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HomeMy WebLinkAbout2007-12-18 CC MIN. lwater TN[ EI ETN~I~OE Of NIMNEE Oft CITY COUNCIL MEETING NO. 07-28 December 18, 2007 REGULAR MEETING Mayor Harycki called the meeting to order at 7:03 p.m. __.. Councilmember Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison Fire Chief Glaser Police Chief Gannaway City Clerk Ward PLEDGE OF ALLEGIANCE 7:00 P.M. Mayor Harycki led the Council and audience in the Pledge of Allegiance APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the December 3, 2007 regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS 8~ COMMENDATIONS Certificate of Commendation -Officer Austin Peterson Police Chief Gannaway presented a Certificate of Commendation to Officer Austin Peterson recognizing his actions in an incident that took place on Oct. 31, 2007, related to his role rri locating the suspect in a Hudson WI, bank robbery and handling a volatile situation with courage. Meritoriou#Service Commendation -Officer Bradley S. Allen f~olice Chief Gannaway presented a Meritorious Service Commendation to Officer Bradley S. Allen recognizing his actions in an incident that took place on Aug. 24, 2007, when Officer Allen responded to a call of a shooting suspect at large in the City of Lakeland and assisted the Washington County Sheriff's Department in taking the suspect into custody. OPEN FORUM There were no public comments City Council Meeting - 07-28 STAFF REPORTS December 18, 2007 Fire Chief Glaser provided an update on the Fire Department's response to a Mutual Aid call to assist in responding to an explosion on the 7th floor of the King Plant. Police Chief Gannaway provided an update on the motorcycle patrol. He noted the patrol started at the end of May and ran through the beginning of November. He provided statistics related to the productivity of the patrol, which he called "outstanding." He stated the patrol was immensely popular with the community. Chief Gannaway also provided an update on the commercial vehicle enforcement, which he said was very . successful; he stated inspectors from the State Patrol were very enthusiastic about the project and hoped to continue the inspections/checkpoints. Councilmember Gag asked if it would be possible to have the checkpoints conducted more frequently, rather than once a month; Chief Gannaway said he could check into that possibility. Chief Gannaway also suggested sending one or two of his officers to the commercial vehicle school. Councilmember Polehna suggested working with Washington County to utilize their scales so the City could do weighing as well. Mayor Harycki noted the intent of the vehicle inspections was an effort to reduce cut-through traffic in the neighborhoods adjacent to the downtown area, as well as prolong the life of the bridge. The Mayor said related to that effort, there had been talk of sending an officer and engineering department staff member to traffic school to get ideas about measures to address cut- through firaffic/traffic calming measures. Engineer Sanders stated he had been checking into the availability of classes, but none were offered in 2007. Community Development Director Turnblad noted that he had distributed a working paper that will be used for the first session of the sub-committee work on refining the goals/policies of the Comprehensive Plan. He asked that Councilmembers contact him if they have any issues they would like addressed further. Mayor Harycki noted that most members of the Council were in attendance when the Senate Bonding Committee was in town to conduct hearings on funding for the third stage of the levee wall project, and he;commended Engineer Sanders on his presentation before the Committee. City Attorney Magnuson told the Council that he had prepared a memo regarding the property the City owns in Wisconsin. He noted that in the past the City has paid little attention to the property, but recently became aware there have been some encroacf~ments on the property. He said the first step in determining possible actions to deal witf•~ the encroachments was to determine the City's rights in another State, whether the City has sovereign rights to the property as it would have in this State. Mr. Magnuson said the Supreme Court in Minnesota and in federal law has determined that if a State owns property in another State it does not have sovereign rights - it has only the rights of a private corporation when it comes to dealing with the property. He suggested the responsible thing to do in dealing with the encroachments would be to have a survey done of the property to identify areas of encroachments along with an effort to agree to boundaries if there is a slight variation; he also suggested there could be an action taken in Wisconsin court to register the boundaries to prevent adverse taking of the property in the future. He said if the Council wishes to proceed, staff would obtain estimates for the cost of the survey and any legal action. There was discussion of Page 2 of 10 City Council Meeting - 07-28 December 18, 2007 the debris on the site; Councilmember Nyberg asked Mr. Sanders to look into the cost of cleaning up the site. It was consensus of the Council to proceed with getting the estimates for a survey, possible legal action and cleanup. CONSENT AGENDA Mayor Harycki asked that Item No. 4, Resolution 2007-238, designation of depositories for 2008, be pulled for discussion. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the Consent Agenda with the deletion of Item 4. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-235, directing payment of bills Resolution 2007-236, approval of agreement with The Sand Creek Group, Ltd. Resolution 2007-237, approval of Legislative Associates contract Resolution 2007-239, accepting work and authorizing final payment for Brown's Creek Park project Resolut¢on 2007-240, approval of radio maintenance agreement with Allstar Wireless - Public Works Resolution 2007-241. renewal of Towing License for 2008 Resolution 2007-242, approval of Cable Commission 2008 budget Resolution 2007-243, approval of contract with LuAnn Clark for cleaning services for 2008 Possible approval to carry over Capital Outlay Items -Public Works, Parks, Streets, Sewer Possible approval to carry over Capital Outlay Items -Fire Department Possible approval to carry over Capital Outlay Items -MIS Possible approval to carry over Professional Services (Comprehensive Plan Update) - Community Development Possible approval to carry over Capital Outlay Items - Plant/City Hall Possible approval to carry over Capital Outlay Items -Recreation Center Possible° approval to carry over Capital Outlay Items -Library Possible~approval to carry over Capital Outlay Items -Police Possible approval to carry over Myrtle Street Dump Cleanup -Engineering Possible approval to purchase Firehouse licenses for Fire Dept. Possible approval to purchase a Video Camera for Fire Dept Possible approval to purchase a computer for the Sewer Dept Possible approval to purchase AutoCad licenses Possible approval to purchase Diskeeper Software for the MIS Department Resolution 2007-244, approval of inspection service agreement with Summit Fire Protection Resolution 2007-245, approval of maintenance contract of fire alarm system Resolution 2007-238, designation of depositories for 2008 Mayor Harycki asked whether the City's bank balances have ever exceeded FDIC limits. City Administrator Hansen responded that the City does have a money market Page 3 of 10 City Council Meeting - 07-28 December 18, 2007 account ::hat provides the City with an outstanding daily rate, so the City has a much higher balance in that account, but it is protected beyond FDIC limits and the City does have a policy regarding investments. Motion by Mayor Harycki, seconded by Councilmember Nyberg to adopt Resolution 2007- 238, designation of depositories for 2008. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS There were no public hearings UNFINISHED BUSINESS There was no unfinished business NEW BUSINESS Designation of legal newspaper for 2008 City Clerk Ward stated proposals had been received from the Gazette, Courier and Press Publications. She stated staff is recommending that the City continue the past practice of using the Gazette for legal publications and Courier for publication of proceedings. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2007-246, designating the Stillwater Gazette (legal publications) and Stillwater Courier (proceedings) as the City's legal publication and approving contract with the Stillwater Gazette and Stillwater Courier. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointments to various boards and commissions City Clerk Ward noted that a number of terms expire as of the first of the year. Openings have been advertised in the newspaper and current members asked whether they desire reappointment. She reviewed the openings and the requests for reappointment. City Administrator Hansen noted that the Council could go through the new interview process for each opening or could make reappointments as it desired. There was discussion about the new interview process, with Councilmember Gag pointing out that process was established during mid-term vacancies and the Council hasn't yet had to deal with requests for reappointment. Mayor Harycki suggested that all new applicants at least deserve an interview and suggested that interviewing current members who have requested reappointment seems like the fair thing to do -treating all applicants the same. There was a question as to whether the Council needed to interview applicants in instances where there is only one applicant for one vacancy. Councilmember Milbrandt suggested that since current members seeking Page 4 of 10 City Council Meeting - 07-28 December 18, 2007 reappointment expect that process will be followed, continue that for this year but let all boards/commissions know that next year's reappointment process will involve an interview. There was a brief discussion about term limits. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg, to adopt Resolution 2007-247, appointments for various City Commissions, with the reappointment of current members who have requested reappointment, appoint applicants when there is only one applicant fir a vacancy and go through the interview process in instances where there are multiple applic~ nts for a board opening. Ayes: Councilrr~ember Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki -- - Nays: None ~~ Possible approval of resolution for fees for 2008 Services/Publications City Clerk Ward noted that the items highlighted are those where fees are proposed to be changed, changes that were requested by department heads, discussed at budget workshops or already approved. Mayor Harycki asked whether the proposed fees related to fire services were budgetary items; Chief Glaser noted the fees as proposed relate to fire services only, not police calls, and was discussed at budget hearings. Councilmember Gag asked about the proposed storm water rate of $10 per quarter; Public Works Director Sanders explained the current base rate is $4.50 per quarter for residential lots, and this would be the first increase since 1996 when the storm water utility feE~ was initiated. Mr. Sanders explained that the City is faced with considerable expense for maintenance/upgrades of holding ponds. City Administrator Hansen noted that them had been substantial discussion of the storm water fee at budget time with staff proposing a lower rate, but the Council questioning why the rate shouldn't be higher. Councilmember Milbrandt spoke to changes in Watershed District rules and drainage easements that haven't been maintained that make the increase necessary. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-248, fees for services/publications 2008... Ayes: Councilmember Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of agreement for the use of Northland Park hockey rink Community Development Director Turnblad reviewed the proposed agreement with the Stillwatev Area Hockey Association, noting the agreement is essentially the same as in prior years. He stated that the Park Board reviewed the agreement and recommended approval' by unanimous vote. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007-249, approval of contract with Stillwater Area Hockey Association. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 5 of 10 City Council Meeting - 07-28 December 18, 2007 Possible adoption of resolutions for 2008 Budget & Tax Levy Finance Director Harrison said there were only minor changes to the budget as presentEd in the Truth-and-Taxation Hearing, one a $4,000 reduction to the general fund to reflect a purchase made this year rather than in 2008, a change in the library budget t~~ reflect the reduced transfer that occurred during the budget hearings in August. She noted the budget changes do not affect the tax levy. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-250, adopting the final budget for the year 2008. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None There was discussion about the budget and comments about the library's budget made in the newspapers. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2007-251, adopting the final tax levy for the year 2008. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Pavement Management Presentation Public Works Director Sanders stated that since 2001, every three years a study of City streets has been conducted to rate the streets according to their condition, which is the basis for the 5-year CIP for street improvement projects. He provided an overview of the City street system and study results based on street ratings in five categories. In the most recent study, he noted that about 45 miles of streets were analyzed, with 15 miles rated excellent, 13 miles rated fair, and 15 miles poor/worst. He highlighted areas that will be concentrated on in the street reconstruction projects for the next five years. He noted that mill-and-overlay projects may save a street from the need for a total reconstruction project for a number of years. He stated that this year $1.4 million is budgeted for the street project, an amount that is increasing 10 percent for the next five years. Mr. Sanders brought up the possibility of increasing the assessment rate as a means ~f dging more street reconstruction; he also noted that the recommendation is that all streets rated poor/worst be total reconstruction projects. He emphasized that the current program/budget is not sufficient to keep up with the rate at which streets deteriorate. There was discussion about how to get more miles done each year. Several specific streets, including Orwell Court, were mentioned as in need of reconstruction. Councilmember Milbrandt noted that at one time the City assessed 100 percent for street projects. City Attorney Magnuson pointed out the 100 percent assessment policy was during the time of the sewer separation projects during the 1960s; in the 1970s, he said, there was a law change which mandated that an actual increase in market value must be shown to justify the amount of an assessment. Councilmember Milbrandt suggested that in addition to increasing the budget for street reconstruction projects by 10 percent to reach the $2 million mark, the Council will have to grapple with increasing Page 6 of 10 City Council Meeting - 07-28 December 18, 2007 the assessment rate from 50-50 to perhaps 70-30 over time. Mayor Harycki asked about state funding; Mr. Sanders pointed out that the City has borrowed ahead on its funding for state -aid roads and 2010 will be the first year there will be $300,000 in state funding available again to do a state-aid road. City Administrator Hansen noted that the Council had given him direction in the annual goal-setting session to look at the assessment policy, and he would be developing a set of recommendations on that issue for the Council's consideration. City Administrator Hansen stated that the (assessment rate) issue is a politically and emotionally charged one, and probably the worst thing that could happen would be to change the policy and then have a change in Council and have the policy change again which would be totally unfair to the residents. - - _ Councilmember Polehna asked whether there is a trail pavement management program. Mr. Sanders said there is not such a program, but next year the City would be looking at Long Lake trail. Possible ordering preparation of feasibility report for 2008 Street Improvements Mr. Sanriers reviewed the proposed 2008 street improvement project, an area bounded by Sixth Street on the west, Third Street on the east, from Willard to Fourth Street, with the addition or Orwell Court. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-252, resolution ordering preparation of report for 2008 Street Improvements (Project 2008-02) Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Discussion on McKusick Lake options Public V~/orks Director Sanders reviewed possible projects that could be done as part of the City's Lake Management Plan presented by Joe Bischoff, Wenck at the December ~~ 3, 2007 meeting. He listed improvements related to Lily Lake and the recommendation that tota~ phosphorous be reduced by 150 pounds to meet state standards for Lily Lake. One of the projects, the hospital ponds that were listed in the Lily Lake Water Quality plan done in 1999 was to divert the water from Churchill and Churchill/Greeley intersection to drain into Brick Pond. As part of the overlay project proposed for 2010- 11, Greeley Street it would include diversion of the storm sewer into the hospital ponds. The Lily Lake parking lot improvements would be done in 2008, with the others accomplished over the next five years. He also spoke to the recommendations for monitoring of Lily Lake and Brick Pond and suggested that Brick Pond be added to the monitoring agreement with Washington Conservation District. Regarding Lake McKusick, Mr. Sanders noted that Mr. Bischoff, Wenck could not really identify the source of the phosphorous pollution and the recommendation was to do more monitoring to identify the source of the phosphorus loading. Mr. Sanders suggested that the Water Conservation District could also be utilized to do this monitoring, with a consulting firm hired to do the analysis and make recommendations. He also 'referred to the Plan's recommendations regarding infiltration basins in the buffer area an~J pointed out the City will have to work with other agencies, including the Page 7 of 10 City Council Meeting - 07-28 December 18, 2007 Brown's Creek Watershed District, to determine what will be allowed under those agencies' new regulations. Mayor Harycki stated that during the presentation by Mr. Bischoff, it was suggested the first priority should be to do the study/monitoring to determine the source of the pollution which would identify what projects should be done and that maybe the money for the Myrtle Street Dump cleanup could be used for that study to determine the source of the problem. Councilmember Milbrandt noted the City had budgeted for harvesting of the lake again and according to Mr. Bischoff continuing the harvesting of McKusick was more of a band aid for McKusick and felt that the harvesting money should be used for the study rather than harvesting the lake again. Mayor Harycki stated the harvesting was done until there was a better understanding of what was happening to the lake. He stated that today there is a better understanding of the problem and that it may be better to put the weed harvesting money and spend it on the study rather than do something cosmetic which weed harvesting is. He encourage staff to look at the cost of a study and see if it can be done for less than $40,000 and then the Council can look for possible funding sources, including the money budgeted for harvesting or roll-over funds from the dump site cleanup. Mr. Sanders also pointed out the Brown's Creek Watershed had some money budgeted for a study of the area. Mr. Sanders said he could have an estimate of the cost for sampling/monitoring by mid-January. Councilmember Nyberg also suggested looking at possible grant sources. Mayor Harycki spoke of ways to educate the public, including the City newsletter and direct mailings, regarding shoreline management issues. Councilmember Polehna spoke of the condition of Long Lake and the need to focus on that lake as well. Mr. Sanders noted that the Watershed had done several projects in the Long Lake watershed and had taken the lead role in regard to that lake. Mayor Harycki stated that he was surprise:l to learn that McKusick Lake's problem doesn't come from Long Lake but from other sources that have yet to be determined. Councilmember Polehna said he wanted the public to be aware that the City has not forgotten about Long Lake and recognizes the need to address that lake as well. MN Zephyr Mortgage Satisfaction City Attorney Magnuson explained that the Zephyr owner had paid the mortgage owed the City and the Council needs to give direction for the Mayor and Clerk to sign the mortgage satisfaction. Councilmember Milbrandt wondered if it would be possible to sign the mortgage satisfaction and still maintain first-right-of-refusal on the Zephyr depot. City Attorney Magnuson stated that the Zephyr owner has asked that the City forgive the first-right-of-refusal on the depot now that the mortgage has been repaid, but it would be possible to maintain that right if the Council so desired. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 207-253, authorizing satisfaction of Zephyr mortgage and directing Mr. Magnuson to retain first-right-of-refusal. Ayes: Councilr,~embers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 8 of 10 City Council Meeting - 07-28 COUNCIL REQUEST ITEMS December 18, 2007 Mayor Harycki informed the Council that the Parks Board has made a recommendation that the City look into acquiring the Boom Site. Councilmember Nyberg, a member of the Parks Board, said the Board is always interested in acquiring more parkland, but more information is needed regarding the Boom Site. Mayor Harycki noted efforts would be in cooperation with the Township to see how possible acquisition might come about - whethzr it is joint acquisition or singular. The Mayor stated the Parks Board was looking for direction from the Council, and suggested that the Council direct the Parks Board Chair and Vice Chair form asub-committee to discuss the matter with two -_ - _ counterparts in the Township to start moving forward. Councilmember Milbrandt said he would be in favor of exploring possible acquisition, but would also like input from Public Works Director Sanders regarding annual maintenance costs. Motion by Councilmember Nyberg, seconded by Mayor Harycki to direct staff to explore the acquisition of the Boom Site. All in favor. Mayor Harycki said he was shocked at the quantity of delinquent sewer bills and suggested that now when there are abandoned properties, the City is in a complaint- driven process regarding such properties. He expressed concern that should a wave of foreclosures hit the City, the City not be reactionary about property neglect issues. Mayor F'arycki suggested directing Community Development Director Turnblad to explore what other cities are doing to deal with the issue. Councilmember Nyberg said in his experience, cities generally issue citations to the property owner and in a foreclosure situation to the bank. Councilmember Polehna suggested that perhaps the City needs to be a little more aggressive about enforcement, more proactive rather than reactive. Councilmember Polehna suggested the issue was not just with foreclosures, but property maintenance as a whole. Mayor Harycki asked Mr. Turnblad to do some research in the next several months and come back with some ideas on how to deal with the issue. Councilmember Milbrandt pointed out that the City has an ordinance that prohibits sandwich boards in the downtown area, but many shops are utilizing sandwich boards. He proposed directing staff to send a letter to business owners in the historic district reminding them of the ordinance and informing them the ordinance will be enforced in the spring. Mayor Harycki said he thought the Chamber was dealing with this issue and was going to come before the Council with recommendations on signage; he suggested contacting the Chamber to find out where they are in addressing the problem. Councilmember Milbrandt said until the Chamber comes forward with a proposal, he would like to see the ordinance fully enforced. Councilmember Nyberg said while he thought the ordinance should be enforced, the City should work with shop owners. Councilmember Gag said he would be willing to revisit the issue. Councilmember Polehna expressed appreciation for the ice rink at Benson Park. Page 9 of 10 City Council Meeting - 07-28 December 18, 2007 ADJOURNMEINT Motion by Councilmember Nyberg, seconded 8:43 p.m. All in~favor. ATTEST: _ Q~ ~ -_ - Diane F. Ward, City Clerk by Councilmember Gag, moved to adjourn at Harycki, Mayor Resolution 2007-235, directing payment of bills Resolution 2007-236, approval of agreement with The Sand Creek Group, Ltd. Resolution 2007-237, approval of Legislative Associates contract Resolufion 2007-238, designation of depositories for 2008 Resolution 2007-239, accepting work and authorizing final payment for Brown's Creek Park project Resolution 2007-240, approval of radio maintenance agreement with Allstar Wireless - Public Works Resolution 2007-241. renewal of Towing License for 2008 Resolution 2007-242, approval of Cable Commission 2008 budget Resolution 2007-243, approval of contract with LuAnn Clark for cleaning services for 2008 Resolution 2007-244, approval of inspection service agreement with Summit Fire Protection Resolution 2007-245, approval of maintenance contract of fire alarm system Resolution 2007-246, designating the Stillwater Gazette (legal publications) and Stillwater Courier (proceedings) as the City's legal publication and approving contract with the Stillwater Gazette and Stillwater Courier Resolutiion 2007-247, appointments for various City Commissions Resolution 2007-248, fees for services/publications 2008 Resolu*ion 2007-249, approval of contract with Stillwater Area Hockey Association Resolution 2007-250, adopting the final budget for the year 2008 Resolution 2007-251, adopting the final tax levy for the year 2008 Resolution 2007-252, resolution ordering preparation of report for 2008 Street Improvements (Project 2008-02) Resolution 2007-253, authorizing satisfaction of Zephyr mortgage Page 10 of 10