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HomeMy WebLinkAbout2008-03-18 CC MIN THE IIITHPLACE OF III.NEIITA CITY COUNCil MEETING NO. 08-06 March 18, 2008 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:05 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 Assistant City Engineer Kraftson City Clerk Ward 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 minutes of the March 5, 2008, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Presentation of Fire Department Annual Report Fire Chief Glaser presented the Fire Department's 2007 annual report. The report highlighted the response summary, including the number of calls, types of calls, and a breakdown of calls by location. He noted that last year there was nearly a 15 percent increase in fire calls as compared to 2006, while EMS calls went down slightly. The report also highlighted the 2007 budget, which makes up 9 percent of the City's total general fund budget. The report reviewed personnel changes that occurred in the past year; he noted the department is currently fully staffed. Also highlighted were several memorable events from 2007 and upgrades and improvements. The report reviewed staff training activities, code enforcement, fire prevention and education activities, and special event activities. City Council Meeting - 08-06 March 18, 2008 OPEN FORUM Elliot Mann, Stillwater Gazette, announced that he will be leaving his employment with the Gazette and thanked the Council and City staff for their assistance. STAFF REPORTS Community Development Director Turnblad reported that the Planning Commission has recommended that the sign ordinance be enforced in the downtown area, especially with respect to banners and sandwich boards. Councilmember Gag asked whether there was staff sufficient to do the proper enforcement should the Council direct that the ordinance be enforced. Mr. Turnblad suggested taking an educational/informational approach to the issue initially, and then go through the official process to correct any problems that remain after that type of contact. Mr. Turnblad suggested distributing an informational flyer to the Chamber and individual businesses providing everyone with information about sign regulations, so they know the rules of the road, followed up by personal contact with owners of businesses with signs that don't comply with the ordinance. Mayor Harycki said he thought the Chamber was looking at this issue and likely will be bringing some recommendations to the Council. Mayor Harycki also spoke of past instances of "singling out" individual business owners regarding violations to the sign ordinance; Mr. Turnblad responded that staff does not single out enforcement, enforcement, due to staffing limitations, is by complaint. Mayor Harycki said he thought there were more important issues facing the community and would not like too much staff time expended on sign enforcement activities. Councilmember Polehna said he didn't think the City would want the downtown area looking like a garage sale, speaking of the proliferation of sandwich boards. It was consensus to direct staff to begin the education program. Mr. Turnblad said he understood direction from Council to be to send out the informational flyers, personally contact owners not in compliance and report back to the Council before taking any further enforcement efforts. Mr. Turnblad asked for direction on scheduling a joint meeting with the Planning Commission regarding the Comprehensive Plan to discuss future land use scenario maps, as well as transportation, open space and parks/trails maps. It was consensus to schedule the meeting for the 4:30 p.m. work session of the June 3 Council meeting. Mr. Turnblad also asked for direction from Council on whether to hire an electrician to wire the scoreboard at the Public Works field; he said estimated cost is $1,500 if it is possible to use existing poles or about $3,000 if the connections have to be made from the circuit box inside the Public Works building. Mr. Turnblad noted there is about $500 remaining in the scoreboard donation fund. It was consensus to get a firm estimate of the cost and then bring the issue back to the Council. CONSENT AGENDA Motion by Council member Milbrandt, seconded by Council member Polehna to approve the Consent Agenda as submitted. Page 2 of9 City Council Meeting - 08-06 March 18, 2008 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2008-32, directing payment of bills Possible approval of the use of the two parking spaces by Stillwater Trolley Company Resolution 2008-33, approval of 2008 Service Agreement between Washington Conservation District and the City of Stillwater Possible approval to purchase items for the Public Works Ballfield requested by the St. Croix Valley Baseball Association in 2007 Possible approval to purchase 800 MHz Radio/Equipment Possible approval to purchase civil disturbance equipment Possible approval of application to sell 3.2 beer - Softball Tournament Lily Lake - July 25-27 -Brent Sharon Possible approval of application to sell 3.2 beer - Softball Tournament Lily Lake - June 6-8 - Dave Hackler Resolution 2008-34, approval of 2008-09 grant agreement for municipal recycling grant distribution PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS Possible acceptance of Findinqs of Fact and adoption of Resolution of Denial for a minor PUD amendment for Lot 1. Block 2, Settler's Glen 8th Addition - US Homes (tabled from March 5 meetinq). Motion by Council member Milbrandt, seconded by Council member Gag to adopt Resolution 2008-35, resolution adopting findings of fact, conclusions and order related to the denial of a Planned Unit Development Amendment for Settler's Glen 8th Addition (Case No. 08-03). Ayes: Councilmember Gag, Milbrandt, Polehna and Mayor Harycki Nays: Council member Nyberg Discussion on alqae harvestinq - McKusick Lake Assistant City Engineer Kraftson briefly reviewed some additional information regarding what other communities are doing with respect to treatment of algae and/or weeds in their lakes. Bruce Werre, 1314 Meadowlark Drive, president of the McKusick Lake Water Association, addressed the Council. He referred to the high cost of getting McKusick from a turbid water state back to a clear water state, a cost that is 5 times the cost of corrective measures, should the lake be allowed to fall into a turbid water condition. He Page 3 of 9 City Council Meeting - 08-06 March 18, 2008 suggested that continued harvesting for the next several years until the long-term management/strategies are in place is a very low cost item compared to the potentially tens of millions of dollars that could be spent should the lake turn into a turbid condition. He also noted that of the other City lakes, McKusick is the only lake that has the algae problem and is also the only lake that has seen a 10-fold watershed drainage increase; he suggested the algae problems with McKusick are a watershed and community-wide problem. Councilmember Polehna questioned whether discontinuing the algae harvesting would result in McKusick slipping into a turbid water state. Assistant City Engineer Kraftson said he had spoken with Joe Bischoff, Wenck & Associates, regarding this issue. He said Mr. Bischoff's opinion is that the harvesting is an aesthetic treatment but really has no impact on water quality. Drew Arnold, 739 Green Twig Way, spoke in support of harvesting for this year at least, if not future years. He said harvesting is not a Band-Aid approach. For a solution to be complete, he said, there must be both short-term and long-term solutions. He noted that the algae is a nutrient-laden mass which, if left to decay, adds to an already nutrient-rich sediment which is causing some of the algae now and is causing the shift in plant species, conditions that lead to a turbid state. Bill Pappas, 720 N. Fifth St., reminded the Council that previous consultant's predictions that the diversion water would flush the lake and actually improve water quality have not come true; rather the lake has seen an accelerated growth in algae. He said running the diversion water through McKusick is beneficial to both Brown's Creek and Lake St. Croix but is not beneficial to McKusick and said he thought the City has a responsibility to do just about everything it can to prevent its decline from a clear water state to a turbid state. No other comments were received, and the discussion was brought back to Council. Councilmember Polehna asked if there was any information regarding the success of treatment with copper sulfate; Mr. Kraftson said he did not have that information. Councilmember Gag asked if the Watershed District had been contacted regarding possible participation; it was noted McKusick is in the Middle St. Croix Water Management Organization so funding from that body is not an option. Councilmember Milbrandt spoke in favor of staying the course and seeking a long-term solution. Mayor Harycki suggested there seems to be several questions that need to be answered, questions regarding copper sulfate treatment, whether removal of the algae would help prevent the lake from falling into a turbid state or not. Councilmember Gag said he would be willing to revisit the issue of expending taxpayer dollars if the McKusick Water Association became a true Association and a willing participant in helping fund the harvesting. Mayor Harycki asked staff to get a letter from the consulting firm addressing some of the questions regarding copper sulfate and the benefit of removing the algae in the short-term. Councilmember Polehna agreed with Mr. Gag's comments regarding the need for some type of cost-sharing in harvesting, but said he would be open to a copper sulfate treatment if that is effective and a viable alternative. Page 4 of 9 City Council Meeting - 08-06 March 18, 2008 Motion by Council member Nyberg, seconded by Councilmember Gag to table this issue pending direction from the consultant in writing as to the effectiveness of copper sulfate treatment and a response from the Lake McKusick Water Association regarding possible cost- sharing. All in favor. Discussion on analvsis relatinq to special assessments Assistant City Engineer Kraftson gave a presentation with additional information regarding the City's street system and the possibility of increasing the assessment rate from the current 50 percent to a 70 percent assessment rate. The presentation pointed out that during the 1970s and 80s, when the City fronted the cost of new street construction and then assessed the costs back to developers; few street reconstruction projects were done. Mr. Kraftson pointed out that prior to 1980 projects were 100 percent funded by residents; the 50-50 assessment share has been in place since the early 1980s. It was noted that change in assessment policy was due to a Minnesota Supreme Court ruling which made it the obligation of cities to prove that the market value of a property increased by an amount at least equal to an assessment. The presentation highlighted the current infrastructure commitment; infrastructure projections; and assessment options. In the section on infrastructure projections, it was noted that streets drop 1 category, for example fair to poor, every six to 10 years, and, based on the current program, streets will be reconstructed every 41 years. The presentation highlighted the impact of going to the 70-30 assessment split on the street ratings. Councilmember Milbrandt summed up the presentation by stating the City is basically paying the price for years of no projects, and going to a 70-30 split will enable it to catch up in the status of its street system by 2020. Mr. Kraftson stated the concern is whether the City will get to the point of having 40 miles in poor and worst condition, mileage that is nearly half the City's street system. The presentation also highlighted the benefits of regular pavement maintenance and costs of maintenance projects versus total reconstruction projects. Mayor Harycki asked if the projections regarding the state of the streets included annual sealcoating and mill/overlay projects; Mr. Kraftson said he assumed the sealcoating program would continue but did not include any mill/overlay projects as the City has been concentrating on doing its poor/worst streets and not diverting funds for mill/overlay work. There was discussion as to finding the balance between mill and overlay and reconstruction projects. The presentation also highlights increased construction costs and noted the Finance Department estimates that the City will need to bond for infrastructure improvements in three years based on current spending plans and that could lead to higher bonding and levy increases. Council member Milbrandt suggested the issue relates to the fact that at 50-50 assessments, the City will never get to the "zero" point and sooner or later the City is going to have to change the assessment rate. Councilmember Milbrandt suggested the next step might be to schedule a public hearing and encourage public input. Mayor Harycki suggested the next step relates to budget priorities, and he suggested scheduling time for the to Council to start looking at budget issues/priorities, noting that Page 5 of 9 City Council Meeting - 08-06 March 18, 2008 at the last meeting the Council directed department heads to look at possible reorganizations and ways to do things more efficiently. Discussion on hirinq freeze City Administrator Hansen stated that subsequent to the last Council meeting, he met with staff and asked that all department heads look at a possible restructuring of their department; he said department heads have been asked to come back with a plan by mid-April so plans can be brought to the Council in mid-May before budget considerations. He noted that the Council had agreed that the City could continue advertising and posting of seasonal positions normally hired at this time, but requested that department heads provide justification for the positions. He noted that memos from Public Works and Police Chief Gannaway were included in the agenda packet with justifications for their requests. Mr. Hansen also told the Council that the posting for the human resources coordinator position closed the Friday before the Council meeting, with some 33 applications submitted; he stated before filling that position he wanted to be certain of Council support. Council member Gag said he would be comfortable moving forward with the Police Department request (community service officers and parking attendants) and the Parks/Public Works request but said he would still like to discuss the human resources position. Mayor Harycki agreed with moving forward with the Police and Public Works positions and suggested additional discussion of the human resources position at a future budget discussion. City Administrator Hansen said he could send out a memo to all the applicants for the human resources position letting them know there will be a delay in the decision due to the possibility of a hiring freeze. Motion by Council member Milbrandt, seconded by Council member Gag directing that the City is in a hiring freeze mode with the exception of the seasonal positions and to approve the seasonal position justifications submitted by both the Public Works and Police Department with the exception of public safety personnel openings. Possible appointment of executive committee for performance review of City Administrator Mayor Harycki pointed out that basically all City employees are evaluated, either by department heads or the City Administrator. The only exception to the evaluation process has been the Administrator, and he said it is only fair that the Administrator be given feedback by the Council. Mayor Harycki said he would like the entire Council involved in the process and noted the recommendation was to form an executive committee to look at the various evaluation forms that are available. He suggested that the Mayor and Vice Mayor could go through and select an appropriate evaluation form. It was agreed to have the evaluation session the first meeting in May. Motion by Council member Polehna, seconded by Council member Nyberg to appoint the Mayor and Vice Mayor as the executive committee to develop a performance review form for the City Administrator. All in favor. Page 6 of 9 City Council Meeting - 08-06 March 18, 2008 NEW BUSINESS Discussion and possible adoption of resolution amendinq Downtown Parkinq Commission resolution City Clerk Ward stated the City has continued to advertise for openings on the Parking Commission and has only received one application from a resident. It was suggested that perhaps the structure of the Commission should change, opening it up more to citywide residents, including downtown business and property owners. In order to do that, she said, a resolution is needed. She stated the draft resolution changes membership requirements, makes the Council representative a voting member and makes several housekeeping changes to reflect the way the Commission is actually operating. Mayor Harycki asked if the Council wished to have a representative on the Commission should the Commission get to full membership; it was consensus that it would be good to have Council representation on the Commission. Motion by Council member Polehna, seconded by Council member Nyberg to adopt Resolution 2008-36, resolution amending Resolution No. 92-249 establishing Downtown Parking Commission and Bylaws. Ayes: Council members Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of Dock Permit for St. Croix Boat & Packet Community Development Director Turnblad stated the Planning Commission had conducted its annual review last week and recommended approval of the dock permit. Motion by Council member Milbrandt, seconded by Council member Polehna to adopt Resolution 2008-37, approval of dock permit for St. Croix Boat & Packet Company. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible 1st readinq of Ordinance No. 992. an ordinance amendinq Stillwater City Code &30-1 Subd. 8 entiltled "Fees" and &30-1. Subd. 9 entitled "Relief for senior cities and the disabled". City Clerk Ward explained that this was a housekeeping measure due to the contract with Waste Management which eliminated the fee for residents who are absent from the City for more than 90 continuous days; also she noted the policy for senior rates was not included in the ordinance and it was felt that change should be made as well. Motion by Council member Milbrandt, seconded by Council member Polehna to approve the 1 st reading of Ordinance No. 992, an ordinance amending Stillwater City Code 930-1 Subd. 8 entitled "Fees" and 930-1, Subd. 9 entitled "Relief for senior cities and the disabled". Page 7 of 9 City Council Meeting - 08-06 March 18, 2008 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None COMMUNICATIONS/REQUESTS Open Book Meetinq Announcement City Clerk Ward presented the schedule for the Open Book meetings in Washington County for residents who wish to object to their property assessments. Stillwater residents can attend any of the meetings. Meetings will take place 5- 7 p.m. April 10 at Cottage Grove City Hall; 5-7 p.m. April 16 at Oakdale City Hall; 5-7 p.m. April 24 at Woodbury City Hall; and 1-7 p.m. April 30 at the Washington County Government Center. COUNCIL REQUEST ITEMS Mayor Harycki reported on a trip that he, along with Councilmembers Polehna and Nyberg made to Washington, D.C. He stated they met with Sen. Coleman, the chief of staff for Rep. Oberstar, Rep. Bachmann and a staff member from Sen. Klobuchar's office. He stated it doesn't appear there will be much meaningful activity until after the November election. Councilmember Polehna said he felt positive about the reaction to both the bridge and levee, and said he thought there was good support for the bridge. Councilmember Nyberg said it was a good learning experience and provided a good idea as to how to proceed from this point. There was a brief discussion of the process of earmarking federal projects. Mayor Harycki asked that a Mayor April workshop be scheduled to discuss budget priorities and give some direction to staff before the actual budget process begins. Councilmember Milbrandt spoke in favor of an April date; it was agreed to have City Administrator Hansen contact Councilmembers regarding their schedules for possible dates. ADJOURNMENT Motion by Council member Nyberg, seconded by Councilmember Polehna t p.m. All in favor. journ at 9:05 ATTEST: ~.J,~ Diane F. Ward, City Clerk Page 8 of9 City Council Meeting - 08-06 March 18, 2008 Resolution 2008-32, directing payment of bills Resolution 2008-33, approval of 2008 Service Agreement between Washington Conservation District and the City of Stillwater Resolution 2008-34, approval of 2008-09 grant agreement for municipal recycling grant distribution Resolution 2008-35, resolution adopting findings of fact, conclusions and order related to the denial of a Planned Unit Development Amendment for Settler's Glen 8th Addition (Case No. 08-03) Resolution 2008-36, resolution amending Resolution No. 92-249 establishing Downtown Parking Commission and Bylaws Resolution 2008-37, approval of dock permit for St. Croix Boat & Packet Company Page 9 of 9