Loading...
HomeMy WebLinkAbout2003-10-28 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 03-23 Council Chambers, 216 North Fourth Street October 28, 2003 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Community Development Director Russell City Clerk Ward STAFF REPORTS Community Development Director Russell requested that Item 3, New Business - Request for additional funding for Downtown Plan be addressed due to the possible length of the 7:00 meeting. Community Development Director Russell provided an update on the Downtown Plan. He requested an additional $6,000 to further evaluate the concept plan for the Water Street plaza. He stated that the various boards/commissions will be reviewing the preferred Downtown Plan in November and then present to Council for review and approval in December. Motion by Council member Rheinberger, seconded by Councilmember Junker to adopt Resolution 2003-231, approval of scope work addendum with Short, Elliott, and Hendrickson, with the cost not to exceed $6,000. All in favor. Ayes: Council member Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Public Works Director Eckles provided an overview of the Long Lake Report to Council. Mayor Kimble requested that the Engineering Department take a look at paving Midoaks. City Council Meeting - 03-23 October 28,2003 Mayor Kimble recessed the meeting at 5:20 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. He explained that because of the School District Election Council scheduled this meeting as their first regular meeting in November. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Director of Administration Knauss Police Chief Dauffenbach Public Works Director Eckles City Attorney Magnuson Fire Chief Kallestad Community Development Director Russell City Clerk Ward PLEDGE OF AllEGIANCE In observance of Veterans Day, November 11, Community Development Director Russell led the Pledge of Allegiance APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the October 21,2003 special and regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Buckthorn Removal - Public Awareness - Jane Klein Ms. Jane Klein, Washington County Master Gardener and Tree Care Advisor for the University of Minnesota Extension Service provided an educational presentation on Bucktorn and its removal. Reconsideration of Smokina Policy in City Parks - Pat Galliaher. Sue Hedlund. Paulette Swanson Ms. Sue Hedlund, Ms. Paulette Swanson, and Ms. Pat Galligher provided information regarding their request to adopt a smoking policy in the City's parks. Council member Rheinberger provided his scenarios regarding the smoking policy and stated that he is not supportive of a policy prohibiting smoking in the parks. Page 2 of 9 City Council Meeting - 03-23 October 28,2003 Councilmember Junker stated that this is not a policy that could be enforced. Councilmember Milbrandt stated that he was not in favor of this policy because it is not something that government should legislate. No action was taken by the Council, therefore no smoking policy is not implemented. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Council member Kriesel to approve the Consent Agenda. All in favor. Ayes: Councilmember Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2003-228, directing payment of bills Resolution 2003-229, reapportioning special assessments for 402 South Main & 207 East Nelson pursuant to subdivision of land (207 E. Nelson and 402 S. Main) Request for installation of Banner - Christmas at the Courthouse - November 7-24,2003 UNFINISHED BUSINESS Report on Old Athletic Field City Attorney Magnuson provided a report on the history of the Old Athletic Field. He stated that the School District owns the property and would not revert back to the City should the district wish to sell the property. Mayor Kimble asked City Attorney Magnuson if the City could make a token payment to the school district from the City for first right of refusal. City Attorney Magnuson said that could be possible. Councilmember Rheinberger requested that City Administrator Hansen meet with School District Officials regarding the first right of refusal. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt directing City Administrator Hanson to negotiate with the School District on the Old Athletic Field. All in favor. Mayor Kimble recessed the meeting at 8:05 p.m. Mayor Kimble reconvened the meeting at 8:15 p.m. Page 3 of 9 City Council Meeting - 03-23 October 28,2003 NEW BUSINESS Terra Springs TI F City Attorney Magnuson reviewed the tax increment financing for the Terra Springs project. Motion by Councilmember Rheinberger, seconded by Council member Kriesel to adopt Resolution 2003-230, resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a taxable tax increment revenue note (Territorial Springs, LLC project), Series 2003, in an original aggregate principal amount not to exceed $3,500,000 Lona Lake Report Public Works Director Eckles stated that over the course of the last three months staff has been working with Bonestroo Engineering to complete a recommended management plan for Long Lake and that part of this process included working with a task force of interested lakeshore owners. He stated that the biggest issue affecting all of the interests on the lake concerns the operational elevation of the lake. He reviewed that the property owners along the eastern shore of the lake that have periodically been affected by high water were most concerned about potential flooding, property damage and persistent high water conditions and that other property owners were concerned about reduced recreational opportunities, emergent plant growth, and aesthetics associated with reducing the lake level. He stated that to provide technical support for an engineered solution, the City worked in cooperation with Brown's Creek Watershed District to model various control elevation options. He stated that the advisory group was unsuccessful in reaching any kind of consensus concerning the lake elevation so the management recommendations center on trying to balance recreational and aesthetics issues with the ultimate goal of reducing potential property damage. He stated that the report meets the objectives by providing flood protection as well as providing recreational aspects, and protect Browns Creeks as proposed in the AUAR. Sheri Buss, Bonestoo, provided a presentation to Council and stated that the management report recommends a control elevation of 890.0. This will yield a summer time average elevation of about 890.2, which is within about two inches of the summer time average experienced over the last 20-30 years. She stated with the proposed pipe and channel improvements and the proposed operational elevation, the lake can be operated to provide protection from 1 OO-year flood events as well as provide one foot of free board above the 1 OO-year flood elevation for all homes on the lake. She stated that the lowest basement elevation along the lake is at 893.5 and that under this management option the 1 OO-year storm high water condition will be 892.5. This 100- year storm plus one foot of free board is the standard used throughout the country by FEMA and was used by the City up until recently, which is also the flood protection level that was anticipated by property owners living on the lakeshore. She also reviewed the proposed project. Page 4 of 9 City Council Meeting - 03-23 October 28, 2003 Councilmember Kriesel asked what was the current level of the lake. Ms. Helen Miller stated that it was 889.6. Ms. Buss stated that the level of the lake now is a result of the drought this summer. Council member Kriesel asked what the duration of the bounce would be on a 100 year flood event. Public Works Director Eckles stated that with the management plan it would be approximately 5 days. Ms. Buss stated that currently it take approximately two weeks to clear out from a 100 year storm. Council member Rheinberger asked if there has actually been flooding in the homes. Mr. Eckles stated that the Pizinger home was actually flooded and that is why this issue was started in the 1970s. Mayor Kimble respectfully informed the audience that a public hearing is not required for this project, however Council would hear public comments on the Long Lake Management Report. Craig Leiser, Browns Creek Watershed District, informed the Council that its business and operations plan presented to the County Board states that the BCWD would develop a plan that is technically feasible and financially responsible for maximum retention and infiltration of water that comes into Long Lake from the south and would cooperate with the City to develop and implement a management plan for Long Lake, which includes flood protection and recreational uses for adjacent residents. He stated that once the elevation is determined the watershed district wants to work with the City to improve the water quality and dredging the southerly end of the lake. He stated that it is a worthy project. Bob Matthews, 3041 Marine Circle, stated that his concerns are the flood level and doing something to stop the runoff coming into the lake. Don Peterson, 7130 Mid Oaks Avenue, provided photographs of the lake and felt the City could save money by using the 889 elevation as stated in the DNR permit of 1976. He stated that he would not have built their home if the lake was not going to be maintained at 889. Laurie Maher, 3018 Marine Circle, expressed concern on the raising of the elevation of the lake. She stated that the permit indicates that the weir could be opened when the Page 50f9 City Council Meeting - 03-23 October 28, 2003 air is 65 degrees. She felt that even though modeling was done on the lake, no one can understand what the lake does unless you live on the lake. Dave Fabio, 2946 Marine Circle, stated that when he moved in 1981 the lake level was 889 and that he was assured by the City that the lake would stay at that level which it did until the Stillwater Market Place was developed. He stated that the lake is a wildlife lake. He also stated that lakes establish a water table and generally the water table level is not the level of the lake, and that the one foot of free board is probably located at the water table level, that the State is looking to increase this so that amount is wrong and requested that this be considered in the decision. Helen Miller, 2962 Marine Circle, stated that her family has lived on the lake for over 20 years and knows what the lake is possible of doing. She stated that she doesn't believe setting the lake level at 890.0 would provide adequate protection and asked to set the level at 889 to provide more protection. She was confused why there is a difference for some homes to have one foot of free board and others have three feet of freeboard. She requested more protection for the homes. Mr. Eckles explained the Federal Emergency Management Association (FEMA) has set the standard on one foot of free board, that is widely used across the United States. He stated that sometimes this is not practical, such as on a small pond, so the free board was increased, and for environmental reasons to keep more separation from buildings and lakes, or additional flood protection. The new standard is for new construction of homes. He also stated that the discussion is the balance of protection with the values of aesthetics and recreation and that the plans provide better protection than was planned in 1976. Daniel McKeown, 3330 Heritage Court, stated he was part of the task force and that he was one of the people that proposed a compromise of 890.5 and still feels that should be the lake level instead of 890. He stated that flood protection was an issue, and that drawing down the lake in approximately 5 days instead of 14 days, which is much better than the lake is today. He stated he agrees with the management of the lake and the objectives, but not the proposed level of the lake. Ned Gordon, 2971 Marine Circle, stated that the question really is what is the purpose of raising the lake and if you look into it, the purpose is to enhance the recreational opportunities on the lake. He felt that the raising of the lake would only benefit a small number of people and would not benefit the community because there is no public access. He asked that Council look past the numbers and look at why this is being proposed in the first place. He asked Council to inform the Council of the procedural process after the decision is made. Don McKenzie, a resident on Long Lake since 1970s. He felt the issue is getting boats off the lake, which is not the focus of the report. The report was to achieve the objectives of the technical advisory committee. He felt it was important for the City to work with the Pizingers to protect their home. He recalled a concern in 1997 that with Page 6 of 9 City Council Meeting - 03-23 October 28, 2003 Legends and Liberty there would be approximately 400 boats on the lake, he stated that there is only one from Legends and Liberty. He felt that the level should be at 890.8. Richard Huelsman, 12610 62nd, requested that an additional item be considered in the report which was the 2nd delta at the south end of the lake and was not mentioned in the report. He felt modeling for the 890 level be modeled to show the effects of that level. He provided a history of lowering McKusick Lake and that when it became detrimental, the City had to spend an enormous amount of money to raise McKusick Lake two feet. He felt that the 890 level is lowering Long Lake from the average of 890.5 and requested that the lake be at 890.8 which was the proposed compromise. Kay Peterson, 1730 Mid Oaks Avenue, representing the east side of Long Lake felt that the level proposed is based on the recreational use of the lake. She stated that she has not gotten use to the level of the lake, she's had to live with it, knowing that there was a recommendation coming that would help the problem. Dave Bunsak, 140 Northland, asked if the two ponds and a creek will be dredged and if it would allow the use of canoes through this area. Ms. Buss stated that the goal is to increase the area to one large wetland. Mr. Eckles stated that DNR permission would be required to do the work, but that it would be possible to float from 72nd Street up to County Road 12. Robert Kroening, 1284 72nd Street N, reviewed the DNR permit issued in 1976. He stated that the maintenance of the structure was not followed through. He recommended that the City follow the permit and not change it. Craig Leiser, BCWD, stated that when the decision is made the BCWD can do another modeling. He also stated that modeling that has been done is based on single events. He stated that the modeling for multiple storms in sequence has not been done yet. Councilmember Rheinberger spoke in favor for the recommended level in the report because he wants to see Long Lake as a lake and not regress to a swamp, sufficient recreation within it, felt the plan gave statistical protection for 100 year storm plus one foot of freeboard and that the plan will improve lake drainage from 14 days to 5 days after an event. Council member Kriesel asked about drainage easements and liabilities. City Attorney Magnuson stated that the DNR determined the Ordinary High Water Level at 891.5 and the 1 OO-year flood level at 893.5 and the recommendation is 1.5 feet below the high water mark. He stated that homes were built closer than they should be with the high water level was determined. He felt the City would not have a liability setting the level at 890. Page 7 of 9 City Council Meeting - 03-23 October 28, 2003 Mr. Eckles stated that the next step would be to set the level and get input from the BCWD and comments from DNR. He stated that moving ahead the City could do some of the work this winter. Council member Junker stated that he is in favor of the proposed level of the lake because it will address the flooding issues and provide recreational opportunities. He stated that the level has been consistent over the last 10-15 years and felt that this is a figure Council should accept. Council member Kriesel agreed with Council member Junker and views this as a lowering from the current level and that the control measures will adequately protect everyone involved. Mr. Gordon asked if there will be a public hearing on this report in the future. Mayor Kimble explained that a public hearing is not required for this issue, but that he just provided an opportunity for public input. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to adopt Resolution 2003-232, accept report and authorize preparation of plans & specifications for the Long Lake Management Project (Project 2003-15) and incorporate the 2nd silt delta into the work, forward the report to the DNR and Browns Creek Watershed District. All in favor. Request for additional fundinQ for update on Downtown Plan Discussed at the 4:30 meeting. ADJOURNMENT Motion by Council member Rheinberger, seconded by Councilmember Junker to adjorn at 10:05 p.m. $~ ATTEST: ~~ ~ W~cL Diane F. Ward, City Clerk Page 8 of 9 City Council Meeting - 03-23 October 28, 2003 Resolution 2003-230, resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of a taxable tax increment revenue note (Territorial Springs, LLC project), Series 2003, in an original aggregate principal amount not to exceed $3,500,000 Resolution 2003-231, approval of scope work addendum with Short, Elliott, and Hendrickson Resolution 2003-232, accept report and authorize preparation of plans & specifications for the Long Lake Management Project (Project 2003-15) Page 9 of 9