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HomeMy WebLinkAbout2008-01-15 CC MIN' j?rater 1 THE IINTN fL?EE Of EIINNE70T? CITY COUNCIL MEETING NO. 08-02 January 15, 2008 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Planner Pogge Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES - Minutes for the January 8, 2007 meeting will be presented for approval on February 4, 2008 PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2008 Stillwater Bike Race - Ron Kadera Ron Kadera, representing the Great River Energy Bicycle Festival, appeared requesting usage of the roadwa?rs in downtown Stillwater for the bike race on June 15. It was noted that this will be the 7 h year for the bike race. Mayor Harycki stated there had been a request from a merchant that the Parking Commission consider going to free parking on the day of the race; Police Chief Gannaway said that request would be taken under consideration. It was noted there are no significant differences in this year's request. Councilmember Gag said he did not hear any negative feedback from the affected neighborhood last year. Mr. Kadera stated that this year, organizers will be offering a bicycle parking corral and will be encouraging the use of transportation to the location by bicycle in order to diminish some of the automobile traffic in the City. City Council Meeting - 08-02 January 15, 2008 Councilmember Polehna asked about the impact on the Police Department. Police Chief Gannaway stated that five officers would be working on the event, but stated it is a good event and not a burden on the department. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the request to host the Stillwater Criterium of the 2008 Great River Energy Bicycle Festival. All in favor. Mayor Harycki acknowledged the presence of Boy Scouts who are working on their Citizenship in the Community merit badge. OPEN FORUM There were no public comments STAFF REPORTS City Attorney Magnuson reported that the agreement with Main Street Development regarding the provision of public restrooms would be available for the next meeting. City Administrator Hansen reported he had a last minute addition to the Consent Agenda, a resolution regarding a preventative maintenance agreement with Johnson Controls. He said the City has had a contract with Johnson Controls for City Hall, the Fire Department and Public Works Department. The contract expired Dec. 31, he stated. He said he considered going elsewhere but found the City would not save a lot of money, and the "brain" component of the system is a Johnson Control proprietary system, so the City would have had to have a contract with them in any case. He stated he had negotiated a contract that holds the current rate for three more years, and a disputed bill was reduced by half. He said he would recommend approval of the contract as part of the Consent Agenda. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the Consent Agenda as presented. Ayes: Councilm.-mbers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-05, directing payment of bills Possible approval to release Capital Outlay Funds - Library Resolution 2008-06, approval of preventive Maintenance agreement with Johnson Controls PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. Page 2 of 9 City Council Meeting - 08-02 January 15, 2008 There were no public hearings. UNFINISHED BUSINESS Possible approval of quotation for monitoring services relating to Lake Management Public Works Director Sanders noted that the Lakes Management Plan recommended some additional water monitoring. He said he had contacted the Washington Conservation District to determine what monitoring the District could provide for the City. He said it appears the District can do most of the monitoring that was addressed in the Management Plan. There are five different areas where monitoring was recommended. The Plan recommended additional monitoring at Lily Lake for internal phosphorus release; that would cost an additional $1,300 over what the City currently pays. Also recommended was new water quality monitoring in Brick Pond; that would cost about $1,000, he said. Mr. Sanders stated he had talked with the Middle St. Croix WMO, which indicated the WMO likely would respond favorably to a formal request from the City to pay for that monitoring. For the Lake McKusick Watershed, the Plan discussed doing a diagnostic study at an estimated cost of $40,000; Mr. Sanders said he thought the intent was to set up some monitoring stations from Long Lake to the diversion structure, but said in talking with the Conservation District taking water samples once or twice a month from the tributary from the diversion structure to Long Lake would provide information of the phosphorus release. If sampling shows that area is not the source of the phosphorus that would prove that the tributary by Settlers Glen and up to Manning Avenue is the source of the high phosphorus for the annexation area. Regarding Brown's Creek, he stated the Watershed District has said it would pay for the monitoring from the diversion structure to Long Lake, so that would be no cost to the City. Mr. Sanders described the locations for three possible monitoring stations between Long Lake and the diversion structure. Mr. Sanders said another major cost would be sediment cores in Lake McKusick, a cost estimated at about $4,000; he explained the sediment cores would pinpoint whether there is a phosphorus release problem in the Lake and provide information as to whether -an alum treatment would be warranted to reduce the phosphorus. In total, he said the proposal for the additional monitoring for the Lake Management Plan amounts to $7,600. If the Middle St. Croix WMO agrees to pay for the monitoring of Brick Pond, the additional expenditure would amount to $6,500. If the Council approves, he said, the City would enter into a contract with the Washington Conservation District to do the monitoring. Mayor Harycki noted that $25,000 was budgeted for this work, and he suggested there are two questions involved - the monitoring/studies and whether to continue the harvesting of the algae at Lake McKusick. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, to approve the water monitoring proposal as presented. All in favor. Councilmember Gag asked whether the $25,000 was earmarked for the water monitoring; Mr. Sanders said the excess money could be used for harvesting if the Page 3 of 9 City Council Meeting - 08-02 January 15, 2008 Council so chooses, but pointed out that the Lake Management Plan suggested that it would be important to find the source of the phosphorus, as harvesting is a Band-Aid approach to the problem. Councilmember Gag asked if there were other items in the Management Plan where the remaining funds could be spent. Mr. Sanders suggested the additional money could be spent in recommended drainage pond improvements. Councilmember Polehna asked whether funds might be spent in improvements to the wetlands in the Eagle Ridge area as part of the dump site cleanup; Mr. Sanders explained plans for the dumpsite cleanup and funding sources. Regarding algae harvesting, Mayor Harycki noted that the McKusick Lake Water Association has requested that the City continue the harvesting at least through this year while the studies are being done to determine a possible permanent solution. Mayor Harycki spoke in favor of continuing the harvesting at least for one year, until the City is ready to take some concrete steps to fix the problem. Councilmember Gag asked whether in the past the City paid for the entire cost of the harvesting or whether there was any assessment to homeowners on any of the lakes. City Attorney Magnuson stated that at Lily Lake, there were several attempts to harvest weeds, rather than algae, and homeowners agreed to an assessment, a voluntary agreement. On another occasion, Mr. Magnuson said the cost was split with the City. Mr. Magnuson pointed out that an assessment was discussed several years ago, with many people against any assessment. It was noted that at Lily Lake, the City pays to have the area by the public beach sprayed for weeds, and homeowners have the option of using the contractor to spray in front of their properties, at the homeowners' cost. Councilmember Polehna asked if there was any information on what other communities are doing in regard to this issue. Mr. Sanders provided information regarding Birch Lake, where homeowners formed an association that does the harvesting, and Forest Lake, where the City owns several harvesters. Councilmember Nyberg expressed concern that the City is paying for one lake and not another -and that he would like to see the City begin a fund to solve the problem. However, he would be comfortable with doing the harvesting for one more year. Councilmember Gag asked for information on whether property owners adjacent to McKusick Lake are doing anything to enhance natural buffers, to do anything to deal with their own phosphorus problems. Bruce Werre, McKusick Lake Water Association, stated they are working with the Middle St. Croix WMO regarding homeowner education. Mr. Werre noted there are fewer than 20 property owners directly adjacent to the Lake, about three-quarters have fairly large buffers. Regarding the assessment issue, Mr. Werre pointed out that the McKusick watershed has increased dramatically, and the problem is a watershed problem, not just a lake owners' problem. Bob Olson, 850 Towne Circle, said if the City can't afford $25,000 to pay to have McKusick look like a lake, rather than a swamp, he would encourage the City to think of innovative ways to get the people who view the lake to help pay for the harvesting. He said he thought many of the people who have a view of McKusick would be interested in sharing the cost with the City. Page 4 of 9 City Council Meeting - 08-02 January 15, 2008 Councilmember Gag said he would not be in favor of taking $25,000 of taxpayers' money to pay for a Band-Aid solution at one lake. Councilmember Polehna said he has heard from people in his ward regarding assessments they have paid for Lily Lake, assessments that have been paid by people who do not live directly on the lake. Councilmember Polehna pointed out that initially, the intent was that harvesting of McKusick was a one-time measure, not an ongoing one. Councilmember Polehna spoke in favor of finding out how other communities are paying for cleanup of their bodies of water, and he spoke of problems with other lakes in his Ward. Councilmember Polehna moved to direct Public Works Director Sanders to come back to the Council with sonie information on what other communities are doing with lake harvesting and some recommendation as to how to do the harvesting so it is equitable to the homeowners and the community as a whole. Councilmember Milbrandt referred to a situation at Christmas Lake in Minnetonka where homeowners have paid over $20,000 a year to do their own harvesting - municipalities have had no role in the harvesting. Councilmember Milbrandt spoke in favor of spending any excess funds on a permanent solution, rather than a Band-Aid, short-term solution at any of the City lakes. Mayor Harycki pointed out that the Council could table the issue pending more information from Mr. Sanders, but would have to make a decision on the harvesting at some point in the near future. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to table a decision on the algae harvesting. Mayor Harycki asked if the motion was to table indefinitely. Mr. Nyberg agreed to table until the first Tuesday in March; Mr. Milbrandt amended his second. Motion to table'to the first meeting in March. All in favor. Possible approval of Plans and Specifications and Ordering Advertisement for Bids for the Lily Lake Parking Lot Project and the Driving Park Ravine Project Public Works Director Sanders reviewed the projects. Estimated cost for the Lily Lake parking lot project is $200,000, he said, and estimated cost for the ravine project is slightly less than $40,000. Councilmember Polehna asked if the ravine project would address the problem behind the Johnson property. Mr. Sanders responded this would impact the neighbor to the south, but would allow for future storm sewer installation. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-07, approve plans & specifications and ordering advertisement for bids for Lily Lake Parkirg Lot (Project 2006-03) and Driving Park Ravine Project (Project 2006-07) Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 5 of 9 City Council Meeting - 08-02 January 15, 2008 Possible appointment to Planning Commission City Clerk Ward stated interviews for the Planning Commission took place on January. 9, 2008 and the interview committee is recommending the appointment of Erica Fultz to balance.the Commission's ward representation. Councilmember Milbrandt noted that Ms. Fultz had previously served the City as a member of the Human Rights Commission. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2008-08, appointing Erica Fultz to the Planning Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible first reading of ordinance amending Winter Parking (Roll Call) City Attorney Magnuson explained that there are a number of places in the City where some type of commercial activity is in a neighborhood where special parking is allowed, and this request is consistent with the other areas. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to have the first reading of an ordinance amending winter parking. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of survey quote for City owned property in Wisconsin City Attorney Magnuson reviewed three proposals for survey of the City-owned property in Wisconsin. He stated the low proposal was submitted by BDM Consulting Engineers and Surveys, at a not-to-exceed boundary survey of $5,000, substantially better than the nearest quote. He stated supervising the surveyors and working with the adjoining properties would be part of his retainer responsibilities, and there would only be extra billing if litigation is required. He stated he would work with the Council before any litigation was initiated to determine whether to proceed. Motion by Councilmember Polehna, seconded by Councilmember Gag adopting Resolution 2008-09, accepting the proposal from BDM for the survey of the City-owned land in Wisconsin. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 6 of 9 City Council Meeting - 08-02 January 15, 2008 NEW BUSINESS Update on the parking ramp project Community Development Director Turnblad provided an update on the parking ramp project. He said that staff has been working with LSA Architects to create a firm estimate for a parking ramp that could be located on Second Street at Commercial; when that firm estimate has been developed; the Council will be able to decide whether to proceed or not proceed with the project. At this point, a preferred option has been developed. He explained the goals used in developing a preferred option, which were: to keep costs under about $5.5 million and maximize the number of parking stalls; minimize impact to the bluff, an adjacent park area, streetscape and adjacent buildings. Another consideration was tying the ramp with a walkway to the Mulberry steps and elevator to bring pedestrians to the downtown. Mr. Turnblad reviewed the footprint of the preferred option, which would provide about 348 parking stalls, about a 248 net increase in parking spaces, and it would not impact the bluff line. The preferred option also maintains two-way traffic throughout, with entrances and exits on both Third Street and Second Street. The Lowell Inn garage would be lost as part of this project, he noted, and that space transferred within the deck itself to the Lowell Inn, with the cost to be borne by the Lowell Inn owner. The option would provide an exterior arcade to bring people from Second Street back to the pocket park, which would become partly enclosed. Councilmember Milbrandt said he thought that pocket park was not dedicated parkland and asked that that issue be researched. Councilmember Nyberg asked about a connection to the Lowell Inn; Mr. Turnblad responded that the Lowell Inn owner, Mr. Anderson, would prefer to have the garage space replaced than to have any type of skyway connection; however, if that connection can be done, Mr. Anderson would pay that cost. City Administrator Hansen said in conversations with Mr. Anderson, a skyway connection is not a deal-breaker - it would be nice, but if it can't be done, that's alright too. Not replacing the garage space that he will be losing would be a deal-breaker, Mr. Hansen stated. Mr. Turnblad stated there are no fagade concepts at this time, which will be the next step. In order to do that, LSA will work with the ramp steering committee which includes two Heritage Preservation Commission members. When several preferred fagade finishes have been selected, LSA will bring that to the HPC for concept review and if the HPC is comfortable with a fagade or several options, open houses would be scheduled to show ideas to the public. After that meeting, he said architects would put together an application package for design review, with multiple public hearings. After that process, the design team will be able to come up with a firm cost estimate which should be available by mid- to late-April. City Administrator Hansen reviewed the TIF process. He explained that the original constraint regarding possible TIF funding was that the City had to have a construction contract by June 30, a deadline that was extended to the end of July. Last week staff had a conference call with a bond City Attorney regarding possible ways to extend the deadline. He explained that if a contract is put together with enough contingencies that Page 7 of 9 City Council Meeting - 08-02 January 15, 2008 allows the City to opt out of the project and if the City goes through a construction manager type of format that requires the construction manager to competitively bid all of the setbacks involved, it is believed the City satisfies the five-year rule. Update on the Heirloom and Landmark Homes website Planner Pogge provided a preview and demonstration of the Heirloom and Landmark Homes website. He noted this is a voluntary program. He demonstrated different ways properties can be searched, such as by builder, neighborhood, architectural style. He said it is anticipated the web site will be completed and an open house scheduled in the next 30 days to encourage owners of the heirloom houses to participate in the program. He said about 70 properties will be completed and included in the web site in the first phase of the project. Update on the pending FEMA Flood Insurance Rate Map changes Planner Pogge explained Washington County has been working for several years on a project to update and digitize the flood insurance rate maps in all of Washington County, including all incorporated areas. Currently, the maps are quite old; the new maps will be a vast improvement, more accurate and have the ability to be on the internet and GIS systems. The revised maps do result in some shifts in all of the flood plains, he said. For example, Lily Lake is shrinking in area, as is McKusick. The new maps do add 10 new zones as, flood basins. He reviewed the primary new flood basins, resulting in 120 property owners who will now have flood plain on their property. Also with the minor shifts, additional property owners along Long Lake, Brown's Creek, McKusick pond and some businesses in downtown will see some additional areas of their property included in the flood plain. He explained that over the next year, staff will review the information for accuracy and then adopt a new flood plain ordinance to be in compliance with the maps. After the maps become effective, he said there may be property owners who receive notice from their mortgage company that they are now required to have flood insurance. He explained there are processes to go through with FEMA; and the concern for the City, in particular, will be the seven properties in new zone As, which will not have established flood elevations. If a property owner wants to get the property out of the flood plain and not have to pay flood insurance, they will have to get a detailed study done to establish the base flood elevation. He said the City is working with FEMA and the DNR to try to get some of the studies that have been done locally with the Surface Water Management Plan accepted by those agencies to establish the flood elevations. In short, he said, there will likely be some inconvenience to property owners. Regarding the timeline, he said some open houses will be conducted, with the first one scheduled for Jan. 23, 2008, at the Washington County Government Center. There will be an appeal period, during which time the City will be trying to get the agencies to accept local data as the base elevations. After finalized maps are received, the City will have six months to amend its flood plain ordinances. Mayor Harycki asked if the City would be notifying property owners impacted by the flood plain changes; Mr. Pogge said he would recommend that be done. Mayor Harycki also suggested that the revised Page 8 of 9 City Council Meeting - 08-02 January 15, 2008 maps be posted on the web site. Councilmember Milbrandt pointed out that the City did not initiate this change. Mayor Harycki asked whether the Zoning Ordinance would have to be amended; Mr. Pogge responded that the City ordinances will have to be amended to reflect the new maps. Mr. Pogge clarified that because the City participates in the federal Flood Insurance Program, all property owners in the City can purchase flood insurance; if a property is in a designated flood plain, the insurance premium is higher. COUNCIL REQUEST ITEMS Councilmember Gag asked Public Works Director Sanders when a public hearing/open house regarding the levee wall project might be scheduled. Mr. Sanders and Mr. Hansen said the Corps of Engineers staff will be at the first Council meeting in March with an update on the project. Mayor Harycki stated a representative from Sen. Coleman's office had recently spent time with City staff to get more information about the project, and it was communicated at that time that the City did receive federal funding for the levee. City Administrator Hansen stated the City had requested $2.7 million for the levee project and received $1.265 in federal funds. Mayor Harycki said it is anticipated additional federal funds will be received, and the City is still working on getting funding at the state level. STAFF REPOPTS (continued) City Cle;,*k Ward reminded the Mayor and Council that the next Council meeting will take place or: Monday, February 4th, rather than Tuesday, February 5th due to caucuses. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Milbrand journ at 8:38 p.m. All in favor. .,_1'' Ken Hgffcki, Mayor ATTEST: Diane F. Ward; City Clerk Resolution 2008-05, directing payment of bills Resolution 2008-06, approval of preventive Maintenance agreement with Johnson Controls Resolution 2008-07, approve plans & specifications and ordering advertisement for bids for Lily Lake Parking Lot (Project 2006-03) and Driving Park Ravine Project (Project 2006-07) Resolution 2008-08, appointing Erica Fultz to the Planning Commission Resolution 2008-09, accepting the proposal from BDM for the survey of the City-owned land in Wisconsin Page 9 of 9