HomeMy WebLinkAbout2003 [01] Jan 02
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January 2, 2003
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular sessioh
on Thursday, January 2, 2003 at 7:00 PM in the St. Joseph City Hall. i I
Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier~
Administrator Judy Weyrens.
City Representatives Present: City Engineer Joe Bettendorf, SEH - Shannon Smith.
Others Present: Ross Rieke, Dale Wick,
Approve Aaenda: Loso made a motion to approve the agenda with the fallowing additions: 6 (d)
Application for Payment - Molitor Excavating; 15 (d) Cable Commission Salary Request. The
motion was seconded by Ehlert and passed unanimously. 1
APprove Consent Aaenda: Loso made a motion to approve consent agenda as submitted. A
motion was seconded by Ehlert and passed unanimously.
a.
b.
c.
Bills Payable - Approve check numbers 032171 - 032307 I
Minutes - Approve December 19, 2002 I
2002 Audit - Authorized Administrator to execute the contract for the 2002 audit, hiring
KDV at an expenditure of $9,350. ¡' 'I
Engineer Rates - Accept the 2003 Engineering rates for SEH. i
Application for Payment NO.3: - Authorize the Mayor to execute Pay Application No.3
for the 2002 SE Sewer and Water Main Extension and authorize payment to Kuechle I
Underground, Inc. in the amount of $1,092.50. I
d.
e.
Discussion: Ehlert questioned the audit service expenditure and how it compares to the
2001 expenditure. Weyrens stated the Gity paid KDV $ 8,900 for the 2001 Audit. Thé
Gity will solicit quotes for audit services for the year ending 20~3. I
Junk Car Ordinance: Ehlert stated that he and Councilor Rassier met with JR Studniski of JR's Mobill to
discuss the Junk Car Ordinance. Studniski requested the Council revise the Junk Car Ordinance to allow
him to leave unlicensed and inoperable vehicles on the property adjacent to his business. Studniski i
claims that his business predates the revised Ordinance and the new provisions should not apply. Hosch
clarified that the Ordinance Amendment did not change the provisions of storing an unlicensed or 1
inoperable vehicles outside. Therefore, the amended Ordinance does not restrict Studniski additionally.
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Ehlert and Rassier stated that Studniski agreed to install a fence, but has some concerns in doing so.1
First, the property used for storage by Studniski is leased, thereby making it impossible to install a fence
without approval of the property owner. I I
Secondly, while Studniski is not opposed to installing a fence, at this time he is only willing to providing
screening along Second Avenue NW. Ehlert stated that in the absence of complaints from the I
surrounding property owners, he feel that this screening would be adequate. I
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Rassier stated that he would be willing to allow Studniski until July 1, 2003 to construct a fence parallel to
Second Avenue NW to screening vehicle storage. Rassier stated that the City is working on bringing'all
properties, (including businesses), into compliance with the Ordinance, ,
and believes that the proposed screening would bring the property in question ¡into compliance.
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Hosch reminded the Council that this Ordinance wili be enforced City-wide and all property owners mlust
be given the same consideration. Ehlert stated that the Ordinance simply states that unlicensed and I
inoperable vehicles must be screened from public view. Therefore, he too feels the proposed screening
would bring the property into compliance. I
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Ehlert inquired with regard to financial assistance available for the proposed screening. Weyrens agreed
to investigate the options available for a project such as this. I
January 2, 2003
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Hosch made a motion allowing Studnski until July 1, 2003 to have a one sided fence installed at 13
_ 2nd Avenue NW with the property completely fenced by July 1, 2004 (four sided fence). In
addition the City Office staff will check for available funding sources and assist the property
owner if applicable. The motion was seconded by Loso and passed unanimously.
Discussion: Schneider questioned if the Gity Gouncil is willing to review this Ordinance every
time a property owner complains or give every property owner 18 months to conform to the
Ordinance. Hosch stated that he understands that individual situations may arise and he is
willing to deal with each one in an effort to bring all the properties into compliance. Rassier
concurred with Hosch and stated that unique situations may arise that require the Gouncil to give
a property owner an extended period of time to comply with an Ordinance.
City Engineer Reports
2002 Street Improvement - Financial Summary: City Engineer Joe Bettendorf presented the Council with
an updated financial statement for the 2002 Street Projects.
Construction Total
County Road 121 1,555,224 233,000 181,030 $1,944,030
Business Park 428,217 70,000 115,925 $ 614,142
SE Utilities 362,519 65,000 122,897 $ 550,416
2002 Interior Streets 1,145,000 250,000 2,172 $1,397,172
Baker Lift Station 161,841 31,000 -1,869 $ 190,972
All Projects 3,627,577 649,000 420,155 $4,696,732
Loso questioned if the loss of Muncipal State Aid Funding will have an effect on the bond issue for the
2002 Street Improvement Projects. Weyrens stated that the City may have to wait an additional year
before the full funding will be received as the census appeal was denied. Annually, the State
Demographer estimates the population based on the ten year census number. The City was given an
adjusted population for December 31,2000 of 4912. The City has requested an adjusted population
figure for 2001, as 57 homes were constructed. Using the per household number for each new home,
the City will have a population over 5000.
Parkinc Lot Improvements: Bettendorf presented the Council with information regarding the proposed
parking lot improvements for three City parks. Bettendorf stated the Council had requested a quote for
replacing the paved parking lot at Memorial Park and constructing bituminous parking lots at Millstream
and Monument Parks. The estimates are as follows:
Monument Park
$ 8,162 Blacktop the existing gravel.
Memorial Park
$11,629 Blacktop parking lot by the concession stand and the
main road coming down the hill.
$22,258 Replace the blacktop from the County Road down to the
existing blacktop.
Millstream Park
$42,049
Loso questioned if the entire parking area at Millstream was reviewed as it is his understanding that the
current parking lot has some issues with erosion. Ehlert stated that he met with Engineer Amy Schaefer
regarding the parking lot and wouid encourage the Councii to consider paving the entire area. Loso
questioned if the contingency funds of the 2002 Street Project could be used for this purpose as the
proposed projects were not part of the original project scope. Bettendorf stated it is his understanding
they can be used for the parking lot improvement.
The Council agreed that the improvements for Memorial and Monument Parks should be completed as
submitted by Bettendorf. The Council requested that Bettendorf review the parking area at Millstream
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January 2, 2p03
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Park and bring additional information back to the Council forcpnsideration. Bettendorf further stated that
if the Council is agreeable to move forward with the improvements he will contact the contractor I
authorizing a change order for the project, using the same quantity prices for the improvements.
Loso made a motion authorizing Bettendorf to prepare the required docu~entation for a c~anJe
Order for the 2002 Street Improvement Project paving the parking areas at Monument and '
Memorial Parks. The motion was seconded by Ehlert and passed unanimously.
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Molitor Excavatina. Pav Application 5: Bettendorf presented the Council with an application for Payment
for Molitor Excavating for the 2002 Business Park Improvement. Bettendorf stated that the Business ~ark
improvements are completed with the exception of some restoration. The payment requested in not the
final payment and the City is still holding the project retainage to assure that all outstanding issues be i
resolved. ¡ J
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Rassier made a motion to authorizing the Mayor to execute Application for Payment No.5 to
Molitor Excavating, authorizing payment in the amount of $ 92,583.78. The motion was secon ed
by Ehlert and passed unanimously. ' I
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COUNCIL REPORTS
LOSO - No Report.
RASSIER - No Report.
EHLERT - No Report.
SCHNEIDER - No Report.
Adiourn: Loso made motion to adjourn at 7:55 PM; seconded by Rassier and passed
unanimously.
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Mayor Elect Larry Hosch reconvened the meeting at 8:00 PM with Weyrens administering the Oath of
Office to Mayor Elect Larry Hosch, Councilor Elect Ross Rieke and Councilor Elect Dale Wick. I
Public Comments to the Aaenda: No one present wished to speak.
Communitv Service Awards: Mayor Hosch presented Bob Loso and Cory Ehlert with a Community
Service award and thanked them for their years of service on the City Council.
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Liabilitv Insurance: Peter Omann appeared before the Council to discuss the League of Minnesota Cities
Liability Insurance. The City is insured through the League of Minnesota Insurance Trust for both liability
and workers compensation. Each December the City must renew the liability insurance and discuss lithe
tort liability limits. Om ann stated that under State Statute the maximum the City can be sued for is
$ 300,000 per person, $ 1,000,000 aggregate. The City has the option of waiving the Statutory limits
allowing a person to sue the City in excess of $ 300,000 per person in the event of injury or damage·1
Waiving the cap will result in an increase of premium of approximately $ 825 annually. I
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Rassier questioned if the City would still be insured by the League of Minnesota Cities Insurance TrJst if
the limit is waived and if the additional insurance premium helps fully fund the insurance trust. Omann
stated that the policy being discussed is the League of Minnesota Cities Insurance Trust and the CitY will
continue with the same insurance policy as in the past. As far as funding the' trust, the additional i
premium does not increase the trust pool. Each year the LMCIT refunds a dividend to the participants
based on the strength of the insurance. ..' I
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Rieke clarified that waiving the liability cap is in reality over insurí).Òé¡'o\;TheCityis payihg an additional
premium so that someone can sue the City in excess of $ 300,000. Rieke questioned if this matter has
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January 2, 2003
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been discussed with the City Attorney. Weyrens stated that she has not discussed this matter with the
City Attorney as the decision before the Council only relates to the amount of coverage that is provided.
Omann clarified that choosing to waive the liability limit is strictly a policy decision made by each City. I
Hosch stated that he would prefer to discuss the waiver of liability limit and increased premium during the
budget process. At this time the budget for 2003 has been adopted and he would support denying the
waiver at this time.
Rassier made a motion not to waive the Statutory Tort Limits and maintain the same level of
property and liability insurance as in the past. The motion was seconded by Schneider and
passed unanimously.
Police Chief Reports: Poi ice Chief Pete Jansky presented the Council with the members of the Police
Department including full time officers, part time officers, office staff and reserve officers. Jansky stated
that the Police Department will be conducting a monthly department meeting and wanted to take this
opportunity to introduce the entire staff to the City Council.
Tobacco Matrix: Jansky informed the Council that the required Tobacco Compliance check was
completed recently with two establishments failing the check. In an effort to expedite the fine process,
Jansky requested the Council adopt a Tobacco Matrix assessing an administrative fine to the
establishments failing the compliance checks. Currently any establishment found not to be in compliance
must appear before the Council and the Council imposes a fine. Jansky stated that most municipalities
have a fine established, and only establishments appealing the fine or repeat offenders need to appear
before the Council.
Rassier stated that he has reviewed the proposed matrix and in his opinion $ 75.00 is too high for a first
violation as is the $ 200 for the second violation. Rassier stated that he would support a warning on the
first violation with a $ 50.00 fine for a second violation. Hosch stated it is his opinion that the fine for the
first violation should be the same as the violation for selling alcohol to minors. In his opinion the is no I
difference between selling cigarettes and alcohol to minors. Wick inquired as to the annual license fee, to
which Weyrens responded establishments are charged $ 50 annually to sell tobacco. With the license
fee being $ 50.00, Wick questioned whether or not the fee for a first violation should exceed the annual
license fee.
After considerable discussion, Hosch made a motion to adopt the Tobacco Matrix as stated below.
The motion was seconded by Rassier.
1" Violation
2"d Violation within 24 months
3"' Violation within 24 months
Tobacco License Violation Matrix
$ 50.00
$ 200.00
$ 250.00 and 7 day suspension
Violations during a suspension
Selling while suspended
Selling to a minor while suspended
$ 50.00
$ 75.00 + hearing before the Council
Ayes: Hosch, Wick, Rieke
Nays: Rassier Abstain: Schneider Motion Carried 3:1:1
ADMINISTRATOR REPORTS
Treasurer's Report: Weyrens presented the Council with the financial report as of December 31,2002.
Weyrens stated that while many of the amounts indicate negative balances, some revenue streams have
exceeded project costs to help defray the negative numbers. For example, the amount budgeted for I
Building Inspection has exceed the budget expenditure by $ 42,000, while the revenue exceeded the
projection by $ 72,000. Weyrens stated that she will provide a more detailed report at a future meeting.
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January 2, 2Ù03
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Weyrens requested the Council establish the following funds: Fund 155 - TIF District 1-3 SKN I
Properties; Fund 156 - TIF District 1-4 St. Joe Development (Vic West); and Fund 120 - Capital Projects.
Rassier made a motion to establish Funds 155, 156 and 120 as requested. The motion was I
seconded by Rieke and passed unanimously. '
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Weyrens requested the Council close funds 309 - Water Storage and 314 - Water Filtration. The cityl
refinanced the two bond funds creating a new fund, 326 Water Revenue Bonds. Weyrens requested that
any residual fund balance be transferred to the new bond fund 326. Rieke made a motion to close I
funds 309 and 314 with the fund balances being transferred into fund 326, Water Revenue Bonds.
The motion was seconded by Rassier and passed unanimously. I
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Capital Investment Fund: Weyrens stated that the Council needs to make a determination before
January 31 , 2003 if the City will participate in the Minnesota Community Capital Fund (MCCF). MCCF is
a non-profit, self-governed organization that has been formed for the purpose of developing, funding and
operating a flexible self-sustaining development loan fund as a new development funding resource. i
Weyrens stated the MCCF will provide gap financing by issuing low interest loans. Investing $ 25,000 I'
into the fund will allow St. Joseph to offer gap financing ten times the amount invested. As funds are
loaned they are immediately sold on the secondary market leaving the MCCF loan fund with a constal]t
balance. Weyrens stated that if the City invests in the fund, the expenditure must be taken from the I
reserve balance. I
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Hosch stated that this matter has been reviewed by the St. Joseph EDA and they have recommended the
Council participate in the program. During a planning session of the EDA one of the mission statements
included the establishment of, a revolving loan fund. The financing of the Vic West project included a I
small revolving loan fund with funds being secured from the Department of Trade and Economic
Development. As that loan is repaid, the City retains the principal and interest and can use these funds
to reimburse the City the investment into the MCCF.
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Newlv Elected Conference: Weyrens presented the Council with information regarding the League of
Minnesota Cities sponsored Newly Elected Conference. The conference is held throughout January and
February with a registration fee of $ 150.00. Hosch made a motion authorizing the registration of
Wick and Rieke to attend the annual conference. The motion was seconded by Schneider and
passed unanimously. I
Cable Commission - Salarv Reauest: Weyrens stated the Cable Commission is requesting authorization
to begin collecting a salary of $ 200.00 monthly for each two Commissioners. The salary was included in
the 2003 budget. Rassier questioned if the amount collected from the franchise fee will cover the total
cost of operating the cable access system. Weyrens stated that the salary proposed was included in'the
operation budget for 2003 and sufficient funds should be available. Rassier stated that he questions 'what
will happen if the salary exceeds the amount budgeted. Weyrens stated that all departments are awère
that their total budget for 2003 can not be exceeded and the Cable Commission would need to determine
where they would cut their budget in the event the salaries will put them over budget. ,I
Commissioner Tom Nahan stated that the Commission does not receive 100% of the franchise fees 'as a
portion of the fees are credited to the building expenses for rent and telephone. Nahan stated the salary
requested is part of the approved budget and recommend the Council adopt the salary as requested.
Schneider made a motion to establish a salary of $ 200 per month for Cable Commissioners Tom
Nahan and Noreen Loso. The motion was seconded by Wick and passed unanimously. I
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Appointments: Hosch stated that he has not completed the 2003 appointments and is requesting I
authorization to establish the following new committees: I
1. School Search Committee: A committee to actively pursue the development of a high
school in St. Joseph.
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Rassier made a motion to participate in the Minnesota Community Capital Fund with a
contribution of $ 25,000. The motion was seconded by Rieke and passed unanimously.
MAYOR REPORTS
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January 2, 2003
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2.
Ethics Committee: A committee that will establish an ethics policy for all Council and
Board Members. This committee will require all Council Members and Board Members to
disclose conflicts of interest and serve as a review board for complaints regarding those
members. This committee would not include any City representation.
Downtown Design Committee: A committee that would work to try and develop the
downtown area with a common theme while restoring present store fronts when possible.
3.
Rassier stated that he would like additional information as to what the mission statement will be for each
committee before authorizing their formation. Hosch stated that he is requesting formation of the
committees at this time so that membership may be solicited. Rassier stated that he does not believe in
establishing a committee that does not have direction from the Council. Rieke stated it is his
understanding that establishing the committee is the first level and the direction will be determined before
the committee members are appointed.
Schneider made a motion to advertise for membership to the following new committees: School
Search Committee; Ethics Committee; Downtown Design Committee. The Committees will not
receive compensation. Mission statements will be determined by Council prior to the first
meeting of each committee. The motion was seconded by Rassier and passed unanimously.
Adiourn: Rieke made a motion to adjourn at 9:25 PM; seconded by Wick and passed unanimously.
~d7~~
Jud Weyrens
ministrator
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