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HomeMy WebLinkAbout1997 [03] Mar 20 I I I Page 3096 March 20" 1997 I I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular'session on Thursday, March 20, 1997 at 7:00 p.m. in the St. Joseph City Hall. I I Members Present: Mayor Kenneth Hiemenz. Councilors Bob Loso, Cory Ehlert, Ken Twit, Mary Niedenfuer. Deputy Clerk Judy Weyrens. I Others Present: Bud Reber, Fred Reber, Ellen Wahlstrom, James Schwagel, Steve Streng, Dan Scherer, Ken Hienen, Mike Deutz, Dave Theisen, John Rist. , ! I , Approve Agenda: Loso made a motion to approve the agenda with the addition of Miscellaneous and Announcement Items; seconded by Twit. Ayes: Hiemenz, Loso, Twit, Niedenfuer Nays: None. Motion Carried 4:0:0 Cory Ehlert arrived 7:04 p.m. I I Consent A~enda: Loso made a motion to approve the minutes of the March 6, 1997 Council meeting with the following corrections: 1. Miscellaneous Items #2, Ehlert will be representing the City Council and Planning Commission; 2. Niedenfuer voted Nay on the motion to refer the purchase agreentent to the City Attorney. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Loso made a motion to approve the consent agenda: Minutes of March 6, 1997 and the Sex Offender Registration and Notification Policy; seconded by Niedenfuer Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 I i I Public Comments: Bud Reber discussed a recent article in the St. Toseph Newsleader where a City Official responded negatively to additional business locating in St. Joseph. He stated that the City has , been actively working at increasing the tax base both by belonging to the St. Goud Area Economic , Development Partnership and recentlyforming an Economic Development Authority. It is Reber's opinion that the City Council should be supportive of the development efforts. Niedenfuer stated that sh", made the comment and it wa~ taken out of context. Since that time she has apologized to I representatives of Taco John and regrets making the comment. She stated that her concern is that the City be cautious as to the types of business that are permitted and encourage the development ofl specialty businesses. Ellen W ahlstrom questioned at what point does the City discourage competition for the local , bti~j1:¡~~~~$. The local businesses cannot compete with large chains and the City should do what they can tp retain the existing businesses. I ' ",- i Fred Reber questioned if St. Ben's is assessed for fire protection based on a formula, and if so what is thl! formula. Reber stated that his taxes are continually increasing and feels that St. Ben's should be p~ying more for the services they receive. He stated that a recent article in the St. Goud Times I indicated the amount that St. Stephen and Brockway Township are paying for fire protection, which is significantly more than St. Ben's contributes. P3g\' 3097 MaIbh 20, 1997 Loso responded that the City cannot require St. Ben's to contribute for fire protection as th~y are a non- I profit orgaruzation and are exempt from paying taxes. The Fire Board approached St. Benjs for additional funds and as a result of this meeting they increased their annual contribution frþm $5,000 to $10,000. Twit stated by law the Fire Department is required to provide fire,: protection and r' ,e cannot assess them. This is a common problem faced by many Cities. i ' Bills Pavable: Weyrens presented the bills payable. Hiemenz questioned the legal fees with regard to Ordinances. Weyrens stated that the Council received new Ordinance Books and a large pþrtion of that expense was the reproduction and binders for the Ordinance Books. Twit questioned whJther this expense should have been approved before the expense was incurred. The Council requJted to receive a copy of the detailed attorney bill with the bills payable listing. Councilors also discussed the transcription fees and how they are incurred. Ehlert made a motion to approve the bills pJyable, check numbers 23793 - 23825, as presented. The motion was seconded by Twit Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Overtime and Call outs: Twit questioned overtime earned for meeting attendance and if this is a requirement of the job. If the overtime is encountered to take minutes that may be accontplished in a more cost efficient manner. Loso responded that MN Statutes clarify that the Oerk/ Adm! is responsible for City Council minutes. Additionally, all employees are allowed to earn Corhpensatory time and the Council cannot dictate how or when they use that time. Hiemenz stated the ¡City needs to be cautious in dealing with overtime and we need to refer to FLSA for clarification. Loso!stated the Council reviewed this matter at length a couple of years ago and made a motion to appro\'e the overtime and call outs as presented; seconded by Niedenfuer. I Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 MAYOR REPORTS Personnel Policy Update: Hiemenz requested authorization to instruct the Personnel Committee to review the existing Personnel Policy and update as necessary. Additionally, the CommitJe should review the material on Exempt -vs- Non Exempt employees. Hiemenz stated that he has ~ the information from when the Council addressed this issue previously. Loso encouraged th¢ Council to review all the material from the previous discussions. Niedenfuer made a motion authoribg the Personnel Committee to meet as necessary to update and review the Personnel Policy. TI-lis review should be complete within 60 days. The motion was seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Police Escort: Hiemenz stated the Council still has the outstanding issue as to whether orlnot the City will contribute funds to send the Police Chief to Washington D.C. when Officer Klinefelter s name is placed on the Fallen Officer Monument He stated that he discussed using funds from thè Klinefelter Fund (tee shirt funds) with Lindgren and Lindgren was uncomfortable using the funds fdr this purpose. Ehlert will discuss this further during his report I i Economic Partnership: Hiemenz recently attended an Economic Partnei-ship meeting wliere they I discussed the airlines servicing the St. Ooud Area. The Airline proposing to join Norwesl: at the St Ooud Allport has recently reported financial difficulty and will not be locating in St. Oo$.d. Further, Norwest is discussing the possibility of leaving ,the St. Ooud Facility. I I I i Page i 3098 March 20; 1997 St. Cloud Area Planning Organization Meeting: Hiemenz recently attended the APO meeting Jhere Carl Stich discussed the St. Wendel Utility dilemma. After the meeting Hiemenz further discus~ed the matter with Stich and discovered Stich did not have a clear understanding the process. If it appears that financially it would work to service St. Wendel Township, Stich is requesting to have joint meetings with the City Council and Planning Commission. Additionally, Stich stated that all the easements are in place should St. Wendel be serviced by St. Joseph. . ': I Industrial Development: Hiemenz reported that he met with a prospective business wishing to relocate. The business has narrowed the site selection to three cities and St. Joseph is one of them. This business would like to break ground by December 1997. I Joseph Street: Hiemenz, Dick Taufen, Public Works Director, and property owners along Joseph Street met to discuss the drainage problems on Joseph Street. To help the drainage the City maintenance will do some trenching and haul in fill on private property with the permission of the property owners. Park Board Appointment: Hiemenz stated that he has reviewed the applications for the Park Blard and is ready to make his appointment. Before making his decision he made numerous attempts 'to contact the Chair of the Park Board to receive input. As the Chair of the Park Board did not retuÍn phone calls initiated by the Màyor, Hiemenz is requesting the City Council appoint Dave Thomå.s to the Park Board, filling the vacant term expiring in 1999. Hiemenz feels that Thomas best fills the'need and will bring diversity to the Board. Niedenfuer made a motion to appoint Dave Thomas to thEl Park Board as requested by Mayor Hiemenz; seconded by Twit. ! DISCUSSION Twit questioned the background of Thomas. Hiemenz responded that he has lived in other areas and has exposure to park system. One of his goals is to prevent gang activities in St. Joseph. Loso ! questioned what happened to the past policy of the subsidiary Boards being able to recommend ! individuals to fill vacancies. ' Hiemenz responded that the St. Joseph Ordinance states that the Mayor appoints the members and is ratified by the City Council. Additionally, he made numerous attempts to contact the Chair of the Park Board who did not retum his phone messages and he did contact the City Attorney for his opinion before making this recommendation. Loso stated that the Park Board did place an ad for interested persons in November, but due to the Holiday Season they chose to wait until after the New Year to recommend appointment. The Park Board feels that they are not given the I ' opportunity to have input in the selecfion c;'f ~ew members. Twit questioned if the Park Board By Laws give the Park Board the authority to seleçt fueir own members and if the By Laws and Ordinance are in conflict. Hiemenz stated that the By Laws slWµld not over rule the Ordinance. i Ayes: Hiemenz, Twit, Nied~~r " ' , Nays: Loso, Ehlert I\1qnpn~<f3:+:0 Hiemenz requested that a letter be sent to T1¡.qmas stating that he has been appointed to the Park Board to fill a term that expires in 1999. At the end of his term he, as well as any other interested citizeh, will have the opportunity to apply for a three year term to the Board. Ehlert stated it is important foi the Council and Subsidiary Boards to establish a good working relationship. pagJ 3099 March 20, 1997 Councilor Reports TWIT TlF (Tax Increment Financing) Conference: Twit reported that he recently attend a seminar on TIF Financing. The speaker, David Drown, discussed the basic and mechanics of TlF Financint;. Loso requested that some time a presentation be made for the public and the Council as to whatjTlF is and the impact on City financing. Twit stated that there is a bill before the Legislature to abolish TlF inclucting existing districts. Twit briefly discussed the mechanics of TlF and stated there are different types of districts, but retail cannot be included. ; 1 Economic Development Authority (EDA): The EDA met on March IS, 1~ and establish a ranking criteria for reviewing the 30 applications received for EDA Director. The field of candidaMs will be narrowed to 3 -5 for interviews. : I Investment Committee: The next meeting of the Investment Committee will be on March 25, 1997. Housing Seminar: Twit stated that he will be attencting the Housing ~ar sponsored II the Central Minnesota Initiative Fund on April 16, 1997. I Liquor License Holder Concerns:' Twit stated that he has been contactedlby four (4) of th Liquor License Holders regarcting the application made on behalf of the College of St. Benedict ,wit encourages all Councilors to talk to the license holders before the next Council meeting. EHLERT Police Escort Ehlert reported on the use of funds from the Klinefelter Fund (tee shirt sales). He stated that Lindgren is uncomfortable using money from this fund for the Washington Trip. The entire family is going and they did not request functing. Twit stated that he received two (2) p~one calls from residents who questioned the benefit to the taxpayer for allowing such an expenditure. Twit stated he could only respond it would be good for the morale of the Police Department. While he feels there is some obligation on the part of the City, he also feels that the City has contributed signific!mtly. Hiemenz stated that the City has not spent much money. Niedenfuer feels that since Klinkfelter lost his life defending St. Joseph the expenditure is appropriate. It is an honor to be placed on thJ monument. Ehlert stated he personally has no problem supporting the expenditure, but questions ho~ the public would respond to such an expenditure. At this time Ehlert requested that Hiemenz o~ the floor to the public for input. Hiemenz opened the floor for comment i J Jim Graeve: Understands the Police Chief is uncomfortable requesting the money and suggested the Council pass a resolution requesting functing assistance, taking the matter out of the ,ands of the Chief. Graeve also stated that many residents of St. Joseph contributed to the Fund and he feels they would see it an appropriate use of the donated funds. · I Mike Deutz: Questioned if the Chief will be paid while he is in Washington. Hierp.enz responded that Lindgren will be using his vacation time. While he is on vacation he will hot be on City time or eligible for associated benefits. Deutz also questioned if the City is setting precedknce and stated that he would not be supportive of using City Funds to support the trip to W ashin~n. He concurred with Graeve, it would be an appropriate expenditure to draw from the Klinefl'lter Fund. He too stated that the residents of St. Joseph contributed greatly to the fund. Loso read a statement from a letter written by Brad Lindgren where he stated that he will go to Washington regardless of the City contribution and wm be glad to pay for the entire trip. , . I I I I Page 3100 March 20; 1997 I After listening to the public comments and Council comments, Twit made a motion stating the I following: The St. Joseph City Council understands the importance of the presence of Police chief Brad Lindgren at the ceremony when Officer Klinefelter's name is placed on the fallen Officer Monutnent in Washington DC. However, after soliciting citizen input as to the appropriateness of using CitY Funds to send the Police Chief to Washington DC it was deemed more appropriate to receive the necessary fundmg from the Klinefelter Fund (tee shirt fund). Therefore the City will not authorize any City Funds for the expenses incurred by Chief Lindgren while attending the ceremony. The motion Was seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Comprehensive Plan: The Planning Commission has been working on updating the Comprehensive Plan and the Council should have received á draft. Any corrections should be submitted to the City Offices before the next meeting as it will be an agenda item for April 3, 1997. L~ I Cable Commission: Loso stated that the Cable Commission will have an organizational meetinJ on March 25, 1997 at the home of Shari Claire' s,702 Ash Street West. The meeting is being held at Claire's residence due to a recent injury which confines her to her home. I , I Monte Estvold . Fire Hall Bond Sale: Monte Estvold, City Bond Counsel, informed the Council that six (6) bids were received for the bonds for the Fire Hall. All the bids were good bids and the low bidder was Dain Bosworth with a net interest rate of 5.5266%. The bid tabulation is as follows: I Dain Bosworth Piper Jaffray Norwest Investment John Kinnard Cronin & Co. Dougherty, Dawkins 5.5266% 5.599% 5.6194% 5.6279% 5.6693% 5.7087% Estvold discussed that the City has a bond rating of Baa3. Twit questioned the comment on theating sheet with regard to the debt load of the City. Accordmg to the rating St. Joseph has an above avkrage debt for the size of City. Estvold stated that when the City is rated Bond Counsel does not take uito account that the Township is responsible for a portion of the bonds. Loso questioned what factdrs are considered when a City is rated. Estvold stated the following three factors are considered when iating: 1) Fiscal Management; 2) What type of growth the City is experiencing; 3) Tax base .vs- debt level. There being no further questions, Loso made a motion authorizing the issuance, awarding the sale to the low biddér, Dain Bosworth, prescribing the form and details and providing for the payment of $ 1,235,000 General Obligation Bonds of 1997. (See exhibit A) This motion also approves the Supplemental resolution relating to $1,235,000 General Obligation Bonds of 1997. (See exhibit B) The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 I j "" Mar¢h 20, 1997 NIEDENFUER CORE: Niedenfuer stated that Core met on March 19 and discussed the following: I , i 1. Lighting: CORE members were asked to identify areas where additional street lighting is needed. City maps were distributed and members were asked to return them to the City Offic~. Niedenfuer also discussed the need to provide for a sidewalk along County Road ~21. Hiemenz retorted that County Road 121 is scheduled for reconstruction in 1999. During the planning stages sldewalks can be discussed. ,I 2. Neighborhood Meetings: Brad Lindgren suggested distributing welc~me packets to s4dents. These packets should include City Ordinances and expectations, a letter from an OfficJù and possibly vendor coupons. ! I 3. Community Day: As the St. Joseph Parish does not feel that the current Community Day is effective, CORE discussed alternatives. A suggestion includes replacing Community nay with an Octoberfest possibly using the parking lots of the 1" State Bank and St. Joseph Meat MArket. The Octoberfest would include a craft exhibit area. ; I 4. Disorientation Party: The Disorientation Party is scheduled for May 23, 1997, the day before St. Benedict's graduation. Plans include the possibility of having large prize drawings wb.ere the students must be present to win. Planners are working at trying to keep the students bn campus. Therefore, the party might be extended to 4:00 a.m. with food being served after 1:00 p.m. 5. Disorderly House: CORE discussed the proposed Disorderly House Ordinance. urmt review of the proposed Ordinance, the attorney for the Landlord's Association expressed concern ~g the last paragraph addressing accountability. Niedenfuer made a motiorl authorizing the ¡City Attorney to work with the Landlords Association Attorney to see if the wording can be changedl to meet the needs of both the City and Landlords. Further, the City Council limits the Attorney time to 1 hour. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 6, Bus Stop: Ross Rieke will be checking with US West to see if they would allow a permanent bus stop at the present location. This would include a shelter and snow removal I 7. Brian Klinefelter Service Award: Core will be distributing nomination forms and adopting a time frame for the Service Award. They also are working on ways to distribute the forms I a larger audience. Clerkf Administrator Reports I Easement Release: Kevin Budde requested the utility easement on his property, Lot 4 Bl k 3 Wagner Notch Subdivision, be confined to a specific distance. The easement was 'recorded when the property was developed in 1972. Upon the recommendation of the City Engineer,' Lose made a m<jtion to confine the easement for Lot 4 Block 3 Wagner Notch Subdivision to 10 feet alorig the rear proper:ty line. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Annual Water Report: The City received a copy of the annual water report. I Complaint on Business Property: The City has received a complaint from the property owner adjacent to 110 Birch Street West. The complaint expresses, concern for car painting and excessive fehicles parked around the facility. A Special Use Permit was issued to Silver Motors to operate a mechanical '-'r I I I i Page I 3102 March 20, 1997 repair business. Ehlert made a motion requesting the Building Official to in~pect the property fal compliance and follow through with a letter to the property owner with a copy to the tenant, SilVer , Motors. The letter should address both the painting and excessive vehicles. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 I I Centennial Park _ Pay Telephone: The City has received a letter from US West indicating the phbne is not cost effective for US West to continue service without subsidy from the City. US West must teceive $ 3.00 per day to offer the phone at no cost. Currently the phone is generating an average of .32 per day. If the City wishes to continue service, we will be billed $48.44 plus tax per month. Twit made a motion denying City cost participation for telephone service and direct US West to remove the phone. The motion was seconded by Ehlert. ' DISCUSSION i I Loso stated objection to removal of the telephone as it is provided as a community service. The þhone should be considered the same as services such as police and fire. People don't always use the s~rvice but it is still provided. Councilors stated that as the City has a cellular phone for recreation acti\Tities there is still a form of communication available when needed. i Ayes: Hiemenz, Ehlert, Twit, Niedenfuer Nays: Loso. Motion Carried 4:1:0 I Capital Improvement Plan: The City Engineer is requesting the Council establish a meeting whbre he can review the Capital Improvement Plan. At this meeting the Council will Wso have the opportunity to prioritize the needed improvement. The Council established April 24, 1997 at 7:30 p.m. as thé meeting to review the Capital Improvement Plan. I Iavcees . Gambling Permit: John Rist, President St. Joseph Jaycees, presented an application to relocate their pull tab permit from SaYs Bar to St. Joe Gas & Bait. Until the Rod and Gun Oub receive I authorization to operate pull tabs at Sal's Bar the Jaycee's will have two permits. The permit fo~ St. Joe Gas & Bait is a new application. Loso made a motion to approve the Gambling Permit application for the Jaycees to operate pull tabs at St. Joe Gas & Bait. The motion was seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 Miscellaneous and Announcement Items i I Fence Ordinance: Hiemenz reported that he has reviewed the proposed Fence Ordinance and Will be requesting the City Attorney to revise the proposal to include all wood products in the section' requiring a two (2) foot setback from the property line. Adiourn: Loso made a motion to adjourn at 9:25 p.m.; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Twit, Niedenfuer Nays: None. Motion Carried 5:0:0 I Qr~~ ~~ty Oerk . I