Meeting Minutes of the Richmond City Council

Wednesday December 7, 2011

Regular City Council Meeting

Item #1: Call to Order

 

Mayor Hemmesch called the meeting to order at 6:30 p.m. at the Richmond City Hall and asked those present to stand and recite the Pledge of Allegiance.

 

Members noted as being present: Jim Hemmesch, Mike Mathiasen, Tim Paczkowski, Jeff Mackedanz and Scott Kron.

 

Also present were: Martin M. Bode, City Administrator; Chuck Merten, Fire Chief; Phil Jones, Richmond/Cold Spring Police Chief; Gordon Dingmann, Public Works Director, Randy Jenniges, City Engineer; Robert Schaefer; Tammy Paczkowski, Cold Spring Record; Sheldon Lang, Richmond EDA; Kevin Mooney, Parks Arena Director; Greg Stang, PeopleService; Troy Niewind and Ryan Meyer, Local TV Channel 10 camera operator.

 

Item #2: Approval of Agenda

 

Mayor Hemmesch asked if there were any additions or corrections to the agenda.

 

A Motion was Made to Approve Agenda by Kron, Second by Paczkowski.  Motion Passed Unanimously.

 

Item #3: Approval of City Minutes of November 17, 2011 (Regular and Closed).

 

A Motion was Made to Approve the City Council Minutes of November 17, 2011 (Regular and Closed) by Paczkowski, Second by Mathiasen.  Motion Passed Unanimously.

 

Item #4: Consent Agenda.

 

Mayor Hemmesch read aloud the list of the following consent agenda items:

 

a.         Approval of Just and Correct Claims

b.         Resolution 194-11 Approval of November 2011 Journal Entries

 

A Motion was Made to Approve the Consent Agenda as presented by Kron, Second by Mathiasen.  Motion Passed Unanimously.

 

Item #5: Presentation of Action Items

 

a.(1)     Main Street Electrical Project - Robert Schaefer of 41 Main Street West

Mr. Schaefer expressed concern over why there was going to be a lien placed against his property in the amount of $3,300.00?  City Council along with staff, again explained to Mr. Schaefer that this 10 year lien for the differed loan is a requirement of the Small Cities Development Program (SCDP) in order for the City to qualify for grant funds for this project. 

 

Jenniges again noted to Mr. Schaefer that property owners involved in this project regarding Deferred Loans i.e. the agreement states the deferred loans shall be forgiven over a ten year period (10% forgiven each year). When a property ceases to be the applicant's property, the City has the option to collect the remaining loan principal or waive the repayment.  Attorney Ripple again noted that it would be at the discretion of the City Council that is in place at the time the request is made to determine if the loan portion would be waived; the current Council can not bind future Councils to this policy.

 

Mayor Hemmesch again reminded Mr. Schafer that it is the consensus of this Council, that the requirement for repayment of the SCDP Repayment Agreement (Deferred Loan) be waived in the event the business owner should decide to sell, transfer or otherwise convey his / her business with in ten years as of the date of the contract being signed.  Hemmesch again reiterating Attorney Ripple statement, that this current Council may not bind future Councils to this policy.

 

a.(2)     Certification of Unpaid Utility Charges – Robert Schaefer of 41 Main Street West

Mr. Schaefer asked why his unpaid utility bill was being placed against his property and is once again questioning why he has to pay a City water and sewer utility bill when the property behind him, at 43 Main Street West, receives water and sewer off of his commercial line and not directly from the City’s water and sewer mains.  Mr. Schaefer stated he has to pay to heat his property in order for his water line not to freeze when he does not have a tenant occupying his place and if the City wants to bill him for a service he’s not using then he feels he has the right to shut that service off.  Administrator Bode reminded the Council that this particular question has been previously addressed at length at previous council meeting, by the Council, City Attorney and himself and therefore recommends that the Council move on to the next agenda item.  (Reference Council Meeting minutes of 02/17/2011 and 03/02/2011).

 

b.         Other Concerns From the Public

 

            None Presented

 

c.         Public Hearing – Truth-In-Taxation

Mayor Hemmesch asked those in attendance if they had any questions or concerns regarding the City’s proposed 2012 Annual Budget.  None presented.  Administrator Bode stated that the proposed Budget is the same as it has been for the previous two years.

 

Item #6: Consideration of Resolution 195-11 A Resolution Approving the Adoption of the 2012 Annual Budget.

 

A Motion was Made to Approve Resolution 195-11 by Kron, second by Mackedanz.  Motion passed unanimously.

 

Item #7: Consideration of Resolution 196-11 A Resolution Approving Certification of Utility Charges Against Property.

 

A Motion was Made to Approve Resolution 196-11 by Mathiasen, second by Paczkowski.  Motion passed unanimously.

 

Item #8: EDA – EDA President Sheldon Lang

 

Mr. Lang informed the Council that it was the EDA’s recommendation that the Mayor appoint Cynthia Steckman as the new commissioner replacing outgoing Commissioner Don Calhoun.  Lang further noted that Steckman would also act as the EDA’s finance director.  Lang stated that Steckman is willing to take on this responsibility at no additional pay.  Mayor Hemmesch noted he will take this recommendation under advisement and further discuss it at the next Council meeting.

 

Lang also requested the Council approve of changing the current ordinance that sets the commission level, currently set at 5 to changing it at 7.  Lang feels this change will allow more people to share in the responsibilities, provide more input and increase the number of meeting with a quorum of commissioners in attendance.

 

Council discussed the possibility of appointing Administrator Bode as a voting member to the EDA or as its executive director.  Attorney Ripple noted that as far as appointing Bode as a voting member, that might be a conflict of interest with Bode’s position of City Administrator.  Ripple stated he would need to look into that further.  As far as appointing Bode as the EDA’s executive director, Ripple stated that that appointment is at the discretion of the EDA and not the City Council.

 

The Council stated they would take the request of changing the commission members from 5 to 7 under advisement and discuss it further at its January meeting.

 

Item #9: Parks, Recreation and Arena Director's Report  Kevin Mooney

 

Director Mooney reviewed with the Council his following written report.

 

Park and Recreation Report – Director Kevin Mooney

December, 2011

 

Arena:  The arena is very busy right now.  We are running a lot of youth games, high school games, and just completed a successful girl’s hockey tournament.  Our ice times are pretty much booked solid.  The building and mechanicals are working great, no issues at this time, knock on wood.  The ice is in very good shape, and our thickness is almost perfect.  We did $22,750.50 in ice sales and rentals for November. Staff is doing a good job keeping the facility in order and serving the public.  The annual Skate with Santa event is this Saturday December 10th from 1-3 pm.  We have managed to save the Broomball League for at least 1 more season.  The league will again be played on Wednesday evenings, and has 5 teams this year.  It appears that broomball is struggling everywhere.  There are no leagues in the St. Cloud area, and the Brainerd league just folded.  It’s not a lot of ice rental, only about $200 per week, but it is nice to have an event on the always hard to sale Wednesday night ice.    

 

The arena is working with the Richmond Civic and Commerce to do a marketing campaign, to promote Richmond businesses during the winter indoor ice season.  The promotion is coupons from various service businesses in town, with a map of their locations.  Hopefully this will help our businesses attract more of the people coming to the arena for hockey and skating events.  There really is an untapped revenue source there for Richmond.

 

 

Parks Programs:

 

Outside Skating Rink:  The weather has finally turned toward winter.  Temperatures are getting cold enough to start work on the ice outside.  We’ll begin watering the soil in the next couple days.  Even if the temperatures climb again, we’ll have the ground saturated.  We’ve completed the improvements to the facility.  The warming house roof and doors have been replaced, as well as the new lights.  These were much needed repairs to a facility that has been overlooked for sometime. 

 

Rocori Trail:  Nothing really new about the Rocori Trail at this time.  We’ve finish the appraisal for the corridor and are gathering interested parties for the excess lands that the trail will not need for completion. It appears we should hit the April 15th timeline for the construction phases to begin.  The meeting on December 1st was my last as Board Chairman.  We will be appointing a representative from Rockville to Chair in 2012. 

 

 

 

Glacial Lake Trail: I’ve spoken to Trvge Hanson of the DNR about the Sauk River Bridge, and he stated that the completion should be August 3, 2012.  After which time he stated the trail would be paved through town to 178th Street.  This works very well with the Rocori Trail construction plan. 

 

 

Trail Pavilion: The Trailhead Pavilion construction is underway.  The building is hooked up to City water and sewer, floor and in floor heating is down, side walls and structure is in place.  The roof will be going up the second week of December.  The group is hoping that the public will see construction underway, and that will help with fundraising efforts.  The group has raised about $49,000 to date, but still remains about $20,000 short.  Fundraising efforts continue, and we re-applied for Legacy Grant funds, results of which should come later this month.  Our grant application asked for $30,000.  If we get that amount, we could then divert some of the C and C raised funds to other parks projects.  Maybe, Music in the Park Gazebo for the bands to play under, new scoreboard at Royals Park, or something else.  Let’s cross our fingers and hope for a successful grant application. 

 

Safe Routes to School:  Nothing new on the SRTS trail.  We’re just waiting until later in the winter to publish for construction bids. 

 

Parks Commission:  Now that the arena season is going.  I’ll begin putting together ideas for our parks advisory group.  We should have something in place by January or February. 

 

Item #10: Police Department Report – Police Chief Phil Jones

 

Chief Jones reviewed with the Council his following written report.

 

On November 10th,  a Cold Spring-Richmond Officer was called to Plantenberg’s Food Pride Store in Richmond for a robbery, which had just occurred.  This incident started by a male subject going up to the checkout counter appearing to make a small purchase. The robber grabbed cash from inside the till and fled the scene. No weapons were shown and fortunately no one was hurt.

 

Through investigation Officers were able to come up with a suspect.  On November 21st  Cold Spring-Richmond Officers made contact with the suspect and located not only the vehicle believed to have been seen leaving the scene, but clothing/shoes matching the ones used during the robbery. The suspects names are not being released until formal charges are filed. Through investigative cooperation Cold Spring Richmond Police believe these individuals are also responsible for other crimes in Central MN, including a robbery in another jurisdiction.

 

In addition to the robbery two burglaries were reported the morning of November 17th  2011.  Cold Spring-Richmond Officer’s were called to Haffley’s Bar and Regional Health Care in  Richmond, where both businesses had obvious forced entry. Acting on information from a citizen, officers were able to come up with a suspect the same day. It was determined that this suspect had a current department of corrections warrant for his arrest. On November  23rd, a Cold Spring-Richmond Officer arrested the suspect in St Cloud. The suspect was identified as a Billy Ashmore (29) of Paynesville. Ashmore was arrested for the DOC warrant and possession of approximately 4 grams of methamphetamine. The officer also located several black face masks, multiple pairs of gloves, and a number of large pry bars. A cursory inspection shows a possible match to the pry marks left at the scene of the Haffley’s Burglary.  

 

Research on MNcriminals.com and found that Billy Ashmore is no stranger to the criminal justice system.  MN Criminals.com a free public website shows Billy Ashmore has been arrested at least eight times prior to this incident.  Some of these previous arrests include a 2nd Degree burglary/possession of burglary tools, receiving stolen property, a 5th Degree controlled substance, a 3rd Degree controlled substance and a Felon in the possession of a firearm. 

 

Both during the investigation and after the arrests, several people have come forward with reports of suspicious incidents involving the actual suspects.  While the Police Department would like to thank those concerned citizens, they can’t emphasis enough the importance of reporting this behavior immediately upon witnessing it. Citizens who reside in the Cities of Cold Spring, Richmond and in Wakefield Township can contact their Police Department at 320-685-8666 or 320-251-4240 (non-emergency after hours number)

 

Chief Jones states that he is pleased with the efforts put forth by the Police Department and says that there is still a lot of work to be done in finishing up both these cases, as well as trying to link them to other crimes in the area. 

 

Item #11: Public Works Director's Report – Gordon Dingmann

 

Director Dingmann reported to the Council that during the City’s first snow event he did have one complaint of damage to a property owners lawn.  Dingmann again ask for the public help by setting flags to mark their property line.  Many of the City Streets do not have curb and gutter and have varying width which make it very difficult, in a snow event, to see where the street ends and where lawn begins.

 

 

Item #12: City Engineer's Report – Randy Jenniges

 

Engineer Jenniges informed the Council that the City needed to deobligate grant funds relating to the 2010 Central / Southside Street project.  Jenniges stated that the City received approximately 1.2 million dollars of grant dollars.  Of that City utilized all but $39,287.11 and it is that amount that needs to be deobligated by the City.

 

Consideration of Resolution 197-11 A Resolution Deobligating Rural Development Grant Funds.

 

A Motion was Made to Approve Resolution 197-11 by Mathiasen, second by Paczkowski.  Motion passed unanimously.

 

Jenniges also reviewed with the Council Electrical Pay Application No. 1 regarding the Main Street overhead wiring project.  Jenniges recommends the Council approve this pay application.

 

Consideration of Resolution 199-11 A Resolution Approving City Engineers Action Request.

 

A Motion was Made to Approve Resolution 199-11 by Kron, second by Mathiasen.  Motion passed unanimously.

 

Jenniges reported that this past Saturday, December 3, 2011, the business owners on the North side of Main Street in the down town area experienced a power failure called a “brown out”.  This power failure happened with one of the new poles and transformers that was just recently installed relating to the Main Street Overhead Electrical project.  Business’s such as Plantenberg’s, Richmond Lanes and Jill’s Café suffered losses do to that “brown out”.  Jenniges stated that he along with Administrator Bode have contacted Xcel Energy and they are looking into the situation.

 

Jenniges reminded the Council that the area City tour is on Friday, December 9, 2011.  Meet at City hall at 2:30 pm.  All business owners, EDA and Council have been invited.

 

Item #13: Water/Waste Water Operator Report  Greg Stang

 

Stang reviewed with the Council his written report, noting that both the water and waste water plants are running well further noting that the waste water plant is again chemical free.  The reeds in the reed beds have been cut and just waiting for the right wind direction to burn them.

 

 

Item #14: Fire Department Report – Fire Chief Chuck Merten

 

Chief Merten reviewed, with the Council, his submitted written report.  Noting that for the month of November there was a total of 6 calls.  All 6 were medical calls.

 

Merten reported to the Council that the three perspective new firefighters have had their background checks and physicals completed.  Chief Merten recommends the Council’s approval of appointing and hiring these three applicants as probationary firefighters

 

Mayor Hemmesch, do to conflict of interest, turned the meeting over to Acting Mayor Mike Mathiasen.

 

Consideration of Resolution 198-11 Appointment of Josh Worm, Randy Schackmann and Jim Hemmesch as Probationary Firefighters.

 

A Motion was Made to Approve Resolution 198-11 by Paczkowski, second by Mackedanz.  Voting in favor: Mathiasen, Paczkowski and Kron.  Abstaining: Hemmesch.  Motion passed.

 

Acting Mayor Mathiasen turned the meeting back over to Mayor Hemmesch.

 

Merten also reported that Richmond Fire Department participated in a house burn with the City of Cold Spring and Richmond Department is working with the Richmond Lions to put on a CPR class.

 

Merten informed the Council that he has spoken to Dan Holthaus the President of the Chain of Lakes Fire Department (CLFD) regarding the fire / rescue coverage on the Highway 23 corridor between the bridge West of Casey’s and than East to the stop and go light at the intersection of CSAH 71 (Pine Ave).  Merten stated that Mr. Holthaus after meeting with the CLFD Board stated that Highway 23 corridor would stay in the City of Richmond Fire Department Fire Service Area.

 

Item #15: City Attorney Report – Adam Ripple

 

Attorney Ripple reviewed with the Council a memo that he had sent to Administrator Bode regarding the following items that are still open or pending

 

-EDA: Resolution for increasing the EDA to 7 members

 

-DNR Deed Swap

 

-Anything Outdoors:  Development agreement

 

-Franchise Fees

 

-Blighted Buildings

 

-HR/ Employee Handbook

 

Item #16: City Administrators Report – Martin M. Bode

 

Nothing additional

 

Item #17: Council Reports -

 

a.                   EDA, nothing additional

 

b.                  Planning Commission, next meeting to be held on 01/04/12, 6:30 p.m. at City Hall, joint meeting with City Council for the purpose of conducting two public hearings, one public hearing for floodplain ordinance revision and the second public hearing for rezoning of Tower Acres.  This meeting was originally planned to take place at tonight’s meeting however do to a miscommunication between the City and the local paper the public notice did not get posted.

 

It was also noted that the Planning Commission has a commission position open effective January 1, 2012.

 

c.                   ROCORI Trail, next meeting to be held on 01/05/12, 9:00 a.m. at City Hall in Rockville.

 

Item #18: Additional Purchase Requisitions

 

Council approved of adding two items to the Purchase Requisition.  Item 1 is 2012 membership dues to the Greater MN Regional Parks & Trails Coalition, and Item 2 is approval of a Certification Module for the City’s Utility Billing software.

 

Motion to approve of additional Purchase Requisition by Mathiasen, second by Kron.  Motion passed unanimously.

 

Item #19: Other Matters and Related Issues.

 

Administrator Bode informed the Council that during a resent area city administrator luncheon that an idea was brought up to form a Regional EDA organization, i.e. the City of Richmond, Cold Spring and Rockville.  The main purpose is to support mutual cooperation for the greater good of the Community as a whole and try to have a more uniform building code and TIFF requirements so as to lesson the opportunity of perspective businesses pitting cities against each other.

 

Councilmember Mackedanz wanted to make note for the record that he abstained from discussion or decision regarding blighted building inside the City of Richmond.

 

Adjournment.

 

Mayor Hemmesch asked if there were any additional items for the Council to consider.  Hearing no further comments, he asked for a motion to adjourn the meeting.

 

A Motion was Made to Adjourn by Paczkowski, Second by Mathiasen.  Motion Passed Unanimously.

 

Mayor Hemmesch declared the meeting adjourned at 8:43 p.m.

 

Respectfully Submitted,

 

 

Martin M. Bode

Administrator/Clerk/Treasurer