legislative issues. Once complied, each Council reviews the draft list and the comments are then brought back to the Mayors and Administrators and a final list is ready for the December Intergovernmental Meeting which is being hosted by St. Joseph and will be attended by the local legislative representatives. Rassier clarified that some of the issues may not affect St. Joseph, but they are listed as items that we would support on behalf of the region. The following is a list of the issues that have been addressed as common issues: Local Government Aid; Levy Limits: Tax Rate Driven Levies; Market Value Homestead Credit; Tax Exempt Credit Program; State Mandate Relief; State Fee Increases; Eminent Domain; Land Use Reform & Annexation; Regional Collaboration; North Star Commuter Rail; State Airports Fund; Water Conservation Pricing Legislation; Street Improvement District Authority; Statutory Approval Timelines — 60 day Rule; Green Acres Legislation; Photo Cop; Administrative Authority They also discussed some capital investment/state bond requests for the St. Cloud Civic Center Expansion and the Expansion of Regional Parks & Trails. Frank stated that he has a problem with eminent domain when it relates to taking of private property for another private property. Rassier stated that it was generated by a new project in St. Cloud. The revised legislation has had a major financial impact in regard to legal and appraisal fees. The issue is modifying the financial impact, not the ability to take land. There was some discussion of additional language being added to Administrative Fee Authority. Weyrens stated that if there are any other concerns, they should notify her or Mayor Rassier. Mutual Aid Agreement: Weyrens stated that the City currently has mutual aid agreements for police, fire and public works. The Councils from the area cities have asked the City Administrators to look at joint ventures for the various departments within the Cities. The agreement that the Council received was drafted as a way for Cities to share resources such as administrative services and equipment. Currently the Cities of Sartell and Waite Park utilize this process for building inspection and election services. The agreement does not mandate resource sharing, rather identifies the parameters if so desired. Loso made a motion to authorize execution of the Mutual Aid Agreement between the Cities of Sartell, Waite Park, Sauk Rapids and St. Joseph for the use of various personnel and equipment. The motion was seconded by Symanietz. Wick questioned how the billing rate is determined to which Weyrens stated it was based on each City's labor rate. He stated that he was pleased to see the provision which states that if an employee from another City comes in and makes a mistake, the home City's insurance would cover it. However, he would request an indemnity clause be added. The motion passed unanimously. Adjourn: Wick made a motion to adjourn at 8:55PM; seconded by Symanietz and passed unanimously. J d Weyrens A inistrator