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HomeMy WebLinkAbout2005-08-16 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-17 August 16, 2005 SPECIAL MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Absent: None Staff Present: City Administrator Hansen Finance Director Harrison Lynne Bertalmio, Library Director Police Chief Dauffenbach OTHER BUSINESS Budget Workshop with Police and Library Police Chief Dauffenbach provided an overview of Police Department operations and reviewed the proposed budgets for the Police Department, Parking and Civil Defense. Library Director Bertalmio reviewed the proposed budget for the Library. Mayor Kimble adjourned the Special Meeting at 6:05 p.m. REGULAR MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. , Present: Councilmembers Polehna, Milbrandt, Harycki, Junker and Mayor Kimble Absent: None Staff Present City Administrator Hansen Finance Director Harrison City Attorney Magnuson Fire Chief Glaser Public Works Director Eckles Community Development Director Russell City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the minutes of Aug. 2, 2005, Regular and Recessed meeting minutes. All in favor. City Council Meeting - 05-15 August 16, 2005 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Present and Adopt Resolution for Certificate of Appreciation for Darwin "Duke" Wald Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-177, awarding a Certificate of Appreciation to Darwin "Duke" Wald. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Mayor Kimble read the Certificate of Appreciation and thanked Mr. Wald for his service on the Planning Commission from September 1991 to September 2005. Mr. Wald was present to accept the Certificate. Lonq Lake Low Water Elevation Issues -Don McKenzie Public Works Director Eckles introduced the discussion by giving a brief history of the issues related to the Long Lake water elevation. He said there had been periodic high water conditions through the mid-1990s. In 1995, the City undertook a study to come up with a solution to the high water conditions. Because the water from Long Lake discharges into Brown's Creek, a protected trout stream, the DNR has specific conditions regarding how and when the water discharges downstream. The City contracted with SEH for studies in 1997 and then completed its AUAR study in 1997. Also the Brown's Creek Watershed District came into being and did hydrological studies of the lake to try to model appropriate lake level elevations based on full development of the watershed district, elevations that would provide flood protection for Lakeshore properties. All of the studies/models suggested an elevation of 889 feet, he said. Some people felt that an elevation of 889 would impact recreational opportunities. In 2003, a lake area advisory group formed to come up with a compromise that would protect Lakeshore properties as well as protect wildlife and maximize recreational opportunities. The advisory group was unable to come up with a compromise, he said, and the final decision regarding the lake level elevation was left to the City. The decision was made to set the elevation at 890 feet, about a foot higher than the modeling assumptions based on full development. A letter was sent to homeowners in October 2003 providing information as to what they might expect for lake levels; no promises were made, he said. After October 2003, there were a number of discussions with the DNR, Brown's Creek Watershed District, engineers and staff. A whole series of modeling events were looked at that would provide 100-year event protection to all affected property owners. With 100-year protection there could still be significant storm events, such as the storm of 1987, where some properties could have water in the basements. As a result, the level of the weir was lowered about 2 inches, he said. Perhaps the modeling overestimated the daily average water level. That, coupled with this summer's hot weather pattern and water evaporation rates, has resulted in a lake level of about 6 inches lower than some folks were hoping for, he concluded. Don McKenzie, 12620 72nd St. N., addressed the Council. He said he along with Jim Ehrhart and Joe Arndt did a sampling of Lakeshore property owners regarding the Page2of9 City Council Meeting - 05-15 August 16, 2005 current lake level. Major issues of concern, he said, were the poor navigability of the lake due to the low water level and poor shoreline aesthetics. A list of signatures of residents asking that the weir at 72~d Street be modified was provided and included in the agenda packet. He said residents are not asking that the lake level be raised beyond what residents thought was the compromise level set by the City. The bottom line, he said, is that the new weir is not controlling the lake to the level residents expected. According to the October 2003 letter sent to property owners, also included in the packet, the proposed control elevation of 890 feet would yield an average summer elevation of 890.2-890.3, essentially unchanged from what it has been in previous years. Another document stated lake levels at or above 890.0 feet are expected to occur, on average, 67 percent of the time during the recreational season -May 1 to Sept. 15. However, Mr. McKenzie said the new control system, which includes a V notch, allows for continuous outflow and the average lake elevation has dropped to 889.37, he said, one foot below what was stated. Regarding the concern for flood protection, Mr. McKenzie's material indicated that the lowest basement elevation, the Ehrhart residence on Marine Circle, is 894.19 and that basement has never flooded due to lake levels, a statement confirmed by Mr. Ehrhart. The request, Mr. McKenzie said, is to modify the weir to provide the lake elevation that the Council approved and was promised to the lakeshore owners. He said one option would be to plug the V slot in the weir or to raise the weir and slot at least one foot to allow the water level to reach the planned average level and still provide continuous water outflow for downstream habitat. Mr. Eckles responded that the idea of some type of notch system was discussed many times. The slot allows a continuous outflow of a minor amount of water to replenish the wetlands and creek system downstream. Without any notch, the result is a "flashy" system, and a tidal wave downstream every time it rains. He also noted that the 889 level is what is needed to provide spring snowmelt protection, which he said is more critical than a 100-year storm event. He also noted that all of the modeling assumes full development in the watershed district and that has not occurred yet. Councilmember Milbrandt noted that the weir was dropped 2 inches in the process of the final tweaking of the system and the V goes down another 11 inches, resulting in a 13-inch potential spread from the residents perceptions/expectations. Several council members asked about the possibility of plugging the V notch as a temporary measure to see what happens to the lake elevation. Mr. Eckles responded that would not be possible without the approval of the various permitting agencies as those agencies' approval was based on a certain set of plans and specifications. City Administrator Hansen said the City could talk to the various agencies if that is the Council's wish. Councilmember Polehna said he thought Brown's Creek Watershed District should be involved, rather than the City assuming all the responsibility. Councilmember Polehna also said he thought other issues with Long Lake ought to be addressed, issues such as silting at the south end of the lake and the presence of goldfish. Page 3 of 9 City Council Meeting - 05-15 August 16, 2005 Kay Peterson, 7130 Mid Oaks, asked to address the Council before the Council took any action. She read a letter expressing appreciation for the new weir system. She said the system is working well and she and her husband would not favor any change. She said the V notch is vital to the total design and any changes would violate the DNR and Brown's Creek Watershed District permits. She said boats have been navigating the lake all summer. And she suggested that changing the lake elevation to provide a little more ease of navigation for a few people is frivolous compared with providing flood protection for all residents. She concluded by asking that no changes be made to the new outlet and noted that many residents potentially affected by any change were unable to attend the meeting. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to direct staff to check with the various permitting agencies to see what the City can or cannot do via the existing permit and to explore options available to the City and to have Mr. Eckles met with Mr. McKenzie to agree on elevation figures. All in favor. Mayor Kimble recessed the meeting at 8:25 p.m. Mayor Kimble reconvened the meeting at 8:35 p.m. OPEN FORUM Bruce Ehlers, 110 Lakeside Drive, representing the Lakeview Harbor Association, asked that Public Works Director Eckles provide him with an update, via a-mail, as to any progress being made to correct previously raised concerns about the erosion problems being caused by storm sewer drainage that is impacting the Harbor Association's docks. Mr. Eckles said work is going forward to address the problem and said he would provide Mr. Ehlers with the requested update. STAFF REPORTS Fire Chief Glaser reported that the Grant City Council at its Aug. 2 meeting formally changed the fire service boundaries effective Sept. 1 and also took action approving the service contract with the Stillwater Department for the next three years. Public Works Director Eckles reported that the public meeting to explain the results of the McKusick Lake water quality study was scheduled to take place at 6:30 p.m. Aug. 24 at City Hall; all interested residents were invited to attend, he said. Councilmember Milbrandt asked that Public Access Channels be contacted to see if it would be possible to tape the meeting for airing on the local Access Channel. Mr. Eckles also noted that a meeting was scheduled for 7 p.m. Aug. 17 to discuss playground design options for Schulenberg Park. Councilmember Harycki said he had not been notified of the meeting and asked about the notification process. Community Development Director Russell said he would check into that matter. Mr. Eckles said a decision had been reached on the type of play structure to be installed at the Settler's Glen Park. He said the developer would reimburse the City for $42,500 of the $43,500 cost for the structure. He said staff would like to move forward with the Page 4 of 9 City Council Meeting - 05-15 August 16, 2005 purchase and installation of the equipment. Councilmember Milbrandt asked if the Park Board had reviewed the plans. Mr. Russell explained that the Park Board had reviewed the park design but not the specific equipment. Motion by Councilmember Harycki, seconded by Councilmember Polehna, to authorize proceeding with the purchase of the play structure for Settler's Glen Park. All in favor. CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to approve the Consent Agenda. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-173, directing payment of bills Resolution 2005-174, approval of contract with Century College for Police Department Training Possible approval of installation of banner - St. Michael's Church -Merry Mall - October 21-November 13, 2005 Possible approval of installation of banner -Christmas at the Historic Courthouse - November 4-21, 2005 Possible approval of installation of banner -Valley Chamber Chorale -November 21 2005 -December 11, 2005 Possible approval of installation of banner -Valley Chamber Choral -January 20- February 12, 2006. Possible approval of installation of banner -Stillwater Bridal Affair -Historic Court House -February 10-27, 2006 Possible approval of installation of banner -Valley Chamber Chorale -April 14-30, 2006 Possible approval of installation of banner -America's Walk for Diabetes -September 9-October 2, 2005. Possible approval of special event request -Trinity Lutheran Church -Family Fun/Run/VValk -Saturday, September 17, 2005 Request to purchase cash register terminal - St. Croix Valley Recreation Center Request to purchase play equipment for the park in the Settler's Glen Development Request to purchase four Minitor V radio pagers -Fire Department Resolution 2005-175, approving Agreement with CBIZ Benefits & Insurance Services, Inc. Resolution 2005-176, approving land surveyor's certificate of correction to plat PUBLIC HEARINGS This is the date and time for a public hearing to consider a new On Sale and Sunday liquor license for Lumberjacks of Stillwater Inc., DBA: The Old Sawmill Grill and Bar located at 1820 Market Drive, Stillwater, MN, applicant Chad Decosse Page 5 of 9 City Council Meeting - 05-15 August 16, 2005 Mayor Kimble referred to Clerk Ward's memo that the issuance of the license is subject to the pertinent background checks and required State approvals. Mayor Kimble opened the public hearing. No comments were received, and the hearing was closed. Councilmember Junker asked for clarification of the prior issuance of a license for the location in question. City Attorney Magnuson said the license was approved but never issued to Pony Sports Bar due to a problem with asub-lease for the location. The owner of the building has consented to a lease with this applicant, he said. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adopt Resolution 2005-178, Approving Transfer of Ownership of On-Sale and Sunday License from Ponies Sports Bar & Grill, Inc., DBA: Ponies Sports Bar & Grill to Lumberjacks of Stillwater, Inc., DBA: The Old Sawmill Grill & Bar Ayes: Councilmembers Harycki, Junker, Milbrandt and Polehna and Mayor Kimble Nays: None UNFINISHED BUSINESS Possible approval of addendum to developers agreements for Settler's Glen 7th and Stn Addition (tabled from August 2"d meeting) City Attorney Magnuson said the addendum had been e-mailed to the developer. Jay Liberacki, representing the developer, said the agreement had been received and signed. Motion by Councilmember Junker, seconded by Councilmember Polehna, to ado~t Resolution 2005-179, approval of Addendum to Developers Agreements for Settler's Glen 7t and Stn Additions Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None 4th Street/Elm Street Ravine improvement costs and possible accepting of quotes and awarding contract (tabled from August 2" meeting) Public Works Director Eckles said quotes for the improvements/repairs were quite good. The low bid was $29,150, while a cost of about $40,000 had been anticipated. He noted the quote does not include needed restoration work, such as seeding; that will be bid separately, he said. Motion by Councilmember Junker, seconded by Councilmember Harycki, to adopt Resolution 2005-180, Accepting Quotes and Awarding Contract for 4th and Hickory Storm Sewer Repairs (Project 2005-04). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Page 6 of 9 City Council Meeting - 05-15 August 16, 2005 NEW BUSINESS Possible approval of Development Agreement for Meadowview Ridge City Attorney Magnuson said the agreement is needed because the developers must undertake some road construction. He said both Public Works Director Eckles and Community Development Director Russell had reviewed the agreement. Councilmember Milbrandt questioned the amount of required park dedication. Mr. Russell noted that the second draft provides for a park dedication fee of $3,800 per lot, not $3,800 for the entire development. Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adopt Resolution 2005-181, approval of Developers Agreement for Meadowview Ridge. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of resolutions Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessments for 2005 Street Improvement Project, Pine Street Rehabilitation Project, and Boutwell Road Improvement Project Motion Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-182, resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for 2005 Street Improvements (Project No. 2005-02). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble. Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Junker, to adopt Resolution 2005-183, Resolution Declaring Costs to be Assessed and Ordering the Preparation of Proposed Assessment for Pine Street Concrete Rehabilitation Project (Project No. 2003-14) Ayes; Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to adopt Resolution 2005-184, resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for Boutwell Road Improvements (Project No. 2005-05) Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of Resolutions Calling for Assessment Hearing for 2005 Street Improvement Project, Pine Street Rehabilitation Protect, and Boutwell Road Improvement Protect Page 7 of 9 City Council Meeting - 05-15 August 16, 2005 Motion by Councilmember Milbrandt, seconded by Councilmember Harycki, adopt Resolution 2005-185, resolution Calling for Hearing on Proposed Assessment for 2005 Street Improvement Project (Project 2005-02). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2005-186, resolution Calling for Hearing on Proposed Assessment for Pine Street Concrete Rehabilitation Project (Project 2003-14). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Motion by Councilmember Junker, seconded by Councilmember Milbrandt, to adopt Resolution 2005-187, resolution Calling for Hearing on Proposed Assessment for Boutwell Road Improvement Project (Project 2005-05). Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of variance extension for 504 West Olive Councilmember Milbrandt suggested that a condition be added that the new owner present any proposed changes in plans. Motion by Councilmember Harycki, seconded by Councilmember Junker, to adopt Resolution 2005-188, approval of Variance Extension for 504 West Olive with condition. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Junker commended staff - Mr. Eckles, Tim Moore and Shawn Sanders -- on the repair work completed in the South Fifth and South Sixth Street project areas. Councilmember Polehna asked when the second lift would be completed; Mr. Eckles said that would likely be done before winter. Councilmember Harycki said he had received a call from a resident inquiring about the City obtaining larger recycling bins. City Administrator Hansen responded that staff is working on that issue. Page 8 of 9 City Council Meeting - 05-15 ADJOURNMENT August 16, 2005 Motion by Councilmember Junker, seconded by Councilmember Harycki, to adjourn at 9:03 p.m. ATTEST: Diane F. Ward, City Clerk J `. i e, Mayo Resolution 2005-173, directing payment of bills Resolution 2005-174, approval of contract with Century College for Police Department Training Resolution 2005-175, approving Agreement with CBIZ Benefits & Insurance Services, Inc. Resolution 2005-176, approving land surveyor's certificate of correction to plat Resolution 2005-177, awarding a Certificate of Appreciation to Darwin "Duke" Wald. Resolution 2005-178, Approving Transfer of Ownership of On-Sale and Sunday License from Ponies Sports Bar & Grill, Inc., DBA: Ponies Sports Bar & Grill to Lumberjacks of Stillwater, Inc., DBA: The Old Sawmill Grill & Bar Resolution 2005-179, approval of Addendum to Developers Agreements for Settler's Glen 7th and 8th Additions Resolution 2005-180, Accepting Quotes and Awarding Contract for Ott' and Hickory Storm Sewer Repairs (Project 2005-04) Resolution 2005-181, approval of Developers Agreement for Meadowview Ridge Resolution 2005-182, Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for 2005 Street Improvements (Project No. 2005- 02) Resolution 2005-183, Resolution Declaring Costs to be Assessed and Ordering the Preparation of Proposed Assessment for Pine Street Concrete Rehabilitation Project (Project No. 2003-14) Resolution 2005-184, Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessment for Boutwell Road Improvements (Project No. 2005-05) Resolution 2005-185, Resolution Calling for Hearing on Proposed Assessment for 2005 Street Improvement Project (Project 2005-02) Resolution 2005-186, Resolution Calling for Hearing on Proposed Assessment for Pine Street Concrete Rehabilitation Project (Project 2003-14) Resolution 2005-187, Resolution Calling for Hearing on Proposed Assessment for Boutwell Road Improvement Project (Project 2005-05) Resolution 2005-188, approval of Variance Extension for 504 West Olive Page 9 of 9