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HomeMy WebLinkAboutCCAgen_09Jan14CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA January 14, 2009 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____ KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: December 10, 2008 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 1/8/09: $273,530.31 TAB 2 Payroll through 12/30/08: $31,764.36 2. Designation of official newspaper for 2009 TAB 3 3. City License Renewals TAB 4 4. Resolution designating official depositories for 2009 TAB 5 5. Council liaison assignments TAB 6 6. Review of Elected Official Out-of-State Travel Policy TAB 7 7. Appointment of City Engineer TAB 8 8. Appointment of Prosecuting Attorney TAB 9 9. Appointment of City Auditor TAB 10 10. Accept Resignation of Deputy Clerk/Asst City Administrator TAB 11 Stacey Kreuser 11. Review and adopt Council standing rules TAB 12 12. Designation of 2009 Acting Mayor TAB 13 13. City Administrator Performanc?e Review TAB 14 14. Appointment of new firefighter, Rich Hinrichs TAB 15 15. Approval of DNR Urban Forest Grant TAB 16 16. Commission Appointments TAB 17 G. POLICY AGENDA: 1. Recreation Program Refund Policy TAB 18 2. Agreement between the City of Falcon Heights and the City of Lauderdale TAB 19 Regarding program fee charges 3. Salary Adjustment/Recognition of Additional Duties for Lisa Abernathy TAB 20 4. Joint Powers Agreement with the City of Little Canada for the Purchase TAB 21 of a Streetsweeper 5. Delay of 2009 Cost of Living Adjustments for City Employees TAB 22 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. Falcon Heights City Council Minutes December 10, 2008 Members present: Mayor Lindstrom, Council members Harris, Kuettel, Long and Mercer-Taylor, Administrator Miller, Assistant City Administrator/Deputy Clerk Kreuser. Mayor Lindstrom called the meeting to order at 7:00 p.m. The minutes of the November 12 and December 1 council minutes were approved as submitted. Consent Agenda: The following six items were moved for approval by Council member Kuettel. The motion passed unanimously. 1. General disbursements through 11/22/08: $35,076.62 and 12/4/08: $74,830.60 Payroll through 11/15/08: $16,848.19 and 11/30/08: $14,988.12 2. City License Renewals -2009 3. Revised 2007 Pay Equity Report 4. Change of funding source for the 2008 General Fund transfer 5. New Mileage Reimbursement rate for 2009 6. Petition for vacation of Walk 4 to 1742 Tatum Street Policy Agenda: 1. Adoption of 2009 Tax Levy and Budget Administrator Miller summarized the actions of the council to date. He said there is a special levy included for 2009 to pay for debt, and said the city is worried about the status of its LGA for 2009 due to the economy. The council looked at some expenditure cuts and new revenue sources for the 2009 budget, and Miller said that the enterprise and special revenue funds are increasing in 2009. Both the water and sewer charges are increasing slightly as well. Finally, he stated the budget this year would include a management letter, a change from 2008’s budget that explains the situation and rationale for budget items in 2009. He asked the council to adopt the resolution of the tax levy, followed by the resolution adopting the budget. Council member Kuettel said the council has been working on the budget for 2009 for about six months and applauded the staff for really being conservative with the budget. Mayor Lindstrom said he was approached by a neighboring city and was proud to say the levy was reasonable and the city is heading the right direction. Council member Harris asked about the unallotment of LGA. Miller replied the city gets two payments from the state, with the second payment coming after Christmas. The amount would be $155,000 for Falcon Heights but with the state’s deficit, there is talk that LGA and MVHC would be cut or eliminated. Currently there is 20% of the city’s revenue due to LGA, so about 10% of the City of Falcon Heights’ revenue for the year with two weeks left to spare in the year could be lost. The city would likely have to dip into reserves to cover it. In 2009, the city is slated to get $475,000 in LGA. If it is cut, the council will have to look at the budget for next year with a hard eye to make up the shortfall. Council member Mercer-Taylor said there are no service cuts that would affect the residents, but do affect the staff. In the future, it would affect the core services for residents. Kuettel added that the city and councilors are in contact with the legislature and they are aware of the city’s situation with limited tax base. Miller added the legislature made it doubly hard since there were levy limits placed on cities for 2009, so the lost LGA revenue cannot be made up for by taxes. Council member Harris moved to adopt resolution 08-14. The motion passed unanimously. Council member Harris moved to adopt 08-15. The motion passed unanimously. 2. Resolution 08-17 to Eliminate a Portion of 2009 debt levy on General Obligation Debt Administrator Miller stated the city could choose to use reserves or special levy for debt. $28,000 is left to pay out of reserves, and the remainder of $96,000 would be levied. The debt was incurred for the ’99 street bonds. Council member Kuettel moved to adopt 08-17. The motion passed unanimously. 3. Increase in Uniform Parking Fee Administrator Miller summarized that with the new budget, the city is looking for additional revenue sources. The current parking fee has not been raised since at least 1993. Police Chief Ohl said the force issues about 500 tickets per year, many during the State Fair from out-of-town guests. This would apply to any parking – snow emergency, illegally parked, any routine violations. Mayor Lindstrom stated that he has seen cars towed during the Fair as well. Council member Mercer-Taylor noted this is keeping up with other cities. Council member Mercer-Taylor moved to adopt ordinance 08-05. The motion passed unanimously. 4. Ordinance Authorizing Charges for Fire Department Response to Vehicle Accidents Administrator Miller said the fire department responds to about two vehicle accidents per month, and the city does incur costs for responding to these. State law does allow cities to collect the costs for these types of events. The fee is billed to the driver’s insurance company. If it is not paid, it allows the city to assess against property taxes for those who live in Falcon Heights, and send to collections those who do not live in the city. The city responds to about 24 accidents a year and it would bring in about $8400 per year. Mayor Lindstrom stated the charge is very close to what it actually costs the city to respond through wages, trucks, and materials. Mercer-Taylor asked if the fee is levied per vehicle. Miller replied it was. Long added other cities are doing this, and it allows Falcon Heights to keep up with other cities. He moved to adopt 08-06. The motion passed unanimously. 5. Resolution 08-18 Ordering the Feasibility Report for the 2009 Pavement Management Program Administrator Miller said that each year the city engineer performs a function that rates the city’s streets. Routine maintenance is important to avoid big repairs in the future. Prior Ave, Maple Knoll Drive, Garden, and Fry were identified as needing repair. Staff thought initially the repairs could be put off for a year; however, the water utility needs to get in and fix the water mains. The city would like work on the street once. In addition, the bidding environment for next year will benefit the city due to the current economic times. The engineer’s estimate is $245,000 for the project and about 40% is assessable to property owners. The rest, the city could use state MSA funds for. The plan approval would allow for estimates, engineering, and more research on the project. After it comes back, that is when the plan would go to council to send to bid. Mercer-Taylor asked about the assessment per home. Miller said there is no information on that yet. There have been calls about the water mains, the condition of the street is not good in that neighborhood, and there have been calls about that as well. Long asked about the state aid for the project. Since it comes through the gas tax, he asked if it could not be approved for the project. Miller said the money is approved statutorily, and we have money in that account. Council member Kuettel moved to approve 08-18. The motion passed unanimously. 6. Resolution 08-19 to adopt 2009 Fee Schedule Administrator Miller said the highlights are included in the 2009 fee schedule, and the city looks at it every year in order to avoid big increases every few years, and in order to stay competitive with other cities. He said there are some increases for permit fees, room rental fees, false alarm fees for police calls, enterprise and special revenue fees are also included. Some new fees include the vehicle accident fees, rental licensing, and room fees for hobby groups that the city houses for meetings. There is an appeal process for addressing the city council to request free use. Mercer-Taylor asked about the fees for the parks. Miller replied those are comparable to other cities. Long moved to adopt 08-19. The motion passed unanimously. Information/Announcements: Mercer-Taylor said she would attend the sustainability meeting tomorrow night of students at the U. She would keep an eye out for any good ideas to bring back to city hall. Harris wished everyone happy holidays at the last meeting of the year. Kuettel echoed. Long announced Friday Dec 19 is the craft class at city hall with a holiday theme. The schedule for 2009 is online. There are lots of holiday recreation classes scheduled for this month, so check out the website. Rinks will open on Dec 22. Warming house at Community Park, FHE, Curtiss Field and a rink at Grove Park – check online for times and dates. Thanks to PW for the flooding. Winterfest is Jan. 25 from 1-4 at Community Park with horse rides, bonfire, and games. In 2009 the parks commission has two openings, and the applications are available online. Mayor Lindstrom congratulated The Source for being named the best game store by City Pages. In ’02, they were named the best game store in the nation. He said that more and more he is hearing that Falcon Heights is being recognized due to that store. Mayor Lindstrom adjourned the meeting at 7:47 p.m. Respectfully submitted, Stacey Kreuser Assistant City Administrator/Deputy Clerk CONSENT F1 1/14/09 ITEM: General Disbursements and Payroll SUBMITTED BY: Roland Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements through 1/8/09: $273,530.31 Payroll through 12/30/08: $31,764.36 ATTACHMENTS: General disbursements and payroll ACTION REQUESTED: Approval CONSENT F2 1/14/09 ITEM: Designation of official newspaper for 2009 SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: State statute requires that a city designate a legal newspaper of general circulation in the city. This newspaper is used when the city is required to publish legal notification regarding public hearings, elections and city financial matters. There are three local papers that service Falcon Heights: Focus News, Park Bugle and the Roseville Review. Staff recommends that the City designate the Roseville Review as its legal newspaper in 2009 for the following reasons. • The Roseville Review circulates to most households in Falcon Heights. • The Roseville Review is a weekly publication. A monthly publication such as the Park Bugle would not suit the City’s needs, as the City Council meets twice a month, and legal notices must be published on a more timely schedule. • The $3.50 per column inch charge for the Roseville Review is lowest. ACTION REQUESTED: Designate the Roseville Review as the City’s legal newspaper for 2009. CONSENT F3 1/14/09 ITEM: City License Renewals SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk The following businesses have applied for municipal business licenses for 2009. Staff has received the necessary documents for licensure. • Central Pediatrics • Jackson Hewitt Tax Service • MN State Horticultural Society • Assoc of Metropolitan School Districts • National Youth Leadership Council • Warners’ Stellian • Coffee Grounds • MN Planetarium Society • TIES • Blomberg Pharmacy • MN Congress of Parents, Teachers and Students • Curves • Arthur Williams Opticians • Midwest Youth Dance Theatre • Parents United • Peterson Dental • James Kernik DDS • Tiffany Salon • Edward Jones The following businesses have applied for tree trimming/removal licenses for 2009. Staff has received the necessary documents for licensure. • A-1 Walsh Inc. • 4 Seasons Tree Care Inc. • Pioneer Tree & Landscape • Northern Arborists • St. Croix Tree Service • S & S Tree and Horticultural Specialist, Inc. • Carr’s Tree & Landscape • Branch and Bough Tree Service The following individuals have applied for massage therapy for 2009. Staff has received the necessary documents for licensure. • Susan Lindquist The following businesses have applied for mechanical contractor’s licenses for 2009. Staff has received the necessary documents for licensure. • Yale Mechanical • Genz-Ryan Plumbing & Heating • River City Sheet Metal • South –Town Refrigeration • Krinkie Heating & AC • Norblom Plumbing • Wenzel Heating & AC • Fireside Hearth & Home • Hoffman Corner Heating & AC • Bonfe’s Plumbing, Heating & Air • Sedgwick Heating The following businesses have applied for general contractor’s licenses for 2009. Staff has received the necessary documents for licensure. • Kraus-Anderson Construction Co. • Asphalt Driveway Co. The following have applied for a home occupation license for 2009. Staff has received the necessary documents for licensure. • Minnesota Internet Products • David Wasson Graphic Design The following businesses have applied for refuse/recycling licenses for 2009. Staff has received the necessary documents for licensure. • Gene’s Disposal Service • Walter’s Recycling & Refuse • Veolia Environmental • Keith Krupenny & Son CONSENT F4 1/14/09 ITEM: Resolution designating official depositories for 2009 SUBMITTED BY: Roland Olson, Finance Director EXPLANATION: All investments are made according to State law and the City’s Investment Policy. The City Administrator or Finance Director is authorized to deposit general and other funds therein and handle investments and transfers of funds for the City of Falcon Heights. Collateral is furnished by the financial institutions as required by law. ACTION REQUESTED: Adoption of Resolution 09-01 approving the official depositories for 2009. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION January 14, 2009 No. 09-01 ----------------------------------------------------------A RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR THE CITY OF FALCON HEIGHTS BE IT HEREBY RESOLVED, by the city council of the City of Falcon Heights that the following financial institutions be designated as depositories for funds of the City of Falcon Heights: US Bank System, LMC 4M Fund (checking account) US Bank National Association RBC Public Fund Services Smith/Barney Citigroup Global Markets, Inc. Wachovia Securities Minnesota Municipal Money Market Fund (4M Fund) and (4M Plus Fund) PMA Securities Inc (4M and 4M Plus Investment Pools) Wells Fargo Brokerage Services, LLC BE IT FURTHER RESOLVED that the City Administrator or Finance Director is authorized to deposit general and other funds therein and handle investments and transfers of funds for the City of Falcon Heights. Collateral shall be furnished by the financial institutions as required by law. --------------------------------------------------------------------Moved by: Approved by: ________________________ Peter Lindstrom, Mayor January 14, 2009 LINDSTROM ____ In Favor Attested by: ________________________ KUETTEL Justin Miller HARRIS ____ Against City Administrator LONG January 14, 2009 MERCER-TAYLOR CONSENT F5 1/14/09 ITEM: Council liaison assignments SUBMITTED BY: Peter Lindstrom, Mayor EXPLANATION: Council members are each assigned to serve as a liaison between the City Council and the various Commissions each year. Assignments for 2009 are as follows: • Environment – Peter Lindstrom • Parks and Recreation – Chuck Long • Planning – Laura Kuettel • Human Rights – Pam Harris • Neighborhood – Beth Mercer-Taylor • U of MN Campus Area Coordinating Committee, Stadium Area Advisory Group, and Master Planning Committee – Peter Lindstrom • Ramsey County League of Local Governments – Pam Harris (Lindstrom alternate) • Northwest Youth and Family Services – Peter Lindstrom • North Suburban Cable Commission – Rick Talbot (Chuck Long alternate) ACTION REQUESTED: Approval CONSENT F6 1/14/09 ITEM: Review of Elected Official Out-of-State Travel Policy SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: In 2005, the Minnesota state legislature passed a requirement that cities adopt a policy that regulates outof-state travel by elected officials. The Falcon Heights City Council adopted the attached policy on November 9, 2005. One provision of the statute is that the policy be reviewed annually by the city council. REQUESTED ACTION: Staff recommends that the Falcon Heights City Council affirm the attached City of Falcon Heights Elected Official Out-of-State Travel policy adopted November 9, 2005. CONSENT F7 1/14/09 ITEM: Appointment of City Engineer SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Staff recommends that the contract with the City of Roseville be continued for 2009, and that Deb Bloom be appointed as the City Engineer. ACTION REQUESTED: Approval of Deb Bloom and the City of Roseville as City Engineer for 2009. CONSENT F8 1/14/09 ITEM: Appointment of Prosecuting Attorneys SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: For several years, the City of Falcon Heights has contracted our prosecuting attorney services to outside attorneys. The law firm of Hughes & Costello has provided this service for numerous years and has done so in quite satisfactory fashion. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council approve the law firm of Hughes & Costello to provide prosecution legal services for 2009. CONSENT F9 1/14/09 ITEM: Appointment of City Auditor for 2009 SUBMITTED BY: Roland Olson, Finance Director EXPLANATION: Each year we are required to have an independent firm audit our financial records. For the past several years, we have used Kern-DeWenter-Viere as our auditors, and we have been very happy with their services. A formal contract will be presented to the council at a coming meeting to establish their rates for the coming year, but in the meantime staff is asking the council to appoint KDV as our city's auditor in case any issues arise before a contract can be approved. ACTION REQUESTED: Approval of KDV, Kern-DeWenter-Viere, as the City Auditor for 2009. CONSENT F10 1/14/09 ITEM: Accept Resignation of Deputy Clerk/Assistant City Administrator Stacey Kreuser SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: It is with sadness that I am recommending that the city council accept the resignation of Deputy Clerk/Assistant City Administrator Stacey Kreuser effective January 2, 2009. Stacey has been an integral part of our city organization since August 2005, but she has had an opportunity arise that she simply could not pass up. We wish her the best of luck in her new endeavors. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council accept the resignation of Stacey Kreuser effective January 2, 2009. CONSENT F11 1/14/09 ITEM: Review and adopt Council standing rules SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Each year at the first Council meeting, the City Council reviews the operating procedures it intends to use, and decides if changes are warranted. Staff has no recommendations for changes in the standing rules at this time. ATTACHMENT: City Council Standing Rules ACTION REQUESTED: Adopt standing rules as amended 2/8/2006 for 2009. Amended February 8, 2006 B. CITY COUNCIL STANDING RULES INTRODUCTION In the belief that the best decisions are made by the best informed decision makers and that the public decision process is best served when the public has every opportunity to present views, the following rules are established to govern regular and special council meetings, as well as formal public hearings. There are several goals behind these rules. 1. In general, free and open discussion by all interested parties should be an essential part of the decision making process. 2. The council process should have as little procedural overhead as possible. 3. Time is better spent on substantial matters rather than proforma matters. MEMBERSHIP The formal council membership consists of the four council members and the mayor. All five have one vote each and all five can introduce motions. For purposes of leading the meeting, the mayor, or in the absence of the mayor, the acting mayor will be considered the chairperson. RULES Agenda 1. To be considered, an item must be on the agenda and the agenda must be distributed to all of the council members and any other persons having responsibility for an item at least three working days prior to the meeting. An agenda can be modified with addenda by a majority vote, but this should be used only for minor items or items with extreme time constraints. 2. An item can be moved from the consent agenda to the action agenda at the request of any council member. 3. Since there will be an audience and cable TV viewers not familiar with each item, the chair will give a brief explanation of each item as it is addressed. 4. The order of items on the agenda need not be followed absolutely. The chair may adjust the order in the interest of: a. Filling in time before a scheduled item, i.e. a public hearing. b. Grouping several items to best make use of consultant time. c. Accommodating individuals who have attended the meeting specifically to provide input on an item. Process – Regular and Special Council Meetings 1. For these proceedings, the council will use the “open discussion” procedure. That is, discussion is open to any member before or after a motion is made. This privilege is also extended to the city administrator, city clerk and any of the consultants who may have an interest in or can contribute to the item at hand. 2. At the discretion of the chair, this privilege is also extended to those members of the audience who wish to provide input. The chair may also rule out of order any input felt to be redundant, superfluous, or irrelevant. 3. The chair can make liberal use of the “unanimous consent” procedure. That is, items that in the judgment of the chair are likely to be unanimously approved, can be introduced for approval with the statement “If there are no objections . . . stands approved (or denied).” If any council member has an objection, the item reverts reverts to the standard motion procedure. This “unanimous consent” procedure cannot be used for items requiring formal votes, i.e. resolutions, or for approval of the consent agenda. 4. The standard motion procedure is changed to not require a second. A motion need only to be considered. This also applies to amendments. 5. To eliminate confusion, only one amendment will be considered at a time and that amendment must be germane to the motion. An amendment cannot itself be amended. If a change to an amendment is deemed appropriate, the amendment should be withdrawn and reintroduced accordingly. 6. The general mode of voting will be by acclamation, but with enough clarity that the individual votes can be recorded in the minutes. If in doubt, the city clerk can request a clarification. 7. The meeting will be recorded and the recording will be retained for three months following approval of the minutes for that meeting. The standard retention can be extended if, in the judgment of the mayor, city administrator, administrator, city clerk or any council member, such action is warranted. Council workshop sessions are open to the public but will not be recorded. 8. If the council action is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record. 9. No council meeting will extend beyond 10:30 PM except by unanimous vote. This rule is not subject to the modification or suspension provisions of the Standing Rules. Process – Public Hearings Since a public hearing is a more formal procedure and often requires certain procedures and actions to be legal, the meeting rules are changed accordingly. 1. The primary aim of a public hearing is to take input from the public. To accomplish this in the most effective manner, the chair will introduce the hearing with an explanation of the issues. This explanation will be given by the chair or a person designated by the chair. The use of explanatory visual aids is encouraged. 2. Following the explanation, input from the public will be taken. Prior to accepting input, though, the chair will state the areas where input will be appropriate, the maximum time to be allotted to any individual presenter, and any other procedural rules deemed appropriate to guarantee that all concerned parties have a fair and adequate opportunity to be heard. 3. All individuals wishing to speak must identify themselves, their address, and speak into a recording microphone. Individuals not wishing to speak in public may provide a written statement. The council may take up to 15 minutes to review written statements presented at the meeting. If the council decides to not act on the issue at the public hearing meeting, it may, by majority vote, extend the time where written input will be taken to a day no later than one week before the next meeting where a deciding vote is planned. 4. All speakers are expected to be businesslike, to the point and courteous. Anyone not abiding by these rules will be considered out of order. 5. The council will refrain from initiating a discussion during the public input phase of the hearing except to clarify points brought up. These “points of information” requests should be held to a minimum. 6. Once the public testimony phase is complete, the chair will announce the public hearing to be closed and the council will revert back to its open discussion mode of operation. From this point on, public input will only be appropriate when solicited by the council. 7. It shall be the intent of the council to vote on the issue at the same meeting as the public hearing and as close in time to the public public hearing as possible. Should it be necessary to defer voting until a later date, that procedure will be clearly explained to the audience. 8. No public hearing will extend beyond 10 PM. 9. If the motion contains conditions, as may occur in conditional use or variance requests, those conditions will be conveyed in writing to the requestor. 10. If the public hearing is the result of a resident request and that request is denied in whole or in part, reasons of fact supporting the denial will be made part of the public record. 11. If the public hearing is to set an assessment rate, the assessment formula(s) under discussion cannot be altered. This implies that the council has fully discussed any formulas prior to the hearing and that the appropriate legal, fiscal and engineering consultants have passed on formula(s) viability, legality and feasibility. 12. If the hearing is to set an assessment, it cannot be scheduled later than the first meeting in September. This is to allow time to correct any errors prior to the time needed to certify the rolls to the county. ADOPTION/MODIFICATION/SUSPENSION These rules, with the exception of the mandatory 10:30 PM adjournment, can be adopted, modified or suspended in whole or in part by a ¾ vote of the council. If suspended, they are automatically reinstated at the next meeting. Should they be suspended or a situation occurs that is not covered by the standing rules, Sikkink’s Seven Motion System (attached) will apply. ANNUAL REVIEW These rules will be reviewed annually at the first meeting in January. INTERPRETATION The chair will interpret the rules. However, the chair’s interpretation can be appealed by any council member and can be overruled by a majority vote. Attachment SIKKINK’S SEVEN MOTION SYSTEM General Rules for a Simplified System of Parliamentary Procedure 1. The purpose of this decision making system is to allow efficient decision making that represents a majority position. Any motion, request, discussion or proposal, which seems to have as its purpose unreasonable delay, manipulation, or the goal of serving individual ends rather than group ends, can be ruled out of order by the chair. Such a ruling by the chair will be subject to the motion called appeal. 2. Free and open discussions are valued in this decision making system. For that reason, most motions are discussable and the motion to restrict discussion requires a 2/3 vote in order to pass. In recognizing persons for discussion, the chair first recognizes the person who made the motion, next recognizes other persons and always recognizes a person who has not spoken over a person who has already participated in the discussion. As far as possible, the chair should try to alternately recognize persons representing different viewpoints. 3. In examining the chart on the following page, you will note that five of the seven motions are amendable. However, only one amendment at a time may be considered. As soon as that amendment is passed or defeated, another amendment may be proposed. 4. The number in front of the motion listed indicates the rank of each motion. Thus, #1 – General motions are lowest in rank, and #7 – Restrict Debate motions are highest in rank. Two rules apply: (1) You usually cannot consider two motions of the same rank at the same time, and (2) If a motion of one rank is being considered, a motion of the same rank or lower rank is usually out of order, but a motion of higher rank is in order. While these rules generally apply, the chair may allow some flexibility in certain circumstances. These situations almost always occur with motions #5, 6 and 7. For example, if #7 -“Restrict Discussion” is being discussed and a member wants a secret ballot vote on the matter, Request, while lower in rank, could could be used to accomplish this purpose. The chair is allowed to make all decisions on exceptions, but all such decisions are subject to appeal. CONSENT F12 1/14/09 ITEM: Designation of 2009 Acting Mayor SUBMITTED BY: Mayor Peter Lindstrom EXPLANATION: Periodically, the mayor’s absence requires that official duties (such as signing official documents, running city council meetings, etc.) need to be conducted in a timely manner. Past practice has been to rotate this position among the various city councilmembers. The 2008 acting mayor was Councilmember Kuettel. The mayor still retains the right to name other council members as acting mayor when planned absences are anticipated, but the formal designation of an acting mayor allows for continuity of operations in the case of an emergency or unplanned absence. REQUESTED ACTION: I recommend that the Falcon Heights City Council appoint Pam Harris as acting mayor for 2009. CONSENT F13 1/14/09 ITEM: City Administrator Performance Review SUBMITTED BY: Mayor Peter Lindstrom EXPLANATION: In June 2008, the city council and city administrator agreed to delay his annual performance review and salary adjustment until the end of the year so that it coincided with the budget year and the rest of the staff’s performance reviews. I recently discussed the city administrator’s performance with the city council and select city staff. The findings were very positive, and at this time I am recommending that his salary be increased to $89,200 retroactive to June 19, 2008 (the date which his previous contract expired). This amount is consistent with the city’s policy of compensating our employees at 90% of the average level for comparable cities. As is being recommended for all other employees, his 2009 salary will remain the same as this adjusted 2008 amount. REQUESTED ACTION: I recommend that the city council adjust City Administrator Miller’s annual salary to $89,200 retroactive to June 19, 2 008. CONSENT F14 1/14/09 ITEM: Firefighter appointment SUBMITTED BY: Clem Kurhajetz, Fire Chief EXPLANATION: Rich Hinrichs is recommended for approval as a firefighter with the Falcon Heights Fire Department. ACTION REQUESTED: Approval CONSENT F15 1/14/09 ITEM: Approval of DNR Community Forest Bonding Grant SUBMITTED BY: Andy Hovland, City Forester EXPLANATION: The Minnesota Department of Natural Resources recently announced that they are accepting applications for the removal, disposal and replacement of dead or dying boulevard trees. The City of Falcon Heights has an extensive urban forest, and replacing dead or diseased trees has historically been a high priority of the city. The grant application is for $21,750, which is 50% of our 2009 budgeted removal, disposal and replacement schedule. The grant requires a 50% local match. The maximum award for existing programs such as ours is $75,000. If awarded, we will be required to approve and submit an updated shade tree ordinance, annual maintenance plan, and community pubic education plan. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt an application for the 2008-2010 Community Forest Bonding Grant program through the Minnesota Department of Natural Resources Resources in the amount of $21,750. CONSENT F16 1/14/09 ITEM: Commission Appointments SUBMITTED BY: Peter Lindstrom, Mayor EXPLANATION: I recommend that the following individuals be appointed to city commissions: Human Rights Commission • Roy Garza (reappointment for second term) Environment Commission • Gretel Keene (reappointment for second term) Planning Commission • Randall Gustafson • Keith Gosline Neighborhood Commission • Felicia Turner ACTION REQUESTED: Approval. POLICY G1 1/14/09 Policy Item: Recreation Program Refund Policy Submitted By: Lisa Abernathy, Recreation Supervisor Reviewed By: Tim Pittman, Director of Parks and Public Works Summary: Currently if a participant wishes to back out of a program and it was done before the programs begins or within the first week they would receive a full refund. This time frame for refunds has raised concerns for the status of certain programs as well as it has become time consuming for both the Recreation Supervisor and Finance Director to process these refunds. To decrease the amount of last minute withdrawals the Commission is looking at charging an administrative fee that would be charged for any type of program refund. After exploring other community’s policies the Commission is looking at making the following changes to the refund policy: Present Refund Policy: Refunds will only be issued if or when: • A class is cancelled due to low enrollment. • A participant wishes to withdraw before the class begins or during the first week of the program. • Refunds will not be issued after the first week of the program. New Refund Policy: If a program cancellation is initiated by individual there is a $5.00 administrative charge. Refunds will only be issued if requested one business week before the start of the program. If requested after this time, no refund will be issued. Action Required: The Parks Commission recommends city council approval of the changes made to the current refund policy. POLICY G2 1/14/09 ITEM: Agreement between the City of Falcon Heights and the City of Lauderdale regarding program fee charges Submitted By: Lisa Abernathy, Recreation Supervisor Reviewed By: Tim Pittman, Director of Parks and Public Works Summary: The City of Lauderdale currently does not provide recreational programs to its residents therefore many of their residents participate in Falcon Heights programs. The City of Lauderdale would like to help Falcon Heights continue this service to its residents by providing additional marketing and publicity for our programs. In return they would like their residents to receive the “resident rate” for a recreation program. As part of this agreement the City of Falcon Heights will track the Lauderdale registrations and bill the City of Lauderdale the difference between the nonresident rate and the resident rate for the programs Lauderdale residents register for. The City of Lauderdale will then reimburse Falcon Heights the difference for these registrations. Attached is a Recreation Reimbursement Agreement stating what each City will be responsible for in this agreement. Pending approval this will take effect at the start of spring/summer registration in March. Action Required: The Parks Commission recommends council approval of the Recreation Reimbursement Agreement between the City of Falcon Heights and the City of Lauderdale. City of Lauderdale 1891 Walnut Street ?? Lauderdale ?? Minnesota 55113 Phone: 651-792-7650 Fax: 651-631-2066 Recreation Reimbursement Agreement This agreement made the __ day of January, 2009 by and between the City of Lauderdale and the city of Falcon Heights for services outlined below: Scope of Agreement: The City of Falcon Heights agrees to: 1. register Lauderdale residents for recreation programs at the Falcon Heights resident rate. 2. provide the City of Lauderdale with a quarterly invoice for the difference between the resident and non-resident rate. 3. provide the City of Lauderdale with a quarterly report delineating the fees, reimbursements and users. 4. place a public service announcement in the brochure regarding the coordinated effort. 5. provide the City of Lauderdale with copies of the recreation brochure as needed for Lauderdale residents. The City of Lauderdale agrees to: 1. inform Lauderdale residents of the new service. 2. encourage resident participation in said programs via; newsletters, cable television and public service announcements in local papers. 3. make program brochures available at City Hall for resident convenience. 4. make quarterly payments for recreation reimbursements of Lauderdale residents. Signed: ___________________________________ ________________________ __________ Lauderdale City Administrator Falcon Heights City Administrator POLICY G3 1/14/09 ITEM: Salary Adjustment/Recognition of Additional Duties for Lisa Abernathy SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: The resignation of Deputy Clerk/Assistant City Administrator Stacey Kreuser leaves us one person short in terms of staffing at city hall. With the uncertain budget situation at the state level (and the possible reductions in local government aid), staff is searching for ways to lower expenditures as quickly as possible. At this time, staff is recommending that Lisa Abernathy assume the duties of deputy clerk in addition to her role as recreation supervisor. This arrangement will not be without difficulties, especially as we get closer to the summer months when the recreation programs begin. Other staff members will also pick up duties that normally fall under the role of the deputy clerk. This will mean that some items and/or services will be delayed or eliminated due to fewer staff being available. One example will be how minutes of city council meetings meetings are prepared. In order to keep Lisa from attending too many meetings (avoiding burnout and overtime expenses), the city administrator will take notes during the meeting, but the official minutes will only denote who made motions and the roll call vote on each item. If there are visitors who make presentations, their topic will be denoted, but staff will not attempt to articulate what their message was. Further, a listing of speakers on each item will be listed (as in public hearings), but their comments will not be included. Basically, the minutes will denote actions and outcomes only. As always, copies of the meetings will be available for viewing or purchase at city hall. Other items that will be impacted will include postponing the scanning of historical documents, longer processing of building permits and licenses, slower updates of the city website, less staff assistance for the neighborhood commission, and longer wait times on phone calls when the office is short-staffed. In recognition of taking on these additional duties, staff is recommending that Lisa’s salary be increased from $42,778 to $47,155 annually. This arrangement will be in effect through June 30th or until other arrangements are made. If this arrangement were to be extended throughout the year, estimated savings would near $50,000. This is not a long term solution, especially as we enter election seasons. However, staff is very appreciative of Lisa taking on these additional duties, as well as the rest of the staff for stepping up to the plate and filling in gaps that this vacancy causes. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council approve the assumption of deputy clerk duties by Lisa Abernathy and adjust her pay to the scale listed above. POLICY G4 1/14/09 ITEM: Joint Powers Agreement with the City of Little Canada for the Purchase of a Streetsweeper SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Last year, staff investigated the possibility of purchasing a streetsweeper for our street cleaning operations. Historically, the city has contracted with local companies to perform both our spring and fall street sweeping duties. Purchasing a sweeper on our own was determined not to be cost effective. However, we were approached by the City of Little Canada who was also looking at purchasing a sweeper about sharing in the cost and conducting a joint purchase. The benefits of having our own streetsweeper will be numerous. We will be better able to control when the sweeping occurs thereby avoiding late-falling leaves and late snowfalls. It will also allow us to conduct additional sweeps as needed in the case of heavy storms or other times when the streets are uncharacteristically dirty. All of our public works staff have obtained the necessary licenses to operate the equipment, so additional staff will not be needed. Together, we were able to obtain a very reasonable price for the streetsweeper. The total cost is $164,317.79 (including tax), and based upon our percentage of lane miles, we will be responsible for 34.62% of the purchase price, or $56,886.82. For 2009, the storm drainage budget contains $25,000 for streetsweeping operations. We will still incur some disposal and maintenance costs associated with our sweeping, but it is anticipated that purchasing this unit will pay for itself in less than five years. The expected life expectancy of the sweeper is ten to fifteen years. The attached joint powers agreement spells out the particulars of the purchase and how both cities will work together on the sharing and operation of the sweeper. The city attorney has reviewed it and finds it acceptable. Key points of the agreement include: • We will be joint owners of the equipment, and the title documents will reflect the joint ownership. • Primary storage will be in Little Canada, except when in use by Falcon Heights. • General maintenance will be the responsibility of Little Canada. • The public works directors of each city will establish a cleaning schedule annually. • Little Canada will insure the sweeper through the League of Minnesota Cities Insurance Trust • Maintenance costs will be paid by each city in proportion to the number of hours used by each city. • Either city may terminate the agreement with 12 months notice, and the cancelling city will be reimbursed their pro-rated share of the purchase price. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council approve the attached Joint Powers Agreement with the City of Little Canada for the purchase of a streetsweeper. JOINT POWERS AGREEMENT CITY OF LITTLE CANADA – CITY OF FALCON HEIGHTS Process for Joint Purchase/Operation of Street Sweeper PARTIES This Agreement is entered into pursuant to Minn. Stat. Section 471.59 between the City of Falcon Heights (Falcon Heights) and the City of Little Canada (Little Canada), both Minnesota municipal corporations within Ramsey County, Minnesota. PURPOSE The purpose of this agreement is to define the process by which a regenerative air street sweeper will be jointly acquired, operated, and financed by the municipalities in an attempt to generate cost savings and efficiencies not available to each city acting individually. AGREEMENT Now, therefore, in consideration of the mutual undertakings herein expressed, Falcon Heights and Little Canada agree as follows: 1. Purchase Process Little Canada will oversee the purchase of the street sweeper in consultation with Falcon Heights. The following provisions shall guide the purchase: a. A 2009 Elgin Crosswind J+/M2 regenerative air sweeper on on a Freightliner M2 chassis shall be purchased utilizing the State of Minnesota’s Cooperative Purchasing Venture pricing. b. The purchase price shall be $154.289 plus sales tax of $10,028.79 for a total price of $164,317.79. c. The options to be included on the sweeper shall consist of the following: ?? Dual Air Ride High Back Cloth Seats ?? In Cab Hopper Dump ?? Air Dryer ?? AM/FM CD Radio ?? Right Hand Gutter Broom Tilt ?? El. Hydraulic Pump ?? Hopper Inspection Door with Step & Handle ?? Strobe ?? S/S Heated Power Mirrors ?? LED Light Package ?? Hopper Deluge ?? Anti-Siphon d. The City Councils of both Little Canada and Falcon Heights are approving the purchase of the street sweeper by their approval of this agreement. e. The street sweeper shall be purchased as soon as practical with the goal of having it available for operation by no later than April 1, 2009. Falcon Heights and Little Canada shall be joint owners of the sweeper and title to the sweeper shall indicate same. 2. Operations and Maintenance a. The sweeper will be housed primarily in Little Canada. When in use at Falcon Heights, Falcon Heights shall provide suitable, indoor protection for the sweeper. b. Each city will be responsible for the dumping of its respective debris including any costs and liabilities associated with same. c. The Public Works Superintendents for each city shall jointly establish a daily schedule for the the operator(s) of the sweeper to follow to ensure the sweeper is properly maintained. d. Little Canada will be responsible for all maintenance of the sweeper beyond that needed for daily operation. Little Canada will follow the maintenance guidelines established for the sweeper by the manufacturer and provide documentation of same. Should Falcon Heights be aware of any maintenance or repairs needed on the sweeper beyond daily maintenance, they shall promptly inform Little Canada of same. In no event shall either city operate the sweeper if maintenance or repairs are needed that could result in damage to the sweeper. e. Each city shall designate at least one person to be trained on the operation and maintenance of the sweeper from the vendor/manufacturer. Any new operator shall be properly trained by their respective city. In no event shall an employee operate the sweeper who has not been properly trained. Each city shall document the training received by each employee. f. The Public Works Superintendents of each city shall jointly establish a sweeping schedule for the coming year. Spring sweeping shall commence as soon as weather permits. Falcon Heights shall have the first usage of the sweeper for spring sweeping in odd-numbered years and Little Canada in even-numbered years. Nothing in this agreement will prevent the respective Public Works Superintendents from modifying these arrangements when they deem it mutually beneficial. Furthermore, each city will cooperate with the other to accommodate special or emergency needs that could not have been anticipated. g. Little Canada shall insure the street sweeper either through the League of Minnesota Cities Insurance Trust or another insurer agreed upon by both parties. h. Should the sweeper be damaged as a result of negligence on the part of the operator, then the City whose operator caused the negligent act shall be responsible for the costs to repair said damage. Should a negligent act of Falcon Heights result in an insurance claim, then Falcon Heights shall be responsible for reimbursing Little Canada for any additional costs incurred as a result of the insurance claim based on calculations provided by the carrier documenting the additional cost including lost dividend income. 3. Financial Relationship and Responsibilities a. Little Canada shall issue the full payment for the street sweeper based on the terms of purchase. Falcon Heights shall remit its share of the purchase price within five (5) days of Little Canada’s remittance to the vendor. Little Canada shall provide copies of all invoices or other records deemed necessary by Falcon Heights relative to the purchase. b. The cost of acquisition shall be divided between the two parties based on lane miles of streets within each City. Falcon Heights’ lane miles equal 39.06 miles. Little Canada’s lane miles total 73.75. Based on this information, the initial costs of acquisition shall be divided between the two cities with Falcon Heights paying 34.62% ($56,886.82) of the total acquisition cost and Little Canada paying the remainder ($107,430.97). c. Little Canada will be responsible for primary maintenance and will establish a separate separate general ledger account to track costs associated with the operation of the sweeper. (The costs of the operator will not be included in the operating account if each city hires its own operator.) Costs to be included in the operation account will be fuel, oil, tires, brooms, repair costs, parts, supplies, and labor related to the maintenance/repair of the sweeper, staff time expended for maintenance activities not associated with daily operations charged at hourly rates with benefits, insurance, contracted maintenance, cleaning, etc. To the extent that Falcon Heights incurs these costs in association with its usage of the sweeper, they shall provide copies of invoices documenting said expenses; the total of which shall also be accounted for in the final allocation of costs. The final allocation of costs shall be based upon a proration of hours of use by each city, including travel time, as documented by the sweeper’s hour meter. These costs will be prorated between the cities based on hours of use including travel time. In consideration of Little Canada’s advancing of the majority of costs for operation and maintenance, Falcon Heights shall be responsible for travel from and to Little Canada when they utilize the sweeper. Both cities pledge their cooperation to resolving any logistical issues associated with this provision and will endeavor to manage expenses in a cost effective manner. manner. INDEMNIFICATION & HOLD HARMLESS Falcon Heights agrees to defend, indemnify, and hold harmless Little Canada against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Falcon Heights and Falcon Heights’ employees or agents. Little Canada agrees to defend, indemnify, and hold harmless Falcon Heights against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Little Canada is responsible and Little Canada’s employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. WAIVER. Any and all persons engaged in the work to be performed by Falcon Heights shall not be considered employees of Little Canada for any purpose, including Worker’s Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said Falcon Heights employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Little Canada. The opposite situation shall also apply: Falcon Heights shall not be responsible under the Worker’s Compensation Act for any employees of Little Canada. F. DISPUTE RESOLUTION Any dispute under this Agreement shall first be discussed between the Mayor and City Administrator of each respective City within ten (10) days of written notice from one city to the other. Should the joint discussion not result in the resolution of the issue, then the dispute shall be arbitrated by Little Canada and Falcon Heights under the auspices of the American Arbitration Association. It is understood that each party will bear its own respective costs resulting from these proceedings. It is further understood that each party shall be responsible for one-half of the costs imposed by the American Arbitration Association. G. DURATION OF AGREEMENT This Agreement shall continue for an indefinite term. Either party may terminate this agreement with 12 months written notice to the other. The City cancelling this agreement shall be paid its share (as outline in provision 3.b. of this agreement) of the depreciated value of sweeper. The value of the sweeper shall be determined by a qualified appraiser at the effective date of cancellation with said appraiser to be mutually agreed upon by both cities H. SUCCESSORS BOUND This Agreement shall be binding upon and inure to the benefit of any successor governmental subdivision of the parties. I. COMPLETENESS OF THE AGREEMENT This document contains all the terms and conditions of this Agreement, and any alterations or variations of the terms of this Agreement shall be invalid unless made in writing and signed by the parties. There are no other understandings, representations or agreements, written or oral, not incorporated herein. If any part of this Agreement is declared null and void by law, the remaining paragraphs of said Agreement shall be valid. J. NOTICES Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: City Administrator City Administrator City of Falcon Heights City of Little Canada 2077 W. Larpenteur Avenue 515 Little Canada Road East Falcon Heights, MN 55113 Little Canada, MN 55117 IN WITNESS WHEREOF, Little Canada and Falcon Heights have caused this Agreement to be executed by authority of their respective city councils and have caused their corporate seals to be affixed. Pursuant to Council authorization granted at Council meeting held on the _______ day of January, 2009. CITY OF FALCON HEIGHTS BY:_______________________________ Peter Lindstrom, Mayor (SEAL) BY:_______________________________ Justin Miller, City Administrator Pursuant to Council authorization granted at Council meeting held on the _______ day of January, 2009. CITY OF LITTLE CANADA BY:_______________________________ (SEAL) William Blesener, Mayor BY:_______________________________ Joel R. Hanson, City City Administrator POLICY G5 1/14/09 ITEM: Delay of 2009 Cost of Living Adjustments for City Employees SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Even as the city council approved the 2009 budget last December, the economic outlook was becoming more and more disturbing. In late December, Governor Pawlenty unalotted roughly $50,000 in our Local Government Aid distribution, and with a $4.5 billion deficit facing the state in the upcoming biennium, further cuts to LGA are expected. It is only prudent that the city begin to anticipate this loss of revenue with budget adjustments as soon as possible. It is not unreasonable to believe that up to $150,000 of LGA could be taken away from us mid-year, and making tough decisions now will keep us from having to make even tougher decisions later in the year. Unfortunately, one of those difficult decisions that needs to be made is in regards to staff salaries. The approved 2009 budget includes a 3.5% cost of living adjustment (COLA) for all full-time personnel. Freezing salaries at the 2008 level will save an estimated $21,266 (but only $15,694 can be attributed to the general fund). While not an ideal situation, it is staff’s recommendation that 2009 salary adjustments be delayed until July 1st so we know exactly how the legislature and governor address the state’s budget deficit. A worst case scenario would be that after July 1, the COLA delay will need to be extended through the entire year. A best case scenario would be that the state leaves our LGA distribution in tact, and we could apply the salary adjustments retroactively. There could also be solutions between those two extremes, such as a smaller COLA or alternative compensation packages like additional sick or vacation leave. This is not an action that is being taken lightly, as rewarding and compensating our employees is a high priority. However, delaying COLA increases now does not preclude the city council from awarding them later in the year. This simply gives us a little more flexibility when difficult budget budget choices are going to need to be made. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council delay implementing 2009 cost of living adjustments for all full time city personnel until July 1, 2009, at which point the matter will be reconsidered.