CITY OF ST. FRANCIS ST. FRANCIS, MN CITY COUNCIL MINUTES. December 3, 2007

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1 CITY OF ST. FRANCIS ST. FRANCIS, MN CITY COUNCIL MINUTES December 3, Call to Order: The regular City Council Meeting was called to order by Mayor Randy Dressen at 6:00 pm at the ISD #15 District Offices. 2. Roll Call: Present were Mayor Randy Dressen, Council members LeRoy Schaffer, Steve Kane, Ray Jones and Tim Brown. Also present was Assistant City Engineer Jared Voge (Bolten & Menk, Inc.), Attorney Scott Lepak (Barna, Guzy & Steffen), Finance Director Gayle Bauman, City Administrator Matt Hylen and City Clerk Barb Held 3. Adopt Agenda: MOTION BY KANE SECOND BROWN TO ADOPT THE DECEMBER 3, 2007 CITY COUNCIL AGENDA. MOTION CARRIED Consent Agenda: MOTION BY BROWN SECOND KANE TO APPROVE THE DECEMBER 3, 2007, CITY COUNCIL CONSENT AGENDA A-F AS FOLLOWS: a. Approve the City Council Minutes November 19, b. Receive and File the URRWMO Minutes October 2, c. Raw Watermain Improvements Pay Estimate #1: Approve Pay Estimate #2 in the amount of $98, to Doboszenski & Sons for the Raw Watermain Improvement with the appropriate amount of retainage being withheld. d.. Water Treatment Plant-Pay Estimate #1: Approve Pay Estimate #2 in the amount $603, to Staab Construction Corp. for the Water Treatment Plant with the appropriate amount of retainage being withheld. e. Application for Deferred Assessments for Dykema s at Rum River Blvd., e. Approve the Payment of Claims for $ 121, Schaffer asked to move 4e.Deferred Assessment application for Dykema to 5b. Brown and Kane approve the amendment to the motion to move 4 e. to 5b. Motion carried Petitions, Requests, Applications: a Proposed Budget: Truth and Taxation Public Hearing: Mayor Dressen opened the Public Hearing at 6:03 pm. Hylen reported this Truth and Taxation Public Hearing on the 2008 Proposed Budget is a requirement by the State of Minnesota. A power point presentation was given on the 2008 Proposed Budget addressing both the Expenditures and Revenues. With the proposed 2008 Budget, the City is looking at a Tax Capacity Rate. A continuation of the hearing will be held on December 17, 2007, if needed. On December 17, 2007, the City Council will be adopting the levy and the 2008 Budget. The Council than opened the public hearing for questions from the public.

2 Page 2 Mike Blood, Riverbank Lane, for the last four years his taxes have gone up 59%. I only have three services, grading, snow plowing and police protection and you keep increasing my value of our home. Blood gave a handout showing the increases. Dressen stated staff will look into. Hylen said just briefly looking at this, the resident is right his home value increased significantly. Anoka County assesses the property in St. Francis. Anoka County holds a hearing in April for property owners to contest their property value. William Gardner, th Avenue, said he too had a problem with Anoka County, he was reappraised and his property value was lowered. Tim Holen, St. Francis Hardware Store, also questioned his assessed value. Dressen said the assessment hearings are in April, and that is when Anoka County would be here to answer questions on the assessed value. Dressen encouraged the residents to come to that hearing. Holen said, I just want you to be aware that the assessed values are going up and home values are going down. Holen said I am not against raising the taxes. MOTION BY KANE SECOND JONES TO CLOSE THE PUBLIC HEARING AT 6:31 PM. Motion carried b. Deferred Assessment: Schaffer asked does the resident along Rum River Blvd. qualify for their assessments to be deferred. Lepak said the applicant; Dykema s has to meet certain criteria and has filled out the form provided by Anoka County. MOTION BY KANE SECOND BROWN APPROVE THE DEFERRED ASSESSMENT PURSUANT TO CITY POLICY FOR THE DYKEMA PROPERTY AT RUM RIVER BLVD. Motion carried 4-1. Schaffer voted nay. 6. Ordinances & Resolution: a. Ordinance 118, Second Series: Regulating Amateur Shortwave Radio Antennas and Towers (2 nd Reading): MOTION BY BROWN SECOND KANE TO APPROVE THE SECOND READING OF ORDINANCE 118, SECOND SERIES AN ORDINANCE REGULATING AMATEUR SHORTWAVE RADIO ANTENNAS AND TOWERS. Schaffer asked if this has to do with wind energy towers. Lepak said wind energy tower ordinance is being forward to the planning commission. Motion carried Meeting Open to the Public: William Gardner, th Avenue, addressed the City Council on the appointment of one of our officers who may be appointed police chief. Gardner handed out a letter to the City Council. Mr. Gardner then read the letter he handed out on the background of this officer and a sexual harassment suit that he was part of. Mr. Gardner had a copy of depositions of the suit. I was told I had better watch my back if I brought this forward. I have nothing against any officer in this City. If you have any questions, you can call me. 8. Reports of Consultants & Staff Members: a. Engineer: Signage along Rum River Blvd.: A letter was received from Shirley Sundeen, Rum River Blvd., contesting the placement of the stop signs along Rum River Blvd. If the Council wants me to further research, again I can. Schaffer said he went door to door asking about the stop signs and whether or not they want them back in. Of the eleven I was able to contact,

3 Page 3 nine said yes keep them in and two said take them out. Dressen said research regarding the placement of the stop sign issue was done some time ago and the signs were warranted. Jones asked about the progress of Poppy Street. Voge said they are moving forward and is not sure on the sheet piling, but will check into it. b. Attorney: Tasty Pizza Compliance Check: The St. Francis Police Department conducted an annual alcohol compliance check on May 23, Officer Rowe conducted the annual event in which minors were utilized to test whether a business is meeting its obligations to restrict alcohol sales to individuals 21 and older. On May 23, 2007, the minor checkers were served alcohol at Tasty Pizza. Stemming from these events a hearing was set for the City Council to make a determination as to whether the City should impose a civil fine up to $2,000; suspend the license up to 60 days or revoke Tasty Pizza s liquor license. The penalty must be based on the findings. Lepak suggested that the City Council listen to the owner tonight. Duane Geslin, owner of Tasty Pizza said it happened, I can t argue that, what should we do. Geslin said why she served them I don t know, she is know longer there. This is the first blemish in the 21 years of being in business. Jones asked why is this first just being addressed now when it happened in May. This is a criminal matter and there was a process through court that was addressed first. There was a couple month delay, Lepak said that was his office. Geslin said he talks to the employees all the time about serving minors. Lepak referenced an article that Council member Jones had from the Elk River paper. Elk River imposed a $500 fine. Brown said $500 for the first offense is a little steep. Kane said he too thought $500 was a little high for the first offense. Lepak read the finding of facts and added Number 16. The owner said this is his first violation in 21 years of business. Based upon the Findings as Noted, the Council hereby makes the following determination and order that Tasty Pizza IX, Inc., due to its sale of alcoholic beverages to persons less than 21 years of age, will have a $ fine. MOTION BY KANE SECOND JONES BASED ON THE FINDING OF FACTS ASSESSES A $250 FINE FOR THE SALE OF ALCOHOL TO MINORS. Motion carried 5-0. Closed Session to Discuss Labor Negotiations: MOTION BY SCHAFFER SECOND BROWN TO GO INTO A CLOSED SESSION AT 7:03 PM TO DISCUSS LABOR NEGOTIATION STRATEGY. Motion carried 5-0. The City Council was back in session at 7:32 pm. c. Staff: Fire Dept: None Water/Wastewater: None Streets/Parks: None Liquor Store: None. Police Dept: Request for Authorization to purchase a 2008 Police Squad Car: Interim Police Chief, Jeff Harapat gave some research on potentially changing from Ford Crown Vic s to Dodge Chargers. The comparisons were provided to the City Council. Learning from the research that was

4 Page 4 done, the Ford Crown Vic will not be making police interceptors in the near future. Therefore, the question is will now be the time to switch over to Dodge s. Harapat has checked with surrounding departments that currently use Dodges. They are the ones that sold him on them such as the safety features the car has. Ford and Dodge squads are both off the State Bid. Jones asked could it be dropped to a V6 instead of a V8. Kane said some of his representatives use the Dodge and they work very well for them and they are V8 s. Schaffer asked what the age of the squad that is being replaced, Harapat said it is a Dressen said he has been doing some research on his own and a lot of cities are moving to the Dodge V8 s. Dressen said lets go with one vehicle to see how it works. MOTION BY BROWN SECOND KANE TO GO WITH THE V8 DODGE CHARGER OFF STATE BID FOR THE NEW 2008 SQUAD CAR. Motion carried 4-1. Jones voted nay for the reason of he would rather have a V6 than a V8. City Administrator Report: Organization Study/Public Works Discussion: A re-cap from the last City Council meeting was the discussion of creating a Public Works Director. This reorganization would have the Public Works Director and an Assistance Public Works Director. With this organizational structure, it would be eliminating one of the positions in the City. Brown said he still has a concern with creating one department and is going into this with some serious reservation. MOTION BY KANE SECOND JONES TO PURSUE THE ORGANIZATION STUDY AND CREATE A PUBLIC WORKS DIRECTOR AND A ASSISTANT PUBLIC WORKS DIRECTOR AND INFORM STAFF THIS WILL TAKE PLACE DECEMBER 31, Jones asked in the future would we have supervisors in the different departments under the Public Work Director. Hylen said yes I could see that in the future. Schaffer said he agrees with Brown and states he thinks the parks are being ignored now. The Park Commission already doesn t believe they are being heard. Jones said is now the right time to do this. Don t want to get to the point where we have so many department heads and we are not growing. In the end, it is a good thing, but I guess it would be good to start the ball rolling. Motion carried 3-2. Brown and Schaffer voting nay. Police Chief Appointment Discussion: Interim Police Chief Jeff Harapat has been in his position since September 1, This past summer the City Council had a motion to go out for a public search for a Police Chief. Harapat has stepped up and has shown he can handle the responsibility. Hylen said he is recommending that we do not go outside for a search and appoint Jeff Harapat as police chief. Jones would like to table this until next meeting at least. This will give us time to look into what Gardner gave us tonight. Schaffer said he agrees to wait and look into this matter further. Brown said we know what Harapat is all about and would recommend we appoint him tonight. Kane agreed. Schaffer said sometimes it is good to bring in new blood; he can put in his application too. Dressen said he strongly supports Harapat and he has no reservations at all moving him into the position. This would also allow other officers in the department to advance. Jones said he is not against hiring Harapat; he just wants the council to read the information that was provided tonight. Dressen stated with that reasoning he would like this to be on the December 17, 2007 City Council agenda.

5 Page 5 9. Reports from Council Members: Schaffer had two business contacts. Dressen asked how the seminar was that he attended. Schaffer mentioned a couple things. Jones asked why some of the roads had so much salt on them. Lacey said we were having problems with one of the trucks. 10. Report from Mayor: Thank the staff and the Chamber members for decorating Woodbury Park. 11. Old Business: None 12. New Business: None 13. Adjournment: The Regular City Council meeting adjourned at 8:13 pm. Motion carried 5-0. Barbara I. Held, City Clerk