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HomeMy WebLinkAbout2005-11-01 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 05-23 November 1, 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 Public Works Director Eckles Administrative Secretary Moore OTHER BUSINESS Library Project Update Bill Hickey, President of the Library Board of Trustees, gave an update on the library construction/renovation project. He said work is continuing, nearly on schedule. The stabilization of the interior of the library has been completed. On Nov. 7, footings will begin to be poured, continuing for about two weeks. No additional expenditures have been authorized since the last update. Bidding is continuing and continues to be pretty much on target. He said a meeting with neighbors was scheduled for later in the evening to keep them updated on the project. Councilmember Polehna asked about winter heating. Mr. Hickey noted the change to precast eliminates the need for much of the tenting and winter heating, saving about one-quarter of a million dollars... Councilmember Harycki asked when the public might expect to see the shell of the new building go up; Mr. Hickey said typically there is a delay of about 28 days after footings are poured before loading begins. He said pieces should start going up later in November. Workshop on Long Lake Don McKenzie, spokesperson for those in favor of a higher lake elevation, pointed out that Long Lake has been subject to the DNR permit for 30 yeas; the permit sets the lake level at 889 from October through April and at 891.4 from May through September. He also noted that according to DNR data, the highest lake level recorded was 892.65; the average lake level has been 890.45 from 1976 through 2004, and the ordinary high water level is 891.5. He also stated that no homes have been flooded due to lake levels. It was noted that in October 2003, the City Council voted unanimously to approve the 890 elevation, controllable to 889 during the winter months, as recommended by the Brown's Creek Watershed District study, City staff and its consulting firm of Bonestroo. City Council Meeting - 05-21 November 1, 2005 The issue, he said, is that the weir constructed in 2004 is neither at 890 feet nor controllable to 889; the lowest lake level ever recorded occurred in July 2005. The request, he summarized, is to modify the weir system to comply with the October 2003 Council approval for the 890 elevation, controllable to 889 in the winter, as recommended by the BCWD, consultants and City staff. Mr. McKenzie reviewed the five goals outlined in the City's Long Lake plan. He pointed out that in October 2003, lakeshore residents were notified by the City of the adopted 890 foot control, which would result in average lake levels of 890.2-890.3. Mr. McKenzie highlighted the issues for the group he represents: the new system fails to meet the elevations approved by the City Council and what was recommended by the BCWD; fails to meet lakeshore owners' expectations as set forth in the October 2003 letter; and fails to meet three of the five goals for Long Lake. The request, he said is that the City modifies the weir system to comply with the 2003 Council approval as recommended by BCWD and the City's consultants. He also requested that the City develop a plan to address the silt deltas in the Lake and include Long Lake in the City's new weed management program. Carol Parendo, 2938 Marine Circle, spoke on behalf of those residents in favor of maintaining the current system. She said the flooding problem is a very real one and showed slides of her property to illustrate the impact. She said the petition for modifying the weir system contains several inaccuracies, specifically the statement that the average lake level elevation is 889.37; she said the average elevation is actually quite a bit higher - 889.81. She stated that the primary number for consideration is the 100- yearflood event protection. She noted the project is not even complete at this time and questioned making any adjustments to the system until it is complete. She also spoke of the draw-down time and noted that following a 10-year storm event this summer, the drawn-down time was nearly two weeks. She said one summer does not indicate what an average elevation will be. She called for the completion of the project before any adjustments are considered. She also noted that the Watershed District has called for a two-year evaluation of the new weir system. Sherri Buss, Bonestroo, addressed two issues -the AUAR, the document the City adopted to manage surface water, including Long Lake -and the advisory committee process that led to the eventual design of the outlet and discussion of lake levels. The AUAR, adopted in 1997, established the storm water management system and requirements for the entire annexation area, including Long Lake. All of the natural resource agencies, as well as some residents and developers were part of that process. The AUAR stated Long Lake could be controlled at about 889 or at about 890, either one would work to protect Brown's Creek and downstream resources. However, she noted that there were some advantages to control the lake at 889, both from the engineering standpoint and from an ecological standpoint. After adoption of the AUAR, a feasibility study was undertaken; the feasibility study recommended the lake be controlled at 889 due to the advantage of minimizing flooding, protecting properties and the ecological health of that lake. After completion of the feasibility study, the system was constructed, and the system worked. After construction of the downstream system, the DNR said it was willing to entertain a request from the City regarding the long-term elevation of the lake. Understanding the variety of interests involved with the lake Page 2 of 9 City Council Meeting - 05-21 November 1, 2005 elevation, City staff recommended the formation of an advisory committee in an effort to come to a consensus regarding the lake elevation; after four meetings, the advisory group was deadlocked and neither side was willing to move and the group was disbanded with the understanding that the final decision regarding the control system and lake elevation would be left to the City staff and technical people. Based on technical input, a system was designed to manage the lake to prevent spring flooding and provide the 1-foot freeboard protection during storm events, as well as take into consideration the ecological health of the lake. Based on that consideration, the current system was developed. She noted the use of the word "about" in the communications, in recognition of the many variables involved. Councilmember Junker asked Ms. Buss about the proposal for a weir system with removable portions, a proposal OK'd by the BCWD, but denied by the DNR. Ms. Buss spoke of the weir at McKusick Lake, which included removable boards; that system, she said resulted in constant problems with people removing boards to control the lake level to their preference; she said it became a maintenance problem for the City and resulted in potential flooding for lakeshore residents in low areas. On a question from Councilmember Milbrandt, Ms. Buss noted that between October of 2003 and the final design, there was recognition of the need for a safety factor because of the length of time the lake takes to draw down and that the watershed is not fully developed yet; it was a technical choice to provide that safety factor. Councilmember Harycki asked if the Council vote in October 2003 was a "recommendation" and, if so, why the Council voted on the elevation. Public Works Director Eckles responded that the primary consideration for the Council was providing 100-year flood protection and the 1-foot of freeboard. Mr. Eckles referred to the many studies related to the lake elevation; the 890, he said, actually goes against the recommendation fora 2.5-foot of freeboard. Mr. Eckles noted that models are just that and not absolutely precise due to the many variables involved. Mr. Oliver of Emmons & Oliver Resources, consultants for the BCWD study, responded to questions from Councilmember Milbrandt. Mr. Oliver stated that the system recommended in the December 2003 report, which included an elevation of 890 weir, stop logs, and rectangular notch was developed with the idea of maintaining the 1-foot of freeboard at a 100-year event. He noted that the bottom line of the proposal was analyzing a 24-hour 100-year storm event and maintaining the 1-foot freeboard. He said the permit application was not exactly as recommended in the report, but there was no reason to reject the City's final permit request. Councilmember Polehna asked about the major differences in the BCWD recommendations and the City's final design. Mr. Oliver responded that provided a higher level of protection for 100-year storm events and the potential for a lower elevation in smaller storm events. He noted that the differences are fairly minimal and do not impact how the system will operate. Councilmember Polehna asked about the long-term plans for correcting some of the problems on the lake, for example the presence of silt at the south end of the lake. Mr. Oliver noted that Long Lake has been designated an "impaired water." The BCWD has initiated a water quality study, which is in phase 3 or 5. The study, he said, includes significant amounts of water quality modeling and a number of proposals for projects that can be done to increase the water quality of the lake. He said the report is Page 3 of 9 City Council Meeting - 05-21 November 1, 2005 scheduled to be completed in spring of 2006. He said the BCWD appears to be open to maintaining the management of the lake, if requested by the City. Molly Shodeen, DNR Waters, said there is no such thing as a "normal" water level. The only parameter to measure is "average," which takes several years to measure, she said. She also noted that the entire conveyance system has been renovated and will work quite differently than it has over the last 20 years; she said it will take some time to determine how it is functioning. She also said if the City asks to have the permit amended; the DNR would have to consider a number of things. If the water level were higher, the City would have to obtain drainage easements from everyone on the lake, she said. She further stated that the DNR would not approve an adjustable weir at this location due to the potential for "weir wars". Upon questions, Ms. Shodeen noted that water quality and water surface uses are not in the DNR's purview. Councilmember Polehna asked about any work remaining on completion of the new system. Public Works Director Eckles responded there is some dredging at the south end of the lake and north of 72"d Street that hasn't been completed. Also, the former weir at County Road 12 has been removed, but some concrete was left in place. Also, the plan includes a new culvert at Boutwell Road, which will be installed as part of the Boutwell Road Improvement Project. Councilmember Harycki asked if the 72"d Street work was impacting the drawdown times; Mr. Eckles said that could be a possibility. Councilmember Junker said he thought the weir deserved some credit and time to see how it will function. Councilmember Milbrandt noted that the City can't really take any action until the BCWD study is completed, and he noted that the City's first responsibility is protecting homeowners from a 100-year storm event. Councilmember Junker also said he thought Mr. Eckles and staff should be applauded for the effort to get lakeshore residents involved in the decision-making process, even though that effort failed to result in a compromise. Councilmember Polehna suggested waiting until the project is completed, such as the dredging and culvert, before taking any action. Councilmember Harycki agreed it would be wise to wait until the completion of the water quality report and dredging. It was the consensus to take no action at this time. STAFF REPORTS Public Works Director Eckles informed the Council that curb had been installed on Boutwell Road, with blacktopping to be initiated next week. City Administrator Hansen reminded Council members of the upcoming League of Minnesota Cities annual conference. Also, the League of Minnesota's Metro meeting is scheduled Nov. 17. Mayor Kimble recessed at 6:15 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7 p.m. Page 4 of 9 City Council Meeting - 05-21 November 1, 2005 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 Assistant Fire Chief Tom Ballis City Clerk Ward PLEDGE OF ALLEGIANCE -Observance of Veterans Day -November 11, 2005 Julie Kink, member of the Veterans Memorial Committee, led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Junker, seconded by Councilmember Milbrandt to approve the October 18, 2005 Regular and Executive Session minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kimble welcomed Stillwater Area High School students from Ms. Ferguson and Ms. Damon's classes to the meeting. HSI Presentation by Robert Butler Robert Butler, CEO of Human Services Inc., provided the Council with an overview of the work of the agency. The agency works in five focus areas -frail seniors, supporting recovery from chemical dependency, reconnection youth, coping with mental illness and breaking the cycle of violence. The agency has eight different service locations throughout t Washington County. Funding comes from client fees, a contract with Washington County, and a mix of funding from the Met Council and private donations. Dr. Butler reviewed the primary functions of the various service areas. He also outlined core strategies. The Council thanked Dr. Butler for his presentation. OPEN FORUM No public comments. CONSENT AGENDA* Motion by Councilmember Junker, seconded by Councilmember Polehna to approve the Consent Agenda. Page 5 of 9 City Council Meeting - 05-21 November 1, 2005 Ayes: Councilmembers Harycki, Dunker, Milbrandt, Polehna and Mayor Kimble Nays: None Resolution 2005-237, directing payment of bills Resolution 2005-238, approving 2005-2006 salary for City Administrator Resolution 2005-239, approving 2005-2006 salary for Director of Administration Resolution 2005-240, approving contract with Don Empson Possible approval of Special Event for Victorian Christmas -December 3, 4, 10, 11, 17 and 18, 2005 Resolution 2005-241, approving agreement for background investigations with Jan Pitman Resolution 2005-242, approval of agreement for snow removal services 2005-2006 with Lehmicke Construction Resolution 2005-243, approval of contract with Milliman and Associates for Medicare Part D Actuarial Equivalence Testing services NEW BUSINESS Possible approval of water leakage investigation proposal for City Hall with Inspec City Administrator Hansen informed the Council that there have been issues relating to water leakage at City Hall for the past three years. He said a number of items have been corrected, but problems remain. He said the architect has recommended that the City contract with Inspec to determine the cause of the problem. Motion by Councilmember Milbrandt, seconded by Councilmember Junker to adopt Resolution 2005-244, to accept the proposal with Inspec, at a cost not to exceed $12,200. Ayes: Councilmembers Harycki, Dunker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of AUAR update and review Community Development Director Russell explained that state law requires a review/update of the document every five years until development of the area is complete. This is the first five-year review/update of the document. The review was submitted to all permitting agencies. One comment was received from the Met Council. The process is for the Council to adopt a resolution approving the review, which is then forwarded to the state Environmental Review Board. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki Resolution 2005- 245, resolution approving AUAR update Ayes: Councilmembers Harycki, Dunker, Milbrandt, Polehna and Mayor Kimble Nays: None Page6of9 City Council Meeting - 05-21 November 1, 2005 Possible approval of Browns Creek Master Plan including park maintenance schedule Community Development Director Russell noted that last winter the Council authorized the update to the Brown's Creek Master Plan and preparation of a maintenance schedule. In addition to the Brown's Creek nature area, the plan includes two parks - the Munkelwitz property and the Boutwell Cemetery site. Sherri Buss, Bonestroo, noted there was really good participation from neighbors in preparation of the park plans; City staff also was involved in the development of the maintenance schedule. Budget-wise she said the new facilities will likely require additional contract services or an additional staff person. Councilmember Junker asked if the Park Board had prioritized its preference for development of the parks. Councilmember Milbrandt said the Park Board has done that and realizes the Munkelwitz development will have to be implemented over time; $200,000 has been requested in the 2006 budget. Councilmember Harycki asked about parking spaces at the Boutwell Cemetery site; Ms. Buss noted this is a very passive park use, and additional spaces could be provided. It also was noted additional space is available at the Public Works building. Motion by Councilmember Harycki, seconded by Councilmember Polehna, to adopt Resolution 2005-246, Brown's Creek Master Plan and maintenance schedule. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Possible approval of contract for consultant services for assistance in preparation of infill guidelines Community Development Director Russell noted a subcommittee has been working at developing infill design guidelines as directed by the Council earlier this year. At this point, he said the committee would like to hire a consulting firm of Larson, Brenner to assist in the development of the design guidelines and design manual similar to the one for the downtown area. Funding is available in the Community Development budget, he said. Councilmember Junker suggested the process looks like it will be pretty extensive and restrictive. Mr. Russell said the manual also will be an educational document. Mr. Russell said he thought such a document is necessary to have objective standards. Mr. Russell said there will be public input on the proposed design guidelines before possible adoption by the Council. Motion by Councilmember Milbrandt, seconded by Councilmember Harycki to adopt Resolution 2005-247, approving contract with Larson Brenner Architects for Design Guideline Services, at a cost not to exceed $10,000. Roll call vote was taken. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None Proposed 2005 Traffic Control Sign Changes Page 7 of 9 City Council Meeting - 05-21 November 1, 2005 Public Works Director Eckles said with over 600 stop signs throughout town, some of those signs may longer be warranted. Traffic engineers now are saying stop signs do not serve as traffic calming measures; uncontrolled intersections force drivers to slow down. Eight changes were proposed as a result of the signage study; those changes are being accomplished over the course of several years, he said. In the past, changes have been reviewed with the Council and the neighbors. Mr. Eckles reviewed the proposed changes for this year: Moore at Martha; Aspen at Everett; Hickory at Everett; Fourth Street at Laurel; Third and Laurel; Holcomb by the Junior High; Everett at Abbott; Fifth at Willard; Bayberry at Interlachen Way; and Darrell Court at Fairmeadows. Police Chief Dauffenbach said he had reviewed the proposed changes and concurred with the recommendations. Councilmember Junker questioned the change at Third and Laurel, especially in the winter time. Mayor Kimble agreed with the concern due to the icy winter conditions. It was noted there will be neighborhood feedback before the changes are implemented. Motion by Councilmember Harycki, seconded by Councilmember Polehna to adopt Resolution 2005-248, approval of 2005 Traffic Control Sign Changes. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays; None Revised drainage & utility easement for Settlers Glenn 2nd Addition (Resolution) Community Development Director Russell explained the change vacates an existing easement and relocating the easement. It was required due to development conditions; the developer mitigated the revision by adding landscaping to fit the new easement into the natural character of the area. The revisions have been reviewed by Brown's Creek Watershed District and City engineering. Motion by Councilmember Polehna, seconded by Councilmember Harycki, to adopt Resolution 2005-249, resolution vacating drainage and utility easements Settler's Glen 2nd Addition. Ayes: Councilmembers Harycki, Junker, Milbrandt, Polehna and Mayor Kimble Nays: None COUNCIL REQUEST ITEMS Councilmember Harycki asked that the proposal to establish a personnel committee be scheduled as a workshop item in the near future. Councilmember Harycki also asked that the matter of reforming the Lumberjack Days advisory committee also be a workshop discussion item. STAFF REPORTS (continued) Page 8 of 9 City Council Meeting - 05-21 November 1, 2005 Community Development Director Russell reminded the Council and public of the volunteer work day at Brown's Creek. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Harycki to adjourn at 8:08 n.m. All in favor. ATTEST: Diane F. Ward, City Clerk f ,~' im e, Ma or Resolution 2005-237, directing payment of bills Resolution 2005-238, approving 2005-2006 salary for City Administrator Resolution 2005-239, approving 2005-2006 salary for Director of Administration Resolution 2005-240, approving contract with Don Empson Resolution 2005-241, approving agreement for background investigations with Jan Pitman Resolution 2005-242, approval of agreement for snow removal services 2005-2006 with Lehmicke Construction Resolution 2005-243, Possible approval of contract with Milliman and Associates for Medicare Part D Actuarial Equivalence Testing services Resolution 2005-244, to accept the proposal with Inspec Resolution 2005-245, resolution approving AUAR update Resolution 2005-246, Brown's Creek Master Plan and maintenance schedule Resolution 2005-247, approving contract with Larson Brenner Architects for Design Guildeline Services, al at a cost not to exceed $10,000 Resolution 2005-248, approval of 2005 Traffic Control Sign Changes Resolution 2005-249, resolution vacating drainage and utility easements Settler's Glen 2nd Addition. 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