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HomeMy WebLinkAbout2008-12-01 CC MIN TMI 'IITtlP'LACE OF tlIllUll!lDTl CITY OF STillWATER CITY COUNCil MEETING DECEMBER 1, 2008 (MONDAY) REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 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 Police Chief Gannaway Public Works Director Sanders Clerk Ward OTHER BUSINESS Restricted Waters DischarQe Assessment - Bob Barth. Bonestroo Public Works Director Sanders explained that the City has contracted with Bonestroo to do its discharge waters assessment of the St. Croix River, a requirement of the MS4 Permit. Bob Barth of Bonestroo provided the Council with an overview of the permit requirements and the possible ramifications of the study/assessment. Two of the requirements have already been met - mapping the area/extent of the discharge to the St. Croix and listing the waters to which water is discharged. The assessment involves a comparison of land use over time. Mr. Bath provided a table taking the 2030 land use and comparing it to the 1985 conditions, the year the St. Croix was designated an outstanding resource-value water, along with the current conditions. The analysis, he stated, compares pollutant loads across three times, which is done essentially through GIS. He noted that City staff time is being utilized to develop some of the maps and initial data requirements for the analysis. He said pollutant loadings will be reported Citywide as well as on a drainage area basis. He noted there are seven major sub- watersheds in Stillwater; the watershed comparison is done to determine if there are any distinct differences in pollutant loadings to specific water bodies. He stated pollutants of concern at this time are total phosphorous, total suspended solids, and annual water runoff volume. He noted that according to preliminary results, it is water City Council Meeting December 1, 2008 volume that has been identified as the major issue. He reviewed the data in several tables. He noted that as land use has changed, the loading of total phosphorus has increased 400 pounds per year since 1985, about a 10 percent increase, total suspended solids haven't increased much, but water volume has gone up about 10 percent as well, by about 400 acre feet. The next step would be to develop a plan to deal with the increased loading(s). Councilmember Milbrandt asked how the City is to balance what the Met Council has mandated as the City's growth capacity, with the MPCA mandate to eliminate water volume runoff. Mr. Bath there will be a meeting with the MPCA on that subject in December; he spoke of another city, Dayton, which is finding that the Met Council's required density may not be obtainable if it has to deal with runoff volume and consider that a pollutant. Mr. Barth said Stillwater's runoff volume is a little less to deal with than the other city in question, but he suggested that the City would not want to hinder new development so much that it is not feasible. He said the City could implement projects overtime, such as the City is doing now, to work at getting the necessary 400 acre feet reduction in volume. Mr. Barth also pointed out the City is not compelled to work on the loads that existed prior to 1985, although it may do so for credits against other loadings. Councilmember Polehna suggested the City will have to work with the various watersheds to obtain its goals. Mayor Harycki asked how long the City will be given to reach the pre-1985 levels; Mr. Barth said he wasn't sure about the MPCA requirements but suggested that the City would propose that it be over the term of its land use plan, 2030. Mayor Harycki asked about the amount of reduction achieved by installing rain gardens, such as was done with the Eagle Ridge street project; Mr. Sanders said he wasn't sure there is a way of calculating that, but noted that the rain gardens are a requirement of the Middle St. Croix Water Management Organization. Mr. Barth suggested that such projects should be calculated retroactively for credits as part of the permit. Mayor Harycki asked about phosphorus loading. Mr. Barth suggested that the City focus on the water volume; if the City succeeds in reducing the runoff volume by the 400 acre feet, phosphorus will follow and go down more than needed to meet the 1985 conditions, he stated. Library Update - Richard Edstrom Mr. Edstrom thanked outgoing Councilmembers Milbrandt and Nyberg for their efforts on behalf of the library. He noted that in September, the library was facing a possible deficit but has managed to close that gap through increasing some revenues and controlling expenditures. He stated the Foundation is up and running, with its first major event on the 4th of July, which netted about $22,000, and he noted that the calendar of event reservations for 2009 is looking good. He said that the library is in the process of interviewing for two new board members, with the names to be forwarded to the Council in the very near future; he also noted the Foundation board is soliciting new members at this time. Page 2 of 11 City Council Meeting December 1 , 2008 Mr. Edstrom noted that in the budget submitted to the City, it was presumed the library would reopen on Sundays in 2009. Councilmember Polehna noted that the Council had received a complaint last spring regarding noise and asked if that issue has been resolved. Library Director Bertalmio stated there had been one complaint, but that was with an I Pod user playing music after the band had stopped. Police Chief Gannaway stated that his department has not received any complaints. STAFF REPORTS Fire Chief Glaser referred to a memo in the packet requesting permission to advertise for paid, on-call firefighters. He noted his department is currently three paid, on-call staff short at this time and anticipates there could be additional resignations early in 2009. He also noted that the process of interviewing, hiring, background checks, etc. takes about three months. Mayor Harycki pointed out that when the Council instituted a hiring freeze, it did so with the understanding it was not to affect public safety. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the request to advertise for paid, on-call firefighters, as presented. All in favor. Mayor Harycki informed the audience that the first-ever Stillwater fire blood drive was scheduled for Tuesday, December. 9, from 2 to 7 p.m. City Clerk Ward noted that she had one late Consent item, a temporary liquor license application from Valley Chamber Chorale for an event at the Historic Courthouse Dec. 5-7, and asked that the Council add that item to the Consent Agenda. Community Development Director Turnblad provided an update on nuisance properties. He stated there were only six properties that the City had to send out a contractor to clean up, and that the City had no repeat complaints once the properties were cleaned up. He said there had been a question as to whether the same process could be used during the winter, for shoveling; as a result, staff solicited bids for snow removal for the Council's consideration. If the Council chooses to use the same process, staff would recommend that the bid be awarded to A-1 Maintenance. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2008-167, accepting quotation and awarding contract to A-1 Maintenance for snow removal services for 2008-09. Ayes: Councilmembers Polehna, Milbrandt, Nyberg, Gag and Mayor Harycki. Nays: None Councilmember Polehna brought up an issue with a house near Stillwater Country Club where the owner appears to be running a boat/RV storage business and asked whether that is allowable. Mr. Turnblad said staff is aware of the situation and has been working with the owner to address the problem. Page 3 of 11 City Council Meeting December 1,2008 Public Works Director Sanders provided information about Chestnut Street as requested at the previous Council meeting. He stated that the width of Chestnut prior to this year's reconstruction project was 30 feet; staff had proposed a 28' width but during construction there was a problem with retaining walls due to some of the grades so the street was narrowed to 26' in width, for that section of street between Fourth and Fifth. He said he had received a call from a property owner citing a problem with the trolley and requesting no parking on the south side of the road; Mr. Sanders said he thought there is ample room for parking on both sides of the street given the amount of traffic on the street. Councilmember Milbrandt asked if the City receives a copy of the trolley's route in conjunction with the annual permit request and suggested that might be a prudent thing to do in the future. No action was taken on the parking request. Mr. Sanders told the Council that the City has been notified it will not be subject to a surcharge for excess inflow due to credit received for working at reducing inflow through manhole repair and monitoring of flows. Mayor Harycki asked Police Chief Gannaway to check on the status of winter parking rules for Willow or Poplar - whichever street had a problem with the odd-even parking regulations last year. City Administrator Hansen noted that he and Finance Director Harrison will begin working on the City's annual capital bond sale. With the freeze that the Council has imposed on capital purchases, he asked for Council direction on whether to proceed with the bond sale. Mr. Hansen said he would urge the Council to proceed with the bond sale; otherwise options will be very limited. He stated staff will still seek approval of major purchases. Mayor Harycki agreed that staff should proceed with the bond sales. Meeting recessed at 5:15 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 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 Police Chief Gannaway Public Works Director Sanders City Clerk Ward Page 4 of 11 City Council Meeting December 1, 2008 PLEDGE OF ALLEGIANCE 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 November 18, 2008, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Fire Chief Glaser stated the Stillwater Fire Department, in cooperation with the American Red Cross, is hosting a blood drive on Tuesday, Dec. 9, 2 to 7 p.m. in the training room at City Hall. He encouraged folks to call Rose Holman to make an appointment to donate. City Administrator Hansen noted that the City would conduct its Truth in Taxation hearing later in the meeting. He noted that if people were present to complain about assessed valuation, the Truth in Taxation hearing is not the forum for doing that; the forum for commenting about assessed valuation is the Board of Equalization which will take place in April and is hosted by the County. Possible approval of contract for 2009 Stillwater Marathon Mayor Harycki noted that this item had been removed from the agenda at the request of St. Croix Events and the Greater Stillwater Chamber. OPEN FORUM There were no public comments. CONSENT AGENDA Mayor Harycki noted the Consent Agenda should be amended to include the temporary liquor license for Valley Chamber Chorale. City Clerk Ward reviewed the Valley Chamber request. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the Consent Agenda, including item NO.6. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None 1. Resolution 2008-163, directing payment of bills 2. Possible rollover of capital funds - Library Page 5 of 11 City Council Meeting December 1, 2008 3. Resolution 2008-164, accepting work and ordering final payment for Phase II Utilities Project (Project 2006-09 A & B) 4. Resolution 2008-165, approving maintenance agreement with PWC for Public Works Radio System 5. Resolution 2008-166, adopting Lake Elmo Bank assessment 6. Temporary Liquor License - Valley Chamber Chorale PUBLIC HEARINGS - Out of respect for others in attendance, please limit your comments to 10 minutes or less. This is the date and time for a public hearinQ for Truth in Taxation. Notice was published in the Stillwater Gazette on November 24. 2008. City Administrator Hansen gave a presentation highlighting the proposed 2009 budget and tax levy. He noted the proposed budget and taxes are up slightly from last year, but the tax rate, the rate that determines the amount of the properties taxes, is down somewhat. He also noted that despite a drastic decrease in construction projects, the City's taxable market value is up from last year. He briefly highlighted services provided by the City, revenue sources, levy limits, and operating expenditures. He pointed out that the City had to eliminate three full-time positions to balance the '09 budget, with the majority of the budget at a 0 percent increase over last year. He reviewed a chart indicating the historical trend in declining state aid and increasing dependence on property taxes to fund local services and a flow chart showing how property taxes are determined. He concluded by comparing the 2008 and 2009 tax rate and a comparison with neighboring municipalities. He invited residents who would like further information to contact him or Finance Director Harrison at City Hall. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Case No. 08-46.This is the date and time for a public hearing to consider a request from the City of Stillwater for a zoninQ text amendment to the siQn reQulations. Section 31-509. Subd. 8. related to siQnage in the BP-Business Park zoninQ district and any variances related thereto. Notice was published in the Stillwater Gazette on November 21. 2008. Community Development Director Turnblad reviewed the proposed change to signage regulations for the West Business Park area of the City. He noted two basic changes are proposed - allowing both a wall sign and free-standing sign and limiting total square footage of all signage on one property to 15 percent of the front wall size with a maximum of 300 square feet. He said both the Planning Commission and Heritage Preservation Commission worked on the proposal and are recommending approval. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 6 of 11 City Council Meeting December 1, 2008 Mayor Harycki asked if the new regulations would apply to the area by the Associated Eye Clinic, noting there had been an issue with signage in that area. Mr. Turnblad stated that the signs of issue would be allowed under this proposal. In discussion, it was noted that the area west of County Road 5 is a different zoning district, Research & Development, rather that BP-Business Park. Rather than changing the language in this amendment to include R&D, Councilmember Milbrandt suggested developing similar signage regulations specific to that zoning district. Councilmember Polehna verified that the Heritage Preservation Commission had considered the p~oposal. Mr. Turnblad stated that although the HPC took no formal vote, that Commission's comments were incorporated into the language of this proposal. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna approving the first reading of the ordinance and to direct staff to develop a draft of an ordinance for the R&D District. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for a public hearinQ to consider approvinQ the Review Draft of the 2030 Comprehensive Plan. Notice was published in the Stillwater Gazette on November 25. 2008. ' Community Development Director Turnblad noted the Council has seen the draft pf the 2030 Comprehensive Plan on several occasions. In addition, the Joint Board, Planning Commission, Parks Commission and Heritage Preservation Commission have reviewed the chapters pertinent to their areas and have recommended approval of the review draft. Mr. Turnblad also spoke of the many hours spent by the steering committees and community input that has gone into the document. While the Planning Commission held the required, official public hearing on the document, he stated that staff felt it might be appropriate for the Council to hold a hearing as well to hear any concerns the public might have first-hand. Mr. Turnblad reviewed the timetable for final adoption by the Council. . Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Motion by Councilmember Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-168, approving the review draft of the 2030 Comprehensive Plan. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 7 of 11 City Council Meeting December 1, 2008 UNFINISHED BUSINESS Capital Purchases City Administrator Hansen noted that at the last meeting, items 7.12 of the Consent Agenda were pulled for discussion due to the Council's direction to institute a capital expenditure freeze, giving the City Administrator discretion to make recommendations on purchases. He stated he had reviewed items 7-12, with his recommendations included in the packet; and recommended approval of the majority of the purchases, but recommended that two of the requested purchases not be approved. Councilmember Polehna asked Public Works Director Sanders how frequently the City borrows traffic counters from the County. Mr. Sanders stated that varies, but noted that in 2009, the City has to do traffic studies on all of its state-aid streets. Councilmember Polehna asked if the City would be able to keep the counters for an extended amount of time, speaking of the staff time involved in continually picking up and returning borrowed counters. Mr. Sanders said the City has not utilized the County's equipment on a regular basis, but pointed out that the vendor had offered the City a very good price on the equipment. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008-169, approving the purchase of capital outlay items, as outlined in Mr. Hansen's memo. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval to donate Frisbee Golf Equipment to Stillwater Junior Hioh School Community Development Director Turnblad reviewed the request for the City to donate the Frisbee golf equipment to Stillwater Junior High. He state'd during the initial consideration of the request, two issues were raised - approval of the original donor of the equipment and review by the Parks Commission. Those two issues have been satisfied, he stated: the Sunrise Rotary Club has given the OK of the transfer of the equipment to the Junior High and the Parks Commission has recommended approval of the request on a 6-0-1 vote. Motion by Councilmember Polehna, seconded by Councilmember qag to adopt Resolution 2008-170, approving the donation of Frisbee Golf Equipment to Stillwater Junior High. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 8 of 11 City Council Meeting December 1, 2008 NEW BUSINESS Possible appointment/reappointment for PlanninQ Commission (Resolution - Roll Call) City Clerk Ward stated that interviews for the Planning Commission were held and the recommendation is to appoint Dave Middleton, John Malsam and Michael Kocon. Ms. Ward stated the interview committee also recommended that the position previously held by Erica Fultz be re-advertised to have more balanced Ward representation on the Commission. Ms. Ward stated the position has been re-advertised, with applications due by December 8. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-171, approving appointments to the Planning Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment/reappointment for Park & Recreation Commission City Clerk Ward stated interviews were held and the recommendation is to reappoint Linda Amrein, Scott Christensen and Sandy Snellman to the Parks and Recreation Commission. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-172, approving appointments to the Park & Recreation Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of acquisition of property in the Myrtle Street Ravine Public Works Director Sanders told the Council that staff has been looking at doing a project, the Myrtle Street ravine project, in the area south of Myrtle Street, east of William down to Sixth Street. He said the ravine has been subject to significant erosion over the years, and there is currently no way to catch the sediment that is eroding away. He said the project would involve installing a storm sewer conveyance into a pond that would trap the sediment before it flows into the St. Croix River. Most of the work would be done on City property, but toward the western portion of the project area, there are two privately-owned properties the City would have to work in. He said staff has contacted the two property owners in question, and one of them has indicated a willingness to sell his property (two parcels) to the City. Mr. Sanders said the parcels are vacant, non-buildable parcels. He said the two parcels have been offered for a purchase price of $2,500. Page 9 of 11 City Council Meeting December 1, 2008 Councilmember Polehna asked if this purchase would impact the possible purchase of the other property. Mr. Sanders stated this particular property owner just gave the City the price; he noted that the City received an estimate for an appraisal of the property of $900. Mr. Sanders also noted that the City would only need about a 20' wide strip of land from the other property owner. ' Motion by Council member Nyberg, seconded by Councilmember Gag to adopt Resolution 2008-173, resolution approving the purchase of Lots 9 and 11, Block 12, Thompson, Parker and Mower's Second Addition from Kennth F. Seefort Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Donation -Washinoton County Historical Society City Administrator Hansen stated he had received a request for a donation from the Washington County Historical Society. He noted this would be a non-budgeted item. Mayor Harycki asked if the City had made a donation of funds in the past. City Attorney Magnuson pointed out the City had purchased the Boutwell Cemetery from the Society, which was a conveyance of land rather than donation, but which did support the Society's efforts for a number of years. Council member Milbrandt stated that he thought it odd that the City had never come up with support of the Historical Society and spoke in favor of a five-year plan to provide the Society with some stability over the next several years. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to commitment of $10,000 over the next five-years. Mayor Harycki said he could see supporting the Historical Society's efforts but not committing to a five-year plan at this time, outside of the regular budget process. Councilmember Nyberg spoke in favor of Councilmember Milbrandt's approach to give the Society some stability. Councilmember Gag agreed that supporting the Historical Society would be a worthy contribution, but agreed it should be done in conjunction with the budget-setting. Councilmember Milbrandt withdrew his motion and Councilmember Nyberg his second. Councilmember Polehna expressed a concern about setting a precedent, given the expected magnitude of the state budget shortfall; it was noted the motion was for a one- time donation, with the Society to present a proposal for consideration in the next budget process when the financial picture will be clearer Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2008-174, approving donation to the Washington County Historical Society, a one- time donation of $1,000 and request that the Historical Society prepare a proposal for consideration by Council in August 2009. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 10 of 11 City Council Meeting December 1, 2008 COUNCIL REQUEST ITEMS Councilmember Polehna asked City Clerk Ward if the City h~d advertised for openings on the Human Rights Commission. Ms. Ward said that has been done and she is waiting for a response from the Chair. Ms. Ward said appointments will be on the next meeting's agenda. Councilmember Gag thanked the Fire Department for its participation in the annual Twinkle Parade. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 8:10 p.m. All in favor. ATTEST: ~ d&:b~. Diane F. Ward, City Clerk Resolution 2008-163, directing payment of bills Resolution 2008-164, accepting work and ordering final paymentfor Phase II Utilities Project (Project 2006-09 A & B) Resolution 2008-165, approving maintenance agreement with PWC for Public Works Radio System Resolution 2008-166, adopting Lake Elmo Bank assessment Resolution 2008-167, accepting quotation and awarding contract to A-1 Maintenance for snow removal services for 2008-09 Resolution 2008-168, approving the review draft of the 2030 Comprehensive Plan. Resolution 2008-169, approving the purchase of capital outlay items Resolution 2008-170, approving the donation of Frisbee Golf Equipment to Stillwater Junior High Resolution 2008-171, approving appointments to the Planning Commission Resolution 2008-172, approving appointments to the Park & Recreation Commission Resolution 2008-173, resolution approving the purchase of Lots 9 and 11, Block 12, Thompson, Parker and Mower's Second Addition from Kennth F. Seefort Resolution 2008-174, approving donation to the Washington County Historical Society, a one-time donation of $1 ,000 Page 11 of 11