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HomeMy WebLinkAbout2009-11-03 CC MINREGULAR MEETING Mayor Harycki called the meeting to order at 4:35 p.m. Present: Councilmember Cook, Gag, Polehna, Roush and Mayor Harycki Staff: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Community Development Director Turnblad Finance Director Harrison City Clerk Ward OTHER BUSINESS Levee Wall Update THE OINTNOLACE OF MINNESOTA CITY OF STILLWATER CITY COUNCIL MEETING November 3, 2009 4:30 P.M. Brett Coleman, Corps of Engineers, provided an update on the levee wall project and recent meetings dealing with an issue related to flow from McKusick Lake and state funding issues. He said a Scope of Work has been developed to clean up some problems with the engineering documentation report, and the Corps is currently working with SEH to address four issues — an additional topographic survey of the downtown project area, soil borings and testing of materials, update of the interior flood control with Lake McKusick, and a meeting to discuss what can be built with available funds so they can move ahead with developing plans and specs for the construction project. Mr. Coleman explained some of the issues related to flow from Lake McKusick. By mid - January, and that the goal is to have the topographical survey results and the interior flood control options finalized, with the soil survey results finalized by late January/early February. In the meantime, City staff, Corps and SEH will discuss what can be built with available funding and decide how those funds can best be spent; once that decision is made, the project team will develop a Scope of Work. He said it is estimated it may take six to seven months to finish the design for whatever option is decided upon. Mayor Harycki, Councilmembers Gag and Polehna asked whether the previously agreed upon conceptual design plans would still be followed and also stated they thought the design work was nearly complete so actual construction could begin as City Council Meeting November 3, 2009 early as this year. Public Works Director Sanders said the final design shouldn't vary too much from the conceptual design plans; and the final design deals more with construction specifics. Community Development Director Turnblad noted that a lot of work was expended on the levee project as part of the Comprehensive Plan process and said what is seen above ground and how it functions will not differ dramatically from what the Council has already seen in the conceptual plans. Mr. Coleman noted that as the project moves ahead, the project partnership agreement will need to be amended, something that will have to be signed before construction begins; and this agreement is what the Department of Natural Resources (DNR) Water Division needs as a commitment so cost -share money can be made available. Mayor Harycki asked if there had been any new developments regarding the cost -share issue with the DNR. Mr. Coleman said at a recent meeting with himself, City staff and a DNR representative, there was assurance that as long as a project agreement is in place, money, about $400,000, would be available. City Administrator Hansen said he does believe the state money will be available. On a question by Councilmember Gag, Mr. Coleman estimated that the earliest construction could begin would be late summer /early fall of 2010, possibly not until spring of 2011. City Administrator Hansen said he was anxious to get to the partnership agreement, noting that any money spent before the agreement is signed doesn't count for the state fund cost - sharing. STAFF REPORTS Police Chief Gannaway informed the Council of a benefit for Officer Heroux's family and for HELLP awareness planned for November 15 at O'Gara's in St. Paul. Tickets are $20 and available from Stillwater Police Officers, he invited everyone to attend or contribute. Fire Chief Glaser said the Fire Department has been involved in and watching issues related to H1 N1 planning; he referred to a memo in the agenda packet outlining contingency planning related to immunizations, provision of protective equipment and staffing levels. Councilmember Polehna noted these issues affect all departments such as Public Works in suggesting there should be a city -wide plan. Community Development Director Turnblad told the Council an opening ceremony for the new parking ramp is scheduled for noon Monday, November 23, at the Second Street entrance. Councilmembers Gag and Polehna commended Mr. Turnblad for the good communication efforts that have taken place throughout the project. Public Works Director Sanders said after Councilmember Gag raised an issue with the traffic signal at Osgood and 62 Street, he spoke with the County and the County did recognize there were some problems with that intersection. As a result, the County installed some video detection equipment at the intersection for traffic coming from Osgood in an effort to resolve the problem. Councilmember Gag thanked Mr. Sanders and the County for their efforts. Page 2 of 14 City Council Meeting November 3,-2009 Mr. Sanders said the issue related to making the Municipal Barge property more pedestrian - friendly was discussed at the last Park Board meeting. He said the Park Board did not favor spending $3,200 to put aggregate down but did direct staff to mow a path and trim trees on a more regular basis. Mr. Sanders also noted that the City's winter parking regulations, odd -even parking, go into affect November 1. Finance Director Harrison told the Council that since the City started billing for fire inspection, there is about $8,500 in uncollectible revenues; about a 20% uncollectible rate and that a bit less than half of the uncollectible revenue is from 2008. Because of the inability to assess for the fees, that staff is seeking direction as to how to proceed with the delinquencies. On a question by Mayor Harycki, City Attorney Magnuson said there is statutory authority to collect a reasonable fee for emergency services, but fire inspections are not an emergency service and the Attorney General has called the whole statute into question on the basis that it is unfair to charge someone in an emergency who hasn't requested the services themselves. Councilmember Gag said it would be unfair to those who have paid the fee not'to proceed in some fashion; Mayor Harycki said he had been contacted by several property owners seeking a refund of the fee. Regarding a refund, City Attorney Magnuson suggested that it might be done on the basis of someone making application for a refund, making the obligation the property owners' rather than having staff research the refunds that might be due. Councilmember Gag said if the City has no enforcement ability and is going to forgive 20% of the fees owned, the City needs to make it easy for the other 80% to obtain a refund. Mayor Harycki noted this would create a $50,000 hole in the budget for next year, plus $40,000 - $50,000 in 2009, suggesting that this would require reopening the budget for additional cuts. Ms. Harrison informed the Council that due to staff shortage, year -end process and the audit process, it would take approximately a year to process the refunds. There was discussion as to how other cities charge such a fee; City Attorney Magnuson said the City could enact an ordinance which states a property owner is responsible for the fee enacted by the City under its ordinary municipal authority, but it would not becertifiable for collection, and this leaves the City with the practical issue of collection, pursuing collection in conciliation court. Motion by Councilmember Gag, seconded by Councilmember Roush to direct staff to give the Council options at the next Council meeting for rescinding the 20% of the unpaid fees.and for Page 3 of 14 City Council Meeting November 3, 2009 providing refunds to property owners who have paid the fire inspection fee and to immediately cease billing for such inspections. Councilmembers Cook and Polehna suggested obtaining information from other communities regarding collection of such fees. Councilmember Roush rescinded his second to the motion, with the suggestion that Councilmember Gag amend his motion. Mayor Harycki seconded the original motion. Motion failed 2 -3, with Councilmember Gag and Mayor Harycki voting in the affirmative and Councilmembers Cook, Polehna and Roush voting against. Motion by Councilmember Polehna, seconded by Councilmember Roush to direct staff to find out what other communities are doing and options for collecting the fees. Motion passed 4 -1, with Mayor Harycki voting no. Finance Director Harrison reported there is an outstanding $1,500 balance from Becklin Training Stables associated with parking spots for the horse and carriages rides in downtown; $1,000 from 2008 and $500 from 2007. She said several attempts have been made to try to collect those funds, but to no avail. Motion by Councilmember Roush, seconded by Councilmember Polehna to secure the services of a collection agency. All in favor. Mayor Harycki asked about the status of the suggested purchase of a module to allow for the possibility of e- mailing utility bills. Ms. Harrison said the purchase is in the 2010 budget. Ms. Harrison noted there is the option of going back to the postcard bills, which would save about $1,000 a quarter in postage. Mayor Harycki moved to proceed with the postcard billing. In discussion, Ms. Harrison noted that a lot of folks were unhappy with the postcards, and the Post Office did not like that method of billing; on a question by Councilmember Roush, Ms. Harrison said about 1,000 people called to express their dislike of the postcard billing. Mayor Harycki withdrew his motion. Ms. Harrison said she could pursue the purchase of the module sooner rather than later, noting there has been a lot of requests for electronic billing. City Administrator Hansen provided an update on the Cayuga. He said he had a meeting the day following the Council meeting with an individual who is still interested in taking the craft and noted that individual likely will want to take it fairly quickly. It was agreed to discuss this further at the 7 p.m. meeting. Mr. Hansen stated that he contacted the person regarding the energy audit; and it would be about 4 -6 months before that person is available, but the plan is to look at two buildings, Public Works and the Rec Center. Mayor Harycki asked about the status of the proposal to use paperless agendas for the various advisory commissions and contacting the School Board regarding its interest. City Clerk Ward stated that suggestion is related to having a wireless connection and Page 4 of 14 City Council Meeting November 3, 2009 that she was going to raise the issue of providing PDF packets at an upcoming staff meeting; Ms. Ward said there is an issue with using personal computers. Councilmember Gag stated MIS Director Holman has been in contract with the School District regarding this matter; City Administrator Hansen said he had an upcoming meeting with Ray Queener of the School District to talk about collaborative efforts. There was discussion of the November work plan. Regarding the suggestion to do joint billing with the Water Department, City Administrator Hansen said while the Water Board has indicated it is not interested in having someone attend a Council meeting to discuss the issue, the Board indicated it would provide in writing its reason for not wanting to participate in joint billing. Mayor Harycki asked that the issue relating to the idling of police cars be placed on the work plan for the summer. Mayor Harycki recessed the meeting at 6:00 p.m. REGULAR MEETING Mayor Harycki called the recessed meeting to order at 7:00 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Staff present:City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the October 20, 2009, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Stillwater Hockey Association - Bob Kaufman Bob Kaufman, Stillwater Hockey Association, provided an update on the Association's proposal to construct an outdoor ice sheet in front of the Recreation Center. He said Page 5 of 14 7:00 P.M. City Council Meeting November 3, 2009 surveys have been done and an engineer hired to put together a plan. The plan includes a sheet of ice 230' long by 170' wide, so the area would be usable for soccer and other activities in the summer. He stated the numbers have been refined. The Hockey Association is committed to fund the up -front costs; and stated that the, annual operating costs are estimated at $5,000 - $6,000. He noted that there is a potential for revenue from rentals to reduce the operating costs. He provided a visual presentation of the plans. He noted that existing trees will be removed and replaced on top of the berm that will surround the ice sheet. Final bids have been received for the excavating work, and that Siegfried Construction will be doing the concrete work, and a contractor selected for lighting. On a question by Mayor Harycki regarding the usage of the older lighting being stored at the Public Works garage, Mr. Kaufman said the decision has been made to go with a new lighting system rather than utilize some lights from the original Rec Center construction that were not used due to improved technology and because the system that is proposed will not only be more energy efficient but will address concerns about impact on neighbors as well. Craig Gallup of Musco Sports Lighting reviewed the proposed lighting system, and stated that the lights will concentrate on the light on the rinks and will have virtually no effect on any of the residential areas to the west. There was discussion as to possible reuse of lighting poles. Mr. Kaufman briefly addressed a concern about drainage and stated the Hockey Association will fund whatever is needed to take care of drainage issues. Mayor Harycki asked about sod; Mr. Kaufman said the Association would commit to fund either seed or sod for the area in the spring. Mr. Kaufman said at this point, although the area is big enough for two ice sheets, the plan is not to put up boards but utilize foam pads to section off various areas of the ice. He also said the plans are not to utilize a Zamboni to do the ice at this time. Mr. Kaufman reviewed some of the upfront costs, including excavation of $18,000 after donated work; concrete and retaining wall work at $25,000 after donated work/material; trees, $1,500; border patrols, $7,000; flooring, $2,500; seed or sod, $5,000. It was noted the Hockey Association has the funds in hand and that the Association would be willing to set up an escrow account and have the City pay the bills or pay the bills directly. Mr. Kaufman stated the Association does have official blessing from the National Guard to utilize the property; City Attorney Magnuson stated the Guard will do one of two things depending on what the City wishes — either reconvey the property to the City or license the use to the City and keep the property in the Minnesota Armory Trust. On a question regarding scheduling, Mr. Kaufman stated Rec Center Manager Doug Brady would be in charge of scheduling, noting the proposal is to give the Hockey Association exclusive use of one portion of the ice, with the City to have the use of the second portion of the ice for free skating or the City could charge for such use. Councilmember Polehna questioned whether this might reduce rentals of indoor ice; Mr. Kaufman responded it would likely mean that the Association wouldn't have to rent ice Page 6 of 14 City Council Meeting November 3, 2009 from other communities such as Somerset or Woodbury, and that could be made part of the agreement if necessary. Councilmember Cook expressed a concern about making a commitment to future potential costs. Councilmember Roush said such concerns could be addressed in the agreement with the Hockey Association; and that he liked the multi -use of the facility. Councilmember Gag asked about other uses of the land in question should the City wish to sell the property to a private entity; City Attorney Magnuson said if there is a recreational use tied to the property, it would require certain actions according to the City Charter, but the sale might be possible if those steps are followed. Councilmember Gag asked about the designation of the use according to the new Comprehensive Plan; Community Development Director Turnblad responded recreation /open use, but he didn't think the property is zoned for that use. Councilmember Gag said he thought the property is very valuable to the City and asked if approving this use would be limiting the City's future use of the property. Mr. Magnuson suggested that would depend on the length of any agreement; Mr. Kaufman said he is proposing about a seven -year term to the agreement. Mr. Magnuson spoke to the fact that because the Recreation Center was financed through tax - exempt bonds, the agreement may have to be on a one -year basis. Councilmember Gag said he was in favor of the concept but would like to see an agreement before giving final approval. City Administrator Hansen said he would attempt to get the agreement to Councilmembers before the next Council meeting so members can convey any concerns to him or Mr. Magnuson prior to the meeting. Councilmember Cook asked whether this would be a self - supporting facility like the Rec Center. City Administrator Hansen said the Association has been upfront about the potential $5,000 maintenance costs, but noted that Rec Center Manager Brady believes most costs can be absorbed by his annual budget and there is potential revenue from ice rental. Councilmember Polehna said his only concern is that neighbors be informed about the proposal; he said he would be willing to co -host an information meeting for the neighbors. Councilmember Roush suggested holding a special meeting due to the time /weather constraints the Hockey Association is facing. Motion by Councilmember Roush, seconded by Mayor Harycki to adopt Resolution 2009 -185, authorizing a special meeting for 4:30 p.m. Tuesday, November 10, to discuss the outdoor ice rink and to hold a neighborhood meeting regarding the proposal. Ayes: Councilmembers Gag, Cook, Roush, Polehna and Mayor Harycki Nays: None Page 7 of 14 City Council Meeting November 3, 2009 During discussion it was thought to hold the meeting at the Recreation Center if possible; it was suggested that 7 p.m. may be a better time for residents who work. It was noted the vote was taken on a 4:30 p.m. special meeting. Motion by Councilmember Roush, seconded by Mayor Harycki to rescind the 4:30 motion and moved to hold a special meeting at 7 p.m. November 10 for the previously stated purpose. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None OPEN FORUM No comments were received. CONSENT AGENDA *(Roll -Call) 1. Resolution 2009 -183, directing payment of bills 2. Possible approval of temporary liquor license — Valley Chamber Chorale — Historic Courthouse — December 11,12 & 13 2009 3. Possible approval of temporary liquor license — Valley Chamber Chorale — Historic Courthouse — April 30, May 1 & 2, 2010 4. Resolution 2009 -184, approval of Minnesota Department of Transportation Agreement 95465 for federal participation in construction 5. Possible approval of 2010 Cable Communications Budget Councilmember Cook asked that Item 5 be pulled. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the Consent Agenda without Item 5 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Regarding Item No. 5, Councilmember Cook asked whether this was just a formality as a member community; the response was in the affirmative. Motion by Councilmember Cook, seconded by Councilmember Roush to approve Item No. 5. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS No public hearings. Page 8 of 14 City Council Meeting November 3, 2009 UNFINISHED BUSINESS Heritage Preservation Commission Request (tabled from 10/20/09 meeting) Community Development Director Turnblad explained that the Heritage Preservation Commission has requested that the Council consider changing the policy the City currently has for enforcing land use ordinances in the downtown area. He stated that specifically the City has enforced ordinances by complaint only. The HPC is asking that the Council change that policy to a proactive enforcement — check all properties in an orderly manner for non - compliance with code. He said such a change requires additional personnel and a lot of community support. Mayor Harycki asked Police Chief Gannaway for his response to the request. Chief Gannaway said it depends on what code or ordinance violations his department is being asked to enforce, noting that his department's code book is rather lengthy; his department enforces code with public safety in mind. It was noted that the code enforcement officer has between 12 and 20 hours a week for the entire City. He said the code enforcement officer responds to complaints and if a violation is noticed while he is on patrol, a warning letter is issued. He said the HPC's proposal could easily involve another full -time staff member. Councilmember Cook noted the HPC's request was focusing on the condition of downtown and in keeping with the efforts at cleaning up the downtown's image -- trash enclosures and signs that aren't in compliance; and that she thought Mr. Pogge was responsible for contacting people regarding sandwich boards and such issues. Mr. Turnblad said Planning approaches land use enforcement by issuing several notices and giving people a number of chances to get into compliance; if there isn't voluntary compliance, then the violation is passed off to the Police Department. Chief Gannaway noted the process can be very time - consuming. Councilmember Cook suggested that livability issues are the issues that are important to the people of Stillwater. Councilmember Gag agreed quality of life issues are very important but said the Council needs to set that as a priority. Councilmember Polehna said he, too, receives many calls related to quality of life issues. Mayor Harycki suggested this might be a good issue for discussion at a Council retreat, noting there are budget constraints involved. Councilmember Polehna said he would like to know how Minneapolis funds its enforcement efforts. Mayor Harycki responded through high taxes and high fees. Councilmember Roush asked whether one full -time code enforcement officer would be sufficient and the possible cost. Councilmember Cook suggested using a seasonal position as a start or contracting with Washington County or another community. Councilmember Gag suggested having staff come up with the cost involved. It was consensus to have staff come back with some suggestions /information. Page 9 of 14 City Council Meeting November 3, 2009 NEW BUSINESS Orwin Carter request for extension Public Works Director Sanders explained the request from Orwin Carter, 1029 Third Ave. S., to delay connection to sanitary sewer until the time of the sale of his home. According to ordinance, properties in the South Hill sanitary sewer project area have until January 1, 2010, to connect to City sewer. He noted according to the ordinance, the Council can issue an order requiring the hookup or can suspend the requirement. It Mr. Carter said at the time of the project, they were told they would have to hookup to the sewer service when they sold their home, and that is what he is requesting. Mr. Carter stated there is no problem with his septic system. There was discussion about the location of the Carters' sewer service which makes connection very costly. City Attorney Magnuson said at the time of the project, there were a number of people, as many as 100, who did not have to hook up to the service because of the expense involved; he reviewed the ordinance which states that within 30 days of receipt of the notice requiring hookup, a property owner may request a variance from the requirement from the City Council. Mr. Magnuson said it is a relatively straightforward discretion that the Council is given in these matters. Mayor Harycki pointed out the Council will be facing similar situations with the North Hill project area. Motion by Councilmember Gag, seconded by Councilmember Polehna, moved to approve the variance request. City Administrator Hansen asked whether the motion included an action regarding the surcharge of $39 a year. Mr. Magnuson said the ordinance states a surcharge shall be imposed if a variance is granted. Mr. Magnuson explained a previous agreement regarding the assessment for this property due to the extraordinary cost involved in hookup. Mayor Harycki noted folks in the North Hill project area are facing similar costs. Councilmember Roush said he was not in favor due to the possible setting of a precedent. Mayor Harycki noted that should the Carters' septic system fail, they will have to hookup at that time. Vote was taken on the motion to grant the variance until the time of the sale of the home. Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki Nays: Councilmember Roush Page 10 of 14 City Council Meeting November 3, 2009 Bids for Trash Enclosure Public Works Director Sanders reviewed three quotes for construction of a dumpster, which would be located on Water Street. The low bid of $14,000, from Bailey Construction, includes just the walls of the enclosure and that another bid would be solicited for the doors, with an estimated cost of about $6,000. On a question by Mayor Harycki, Mr. Sanders said funding would come from revenues from the leasing of the Barge property, as directed previously by Council. There was discussion as to how to ensure that businesses utilize the dumpster(s). City Attorney Magnuson pointed out that there is a public health component which would allow the Council to pass an ordinance, if so desired, requiring businesses to place their garbage inside of the receptacle. It was noted there will have to be an agreement to distribute the dumpster fees. Mr. Magnuson said he would work with Mr. Turnblad and the businesses in drafting an agreement. Motion by Councilmember Roush, seconded by Mayor Harycki to adopt Resolution 2009 -186, accepting quotes and awarding contract for dumpster enclosure. Councilmember Cook asked about funding, since the rental revenue isn't sufficient to cover the cost at this time. Mayor Harycki suggested the money could be advanced from the rental fund. Councilmember Roush amended his motion to include authorizing the advancing of funds; Mayor Harycki agreed to amend the second. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Snow Plowing contract for the Recreation Center and trail along County Road 5 Public Works Director Sanders reviewed quotes for snowplowing at the Rec Center and the County Road 5 trail. He stated that three quotes were received with the low quote received from Lehmicke Construction. Mr. Sanders noted that Lehmicke has been plowing at the Rec Center since 1998 and the price has not increased since 2005. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -187, approve agreement for snow removal services 2009 -2010 Councilmember Cook referred to a difference in the quotes and asked if all bidders were provided the same form; Mr. Sanders responded in the affirmative. Councilmember Polehna suggested that, in future, local contractors be contacted for bids. Page 11 of 14 City Council Meeting November 3, 2009 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of RFP for concession stand at St. Croix Recreation Center City Administrator Hansen said subsequent to a proposal from Dairy Queen to operate the concessions at the Recreation Center, at Council's direction an RFP has been developed to solicit responses from other entities that may be interested in the concessions operation. He said the RFP was developed by City Attorney Magnuson using samples from other cities. He noted the RFP may eliminate some people because of some provisions such as a yearly- contract (due to the tax -free bonding of the Recreation Center), but that he was prepared to recommend publishing the RFP. It was consensus to give a three -week response time. On a question by Councilmember Roush it was noted the RFP includes a provision for a cost -of- living or similar increase in the payment to the City. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the RFP as presented and instruct Mr. Hansen to solicit competitive bids for a period of three weeks and bring results back at the first Council meeting in December. All in favor. There was discussion as to where to publish the RFP; it was consensus to publish in the Stillwater Gazette (the City's legal publication) and the Pioneer Press. Proposed sale of the Cayuga Councilmember Cook asked if the sale is contingent on an examination of the condition of the craft. City Attorney Magnuson said the agreement stipulates the buyer would have the opportunity to investigate and bring outside experts to the site to investigate if the buyer so chooses. He said the intent is to have the potential buyer agree that the City has provided unlimited access so they buyer can make their own decision about risk. Councilmember Cook pointed out that back in July 1998 the value of the craft was placed at $10,000- $15,000, even with a hole in the sump pump; she wondered if the condition has deteriorated so much that it is no longer worth anything. Mayor Harycki noted the City took the boat in order to have early transfer of the land, and suggested that, in his opinion, the boat is a liability waiting to happen. City Administrator Hansen agreed with the Mayor saying he viewed the boat not as an asset but as a liability. Motion by Councilmember Roush, seconded by Mayor Harycki to adopt Resolution 2009 -188, approving the sale of the Cayuga and the hold harmless agreement. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Page 12 of 14 City Council Meeting November 3, 2009 COUNCIL REQUEST ITEMS Councilmember Cook said she has had several calls regarding the Veterans Memorial, specifically maintenance of the property and moving the farmers' market. City Administrator Hansen said he believes the issue with the farmers' market location has been resolved, with an agreement reached. Regarding the maintenance, Mr. I- tansen said staff contacted the veterans' group to determine if the group had a contract for winter maintenance and the contact person said they do have a contract in place. Councilmember Cook stated the Council voted on the budget based on available information and that she wanted to make sure things haven't changed since that time that would require the Council to reconsider the budget. City Administrator Hansen said he has Finance Director Harrison checking with the County on a daily basis; and that so far, numbers have only changed in a positive direction on the values. He stated that the City is still working on estimates at this time. Councilmember Cook said she was under the impression that the Council was going to look at various contracts before a final decision was made on the budget. Councilmember Gag said it was the Council's wish to look at contracts and a bidding policy, but that he didn't think that was necessarily tied to the budget. City Administrator Hansen stated that he and Clerk Ward were working on listing the various contracts with recommendations as to bid /no -bid and costs; Clerk Ward said that is on the Council's work plan for the first meeting in December. Ms. Ward asked if Council wanted to be provided with the cost for all contracts; Councilmember Cook suggested that just those involving larger commitments would be sufficient. Councilmember Gag suggested providing sample bidding policies from other cities to look at; it was noted the City follows state statute for all bidding matters. Councilmember Cook referred to an article regarding the Zephyr tracks /trail and wondered if there is anything the City should do to support the proposal. City Administrator Hansen said there is still interest among the parks and trails people and the DNR but he didn't think this was a high priority at the legislature at this time due to the budget problems. Mayor Harycki noted that a number of years ago, there was a study of police calls which indicated the vast majority of calls were generated by the downtown entertainment district. He asked City Attorney Magnuson if there is any statutory authority to assess municipal fines against combatants in fights in drinking establishments to help offset some of the costs in taking such matters to court. City Attorney Magnuson said he would research that issue and provide a report. Councilmember Polehna reminded the Council and audience that there would be a live broadcast with troops in Iraq on Sunday, November 8, at Trinity Lutheran Church and that the information would be posted on the County web site. Page 13 of 14 City Council Meeting ADJOURNMENT ATTEST: Diane F. Ward, City Clerk Resolution Resolution 95465 Resolution 10, 2009 Resolution Resolution Resolution agreement 2009 -183, 2009 -184, 2009 -185, 2009 -186, 2009 -187, 2009 -188, November 3, 2009 journ at 9:00 Motion by Councilmember Polehna, seconded by Councilmember Roush to p.m. All in favor. ►' // f '` �r ycki, Mayor directing payment of bills approval of Minnesota Department of Transportation Adreement authorizing a special meeting for 4:30 p.m. Tuesday, November accepting quotes and awarding contract for dumpster enclosure. approve agreement for snow removal services 2009 -2010 approving the sale of the Cayuga and the hold harmless Page 14 of 14