HomeMy WebLinkAbout2001 [01] Jan 04 {Book 21}
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. CITY OF ST. JOSEPH
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21 First Avenue NW I
P.O. Box 668, I City Council Meeting
St. Joseph, MN5637 January 4, 2001
(320) 363-7201 7:00 p.m.
Fax: 363-0342
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1. 7:00 p.m. Call to Order
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MAYOR 2. I
Kenneth J. Hiemenz APrrove Agenda
3. Approve Minutes- December 18 and December 21, 2000
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CLlmK/ r
AIJMINISTRAT()R 4. Approve Bills Payable and Overtime & Call outs
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Cari Schmidt I
5, 7: 1$ p.m. - Terms and Conditions Police Chief Employment
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COUNCILORS 6. 7:3Q.p.m. - Outgoing Mayor Reports
Bob Loso I
Cory Ehlert 7. Out~oing Council Reports
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h ,Niedenfuer 8. 7:4~ p.m.- Adjourn Council meeting
9. 7Ai p.m. - SwearingIn of Mayor and City Council Members
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10. 7:Sqp.m. - Presentation of Community Service Awards
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11. 8:0qp.m.- Public Comments to the Agenda
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12. 8:10i p.m. -. Mayors Appointments
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13. 8: 151 p.m. - Mayors Report
14. 8:25Ip.m. ~Councilor Reports
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15. 8:35ip.m. -Closed Session - ASFMEUnion Contract
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16. Adjo;um
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Cit of St. Joseph
· Cit Council Budget Work Session
12/18100,7:00 PM I
1. Call to Order. Purs~ant todue call and notice thereof, the City CÖuncilforthe City of St.
Joseph meton Mondpy, December 18, 2000 at 7:30 p.m. in the St. Joseph Fire Hall.
Members Present: Mkyor Kenneth. tliemeni, Cory Ehlert, Ken Twit, Mary Niedenfuer, Bob
Loso, Clerk-Administrator Cari Lindberg and Deputy.Clerk Judy Weyrens.. .
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Others Present: AI ~assiér, LarryHosch, Stephanie Howe and Dennis Hall from. WJ
Sutherland. .
2. GLT Change Order+- Lindberg stated that Stephanie Howe asked to be present to discuss
an issue that has arisen with the project. . Howe reported that she¡ was contacted by Fire
Chief Dave. Theisen about a few items that were missed inthe building. They are code
requirements including seven additional smoke detectors, twoheatdetectors,two manual
pulls and. five hornlst~obes, totaling $2,652.00. Twit asked how they were missed initially.
Howe stated thaUheFire Chief did a preliminary plan reviewrequested by GopherState prior
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to the scope of th~work in the basement being changed. Loso statedthatifthey are code
requirements, this is a no brainer. Dennis Hall, from WJ Sutherland stated that these are
code required additiof,s. Luckily, there won't be any additional costs to doing it now rather
than doing it before. ¡This amount is what the items would have cost had they caught this
from the beginning. f¡./iedenfuer made .a motion to approve the change order for $2,652,
seconded by Loso. T¡he motion passed unanimously (Ehlert absent). Loso asked if the
building had been wi~ed to have the ability tohook up to generat?rs. Lindberg stated thatthis
was discussed early on but was passed over due to cost and the ability to go back and do it
at a later time. HiemEmz added that the generators we have now would be able to work with
· the building as is, just by using extension cords. Howe stated that the pre-construction
meeting for this week is cancelled. The. punch list won't be ready by then. They have
tentatively scheduledi it for Thursday, December 28th at 11 :00 am.
3. Budget 2001 - Weyrens stated that the City got some good new~. With our growth rate and
the tax capacity figur~s we just received, the City's levy as it stands right now is 5.13%. This
includes the City Hall, project gswell.Weyrens spoke with Monte Eastvold and he indicated
that we no longer need to be levying for the $25,650 for the Joseph Street bond. The
assessments should pay for it. Loso asked for clarification that this also includes the City hall
project.Weyrens saip yes. .The City had enough growth that it actually decreased the
growth.. in. spending. The taxpayers will see a greater increase if their property valuation went
up, but that isn't som~thing that the City can control. If their property value stayed the same,
they will only see a 5j130% increase ifthe Council leaves things as they are now.
Weyrens explained that she broke down.. the increase in different scenarios decreasing the
capital outlays by 20%, 30%, 40% and 50%. Loso made a fnotiontocut the capital outlays
by20% leaving an inçrease of 3.293%. Ehlert seconded the motion.
Schmidt stated that a! 3.29.3% increase is very good. . This will also allow the departments to
continue saving the i~ the capital outlays for the equipment that is so desperately needed.
Hiemenz retorted tha~ that is the administration viewpoint, butthat the Council needs to look
at this from the taxpayer's viewpoint. Loso stated that this may be the administration
viewpoint, but it is al~oimportant that the Council be thinking about planning for future
equipment as well. !
Weyrens stated that .the other issue that the Council should address is street project funding.
There is a line .item irl the budget for this, but the Council has never designated any funds to
· it. If we are going to do any street projects in the future, the City will have to levy it. In the
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last street project, the City used an assessment policy of 60/40. The City cannot afford to
keep doing this. Loso pointed out that the City would be receiving MSA funds that would help ·
fund street projects. Weyrens added though that Ash street would be a big project and won't
involve those funds. There has to be money for seal coating and overlays.
Loso suggested that the City raise the increase to 4% and keep the capital outlay cut at 20%
and use the remaining funds for a street project fund. Weyrens added that this would give
them approximately $9,000.
Loso withdrew his original motion and moved to cut the capital outlay by 20%, with a
percentage increase of 4%, with the remainder to go into a dedicated street project fund.
Ehlert seconded the motion and it passed unanimously.
4. Adjourn - Niedenfuer made a motion to adjourn at 8:40, seconded by Twit. The motion
passed unanimously.
Respectfully Submitted,
Cari Lindberg
Clerk/Administrator
City of St. Joseph
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City of St. Joseph
Ci~y Council Meeting
12~21100, 7:00 PM
1. Call to Order. PursJant to due call and notice thereof, the City Council for the City of St.
Joseph met onThursday, December 21,2000 at 7:00 p.m. in the St.Joseph City Hall. ErrQrL
BòuRlllark not defir~ed.
Members Present: Mayor Kenneth Hiemenz, Cory Ehlert, Ken Twit, Mary Niedenfuer, Bob
Loso, Clerk-Administrator CariLindberg and Deputy Clerk Judy Weyrens.
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Others Present: AI Rassier, Larry Hosch, Public Works Director Dick Taufen, Police Chief
Gary Will, Tom Borre!sch. Harry Burns, Mark Loso, Gladys Schneider, Don Schneider, Diane
Schneider, City Attor~ey John Scherer, City Engineer Joe Bettendorf, Mitch Anderson,
Audrey Twit, and Art Reber."
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2. Approve Agenda - Lindberg stated that there is only one addition.~.C4t~.~M'~~_I.. MSAis
requiring a formal re~.olution to be signed and sent to th.em .s. t..a..................~~..!l.....~.................~.'...;0~;.'X::¡t;~.< 1.·.....;..·................'..,.·.'..1.1.:.:.'..........'...:.¥.~.,..'e estabIiSh.e.. d
the Municipal Stated lA-id street system. Hiemenz stated thatj~I:~ß,'ûfldw'5e\ßI' on right after
item 3 so that Joe can discuss it too. Twit made a .i n to Q"rovethe él' j indedagenda,
seconded by Loso."fhe motion passed unanimous '}, .' ~III
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3. Request to turn back CSAH 77 bet eg"':I·" e '*'1st AveriJ ";~NE to the City
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- Mitch Anderson addressed po tatlit , . e e the MS , ystem proposed
by the City includes Çou Îh id,; . h 77«ll' e .,p venue to 1st Ave NE, the
Minnesota Department O,t . ~J,I a'.~H;; .~quirill. ",. ,eel" County revoke County
. State Aid Highway 7{ to \: Cit ¥Slr(]~1i ,~"J~e~L ~$ County Board will formally
revoke the highway 9t its.:,m nll,~tJ'" >~'01.This portion of roadway will then
become part ofS. Josep .... . u· . a.i~; te\¡I· fstem, and full under the jurisdiction of St.
Jos~ph. Ander~on. S.~a.te .. :,.~,¡.,.........t,..:........'.:............ ".~~1.~'!,;'a.nfsolution requesting t.hat th.ecounty turn back t~is
portion to the City. TWlt"flot/a '10 request that the County turn back County State AId
Highway 77 from COlfege;\'fIliìf!Jé to 1st Avenue Northeast. Ehlert seconded the motion and it
passed unanimously. TWJlfSked if this would have any ramifications for maintenance.
Anderson explained that the City receives reimbursement for the mileage that they take care
of. This will be approximately a 1/10th of a mile change in reimbursement. It should be very
nominal. Anderson s,tated that they are still waiting for the signal light on Highway 75 and
133. There has been:a problem with the delivery of the poles.
4. Resolution Establishing Municipal Aid Streets - Bettendorf explained that he learned
today that the Municipal State Aid engineers need a resolution from the City establishing
Municipal Aid streets! Bettendorf drafted the reso. lution outlining what the City has already
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approved. This is a mere housekeeping item. Hiemenz stated that the short portion that the
County just turnedb~ck is not included. Bettendorf said he would amend the resolution to
include that portion of CSAH 77 from College Avenue to 1 st Ave NE. Loso made a motion to
approve the resolutio{1 establishing municipal aid streets, seconded by Niedenfuer. The
motion passed unanimously.
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5. Consent Agenda - ¡
a. Renewal of Liquor, wine entertainment, amusement and cigarette licenses
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b. Lions off site gambling permit
c. Appointment of Gary Utsch to the Housing Task Force -
. d. Resolution Approving 2001 Budget
e. Approval of $604 expenditure for joint lobbyist for the APO
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f. Approval of $379.43 for City's portion of the St. Cloud Area Joint Planning
District expenses to bring the Board's obligations to an end
g. Application for Payment #4 Gopher State - $68,140
Loso made a motion to approve the consent agenda, seconded by Ehlert. The motion passed
unanimously.
Hiemenz stated that the resolution approving the budget establishes a 4% increase.
Weyrens added that they Council reduced the Capital outlays by 20%. She also added that
the budget has been reduced by $100,000 since what was certified in September.
6. Bills Payable and Overtime - Loso made a motion to approve the bills payable, seconded
by Niedenfuer. Weyrens stated that she would like to add one bill to pay the rural loan
$29,155. Hiemenz called the question and the motion passed unanimously. Niedenfuer
made a motion to approve the overtime and ca/louts, seconded by Loso. The motion passed
unanimously. Twit asked why Sergeant Young put in for a half hour less tha!:liAi~ other
officers for d.iversity tr~ining. ~hief Will st,ated that he was there the sa,~".ll't of time as
the other officers. He Just put In for less tlme·+A\µjR4f,.t IltJ'['+07>
7. Public Co,:"ments on the Agenda - GI.adys Sc~neid~ç aSk111.,¡q~oiì~nse fee had
gone up this year. Weyrens stated that It was raise:' .00.¡¡¡11'4]<+ IR;i~
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~k=~~~:~~~di~~.e ~:::~~~~~.:~... ....,~~fya~~1 :~:~~gO~tt:~
hours of the night. Will state· ·,th . '. . 0.· . . 9 Èi, ..; . d that hEFwould check with
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the Snow Joes about sig . ..~h· .' .ty ,'·[.c.w. Jt ;·.·,ails. ·
~ji~$W$"1\r'_ :'_. ¿~~/4rit)_~,:_:_:__ :ß1LlíJ,tf-.::mu:.:_:<_ _ ; ,/,~~ß
Reber asked if the incidef:'~ 041:;.'1, ~ 'haeSe; seWed. He wanted to know if
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the tape of the disorienta .' co'" 'Per·"" cable. Hiemenz stated that he doesn't
know what good that w04 'f; o. I~.' ain ' at they need to keep the tape for 10 years
as evidence, but that if th; .j, s sires, they could copy the tape and check it out to
the public. Reber stated, ^hinks the public should be able to view the "wiener roast" for
themselves. Will stated tit., thinks that the Council should speak with the City attorney
about this issue before tl1êy would make it available to the public. Loso stated that they also
might want to refer it to the Cable Commission as it may not even fit their guidelines for
playing on the public channel.
8. Approve Minutes - Loso made a motion to approve the minutes of November 3dh, 2000,
seconded by Twit. The motion passed unanimously. Twit made a motion to approve the
minutes of December 7, 2000, seconded by Ehlert. Hiemenz had one change to the last
page changing "Sf. Cloud" to "St. PauL" The motion passed unanimously.
9. Tom Borresch Variance Request - Carlson stated that the Planning Commission held a
public hearing on November 13th on Mr. Borresch's variance request. The purposed of the
hearing was to consider a variance request to allow an addition to the building located at Lot
2, Block 1 of the Neu Addition, owned by Tom Borresch without meeting the exterior building
material requirements. The Planning Commission voted to approve the variance to repair
and construct the addition to the building using steel siding without meeting the 50%
requirement in 52.22 Subd. 7(c) provided that the siding materials used consist of a 4 foot
high strip of vinyl material resembling brick be placed on the South side of the building and to
the overhead door on the east side of the structure. Borresch addressed the Council. He
stated that using brick would be very costly for them. They would like to use this brick look ·
alike siding called "nailite." They are proposing suing it on the front side of the building so it is
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· visible from Highwa~ 75. Ehlert stated that this meets the aesthetic requirements that were
contemplated by the! ordinance. Twit stated that it should also be on the west side of the
building as that is al~o visible, He stated that he would like to see it around all sides of the
building. Why shoul~ GM drilling have to look at an unattractive side. Borresch stated that it
isn't cost effective tol put it on all sides. If that were the case, they would just look at
constructing another! building. Twit made a motion to approve the variance with the west side
included. He stated that this is a considerable break from the ordinance requirement of 50%.
Cost should not be considered a hardship for the purposes of granting the variance.
Borresch stated that!he understands the intent of the ordinance, but if that is whatis required,
they may be forced t:o just do nothing. Ehlert seconded the motion for the purposes of
discussion. Ehlert s0ggested that perhaps it could just wraparound to the overhead door on
theWest Side, Borresch said they could look at that and if it's not cost effective, they just
won't do it Twit am~nded his motion to approve the variance with the addition of the nailite
on the west side to the overhead door. Ehlert seconded the motion and it passed
unanimously. Borresch stated that he would just have to put the figures togethE1~ and see
how it came out. ! ....<j(I\\,,:I.';;
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1 . Sidewalk request -i Dick Taufen -Taufen reported that thegl~~_tfiil_111~~~onYmous
letter, regarding a sid,ewalk plowing request. Th~y are reque1'~¡~I!.~~ two ~$'fitional blocks
on Minnesota Street. be plowed, as the rest of Mlnn1.~~ stre;,Jl!hey q~'I'· ntly plow the
e.ast end. .Of M.inneso~.a street from end to.....end. On ttL~.j;ï; rth ~.ij.,.....,.,. ".,~,.,........;.IY PIOW.:..·.......'.t.:...'..Ä..'..'..i.f....'.........i..'."....,..$.,.>.,. the gas. station
and not the two remaining blocks. Hieme ted íll' otilPrYè stat~sìlhaUhe Council
c~n establish a PUbIiP. s~fety district ~ so si;, ·'alks can I~.¡.)r:lflowed. . .
Ntedenfuer made a motion to bll m ',',0. ks as a plllic safetydlstnct
so they will be ploW~d. . n· , oti . unanimously.
. 11. Public Hearing - L~SO' " ' . ;~?~.d~,'1 continuation of the hearing for
Loso's pub. The Council e" (l1.~tìm the penalty for Loso's violations. The
Attorney has informed th . "hi"? eY.I~\'9ive a warning, a penalty, a suspension a
revocation .or a combinatr .. L abt ill e. H~wever, they would like to give Mr. Loso and his
representation an opport~.~IΡ. e&~~!'Mr. Harry Burns addressed the Council. Burns
stated that he is the attorj_1~.r ark Loso, He would like to see the hearing re-opened so
that they could present ell~~ñce. He was unavailable the night of the last meeting. He
stated that he does 80t feel that adequate notice was given for the hearing. He did not
receive his notice until the Monday before the hearing. Mr. Loso received his the week
before. Burns said ~e was out of town until Monday and got his then. He advised his client to
wait, as he could not be present. He does not want his client to be penalized for his inability
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to be available on that date. Burns stated that this is fundamentally unfair and they did not
have.the opportunity¡ to present witnesses or to cross examine, Scherer stated that the
evidentiary portion of the hearing is closed but that the Council will hear any mitigating factors
that Mr. Loso would like to present. Burns stated that they didn't bring any witnesses tonight
as they read the minµtes and knew that the Council had already made their decisions.
Scherer stated that tpe Administrator didn't have the authority to grant a continuance. The
Council was presented with the options and they chose to move forward. They were aware
for your objections to the· notice, but felt that it was sufficient. Twit stated that it would have
helped even if Loso rad come to the meeting and explained the situation, but no-one came.
Hiemenz said again ~hat they could present whatever mitigating factors they would like to
right now. Burns reiterated again that he has serious due process concerns in that there
wasn't proper notice! Lindberg stated that the Council· announced the hearing at the meeting
on November 16 and the meeting was broadcast and re-broadcast on cable over and over. It
was published in the: Newsleader on December 1st. A letter was sent to Mr. LO$o on
November 2ih and iìwascopied to his attorney after that. Chief Will also called Mr. Loso a
. number of times and¡ never got a call back. Loso stated that he only received one call. He
explained that the first violation was a mistake on the part of a bartender. The second the
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bartender was fired and the third a person was waiting to drive one of the employees home.
Loso stated that he didn't think they would be required to wait outside. Scherer asked if new
employees were told about the City ordinances and were aware of what they can and cannot
do. Loso said yes and that there is a written close up procedure.
Ehlert made a motion to impose a $600 fine with $300 stayed and a 3 day suspension stayed
for one year with no same or similar circumstances. Hiemenz seconded the motion.
Niedenfuer stated that this doesn't seem like enough to cover our attorney's fees. Twit made
a motion to amend the original motion to suspend for seven days, with four days stayed and
a $500 fine as long as no same or similar situations occur. Niedenfuer seconded the motion.
The motion passed 4: 1 with Ehlert voting no. Twit stated that the~ need to decide wh ich
three days would be suspended. Scherer suggested January2-4t . . Twit made a motion to
suspend the license January ~d, 3d, and 4h, seconded by Niedenfuer. The motion passed
4: 1 with Ehlert voting no.
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12. Department Head Reports - Carlson stated that he has been working oQ%,i~. of the City
and Park Board as a coordinating member of the Central Minneso~~f~"1.4L!8rkS and
Trails Coordination Board. During the past year and a half, the¡". P;Seloped a set of
priori!ies for the region a~d !~e creation ~f a regional syst~m.";, t ,. ;r1~;ltt board .
meeting, the members prioritized the projects and d~"~lne ¡h8M;' t~~nton(llunty's project
was the top priority of the region. Carlson isse~ki~fiifir?v~';íll:%til¡r~soIJjlln of support for
Benton County's purchase of pmpe:~iIIII'ssl~,ve~g~on.rk. Loso made
a motion to approve the resolution, s~.,.. .:!Y Nj'~ ,'''í4er'WIJle motlon,.;.);..~sed
unanimously. __ ~:., M' ~ ·
;~~:;~:~~;7~~~~~~.'~~~~~!J t~~~~ia~~~' ~B6e~~~ber
1, 2000. While the bond Ie. i' P'llltll,ty will continue to receive assessments
over the next 8 years in t r j;~ mfJ;¡t 9"1: pr~.e'tely $ 154,000. Since the assessments
were originally issued fOr¡Î·ty··, ic\ì.~. it W'tuld ?e reas.onable to tra~~fer the fund bal.ance
and future assessments ....: ty¡§e fund. TWit questioned the deficit fund balance In the
1992 Street Improvemen " . nd if monies should be transferred to support this fund.
Weyrens recommended ti ouncil transfer $10,000 into the 1992 Fund and the balance of
future assessments into the Trunk Sewer Fund. At a future time the Council could transfer
funds out of the Trunk Sewer Fund if needed.
Twit made a motion to close fund 310, DBL Labs Improvement Bond Fund and transfer the
fund balance as well as future assessments to Fund 501, Trunk Sewer Fund. The motion
was seconded by Loso and passed unanimously.
Twit made a motion to transfer $ 10,000 from Fund 501, Trunk Sewer to Fund 308, 1992 East
Baker Street Improvement Bond Fund; seconded by Loso and passed unanimously.
Chief Will reported to the Council that Paul Schley has pneumonia and will be off for a few
days. Will reported that the funeral home is requesting that they be allowed to buy temporary
no parking signs on stakes similar to shat the Police Department currently uses for temporary
no parking situations. They would use them during funerals at the Catholic Church. They will
pay for them and maintain them so there is no cost to the City. Will has reviewed the
situation and recommended that the Council authorize it. Ehlert made a motion to approve
the funeral home's request, seconded by Twit. The motion passed unanimously.
13. Alcohol Matrix - Chief Will reported that the Alcohol Compliance Committee met and put in ·
a lot of effort, time and heated dialogue into the matrix. They were given the U of M matrix as
a model and the Council now has what they put together. The Council can either adopt the
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. matrix, change it, do nothing or send it back for review by the Committee. Hiemenz stated
that he feels thiJ matrix is a very watered down version. Twit agreed. He stated that he does
not agree with récommendation #3 that the violation is by the day and that it is reset back to
zero at the begi~ning of every month. The violation period should be for the licensure period,
12 months. Twit argued, in many of these categories, the City Is telling them that itis ok to
break the law. I
Loso stated that ¡he does not like recommendation #4 that stated that the Council reviews the
City Ordinance 9n person under 19 from being in bars to see if itis still necessary. It was
discussed that this arises for weddings and rented events at some of the establishments.
Twit stated that ~e doesn't like #5 that a charge of under 21 in a bar where the person has
not beendrinkin9 not be considered a bar violation for the matrix system. Will explained that
this was another situation that was discussed in relation to rented events like weddings. An
underage personl may have to walk through the bar to get to the bathroom a wedding
reception. Should that be a bar violation? Twit stated that there will like
that and the matrix should not be nit picked to death. Chief Will the
more situations t~eycover in the matrix, the easier it will be asked
. the Councif if they would like to discuss the matrix tonight
changed the matr;ix to the following:
Violation 1~ 2n
1. Commission of a Revocation
felony related to the !
license I
. Ç; Sale of alcohol
hile license
us ended
. After hours sale day suspension revocation
and $750 fine
4 day suspension revocation
and $750 fine
j. Sale/purchase $150 incid $600 $1,000 and 5 day
to/by an underage I suspension
erson
9' After hour $1~0 $300 $500 $750
consum tion
~. Failure to take $50 $100 $150 Continue at$150
sJeps to stop persons ¡
f om leaving with I
a cohol
8 Sale to intox. $150 $300 $600 $1,000 and 5 day
rson I sus ension
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Will explained that ~he gambling portion was not included as it is regulated by the. state.
Niedenfuer madea'motion to adopt the revised matrix, seconded by Loso. Ehlert stated that
this is very differentifrom what the committee put together. He feelsthat there was a lotof
time put in and nowl it appears it was just wasted. If the Council was going to do this from the
beginning, they shouldn't have sent it back to the Committee. Hiemenz stated that they were
given the original U :of M matrix and told to use that as a starting point The Council had no
idea what the Committee was going to come back with. Niedenfuer stated that in her opinion,
the matrix was very slanted for the bars. She was on the committee and felt that the final
version was too lenient Ehlert stated that although he knows that it won't happen, he would
like the Council to send this back to the Committee for further review. Hiemenz called the
. question and the motion passed 4:1 (Ehlert voting no).
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14. Revised Joint Powers Agreement for the St. Cloud Joint Planning District - Hiemenz
stated that they would like the City to approve this document before the end of the year. Twit
asked if this is tying the City to any future financial obligations. Hiemenz said no. Twit made
a motion to approve the revised joint powers agreement for the Sf. Cloud Joint Planning
District, seconded by Loso. The motion passed unanimously.
15. Phone System Proposal· Lindberg stated that the City was given the option to buy the
Merlin system from the bank for $1,000. We haven't given them a check for the phones as of
yet. The City contacted Schwegel telephones to install the system. When they determined
that the City currently has the Partner system, they recommended upgrading the Partner
system and installing it instead. The Partner system will allow for internet use and voicemail.
Schwegel quoted the city $1713,59 for the system upgrade and installation. Lindberg
explained that the City would have to buy one 18 button phone to do the programming, but
that we would be able to re-use our existing phones. Schwegel also informed the city that
they could get $50 per Merlin phone. Ehlert suggested contacting Greg Reinh:tt the bank
to see if he would be willing to just take the trade in price for the phones in ,11£,,;,: f the
$1 ,000. Lindberg said that although they haven't given them a chec~.t!lrt~¡iC:,:/~fà
gentleman's agreement. Ehlert suggested thatthey ask anyw,a'il'1;'.'i';:h:'~ a motion to
approve the installation of the Partner system and the propol;,:,>;4f7Pf3·Ii,rom Schwegel
telephones. Twit seconded the motion and it passeçJ~£anim:lf.~'Y. ;Ii.
lilt "JI*.'~ .1,
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16. Personnel PoliCY ~ Hiemenz stated"ke:ß i~e place. the agenda
There were a few Issues that w re Id~l2u~l:anlle wanted !~tlbnng them to the
Council's attention. They. tiC~AI_~;w~'(~md have the new Council .
address the~. Lindberg i i t1.i;;.i+:;~"t"tlhe Coun~iI had di~agreed
upon: the sick leave acc. ,edi.' vaPlon was to be Included In the
computation of overtime. . ,Q";'t those were decided upon. Lindberg
stated that we are in the .....e; he~ .......·fñe we discussed these items. It may make
more sense to wait and s,ni;.' on· act andthen address the personnel policy. As it
stands right now, therea1""'.i."'!'+ 0 s1'í1ployees that it applies to: the Administrator and the
Chief of police. Twit stat\l:'the personnel policy should be decided independently and
not as a result of the unid~ontract. Lindberg stated that she agrees but that it might turn
into a book keeping nightmare if there are two employees that have a different policy than the
rest of the employees. The Council can wait and see how the union contract turns out and
then change the personnel policy at that time if they wish. The Council took no further action.
17. Miscellaneous _ Food Shelf -Hiemenz reported that he met with Ann Scherer and Dorothy
Sadlo and they are interested in using the police station for the Food Shelf. They are
currently in the Whitney House, They Mayor would recommend that this be allowed. Twit
asked about the length of time and Hiemenz said they would move in after the Police moved
out. Niedenfuer made a motion to make the existing police department space available for
the food shelf. Twit seconded the motion and it passed unanimously.
18. Reports _ Hiemenz stated that he received a request from the Rod and Gun Club that they
would like a waiver of the portable sign fee for an event they are holding in January. The cost
of the permit is $25.00. Hiemenz added that the fee is low so that it would be affordable for
non profits. The Council took no action on this item. Hiemenz reported that he and Jim
Marthaler attended the Wastewater Advisory Commission meeting today in St. Cloud. The
next meeting will be in 2001. The new Council will have to decide who will serve on this
committee. Twit had no report. Ehlert had no report. Loso stated that he would like approval
to attend the Experienced Officials conference. Ehlert stated that he would also like to .
attend. Lindberg explained that they could make the motion now but that the money would
still come out of the 2001 budget. Twit made a motion to authorize Ehlert and Loso to attend
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. the 2001 Expe~ienced Officials conference, seconded by Hiemenz. The motion passed
unanimously. Niedenfuer had noreport.
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Lindberg stated, that this is her final Council meeting. She would just like to thank the Council
for everything t~eY've done in the past year and a half. She added that the City hasa
fantastic staff and it's been a pleasure to work with each of them. She wished the Council
good luck in their future endeavors and stated that she would miss St. Joseph. Hiemenz
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expressed thanrfOr Lindberg's work on behalf of the Council and wished her well in the
future.
19. Adjourn -Losomade a motion to adjourn at 10.'55, seconded by Twit. The motion passed
unanimously. i
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Respectfully SUbmitted,
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Cari Lindberg J
ClerklAdministrato .
City of St. Joseph
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Mdnorandum
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To: Mayor and City Council
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cc: City Administrator
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From: G~ry D.Will Jr., Chief of Police
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Date: 12/29/00
Re: i
Employment Agreement
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Several issues hav~ appeared relating to my employment agreement with the City. During
the discussions with the City when I was offered the position, r was told that there would not
be a contract. We Mso agreed on some items, but nothing has been pnt into Writing. Thus,
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. the .problems that hrve oCcurred.
r request that the ag~eement between the City and r be put into some form of docnment
Either a contract or Just better spel1ed out so that we are on the same page.
The City does not h~veal1 of the emails that I sent, and there is nothing in the minutes from
the that specify salary, benefits, etc.
If the Council that what I have listed on the next page, is what the council understood
~o be the agreement, if not, but agrees that what is listed is fine, then we just need to put it
I'nto my file. If the not agree or wants. to do something different, then we can
tliscuss it further.
f have attached a of the one email the city does have in my file. The missing email
greed to the lower
thenoriginaI1y proposed; in addition, I agreed to what was in the
U'
llIon contract.
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December 29, 2000
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Salary: $47,000 to start
5% increase each year for 5 years (April 17 each year)
Union cost of living increases each January 1.
Moving Expenses: $2,500
Vacation: 80 hours first year.
Same as union contract after that
Holidays: Sameas union contract, Includes all related provisions ofthe
contract.
Sick Leave: Same as union contract.
Funeral Leave: Same as union contract.
,
Military Leave: Same as union contract.
Insurance: Same as union contract.
Resignation: Same as union contract. .
Sam~'as union contract.
Uniform Allowance:
Retirement: Same as union contract.
Tuition Reimbursement: $1,000 per year
Memberships: $100 per year International Association Chiefs of Police
$75 per year Minnesota Association Chiefs of Police
Conferences: State Chiefs Association yearly,
International Chiefs conference when possible. (2001 is in
Toronto, 2002 is in Minneapolis, etc.)
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. Chiefs Position
Date: 00-03-1010:59:14 EST
From: CQp13141
To: CariStJpe
Cari,
I thought I Would email you fi"t so that it would be easier to refer to when we talked. 111 call you shortly after sending this.
Here is what think would get me there.
Salary: $48,000 with yearly 5% increases each year for 5 years
I would like tp ha", up to 40 hou" of camp time per year for such things as meetings, and other administrati", calls. Eamed
at an hour p~r hour rate not time and a half.
Reasonable inol<ng expenses which would include the cost of a rental truck, gas, food and lodging. This would bB dUhng the
summer for my family and also when I come out.
Because of family, schorn, etc.. I would come out right away but not bring the family out untii this summer. I would like 1
weeks extra vacation the first year so that J could do that.
I would want /0 Ii", In town, but If I am not able to find a place (4 bed rooms) I would like to be able to Ii", where I can find a
place. I
.rest of wh!at the city offers sounds fine to me.
Gary
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Wednesday March 22, 2000 America Online: CarlStJoe Page: 1
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16. ClerklAdminis'trator Report- Schmidt reported on atew upcoming meetings. Schmidt
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asked the CounCil when they wanted to meet on the City hall project. The Council set the
date of April 12tr at 4:30. Twit stated that he does not want the architect there.. Schmidt
stated that it was her recommendation that the. Council postpone the labor union discussion
until the next méeting, but go into closed session regarding Gary Will.
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17. Miscellaneous and Announcementttems - There were no miscellaneous items to discuss.
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18'Closed. ¡essío~ ~ The Council broke for a len minute recess until 1 0:30 PM. . Schmidt staled
that the Council ~oUld be going into closed session on the basis of Minnesota Statutes 13.43,
Subd. 3 General:Personnel records and applicant data. The Council will not be discussing
the public information regarding Gary Will. The Council. will only be Considering any
Confidential data icontainedwithin the background investigation. Schmidt stated that before
the Council goes :into closed session, she would like to give a brief overview Of the
candidates emplÖyment history. From 1983 to 1984, he was an officer in Molla/, Oregon.
From 1984-1985,1 he was an officer in Toledo,Oregon. From February 1985 to May,. 1987 he
was an officer in Coquille, Oregon.. From May of 1987 until April of 1989,hewas the Chief in
Gervais, Oregon. I From March of 1989 until. August of 1991, he was the Chief of Elgin,
Oregon. . From ARrif of 1991 until august of 1991, he was an officer inUmatil/a, Oregon.
From September pf 1992 until May of 1996 he was the Chief ofKlawock, Alaska. From
November of 1996. until July of 1998 he was the. chief of Battle Lake, Minnesota and from
September 1998 until thepresenthe was an officer in Myrtle Point, Oregon.
The Coundl adjoukêdJO closed session. Seven minuteS late: Ihe Council reconvene<!.
Schmidt opened up the discussion. Niedenfuer stated that she wanted to discuss a few
. things. She stated ¡that she had a few concerns with the theme that pervaded the background
investigation. There were more than a few comments that Will may have a problem with
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community relatio~s. He takes isjob seriously and that is a positive, but he is often seen as
unfriendly, Niedenfuer stated that she is concerned that he may come across this way here
as well. I
Loso stated Ihat o~ce the new Chîef is on board. that eschorlhe Council members should sil
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down and talk to him. Schmidt stated that she would recommend that the Council do this as
well. It's beneficial ~o find out what is important to each Council member. Hiemenz stated
that he was asked to clean up the traffic issues in town and that's what he did. He had some
business owners th~t weren't happy with him because of that.
Ehlert slated. that måYbølhis would "'monl having .another conversation wilh Will aboul
these issues. . Schn1idt stated that ifíhe Council was comfortable with it, she would express
their qf)pems to Wi,ll and report back to the. Council. The Council agreed. Loso made a
motion to affirm/he hiring of Police Chief Gary Will,seconded by Ehlert. The motion passed
unammOUSjy. . i
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]' Adjo~m ~1ÚJOLÔso made a motion to adjourn, seconded by Eh/ért. The rno(ion passeq
unanimously. i
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Cari Schmidt. :
. CI,rklAdministrator i
Ci of SlJoseph
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. Dane Bosworth
. Juran & Moody (MJK)
oral Newspap¢, -Legal Noßees SLJoseph News1eader
ex ept construction/Improvements
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Oflcia1 Newspaper - Legal Notices St. Cloud Times
Co struction & Improvemepts
Par Board I 3 year tenn, 7 member board
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1999-2002 Lonnie Abbott
1999-2002 Bruce Berghorst
2001-2004 Jennifer Wirz
2000-2003 John WaIz
r 2000-2003 Marjorie Lesnick
I 2001-2004
Par Board Liaison Kyle Schneider
PIa ing Commission 3 yr. Tenn, 9 member commission
2001-2004 Mike Deutz
2000-2003 Kurt Schneider
1998-2001 S. Kathleen Kalinowski, OSB
2000-2003 Marjorie Lesnick
2001-2004 Jim Graeve
1999-2002 GaryUtsch
P1anringCommission Voting Al Rassier
Liaison i
Police Commissioner Ordinance 21 Mayor Hosch
Prop rties Number Official I Ordinance 31 City Engineer
. Rent 1 Housing Inspector Steve Hagman
Safe Coordinator Dick Taufen
St. C oud Economic Development Chad Carlson
Partn rship . i
SCE P Alternate i Mayor Hosch
St C1 , udArea Planning Distr~ct Mayor Hosch
Boar
SCARD Alternate Bob Loso
Sales ax - Yi cent Mayor Hosch
Cory Ehlert
Judy Weyrens
Stea s County League ofCitks Mayor Hosch
Repre entatives I Bob Loso
Weed Control Commissioner Mayor Hosch
Assist nt Weed Control Mike Sworski
Co ISSlOner
Afför able Housing .~ Draftìng Gary Utsch
Co ittee .
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(All terms are one year unless noted otherwise. Three year terms begin January and end in
January of cited year.)
Acting Mayor Cory Ehlert
APO Executive Committee Mayor Hosch
APO Full Board Mayor Hosch, Planning Commission
Chair
Building Inspector and Compliance Ron Euteneuer
Officer
Cable Commission 3 year tenn - 3 member commission
2000-2003 Tom Nahan
1998c2001 Noreen Loso
Central MN Transportation Alliance Mayor Hosch
CORE Committee Kyle Schneider
Al Rassier
.. Judy Weyrens
Economic Development Authority 6 year term, 5 member authority
1997-2003 Mayor Hosch
1997-2002 Bob Loso
2001-2007 Ross Rieke
2000-2006 Bruce Gohman
1999-2005 Mike Deutz
Emergency Services Director Ordinance No. 27 Bob Loso
Fire Advisory Board Dave Theisen .
Bob Loso
i Judy Weyrens
.. . SJTS Appointment Joe Bechtold
Fire Chief Annual Election, Council confIrmed Dave Theisen
Assistant Fire Chief Randy Torborg
Fire Marshall Dave Theisen
Forester Mike Sworski
Healthy Communities Partnership Mayor Hosch
Cory Ehlert
Health Board Ordinance No. 26. 3 yr. Term, 3 member
board
2001-2004 Thomas Newton, MD
1999-2002 Randy Torborg
2000-2003 Ken Twit
Hiring Committee / Police Interview Mayor Hosch
Bob Loso
Cory Ehlert
Kyle Schneider
Al Rassier
Historian Ken Kuebe1beck
Investment Advisory Board Ken Twit
Duane Sorenson
Judy Weyrens
Joint Planning and OAB Al Rassier
Official Depositories lSf State Bank of St. Joseph
US Bank .
Smith Bamey Shearson
Prudential Securities
. St. Joeseph City Council meetings forthcoming shallbesubjecttoRoberts
Rules of Order.lh particular any issues relating to, but not limited to,
obtåining theflo~r.
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Obtaining the Floor
A member must 6btain the floor before making a motion or addressing the
assembly in debate.
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fthe memberis¿ntitled to thefloor,thechairrecognizesthe.memberand
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assigns the floor by announcing his or her name.
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fa member risestefore the flooris yielded, oris standing at the time, he or
he does not have the right to obtain the floor if anyone else rises afterward
nd addresses the;chair. It is out of order to be standing when another has the
foor. A tnemÞerrhOYiOlateSthe rules cannot claim precedence.
fter amember islassignedthe floor, he or she can only be interrupted by a)
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motion to reconsider; b) apoint of order; c) an. objection to the
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. onsidErt#ion oftl¡eq~esti()n; d) a call [or the orders of the day (when they
re not conformed!tQ); e) a question of privilege; f) a request or demand that
tl e question be divJded (when it consists of more than one independent
lsolutionondifferentsubjects); g)aparliamentaryinqUiry;f)r h) a~equest
f i1iformation (when it requires innnediate answer). After a member
etitied to the floot begins to speak, these eight cases are used only when
t ' eirapplication is ¡urgent.
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1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 320.229.4301 FAX
architecture . engineering environmental transportation
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RE: St. Joseph, Minnesota
City Engineer·Services
SEH No. A-STJOEOlO1.00 10
Hono able Mayor and City Council
c/o s. Cari Schmidt I
ClerrdministratorrrreaslUrer
CItyfSt. Joseph i
21 Nfwest first Avenue
P.O. . ox 668 I
St. Jo'eph, MN56374-06618 .
Dear Mayor and Members 10fthe Council:
On be~a1f of the entire sta~ at SEH, I wish to thank you for the engineering work you entrusted to
our care during the past year. We enjoy working with you and with City staff, and appreciate the
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OPPo~mty to serve as your Ity ngmeer. .
. As mast years, our hourl~ rate schedule for professional services wiIl remain unchanged through
March 2001, This schedule will be adjusted in April, and will be submitted for your review and
appro al in late March. The adjustment is expected to be approximately 3.0 percent.
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Again, thank you, and best wishes for the coming new year.
Sincer ly,
djg
w:\stjoe\corr\2 00 rate letter.doc
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Short Elliott Hendrickson Inc. . Offices located throughout the Upper Midwest . Equal Opportunity Employer
J1lé help you Plan, design, and achieve.
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