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HomeMy WebLinkAbout2009-02-17 CC MIN . }water 'ME III1TM'LACE Gf MIIIIE.GIA CITY COUNCil MEETING February 17, 2009 REGULAR MEETING 7:00 P.M. 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 Assistant Engineer Kraftson Public Works Director Sanders City Clerk Ward PLEDGE OF AllEGIANCE Fire fighters and police officers in attendance led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the February 3, 2009, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Certificate of Appreciation - Retirement - Ron Johnson Mayor Harycki read a Certificate of Appreciation for Ron Johnson recognizing his 26+ years of service to the City of Stillwater. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009-36, Certificate of Appreciation to Ronald N. Johnson. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Fire Chief Glaser presented the certificate and plaque to Captain Johnson. City Council Meeting February 17,2009 OPEN FORUM No public comments. STAFF REPORTS Police Chief Gannaway told the Council that office hours have been altered due to budget cuts. New office hours will be 7 a.m. to 4:30 p.m., rather than 7 a.m. to 6 p.m. Chief Gannaway noted that the office will not always be open due to staffing; he requested residents who need some type of administrative assistance from his office, they should call ahead to make sure the office will be open. Mayor Harycki asked if the police department was ready to resume truck inspections in the spring. Chief Gannaway said two officers will likely be attending commercial vehicle inspection school, a free, two-week school, which will enable the local department to do its own inspections without having to bring in the Highway Patrol. Mayor Harycki asked City Administrator Hansen to find out if there is anything in the federal Stimulus Bill that might apply to the City. Mr. Hansen that there are two items which might be applicable, including some energy assistance which might have bearing on the City's plans to insulate the dome at the Recreation Center, as well as funding for water infrastructure which he sent to Mr. Benson at the Water Department. Mr. Hansen said cities had been asked to list projects which might be ready to go, and that he did submit the City's flood control project as one of those projects. Councilmember Polehna said he had seen some information regarding parks and recreation funding, which he passed along to Public Works Director Sanders. Mr. Sanders stated he has been in contact with the Municipal State Aid Office and has submitted a list of about six or seven state aid streets for possible mill and overlay projects, about $3 million in projects. CONSENT AGENDA (Roll Call) Mayor Harycki asked that Item 6 be pulled for discussion. Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the Consent Agenda, Items 1-5. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None 1. Resolution 2009-30, directing payment of bills 2. Resolution 2009-31, resolution approving of CLG Grant application for Landmark Homes program 3. Resolution 2009-32, reapportioning special assessments for subdivision of Parcel No. 21.030.20.24.0016 (1802 4th Street N) pursl,Jant to subdivision of land Page 2 of 11 City Council Meeting February 17, 2009 4. Resolution 2009-33, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code 5. Resolution 2009-34, approving the 2009 Service Agreement for water monitoring with the Washington Conservation District 6. Resolution 2009-35, approval of Washington County Communications System Subscriber Agreement (800 MHz radio system) Regarding item No.6, City Administrator Hansen said when this item was tabled at the last Council meeting, he had contacted County Administrator Schug and the staff member in charge of the 800 MHz system and found out that all users of the system will be charged the same, whether the user is a county entity or city entity or other. Mr. Hansen stated the fee is $93 per radio, per year, which will go to the Metro Emergency Services Board, with $306 per radio, per year going to Washington County for maintenance of the system. Mr. Hansen stated his only issue is with the radios for volunteer fire fighters, who might use the system only once or twice a year and that the issue is still open for discussion and he is serving on a special committee that will be looking at those charges in the future. Mayor Harycki questioned signing the agreement if that is still an open issue. It was noted that the new system is to be turned on in several weeks and if the City does not sign the agreement, it will be on its own. Councilmember Polehna asked whether each firefighter is issued a radio or whether the City has a bank of radios. Fire Chief Glaser responded that the City has a bank of radios and does not issue a radio to each person; the proposal is to replace the current bank of radios for the 800 system. City Attorney Magnuson pointed out the agreement does provide an opportunity for re- negotiation prior to annual renewal of the agreement. Mayor Harycki suggested signing the agreement with an addendum that the agreement is being signed with the understanding that the City will be given a credit for unused radios, and he suggested not make payments until the issue is resolved. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2009-35, approving communications system subscriber agreement, with the addendum as suggested by the Mayor and request a formal meeting with County officials and the Mayor and City Administrator. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Councilmember Roush asked about Item No.5, the service agreement for water monitoring for Lily Lake. Public Works Director Sanders explained it is a program that utilizes volunteers for the water sampling but not many residents have volunteered in the past so the City has paid for the program. Mr. Sanders stated that the Middle St. Croix WMO pays for the monitoring of McKusick and Brick Pond. Mr. Sanders said he Page 3 of 11 City Council Meeting February 17, 2009 could put something on the City website to see if more people will volunteer to do the sampling. PUBLIC HEARINGS No public hearings. UNFINISHED BUSINESS Libertv Stop Sions Motion by Mayor Harycki, seconded by Councilmember Gag to change the agenda, moving this item to item 4A on the revised agenda. All in favor. Discussion on Downtown Parkino Permit prooram as it relates to residents Councilmember Gag said the Downtown Parking Commission had held a special meeting on February 5, 2009, and discussed this issue. He said there was a lengthy discussion, with many scenarios put forth. Councilmember Gag stated there are 1,626 public spaces downtown of which 216 or 13.3% are pay spaces, leaving 72.9%t of the spaces totally free to residents at all times. On weekends and after 6 p.m., Mr. Gag stated that 86.7% of the spaces are free to residents. He said there was discussion of the importance of the 3-hour limit to keep traffic moving, as well as discussion about the importance of revenue for the downtown, such as providing for the paving of the lots and perhaps installation of security cameras. He said the Commission wanted to emphasize to the Council that this is a critical time due to the parking ramp and the levee project and it will be looking at a different operational plan, including charges in the parking ramp, hours, access, etc. Councilmember Gag stated the Parking Commission felt at this time, there should not be any changes and that any changes should be in the operational plan moving forward. No action was taken. NEW BUSINESS Possible approval of recommendations for General Oblioation Capital Outlav Bonds. Series 2009B. Series 2009C & Series 2009D - Brenda Krueoer - Sprinosted Brenda Krueger, Springsted, Inc. reviewed the pricing for the' refunding of three city bonds. She stated the pricing of all three refundings with Northland Securities amounts to a total present value to the City of $467,916, or an annual average savings in debt service of $56,577. She noted that as part of the pricing, they were also able to reduce the outstanding principal by $150,000. Mayor Harycki asked if the refunding extended the terms of any of the bonds; Ms. Krueger responded in the negative. At the request of Councilmember Cook, Ms. Krueger briefly explained the benefit of the refunding to City residents. Page 4 of 11 City Council Meeting February 17, 2009 Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-38, resolution providing for the issuance and sale of $1 ,005,060 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009B and levying a tax for the payment thereof Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Cook. to adopt Resolution 2009-39, resolution providing for the issuance and sale of $1 ,420,000 General Obligation Sports Facility Revenue Refunding Bonds Series 2009C and levying a tax for the payment thereof. Ayes: Councilmembers Cook, Gag. Polehna, Roush and Mayor Harycki Nays: None Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-40, resolution providing for the issuance and sale of $4,095,000 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009D and levying a tax for the payment thereof. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of feasibility report and callino for hearino on 2009 Street Improvements Assistant Engineer Kraftson reviewed the feasibility report for the 2009 street improvement project, which was included in the agenda packet. He noted the streets proposed to be included in this year's project range in age from 25-40 years and all are exhibiting different signs of pavement failure. The presentation reviewed the components of the project as well as storm sewer and drainage improvement, including rain gardens, and sanitary sewer and water services replacements. The presentation highlighted proposed financing and assessment rates. He noted the proposal includes four different assessment rates based on the different types of construction mill and overlay only, pavement reclamation, residential with existing curb and gutter and residential with new curb and gutter. The total street project cost amounts to $1,607,850, which, he noted, is just several thousand under estimated budget, with $718,744 to be assessed to property owners and a City share of $857,106; he noted the Myrtle Street ravine project, which is proposed to be bid in conjunction with the street project, is estimated at $300,000, a cost that will be paid for by the City. Mr. Kraftson reviewed issues raised at a neighborhood meeting held January 13, 2009. He said there was an issue raised about the width of Owens Street, between Olive and Pine, which staff is recommending be reduced to a 28-foot width from the existing 44- feet width. Councilmember Gag suggested going to a 32' width as a compromise and volunteered to host a town meeting to explain the proposal and obtain resident input; Page 5 of 11 City Council Meeting February 17, 2009 Mr. Kraftson said an additional neighborhood meeting is planned before the official public hearing. Mr. Kraftson said there was one other issue raised regarding parking and traffic on Ramsey between Greeley and Olive; two residents on the south side of the street would like no-parking on the south side of the street, due to the existing commercial parking in the area; he stated residents also wou.ld like the street made a one-way, east-bound street due to its use by cut-through traffic. Mr. Kraftson noted that generally, one-way streets are discouraged due to traffic circulation, but suggested the street could be posted for no left turn to eliminate cut-through traffic. Mr. Kraftson said he felt no-parking on the south side of the street makes sense if those residents are requesting that; however based on the study the County did just several years ago, it doesn't appear that a one-way is justified at this time, but that could be considered sometime in the future if the Council so desires. Mr. Kraftson also reviewed the preliminary project schedule, again noting that another neighborhood meeting will be scheduled before the public hearing in March. Councilmember Polehna suggested encouraging residents in the project area to do their own rain gardens; Mr. Kraftson said they are trying to partner with the watersheds to do just that. Motion by Councilmember Gag, seconded by Councilmember Cook to adopt Resolution 2009-41, resolution receiving report and calling for hearing on 2009 Street Improvement Project (Project 2009-02). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible first readino of an ordinance amendino Section 38-3. Noise Control and Reoulations of the Stillwater City Code City Attorney Magnuson said the intent of the ordinance is to provide some formality to the procedure for granting exceptions from the City's noise regulations. He said this would apply the same standards regarding notice that are in place for zoning cases - 10 days published notice and 10-days mailed notice to property within 300 feet of the parcel under consideration. Councilmember Roush asked about the responsibility for the cost of public notice. Clerk Ward stated there is a fee for zoning cases, but no fee for noise variance requests. City Attorney Magnuson suggested perhaps a similar fee should be added to the noise ordinance to cover the cost of mailing/publication, which could be done for the second reading. Councilmember Polehna suggested it seemed excessive to require public hearings for folks who want to have an outdoor party in their yards. Mayor Harycki noted the library is located in a Public Administration zone and perhaps the ordinance could be crafted to only apply to the PA district and exempt the residential district. After discussion, it was consensus to table this matter pending a new draft. Page 6 of 11 City Council Meeting February 17,2009 Presentation on traffic seminar - Chief Gannaway & Public Works Director Sanders Police Chief Gannaway and Public Works Director Sanders reported on a traffic seminar, "Solving Neighborhood Traffic Problems," they attended in Madison, WI. The presentation reviewed the description of the different types of neighborhoods - pre WWII, post WWII and neo-traditional- and the four residential traffic tools - traffic control, education, traffic management and traffic calming. The presentation highlighted the effectiveness of the various measures and the sample cost estimates. The presentation listed possible next steps, including formation of a traffic safety committee and development of a traffic calming policy. Mayor Harycki and Councilmembers Gag and Cook spoke in favor of forming a committee. Mayor Harycki suggested having Chief Gannaway and Public Works Director Sanders come back with a recommendation about possible committee membership. Councilmember Gag also suggested contacting other cities to see if they have stated goals and objectives. It was agreed to have Chief Gannaway and Mr. Sanders report back at the March 17, 2009 meeting Liberty Stop Signs Public Works Director Sanders reviewed the request for installation of new stop signs at five intersections in the Liberty neighborhood. Mr. Sanders noted three intersections, Newman Trail and Reunion Road, Liberty Parkway and Country Road, Rutherford Road and Tall Pine Trail, were studied to determine if they met the criteria for multi-way stop signs as established by the Minnesota Manual of Uniform Traffic Control Devises and the study indicated that the additional stop signs were not justified and were not approved by the Council. Mr. Sanders briefly addressed the request for the other two intersections, Homeward Way and Heritage Avenue and Heritage Avenue and Country Road. Councilmember Polehna asked about the possible installation of additional crosswalks, saying that was a concern he heard in a Liberty neighborhood meeting. Councilmember Polehna also asked that the issue of crossings of trails be looked at. Council member Cook said she had visited the neighborhood and the most persuasive piece for her was the requested stop signs appear to be driven by a concern for the safety of children; but that she would be against the offer of the Homeowners Association to pay for the signage, saying it sets a bad precedent. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009-37, approving traffic control changes, as presented on the Liberty stop sign map and proposal, with the directive to also study and add crosswalks in the coming months. Councilmember Gag said he had researched the reasons for the 2003 report which established criteria to make informed decisions for the entire City, drove the proposed streets, discussed the stops signs with a University of Minnesota transportation study Page 7 of 11 City Council Meeting February 17, 2009 officer to get his take on the neighborhood, and evaluated his own neighborhood and all the cut-through traffic that neighborhood experiences. Councilmember Gag suggested that there are other measures the Homeowners Association can take to address problems in the neighborhood. He stated that there were several stop signs he could support due to blind spots but that he could not support all of the signs included. Councilmember Gag spoke for taking a look at the entire City, and said he did support Councilmember Cook's position regarding not accepting payment for the signs from the Homeowners Association. Councilmember Roush clarified that his motion does not include the Homeowners Association paying for the stop signs. Ayes: Councilmembers Cook, Polehna, Roush and Mayor Harycki Nays: Councilmember Gag Possible first reading of an ordinance amendino Section 51-5. Snow Emeroencies of the Stillwater City Code City Attorney Magnuson explained there has been a complaint by visitors to the Good Samaritan care center on Owens Street that there isn't adequate parking due to the City's odd-even parking ordinance, especially after the roads have been cleared when there appears to be adequate open parking, but it is prohibited. He said it is recommended that this section of Owens Street be added to the list of areas exempt from the odd-even ordinance. Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the first reading of an ordinance amending Section 51-5, snow emergencies of the Stillwater City Code. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval to hire temporary seasonal Parkino Attendants and CSO - Police Department Chief Gannaway reviewed the request to hire one Community Service Officer (CSO), one parking enforcement officer and 4-6 parking attendants for the upcoming summer season. He stated that normally, the request is to hire two CSOs, but one position was cut in the budget process. He said one position is paid for by the Police Department, with the parking enforcement officer paid through the Downtown Parking Commission. He noted that CSOs handle many of the duties that regular officers handle during the winter months, freeing up officers to handled the increased call load in the summer. Mayor Harycki asked if the CSOs would be working with the new program that monitors the condition of homes in foreclosure; Chief Gannaway responded in the affirmative. He also spoke of the necessity of the parking attendants, also paid for through the Parking Commission's enterprise fund. Page 8 of 11 City Council Meeting February 17, 2009 Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the hiring of the temporary, seasonal parking attendants and CSO as requested: All in favor. Possible approval to hire temporary seasonal for Public Works Public Works Director Sanders reviewed the request to hire three seasonal employees. In the past, his department has typically hired eight seasonal employees. Primary functions of the seasonal employees, he said would be working in the parks and pothole patching; he noted the City has the ability to schedule seasonal workers to work on weekends for events in Teddy Bear Park and Washington Square resulting in a savings from having to pay overtime to full-time employees. On a question by Mayor Harycki, Mr. Sanders said reducing the number of seasonal employees may result in some changes to the weekly or bi-weekly schedule of maintenance. Councilmember Roush asked if the satellite facilities would be available as in the past; Mr. Sanders stated that service has not been cut at this point. Motion by Councilmember Polehna, seconded by Councilmember Cook to approve the hiring of three seasonal employees as requested. All in favor. Possible approval to hire/replace police officer Police Chief Gannaway reviewed a request to hire a replacement for a full-time officer who will be retiring March 1. He noted with the retirement, the complement of sworn officers will be 19 officers, down from 23 authorized officers. He said the current number of officers will affect staff levels especially in the coming summer months. He noted part-time licensed officers are not available to the City due to POST Board regulations; he also noted there will be a cost savings in hiring a full-time officer at entry-level pay to replace the retiring officer who is at the top of the pay scale. Mayor Harycki suggested there might be licensed officers willing to work on a part-time basis; he also noted there is a possibility that one of the officers currently on medical leave may return as early as May. Motion by Councilmember Gag, seconded by Councilmember Cook to table this request until the next Council meeting. All in favor. Community Development Department - Annual Report Community Development Director Turnblad presented the building inspection division and planning department's annual report. He noted the economy has affected the building inspection division in two ways: as expected, the number of new home starts has declined rather precipitously, but the number of building permits has actually increased in the residential sector due to remodeling projects. The report noted that the number of inspections per person is the highest than at any time in the building inspection division, but revenue generated is dropping. The report also highlighted the 2008 accomplishments for the building inspection division and the planning division. Page 9 of 11 City Council Meeting February 17, 2009 The report reviewed the number of cases before the Planning and Heritage Preservation Commission, and the types of cases. Mr. Turnblad briefly spoke to the increase in the number of demolition requests. Councilmember Cook spoke to the issue of demolition by neglect and asked whether there is any mechanism to deal with that issue. Mr. Turnblad noted the City does not have a housing maintenance code to deal with that issue. Mayor Harycki stated his concern regarding instances where demolition has knowingly occurred without permit and suggested the requirement of a performance bond might be of value; Councilmember Cook said she could bring up the issue with the Heritage Preservation Commission, as well as the issue of demolition by neglect. There was discussion of a housing code, the cost associated with enforcing such a code such as building inspection staff time. COUNCIL REQUEST ITEMS Mayor Harycki asked about the status of the solicitation of interest for lobbying services. City Administrator Hansen stated he expected to have more information for the next meeting. Mayor Harycki asked about the status of the bicycle race. Clerk Ward said she had sent a draft copy of the agreement to the Mayor and Councilmember Gag bye-mail. Mayor Harycki also asked that options regarding the four-plex on Wilkins Street be brought back to the Council. Mayor Harycki also asked for a closed meeting regarding options for a legal matter with a police officer; City Administrator Hansen suggested holding such a session prior to a 7:00 p.m. meeting. Councilmember Cook provided some photos of downtown Stillwater showing trash, cigarettes etc. She said she would like something done immediately to clean up the downtown. City Administrator Hansen suggested it likely will have to be a joint effort of property owners and the City and said the issue would be discussed at a staff meeting. The possibility of using a Sentence to Serve or Youth Service Bureau crew on a regular basis was suggested. Councilmember Roush asked that discussion of the light and sign fee be added to the next agenda. He also asked that the Park Board look at options/feasibility of adding trailhead signs. He also asked if there was any information about the dome/turf cleaning issue that had come to the Council's attention recently. Councilmember Polehna said he had talked with Recreation Center Manager Doug Brady and thought the issue had been satisfactorily resolved. . Councilmember Polehna asked if the outdoor ice rinks had been closed and, if so, suggested the lights should be shut off; Public Works Director Sanders said the rinks may be re-flooded depending on the weather. Page 10 of 11 City Council Meeting February 17, 2009 STAFF REPORTS (continued) Community Development Director Turnblad gave an update on the parking ramp project, noting that pile driving has started, and a process that should be completed within the next week. He said during the pile driving, they encountered better soil conditions than expected, which should result in some cost savings. ADJOURNMENT Motion by Councilmember Gag, seconded by Councilmember Cook to adjourn at 10:20 p.m. All in favor. ~ . r~ Michael Polehna, Vice Mayor :?It: . - '/ d Jtlu?Z Diane F. Ward, City Clerk - Resolution 2009-30, directing payment of bills Resolution 2009-31, resolution approving of CLG Grant application for Landmark Homes program Resolution 2009-32, reapportioning special assessments for subdivision of Parcel No. 21.030.20.24.0016 (1802 4th Street N) pursuant to subdivision of land Resolution 2009-33, resolution relating to financing of certain proposed projects to be undertaken by the City of Stillwater; establishing compliance with reimbursement bond regulations under the Internal Revenue Code Resolution 2009-34, approving the 2009 Service Agreement for water monitoring with the Washington Conservation District Resolution 2009-35, approval of Washington County Communications System Subscriber Agreement (800 MHz radio system) Resolution 2009-36, Certificate of Appreciation to Ronald N. Johnson Resolution 2009-37, approving traffic control changes Resolution 2009-38, resolution providing for the issuance and sale of $1 ,005,000 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009B and levying a tax for the payment thereof Resolution 2009-39, resolution providing for the issuance and sale of $1 ,420,000 General Obligation Sports Facility Revenue Refunding Bonds Series 2009C and levying a tax for the payment thereof Resolution 2009-40, resolution providing for the issuance and sale of $4,095,000 General Obligation Capital Outlay Bonds Refunding Bonds Series 2009D and levying a tax for the payment thereof. Resolution 2009-41, resolution receiving report and calling for hearing on 2009 Street Improvement Project (Project 2009-02) Page 11 of 11