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HomeMy WebLinkAbout2007-01-16 CC MINCITY COUNCIL MEETING NO. 07-02 January 16, 2007 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Captain Peterson City Clerk Ward APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Gag, seconded by Councilmember Milbrandt to approve the January 2, 2007, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Certificate of Achievement -Stillwater Area Schools - 2006 Adapted Soccer Team Mayor Harycki presented a certificate of achievement to the Stillwater Area Schools 2006 Adapted Soccer Team in recognition of the team's 12-1 record and state and conference championships and individual conference/state honors. Certificate of Appreciation -Heritage Preservation Commission -Brent Peterson Mayor Harycki read a certificate of appreciation for Brent Peterson's years of service on the Heritage Preservation Commission. Certificate of Appreciation -Human Rights Commission -Ellie Samuelson Mayor Harycki read a certificate of appreciation for Ellie Samuelson's years of service on the City's Human Rights Commission. OPEN FORUM Bruce Werre, 1314 Meadowlark Dr., chair of the Lake McKusick Water Association, showed some recent photos of the lake indicating the presence/growth of algae. He City Council Meeting - 07-02 January 16, 2007 stated the Association would like to be part of the process of the upcoming consultant's study of the lake. Paul Randall, 1307 Broadway St., said he had been active in the last campaign season and said he had heard concerns voiced regarding an issue that was to be discussed during the meeting. Mayor Harycki noted the Open Forum is a time to address the Council regarding subjects that are not a part of the meeting agenda. Mayor Harycki suggested an appropriate avenue for Mr. Randall to express his thoughts would be to contact members of the Council via e-mail or phone. STAFF REPORTS City Administrator Hansen told the Council the search for police chief is underway and asked for two Council volunteers to assist with the search process. Mayor Harycki and Councilmember Milbrandt volunteered to serve on the selection panel. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda as presented. Ayes: Gouncilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Resolution 2007-14, directing payment of bills Possible approval of Annual Bocce Ball Tournament on Saturday, February 24 -Brine's Possible approval to purchase thermal imaging camera -Fire Department Possible approval of temporary liquor license -Church of St. Michael -January 20, 2007 Possible release of funds -book return -Library Resolution 2007-15, approving Pay Equity Report Resolution 2007-16, approving agreement with Courier Newspapers for legal publication of proceedings for the year 2007 Resolution 2007-17, approving agreement with Stillwater Gazette as legal newspaper for legal publications for the year 2007 Possible approval to purchase computer for Police Department Resolution 2007-18, approving maintenance agreement for anti-virus software Resolution 2007-19, approving maintenance agreement with SignCAD/CAM -Public Works Possible approval of utility billing adjustments Page 2 of 9 City Council Meeting - 07-02 PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There were no unfinished business items NEW BUSINESS Possible approval of abatement request January 16, 2007 Finance Director Harrison told the Council the City had received payment for a special assessment on Nov. 8, 2006. However, the payment was inadvertently missed when the City certified the assessments to Washington County, she said, and asked that the Council approve abating the certification. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-20, resolution abating special assessment for parcel no. 33.030.20.31.0001 (LI 369) Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Charter Commission Request for Scrivener's Changes City Attorney Magnuson explained that the Charter Commission undertook a project to review the Charter for inconsistencies in grammar and gender references. The Commission has asked that the Charter be changed to correct the errors/inconsistencies that were found as a result of the project. He noted there are several ways to accomplish the changes, such as by ballot or ordinance. However, he stated, in his opinion, all of the requested changes are substantial and the changes could be done by a simple motion. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the scrivener changes as recommended by the Charter Commission. All in favor. Possible approval to order RFP for the fire station site evaluation/feasibility study Fire Chief Glaser reviewed the request to solicit RFPs for a site evaluation/feasibility study for possible construction of a new fire stationfpublic safety facility on City-owned property at 2000 W. Myrtle St. Chief Glaser stated the request for RFPs would be published in legal publications, as well as the City's website. Chief Glaser noted the study would review all the environmental-related issues regarding the site. Page 3 of 9 City Council Meeting - 07-02 January 16, 2007 Councilmember Polehna asked about the potential cost; Chief Glaser noted that the Council had approved/budgeted $25,000 for the study. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2007-21, approve ordering advertisement for request for proposals for the fire station site evaluation/feasibility study Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Board of Review Duties City Clerk Ward stated that for the past three years, Washington County has performed Board of Review duties for the City. In order for that practice to continue, the City must pass a resolution authorizing the County to do the City's Board of Review duties for a certain period of time. City Administrator Hansen explained the Board of Review is the time when property owners can challenge an assessed valuation; he noted that the County has been doing the City's Board of Review duties for a number of years by contract. Mr. Hansen pointed out that for the City to do the Board of Review itself, it would require the appointment of athree-person panel, including two Councilmembers, one of whom is trained in the process, and he noted the training period has already passed for the upcoming year. Mayor Harycki asked if having the City do the Board of Review might have alleviated/avoided the current situation regarding the downtown assessments; City Administrator Hansen said he did not believe that would have changed, as the City would still have to follow state statute regarding assessed valuation. Councilmember Milbrandt noted that, with the exception of this year's downtown situation, there have never been any complaints/issues with the County doing the Board of Review. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-22, approving transfer of the city's board of review duties to Washington County, for another three years, with the understanding there is a 12-month cancellation clause. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Possible approval of resolution for bond sale - 2007 Capital Outlay Finance Director Harrison reviewed the request to conduct a bond sale for Feb. 6, 2007. The proceeds of the bond sale will be used for capital outlay purchases approved during the 2007 budget process. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2007-23, resolution providing for the competitive negotiated sale of $1,290,000 General Obligation Capital Outlay Bonds, Series 2007A. Page4of9 City Council Meeting - 07-02 January 16, 2007 Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Possible approval of contribution toward July 4 Fireworks City Administrator Hansen explained the City has been asked to contribute $15,000 to help defray the cost of fireworks and provide amenities such as Port-a-Potties for the July 4 celebration. Mr. Hansen noted that traditionally the City has contributed to the July 4 fireworks, not the Lumberjack Days celebration. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the $15,000 City contribution for fireworks. All in favor. Possible approval of Developers Agreement relating to 8080 Neal Avenue utility hookup City Administrator Hansen noted this issue was discussed at the last Council meeting. The request relates to a property located just outside the City limits; the property has a failed septic system, and the owner would like to hook up to City services. Attorney Magnuson explained the specifics of the agreement, which requires the property to be annexed to enable the City to charge for hookup fees and water/service services, but {prevents the subdivision of the property until the owner goes through the normal platting process. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2007-24, approving development agreement with Stephen J & Barbara K Kochendorfer Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None There was discussion of the requirement that the property be zoned AP when it is annexed; it was noted that the upcoming Comprehensive Plan update will likely resolve issues related to the AP zoning. Discussion on National League of Cities conference City Administrator Hansen stated the Conference is scheduled for March 10-14 in Washington, DC. Mayor Harycki asked for discussion as to how many Councilmembers should attend, and asked how much has been budgeted for attendance. Mr. Hansen stated this is an important conference and suggested that the Mayor should attend if at all possible. Councilmember Milbrandt suggested it might be good for Mr. Gag to attend as a new Councilmember; Mayor Harycki suggested that it might be good for the new Council appointee to attend as well. City Administrator Hansen asked that anyone planning to attend contact him as soon as possible. Mayor Harycki suggested making tentative arrangements for three people, himself, Mr. Gag and the new appointee. Page 5 of 9 City Council Meeting - 07-02 January 16, 2007 Possible approval of City Retainer for 2007 (Resolution -Roll Call) City Administrator Hansen stated the proposal provides for athree- percent increase in retainer services over last year. Mayor Harycki stated that a taxpayer recently initiated an inquiry into this issue and said he was surprised that the agreement with Mr. Magnuson amounts to a salary, W2 wages, rather than a retainer. City Attorney Magnuson said this is a unique arrangement with a mix of services; he stated the agreement with the City, entered into in 1982, is truly a retainer, an act that binds an attorney to client and client to attorney. He reviewed the services to the City covered by the agreement, services such as advice to the Mayor, Council, Commissions and Departments, as well as all legal research and drafting of ordinances. Mr. Magnuson said the proposal sets out the different categories of services that he is allowed to bill for; the only difference in the proposal, is the hourly rate. He reviewed the requirements involved in prosecution, and noted that he has a staff of four to provide that service. Mayor Harycki said he had pulled this item from a previous Consent Agenda based on a taxpayer inquiry; he pointed out that this one department represents about 3 percent of the City's total budget. Mayor Harycki noted that this service has not been let out to bid for some time, to see what the market would dictate; he also noted that the City spends about double what the City of Anoka does for legal services. Mayor Harycki said he would favor continuing the contract on a month-to-month basis and looking at the possibility of bringing legal services in-house. Mr. Magnuson noted that to bring legal services in-house, the City would have to hire one attorney for prosecution and another for civil work, as well as consultant services for bond, development agreements, tax increment work, etc. Mr. Magnuson pointed out that he is about to enter his 29th year with the City and noted that while it is the Council's prerogative to advertise for legal services, there is a value to career people in a position, a value that is something not achieved by advertising for a new person every three years. Councilmember Milbrandt pointed out that in August 2005 budget hearings, there was an extensive review of Mr. Magnuson's hourly rate, retainer rate, and comparable fees in the Valley and the Council, at that time, made a conscious decision to adjust those rates, very minimally. That budget was approved unanimously by the Council. He noted the same workshop was held in August of 2006 and again the budget and agreement with Mr. Magnuson was passed unanimously. Mayor Harycki said he brought the issue up because he was unaware the agreement with Mr. Magnuson involved a W2 wage for a part-time position; he also spoke of the total cost of the legal budget. Mr. Magnuson pointed out that the budget reflects retainer and prosecution but does not include charge-back fees that are paid by developers or tax increment work that comes from a different fund. Councilmember Polehna stated he had heard nothing but high remarks for the City Attorney and also spoke of the 2005 budget hearings related to legal services and his findings that the City was very comparable to what other area cities are paying for legal service. Councilmember Polehna said he was very comfortable that Stillwater has such a respected attorney representing the City; he also stated that if any changes are to be made, it should have been done in the last budget hearings. Mayor Harycki spoke in favor of at least taking a look at the issue, given the total amount of the budget, to make sure the taxpayers' money is being spent wisely. Page 6 of 9 City Council Meeting - 07-02 January 16, 2007 Councilmember Gag noted he did not have the 2007 budget experience, but he did have experience with City Attorney Magnuson while serving on the Planning Commission, when he provided much-needed advice related to heated issues. City Administrator Hansen said he had checked with the League of Minnesota Cities and found that the City's arrangement with Mr. Magnuson is not an unusual one; it is the same as utilized by many cities. Mr. Gag said he would not be averse to looking at the issue in the next budget hearings, but would not be in favor of making any change at this time. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-25, approving retainer for City Attorney for year 2007. Ayes: Councilmembers Gag, Milbrandt and Polehna Nays: Mayor Harycki Discussion on Councilmember process City Administrator Hansen pointed out there was lengthy discussion of this issue at the last Council meeting, with the Council deciding on the dates of the interviews and that the interviews not be cablecast, but the actual vote on the appointment made on camera. Mr. Hansen asked for direction on the process, how the voting/election will be conducted - a process of elimination, simple motion. Councilmember Milbrandt noted that in the last appointment that all applicants were interviewed. Director of Administration Knauss said it was her recollection that during the last process, the Council did not go through an elimination process as the School Board did recently; all nine applicants were interviewed over atwo-day period and the discussion came after the second day. Mayor Harycki recalled there were straw votes taken in the previous process. City Attorney Magnuson said he thought the straw ballots involved each Councilmember voting for three people, which had the effect of eliminating several of the candidates. Mayor Harycki spoke in favor of having the vote at the 4:30 p.m. meeting Feb. 6, which would be cablecast, so the appointee could possibly be notified by the evening meeting. City Administrator Hansen said he was fairly certain the meeting would be broadcast; if that can't be accommodated, the vote can be moved to the 7:00 p.m. meeting. It was agreed that a 3-2-1 process of elimination would be utilized. Councilmember Gag asked about the time allocated for the questions and making that process equitable. Councilmember Milbrandt noted that candidates know they have a certain amount of time -- 20 minutes; City Administrator Hansen stated it is up to the Council to control the process so it is equitable regarding time allotted, etc. It was agreed that City Attorney Magnuson and Director of Administration Knauss should be in attendance to provide assistance during the interview process. Mayor Harycki noted the interviews take place during an open meeting and asked about accommodations for people who might be in attendance; Ms. Knauss said it is planned to conduct the interviews in the conference room area and chairs will be arranged to accommodate an audience. Councilmember Gag suggested Page7of9 City Council Meeting - 07-02 January 16, 2007 the first person interviewed is at a disadvantage because the rest would know the questions after the first applicant. City Administrator Hansen pointed out that names for the schedule of interviews had been drawn at random to make things as fair as possible. It was agreed that questions should be made available in advance. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, moved to approve the Councilmember process and timeframe as laid out during the discussion. All in favor. COMMUNICATIONS/REQUESTS Resianation of Ned Gordon from Charter Commission City Clerk Ward said the vacancy is being advertised, with applications taken until Feb. 7. COUNCIL REQUEST ITEMS Councilmember Polehna asked if there was any additional information regarding the discussion about cablecasting or computer broadcasting additional meetings. City Administrator Hansen said he had no additional information about the potential for computer broadcasting at this time; however, he said the Access Channels has suggested starting with the addition of the 4:30 p.m. Council session and Planning Commission and working from there. ADJOURNMENT Motion by Councilmember Milbrandt, seconded by Councilmember P na to rn at 8:30 p.m. arycki, Mayor ATT ST: G~ Diane F. Ward, City Clerk Resolution 2007-14, directing payment of bills Resolution 2007-15, approving Pay Equity Report Resolution 2007-16, approving agreement with Courier Newspapers for legal publication of proceedings for the year 2007 Resolution 2007-17, approving agreement with Stillwater Gazette as legal newspaper for legal publications for the year 2007 Resolution 2007-18, approving maintenance agreement for anti-virus software Resolution 2007-19, approving maintenance agreement with SignCAD/CAM -Public Works Page 8 of 9 City Council Meeting - 07-02 January 16, 2007 Resolution 2007-20, resolution abating special assessment for parcel no. 33.030.20.31.0001 (LI 369) Resolution 2007-21, approve ordering advertisement for request for proposals for the fire station site evaluation/feasibility study Resolution 2007-22, approving transfer of the city's board of review duties to Washington County Resolution 2007-23, resolution providing for the competitive negotiated sale of $1,290,000 General Obligation Capital Outlay Bonds, Series 2007A Resolution 2007-24, approving development agreement with Stephen J & Barbara K Kochendorfer Resolution 2007-25, approving retainer for City Attorney for year 2007 Page 9 of 9