HomeMy WebLinkAbout2009-02-17 CC MIN
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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
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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;
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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