HomeMy WebLinkAbout2000 [02] Feb 03
I
I
I
Page 3693
February 3, 2000
City of Sf- Joseph
I City Council Meeting
02103/00, 7:00 PM
1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St.
Joseph met on Thursday, February 3, 2000 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Mayor Kenneth J. Hiemenz, Bob Loso, Ke,n Twit, and Cory Ehlert and
Clerk-Administrator Cari Schmidt and Deputy Clerk Judy Weyrens. Members absent: Mary
Niedenfuer
Others Present: EDA Director Chad Car1son, Sister Miriam Ardolf, AI Rassier, Steve Frank,
Dick Taufen, and Steve Streng.
2. Approve Agenda: Loso made a motion to approve the agenda, seconded by Twit The
motion passed unanimously.
3. Consent Agenda - Application for Payment - Design Electric - Loso made a motion to
appr-Ove the consent agenda, seconded by Twit. The motion passed unanimously.
4. Approve Minutes - Schmidt stated that she reviewed the tape of the meeting from January
6, 2000, as directed by Council. Although the Council discussed the court time issue for
about 25 minutes, the phrase "beyond the two hour period" was not included in the final
motion. Loso made a motion to approve the minutes of January 6, 2000, seconded by Twit.
The motion passed unanimously.
Ehlert made a motion to approve the minutes of January 21, 2000, seconded by Loso. The
motion passed unanimously. Loso asked Schmidt if we had received any altered plans from
Super America regarding what was discussed at that meeting. Schmidt stated that she had
been in contact with Mitch Anderson at the County and they are working on the Cedar turn
back process. This has to be done first. Schmidt indicated that she would bring any new
informatiolT she received to the Council's attention.
5. Bills Payable andOvertimelCallouts - Twit made a motion to approve the bills 27912
through 27942, seconded by Loso: The motion passed unanimously. Hiemenz asked what
#27936 was related to and Weyrens reported that it was the water tower float down and
report. Loso asked for more details about the MRWA conference that Jim Marthaler and
Mike Sworski were attending. Taufen stated that in the past the employees have been asked
to attend and haven't expressed any desire to go. Both employees would like to attend this
year. The conference does count toward certification if either of them would want to pursue
that.
Weyrens stated that she would like to clarify that the time that is listed out on the overtime
and callout sheets may either be time that is taken as comp time or may be paid out.
6. Public Comments on the Agenda - Schmidt stated that she asked Dick Taufen to attend
the meeting regarding the sidewalk plowing issues. At the last meeting, the Mayor informed
the Council that he received a -request from a resident that the City plow the sidewalks on the
North side of Minnesota street. Taufen stated that we currently do plow the South side. The
City is currently plowing approximately seven miles of sidewalk in town. Taufen stated they
are not opposed to plowing the other side of Minnesota Street. However, these requests will
continue to come in. This might be a good time for the Council to review the sidewalk snow
removal policy and make some changes. If the Council decides to have the City plow all of
the sidewalks in town, this will increase this distance to approximately 12 miles. This does
not include future developments either (Pondview 6 or Hwy. 121). Schmidt stated that if the
CounCil so desires, we could place the sidewalk snow removal policy on the agenda for an
upcoming meeting. Taufen stated that sidewalk repair should also be addressed. There are
Page 3694
February 3, 2000
a -number of sidewalks in town that are falling apart that should also be discussed. At one
time, the Council determined areas that were of public safety concern. Perhaps this policy
should be reconsidered. Loso stated that he would like to see a committee put together to
review the issue. Schmidt stated that perhaps instead of a committee, that staff could review
the current policy and bring some suggestions to the Council.
I
Taufen stated that he would like to make the Council aware that one of the Maintenance
emþloyees would be out for eight weeks-having surgery. This shouldn1 be a problem unless
we receive a large amount of snowfall, in which case we will be short staff to help with snow
removal. Schmidt stated that staff is seeking authorization to hire a part time employee to
help with snow removal. We have already contacted the City of Waite Park. They may have
an employee that would be willing to be on call part time. Schmidt stated that there is the
possibility that we may never have to use the additional help, but it would be better to have it
than to build up a large number of overtime hours with the current employees. Loso made a
motion to authorize the hiring of part time public works employees to assist in snow removal.
Twit seconded the motion and it passed unanimously.
Steve Frank addressed the Council. He stated that he has a real problem with the MTC
study that was done and written about in the paper. Frank stated that he does this type of
survey work for a living. The methodology that was used in this study seems very suspect.
They only sampled 104 residents which isn't necessarily a valid sample. They also ask some
very vague questions, such as whether you would be willing to pay a small amount to ride the
bus. The real question is how much money is a small amount. The breakdown between
homeowners and students also doesn1 seem very indicative of the general population of St.
Joseph. The survey sample does not accurately represent the demographics of the
community, Frank indicated that he is still waiting to receive more in1formation from Tom
Cruikshank at the MTC. He wanted to address the Council on the issue immediately though,
to express his discomfort with the findings and methodology thus far.
I
Hiemenz stated that MTC will be providing us with more information on the survey at a later
date. They haven1 given us a dollar figure yet. There have already been some Council
members that have expressed discomfort with the study and its findings.
AI Rassieraddressed the Council. He stated that he is the outgoing rental inspector and
would just like to. express his desire to be on the rental ordinance committee that the Council
will vote on later in the meeting. He also heard that the moratorium was only going to be
sixty days. He stressed that the moratorium should be longer as the committee will need
ample time to look at the ordinance and recommend changes. Rassier stated that he feels
his experiences and expertise with the rental ordinance make him a necessary component for
the group.
7. Portable Sign Ordinance - By report, Carlson stated that the City Council heard a request
from the St. Joseph Parish to waive the $25 permit fee for the use of a portable sign for their
monthly breakfast. St. Joseph Parish made the argument that they are a non profit and
should not be charged for the permit. Carlson reported that his recommendation is to keep
the ordinance intact and uniformly enforce the Ordinance to anyone requesting the use of a
portable sign. To cover the cost associated with City staff enforcement and the Building
Inspector monitoring the use, a minimum fee of $25.00 is required. By charging $25.00
across the board for a portable sign permit, uniformity is created among the business
community and civic organizations. The $25 fee will not create a hardship for any
organization or business.
Carlson also gave the option of exempting the non profits from the $25.00 fee. The
ordinance would be enforced the same for the non profits but the fee would not be required.
Twit made a motion to accept Carlson's recommendation to keep the :S25 fee in place and
apply it unifonnly to all applicants. Hiemenz seconded the motion. Loso stated that he has a
problem with charging a fee to these non profit groups. Historically we haven1 charged
churches and other non profits fees for these types of services. This act could ruffle the
I
I
I
I
Page 3695
February 3, 2000
feathers of a lot of organizations and individuals that give back a -great deal to the community.
Ehlert stated that he agrees with Loso. This is a matter of principle. These civic
organizations do a great deal for the commun~y. Ehlert stated that this would require the
Rod and Gun Club, the Lions, the Parish and other groups to get a permit each time they
want to put out a sign. Schmidt stated that for most groups the $25 fee would cover them for
the entire year. Carlson agreed and stated that the Parish had a limited number of days that
they would have the sign up. They only needed to get one permit and pay the one time fee.
Ehlert stated that that sounds different than what was discussed when this was presented to
the Planning Commission. Ehlert agreed that this does sound more like a streamlined
process but that he is still against charging the non profits a fee for the sign permit.
Loso suggested limiting the number of events that each non profit can hold per year. Twit
stated that if the City doesn't apply this uniformly, that staff will be forced to keep two sets of
books. This $25 fee is not going to make or break theSe groups. In fact, they don1 bat an
eye at the state gambling fee that they must obtain before holding any of their fundraisers.
Carlson stated that there are six to twelve civic groups that will be affected by this. There are
approximately 142 businesses that have the option to obtain a permit for a portable sign.
Loso asked what constitutes a portable sign? What about banners? Carlson stated that he
was told by the City Attomey that banners were a different issue and must be addressed by
separate ordinance. The portable sign is any sign that is mobile. Loso stated thaljust
about anything could be considered mobile. This may be an issue that comes up in the
future. I
Schmidt stated that if the Council is interested in doing something different for the non profit
groups that she would recommend approving Carlson's option and just waiving the $25 fee
but treating the non profits the same. Ehlert stated that they should try this for a year and see
how it goes. Carlson will be enforcing it so there won't be a charge for Euteneur's office.
Weyrens stated that the $25 fee also goes toward paying the insurance for the building
inspector, as the City does not carry that.
Hiemenz made a motion to amend the previous motion to waive the $25 fee for all non pròfit
organizations. Ehlert seconded the motion and it passed unanimously.
8. Street Lighting for 16'" and 11th - Schmidt reported that Gerald Marthaler, Operations
Engineer for steams Electric, analyzed the lighting conditions on 16'h and 17'". He proposes
no lighting changes for 16'h, but would add two lights on 17'h_ He provided two payment
options for the Council to consider. In Option A, we would pay a one time fee of $980 for the
two lights. In option B, we pay $8.25 a month-FOREVER. The City has historically takel1
Option A, as we haven1 wanted to pay for the light indefinitely. Loso made a motion to .
accept option A and pay the one time fee of $980 and the monthly usage charge for the
additional lights on 17th avenue. Ehlert seconded the motion and it passed unanimously.
9. Rental Housing Moratorium - Schmidt reported that the Council has before them an interim
ordinance that would establish a six month moratorium on rental housing. The ordinance
also states that the Council will appoint a committee to discuss the issue. Schmidt stated that
she would recommend appointing a separate body. A number of individuals have expressed
interest in selVing on this task force (Hub Klein, AI Rassier, Doris Johnson). There should
also be a landlord presence in these discussions. The Council may want to direct staff to
advertise for those individuals that are interested in selVing on the committee. Thisgroup
would study the issues and the changes that need to be made to the ordinance and practices
and report back to the Council with recommendations. Loso stated that an individual from the
coJleges should also be involved in the discussions. Twit made a motion to adopt the special
interim ordinance 20()().1 placing a six month moratorium on all new rental licenses,
seconded by Ehlert. The motion passed unanimously.
twit stated that the committee should be limited to another resident, a landlord and a
representative of the colleges in addition to the named individuals. Schmìdt stated that the
Page 3696
Febroary 3, 2000
committee would then consist of a staff liaison, Hub Klein, Doris Johnson, AI Rassier, Steve
Hagman, another landlord, resident and representative of the colleges. Ehlert made a
motion to appoint a rental housing ordinance review committee composed of the
aforementioned individuals. Loso seconded the motion and it passed unanimously. Schmidt
asked for clarification that if more people called that staff would have the authority to appoint
the individuals. The Council agreed. Loso stated that he would also like to ensure that the
committee receives the information that the Council obtained during their joint meetings with
the colleges.
I
10. Personnel Manual-Schmidt asked the Council whether or not they would like to table this
discussion until all of the Council members could be present. Hiemenz stated that the
Council postponed the item last time as both members of the personnel committee weren1
-present. It seems appropriate that the Council move forward at this time though.
Schmidt stated that the two items that were left for discussion were the
overtime/compensation time policy and sick leave. The Council spent considerable time
discussing the effects if hours away from work for jury duty, scheduled vacation or paid sick
leave are not computed in hours worked when computing overtime. The City attomey
suggested the following language be added to the personnel policy: "Hours away from work
for jury duty, scheduled vacation or paid sick time will not be computed in hours worked for
the purpose of computing eligibility for overtime pay." Twit stated that the Council discussed
this issue at length. His concem is that the employees are not able to pyramid their time.
This provision would keep an empfoyee from taking vacation on a week where they know that
they will work more hours, simply for the purpose of getting overtime. Twit stated that
overtime should only be paid for actual hours worked, not days of scheduled days of
vacation.
Loso stated that scheduled vacation should be counted as hours wor1<,ed forthe computation
of overtime. Twit stated that the 4th of July has been a problem in the past. The empfoyee is
able to get vacation time, over time and holiday pay which equates to tripfe time. Loso stated
that this is a management control and approval issue. If management approves the vacation
there shouldn1 be a question. Schmidt stated that the LELS contract indudes a provision
that covers pyramiding and compounding of hours. This could be indlJded in the personnel
manual.
I
Twit made a motion to add the language: "Hours away /Tom work for jury duty, scheduled
vacation or paid sick time will not be computed in hours worked forthe purpose of computing
eligibility for overtime pay. . Ehlert seconded the rnotion and it passed unanimously.
Schmidt stated that the suggestion made by the City Attomey's office regarding sick leave
was for cost savings only. They suggested that the City does not need to allow the
employees to bank such a large amount. Schmidt stated that there is no legal requirement
that they must change this provision. In addition, the City has a lot of empfoyees that have
worked for the City many years with the understanding that they were building up their time.
It seems unfair to take that away from them now. Ehlert agreed stating that any change that
would be considered would only apply to new employees and the rest would essentially be
"grand-fathered in:
Twit stated that overtime has been taken advantage of in the past. This has nothing to do
with the current personnel that we have. There is the possibility, however, that an empfoyee
in the future might try to take advantage of the situation and schedule vacation during a week
that they know they will get overtime. Ehlert agreed stating that in this situation the empfoyee
is actually getting double time when they schedule vacation on a holiday.
Schmidt stated that the Council could add a provision into the contract that states if an
employee is called in off vacation, they are paid at time and a half (without using the term
·overtime. j Weyrens stated that this would create a contradiction in the personnel manual.
I
Page 3697
February 3. 2000
I
Schmidt stated that perhaps the Council would like to address this issue at the next meeting
when the issues can be laid out a little more dearty. Twit stated that the issues have been
laid out.
Loso made a motion to adopt the policy as currently written with the understanding that the
Council will re-visit the topics of sick leave and vacation hours used in the computation of
ovenime. Ehlen seconded the motion and it passed unanimously.
11. Mayors Report - Hiemenz reported that the City hired a new rental inspector and that hiring
needs to be officially approved by the Council. The Administrator, Mayor and current rental
inspectorAl Rassier interviewed three candidates for the position. Steve Hagman was the
best of the three candidates. He currently owns his own building inspection business in St.
Cloud. Ehlert made a motion to approve the hiring of the pan time rental inspector steve
Hagman. The motion was seconded by Hiemenz and passed unanimously.
Hiemenz reported that he received,a letter from a resident in Kraemer Lake who is interested
in being hooked up to the st. Joseph water and sewage systems.
Hiemenz reported that he attended the League of Minnesota Cities conference for
experienced officials that was facilitated by Carl Neu. It was a very informative conference.
I
12. Council Reports -Twit asked when the next EOA meeting"wa5 sclteduJed for. Ehlert stated
that he had one item from the Park Board regarding the fifth phase of Klinefelter Park. They
are seeking approval frPmthe Council for a $5,945- expenditure for piaygroundequipment.
Twit stated that this amount was higher than what was approved last year. Ehlert stated that
they should have, enough, budgeted to cover this amount. Ehlen made a motion to approve
the $5,945 expenditure for the playground equipment for Klinefelter Park lip to the amount
that is available in the Park Board budget. Twit .secondedlhe motion and it passed
unanimously. Cable Commissioner Tom Nahan reported that Marge Lesnick called and
reported thaUhe Park Board budget has $5,800. Ehlert stated \haUher.e .are other funds that
can be used to make up the difference.
13. Clerk/Administrator Report - , Schmidt reminded the Council of some upcoming meetings.
14. Closed Session: Hiemenz stated that at this time, the Council would adjoum to dosed session for
a discussion of the Police Chief candidate seleclion.
At 10:15 PM the Council reconvened_ Schmidt reported that the Council would be meeting again
on Wednesday the gfÌO at 5:00 in dosed session to continue their discussion of the Police Chief
candidates.
15. Adjourn - Loso made a motion to adjourn at 10:20 PM, seconded by Ehlert. The motion
passed unanimously.
ä:~J:cid'
Cari Schmidt
Clerk/Administrator
City of Sl Joseph
I