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HomeMy WebLinkAbout2010 [12] Dec 02December 2, 2010 Page 1 of 6 Pursuant to due call and notice thereof, the St. Joseph City Council for the City of St. Joseph met in regular session on Thursday, December 2, 2010 at TOOPM 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, and Public Works Director Terry Thene Others Present: Emily Hawkins — Gruenke. Tom Klein, Mariterese Woida, Dick Taufen, Kirby Becker, Ellen Wahlstrom, Paula Revier PUBLIC COMMENTS Ellen Wahlstrom, 409 81h Avenue SE, approached the Council to give input on the proposed Assessment Policy that has been presented. She stated that much of what the policy says is what is being done now, including that fact that some assessments are determined on a "case by case basis ". Wahlstrom questioned who wrote the policy, how it was acquired and where the content of the draft came from as there was no policy prior to this. Weyrens responded to Wahlstrom by stating that she drafted the policy. She began by researching the minutes of when the original 60/40 split was adopted and then looked at the current practices of the City as well as those of the area cities. Wahlstrom stated that she is concerned about the ability to assess properties differently using a "case by case basis ". In her opinion, this is not what the residents want. She added that they (the residents) will respond in a different manner after hearing the discussion under Administrator Reports. She concluded by reminding the Council of the Statement of Values which addresses the equity factor and stated that they need to be both consistent as well as equitable. Approval of the Agenda: Symanietz made a motion to approve the agenda with the following items pulled for discussion by Councilor Frank. 4(c) 2011 Non Union Compensation 4(e) Cable Services 4(f) Prosecution Services The motion was seconded by Frank and passed unanimously. Consent Agenda: Symanietz made a motion to approve the consent agenda as follows: a. Bills Payable — Approve check numbers 043523 - 043571 and EFT numbers 000476- 000480. b. Pay Application — Authorize the Mayor to execute Pay Application #3 for the 16th Avenue SE Improvements and authorize payment in the amount of $127,462.66 to JR Ferche. c. Removed for discussion. d. Audit Services — Authorize the execution of the engagement letter with KDV to prepare the 2010 Audit with an expenditure of $25,000. e. Removed for discussion. f. Removed for discussion. g. Liquor License — Issue Malt Liquor, Cigarette and Amusement licenses based on the attached list for the license period January 1, 2011 through December 31, 2011. The motion was seconded by Wick and passed unanimously. Public Hearing — 2011 Budget: Bartlett approached the Council to present the final 2011 Tax Levy. She began by giving an overview of the budget timeline. The process began in May with the Board of Equalization Hearing at the County, followed by a series of Council /Board budget workshops. The Council adopted the 2011 Preliminary Levy on September 2 and, in October; the County provided the 2011 December 2, 2010 Page 2 of 6 preliminary tax rate. In November, the Council held a few more budget workshops prior to adopting the Final Levy which is due to the State by December 28, 2010. Bartlett stated that when the Council began the budget process, they had several goals. They include: • Plan for 25% LGA cuts • Review fees • Review staffing levels • Review memberships • Consider collaboration with Area Cities As stated earlier, on September 2, 2010, the Council adopted the Preliminary Levy and set the general levy at $1,852,329. Once the preliminary levy is set, the final number cannot be higher than that amount. She advised residents that they should have received their property tax statements and may notice some changes to their property taxes. Those changes are due to the following factors: • Taxable market value change [each property is affected differently] • County Tax rate increased • State General Tax increased • School District Levy increased • Special Taxing District Levy increased • Preliminary City Tax Rate increased • Homestead Market Value Credit decreased Since the Preliminary Levy was adopted, there were some adjustments made based on the Council's goals for the 2011 budget process. They include: • EDA programming ($20,000) • Cable Commission ($6,310) • Building Inspector RFP ($15,000) • Prosecuting Attorney RFP ($22,000) • Health Insurance Costs ($28,595) • Full Time reduced to Half Time Police Officer ($34,635) • Reserve for future LGA cuts $105,125 • General Levy ($70,000) The proposed 2011 Final Levy shows a reduction in the General Fund Levy to $1,782,330 resulting in a reduction in the estimated tax rate to 48.442 %. The proposed budget includes an increase of $164,400. Bartlett provided the Council with an indication of how St. Joseph sits amongst the area cities and Stearns County, as a whole, with respect to its Final Tax Rate. With Sartell being at 33.13% and Waite Park being 53.96 %, St. Joseph is in the middle. Mayor Rassier opened the Public Hearing. Dick Taufen, 32 2"d Avenue NW, approached the Council and questioned how his taxes could increase even though his valuation decreased. Bartlett stated that the tax statements were prepared using the preliminary budget which is higher than that which is being proposed at this hearing. He also stated that, previously, he was a City employee and remembers when "times were tough ". He is urging the Council and staff to learn to "live within their means ". Rassier responded that a lot of time has been spent on the budget and staff has cut where they could. Taufen advised the Council that Senior Citizens are not getting a "pay raise" this year. In response, Frank stated and he and Rassier, as state employees, have not had a pay raise in two years going on three. He added that the City Employees did not get a pay raise last year. He added that there has been a decrease in the City's contribution towards health care. With respect to the purchasing of equipment, Frank stated that the staff does a good job and that they have been quite responsible by purchasing 2nd hand equipment from other cities such as Apple Valley. December 2, 2010 Page 3 of 6 Clarence Fischer, 128 6th Avenue NW, questioned the Council as to why the City Employees need a raise. Loso stated that the employees are contractual. According to Frank, other cities are offering their employees pay raises and he feels that the City needs to stay competitive to keep its employees. Wick made a motion to close the Public Hearing relating to the Final 2011 Tax Levy at 7:30PM. The motion was seconded by Symanietz and passed unanimously. Wick made a motion to authorize execution of Resolution 2010 -036, Adopting the Final 2010, Collectible 2011 Tax Levy and Approve the Final 2011 Budget. The motion was seconded by Frank. Ayes: Rassier, Wick, Symanietz, Frank Nays: Loso Motion Carried 4:1:0 Loso made a motion to adopt the proposed 2011 Fee Schedule as presented. The motion was seconded by Frank. Discussion: Bartlett provided the Council with revised utility rates. The Council previously reviewed the rates and requested that staff review the rates a second time with the intent to reduce the proposed increase. Bartlett stated that after reviewing the fees, the sewer and stormwater fees were reduced. This will result in a 6% increase to the average user and a 10% increase to the commercial user. She provided the Council with a comparison of the area utility rates. After analyzing the rates for the area cities, it seems as though St. Joseph rates are competitive with the area cities. Wick stated that he feels as though we are "front- loading" and he is unhappy with the water rates at this time. Frank stated that he would like a little more time to review the fees and see what can be done to mitigate the proposed increase. Bartlett advised the Council that the water fund increase is due to existing debt for capital improvements. At this time the City does not have the reserves left, nor do we have the connections as originally anticipated. Rassier added that the City needs to pay for the system and keep it going. The City has been working to try to increase its commercial /industrial users and that has not happened. As a result, there aren't enough businesses to offset the residential costs. Wick questioned whether or not the debt service can be satisfied without raising the water rates and whether or not there is any water reserves left to which Bartlett stated there is not. Wick stated that he would like to see the fund balance if the rates are not increased. Wick made a motion to table the approval of the 2011 Fee Schedule until the next meeting. The motion was seconded by Frank. Ayes: Wick, Symanietz, Frank, Loso Nays: Rassier Motion Carried 4:1:0 Field Street: Doug Weiszhaar approached the Council on behalf of WSB to provide an update on the Field Street Study. He reported that this project started in 2004. Over the past few years, the City has been studying various alternatives for a Collector in the Southern portion of the community. They have gone through much iteration and have finally arrived at a series of routes that will work well for the community. The study process is in the end stage and MnDot is requesting the City execute a programmatic agreement which includes the requirement for the City to prepare the inventory to register the historic properties on the federal historic registry. If it is the intent for the City to solicit federal funding for the construction of any portion of Field Street, this programmatic must be completed. It is estimated that the cost of the inventory will range between $ 40,000 and $ 50,000. Kirby Becker approached the Council as well on behalf of the APO. He stated that there may be some Federal Funds available to help fund the stipulations of the agreement. He added that the local match on any project is 20 %. December 2, 2010 Page 4 of 6 Frank clarified that the TAC has settled on a preferred route. He was advised that the preferred alternative skirts the northern edge and then goes along the other side of Lake Sarah and will be a 2 -lane road. He questioned the consequences for not buying into this at this time. Weiszhaar replied that if the City pursues the programmatic and completes the stipulations, the City would then have completed the study process, including the required environmental review and if funding were available, the City could seek federal funding. Without a completed study, the City would not be eligible to solicit federal funding for any portion of Field Street. The City could however use local funds to construct the corridor. When questioned if the City does move forward and execute programmatic how long is the environmental effective, Weiszhaar stated that an environmental document must be updated every three years. When the City is ready to construct the roadway, they would be required to do an amendment to the EIS if there are any changes in the corridor with respect to environmental effects. An amendment is not as expensive as doing the entire process all over again. Wick clarified that Field Street is not included in the current St. Cloud Area APO plan so funding is highly unlikely Becker concurred and stated that it could be placed in the plan when amended the 2040 plan is adopted. Loso made a motion to suspend the Field Street Study, documenting all the work that has been completed to date. The motion was seconded by Wick. Discussion: Loso questioned how much money has been spent to date. Weyrens replied close to $170,000 of City funds and additional $ 300,000+ in federal and state funds. Frank questioned what will happen if one of the stakeholders moves or changes. According to Weiszhaar, the current document is only accurate if the current properties remain as they currently exist. If this is picked up later on, one of the properties may no longer have historic value. He added that this process has raised the awareness of the historic significance in St. Joseph. Weyrens questioned whether stopping the process will have negative impacts with the APO. On behalf of the APO, Becker stated that it will not as the City has worked diligently to complete the project and it has come done to a financial constraint with execution of a programmatic agreement. The APO is supportive of putting closure to the study. Ayes: Wick, Symanietz, Frank, Loso Nays: Rassier Motion Carried 4:1:0 Weiszhaar thanked the City for the opportunity to work on this project over the past several years. Consent Items: Frank pulled the following items from the Consent Agenda for further discussion: c. 2011 Non Union Compensation: Frank clarified that the non union employees will receive a COLA increase with no change to the health insurance. They have agreed to the same terms as the union employees. After looking at the neighboring cities, he feels that this is reasonable. Requested Action: Accept the recommendation of the Personnel Committee for the 2011 compensation for the non union employees. e. Cable Services: Frank stated that he was unaware of the fact that the City does not have an Ordinance relating to the makeup of the Cable Commission. He clarified that the commission will consist of one person at a rate of $400 per month. Weyrens stated that the others that work in the cable booth will continue to receive $35 per occurrence. Only one commissioner is being paid a monthly salary to oversee the process. He stated that the City would like to bring in someone with unique expertise and talent. Requested Action: Appoint Brad Veenstra, Integrated Media as a Cable Commissioner and compensate $400 per month for cable services. f. Prosecution Services: Frank reported that this came up during the budget process. He questioned how this is saving money for the City. Weyrens stated that currently Rajkowski Hansmeier provides prosecution services for ordinance compliance and traffic matters. During the budget process the City of St. Cloud submitted a proposal to provide the samer service for $ 22,000 less than that of the current firm. St. Cloud can offer the service cheaper December 2, 2010 Page S of 6 as they have an attorney at the Courthouse every day and Rajkowski Hansmeier only has an attorney at the Courthouse when they are needed and the City is billed hourly as they wait for the case to be heard. St. Cloud is at the courthouse anyway so the City does not incur a cost for waiting. St. Cloud will also provide an appeal process for persons wishing to appeal an administrative citation. Currently the City does not have a process other than utilizing the court system and issuing a civil citation. Requested Action: Authorize the Mayor and Administrator to execute an agreement with the City of St. Cloud to provide prosecution services a charge of $3,000 per month. Loso made a motion to approve consent items c, a and f as presented. The motion was seconded by Frank and passed unanimously. CITY ENGINEER/PUBLIC WORKS REPORTS — No Report ADMINISTRATOR REPORTS Assessment Policy: Weyrens stated that in late October the Council was approached by a resident requesting the City adopt a formal assessment policy. The City currently has a policy based on past practice. The proposed policy is a legal document. It was questioned during open to the public that the policy allows for assessing property on a case by case basis and this does not seem equitable. Weyrens stated that most policies that she reviewed included language that allowed deviation from strict compliance to the policy and not all project are identical and it is impossible to establish a policy that address every possible situation. Weyrens stated that she did not include reference in detail of the entire 429 process. Rassier stated that with every project, we will look at how things were done in the past and make a policy that adheres to the 429 process. Frank suggested creating a policy that the average person understands. He would also like to see what other cities are doing. Loso added that he would like to see a history of how the past five or so projects were handled. Weyrens advised the Council that she will send some sample policies from other cities via email. Lot Split Request: Weyrens presented a lot split request on behalf of Thomas Schindler. The parcel is located on East Able Street and includes an overlapping legal. The lot split is to redefine the property lines and all impacted property owners have consented to the request, The lot split has been reviewed by the City Engineer for accuracy and he too is recommending approval. Loso made a motion authorizing the Mayor and the Administrator to execute the Certificate of Compliance approving the lot split request of Tom Schindler, 807 Able Street East. The motion was seconded by Symanietz and passed unanimously. Request to Vacate Public Right -of -Way: Weyrens stated that Kay's Kitchen is requesting the City consider vacating the street right -of -way in their front yard, parallel to County Road 75. The ROW was formerly Cedar Street and when the signals were installed at CR 75 and College Avenue Cedar Street was closed and should have been vacated at that time. The request for vacation is to allow for landscaping and possibly outside seating. Vacation of a public ROW does require the Council authorize a public hearing. If the ROW is vacated the City will retain an easement for the main sewer line that lies in the former ROW. Wick made a motion to authorize the Mayor and Administrator to execute Resolution 2010 -037, Initiating the Hearing process for the vacation of a portion of Cedar Street, setting the public hearing for 7:OOPM on January 6, 2011. The motion was seconded by Symanietz and passed unanimously. Orderly Annexation Area Planning Process: Weyrens reported that the cities of Waite Park and St. Joseph have been meeting regularly to re- define the process for land use matters in the Orderly Annexation area. Through this process, a joint public hearing was held with St. Joseph Township, the City December 2, 2010 Page 6 of 6 of Waite Park and the City of St. Joseph on October 4, 2010. The purpose of the hearing was to accept input on creating a new process for handling land use matters in the Orderly Annexation Area. Staff members met after the public hearing an amended the documents to reflect the changes discussed at the hearing including changing the Stearns County representation of the Joint Planning Board from a Commissioner to a staff member. The staff member will be an ex- officio member of the Board. Frank made a motion to Authorize the Mayor and Administrator to execute the Memorandum of Understanding and Orderly Annexation Agreement between the City of St. Joseph and St. Joseph Township. The motion was seconded by Symanietz and passed unanimously. POLICE CHIEF REPORTS — No Report LELS Union Negotiations: Weyrens advised the Council that she will be meeting with LELS to get their initial offer. She would like to schedule a special meeting to discuss labor strategy to which the Council agreed to meet on December 15, 2010 at 5:00 PM. Joint EDA/City Council Meeting: Weyrens stated that the EDA would like to hold a joint meeting with the City Council to discuss a business prospect. The Council agreed to meet after the EDA meeting on December 15, 2010 at approximately 4:30 PM. COUNCIL REPORTS SYMANIETZ Park Board: Symanietz reported that the Park Board met to work on the budget. They talked about the St. Joseph Historical Society. She added that one of the Board members attended the national park conference and will bring back lots of information to the board. Intergovernmental Meeting: Symanietz stated that she attended the Intergovernmental Meeting in St. Augusta at which they discussed the Sustainability Study and St. Joseph was commended for their efforts in encouraging recycling via the recycle bank program. WICK EDA Meeting: Wick reported that the EDA meeting has been changed from December 22 to December 15, 2010 at 3PM. LOSO — No Report FRANK — No Report MAYOR REPORTS Rassier stated that, due to the fact that there will be no meeting on the 16'", this will be his last meeting. Adjourn: Symanietz made a motion to adjourn; seconded by Wick and passed unanimously. C4udy We nistrator