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HomeMy WebLinkAbout2012 [05] May 17 May 17, 2012 Page 1 of 8 Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday, May 17, 2012 at 7:OOPM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors Renee Symanietz, Dale Wick, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Engineer Randy Sabart, Police Chief Pete Jansky, Maintenance Director Terry Thene, Finance Director Lori Bartlett. Others Present: Mike McDonald, Janel Bitzen, Margy Hughes, Carol Theisen, Kathryn Kraft PUBLIC COMMENTS Mike McDonald, 213 — 13th Ave. SE expressed concern about the beautification project that will be discussed at this meeting. In reviewing the material it appears as the sign will be located on private property and it seems out of place to put a Welcome to St. Joseph Sign in the middle of the City. McDonald stated in his opinion the City would be better served by using the proposed funds to update the Community sign. McDonald also questioned the comments in the 2011 Annual Audit regarding segregation of duties and questioned when staff was going to do something other than review the policies. He is asking the Council to take the comments of the Auditor seriously and make some changes to reduce the comment that appears each year. Frank stated that when he reviewed the comments he felt the auditors strengthened the language from the prior years. Approval of the Agenda: Wick made a motion to approve the agenda with the deletion of the May 3, 2012 minutes and moving the April 5 minutes to discussion after the consent agenda. The motion was seconded by Schultz. The motion was seconded by Schultz and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda as follows: a. Minutes — Approve the minutes of April 5, 2012, April 12, and April 19, 2012. b. Bills Payable — Approve check numbers 045247 - 045329, payroll EFT # 000659 - 000668 and accounts payable EFT #001571- 001573. c. Treasurer Report — Accept the April 2012 Treasurer Report as presented d. Donations — Accept the donations for the purposes stated. The motion was seconded by Wick and passed unanimously. Minutes — April 5, 2012: Frank questioned the Special Use permit for Four Square Investments and if the conditions listed in the minutes are the findings of fact for the approval. Weyrens stated that the conditions listed in the minutes will be included in the formal findings of fact which will then be recorded to the property. Frank made a motion to approve the minutes of April 5, 2012 as presented, seconded by Schultz and passed unanimously. Public Hearing — Delinquent Fees: Weyrens stated that twice per year the staff prepares a list of outstanding invoices for attachment to the property taxes. The outstanding invoices include weed cutting and miscellaneous fees. The outstanding invoice is considered an assessment, so the Council must conduct a public hearing on the final assessment roll, providing property owner the opportunity to dispute the fee. After the public hearing is closed the Council must adopt, revise or reject the assessment roll and if accepted the property owners have 30 days to pay the assessment. Any assessments not paid are certified for attachment to the property taxes, payable in 2013. The total of the final assessment role is $ 2,531 which is minimal compared to most Cites. Weyrens stated the staff is very effective in collecting outstanding invoices. Mayor Schulz opened the public hearing at 7:10 PM and with no one present wishing to speak, the hearing was closed. May 17, 2012 Page 2 of 8 Wick made the motion to authorize the Mayor and Administrator to execute resolution 2012 -009, adopting the assessment roll for outstanding invoices. The motion was seconded by Loso and passed unanimously. 2012 Audit Presentation: Janel Bitzen from KDV presented the Council with the 2011 Audit Financial Statement. Bitzen stated the purpose of the audit is to provide an opinion on the City's basic financial statements, by reporting on the results of the audit performed in accordance with Government Auditing Standards, reporting on the result of testing on Minnesota Legal Compliance and prepare a financial analysis and Findings and Management recommendations. The audit provides an unqualified opinion which is the highest opinion a City can receive. The following is a summary of the information provided by Bitzen: • Overview of the general fund operation to include budget to actual revenues and expenditures • Ending Fund Balances, and illustrations of the designated balances • Five year comparison of tax capacity, levy and tax rates. The information illustrated the steady tax rate and collections. • Review of the operation and non operation revenues and expenditures for all enterprise funds. • Discussed the depreciation covered through rates and services Frank questioned Bitzen on the question posed by McDonald during open to the public on how the City manages or does not manage segregation of duties. Loso stated that the City would have to hire four to five staff members to try and eliminate overlapping responsibilities. Bitzen stated that the comment in the management letter is consistent with 80% of the 200 communities KDV audits. The accounting standards divide task into multiple positions and the City does not have a large enough staff to create the perfect situation. The City does manage the segregation of duties by adopting polices and having the Administrator provide oversight. Even if the City hired one or two more staff, the comment would not go away, it is difficult for any small to mid -sized organization meet the pure standards. Bitzen stated that the comment is to make the Council aware of the cost and it is then up to the Council to measure the cost benefits of adding staff versus the overall need for the additional staff. Frank stated that he is not advocating to hire additional staff, but to recognize that the City has lost the equivalent of 1.5 FTE of employees over the past year, which had a role in the financial processes. He stated that the comment from the auditor regarding segregation of duties has changed this year with the language elevated slightly. Bartlett commented all the department heads have some ownership; they review and approve their invoices, ask questions throughout the year, and receive the monthly report. There are the monthly and quarterly reports to the council. We know that we have a lack of segregation and if something flags attention of the department or council we can address. Frank stated that based on the information in the audit it appears as though the City has been successful managing the services. The rates for items such as water, sewer, and refuse are competitive, and they may need to be increased. Bitzen stated that the purpose of the review of utility operations and profit and loss is not to indicate that you need to raise rates; rather, it is to make you aware of your operating expenses and revenues what portion of depreciation is being covered through rates and if that coverage meets are exceeds your policy. It goes back to how comfortable you are with the percentage of depreciation for being covered. Frank wondered if you were sitting up here and were hearing the report - what type of questions you would ask. Bitzen commented that just the fact that you are asking questions is impressive, that the Council is interested and cares about the report. She confirmed the Council is looking at the depreciation and controls and how the city is being managed. Loso commented on the GASB reporting format and that it is his opinion that this accounting standard is confusing and has not clarified the reading of municipal financial statements. Bitzen stated that she did not disagree; the purpose of the standard is to combine all types of fund activity to create on statement of position. Schultz made a motion to accept the 2011 Audit as presented; seconded by Frank and passes unanimously. May 17, 2012 Page 3 of 8 Planning Matters Interim Use Permit, Bryan Berscheid: Schultz reported that the Planning Commission conducted a public hearing to consider an Interim Use Permit for Bryan Berscheid, 1205 Cary Court to allow an owner occupied rental. The Planning Commission recommended tabling action until the next regular meeting as Berscheid does not meet the residency requirements. When questioned why the matter was being considered if the applicant did not quality, Weyrens stated that the property owner submitted an application and indicated that he resided at the property, including signing an affidavit of residency. It was after the matter was published and mailed that the staff received information that the property owner did not reside at the property. In addition, the property owner indicated that by coming back sporadically it still was his residence and requested the Planning Commission consider the action. Schultz stated the Planning Commission discussed the discussions which occurred at the Mayor's Ad Hoc Housing Committee and if a recommendation is forthcoming, action on Berscheid should wait until that time. Schultz further stated that it is clear that Berscheid is in violation of the Ordinance. Waiting an additional 30 days to take action seemed appropriate. Loso stated that he does not anticipate any change in the zoning ordinance regarding rental provisions in residential districts. Wick questioned if they only reason they did not act on the matter was because of the potential Ordinance change, what impact does that have on the enforcement of the Ordinance. Schultz responded the Planning Commission did have the discussion on the investigation of the violation and it seems they are mutually exclusive, the enforcement should continue. We would hope that we are in step with the violation. Are we setting ourselves up for the future, not sure, couldn't speculate. The Planning Commission had the right to table, nothing wrong. The reason it is on the agenda is to make the Council aware of it, you can wait or act on it today. Wick sees no reason why it was tabled. Loso stated that he is willing to act on the matter at this meeting and does not believe any Ordinance change will impact the outcome. Schultz confirmed that two of the Planning Commission members were very clear about the ordinance not being changed in time by the June meeting. Loso made the motion to deny the Interim Use Permit for Bryan Berschied, 1206 Cary Court as the applicant does not meet the criteria listed in Ordinance 52.27 for operating an owner occupied rental. Specifically, the property owner does not use the property as his primary residence. The motion was seconded by Frank. Ayes: Wick, Wick, Symanietz, Frank Nays: None Abstain: Schultz. Motion carried 4:0:1 Ordinance Update: The Planning Commission finished the draft language for Ordinance amendments relating to fences, corridor overlay district and parking pads. It is anticipated that the public hearing will be scheduled for June 4, 2012. Committee Reports Fire Board: Loso reported that the Fire Board met recently and discussed the following: 1) The new pumper truck is on schedule for delivery in August/September; 2) The Department is investigating the replacement of the emergency van as it is scheduled to be replaced in 2012. Through the budget process enough funds have been set aside to fully fund the purchase; 3) a firefighter will be leaving the department as he did not meet the response requirements; 4) The Fire Department has been unsuccessful over the past couple of years securing FEMA funding. The department would like to apply for the replacement of the oxygen tanks and have requested to utilize the services of a grant writer to strengthen the application. The Board approved the hiring of a grant writer at a fee of $ 400, which he only charges upon award. Park Board: Park Board Budget presentation and looking at the 3 phase of Northland — information will be coming in the next meeting. May 17, 2012 Page 4 of 8 City Engineer / Public Works Director Reports Sidewalk Improvement: City Engineer Randy Sabart updated the Council on the status of the sidewalk extension projects. The Council had previously authorized the design of two sections of sidewalk with one extending north on CR 2 from County Road 75 to the Wobegon Trail and the second trail north along 12 Avenue and CR 133 from Minnesota Street to the private access drive of Coborn's. CR 2 Extension: The existing sidewalk on the west side of CR 2 would be removed as it is in need of repair /replacement and new sidewalk would be constructed on the east side of CR 2 from College Avenue to Date Street. During the design and survey process it was noted that the ROW in one section does not accommodate the sidewalk and an easement from the property owner would be required before the project could move forward. Staff will continue to work on this easement matter. Once the sidewalk section reaches Date Street the sidewalk will meander through the City owned property to the Wobegon Trail. The proposed trail section on the City property will include some landscape features and trees. Loso questioned if the property owners on the west side of CR 2 have been approached about removing the sidewalk and if it would impact their business. Sabart responded that the sidewalk removal involves one business and they have not discussed this matter with them. The remaining portion of sidewalk is along the residential area. Schultz asked if we have any lighting planned as the lighting and hanging flowers would be a good transition for the trail to downtown. Loso would like to go away from the Tight posts along CR 121 and look into some type of solar lighting concept or ground solar lighting. 12 Avenue /CR 133 Extension: This section of sidewalk will extend on the east side of 12 Avenue from Minnesota Street to CR 75, continuing along CR 133 Elm Street. The segment from County Rd 75 to entrance to Coborns is estimated $30, 000 with estimate of $40,000 to extend into CentraCare as a private cost. Schultz reported that he had a discussion with Coborn's regarding a potential cost sharing venture, to which they expressed interest. Sabart stated that he and public works director Terry Thene met with representatives from Stearns County to discuss the pedestrian crossing at CR 75. The current signals only display a symbol for walk and don't walk. The County had indicated that they will upgrade the signals to add a display illustrating the time remaining to cross the road. The cost of the upgrade to the signals will be borne by Stearns County. Sabart confirmed the improvements for the McDonalds site include the construction of sidewalk adjacent to CR 133 from their property line north to Elm Street. Schultz stated that if we do not install sidewalk from County Road 133 to the private entrance drive to Coborn's, people will continue to walk on the street. Wick questioned if it is possible to curve the sidewalk into the Coborn's Development so that it would act as a deterrent from crossing at the mid - point. Schultz stated that he would support stopping the sidewalk at the private drive as even if the City extends the sidewalk to Elm Street people are not going to walk to the end of the block and then cross the street. Sabart and Weyrens confirmed that the cost could be segregated out and bid as an alternative. Schultz would like to move forward on the sidewalk and solicit bids. Sabart stated that a resolution will be brough forward at the next meeting to authorize the solicitation of bids, which will includes both sidewalk sections and the trail component. Beautification Project: Weyrens stated the City has been approached to allow baskets to be hung from the decorative light poles and to have the maintenance for the flowers completed by the maintenance staff. Margy Hughes and Carol Theisen of the St. Joseph Action Group approached the Council to discuss the proposed project. The St. Joseph Action group operates Closet to Closet and one of the goals is to use the profits of the store to enhance the downtown. One project that has already been completed is the purchase of a bike rack for downtown, which is used consistently. May 17, 2012 Page 5 of 8 Carol Theisen suggested the City considering hanging flower baskets on the light poles as is customary in other communities. She contacted the City of Redwing who has been hanging flower pots from light poles since 1989 and currently they display 300 baskets. The Action Group supports the project and is requesting to partner with the City to see the project come to fruition. Theisen stated that she has been working with Scenic Specialties as they are a local chamber member to purchase the pots and flowers. The proposal is to sell 30 baskets this year, utilizing 15 light poles (two baskets on each). The baskets will be marketed for sale to businesses and individuals. The Action Group is willing to financially support the project with the profits from Closet to Closet, but need help from the City Maintenance staff to water the flowers. According to Redwing, the plants must be watered daily. Theisen stated that she has been working with the Public Works Director, Terry Thene, who stated that they have a vehicle that can be used for watering, but does not have staff time. He suggested hiring two seasonal workers that would be reimbursed by the Action Group. She stated that Thene has also been working on finding brackets at a reasonable cost and he contacted Sunset Manufacturing who will fabricate the brackets for a total of $ 1,560, which is a fraction of the cost quoted by others. Thene stated that he estimates the total project cost to be $ 5,000 to $ 5,500 to include the brackets, seasonal help and staff time. It is estimated that two hours of staff time will be required daily and with a labor cost of approximately $ 2,500. The baskets will be displaying in the middle of June through the Millstream Arts Festival. Thene stated that the baskets will be installed and removed by Scenic Specialties to assure that they are correctly fastened. Hughes and Theisen stated that they proposed the baskets to enhance and encourage people to utilize the downtown. Hughes stated that St. Joseph does not have many vacant store fronts and enhancing the downtown will only encourage additional development. Symanietz questioned if the plants come back each year to which Hughes stated they are annuals, but the baskets will be recycled each year. Symanietz then questioned if the brackets remain on the poles during the off season and if the plants will be high enough to deter vandalism. Thene responded that he prefers the brackets are removed during the off season for longevity. With regard to the height, the plants will be hung 9.5 feet from the sidewalk. Wick confirmed the goal is to raise the money for the first year and continue the project. Hughes affirmed that the Action Group sees the project as a long term project and hopefully one that will expand. They also hope that some other group or the City will take over the project in the future. Hughes stated they are confident that they can raise the required funds and any excess funds will be dedicated for the following year. Loso made the motion to authorizing the display of flowers on the downtown light poles, with the City maintaining the flowers by hiring a seasonal worker to water the flowers daily. Authorization is based on the reimbursement of all expenses from the St. Joseph Action Group and the seasonal worker is limited to watering flowers. The motion was seconded by Symanietz. Discussion: Frank stated that he supports the flower project and believes it will enhance the downtown. He stated that the City should budget each year for the maintenance of the flowers and appreciates the collaborative efforts. Loso stated that he concurred with Frank, but it is difficult to add an item once the budget is approved. Upon being questioned where the baskets will be displayed, Hughes stated the baskets will be placed on College Avenue and on Minnesota Street in the downtown area. Schultz asked if Hughes and Theisen are looking to move forward with an organization that is interested for next year -since we have a limited number of service organizations and what happens if we don't find one. Hughes stated that she does not feel that one organization should be responsible for the entire project; it should be a community wide project. She confirmed the City will not get left with owing any money and confirmed the billing will be as the City requests. Motion carried and passed unanimously. Beautification project. Thene reported that many of the trees that were planted with the beautification project have roots that are raising the paving stones. The raised paving stones will become a liability and the City should consider repairing the affected areas. Thene stated that he has inventoried all the trees May 17, 2012 Page 6 of 8 and is working on quotes to replace the trees, grates that would prohibit roots from coming to the surface, and replacing the pavers with stamped concrete. When questioned how many trees are involved, Thene and Schultz responded 36. The matter will be brought back to the Council at a later time. Administrator Reports Lot Split Request: Weyrens presented the Council with a request to split Lot 1 Block 1 Professional Plat into two lots. The split is being requested to allow the development of a McDonalds's restaurant. When the split is affirmed, McDonalds will purchase the lot closet to CR 75. The St. Joseph Code of Ordinances allows a property owner to split a parcel provided the property is platted and after the division both parcels are conforming lots. Staff has reviewed the request and both lots will be conforming after the division. Weyrens stated that dividing the parcel does not convey development rights. Loso made a motion authorizing the Administrator to execute the certificate of compliance dividing Lot 1 Block 1 St. Joseph Professional Plat into two lots. The motion was seconded by Wick and passed unanimously. CSAR 2 Designation: Sabart presented the Council with a request from Stearns County authorizing the removal of State Aid designation of Minnesota Street West from College Avenue to the western corporate limits. Stearns County Engineer Jodi Teich is in the process of preparing the documents to bid the construction of the realigned CR 2. The new alignment will be designated as a State Aid Road and MnDot will not allow the additional designation without removing the existing mileage. Sabart stated that the staff is not opposed to the re- designation; rather it was concern about the condition of the existing road and how the repairs will be completed if funding is not available. Jodi Teich has indicated that the County will negotiate with the City when the time comes for turning the street over to the City. At this time the only action being taken by the City is changing the designation. The City has two years from the date of revocation to add the mileage to the City system, which is additional mileage that the City receives and is not based on allotted miles. The City would want to wait until the entire portion of CR can be captured by the City. Sabart clarified that the County Board has already approved the re- designation, but the portion in the City can only be released by the Council. He further clarified that when discussing the matter with Stearns County, the road may not necessarily need repair today, but at some point in the future. An agreement could be drafted and executed that would identify the cost sharing of the improvements when they are completed. Wick made a motion authorizing the Mayor and Administrator to execute resolution 2012 -0010 Revoking County State Aid Designation, CR 2. The motion was seconded by Frank and passed unanimously. Grant Application: Weyrens reported that she received correspondence from the Minnesota Historical Society Grants Office that the City could make application for a grant for restoration of the monument on 2 " Avenue NW. The funding is through a program entitled Collections Care. Sabart stated that the funding being discussed is tied to the Legacy Program which has been allocated 24.1 Million dollars for appropriation. Sabart estimated the staff time for preparing the grant is somewhere between $ 1,500 - $ 2,000 and the deadline for submittal is June 1, 2012. Therefore, if the Council wishes to move forward, action will be required at this meeting. The grant does not require matching funds, but the City could approve matching funds if so desired. Frank questioned if an in -kind donation or matching funds of $5, 000 would be appropriate. Thene clarified that the monument has cracking and the base is sinking. The estimates from 2010 indicate the repairs to be approximately $ 25,000. Loso stated that the monument was repaired when he was on the Park Board and does not feel it needs a lot of work. The City can always apply for the grant and if not successful then the repairs can be looked at to see what really needs to be done. Wick questioned the need to include a funding commitment if one is not required. May 17, 2012 Page 7 of 8 Schultz made a motion authorizing SEH to prepare and submit a grant application to the Minnesota Historical Society Collections Care Division for the restoration of the Monument located on 2 Avenue NW, without a matching contribution. The motion was seconded by Loso. Ayes: Schultz, Symanietz, Wick, Loso Nays: Frank. Motion carried. Credit Union Building: Weyrens reported that the contractor demolishing the former Credit Union Building has requested the City consider placing class 5 material on the site rather than fill and seed. The Council affirmed their decision to plant grass. Mayor Reports Police Chief Proclamation: Schultz presented Police Chief Jansky with a proclamation congratulating him his recent receipt of the Richard W. Schaller Award. He further thanked Jansky for is leadership within the City and among his colleagues and his dedication /commitment to the City of St. Joseph. The Council expressed their appreciation as well. Today in America — Schultz reported that he was solicited by a broadcast TV Show hosted by Terry Bradshaw out of New York. The show entitled Discover America and they will be featuring the best places to live, work and visit in America. Schultz has had discussion with the producers and it is broadcast nationally on Discovery Channel and CNN headline news and reaches 100 top markets nationwide. The cost for St. Joseph to participate is $19,800 which includes the filing, scripting and replay of the film. When the project is complete, the City retains the rights to the film and can use it for marketing. To produce a similar type video locally is approximately $ 35,000 to $ 40,000. Schultz stated that this would be a great project for partnerships such as College of St. Benedict and St. John's University. Symanietz questioned if the City couldn't do something similar with the equipment we recently purchased. Schultz responded that the film produced by Today in America is professional and would be more appropriate for marketing the City. Frank stated that the EDA and City have been discussing marketing, this might be an alternative. APO Commission Update. Schultz reported that the APO Executive Committee met last week discussed the following: 1) 2011 APO Annual Audit; 2) List of 2013 transportation studies were reviewed for presentation to the full board; 3) discussion on demographic trends; 4) Mayors bike ride has been replaced with the River ride. Schultz reported that he has been nominated for the Vice Chair of the APO. R1 Rental Housing Ad Hoc Committee: Schultz reported that the Ad Hoc housing committee will be meeting shortly to continue the discussion on rental provision in the single family zoning district. Mavors Meet and Greet: Schultz reported that he will be hosting a meet and greet at the Local Blend on May 26, 20012 between 8:30 AM and 10 AM. Council Reports FRANK Human Rights Commission: Frank reported on the recent meeting of the Joint Human Rights Board at which time they approved appointments for the Human Rights Commission. At this time St. Joseph does not have a representative on the Commission, but there has been some interest expressed. Complete Streets: Frank stated that he recently read an article on the concept of complete streets and the counties and communities that have adopted the philosophy. When he read through the City transportation plan amendment he did not see any reference to complete streets and questioned if St. Joseph should consider including. Loso stated that when the Council agreed to review the Transportation Plan, a minimalist approach was used to help reduce the cost for amendment. So the scope of the project did not include revising for complete streets. May 17, 2012 Page 8 of 8 Frank commented as we look out to 2035, it seems that we should be looking at the changing demographics and the aging population and how does our transportation plan evolve to cover these changes. Schultz confirmed we can adopt a complete streets policy at any time that doesn't have to be part of the transportation plan amendment being considered at this time. LOSO — No report. WICK EDA Meeting: Wick reported that the EDA will be meeting next week. SYMAN I ETZ Joint Planning Board: Symanietz reported on the recent action of the Joint Planning Board at which time they approved a variance for C & L to construct and attach a one story office building to their existing facility. Adiourn: Wick made a motion to adjourn at 10:00 PM; seconded by Loso and passed unanimously. 411.11k 0,7_ Judy eyrdns Adm' • strator