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HomeMy WebLinkAbout2005-08-02 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-16 August 2, 2005 REGULAR MEETING Mayor Kimble called the meeting to order at 4:30 p.m. 4:30 P.M. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Dauffenbach Fire Chief Glaser Public Works Director Eckles Finance Director Harrison Administrative Secretary Moore Library Project Update Bill Hickey, president of the Stillwater Public Library Board of Trustees, was present with an update on the library construction project. Mr. Hickey said initial work has begun and includes protecting items such as art glass and the fireplace. Some demolition is beginning, along with some exterior restorative work. Councilmember Junker asked if the Fourth Street sidewalk would remain open during construction. Mr. Hickey said the Fourth Street walk would be open, but the Third Street sidewalk would be out of service for the bulk of the construction. Councilmember Milbrandt asked about the Heritage Preservation Commission's review of the redesign plans. Mr. Hickey said the HPC had reviewed the plans and offered some good suggestions. One of the changes is reducing the height of the parking garage, which enables the structure to be moved farther back into the hill, thus enabling the use of one retaining system instead of the previous step system, which will result in some cost savings. City Administrator Hansen asked for the construction draw schedule in order to ensure that cash is on hand for disbursement. Mr. Hickey said he would be sure that is provided. There was a question about the temporary location. Mr. Hickey said while the temporary location is constrained in some areas, patrons have been generally favorable. He said he thought the volume of business is pretty much unchanged. While there has been a loss of some pedestrian traffic, he said there has been an increase in new patrons from the western portion of the City. Councilmember Harycki congratulated the Board and City Council Meeting 05-14 August 2, 2005 contractor on doing a good job of communicating plans with the neighbors affected by the upcoming construction project. STAFF REPORTS Mayor Kimble thanked Police Chief Dauffenbach and his staff for their handling of the investigation into the July 30 hit-and-run accident that injured a 15-year-old boy. Chief Dauffenbach noted that a $10,000 reward is being offered for the arrest and conviction of the responsible party and asked for the public's assistance in the investigation. Fire Chief Glaser said he would be attending the Grant City Council meeting that evening. He said the Grant Council was expected to take action making the fire service boundary changes effective Sept. 1. He said he also expected the Grant Council to take action on its service contract with the Stillwater Fire Department that evening. Chief Glaser also gave a brief update on activity levels, saying his department has been very busy in recent weeks -the department responded to 173 calls in July. Public Works Director Eckles said the Council could expect to hear from a delegation of Long Lake residents who are not pleased with the operation of the water level control structure. He said he met with some of the concerned residents and advised them that if they want changes made, that is a decision of the Council. Mr. Eckles noted that some residents are happy with the current lake level. He said when residents were unable to reach a compromise on the desired lake level; the City was left with making the decision. He said the control structure was designed to afford 100-year flood event protection to all properties. The final design of the control structure has resulted in slightly lower lake levels than anticipated, especially in the recent dry spell, he said. Councilmember Milbrandt said it would be helpful to have an elevation chart available when the matter is discussed. Councilmember Polehna brought up the issue of silt, possibly from the Cub/Target development runoff, and resulting delta at the south end of the lake. Mr. Eckles noted that Brown's Creek Watershed District currently is undertaking a water quality study of Long Lake and said he hoped the Watershed District would solicit input from lake residents. City Administrator Hansen informed the Council that an emergency abatement order has been issued for the fire-damaged residence at Wilkins and Broadway. He also said staff and department heads have been working hard on next year's budget, but said there is still a long way to go. Councilmember Polehna asked that Public Works Director Eckles contact the president of the St. Croix Valley Hockey Association about the number and location of outdoor rinks, noting that it is anticipated the local association will have the largest group of Mites in the entire state. The 4:30 meeting was adjourned at 4:58 p.m. Page 2 of 8 City Council Meeting 05-14 August 2, 2005 RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Present: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Staff present:City Administrator Hansen City Attorney Magnuson Community Development Director Russell Public Works Director Eckles Police Chief Dauffenbach Administrative Secretary Moore APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Harycki, to approve the regular meeting minutes of July 19, 2005. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Adoption of Resolution for Certificate of Appreciation for Rod Hamble Mayor Kimble read the certificate of appreciation for Rod Hamble, who retired Aug. 8 after 30 years of service to the City. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve Resolution 2005-172 Certificate of Appreciation for Rod Hamble. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None OPEN FORUM Bruce Ehlers, 110 Lakeside Drive, appeared before the Council representing the Lakeside Harbor Association, which provides access to the St. Croix River for nine landlocked property owners. Mr. Ehlers said there is an issue regarding a storm water drain that was installed as part of the North Hill project that is causing a significant erosion problem and potential damage to the Association's docks. He showed photos of the area. Mr. Ehlers asked that the City take action to fix the drain problem and restore the property to its normal state prior to the erosion. Public Works Director Eckles assured Mr. Ehlers and the Council that the problem with the drain will be corrected and the catwalk to the docks repaired. However, he pointed out that any dredging is under control of the Corps of Engineers and the DNR. Mr. Ehlers said a large amount of silt had washed into the dock area and has had a significant affect on some of the slips; he said he thought some dredging will be required. Mr. Ehlers said the request is that the Page 3 of 8 City Council Meeting 05-14 August 2, 2005 City return the area to its state prior to erosion, nothing more and nothing less. Mr. Eckles said he would continue to work with Mr. Ehlers on the issue. CONSENT AGENDA Motion Councilmember Junker, seconded by Councilmember Milbrandt to approve the Consent Agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-167, directing payment of bills Resolution 2005-168, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located at Loggers, 231 E. Myrtle, Stillwater, MN Possible approval of payment for easement Possible approval of special event -Ascension Church -October 2, 2005 Possible approval of waiver of fees for Library Building Project Possible approval of permit to sell 3.2 malt liquor -Ball Tournament -August 5-7, 2005, applicant Brent Sharon Deed Restriction on Park Land Purchase (Available Tuesday) Resolution 2005-169, Approving Nationwide Retirement Solutions Loans to Participants Amendment to Plan UNFINISHED BUSINESS Update on Streetscape project -Chamber Joci Tilsen, chair of the Historic District Committee of the Greater Stillwater Chamber of Commerce, and Gail Pundsack, chair of the Chamber's Governmental Relations Committee, were present requesting Council approval of a trial streetscape project. The project would run during the closure of the lift bridge, from Aug. 1 to Oct. 31. Ms. Tilsen said the Chamber had contacted downtown businesses regarding their interest in participating in the project, 39 responses had been received -all favorable -- and 29 identified things they would like to do. Criteria for proposals included that a clear pedestrian walkway of at least 5' be maintained; that merchandise displayed be primarily for symbolic purposes, with no items for sale; and that any signage be in an attractive setting as part of a display or framed attractively, and not include the store name. Ms. Tilsen said the HPC had reviewed the proposal and given concept approval and suggested that more specifics be provided. A list of proposed activities and map indicating the participating businesses was provided. Proposals ranged from outdoor seating areas/benches and displays to interactive art activities to signage and lighting. Mr. Junker suggested that more specifics were needed on such items as signage and lighting. Ms. Tilsen said businesses were hesitant to develop real specific proposals without Council direction. And she noted that it might be too expensive to do a lot with lighting for just athree-month period. Regarding signage, Ms. Pundsack said part of the Page 4 of 8 City Council Meeting 05-14 August 2, 2005 criteria is that any signage be in an attractive setting and part of a display, and it was made clear that sandwich boards are not allowed. Councilmember Milbrandt also said he would like to see more specifics. He also expressed a concern about placing chairs and benches at one of the busiest intersections in downtown. Councilmember Polehna asked whether there would be standards to ensure a uniformity of look. Ms. Tilsen said the intent is to create a vibrant and vital streetscape. She noted this is a trial project; anything that doesn't work will be gone in three months and what works can be talked about after that time. The intent, she said, is to get an idea of what might work to enhance the streetscape and promote the downtown when a new bridge to constructed. Councilmember Milbrandt asked about the provision of a 5' clear walkway, noting that the City usually uses 8' as a guideline. It was noted that there are few places in the downtown that have 8' sidewalks, and there are a number of businesses that can't participate because of the inability to provide the required 5' clear walkway. Ms. Pundsack also pointed out that if a display or activity does create a public safety problem, that display or activity could be stopped or corrected. Mayor Kimble noted the proposal is for athree-month trial period and if Council approval is delayed, it might be too late to implement. Mayor Kimble suggested approving the trial project with the condition that specific plans be approved both by Community Development Director Russell and Police Chief Dauffenbach, with the provision an activity or display could be revoked if a public safety issue arises after it is implemented. Ms. Pundsack noted that some requests "stretch" certain City ordinances and said the Chamber would not like to go through the variance process. City Attorney Magnuson pointed out that the Council/City could temporarily suspend enforcement of the pertinent ordinances during the trial period. Mr. Junker asked whether additional proposals might be forthcoming. Ms. Pundsack said that is likely, as not all businesses have had time to develop plans. Any new plans, she said, would have to be approved by the Chamber and Historic District Committee, prior to being submitted to Mr. Russell and Chief Dauffenbach for approval. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to approve the streetscape trial project and to temporarily suspend enforcement of pertinent ordinances during the trial period, with the condition that proposals be reviewed and approved by the Community Development and Police departments and that proposals could be revoked if a public safety issue arises at a later date. All in favor. Possible final plat approval of Settler's Glen 8`h Addition Community Development Director Russell said the final plat includes some specific conditions regarding three lots, along with conditions regarding trails and landscape improvements. Councilmember Milbrandt noted that approval of the development agreement had been tabled and asked whether the City could be losing any control by approving the final plat before the development agreement. Mr. Russell said approval of Page 5 of 8 City Council Meeting 05-14 August 2, 2005 the final plat is primarily review of its consistency with the preliminary plat. City Attorney Magnuson also noted the final plat includes certain conditions, which provide the City with control. Councilmember Harycki asked about the condition relating to house color. Mr. Russell said it is unusual for the City to get involved in house color, but did so here due to the proximity of the three homes to the Brown's Creek Nature Area and trail. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2005-170 approving the final plat for Settler's Glen 8th Addition. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of addendum to developers agreement for Settler's Glen 8th Addition Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to table this matter on recommendation by staff. All in favor. 4th Street/Elm Street Ravine improvement costs and possible accepting of quotes and awarding contract Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, to table this matter on recommendation by staff. All in favor. McKusick Lake Water Quality Report Public Works Director Eckles introduced Rich Brasch of Bonestroo, Rosene, Anderlik who prepared the report, which was completed in response to residents' complaints regarding an algae bloom on the lake. Mr. Busch provided an overview of his report and used a number of aerial photos in his presentation. He noted that McKusick Lake is quite shallow averaging just under 4' in depth, a fact that in and of itself will result in vegetation growth, ideally rooted aquatic plants. He said when the Brown's Creek diversion project was considered; a study was done to try to predict the impact of that project on McKusick Lake. It was felt the diversion project would not harm the lake and possibly might improve the water quality. And, he said, the quality of the lake has indeed been improving since the project has been implemented. A key water quality indicator is the presence of phosphorus. For shallow lakes, like McKusick, a lake is considered impaired if phosphorus levels exceed 60 ppb. Prior to 2003 when the diversion project became operational, phosphorus levels were well above the impaired level. Since 2003, levels have been well below 60 ppb, he said. Water clarity also has increased since 2000. According to the study, this year's lake condition can be attributed to a climatic factor, specifically a very warm April when temperatures averaged 5 degrees above normal, along with water clarity that allowed adequate light to reach the bottom of the lake, thus starting the early algae growth. In addition to removing the overall flow of nutrients to the water system, management options include manual removal using a weed Page 6 of 8 City Council Meeting 05-14 August 2, 2005 harvester. Cost of the manual removal is about $8,000-$10,000, he said. Another option is chemical treatment. The disadvantage of chemical treatment, he said, is that the nutrients go right back into the system and decreases the lake oxygen content. Councilmember Milbrandt asked if the algae growth had peaked for this year. Ms. Busch responded in the affirmative. Councilmember Harycki noted that golf courses were exempt for the ban on phosphorus fertilizers and asked if that might be a factor. Mr. Busch said it depends on the course's turf management, noting that courses with good management practices have little or no nutrients in the runoff. Mr. Eckles suggested in his memo to the Council that staff and the consultant host an open house to explain the study results to interested residents. He noted that the management options do have costs and suggested the Council think about how much financial involvement the City should assume. He also noted there are numerous bodies of water in the City. Councilmembers liked the idea of holding an open house. Mayor Kimble suggested input would be helpful in making a decision about management options/financing. Councilmember Polehna suggested utilizing the City newsletter to educate citizens on the importance of good stewardship to protect the City's resources; he said he would be hesitant to fund harvesting McKusick without looking at all the City lakes. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to direct staff to schedule an open house to discuss the study results with residents. All in favor. Possible acceptance of bids and awarding contract for Boutwell Road Improvements Public Works Director Eckles informed the Council that the City had received very good bids for the Boutwell project. Four bids were received, all under the engineer's estimate of $740,000. Low bidder was Tower Asphalt at $602,000. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-171 awarding the bid for the Boutwell Road improvements to Tower Asphalt at a cost of $602,000. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None NEW BUSINESS Discussion on proposal for community survey Community Development Director Russell said pursuant to the Council discussion at its goal-setting session, he had contacted Readex about the possibility of conducting a community survey. Readex is a local firm, well qualified to conduct a survey, he said. Readex has submitted a preliminary proposal and cost estimate. The firm would work with staff and Council to develop the survey content, he said. There was a question Page 7 of 8 City Council Meeting 05-14 August 2, 2005 about the number of households to be surveyed. Mr. Russell said the proposal is to conduct a random survey of 2,000 households. City Administrator Hansen asked for some direction as to whether the survey should be limited to questions about potential capital improvement projects and possible sources of funding, as discussed at the goal- setting session, or more broad to include opinions about City services. It was consensus to take a more broad approach in developing the survey content. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to direct staff to proceed with developing a community survey. All in favor. STAFF REPORTS (continued) Police Chief Dauffenbach again asked anyone with information about the July 30 hit- and-run accident to contact the Police Department. He also reminded the public of the Aug. 8 auction of property room items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Milbrandt to adjourn at 8:30 p.m. All in favor. ATTEST: 't~ ~ ~~~ Larry D. Ha en, Acting City Clerk ... i ,Mayor Resolution 2005-167, directing payment of bills Resolution 2005-168, Approving Minnesota Premises Permit For Gambling For American Legion Post 491, located at Loggers, 231 E. Myrtle, Stillwater, MN Resolution 2005-169, Approving Nationwide Retirement Solutions Loans to Participants Amendment to Plan Resolution 2005-170, approving the final plat for Settler's Glen 8'h Addition Resolution 2005-171, awarding the bid for the Boutwell Road improvements to Tower Asphalt Resolution 2005-172, Certificate of Appreciation for Rod Hamble Page 8 of 8