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HomeMy WebLinkAbout2009-05-08 CC MIN Special Meeting ater TMI IIRTH,lACE OF MINMEIOTA City of Stillwater Special City Council Meeting Teddy Bear Park Building May 8, 2009 SPECIAL MEETING 8:00 A.M. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen Mayor Harycki called the special meeting to order at 8:12 a.m. Lobbyist Discussion Mayor Harycki noted that four responses had been received in response to the City's Solicitation of Interest for lobbying services. He said the question is whether in these difficult economic times, the City wants to spend funds for lobbying services. Mayor Harycki spoke to the support of the City's state legislative delegation. Councilmember Polehna said he felt the City had made more progress on projects/bills of interest this year without the services of a lobbyist than in the previous four years when the City did have a lobbyist. Councilmember Cook questioned what a lobbyist could do that City officials haven't already accomplished for this legislative session; she suggested waiting to see what happens this year before deciding whether lobbying services are needed in the future. Councilmember Polehna suggested holding a Council retreat in October or November to discuss legislative priorities. It was consensus not to hire a lobbyist for this year. Department Plan Mayor Harycki said he had received calls from people regarding the time Public Works employees spend leaving and returning to work sites for rest breaks. Mayor Harycki suggested taking breaks on site and utilizing signage that explains "15 minute break in progress." City Administrator Hansen pointed out that employees now take just one break, rather than two, to address that issue; and he did not believe this was an issue. Councilmember Polehna noted that a recent staff change is bringing a higher degree of professionalism to the Public Works Department. Councilmember Cook pointed out Public Works employees have high visibility and are an easy target and stated she thought bringing the new professionalism to the department is what is needed and expected. Councilmember Gag said the Council needs to put more trust in its department heads. Mayor Harycki said the Council and City Administrator Hansen need to set standards/accountability. Councilmember Roush pointed out that with trust comes Special Meeting May 8, 2009 expectations and that the hot buttons for residents in his Ward are flooding of ice rinks when the temperatures would not warrant that activity and snow removal, which sometimes appears as busy work. Councilmember Roush sajd he thought the City was behind the curve in striping of lanes and crosswalks. It was noted that many of the streets where striping is needed are County roads. Motion by Mayor Harycki, seconded by Councilmember Roush to direct City Administrator Hansen to send a letter to the County, with a copy to Commissioner Kriesel, asking for increased awareness of striping needs in the City of Stillwater and asking for stepped up striping efforts. Councilmember Gag suggested having a workshop meeting with County officials to discuss a number of issues. Mayor Harycki withdrew his motion; Councilmember Roush said he would not withdraw his second, saying both approaches are needed. Mayor Harycki reinstated his motion. All in favor. Mr. Hansen said he would mention a workshop possibility in his letter to the County and said his approach to the issue in his letter would not be adversarial. Mayor Harycki spoke of calls regarding an unfriendly attitude on the part of police officers. Councilmember Cook said she had received similar calls. There was discussion of visibility of officers in neighborhoods and on the streets. City Administrator Hansen said he was very surprised to hear this type of comment, but stated that he would talk to the Chief about the concern. City Administrator Hansen also pointed out that the department has been operating short of staff. Councilmember Cook said if the Council's role is more policy making/setting tone, she would not want to be reactive to specific situations; and that her expectation would be to carry back these concerns to the department head. She said she was looking for more innovative approaches from department heads. Later in the discussion regarding the Police Department, Councilmember Cook said she would like to see more foot patrols in the downtown area and would like to see the concept of community policing explored. Mayor Harycki called for police presence in the neighborhoods on a regular basis. City Administrator Hansen said departments do become reactive in trying to please the Council, dropping everything in an effort to respond to a specific call. Councilmember Polehna suggested this was another instance of the need for the Council to set priorities for the departments. Mayor Harycki suggested department heads are not using staff report time on the agenda properly to convey concerns about workloads. Councilmember Roush said a point of contention for all residents is "truck-zilla," the parking enforcement vehicle. Page 2 of 12 Special Meeting May 8,2009 Councilmember Roush expressed a concern about the way the Max-Todo lease extension was presented to Council as a Consent Agenda item. Councilmember Gag suggested sending agendas and packets as an electronic file to conserve time and paper. Energy Plan Mayor Harycki said he didn't think the City had a good plan for accommodating alternate energy sources to ensure that the energy facilities are consistent with the character of the City, noting that the City has design guidelines for the downtown along with infill design guidelines for the Historic District. Councilmember Roush pointed out the City has no architectural standards for the Rural Residential areas to ensure that the rural character is preserved aesthetically, suggesting that the cell tower at the Jaycee ball field is an example of something that doesn't fit the character of the neighborhood. In discussion, it was noted these are design guidelines, not ordinance. Mayor Harycki spoke of the need for an overall energy/conservation policy, as well as a policy related to design guidelines for alternate energy sources/facilities. Councilmember Cook suggested a good starting point might be a presentation by an outside expert on energy-related issues. It was consensus to put energy conservation as one of the Council's possible priorities. Mayor Harycki recessed the meeting at 10:05 Mayor Harycki reconvened the meeting at 10:21 Commissions/Boards Term Limits Councilmember Gag said he thought going to interviews with commission applicants was a good move. Councilmember Roush pointed out that not all commissions hold interviews, noting the Charter Commission rarely interviews applicants. Mayor Harycki suggested there is some advantage to having new blood on the commissions. Councilmember Cook said she was for encouraging citizen participation but also spoke of the need for expertise on commissions, such as the Heritage Preservation Commission. Commissioner Roush suggested another aspect to the issue might be limiting the number of years a person can serve as chair of aparticular commission. Mayor Harycki said he could support a 10-year limit on a particular commission. It was noted there are different term lengths for the various commissions. Councilmember Roush suggested limiting membership to two terms on commissions with three-year appointments and three terms on commissions with two-year appointments. During discussion, Commissioner Roush suggested that the term limits could be waived if there are not new applicants for a particular appointment. City Administrator Hansen pointed out that it takes two years for a person to become a good planning commission member Page 3 of 12 Special Meeting May 8, 2009 and suggested that six years might be too short a time for a term limit. It was suggested that all commissions be three-year appointments, which would allow having a nine-year term limit. Commissioner Roush suggested terms start mid-year to avoid terms coinciding with Council changes; it was agreed to have terms begin May 1. Mayor Harycki summed up the discussion by noting that the new policy would limit membership to three terms, with reappointment to a fourth term permitted at the discretion of the Council if there are no other applicants, and allowing a member who had reached term limits on a particular commission to apply for membership on another commission. Councilmember Cook spoke about the need to maintain expertise, specifically on the Heritage Preservation Commission, and expressed a concern about maintaining the same level of expertise as the most senior members of that commission possess. Councilmember Gag clarified that according to the policy, someone could be appointed to a fourth term if there are no other qualified applicants. Motion by Councilmember Roush, seconded by Mayor Harycki to implement three-year terms for all boards/commissions, terms beginning May 1 in staggered years per the discretion of City Attorney Magnuson and City Administrator Hansen to determine when the terms begin. After discussion, Mr. Roush amended his motion to indicate the terms apply to Planning, Parks, Heritage Preservation, Human Rights, Downtown Parking and any future commissions that may be formed. Mayor Harycki amended his second. Motion passed 4-1, with Councilmember Polehna voting no. Capital Requests/Personnel Mayor Harycki said he had all department heads pull together capital and personnel requests. He spoke to the City's limit on bonding capability and the limit for borrowing. He noted Chief Glaser had inquired whether to submit a grant application for stimulus money for construction of a new fire hall. Councilmember Polehna raised the issue of a community center. Mayor Harycki noted the Guard is still interested in a new armory here, but the Recreation Center is no longer a viable site; and that the City would have to buy a site, about 14 acres, and donate it to the Guard, but in exchange the Guard (Defense Department) will give the donated land by the Rec Center back to the City. Regarding the new fire hall, Councilmember Cook said she didn't think stimulus money could be used for capital and thought projects had to be shovel-ready. City Administrator Hansen said he thought the definition of "shovel-ready" would change. Mayor Harycki said Chief Glaser was looking for guidance as to whether to even apply for a grant; and that Chief Glaser suggested that perhaps the City will have to do a site plan for the grant application and said the Chief also raised the possibility of tying federal grant money for cleanup of the dump site to the grant for a new fire hall. Councilmember Gag pointed out the dump site has the advantage of already being off Page 4 of 12 Special Meeting May 8, 2009 the tax rolls and said he would support trying for the grant. Mayor Harycki suggested the Chief ought to be given the direction to find out if the project would even qualify for stimulus grant monies and whether a site plan is actually needed and then come back to the Council for direction as to how to proceed. After checking with Chief Glaser, City Administrator Hansen said the grant application has not even come out yet, but it is the Chief's educated guess that a site plan will be required, and the Chief's concern is there will be a very short time period in which to get a site plan together once the grant application does come out. There was discussion of the previous site work and the potential cost of a completed site study to see if the site will actually work. It was consensus to direct Chief Glaser to continue looking into the grant possibility, expending as little money as possible; after discussion, Councilmember Gag said he would not be comfortable with spending any more than $5,000 for a site plan. Motion by Councilmember Gag, seconded by Councilmember Roush to approve expending up to $5,000 of his budget of $40,000 on a site plan if the grant application requires that for documentation. Mayor Harycki clarified that the $5,000 not be spent until it is determined that site plan is needed. Councilmember Gag agreed to add that condition to the motion; Councilmember Roush seconded the amended motion. All in favor. City Administrator Hansen noted there are also grants for hiring of firefighters. He noted the department is down one full-time firefighter and that is causing issues. He suggested giving the authorization to apply for a grant for personnel, with the Council to determine whether to accept the grant when it is known what the Legislature is going to do to cities. It was decided this should be part of the larger budget discussion Community Center/Armory Councilmember Cook pointed out there is a whole new administration in Washington and suggested checking to see if the interest is still there regarding a new armory. Councilmember Polehna asked whether this (a community center) is still a Council priority; he spoke of the need to involve neighboring communities in any effort. City Administrator Hansen said he did not see the viability of the City going out and buying 14+ acres for a new armory. There was discussion of the desire for an arts/cultural center. Councilmember Cook asked about the impact of an armory on property taxes; City Administrator Hansen responded the impact on property taxes is a negative one. It was consensus to drop the idea of a new armory unless the Guard comes back to the City expressing renewed interest. City Bidding Practices Mayor Harycki said he had been approached by a number of people in the community regarding bidding for professional services, as well as hiring for seasonal positions. City Administrator Hansen explained the issue related to the seasonal employees. Mayor Page 5 of 12 Special Meeting May 8, 2009 Harycki said he felt the process for obtaining services should be open. City Administrator Hansen said he would have no problem bidding out professional services, noting that at present, if the City is seeking services it knows a particular firm has expertise in; it will obtain a proposal from that firm because it likely will be quicker and cheaper. On a general basis, Mr. Hansen said, he had no issue with obtaining quotes from numerous firms. It was decided to see what other cities do regarding a formal process for obtaining professional services. Code Enforcement/Rentals/Cleanup Councilmember Polehna spoke in favor of requiring residents to clean up their yards, as well as the need for cleanup in the downtown area. There was discussion of various problems with junk vehicles, etc. Councilmember Gag suggested that currently it is a situation of enforcement by complaint. Councilmember Roush said there needs to be a distinction between chronic nuisance problems and acute problems, and enforcement efforts should be concentrated on correcting the chronic problems first. Councilmember Cook asked if the City had adequate ordinances to address these problems; City Administrator Hansen said he believed so. Mr. Hansen said the City does not have rental/livability ordinances at this time. Councilmember Polehna suggested hiring a seasonal employee for enforcement. There was discussion of the possibility of having increased trash pickup downtown during the summer season; Mr. Hansen said he would check into that. Councilmember Roush asked about the three-strike policy for landlords. Mayor Harycki said he had heard horror stories regarding rental properties. Councilmember Polehna said he thought the Council had directed Chief Gannaway to check with other cities about dealing with problem landlords. Councilmember Gag spoke of consistency in enforcement. Mayor Harycki asked if the Council wanted special effort on rental properties; Councilmember Roush said he thought rental problems were more prevalent and more systematic. City Administrator Hansen suggested that he meet with Chief Gannaway and City Attorney Magnuson to talk about the issues and see if the City has the ordinances it needs, and, if not, come back with sample ordinances of what is needed; and that he would also talk about staffing issues and make it clear to the Chief that this is a Council priority and will come back with a work plan. There was discussion of the need for downtown merchants to take care of their properties; Councilmember Roush suggested a Council graffiti cleanup day. Councilmember Cook asked about noise enforcement and asked that City Administrator Hansen check with Chief Gannaway regarding that issue; she expressed a concern ab'out traffic/vehicles at Stillwater Residence during evening hours. Mayor Harycki recessed meeting at 12:08 for lunch break Mayor Harycki reconvened the meeting at 1 :27 Present: Councilmembers Cook, Gag, Roush, Polehna and Mayor Harycki Page 6 of 12 Special Meeting May 8, 2009 Staff present: City Administrator Hansen Cayuga Councilmember Roush asked that this be added to the agenda. He stated he had received a message from Sunnyside Marina asking that the City please renew the lease with Max-Todo as he provides valuable services. Councilmember Roush suggested that the City contact Sunnyside and ask if they would be willing to take over the lease for management of the Cayuga on a temporary basis and suggest that they can accommodate Max-Todo if they wish. Mayor Harycki suggested advertising the lease for bid; City Administrator Hansen said he could dust off the original 1999 RFP to publish. Councilmember Roush suggested the State might be interested in using the Cayuga as a construction office. Councilmember Roush suggested that moving forward, the property be referred to by something other than the Aiple property. Councilmember Roush also asked whether $1,500 is the amount the City wants to charge for monthly rent. Mayor Harycki suggested having City Attorney Magnuson clarify the uses that are permitted for the property. Councilmember Roush pointed out there are a number of covered slips shown to the north of the barge on a satellite photo of the site and wondered if this is something that occurs on an annual basis. City Contracts City Administrator Hansen provided a list of contracts prepared by City Clerk Ward and City Attorney Magnuson. Mayor Harycki asked if contracts are re-bid on a regular basis. City Administrator Hansen reviewed the method of negotiating the contracts for fire services. Councilmember Roush asked about the contract with City Attorney Magnuson; City Administrator Hansen briefly reviewed the agreement. Mayor Harycki said he wasn't sure if the City was receiving the best advice for the City of Stillwater or the best advice for the Magnuson Law Firm, Councilmember Roush expressed concern about a possible conflict of interest in that Mr, Magnuson represents other cities, in addition to Stillwater. City Administrator Hansen said he believed Mr. Magnuson would not represent another city if he believed there was a conflict of interest with his representation of Stillwater; Councilmember Polehna pointed out that other area cities have similar arrangements. Mayor Harycki said at the very least he would like to see the bills for legal services; City Administrator Hansen said he does review the bills every month. Mayor Harycki expressed concern about the segregation of duties - regular retainer duties, prosecution, development agreement work, etc, -- and possible conflict of interest and said he would like to see changes made to the arrangement for legal services. There was discussion of the cost of going to an on-staff attorney. City Administrator Hansen suggested having Mr. Magnuson present for a discussion so he could answer the Council's questions directly. Mayor Harycki suggested bidding the contract as the City does with other contracts. Councilmember Gag said before doing that it would be helpful to understand every facet of Mr. Magnuson's work for the City. There was discussion of the cost of prosecution and a suggestion that perhaps the County could take over the City's prosecution duties. Later, Councilmember Polehna Page 7 of 12 Special Meeting May 8, 2009 said he would like to see information on what other cities are doing and how much they are paying. City Administrator Hansen said he did that two years ago and the information is still available. Councilmember Roush asked about the process for renewing contracts when they expire, whether the contracts are renewed exclusively with the current contract holder or put out for bids. Mayor Harycki said he would like to have a f<;>rmal policy where contracts are rebid, on a rotating basis, every four years. Councilmember Gag agreed that is general business practice and also provides a way to communicate/evaluate vendors. There was discussion of some specific contracts. Motion by Mayor Harycki, seconded by Councilmember Roush to have all city service and consultant contracts, circumstances permitting, bid out every four years. City Administrator Hansen said it would take him a while to develop a work plan for the bidding, Councilmembers Gag and Cook said they would like to see an exact list of the contracts to be included in the policy before voting on the motion. Councilmember Roush said he would withdraw his second and table the issue until the list is developed. City Administrator Hansen said he would prepare a complete list of contracts and asterisk those that he thinks could be removed from the proposed bidding policy. Motion failed for lack of a second. Budget Guidance The Council reviewed some past financial information including revenues and debt load. There was discussion on the impact on borrowing and the build-out of the City, City Administrator Hansen suggested the City needs to be careful in the timing of future projects. City Administrator Hansen said he would be trying his hardest to avoid new capital bonding for equipment in the coming years. Councilmember Cook spoke of the possibility of sharing or renting equipment; City Administrator Hansen said sharing and consolidation will be more common in the future. Councilmember Roush asked Mr. Hansen if he felt Public Works was turning over equipment before it should be turned over; Mr. Hansen responded that at one time that might have been the case, but he doesn't see that now, and he noted there is a cost associated with trying to stretch the life of a machine too far. There was some discussion of upcoming contract negotiations, including zero percent increase and the possibility of voluntary furlough. Page 8 of 12 Special Meeting Maya, 2009 Fees Councilmember Roush said he would like to make good on a campaign promise and rescind the lighting and sign fee. He stated in Ward 3 residents are paying for their own yard lights, in lieu of street lights, and paying for the maintenance of the lights, so they are paying double for their street lighting. Mayor Harycki said the situation similar on the North Hill where there are very few street lights, and he suggested the fee was a gimmick to get around levy limits. Councilmember Cook pointed out the fee is a way of getting properties that are not on the tax rolls to pay for the service. City Administrator Hansen pointed out the cost of signage and lighting will not go away and will have to be absorbed by other departments; and that eliminating the light/sign fee revenue source amounts to about $360,000 or a little over six positions. City Administrator Hansen pointed out that immediately after the fee was instituted, the City installed the new street lights on Curve Crest Boulevard, lights the City is still paying for, so that fund is still in the hole; he also noted 21 other cities have recently implemented such a fee due to the budget crunch. Councilmembers Polehna and Gag asked what would be cut if the fee is eliminated. Mayor Harycki said he felt that department heads could come up with another $350,000 in cuts again reiterating that he is paying for street lights that he doesn't have, and doesn't want, in his neighborhood, Councilmember Polehna pointed out that other folks might not use the library or the Recreation Center, but they are still paying for those services, and he said the council needs to consider the City as a whole. Councilmember Gag said he would prefer to have a larger discussion of all fees. Motion by Mayor Harycki, seconded by Councilmember Roush to give staff guidance in the 2010 budget preparation to find enough cuts to offset the loss of tax revenue of the light and sign fee. Motion failed 2-3 (Ayes: Mayor Harycki & Councilmember Roush; Nays: Councilmembers Cook, Gag & Polehna). There was brief discussion of planning/zoning fees and the sandwich board fee, Councilmember Gag pointed out the sandwich board fee was implemented after much discussion and with Chamber input and is dedicated to downtown beautification efforts. Mayor Harycki spoke in favor of eliminating the sandwich board fee. Councilmember Cook said she would like to have the sandwich boards regulated but not charge the businesses a permit fee. Councilmember Roush spoke in favor of reducing the fee, from $50 to perhaps $25 for appealing decisions by advisory commissions. Councilmember Gag suggested not charging residents, but charging contractors/developers who may want to appeal a decision. In the discussion, it was noted there is a cost involved in appeals, costs such as publication of notices, mailing costs, etc. Councilmember Roush said he was alright with the fee due to the associated costs. Page 9 of 12 Special Meeting May 8, 2009 Mayor Harycki brought up issue of the cost of mailing minutes to people who have requested to be on a mailing list and the cost of mailing agendas. Councilmember Roush suggested adding the cost of postage to the charge. Mayor Harycki spoke in favor of keeping liquor fees at current levels, Councilmember Roush suggested changing the terminology of the police fee for audio/video "tape" copies. City Administrator Hansen pointed out that the fee for vendor inspections has been delayed pending clarification from Council. He said there was a change for Summer Tuesdays, setting the fee to $50 for the entire summer, and also a vote to not change the fee from $25 a day/$1 00 maximum for other events. He said the Chamber told the City to bill it for the Art Fair inspections, which the City did, but the bill for the $1,500 in vendor fees is still owed; the Chamber's response is that the City owes $600 in membership fees, plus an additional amount for participation in an event at the State Fair. He asked the Council for direction. Mayor Harycki suggested this is related to the issue of fire inspections. Councilmember Polehna said the vendor inspection fee was only to be for those cooking with gas, It was decided to make changes to the fees, line item by line item, with City Administrator Hansen to come back with the ramifications of the suggested changes, Mayor Harycki spoke in favor of eliminating the fee for the sandwich board permit. Councilmember Roush suggested having any administrative fines charged for non- compliance of the sandwich board sign regulations dedicated to downtown beautification. There was discussion of enforcement. It was agreed to add cost of postage to the charge for mailing requested documents, maps, etc. It was agreed to leave liquor/tobacco fees at current levels. Mayor Harycki spoke in favor of eliminating the fire inspection fees and vendor inspection fees. Councilmember Roush suggested charging the fire inspection fee to larger buildings as they are more time intensive inspections; that suggestion was later dropped. Motion by Councilmember Gag, seconded by Councilmember Polehna that the changes listed above is looked at by staff, with staff to report back on the ramifications, financial and other ramifications. All in favor. Motion by Councilmember Polehna, seconded by Councilmember Gag to direct City Administrator Hansen to offset the Chamber fees for vendor inspections for the Art Festival versus what the City owes for dues and participation in the State Fair. All in favor. Councilmember Roush raised an issue with businesses who litter the City with temporary, nuisance signage and encouraged strict enforcement of the sign ordinance. There was discussion regarding the City's policy related to garage sales and realtor signs. It was agreed to have Community Development Director Turnblad report on the signage ordinance at a Council meeting. Page 10 of 12 Special Meeting May 8, 2009 Council Priorities Councilmember Cook said she would like to see some attention paid to providing improvements/amenities to Lowell Park. Councilmember Gag said, in addition to core services, his priorities would be Lowell Park, the levee wall and the bridge. Councilmember Polehna suggested athletic facilities are lacking; he said he is working on a survey of needs and a survey of potential area community support. Mayor Harycki spoke of planning for alternative energy and developing design standards so facilities fit into the historic character of a neighborhood. City Administrator Hansen said he would have Community Development Director Turnblad check and see what other communities have done in this area. Councilmember Polehna said his notes indicate the Council had listed possible priorities during the day's discussions as: energy conservation, fire station issues, City/resident cleanup/code enforcement, municipal barge terminal, bridge and traffic. Mayor Harycki referred to the discussion regarding striping of roads and more visible police presence, Regarding direction for the 2010 budget, it was agreed that striping, municipal barge and cleanup/code enforcement are priorities. Mayor Harycki suggested obligating 5% more of the street improvement budget to mill and overlay projects versus total reconstruction projects. Councilmember Roush mentioned a dog park as a possible priority. Councilmember Cook spoke of the importance of economic development; City Administrator Hansen noted with the completion of the Comp Plan this is to be a focus for the Community Development Department. Budget Directives Mayor Harycki said he expects to see 0% increase with City labor contracts. There was discussion of employee take-home vehicles; City Administrator Hansen said he would check on contracts that involve vehicle allowances/take-home vehicles. Mayor Harycki noted that property values are down 5%, and he would like to see what a 5% decrease looks like. Councilmember Gag suggested giving the direction to prepare budgets of 0% increase, 5% and 10% decreases and the implications of each. Page 11 of 12 Special Meeting Maya, 2009 Councilmember Cook suggested looking at the possibility of sharing equipment/services; there was discussion of some of the issues involved with consolidation. It was consensus to give direction to staff to prepare budgets of 0% increase and 10% decrease. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Cook to adjourn at 4:55 p.m. All in favor. ATTEST: Lar~~~, Ci~ator Page 12 of 12