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HomeMy WebLinkAbout[04a] Minutes, May 16 May 16, 2016 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, May 16, 2016 at 6:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Rick Schultz, Councilors: Renee Symanietz, Matt Killam, Bob Loso. Administrator Judy Weyrens. Members Absent: Dale Wick City Representatives: City Engineer Randy Sabart, Finance Director Lori Bartlett, Public Works Director Terry Thene, Community Development Director Therese Haffner. Others Present: Cory Ehlert, Janel Bitzan, Public Comments: No one present wished to speak. Agenda Approval: Symanietz made a motion to approve the agenda with addition of items 11a, Lodging Tax and item 12a, Appointments; seconded by Killam and passed unanimously by those present by those present. Consent Agenda: Loso made a motion to approve the consent agenda. The motion was seconded by Symanietz and passed unanimously by those present. a. Minutes- approved the minutes of May 2, 2016 and Joint EDA meeting minutes of April 20, 2016. b. Bills Payable - approved payment of check numbers 050519-050570, Payroll EFT #001194-001199 and Accounts Payables EFT#001733-001735. C. Municipal State Aid Highways—Authorized the Mayor and City Administrator to execute resolution 2016-011 establishing municipal state aid highways. d. School Resource Officer—Authorized the Mayor and Police Chief to execute the Joint Powers Agreement between the City of St. Joseph and ISD 742 for providing for Cooperative Funding of the Police Liaison Officer Program. e. Government Access System—Authorized the Mayor and City Administrator to execute resolution 2016-013 authorizing the City Attorney to enter into a Master Subscriber Agreement with the Minnesota Judicial Branch for access to the New Minnesota Government Access (MGA) Electronic Records System. f. Donations—Accepted the following donations: Anonymous $20.10 Archery Range, $4.00 Disc Golf; Archery Country $650.00 Archery Range Targets. g. Treasurer's Report—Accepted the April 2016 treasurer's report as presented. h. Gambling Report—Accepted the 1 st Quarter Gambling Report as presented. i. Transfers—Authorized the 2016 transfers as requested. j. Liquor License Transfer La Playette—Authorized the Mayor and Administrator to execute the on/off sale intoxicating liquor license, Sunday Liquor and Amusement license to The La, LLC. k. Voting Booths—Authorized the purchase of eight additional voting booths at a cost of $245.00 per booth. Noise Violation, 22 Elm St E:Weyrens reported that the Police Department responded to a noise complaint on May 3, 2016 at 22 Elm Street E. The Officers made contact with the tenants on three separate occasions before the property became complaint. At one point the words to the music could be clearly understood as far away as MN Street. The complaint was called in by a property owner that was inconvenienced by the noise. Weyrens stated that the property owner received a notice of the violation and was provided the opportunity to request an evidentiary hearing. She stated that such a request was not received. Therefore the matter before the Council at this time is twofold. First the Council needs to May 16, 2016 Page 2 of 5 determine whether a noise violation did occur and secondly if the Council finds that a violation did occur, the disposition needs to be levied. Loso made a motion acknowledging the noise violation did occur at 22 Elm St E on May 3, 2016. The motion was seconded by Symanietz and passed unanimously by those present. The Council questioned Police Chief Klein about the noise level and interaction with the Police Officers. Police Chief Joel Klein stated that he was not present for the violation, but the officers recorded that the noise could be heard off the property line and the tenants were told to turn the music down. In reading the reports and talking to the officers who responded they had to return to the property two more times before the matter was resolved. Tenants Todd Sritchley-Meno, Casey Walsh and Chance Lagley approached the Council and stated that the Police Department were only at the property twice before the matter was resolved. Critchley-Meno stated that the first time the Officer came to the door they only talked to one roommate who could not be at meeting tonight. The Officer told the tenant to turn the music down and stated he appreciated their cooperation. Critchley-Meno further stated that he was on the phone with the landlord, Cory Ehlert, when the Officer returned for a second time. He stated that they dispersed those present and the matter was resolved. Loso questioned Klein as to the number of times the Officers responded to the property to which Klein reiterated that the Officers indicated they were their three separate times. Loso stated previously residences were fined $250 when one incident had occurred at a property and the tenants were cooperative. Since the officers had to return to the property three separate times before the matter was resolved it is his opinion the fine should be $ 750.00. Therefore, Loso made a motion to impose the fine of$750.00 to property owner Cory Ehlert for the noise violation at 22 Elm St E. The motion was seconded by Symanietz. Ayes: Symanietz, Loso Nays: Schultz Killam. Motion fails Cory Ehlert, landlord 22 Elm St E approached the Council and stated that he appreciates that the St. Joseph Police Officers call him when issues arrive. He has not had any issues with the current tenants and questions if there are any details on the lack of cooperation. Ehlert state that is aware of times when the Council has levied lesser fines and even stayed the fine for 12 months. He encouraged the Council that if a fine had to be levied to assess the minimum fine of$ 250.00. Killam questioned if the City has a matrix for assessing fines and if the property had more than one violation. Weyrens stated that the Council has previously discussed a matrix for noise violations; however since noise violations can have different degrees of violations it becomes difficult. She stated that does a noise violation where tenants are outside with the music on the stereo too loud equal a noise violation where there a numerous participants creating a disturbance. It is for this reasons that the Council established a minimum fine of$250.00 for any violation and it increase based on the severity and cooperation. By MN Statute, the most the Council can fine a property owner for a noise ordinance violation is $ 1,000.00. Killam stated it is his opinion that$ 750 is too high for the circumstances of the current noise violation. Schultz made a motion to impose the fine of$500.00 to property owner Cory Ehlert for the noise violation at 22 Elm St E, occurring on May 3, 2016. The motion was seconded by Killam and passed unanimously by those present. 2015 Audit Presentation, BerganKDV: Janel Bitzan, audit manager for BerganKDV, approached the Council to present the 2015 Audit Findings. Bitzan stated there were three reports issued following the Independent Auditor's Report, Report on MN Legal Compliance, and Report on Internal Controls. May 16, 2016 Page 3 of 5 Segregation of duties was the one carry over from 2014 that is still an outstanding item. Bitzan stated segregation of duties is common in entities as small as the City of St. Joseph. Bitzan noted that the knowledge of the City Administrator as a former finance director is a benefit to the City and serves as an added control. General Fund Revenues and Expenditures: Bitzan noted the ending fund balance was $2.0 million. The general fund balance increased by$260,000. Total revenues were over budget by$171,294. Licensing and permits revenues were $53,148 over budget due to conservatively budgeting for development. Tax capacity and tax levy increased in 2015, however the levy increased at a lesser rate than the tax capacity resulting in a decrease in the tax rate. General Fund Expenditures increased by$26,269, or 1.0% in 2015, which is part was due to the cost of the Utility Rate Study. Culture and recreation was increased by about$60,000 due to the warming house construction and other park projects requiring staff hours. Public Works and Public Safety revenues both decreased in 2015. In 2015, total expenditures were lower than budgeted by$146,773 or 5.2%. Enterprise Funds: Bitzan reported the Water Fund showed operating income for the first time in 2015, after four years of operating losses. The Sanitary Sewer Fund increased by about 27%. The Sewer Fund still showed operating losses in 2015, however the operating loss with depreciation was significantly reduced from 2014. The Refuse Fund's operating loss decreased to about$3,200 compared to $37,000 in 2014. In the past years the refuse funds absorbed the cost of dues to the Coalition of Greater MN Cities which is now covered by the General Fund. Schultz questioned whether the items in the general fund are broken down further in the audit. Bitzan stated they have items in the actual to budget graphing, but not in specific details. Bitzan thanked the Council and staff for being prepared for the audit. Loso made a motion accepting the 2015 Audit Report. The motion was seconded by Schultz and passed unanimously by those present. Facility Update: Weyrens stated that the Government Center project is maintaining the projected project schedule and the facility committee recently meet to discuss the exterior colors. HMA has revised the graphics for the project and Weyrens presented the Council with the final graphic of the facility with the exterior colors selected. HMA will prepare a construction sign for the project including the graphic illustration of the facility. Field Street Lighting: Sabart stated the Council had previously been presented with lighting options for Field Street. Since the project is in the final stages of design, the Council should provide direction as to the type/style of light fixture. Sabart reviewed the different option with the Council. Loso stated that in his opinion the City should be consistent with the existing light fixtures in the downtown area. Schultz questioned the impact of selecting the Acorn Light Fixture as it is his understand the light broadcast will impact the abutting property. He understood that alternative light will produce a more downward light and in his opinion that would be more compatible with a residential district. Sabart stated that he will research the lighting broadcast for each type and present additional information at the next Council meeting. Department Head Reports Police Chief—Ordinance 611 Sexually Oriented Businesses: Chief Klein presented the Council with a draft Ordinance regulating Sexually Oriented Businesses. The area Police Chiefs have noticed an increase in human trafficking and the County Attorney has recommended that cities adopt an Ordinance governing Sexually Oriented Businesses providing regulations that aid in prosecution. The Ordinance May 16, 2016 Page 4 of 5 presented is similar to that being considered by the six area cities. Klein stated that with the Waite Park hotel closing, some of the activity is moving to the St. Joseph hotel. He stated that he supports the efforts of the area Police Chiefs and County Attorney and requests the Council adopt the Ordinance as presented. Schultz made a motion authorizing the Mayor and Administrator to execute resolutions 2016-014, Adopting Ordinance 611-Sexually Oriented Businesses, and 2016-015 Authorizing Summary Publication of Ordinance 611-Sexually Oriented Businesses. The motion was seconded by Symanietz and passed unanimously by those present. Loso made a motion to adopt the amended fee schedule as presented adding the fees included Ordinance 611. The motion was seconded by Schultz and passed unanimously by those present. Public Works—Seal Coating: Thene presented the Council with an illustration of streets for which he is requesting approval to seal coat. When the budget was prepared for 2016 $ 80,000 was designated for seal coating. Thene stated that he received two quotes for seal coating to include Astech $ 79,537.97 and Caldwell Asphalt$ 85,050.94. Thene recommended the Council authorize the street maintenance for 2016 for an expenditure not to exceed $ 80,000. Schultz made a motion accepting the quote from Astech in the amount of$ 79,537.97 authorizing the street maintenance program for 2016 as requested by Thene. The motion was seconded by Symanietz and passed unanimously by those present. Loso questioned whether the city has a 10-15 year plan for replacement and road maintenance. Sabart stated the City has previously completed a street maintenance plan as well as planning in the Capital Improvement Plan for street improvements such as overlays, reconstruction and utility replacement. Committee Reports Joint Planning Board: Loso reported the Joint Planning Board approved implementing a 3 month moratorium on solar gardens in the Orderly Annexation Area. The moratorium will allow a sub-committee to review appropriate regulations and areas where they could be constructed. Concern was expressed that solar gardens are being installed in prime growth. Loso questioned Sabart if the proposed solar garden near 1-94 would have an impact on the city infrastructure. Sabart stated the 2009 Comprehensive Sewer Plan contemplates two trunk sewers: one north of the river and one south. Therefore, it could impact the city's ability to recoup the extension cost as they traverse near potential solar gardens. Schultz stated the developer of the proposed solar garden came to the Joint Meeting in April and pushed to not have the moratorium. They indicated that they would be providing the Board with additional information. Since the meeting, no information was received from the developer. The Joint Planning Board also approved a Conditional use Permit in order to create a drainage ditch between two lots at River Ridge Estates. Administrator Reports Lodging Tax: Weyrens stated the council had previously approved the Lodging Tax Ordinance. Since that time it was discovered that the definition section did not contain the correct information. Therefore, the proposed amendment at this time amends the definitions to those that were envisioned. May 16, 2016 Page 5 of 5 Loso made a motion authorizing the Mayor and Administrator to execute resolution 2016-016 Amending Ordinance 610 Lodging Tax. The motion was seconded by Symanietz and passed unanimously by those present. Mayor Reports Appointments: Schultz presented the Council with two appointments for ratification. The first is to appoint Renee Symanietz to the Human Rights Board and the second is to appoint Chad Johnson to the Planning Commission. Schultz stated that he had received two applications for the Planning Commission and interviewed both candidates. Loso made a motion appointing Chad Johnson to the Planning Commission and Renee Symanietz to the Human Rights Board. The motion was seconded by Schultz and passed unanimously by those present. District 742: Schultz reported that ISD 742 has finalized the location for the Early Childhood Facility. The new facility will be located at the Discovery School site in Waite Park and will house Continuing Education in addition to Early Childhood. It is anticipated that the new facility will not be ready for occupancy until mid 2018. APO: The APO Personnel Committee has interviewed candidates for the position of Executive Director, making an offer to one of the candidates. Pending completion of the background check, the new Director will start on July 6, 2016. Symanietz added the APO received the annual audited financial statements from BerganKDV as well. New Business Symanietz: Symanietz reported the Human Rights Board met and recommended recruiting a resident from St. Joseph to serve on the Human Rights Commission. Funding for the office has been passed in the House and still needs to go through the Senate. If approved, the funding would provide for a full-time Enforcement Officer and a part-time assistant in the St. Cloud office. New appointments were approved as well. Admiourn: Symanietz made a motion to adjourn at 7:00 PM; seconded by Killam and passed unanimously. Judy Weyrens Administrator This page intentionally left blank