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HomeMy WebLinkAbout2009-11-17 CC MININIvater. THE IIRTNOLACE OF MINNESOTA CITY COUNCIL MEETING November 17, 2009 REGULAR MEETING Mayor Harycki called the meeting to order at 7 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 Fire Chief Glaser 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 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 7:00 P.M. Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the November 3, 2009, recessed and regular meeting minutes and November 10, 2009, special meeting minutes. All in favor. Jim Miller & Rachel Walker — League of Minnesota Cities Jim Miller and Rachel Walker of the League of Minnesota Cities were present. Mr. Miller spoke of the upcoming 2010 Legislative session and some of the activities that have been occurring prior to the start of the session. He stated a jobs task force has been meeting to discuss strategies the state might be able to employ to promote the creation of jobs in the state, and thought this issue would be central to the 2010 session. Mr. Miller spoke of the loss of Local Government Aid (LGA) and noted that an LGA working group was formed by in the 2009 legislative session; that group is beginning to review what kind of changes might be recommended to make the LGA formula more viable under the current economic conditions. The LGA working group is charged with reporting to the Legislature by December 2010. He noted that on December 2,2009, the forecast for the State of Minnesota will be released and that the predictions are that the forecast will be down from the previous forecast. Mr. Miller noted that there are two lawsuits challenging the Governor's unallotment, which are potentially significant for all cities in Minnesota; should the courts rule against the legality of the Governor's City Council Meeting November 17, 2009 unallotment that could impact all cities. He said the League will be revisiting the issue of whether to join the legal challenges to the unallotment. Mr. Miller reviewed the state budget, noting the state ended the 2008 -09 biennium with $142 million less in revenues compared to the projected ending. He stated that in the first four months of the`current biennium revenues are down another $81 million and the State has also delayed about $144 million in corporate tax refunds, which means the State is already $360 million "to the bad." He said that means there is a small chance the Governor could unallot LGA payments and market value homestead credit in December 2009; but he thought that action is unlikely, and if any action is required, the Governor will probably wait until the Legislature convenes in February. He said for cities that receive LGA, what the 2010 Legislature does with the LGA formula for 2011 will be very important. He explained that if the Legislature waits until the 2011 session to balance the budget that will be in the cities' 2011 fiscal year, so cities will already have budgeted for the year based on anticipated LGA funds, creating a situation very similar to what happened last year. Mr. Miller reviewed some of the issues for the upcoming Legislative session. Some issues, he outlined included: a major bonding bill; revisiting the Governor's unallotment authority; discussion of mandate relief; discussion of repeal of the levy limit; discussion of ways to give cities more flexibility in raising new revenues, such as allowing cities to redirect surplus Tax Increment Financing (TIF) revenue back to the general fund, authorizing the formation of street improvement districts, expanding the use of the lodging tax revenue, and possibly expanding local sales tax authority; looking at ways to shore up the state budget, such as taxing municipal bonds, and expanding the sales tax to certain professional services, such as legal and accounting services, as well as a general expansion to the sales tax to include clothing. Mr. Miller noted that 2010 is an election year, with the Governor and all 210 legislators up for re- election. Rachel Walker reviewed what other cities are trying to do to meet the current budget situation. She provided a handout for Councilmembers to review. She said the League of Minnesota Cities began tracking city budget actions in December 2008, when the Governor first did unallotments. She said the range of things that cities are doing is much broader than in 2003 -04, the last major state budget crisis. She noted the summary in the handout provides a sense of the things that cities are doing including service cuts; human resource actions; fiscal management tools, such as fund transfers and drawing down reserves; service changes, such as contracting out for services, cooperative efforts including sharing equipment with other cities; and revenue increases. Mayor Harycki asked about the League's lobbying efforts, whether the League lobbied for fees or LGA. Mr. Miller said the League does not lobby for fees, rather has consistently and strongly advocated for Local Government Aid and that with the state's budget situation, the reality is that now and for the immediate future, the likelihood of there being money to restore LGA is not realistic. Mr. Miller said the League continues to advocate for retaining or restoring LGA funding to the level of the pre- 2008 -09 cut level, but that is a daunting task. Mayor Harycki spoke to the inconsistencies and inequity in the LGA formulas; Mr. Miller agreed that is an issue, one that will be looked at by the LGA task force. In response to a question by Councilmember Cook, Mr. Miller suggested that the City of St. Cloud might be a resource to look at as utilizing innovative approaches to the budget crisis. Councilmember Polehna asked if the League could provide information on a performance measurement program /project that could be City Council Meeting November 17, 2009 shared with City Administrator Hansen; Mr. Miller responded in the affirmative. Mayor Harycki pointed out the City is already undertaking a similar effort in establishing benchmarks. OPEN FORUM There were no public comments Mayor Harycki acknowledged the attendance of several Stillwater Area High School students. STAFF REPORTS Police Chief Gannaway reported that the recent benefit for the family of Officer Heroux was very successful and thanked everyone for their support. The chief provided a report, as requested, on the Code Enforcement Officer's activities, noting that the officer operates under three City ordinances. The officer works 18 hours a week. Year -to -date, the officer has received 70 reportable cases, about 100 in all. He said the officer's highest priority cases are those that present a safety danger to the public -- dead or dying trees, blind corners, and any other hazard that threatens people or property. He said the most common complaints received or observed include messy yards, abandoned motor vehicles, and other such complaints. The officer also handles downtown nuisance complaints and periodically assists the Planning Department in that area; he also assists with parking enforcement, sidewalk enforcement (by citizen complaint only), and garbage container ordinance (by citizen complaint only). He stated that each violation requires a courtesy letter and 10 days are given to correct a violation, followed by a five -day warning letter, and citation if the violation has not been corrected after this time. He said only two citations have been issued to date. The officer spends about 40% of his time on nuisance complaints received by phone or in person, 20% of his time in communication with the property owner in question, and 20% on violations observed by officers. Fire Chief Glaser reported that the City was not successful in its application fora DEED grant for brown field cleanup of the City dump site, potential new fire station site. He said the City has not heard anything regarding the stimulus funding grant application. Community Development Director Turnblad reported that the parking ramp is nearly completed, with the opening ceremony scheduled for Nov. 23 and free parking offered during the week. Mr. Turnblad said the City Planner is completing a survey he did of rental and housing maintenance programs in the state, and that report will be presented to the Council next month. Mayor Harycki asked if security cameras would be installed in the park area behind the ramp; Mr. Turnblad said there will be a security system. City Attorney Magnuson referred to his memorandum regarding e- discovery which could require that any personal computer used for public business be available to be searched and scrutinized in litigations. He noted that the League's risk manager suggests that cities establish a litigation response team to develop an e-data policy and that MIS Director Holman has requested sample policies from the League. Mayor Harycki asked about the issue of the City's ability to issue municipal tickets /fines for response to bar fights and other such calls. City Council Meeting November 17, 2009 Finance Director Harrison announced that the City will hold its Truth in Taxation hearing on Tuesday, December 1; all residents are invited to attend the public hearing to express views on the levy and budget before final adoption on December 15, 2009. City Administrator Hansen announced the pending retirement of two secretaries (Kathy Rogness & Susan Moore) in the Administration Department. He said he cannot get by without those two people and has met with department heads to discuss where duties might be reassigned. He stated he definitely needs to move forward with the hiring of one person and truly believes he needs at least 1.5 full -time equivalent positions. Motion by Mayor Harycki; seconded by Councilmember Polehna to hire one person in Administration. Mr. Hansen stated he needs at least 1.5 positions. Mayor Harycki amended his motion to authorize the hiring of 1.5 positions; Councilmember Polehna agreed to second the amended motion. All in favor. CONSENT AGENDA 1. Resolution 2009 -190, directing payment of bills • 2. Resolution 2009 -191, approving renewals of On -Sale, Off -Sale, Club, Wine, Sunday On -sale, On -Sale 3.2 %, Off -Sale 3.2 %, liquor licenses and tobacco licenses for 2010 3. Resolution 2009 -192, accepting work and ordering final payment for 2008 Sidewalk Rehabilitation Project (Project 2008 -05) 4. Resolution 2009 -193, accepting work and ordering final payment for 2009 Sidewalk Rehabilitation Project (Project 2009 -05) Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS_ There were no public hearings. UNFINISHED BUSINESS Discussion on Fire Inspection Fees City Attorney Magnuson referred to his memo regarding collection of the delinquent fire inspection fees. He said the issue is not unique to Stillwater, and other cities have come to the conclusion that under current state law, a city cannot collect those charges with the real estate taxes. He said the City of Woodbury hired a collection agency to deal with the delinquencies, with the instruction that the City did not want to proceed in conciliation court; as a result that the City of Woodbury has had very little success in collecting any delinquencies. Mr. Magnuson said the one city he found that has been City Council Meeting November 17, 2009 successful in collecting such fees is the City of Minnetonka that has a city charter provision that was enacted specifically to allow for the collection of miscellaneous fines and penalties. There was discussion about sending this issue to the Charter Commission; Councilmember Polehna raised the possibility of the matter having to go to referendum if the Council does not adopt the Charter Commission's recommendation by a 5 -0 vote. Councilmember Cook pointed out that a charter provision, such as Minnetonka's, would enable the City to enact and collect various other fees and penalties and isn't limited to the fire inspection fees. Motion by Mayor Harycki, seconded by Councilmember Polehna to revoke the fire inspection fees. Mayor Harycki noted this decision would result in an impact to the budget of about $100,000 and suggested that at the next Council meeting, the budget will have to be re- evaluated. City Administrator Hansen said he could bring recommendations regarding the 2010 budget. Regarding refunds of the fees paid, Finance Director Harrison said she has the names of all those who have paid the fee, but stated it will take some time to process those refunds due to year -end business and the fact her department is one person short. Councilmember Cook spoke in favor of separating the two issues, the fire inspection fee and the ability to impose and collect other municipal fees /fines; she suggested.referring the issue, minus the fire inspection fee, to the Charter Commission. On a question by Councilmember Gag, Mayor Harycki clarified that his motion included the refund of all fire inspection fees paid. All in favor. Motion by Councilmember Cook, seconded by Councilmember Polehna, to ask the Charter Commission to consider a provision similar to the City of Minnetonka's to provide a mechanism for the City to collect certain fines /penalties as an enforcement mechanism. All in favor. Councilmember Roush asked if such a provision would be in conflict with levy limits; City Attorney Magnuson said that should not be an issue, but that the issue is providing due process in the provision. NEW BUSINESS East Metro Regional Firefighter Training Facility Fire Chief Glaser told the Council efforts are under way to build an East Metro public safety training facility. He said land has been retained by the City of Maplewood as a potential site for the facility. He said the proposal is for a collaborative effort involving multiple agencies, multiple counties and the State of Minnesota. He noted that currently all of the training facilities are on the west side of the metro area. He said the bonding committees of both the Minnesota House and Senate have visited the site. He said funding is being sought from the state; potential users of the facility are being asked to pass a resolution of support of the concept. Chief Glaser spoke of the need for the City Council Meeting November 17, 2009 facility. Mayor Harycki asked how much the City currently is paying for the use of other training facilities and the potential cost to participating cities. Chief Glaser said the potential for funding will be addressed in a joint powers agreement and it is very difficult to get the necessary training locally and meet compliance. Chief Glaser noted that a city would not have to participate in the joint powers agreement and could pay for the use of the facility as an option. Motion by Mayor Harycki, seconded by Councilmember Roush to adopt Resolution 2009 -194, authorizing support for State Bonding Funds for the design and construction of an East Metro Regional Firefighter Training Facility. Ayes: Councilmember Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible authorization to apply for grant for Shoddy Mill Community Director Turnblad reviewed the request to make application for a Minnesota Cultural Heritage Grant to be used to develop a plan for rehabilitation and reuse of the Bergstein /Shoddy Mill buildings. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009 -195, authorizing the Minnesota Cultural Heritage Grant for Bergstein Rehabilitation and Reuse Plan through the Minnesota Historical Society. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval for retrofitting Police Department interview room Police Chief Gannaway presented a request to use forfeiture funds to retrofit the police interview room. He noted there is an $88,000 balance in the forfeiture fund, and the request to retrofit the interview room amounts to $8,584. He noted the current interview room in not used as there is no equipment in the room; currently, interviews are conducted in the individual investigators' offices, which is not an advisable method. Interviews are required to be recorded, he noted. Motion by Mayor Harycki, seconded by Councilmember Cook to approve the expenditure of forfeiture funds in the amount of $8,584 for the retrofitting of the police department interview room. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna reported on the activities of the Yellow Ribbon Committee. He said the live broadcast with troops from Iraq was a wonderful event. He said the official announcement that Washington County will be recognized as the first Yellow Ribbon County in the State of Minnesota and the City of Stillwater recognized as a Yellow Ribbon City is tentatively scheduled for January 5. Councilmember Polehna said it would be good if all Councilmembers could attend. It was noted that would require legal notice of the meeting. Councilmember Polehna said he would inform City Clerk Ward when the meeting date is firmed up for publication of the official meeting notice. City Council Meeting November 17, 2009 Councilmember Polehna stated the Committee is working on having a presentation by Peter Orpet on legal issues involving returning veterans. STAFF REPORTS (continued) Community Development Director Turnblad noted that the opening ceremony for the parking ramp will be at noon Monday, November 23. He stated that due to the potential for more than a quorum of Councilmembers being in attendance, the event was published as a legal notice. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Gag to adjourn at 8:25 p.m. All in favor. ATTEST: Diane F. Ward, City Clerk Ken cki, Mayor Resolution 2009 -190, directing payment of bills Resolution 2009 -191, approving renewals of On -Sale, Off -Sale, Club, Wine, Sunday On -sale, On -Sale 3.2 %, Off -Sale 3.2 %, liquor licenses and tobacco licenses for 2010 Resolution 2009 -192, accepting work and ordering final payment for 2008 Sidewalk Rehabilitation Project (Project 2008 -05) Resolution 2009 -193, accepting work and ordering final payment for 2009 Sidewalk Rehabilitation Project (Project 2009 -05) Resolution 2009 -194, authorizing support for State Bonding Funds for the design and construction of an East Metro Regional Firefighter Training Facility Resolution 2009 -195, authorizing the Minnesota Cultural Heritage Grant for Bergstein Rehabilitation and Reuse Plan through the Minnesota Historical Society