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HomeMy WebLinkAbout2012 [12] Dec 06 December 6, 2012 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, December 6, 2012 in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: City Finance Director Lori Bartlett, Police Chief Pete Jansky, Public Works Director Terry Thene and City Engineer Randy Sabart Others Present: Dan Ressick, Community Relations Representative from St. John's Senate, Samantha Eckstad Community Relations Representative from St. Ben's Senate, Sue Palmer, S. Kara Hennes, Michael Williams, Richard Cousin, Sam Johnson, and Chuck Potter. PU�LIC COMMENTS Chuck Potter, 423 Minnesofa Street West approached the Council to express his concerns regarding the speed limit on CR 2. He requested the City Council move the speed limit sign cioser to the end of the City Limits. As it is currently signed cars are traveling at a fast speed and it becomes dangerous. Frank stated that while he understands the concern, the road is a County Road and the City does not have authority to change signage. City Engineer Randy Sabart that in addition to the road not being in control of the City, the area being referred to is a transition zone and cars are anticipating the speed limit. It is easier to sign a road when there is dense housing than when it is open fields or homes are sparse, as in the case on CR 2. Sabart stated that once the CR 2 street and trail project are complete additional signage will be installed, hopefully reducing the speed. Sam Johnson, 810 Minnesota St E approached the Council to encourage the Council to reconsider withdrawing from the St. Cloud Human Rights initiative. He stated that as a resident he is proud that St. Joseph opted to participate in the Regional Human Rights Office, despite the other cities lack of participation. It is his understanding that the annual cost has dropped to$3,700 from nearly$5,000 in 2012. Based on information he has received the Human Rights cost is less than $ 1.00 per capita for the participating cities with a much larger benefit. He further stated that not everyone has access to an attorney or legal counsel when they need it. Where should our citizens go when they face such violations? Where can the disenfranchised and disabled go if not the Human Rights Regional Office? He believes the St. Cloud office helps build and protect an important cornerstone of our healthy community and this is precisely why St. Joseph should continue its funding. In closing he urged the Council to reconsider their action withdrawing from the St. Cloud Regional Human Rights and fund the initiative in the 2013 budget. A�prove of Aqenda: Wick motions to approve the agenda as presented,deleting the November Minutes. The motion was seconded by Loso and passed unanimously. Consent Agenda: Frank made a motion to approve the consent agenda; seconded by Symanietz and passed unanimously. a. Minutes—Approved the minutes of September and October 2012. b. Bills Payable—Approved check numbers 045948-046038, payroll EFT#000737-000746 and � accounts payable EFT#001595. c. TIF Decertification—Approved execution of Resolution 2012-019 decertifying TIF District 1-4 Colleqe/Monasterv St. Benedict: Sue Palmer,Vice President of Finance for the College of St. Benedict and S. Kara Hennes, Treasurer for the Monastery of St. Benedict presented the City Council with a$ 30,000 contribution. Palmer stated that the College and Monastery on a regular basis has made a voluntary contribution ($ 15,000.00) in recognition of the deep value they place in the relationship befinreen the City, College and Monastery. Annually the College and Monastery review their contribution and have decided to double their annual donation, submitting a check in the amount of$ 30,000.00. She concluded by stating that the College and Monastery believe that in addition to the many non-financial � December 6, 2012 Page 2 of 6 benefits they provide to the community, annual voluntary contributions are an important commitment, and a comment to which they intent to remain faithful. On behalf of the City Council Mayor Schultz thanked the College and Monastery for their donation and commitment to the Community. 2013 General Fund Budqet and Levv and 2013 Fee Schedule: Schultz opened the public hearing and stated the purpose of the hearing is to consider adoption of the 2013 General Fund Budget and Tax Levy and the 2013 Fee Schedule. The 2013 Budget discussion over the past months have included the issuance of an equipment certificate and the creation of a street light utility. With regard to the Street Light Utility, it becomes a budget item if street lighting costs are removed from the General Fund and collected through the bi-monthly utility bills. The amount for street lighting, $ 51,000, could be removed from the levy, reducing the overall tax rate. The equipment certificate is not being approved as part of the budget; rather the proposed equipment is needed and not included in the budget. Therefore, if the equipment certificate is not utilized, the equipment could not be purchased. Since the last budget meeting the budget has been adjusted to add a full time police officer position starting in July, increasing the Office Specialist position form three-fourths time to full time, removing the Human Rights costs, and adjusting the budget with the proposed settlement of the AFSCME contract. Weyrens stated that representatives from the St. Cloud Regional Human Rights Office are present to request the Council reconsider partnership in the Human Rights initiative. Richard Cousin, Investigator for Minnesota Department of Human Rights Office(MDHR)and St. Cloud Regional Human Rights Director approached the Council to speak on behalf the partnership for the St. Cloud Human Rights Office. Cousin presented the following information as it relates to the activities of the St. Cloud Office: • The Human Rights office offered education and outreach to eliminate discrimination throughout Minnesota • Objectives of the outreach and education included: train businesses about implementing and maintaining non-discriminatory employment practices; inform individuals about their rights unde MHRA and MDHR's enforcement role; education the general population about MDHR so they know when to refer people to MDHR; develop new partners, reach a large number of people and organizations through outreach and education activities; reduce costs of performing outreach and education • Strategy included: reach organizations and individuals on MDRH's mailing list; use different outreach and education formats, leverage technology and information; leverage partnerships; network to build reach in historically disenfranchised communities • Most common outreach and education event formats: presentations to groups, training showcases, community forums, outreach booths at community events. • Results: coordinated or participated in over forty outreach and education events with approximately 1,800 participants; events located in areas of the State not recently visited, including speaking to the St. Joseph Chamber of Commerce; cultivated at least five new audiences. • Future Opportunities include: using different event formats; use of social media; new partnerships; explore measuring outcomes along with outputs; more in-depth work in St. Joseph • Future Challenges: cost and time need to learning and using new mediums; measuring outcomes of education and outreach efforts; doing more with less When questioned the benefit of the St. C(oud Human Rights Office in St. Cloud versus using the office in St. Paul, Cousins responded timely action. The St. Paul office only has eight investigators and 22 employees for the entire state. Once a complaint is filed it the average response time is eight months. As a member of the St. Cloud Human Rights Office, residents or complainants receive immediate response and most office the matter is resolved through one meeting or contact. Cousins stated he understands the concerns of the City and lack of response from the State Office, but he encouraged the Council to not give up on the initiative. The Regional Human Rights Office is only in its second year and will only grow. December 6, 2012 Page 3 of 6 Mike Williams, St. Cloud City Administrator approached the Council to request reconsideration of withdrawing from the Human Rights Initiative. He stated that he has provided administrative support for the Joint Powers Board as well as the City of St. Cloud funding the agency with $ 70,000 in grant funding. The local cost for the office for 2013 is$42,000 with St. Joseph's portion only$3,791 which is a reduction from the prior year. The reduction is a result of the City of St. Cloud providing additional community block grant funding. Williams encouraged the Council to honor the five year commitment that was part of the Joint Powers Agreement. The office has provided assistance and resolution to discrimination issues and if St. Joseph withdraws, their residents will have to use the St. Paul office which is not as timely. Wick expressed frustration with the lack of information provided to the Council as it relates to the budget. Most recently the Council requested budget information and was told will be lower than 2012; however, the JPA requires the Board approve the budget and submit the request to the City Council. Wick questioned Williams if the JPA meeting held last night was to approve the budget, to which Williams responded yes. Wick questioned how many times the JPA actua{ meet to which Symanietz responded four and Williams stated at least three. Wick questioned if minutes are recorded for the JPA as he tried to ' locate them on the St. Cloud website without avail. Williams stated that minutes are kept, but are not published; however, it could be added. Wick questioned how residents are informed of the Human Rights Commission, especially if they wanted to approach the board. Williams stated this is an area that can be improved in the coming months. Frank stated that the City of St. Cloud does not have the only responsibility to inform the residents, St. Joseph has the ability as well. There being no one further to speak, the public hearing on the proposed 2013 Budget and Levy and 2013 Fee schedule was closed. Frank made a motion to reconsider partnership with the City of St. Cloud to operate a Human Rights Office and to include in the budget$ 3791 to fund the same. The motion was seconded by Symanietz. Discussion: Symanietr expressed support for the Human Rights initiative, stating that it is important for all cities to support the office, not just St. Joseph. She hopes that by St. Joseph staying in the partnership other cities will follow suit. In addition she stated that the office provides needed outreach and education and without being part of the initiative St. Joseph would not have that service available without paying for a facilitator. Frank stated that the Council has raised good questions and Wick has asked for some accountability with regards to the budget. He further stated that Cousin has tried to provide the information but has to rely on the St. Paul Office to obtain and release the information. Frank stated that he is impressed with Cousin and his ability to mediate issues quickly. He has provided the community, through the Chamber and a report to the Council, on the activities of the Commission. He illustrated that residents of St. Joseph have , been served. Wick clarified that the issue is not whether one is for or against human rights; rather should St. Joseph continue to be part of the St. Cloud Office. When asked for information the response has been "we ar going to work on", but the City does not get the information. The past two years the City has requested budgetary information that is identified in the JPA and has not received in a timely manner. It is difficult to formalize a budget without the formal submittal of the budget from the JPA Board. Ayes: Symanietz, Frank Nays: Schultz,Wick, Loso Motion Fails 2:3:0 The Council continued to discuss the proposed 2013 Budget and Tax Levy. The following is a summary of discussion: • Equipment Certificate—Weyrens clarified that the Council will consider the actual issuance and equipment to be purchased in late February or early March. � • Office Specialist Position—The addition cost for increasing the position to full time will be funded through the Principal Stock, closing out the stocks. r December 6, 2012 Page 4 of 6 • Loso questioned the increase for the EDA to which Bartlett stated that part of the increase is showing the tax abatement and changing how the funds are recorded when the tax settlement is received. The EDA Budget did not increase dramatically; it is a result of the shift in reporting. • Loso stated is whole understanding of the budget was to set aside monies for future debt and the City historically has not done this. He would like the Council to reduce the budget further as the economy has yet to recover. ' • Schultz questioned if the EDA has approved a contract for consultants and if not how the budget is handled. Wick responded that the EDA has considered the budget for MDG, EDA consultant, and it will not increase. The Board will continue to discuss the contract in January. He further stated that in 2011 the City solicited RFP's for the services and opted to remain with MDG. The contract for EDA services is the responsibility of the EDA Board and as the Council approves a budget. Once approved the Board must operate within or approach the Council for additional funds. . 17 h Loso suggested the Council decrease the budget$ 3,000 to which the ot er Council Members disagreed. Wick indicated that the Council has been working on the budget for three months and it is late in the process to discuss such significant changes. Loso stated that up to this meeting the budget ' meetings were preliminary and now is the time to adopt the final budget and he would like to see a reduction. Frank requested specific areas for reduction to which Loso referred to staffing. Symanietz stated that if revenue reductions are apparent the City can always discuss staffing, it is not limited to when the City prepares the budget. I Weyrens questioned the Council on the street light utility and if it is the intent to implement a fee for 2013 and if so, will those funds be deducted from the overall levy or reallocated. Weyrens presented the Council with finro methodologies, one using a unit method with little start up fees and the second based on acreage and type of use. The City currently uses a unit fee for the water and sewer funds so that all � residents are paying a proportionate fee of the asset and then paying more for the usage. The same would apply for a street light, dividing the cost of the asset. Frank questioned the value of creating the utility and if it is worth the effort. Schultz clarified that the fee would be spread to all residents regardless of their tax status so there is a benefit. Weyrens clarified that if the Street Light Utility fee is implemented, I it will take two months for the fee to become effective; therefore, the reduction to the budget should be$ 42,500. Schultz made a motion to reduce the levy$42,500 and implement a street light utility fee basing the fee on a permit unit calculation. The fee would be implemented for the billing cycle beginning in March 2013. The motion was seconded by Loso. Ayes: Schultz, Loso, Symanietz, Frank I Nays: Wick Motion Carried 4:1:0 Schultz made a motion to accept the 2013 Fee Schedule as presented; seconded by Frank and passed unanimously. I r mini r r o e r 12- Wick made a mot�on authorizing the Mayo and Ad st ato t xecute esolution 20 014 approving the 2013 General Fund Budget in the amount of$ 1,724,270.00 The motion was seconded by Schultz and passed unanimously. I Borgert, Variance Reauest: Weyrens reported that the Planning Commission conducted a public hearing � n on h r uirement to cons r II buil in wi h a rim ter on December 3, 2012 to consider a varia ce t e eq t uct a d gs t pe e frost footing. Borgert Product intends to construct a cold storage facility that is not open to the public, nor visible from any street. Schultz stated the Commission discussed the intent of the design requirements and felt that the building proposed by Borgert is an accessory building that is temporary in nature and was � not intended to meet the frost footing requirement. The recommendation of the Planning Commission included a contingency that the facility could not include any infrastructure other than electricity. As such it cannot be heated or include water or sewer services. The recommendation also clarified that if the building changes use from a cold storage building to any other use, approval from the Planning Commission would be required. Loso made a motion to accept the recommendation of the I Planning,granting a variance relieving the requirement to construct the cold storage with perimeter frost footings with the following contingencies: the building is only to be used for cold storage and any other use would require approval from the Planning Commission and City December 6, 2012 Page 5 of 6 Council and the building cannot contain any infrastructure other than heat. The motion was seconded by Wick and passed unanimously. Committee Reports Planninq Commission: Schultz reported that the Planning Commission considered the recommendation of the R1 Housing sub-committee and information will be provided at the next Council meeting. When questioned about the status of the housing development in the Township, Sabart responded that he is still working with the developers engineer to resolve drainage issues. The City is working to protect the city from future costs when/if the development becomes part of the City. Schultz clarified that he does not want to incur future costs for this development. It is important that drainage and transportation issues are resolved at this time. Sabart confirmed and stated that is premise he is operating under but the developer and Township don't necessarily agree. EDA: Frank reported that the EDA has met and discussed the extension of utilities to the property adjacent to the re-aligned CR 2. There has been interest expressed from two property owners to develop their property, but sewer is not available in that area. The City will have to look at options for extending with one alternative being a short term fix and one looking at long range growth Park Board: Public Works Director Terry Thene reported that the Park Board is finalizing the first Joe Town Snow Town community event. The event will provide events for all ages including snow shoeing with flashlights, chili, bon fire and medallion hunt. Administrator Reports: Ordinance Amendments—Storm Water UtilitV.: Weyrens presented the Council with the final draft for � Ordinance 45, Storm Water Utility. This Ordinance was implemented in 2004 but for some reason it did not get published. The Ordinance creates a Storm Water Utility and identifies the methodology for implementing. . Loso made a motion to authorize the Mayor and Administrator to execute Resolution 2012-022 Adopting Ordinance 45,Storm Water Utility. The motion was seconded by Wick and passed unanimously. Wick made a motion to authorize the Mayo�and Administrator to execute Resolution 2012-023 Authorizing Summary Publication of OrdirMance 45, Storm Water Utility. The motion was seconded ra by Schultz and passed unanimously. Ordinance Amendments—Illicit DischarQe: Weyrens stated that Ordinance 46, Illicit Discharge is new Ordinance with the purpose of managing storm water. As part of the permit the City is required to secure through MPCA, the City must have an Ordinance to that establishes methods for controlling the introduction of pollutants into the municipal storm sewer system. The Ordinance must also establish legal authority to perform inspections, surveillance, and monitoring and enforcement procedures necessary to ensure compliance with the Ordinance. Weyrens stated that the proposed Ordinance has been reviewed ' and approved by the City Attorney. Wick questioned the following: 1) Sections 46.14(c)and 46.19 have differing days for compliance appearing to be inconsistent. Sabart responded that there is a ten day period for compliance, but residents also have an opportunity to appeal. If the Ordinance is being appealed, the ten days would not apply. He questioned if the language could better state the intent, to which Sabart stated he would check with the Attorney. 2) Section 46.16 (a-c) refers to suspension of MS4—Wick questioned if any of the provisions � include a statement of the person is not committing an offense. 3) Penalty provision—requested clarification on how the penalty is calculation, if it is per day until resolved or some other timeline and how is it handled if the matter is appealed. While this is a legal matter, Sabart stated that it is his understanding that the fine would be charged until the appeal is resolved and suspects that the penalty amount will part of the resolution. � - � December 6, 2012 Page 6 of 6 Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2012-024 Adopting Ordinance 46, Illicit Discharge. The motion was seconded by Schultz and passed unanimously. Schultz made a motion to authorize the Mayor and Administrator to execute Resolution 2012-025 Authorizing Summary Publication of Ordinance 46, Illicit Discharge. The motion was seconded by Symanietz and passed unanimously. Safetv Traininq: The Public Works Directors for the area cities of Waite Park, Sartell, Sauk Rapids and St. Joseph are requesting to contract with the League of MN Cities for Safety Training. The League has presented a proposal which reduces the overall cost of training. The area cities will from a safety group entitled Central MN Safety Group. Frank made a motion authorizing the Mayor and Administrator to execute Resolution 2012-020A, establishing a regional safety group and Resolution 2012-0206 authoring St.Joseph to be a participant in the Central MN Safety Group. The motion was seconded by Wick and passed unanimously. AFSCME Contact: Weyrens reported that the City has received the final executed Labor Contracts for the AFSCME Bargaining Unit. The new agreement includes the following: 1) 3.0 %wage increase for 2012 and 1.5%wage increase on January 1 and July 1 for 2013; 2) reduction in the employer contribution to the HSA deductible; 3) increase in the employer contribution for health insurance premiums to equal that of the LELS bargaining unit; 4) each member shall be allowed to order up to$ 175.00 in City of St. Joseph apparel; 5)change in seniority language and bumping; 6) Job Classification change employee from Maintenance Supervisor to Lead Worker; 7) contract term is two years. Loso made a motion to authorizing the Mayor and Administrator to execute the bargaining agreement between the City of St.Joseph and AFSCME Local 65 for the contract period January 1, 2012 through December 31, 2013.The motion was seconded by Schultz and passed unanimously. Leqislative Priorities: Weyrens presented the Council with the revised resolution of the area cities identifying the legislative priorities for 2013. Since the last resolution St. Cloud has requested that the item relating to data practices be limited to the protection of email addresses and delete the provision attempting to eliminate the release of victim's names in the event of an accident such as Versco. Council members questioned whether or not one city has the authority to remove an item from the list of priorities to which Weyrens stated that all cities agreed to such. Cities can still pursue those items but they are not part of the collaborative list. Wick made a motion authorizing the Mayor and Administrator to execute the Joint Legislative Priorities Resolution; seconded by Symanietz and passed unanimously. Mayor Reports St. Joseqh Chamber of Commerce: Mayor Schult2 announced that he will be speaking at the December 12, 2012 St. Joseph Chamber Luncheon and encourage anyone interested to attend. City Council Reports SYMANIETZ—No Report WICK—No Report LOSO—No Report FRANK—No Report Ad'�ourn: Loso made a motion to adjourn at 9:00 PM; seconded by Wick and passed unanimously. i � �� � � �Judy ey ens Ad nistrator � This page intentionally left blank