CITY OF ST. FRANCIS ST. FRANCIS, MN CITY COUNCIL MINUTES November 15, 2010 1. Call to Order/Pledge of Allegiance: The regular City Council Meeting was called to order by Mayor Jerry Tveit at 6:00 pm at the ISD #15 District Offices. 2. Roll Call: Present were Mayor Jerry Tveit, Council members Jeff Sandoval, LeRoy Schaffer, Steve Kane, and Tim Brown. Also present was City Attorney Scott Lepak (Barna, Guzy & Steffen), City Engineer Jared Voge (Bolton & Menk), Police Chief Jeff Harapat, Police Sergeant Jake Rehling, Fire Chief Buddy Vangelof, Public Works Director Paul Teicher, Finance Director Darcy Mulvihill, City Administrator Matt Hylen and City Clerk Barb Held. 3. Adopt Agenda: Move 12a to 8c-Police Department. MOTION BY KANE SECOND BROWN TO ADOPT THE NOVEMBER 15, 2010 CITY COUNCIL AGENDA AS AMENDED. Motion carried 5-0. 4. Consent Agenda: MOTION BY SANDOVAL SECOND KANE TO APPROVE THE NOVEMBER 15, 2010 CITY COUNCIL CONSENT AGENDA A and G AS FOLLOWS: a. Approve the City Council Minutes of November 1, 2010. b. Approve the Special City Council Canvassing Board Minutes of November 8, 2010. c. Receive and File the St. Francis Fire and Rescue General Meeting Minutes of November 7, 2010. d. Approve Pay Estimate No. 3 and Change Order No. 1 for the Ambassador Trunk Utilities Project to Geislinger and Sons, Inc. of Watkins, MN for $284,695.88. The estimate and change order reflects the costs associated with the realignment of the sanitary sewer south of Ambassador Boulevard as the result of the unstable soil conditions. e. Approve Final Pay Estimate and Final Compensation Change Order No. 2 to J.L. Jordan for the Rum River Boulevard Park Improvements for $1,263.98. f. Hire Adriane Terwedow and Marie Weinzetl as Part Time Liquor Store Clerks pending Background Checks. g. Approve the Payment of Claims for $164,432.87. Motion carried 5-0. 5. Meeting Open to the Public: a. None. 6. Petitions, Requests, Applications: a. Public Hearing on 230 th and Ivywood Street Project:. Jared Voge of Bolton and Menk, Inc. gave a short presentation on the 230 th Lane & Ivywood Street Improvement Assessment process. Mayor Tveit opened the public hearing at 6:07 pm to hear public comment on the street assessment project. There was no public comment. Mayor Tveit closed the Public Hearing at 6:07 pm. MOTION BY SANDOVAL SECOND BROWN TO ADOPT
Page 2 of 5 RESOLUTION 2010-41. A RESOLUTION ADOPTING ASSESSMENT FOR THE IMPROVEMENT OF 230 th LANE BETWEEN THE EAST LINE OF KERRY STREET AND THE WEST LINE OF IVYWOOD STREET AND ON IVYWOOD STREET BETWEEN THE SOUTH LINE OF 230 th LANE AND THE NORTH LINE OF 231 st LANE. Motion carried 5-0. b. Stop and Shop: New Management Tobacco License Application: Saumil Brahmbhatt, president of HK Corporation has signed a purchase agreement with Cedar Petroleum to purchase the Stop N Shop in St. Francis located at 22945 Lake George Blvd.. HK Corporation is requesting the license fee to be pro-rated at the time of issuance for the remainder of the year. MOTION BY KANE SECOND SANDOVAL TO APPROVE THE TOBACCO LICENSE TO HK CORPORATION AND PRO-RATE THE LICENSE FEE FOR THE REMAINDER OF THE YEAR. Motion carried 5-0. 7. Ordinances & Resolution: a. Resolution 2010-42: Amending Resolution 2010-36 Authorizing the Execution of Agreement with MN Department of Public Safety for Traffic Safety Enforcement Projects : This resolution was before the City Council on October 18, 2010. In that resolution St. Francis Police Department was named the fiscal agent and would administer the grant and it should have read Blaine Police Department. MOTION BY BROWN SECOND SANDOVAL TO ADOPT RESOLUTION 2010-42 A RESOLUTION AMENDING RESOLUTION 2010-36 AUTHORIZING THE EXECUTION OF AGREEMENT WITH MN DEPARTMENT OF PUBLIC SAFETY FOR TRAFFIC SAFETY ENFORCEMENT PROJECTS. Kane asked why was it changed from St. Francis Police Chief to Blaine Police Chief. Held said the first resolution present to the City should have read that the Police Chief of Blaine would be in charge of administering the grant. Motion carried 5-0. b. Ordinance 149, Second Series: Amending Section 6-1-6 Entitled Fixing License Fees (First Reading): The recommendations come from staff and consulting staff. Tveit review the agenda report that referenced the water and sewer rate increase. Schaffer asked what would the average water and sewer bill go up for residents. Hylen stated it shows on the agenda report that was handed out. MOTION BY SANDOVAL SECOND KANE TO APPROVE THE FIRST READING OF ORDINANCE 149, SECOND SERIES AMENDING SECTION 6-1-6 ENTITLED FIXING LICENSE FEES. Kane questioned the taxicab fee and do we have anyone that is currently licensed? Hylen stated at this time no one is licensed in St. Francis. I know the contact we have had at city hall with taxicab services, it that our liability insurance amount is very high. Roll Call: Ayes: Sandoval, Kane, Schaffer, Brown and Tveit. Nays: None. Motion carried 5-0. 8. Reports of Consultants & Staff Members: a. Engineer: b. Attorney: Lepak said we have two closed meetings this evening. The first one is a Closed Meeting to discuss the consideration of the purchase of real property. The subject of the closed meeting is described as 06-33-24-14-0003. The Closed Session is Pursuant to Minn. Stat. Sec. 13D 05, Subd. (c)(3) and 13.44 Subd. 3(a). The second closed meeting is for the consideration of allegations or charges against individuals subject to council authority pursuant to Minn. Stat. Sec. 13D.05. Subd. 2(b). After the second closed meeting starts the subject will be able to come into the closed meeting at some point. The City Council went into a closed meeting at 6:23 pm.
Page 3 of 5 The City Council was back in session at 7:31 pm. Lepak reported the first closed meeting was in regards to the discussion of consideration of the purchase of real property described as 06-33-24-14-0003. As a result, of the discussions it is the Council s intent to make an actual decision at this point. Lepak indicated that the parameters considered and potentially to be acted upon are that: 1) the property would be sold for $217,000 less $2,000 forgiveness of an outstanding bill and penalty to be paid at the time of closing, with a net result of $215,000 purchase price; 2) the proceeds would be split between 2010 and 2011 to the extent that is practical; 3) the City would pay for an environmental investigation; and 4) this would be subject to the seller paying for any contamination that arose since the start of the salvage yard operation; and 5) with that there still would be some need to have some changes to the purchase agreement those would be subject to review and approval by city attorney. That is where the discussion ended prior to the decision making. MOTION BY KANE SECOND BROWN TO PROCEED ON THE PURCHASE OF PROPERTY OF 06-33-24-14-0003 as outlined by the City Attorney. Motion carried 4-1. Schaffer voting nay. The second closed meeting was for consideration of allegations or charges against individuals subject to council authority. Lepak stated that the question for the Council is whether the Council is able to reach some sort of decision at this time regarding the subject employee. Lepak stated the council can do nothing, can postpone any decision or take action this evening. Lepak stated, with that, I offer the matter for council consideration and action if they desire. MOTION BY KANE SECOND BROWN TO MOVE FORWARD WITH THE TERMINATION OF INDIVIDUAL SUBJECT TO COUNCIL AUTHORITY. Motion carried 3-2. Sandoval and Schaffer voting nay. Lepak stated the employee subject of the motion is Barbara Vogtlin. c. Staff: Fire Dept: Public Works: Liquor Store: Police Dept: Efficiency Report Card Police Department: Police Sergeant Rehling introduced Pharmacist Michelle Grossman-Johnson from Goodrich Pharmacy to the City Council. Sgt. Rehling handed out an article from the May/June issue of the Journal of the American Pharmacist Association and indicated they could read at their leisure. Sgt. Rehling stated the St. Francis Police Department has been in a joint cooperation with Goodrich Pharmacy in St. Francis with a Medication Take Back Program. When asked of the medication they have taken in with this program, it was told to him (Rehling) it was about $26, 907 in street value. Sgt. Rehling stated that Michelle actually was the first to start this program in Minnesota. Ms. Grossman-Johnson stated what prompted us (Goodrich Pharmacy-St. Francis) to start this project was when there were narcotics found on students in the high school and middle schools. When the drugs were traced to their origin, they found the narcotics were from deceased family members. That is what lead us to start the Medication Take Back Program. Medication Take Back has been a partnership between the pharmacy and our local police department. Ms. Grossman-Johnson stated we have had the most consistent program in the State. We have been used as a model in the State and have been fortunate to have the support of the St. Francis Police department. Tveit asked when are you doing these take backs. We have been doing these take
Page 4 of 5 backs the same time as the City s recycling day. The City puts an ad in your flyers that are sent out to all residents. The City Council thanked them for the presentation. City Administrator Report: Budget Discussion: The City is nearing the end of our season for the 2011 Municipal Budget. The City has continued with the zero percent levy increase. Finance Director, Darcy Mulvihill gave a brief power point presentation. At the December 6 th City Council we will have a document ready for you that evening. Hylen said if for any reason you want to go lower than a zero percent increase in the Levy please tell us tonight. We currently have a balanced budget with the zero percent increase in the Levy. Consensus of the City Council was to keep a zero percent increase in the Levy. Pre-Authorization for Fire and Rescue Shared Services Feasibility Study Grant Program: Hylen reported that the Mayor and himself visited with the City of Oak Grove regarding the Fire and Rescue Shared Services Feasibility Study Grant Program. Hylen stated they did not seem very interested but are going to revisit this issue again. Their Council will change after the first of the year so we will see. Tveit concurred with Hylen. Tveit said he told the Oak Grove Council we are looking for a win-win situation but there was some hesitation from Oak Grove. East Bethel too, will have some turnover on their City Council. The grant deadline is before our next City Council meeting. Kane said in hearing the major changes with neighboring councils it just doesn t really make a lot of sense to move forward. Tveit said this is just a feasibility study of what it could look like. Schaffer said let s wait until the beginning of next year. Tveit said the grant is due either November 30 th or December 1 st. Schaffer understood we can t wait. Tveit said if the other communities do not want to move forward there is nothing lost. MOTION BY SCHAFFER SECOND SANDOVAL FOR PRE-AUTHORIZATION FOR FIRE AND RESCUE SHARED SERVICES FEASIBILITY STUDY. Motion carried 5-0. 9. Reports from Council Members: Schaffer said last Thursday he had a meeting with some unions, thought it went well. Brown said he had nothing to report on City business. 10. Report from Mayor: Would just like to say congratulations to all newly elected officials. I have been in contact with the Anoka Area Chamber of Commerce in regards to their Mayor s snowmobile ride. I do have a couple of the City Administrator s evaluations back; please forward them on to me so I can forward them on to the City Attorney. 11. Old Business: a. Outstanding Invoice: Tveit asked if the outstanding invoice previously discussed been paid. Kane said man up and pay your bills Mr. Schaffer. I would recommend if it is not paid this week turn it over to a collection agency. Tveit said I have had a conversation with Mr. Schaffer on the phone regarding the payment. When I did get the invoice, I tried to deliver it to Mr. Schaffer and he refused it. MOTION BY KANE SECOND BROWN IF THE INVOICE IS NOT PAID BY THE END OF THIS WEEK AT 5:30 PM THAT IT WOULD BE TURNED OVER TO A COLLECTION AGENCY. Hylen said we normally do not contact a collection
Page 5 of 5 agency we try to collect past due invoices ourselves or place the item on the tax roll. Lepak recommended to take collection as per city policy. Brown said I did witness this situation and it was disgusting. Motion carried 4-1. Schaffer voting nay. Brown said we have been using these computers for a number of months and I feel now is the time to proceed to the next level and go totally paperless. MOTION BY BROWN SECOND KANE TO PROCEED TO THE NEXT LEVEL AND GO TOTALLY PAPERLESS. Tveit said this would save the officer s time by delivering a packet too. Schaffer said he is not ready. Tveit said have you (Schaffer) looked into computer classes. Schaffer responded my access has been limited and intimidated. Motion carried 3-2. Schaffer and Tveit voting nay. Tveit said he would like to help Schaffer sign up for some computer classes. 12. New Business: None. 13. Adjournment: The Regular City Council meeting adjourned at 8:23 pm. Barbara I. Held, City Clerk