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HomeMy WebLinkAbout2013 [02] Feb 07February 7, 2013 Page 1 of 7 Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday, Feb 7, 2013 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: Police Chief Pete Jansky, Public Works Director Terry Thene, Finance Director Lori Bartlett and City Engineer Randy Sabart. Others Present: Laurie Ziebell, Telizia Calloway, Sue Palmer, S. Kara Hennes, Stephanie Drikell Public Comments: No one present wished to speak. Approval of the Agenda: Wick made a motion to approve the agenda with the deletion of 4(a) minutes, remove for discussion 4(c) donations and add 4(d) Conduit Debt and 4(e) Tri Cap; seconded by Symanietz and passed unanimously. Consent Agenda: Wick made a motion to approve the consent agenda as follows; seconded by Symanietz and passed unanimously. a. Removed b. Bills Payable –Approved check numbers 046203 - 046285 payroll EFT # 000765- 000769. c. Removed for discussion Donations: Frank stated that he would like to acknowledge the donations received by the city. The City received the following donations: $6.00 disc golf; $ 2,000 from the St. Joseph Lions to be used for the Archery Range and $8,283.00 from C & L Excavating for material and staff for the archery range. Wick made a motion to accept the donations for the purposes stated; seconded by Symanietz and passed unanimously. Public Hearing, Conduit Debt: Mayor Schultz opened the public hearing for the refinancing of conduit debt issued in 2001. Weyrens clarified that in 2001 the City was approached by Opportunity Matters (formerly known as Independence Center) to issue debt using the City of St. Joseph's name for a facility in the City of Waite Park. Organizations that function /serve a public purpose are allowed to issue debt through a municipality using the City's General Obligation backing for a lower rate. At this time Opportunity Matters is refinancing their debt, using the City of Sartell as the host City. MN Statute requires a public hearing for the reassignment of such debt. There being no one present wishing to speak the public hearing was closed at 7:05 PM. Wick made a motion authorizing the Mayor and Administrator to execute Resolution 2013 -007 Giving Host Approval to the City of Sartell for the Issuance of a series of 2013 Health Care Facilities Revenue Refunding under MN Statute 469.152 through MN Statute 469.1655. The motion was seconded by Loso and passed unanimously. Public Hearing — Proposed Application for CDBG Funding: Mayor Schultz opened the public hearing and stated the purpose of the hearing is to identify community development and housing needs, including the needs of very low and low income persons as well as other needs of the community that might be addressed through the Community Development Block Grant. Laurie Ziebell, Central MN Housing Partnership (CMHP) approached the Council to discuss the proposed grant application. Ziebell stated that the CMHP is working on behalf of the City of St. Joseph to submit a grant application for rehab of single family dwellings of income qualified residents. The target area for the grant is single family dwellings south of CR 75 between 1 st Avenue and 5th Avenue and north of Baker Street. Ziebell stated that CMHP mailed notices to property owners in the target area and invited them to an open house that was held immediately before this Council meeting. The small Cities grant program helps cities with housing rehab provided they meet the following criteria: 1) benefit low to moderate income February 7, 2013 Page 2 of 7 residents; 2) eliminate slum and blight conditions; 3) eliminate urgent threat to health and safety. Ziebell further stated that if funded the grant would provide up to$21,000 for qualified residents to make improvements to their homes, such as windows and siding. The funding is in the form of a loan, and if the residents remain at their home for seven years, the loan is forgiven. There being no one present wishing to speak, the public hearing was closed. Frank made a motion empowering the Mayor and Administrator to execute Resolution 2013 -008 authorizing submittal of a grant application to the Department of Employment Development, naming the Mayor and Administrator as authorized representatives to act on behalf of the City of St. Joseph. The motion was seconded by Symanietz and passed unanimously Public Hearing — Street Light Utility: Mayor Schultz opened the public hearing and stated the purpose of the hearing is to consider the adoption of an Ordinance that will implement a utility fee to maintain a city- wide street lighting system. The proposed Ordinance will provide a mechanism whereby all property owners in the City of St. Joseph will be billed a proportionate share of the operation and maintenance of a city -wide street lighting system. Weyrens stated she received written testimony from Bernie and Betty Schloemer questioning the utility fee and applicability. Weyrens stated, like the storm water utility fee, the street light utility fee is for the operation, maintenance and capital of the overall street light system. It is difficult to explain to residents that they are not paying for the street light near their property or they are not dismissed for paying the fee as they do not have a street light; rather they are paying for all the lights. The street light utility fee covers all the street lighting including the semaphore lights. As residents (long term and short term) walk along the sidewalks or drive along the street, they receive a benefit from any lighting. It is this cost that the City is distributing amongst all property owners. Sue Palmer, Vice - President of Finance for the College of St. Benedict spoke in objection to the proposed street lighting fee. Palmer stated that the College, like the City, is reliant upon users /taxpayers to fund the overall operation of their organization and questioned the allocation of expenses. While the draft Ordinance states that the fee will be charged on a fair, appropriate and reasonable basis, it is difficult from the proposed fee to determine the fairness as the City is proposed a flat fee based on units. She stated that in her opinion the College does not benefit or receive City services. The students residing at the College do not consume services in the same manner as long term residents. They are only here for nine months and many of those residents or parents of residents pay taxes in other jurisdictions. In addition she stated that the College pays for their owner heating, water, sidewalk and streets including capital costs and on -going maintenance fees. The College provides lighting within the campus and on the perimeters; therefore she questioned the applicability of the fee to the College. In fact, the College opted to install decorative street lights on the east side of College Avenue which is a benefit to the City, yet the City does not have to contribute to the capital, maintenance or operation. Palmer stated that the proposed fee charges one unit fee per resident dwelling unit/dorm regardless of the number of residential units in a building or the type of residential use. A single family house which may have many residents will be charged the same as a single dormitory room. In her opinion many more people in single family home will benefit from the street, light and utility than residents per dorm room. The City proposed to charge the City 691 units per billing cycle, which would fund approximately 25% of the total utility. She also questioned the fee for commercial /industrial property as they are only charged one unit per business regardless of how big they are. She suggested that it may be more equitable to base the fee for commercial /industrial on the size of the business or frontage. Fees should be less per capita in high density areas like the college or large apartments. Palmer stated that she has looked at other cities that have implement a street light utility and they recognize disparity and reduce the per lineal foot. Additional the City of St. Cloud placed a cap on the number of units that could be applied to anyone property. She suggested the city could consider an alternative manner or consider applying a credit for those providing street lighting. The college February 7, 2013 Page 3 of 7 understands the challenges of tight budgets and they have tried to be a good neighbor by cost participating in various studies and making a voluntary contribution to the City annually. Palmer requested the City meet with representatives of the College to discuss what might seem to be a fair payment between the two. S. Kara Hennes, representing the Sisters Order of St. Benedict questioned the applicability of the fee to the Monastery. She stated that the Monastery has added a significant number of lights within their property for safety as the lights provided by the City do not provide enough light. The cost of all internal lights are paid and maintained by the Monastery. Residents that walk through the monastery property benefit from the lighting, yet they do not contribute towards the cost. Hennes requested the Council reconsider the application of the street light utility fee as it relates to the Monastery of St. Benedict. Wick reminded the Council that during the budget discussion for 2013 he urged the Council to continue discuss on the street light utility in 2013 as it was not ready for implementation. The Council opted to remove the street lighting expenditure from the levy and now find themselves in a situation where the fee has to be adopted or the City will face a budget shortfall of nearly $ 51,000. Schultz stated that while he understands the concern of Wick, the Council had considerable discussion on the street light utility and it was ready for implementation. The City considered applying the fee on a per acre basis or frontage fee but the setup fees were not reasonable based on the projected revenue. The City had looked at a number of sample Ordinances from Cities that have imposed a street light utility and they were all different including a per unit and per acre basis. Schultz made motion to authorize the Mayor and Administrator to execute Resolution 2013 -009a Adopting Ordinance 47 Establishing as Street light unity and establishing a per unit fee of $ 1.50 per month as outlined in the Ordinance. The motion was seconded by Loso. Ayes: Schultz, Loso, Symanietz Nays: Frank, Wick Motion carried 3:2:0 Schultz made motion to authorize the Mayor and Administrator to execute Resolution 2013 -009 authorizing summary publication of Ordinance 47, Street Light Utility. The motion was seconded by Wick and passed unanimously. City Engineer Reports 2013 Wastewater Project — City Engineer Randy Sabart presented the Council with a scope of work for the proposed 2013 Lift Station Improvement. The proposed project includes evaluating the piping, controls, backup power and wet well capacity. The next step in the project is to order a feasibility report to determine the cost of the project. Sabart stated that estimated cost of the feasibility report is $ 18,900.00. Frank made a motion to authorize the feasibility report for the 2013 lift station improvement at an expenditure of $ 18,900; seconded by Wick and passed unanimously. North Corridor Study — Sabart and Schultz stated they have been approached by the Area Planning Organization as to the status of the North Corridor Study. Sabart stated that in April 2012 the Council had opted to stop the study and turn back any remaining federal funds as the area abutting the proposed corridor was not ready or likely for development in the near future. The City Council did not wish to allocate funds for a project that did not have a return on the investment. The staff and Mayor relayed the information to the APO and the Director requested the City reconsider. Since that time the APO requested the city move forward to accept the program funds for the Right of way acquisition. Therefore, at this time the City should take formal action to either suspend the City or move forward. Schultz reminded the Council that an additional reason the City opted to withdraw is the proposed road connects to the City of St. Cloud and they do not see the connection as important or needed. If the City withdraws at this time the APO has indicated that the future corridor may no longer be eligible for federal funding. Frank stated that he does not support spending money just to utilize federal funds and he would like to recognize a return on the investment before spending additional funding. Wick questioned if the documents that have been produced to date can be used in the future. Sabart responded that the City February 7, 2013 Page 4 of 7 did receive a benefit from the study. The road alignment has been outlined and can be used for planning purposes as well as some of the preliminary environmental assessments. Sabart stated that the City did receive a benefit from the work that was done and it will be helpful in the future. Loso made a motion to affirm the suspension of the North Corridor Study; seconded by Wick and passed unanimously. MnDOT Partnership Agreement: Sabart presented the Council with a Master Partnership Agreement between the State of MN and the City of St. Joseph. The purpose of the agreement is to allow for cooperative or collaborative use of personnel, services and equipment. If the City constructed a street project utilizing federal funds, the City would be required to use the State testing lab. Previously the City has executed a Master Partnership Agreement which expired on December 31, 2012. The State encourages municipalities to execute new contracts as one expires so that in the event of an emergency the process for using State resources is not delayed. If for example the City needed a backup generator due to a weather event, the City could not access one if a current agreement is not in place. Weyrens clarified that the agreement does not bind the City or create a liability; rather it provides for sharing of resources when needed. Frank questioned if this agreement would have applied when the City was negotiating easement rights along the rail road tracks. Sabart stated that since we were negotiating with MnDot it would not have applied, but it would apply if the City needed assistance in negotiating right -of -way for projects not involving the State of MN. Wick questioned if the agreement is similar to the agreement that just expired, to which Sabart responded yes. Wick made motion to authorize the Mayor and Administrator to execute Resolution 2013 -010 empowering the Mayor and Administrator to execute the Master Agency Agreement between City of St. Joseph and State of Minnesota. The motion was seconded by Frank and passed unanimously. Committee Reports EDA — Wick reported that the EDA meet recently welcoming new member Gary Osberg. The Board also elected the following officers: Chair, Dale Wick; Vice Chair, Doug Danielson; Treasurer, Larry Hosch; Secretary, Steve Frank. In addition the EDA reviewed the 2012 Annual Report which will be presented to the City Council on February 21, 2013. Planning Commission: Schultz reported that the Planning Commission conducted a public hearing for the proposed amendment to the R1 Zoning District regarding non -owner occupied rental. The recommendation will be presented to the Council at the February 21, 2013 meeting. Personnel Committee: Schultz reported that he and Wick, Personnel Committee, met with representative of the non -union employees to discuss compensation for 2013. The Personnel Committee is recommending the Council approve the same compensation provided to members of the LELS Union. The compensation would result in the non -union employees receiving a 1.5% wage increase in January and July and the City contributing $ 4,000/$ 2,000 (family /single) to the individual employees HSA account and the City contributing 80% of the insurance premium. Wick stated that in the past the non- union employees have contributed more to their insurance and he would support phasing in the reduction of deductible. Loso stated that it was his understanding that the Council already acted on the non -union employee compensation and it was the same as the AFSCME contract. Finance Director Lori Bartlett presented the Council with a financial summary of the proposed compensation and illustrated that whilt the City is contributing more to the deductible for the non -union employees, the employees are paying more for the premium; therefore, total compensation is comparable. Wick stated that at the end of 2013 the City will be paying similar amounts for insurance and both union contracts expire in 2013. Therefore, the City has the ability to negotiate with all bargaining units at one time, providing for continuity. Loso affirmed that the negotiating committee worked hard to change the insurance with the AFSCME unit and he does not wish to take a step backwards in negotiations. Schultz affirmed that the City is paying similar amounts, it is just how it applies that is different. The following table illustrates the annual employee insurance cost for the contract years 2012 — 2013: February 7, 2013 Page 5 of 7 2012 - 2013 Impact of Insurance Contributions Total Annual Contributions Single AFSCME 10,065.60 LELS 11,065.60 Exempt 10,422.40 Family AFSCME 29,001.60 LELS 31,001.60 Exempt 28,909.20 Loso made a motion to approve the following compensation for non -union employees: Wage Increase —1.5% January 1 and July 1; Employer Health Insurance Contribution Premium: 80 %; Employer Health Insurance Deductible - $ 4,000 Family; $ 2,000 Single. The motion was seconded by Wick and passed unanimously. City Administrator Reports Charter Franchise Agreement: Weyrens stated the franchise agreement with Charter Communication expires in 2014 and the cities of Waite Park, Sartell and Sauk Rapids have retained the services of Moss & Barnett to negotiate the renewal. The city of St. Joseph has been asked to participate with the cost being shared between the four cities. The review process will include services provided and offerings to each municipality. Loso questioned if the City could require Charter to remove all wire that is currently not used and to bury all above ground wires, to which Weyrens stated she would request such. When questioned if St. Cloud is participating, Weyrens stated that they have opted to complete a more extensive review process, of which the other cities were not interested in. Frank stated that St. Joseph is in a good position as we have competition and residents can chose their provider and negotiate with them as well. Wick questioned if the City could request Wi -Fi services for a future community center or for City Hall. Weyrens stated that she can add Wi -Fi services to the request. Schultz made a motion to authorize the Mayor to execute the Joint Representation Agreement between the Cities of Sartell, Sauk Rapids, Waite Park and St. Joseph and Moss & Barnett to review the Charter Franchise Agreement. Review the agreement should include: possible extension of Wi -Fi to city facilities and removal of unused lines and burying of above ground lines. The motion was seconded by Symanietz and passed unanimously. City Attorney Appointment: Schultz requested the Council discuss the appointment of City Attorney. The City requested request for proposals for attorney services and interview the four firms submitting a proposal. While only three members of the City Council could attend the interviews, he is ready to make a recommendation, but since this a key consultant he questioned if the City should narrow the firms to two and meet a second time so that all council members could meet the proposed firms. Loso stated that he too is ready to make a recommendation but would entertain the opportunity to narrow the field to two firms and meet again. It was the consensus of those present for the initial interview (Schultz, Loso, Frank) that the top two firms were Flaherty and Hood and Jovanovich Kadlec and Athman. Weyrens will schedule a second interview for the Council. Schultz stated that he would welcome the department heads at the interview as well. Only one firm submitted a proposal for prosecution services and that was Jovanovich Kadlec and Athman. Loso stated that it was his understanding the Council already agreed to keep the prosecution with the City of St. Cloud. Schultz affirmed that the Council did not take formal action on the prosecuting attorney. Wick requested clarification on the cost. Weyrens stated that the City of St. Cloud charges the City $ 36,000 annually which was less than the fee charged by Rajkowski Hansmeier. Loso made a motion authorizing the Mayor and Administrator to execute the 2013 Agreement for Legal Services between the City of St. Cloud and the City of St. Joseph. The motion was seconded by Schultz. February 7, 2013 Page 6 of 7 Police Chief: Weyrens presented the City Council with two options for hiring the Police Chief. Option one provides for an internal posting and filing while the second process is an external /internal posting. If the internal posting process is selected, the City could make a decision on the Police Chief within 30 days of posting. If the external /internal process is used it is anticipated the new Chief could be hired by June 1. Loso made a motion to utilize and internal /external process for the Police Chief search. The motion was seconded by Symanietz. Discussion: Wick requests clarification on the proposed process for internal selection and utilization of an interim Chief. Weyrens stated that if the internal process would allow the City to appoint a candidate as Interim Chief, giving the City and internal candidate the opportunity to see if the position was a good fit for both. If not, the City could then go through the external process. Weyrens and Jansky stated that the City of Sartell used the internal process appointing Jim Hughes as Interim Police Chief. As a designated time, the City and Hughes agreed that he would become the new Police Chief. Jansky stated that the City has two strong internal candidates and requested the Council consider using the internal process appointing one of the candidates as Interim Chief. If it does not work out, the City can always go through an external process. He reminded the Council that when he was hired the Police Department had an image issue which has been resolved and the members of the department helped resolve the issue. Therefore, it seems that an internal candidate would be a good fit and they could continue to lead the department as it is today and the department would continue to function as it does today or better. The council has the opportunity to some time and headache by promoting internally. Wick and Schultz both affirmed that they like to promote from within as, while Frank stated that he likes rewarding people internally, but is also interested in what candidates are available externally. Loso stated that he would like to see what candidates are available externally, while encouraging internal candidates to apply as well. Schultz questioned if the two options could be combined, interviewing internal candidates and soliciting external. Weyrens stated that the job description needs to be revised as it is weak for education and experience. She stated that she will solicit job descriptions from the area Chief and work with Jansky on the final document. The Council authorized Weyrens revise the job description adding qualifications and experience. Frank made a motion to conduct an internal search and if the search is not successful to complete an external search. The motion was seconded by Wick. The Council spent considerable time discussing if the amended motion was appropriate as it is a different action than the original motion. Wick withdrew his second to the motion therefore the motion to complete an internal search failed for lack of a second. Schultz called the question on the original motion to complete an internal /external serach. Ayes: Schultz, Wick, Symanietz, Loso Nays: Frank Motion Carried 4:1:0 Conduit Debt: Weyrens stated that she was contacted by Mary Ipple of Briggs and Morgan questioning if the City of St. Joseph would be the host agency for a conduit debt for Catholic Charities. The project is in the City of St. Cloud, but they will not have bonding capacity available in 2013. Catholic Charities project will required debt in the amount of 5 M. While the debt is not a liability of the City, the City limited to issuing 10 million for bankable debt. Since St. Joseph does not have plans to issue 5 M in debt the City could be the host City. In exchange for using the City of St. Joseph, Catholic Charities will pay the City of St. Joseph $ 20,000, which is a reasonable rate within what area cities charge. Schultz made a motion to allow Catholic Charities to issue debt using the City of St. Joseph as the host City. The motion was seconded by Symanietz and passed unanimously. Tri Cap Busing: Weyrens reported that she received notification that beginning July 1, 2013 Tri Cap will no longer be able to provide one day a week bus services for the City of St. Joseph. The decision to cease bus service is based on MnDot standards for ridership. The service is not financially feasible; therefore, if the City has interest in continuing the service, the City would be required to subsidize the February 7, 2013 Page 7 of 7 program at a rate of $ 324 per week. Weyrens clarified that residents still have the opportunity to call Tri- Cap for dial -a -ride. Schultz made a motion to thank Tri -cap for their effort, and unfortunately the City does not have funding to continue busing service. The motion was seconded by Loso and passed unanimously. Mayor Reports Upcoming Events: Schultz reported that he will be hosting a Town Hall meeting next Saturday at the Local Blend. Activities: Schultz reported on the following: 1) Received a letter from the Frisbee Golf Association thanking the City and staff for their assistance for the January 19th tournament; 2) reported on the different LGA proposals one of which provides additional aid for communities with a disproportionate amount of tax exempt properties; 3) requested to establish a joint meeting with the Council and all City Boards and Commissions; 4) the St. Joseph Lions are seeking a project and will be meeting with the Park Board. APO. Reported on the APO Executive meeting at which time they discussed how projects are added to the priority list and funded. Recently Heritage Road was added as a project and does not meet the APO guidelines for funding. Members questioned the process used and if any City can add projects regardless of APO Guidelines. This matter will be discussed again at the Full APO Meeting. Joe Town /Snow Town: Frank and Schultz questioned the process needed to secure a temporary wine /beer license for the Joe Town /Snow Town event that is scheduled for next weekend. The Park Board has been meeting with Coborn's to offer wine and beer but they need a license. Weyrens stated that if Coborn's has a caterer's license they can provide the service with the City issuing a temporary outdoor license. Jansky expressed frustration with the lateness of the application and lack of attention to detail such as a plan to assure that minors are not served. Weyrens stated that an outdoor license would require a certificate of insurance illustrating the City as an additional insured. Wick made a motion to issue a one day temporary wine /beer license for the Joe Town /Snow Town event sponsored by the St. Joseph Park Board, provided the vendor providing the wine and beer has a MN Caterer's License and provides the City with a certificate of insurance with the City listed as an additional insured. The motion was seconded by Symanietz and passed unanimously. Council Reports FRANK — No Report LOSO — No Report WICK — No Report SYMANIETZ — Reported that the Facility Committee will be hosting on open house on February 12 at 7:00 PM. Adjourn: Mayor Schultz motions to adjourn; Loso seconds 9:10 PM Judy Weyrens Administrator