HomeMy WebLinkAbout2010-06-01 CC MINater
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TIE IIITMPLACE OF MIIIEIIIIJ
MINUTES
CITY COUNCIL MEETING
Council Chambers, 216 North Fourth Street
June 1,2010
REGULAR MEETING 4:30 P.M.
Mayor Harycki called the meeting to order at 4:30 p.m.
Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Staff: City Administrator Hansen
City Attorney Magnuson
Public Works Director Sanders
OTHER BUSINESS
Workshop — Brown's Creek Watershed District
Craig Leiser, president of the Brown's Creek Watershed District, called the
special joint meeting with the City Council to order. He noted that all Brown's
Creek managers were present with the exception of Mr. Johnson. It was noted
that David Beaudet was present, representing the Middle St. Croix Water
Management Organization, along with the Middle St. Croix WMO administrator,
Amy Carolan.
Summary of 2009 water aualitv data
Prior to the presentation of the data, Karen Kill, Brown's Creek administrator, and
Ms. Carolan reviewed the jurisdictions of the two organizations. It was pointed
out that the Middle St. Croix is a joint powers agreement with 10 communities
from Stillwater to Afton; in Stillwater, it monitors McKusick Lake, Lily Lake and
Brick Pond. Brown's Creek Watershed District has jurisdiction over Brown's
Creek itself, along with Long Lake and the tributary toward the McKusick Lake
diversion structure, Ms. Kill explained.
Ms. Carolan reviewed the water monitoring data for Brick Pond, highlighting total
phosphorus content and Secchi transparency. Overall, she reported that the
water quality grade improved from a C to a B- in 2009. Lily Lake received an
overall water quality grade of B +, also an improvement from the year prior. She
stated that while at this time no significant trend can be determined for water
quality at Lily Lake, monitoring indicates that, in the short-term, total phosphorus
content is decreasing; and that Secchi transparency readings also were within
the eco region threshold. McKusick Lake does show a statistically significant
improving trend for average Secchi transparency as well as average total
phosphorus. She said the overall grade for McKusick improved from a C+ to a B
between 2008 and 2009.
City Council Meeting June 1, 2010
Ms. Kill reviewed the data for Long Lake. She said in 2009, for the first time,
monitoring was done in three locations to determine if the data from the deepest,
most northern part of the lake is representative of the entire lake. She said there
is a statistically significant improving trend for the lake for both average Secchi
transparency and total phosphorus; the overall grade for the lake in 2009 was a
C +. She noted that readings for the middle and southern most portion of the lake
were slightly poorer than the deep portion and that monitoring at three different
locations will be continued in 2010.
On a question by Mayor Harycki, Mr. Leiser noted that all of the lakes in question
are on the edge of being called eutrophic; a lake considered to be near the end
of its natural life cycle, shallow and filled with organic debris and with no
significant external water supply. He stated with no external water supply, you
are forced to deal with water is coming into the lake through runoff, which is what
the watershed district has been doing, starting with Long Lake and its feeders, all
of the little frontage ponds. By trying to control input from those feeders, the
quality of Long Lake is improving along with the water that comes out of Long
Lake. Mr. Leiser spoke of the city's AUAR plan and concern about water quality
that resulted in the construction of the diversion structure that diverted water from
Long Lake from flowing directly into Brown's Creek to flow through McKusick. He
stated that there is great concern about the quality of water coming from Long
Lake so it does not negatively impact the quality of McKusick. He noted that
scientifically, Lake McKusick water quality is improving; one of the problems, he
said, is that as water quality improves, light is able to penetrate farther down into
a lake, which leads to plant and algae growth at a greater depth. He said there
are some subsidiary sources of phosphorus from the exit of Long Lake through
the Jackson Wildlife Management Area through the wetlands that lead up to the
diversion structure. Mr. Leiser continued by saying that there are some limited
springs in the area of the diversion structure and that the Brown's Creek
Watershed District has asked its consultant, Emmons & Olivier, to do a more in
depth analysis of the diversion, what is happening and what more can be done to
improve water quality.
Diversion drainage analysis
Cecilio Olivier, Emmons & Olivier, reviewed the summary of the diversion
drainage analysis. He said the study looked at the sampling data from the three
main branches draining into the diversion structure. He reviewed the project
approach and data preparation. He said the analysis indicates from downtown
stream to upstream the total suspended solids and total phosphorus increase as
you get closer to the diversion structure. He said the water quality coming out of
Long Lake is pretty good, and he said the quality at the diversion structure is not
too bad. He stated that the conclusion is that there is a significant amount of
wetland before the diversion structure that acts as a buffer and significant
amount of groundwater that dilutes both total suspended solids and total
phosphorus. He suggested that to improve the quality of the water coming out of
the diversion structure, efforts should be concentrated in the area of
developments that took place before rules were in place to determine which
discharge points, and which particular developments are producing the increases
in suspended solids /total phosphorus. He stated that rather than do a big project
Page 2 of 19
City Council Meeting June 1, 2010
at the diversion structure, a more reasonable approach would be to pinpoint the
discharge areas that are contributing to the problem. He noted, for example, that
while the Long Lake /Jackson area represents about half of the area, it
contributes very little to the total loads. On the other hand, the Boutwell area
contributes just 6% of the drainage area but 12% of the total loads and the west
branch, which is just 1% of the total area, contributes 20% of the total loads. His
presentation also reviewed historical data for McKusick Lake, which seem to
indicate that the total Toads coming from the diversion structure have not had a
significant effect on the water quality of McKusick Lake. There was discussion of
the possible impact of the recent low rainfall years on the results. He said results
show that Lily Lake also has a higher impact on loads versus total drainage area
to McKusick. He said the conclusion is the recommendation to do further
monitoring of specific areas, a targeted approach.
Mr. Leiser said the watershed district is moving monitoring sites upstream in an
effort to identify where the phosphorus concentrations are coming from and to
identify where it might make sense to put in treatment facilities of some type or
another.
Bruce Werre, McKusick Water Association chair, stated that the snowmelt
flushing at the diversion structure has not been addressed and that is where the
phosphorus and subsequent algae blooms is coming from. He said the snowmelt
at the diversion structure has the highest total suspended solids and phosphorus
and is responsible for the algae blooms. He also stated that no one is addressing
the aesthetic problem on the lake, and expressed his frustration with the
condition of the lake, which saw the earliest ever algae bloom.
Mr. Olivier stated that there is a tool in place, the weir, at Long Lake that can be
used to manage snowmelt volumes from that body.
Bob Olson asked who is responsible for the "sewer- looking" appearance of
McKusick Lake. He said it seems there are so many entities involved that no one
has responsibility.
Mayor Harycki stated all those represented at the meeting — the City, Brown's
Creek Watershed District and Middle St. Croix WMO share responsibility. Mayor
Harycki pointed out that before the past few years; there hadn't been a lot of
face -to -face conversations between the three parties such as this joint meeting.
Mr. Olson asked about the plan to correct the appearance of the lake — the cost
and when it will be done.
Mr. Beaudet noted that McKusick Lake is in the Middle St. Croix WMO and is
managed by a 10 member board. He stated that according to the joint powers
agreement of the WMO, it is the City of Stillwater that will ultimately make a
decision /proposal on a management plan of action and it also will be up to the
City to fund any proposal based on the joint powers agreement. He stated that
the St. Croix WMO will just be looking over the City's shoulder to make sure that
St. Croix Watershed rules are followed. He reiterated that the funding will solely
be borne by the City of Stillwater as stated in the Joint Powers Agreement. Mr.
Beaudet talked about the unintended consequences of cleaning up the sediment
in the lake — allowing sunlight to penetrate, which generates the algal blooms.
Page 3 of 19
City Council Meeting June 1, 2010
Mayor Harycki said the frustration in deciding on a plan has been the need to
pinpoint the source of the problem, referring to the recently presented studies
which indicate that 2% of the drainage area is contributing 20 -30% of the
phosphorus load.
Water quality improvement proiects
Ms. Kill spoke of the many small projects, 151 since 2007, that the Watershed
District, the City and WMO have completed, many through grants with
participating homeowners, that have resulted in an annual phosphorus reduction
of about 230 pounds from the overall system. She said one larger project
resulted in the removal of about 30 pounds of phosphorus annually from the
Curve Crest holding pond. She said it is estimated that a 1 pound reduction in
phosphorus can result in the reduction of 300 -500 pounds of algae so the
projects that have been completed represent a significant accomplishment.
Ms. Carolan stated the Middle St. Croix WMO received a grant from the Board of
Soil and Water Resources for a storm water audit program, an educational
program targeted at residents living along Long Lake, Lily Lake, McKusick Lake
and Brown's Creek to inform residents of actions they can do on their own
properties to help clean up the water bodies. She said residents received a
mailing offering them the opportunity to have folks from the Watershed come out
and walk their property with them and talk about things they can do to improve
water quality. She stated an open house was held for residents around Lily Lake
to talk about issues related to storm water runoff; this summer and that the WMO
will be doing a sub - watershed assessment within the Lily Lake and McKusick
Lake sub - watersheds to look at projects the WMO might be able to take on
through its best management practices program, to target projects to get the
most bang for the buck.
Mr. Leiser spoke of the little changes everyone can make to improve water
quality and the personal responsibility that everyone bears in correcting the
problems.
Councilmember Roush asked whether it was correct that lawn fertilizers no
longer contain phosphorus.
Mr. Leiser said state statute prohibits phosphorus in lawn fertilizer but products
containing phosphorus are still available in Wisconsin and can still be purchased
in many stores as phosphorus is allowed for agricultural use, as well as in
products for establishing new lawns on bare ground.
Councilmember Roush suggested that the City should look at regulating the use
of phosphorus- containing products and /or enforcing the ordinance already in
place that bans the use of such products.
Councilmember Roush asked whether it is the City's responsibility to remove the
vegetation of concern to residents or if that will ultimately disappear with the
removal of the phosphorus.
Mr. Leiser said there is a joint project going on now along the eastern side of
Long Lake which involves replanting of native species of plants both for erosion
control and to trap runoff as it comes in from Croixwood on the east side of the
lake.
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City Council Meeting June 1, 2010
A McKusick Lake resident asked what is going to be done in the short-term to
deal with the algae /vegetation growth, saying his property values will be affected
and the City will lose tax base and felt there should be more action, like
harvesting, and less paperwork.
Mayor Harycki spoke of the City's budget problems and the decision to look for a
long -term solutions rather than expending money on a Band -Aid approach, such
as harvesting of the weeds.
There was discussion as to how many years it might take for McKusick Lake to
reach a point of equilibrium.
Councilmember Roush asked whether harvesting the lake on a regular basis
would be of benefit or if the problem would keep coming back.
Mr. Olivier responded that it is an illness — if the illness is not cured, the
symptoms keep coming back.
A McKusick Lake resident said the algae problem improved the year following
harvesting; he also questioned the suggestion that sunlight can get through the
"crud" that is on the lake. There was a question as to whether golf courses in the
drainage area are being monitored for phosphorus.
Mayor Harycki asked if there is anything that can be done right now that will be of
benefit, other than harvesting and small little projects.
Mr. Leiser said Brown's Creek Watershed will continue to small projects with
cooperating landowners with each such project having a cumulative effect and
that the District will continue to monitor in more finite detail to try and discover
that single source where the water is coming in loaded with phosphorus and treat
the water at that point.
Margaret Boettcher expressed concern about landowners encroaching into the
parkland along the east side of Long Lake between Nightingale Boulevard and
Marine Circle, where certain property owners have been clear cutting beyond
their property down to the Lakeshore, as well as blocking public access to the
parkland. She provided a petition asking the City Council to enforce the
boundaries, put up signage and restore the park access.
Mayor Harycki said City staff would work on this problem.
Other opportunities for collaboration
Mr. Leiser spoke of the presence of buckthorn along Long Lake and said he
thought a buckthorn removal project would be a good collaborative effort. Mr.
Leiser noted that Brown's Creek itself is an impaired water body due to low
oxygen level, high sediment value, as well as impairment due to high copper
content. He said it appears the copper content is from runoff from properties
where copper sulfate containing algaecides have been used to treat small,
private ponds and storm water holding ponds.
Ms. Kill noted that the Watershed District has spoken with the golf course
regarding best management practices to avoid the use of copper containing
products; and noted the Watershed District had received a grant to work with
Page 5 of 19
City Council Meeting June 1, 2010
Stillwater Country Club on water quality improvement projects aimed at reducing
total suspended solids.
Mr. Leiser said the Watershed District will continue its monitoring efforts for
Brown's Creek, Long Lake and the other bodies and water transport bodies
between Long Lake and the diversion structure and will expand its monitoring in
an effort to identify the source of the phosphorus input. He noted that alum
application is not very effective in a slow- moving body. He said there is new
technology coming out of the University of Minnesota that involves a sand /iron
filter that apparently on small processes has the ability to trap phosphorus in the
iron fillings and that technology will be looked at as a possibility for use in
drainage ditches, but said further research will be needed to determine whether
that technology is applicable to the McKusick Lake loading.
Councilmember Roush, said as the representative for the McKusick Lake
residents, he would be advocating for them during budget time in an effort to set
aside funds for some harvesting or some action to address the problem at the
lake.
Ms. Carolan suggested folks can work with their neighbors to implement best
management practices and said Middle St. Croix staff would be happy to be of
assistance.
The Brown's Creek Watershed District meeting was adjourned on a motion by
Mr. Vanzwol.
Mayor Harycki recessed the City Council meeting at 6:30 p.m.
RECESSED MEETING 7:00 P.M. AGENDA
Mayor Harycki called the recessed meeting to order at 7 p.m.
Present: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Staff: 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
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
May 18, 2010, regular meeting minutes. All in favor.
Page 6 of 19
City Council Meeting June 1, 2010
OPEN FORUM
Bruce Werre, 1314 Meadowlark Drive, representing the Lake McKusick Water
Association, showed photos of the algae bloom on the lake. He talked about the
short-term solutions, such as treating the lake with alum, as well as filtration at
the diversion structure and harvesting the algae, perhaps by the City in
cooperation with volunteers. He also mentioned the possibility of the application
of barley bales. He asked that during the budget cycle, a certain amount of the
storm water fees be dedicated to the aesthetic cleanliness of the City lakes. He
suggested the possibility of using the taxing authority of the Brown's Creek
Watershed District to help fund a short-term solution, as well as continuing to
apply for grants and other outside sources of funding. He said it is time to do
something in the short term and treat the lake like the park that it is.
Mayor Harycki asked Mr. Werre to pass along information he might have, such
as the cost of the barley bales, to the City Engineer.
STAFF REPORTS
Police Chief Gannaway reported the Stillwater Marathon held the previous
weekend was relatively incident free; he noted the course was shortened about 4
hours into the race due to the medical concerns regarding the heat. He said there
were several minor complaints received about the marathon. He reminded the
community that the Department was participating in the Safe and Sober
campaign for seat belt use and urged folks to buckle up.
At the request of Mayor Harycki, Chief Gannaway explained the Safe and Sober
program, which is funded by the state.
Fire Chief Glaser stated his department was busy during the Memorial Day
weekend with several motor vehicle accidents, the first St. Croix River distress
call of the season, as well as the marathon.
City Clerk Ward reported on the tremendous success of the recent hazardous
waste collection event. She thanked the Public Works employees for their efforts
at the event. Councilmember Polehna thanked Ms. Ward for her organization of
the event and has heard positive comments. Ms. Ward reported on the
candidates who had filed for the upcoming elections; she noted there will be a
primary for the mayoral election.
Mayor Harycki noted that Councilmember Gag had not filed for re- election and
expressed appreciation for Mr. Gag's service.
Community Development Director Turnblad reported that the parking ramp has
averaged about 72 sales per day, about a quarter of the available spaces. He
said it is hoped sales will go up during the upcoming summer season and noted
the directional signage will be installed soon. He said the largest ramp revenue
source has been the monthly parking permits. He stated that the overall numbers
are low but that was expected in the first year. Mr. Turnblad said the Metropolitan
Council's population estimate for the City is 18,200, with 7,200 households.
Finance Director Harrison said the department is finalizing the financial
statements, which will be presented at the next Council meeting. She said staff is
also working on the 2011 budget and that process is currently on schedule.
Page 7 of 19
City Council Meeting June 1, 2010
City Administrator Hansen reported that he had received a number of positive
comments on the marathon. He also said staff is continuing to work on some
problem properties.
Page 8 of 19
City Council Meeting June 1, 2010
CONSENT AGENDA
1. Resolution 2010 -80, directing payment of bills
2. Resolution 2010 -81, a resolution adopting the 2030 Stillwater
Comprehensive Plan Update
3. Resolution 2010 -82, resolution authorizing execution of agreement with
Minnesota State Patrol relating to Safe & Sober
4. Possible approval of temporary liquor license — September 12, 2010 — St.
Mary's Church
5. Replacement of turf at the St. Croix Recreation Center
6. Resolution 2010 -83, approving Minnesota Premises Permit for lawful
gambling for American Legion Post 491, located at the Cherry Bowl, 317
Main Street South, Stillwater, MN
Councilmember Roush asked about item No. 3, whether there is anything in the
Comprehensive Plan that relates to the item on the agenda regarding the School
District's request for a Comp Plan and Zoning Map amendment.
Mr. Turnblad said the Comprehensive Plan includes a future land use map which
might have to be changed depending on the Council's action.
Mayor Harycki asked whether action on this item should be pulled; Mr. Turnblad
said until the Comp Plan update is adopted, the Metropolitan Council will not
consider amendments to the plan.
Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve the
Consent Agenda as presented.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
PUBLIC HEARINGS
This is the date and time for the public hearing to consider the issuance of a new wine
with strong beer liquor license to Oasis Cafe, Inc.. DBA: River Oasis Cafe. located at
806 Main Street S. Applicant: Craig_ Beemer. Notice was published in the Stillwater
Gazette on Mav 19, 2010.
City Clerk Ward noted that approval should be conditioned on approvals by
police, fire, finance, building department and Minnesota Liquor Control.
Mayor Harycki opened the public hearing. No comments were received, and the
hearing was closed.
Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt
Resolution 2010 -84, approving the issuance of a new wine and strong beer liquor
license (River Oasis Cafe).
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Page 9 of 19
City Council Meeting June 1, 2010
Case No. 2010 -16. This is the date and time for a public hearina to consider a request
from BWBR Architects. representina Stillwater Area Public Schools. Raymond Queener,
for a Comprehensive Plan Amendment and Zonina Map Amendment to amend the area
located at 1850 South Greeley. 1792 South Greeley. 1862 South Greeley, 1825 and
1845 Industrial Blvd from Business Park Industrial District to Business Park Commercial
District and anv variances related thereto. Notices were mailed to affected property
owners and published in the Stillwater Gazette on Mav 21, 2010.
Community Development Director Turnblad reviewed the request for a rezoning
to accommodate the District's early childhood /family education programming. He
noted there are five parcels involved, three on Greeley Street with existing
buildings and two vacant parcels on Industrial Boulevard; the proposal is to
rezone the three properties on Greeley from industrial to commercial and leave
the two vacant properties zoned as they currently are — zoned industrial.
On a question by Mayor Harycki, Mr. Turnblad reviewed the existing land uses,
noting there currently are many properties throughout the area that are zoned
industrial but utilized for non - industrial /commercial uses. Mr. Turnblad noted
when the Planning Commission looked at the proposal, the request was to
change all five of the parcels to commercial and there was a lot of discussion and
concern about spot zoning. He stated that proposal has changed to rezone just
the three parcels on Greeley Street, and the School District has expressed a
commitment that the vacant parcels would not be used for school activity
purposes. He said staff believes this proposal is much more acceptable and if the
Council approves, there are three conditions staff would recommend — any Comp
Plan or rezoning doesn't become effective until a special use permit is issued;
when the special use permit application is made, the traffic impact study must be
submitted as well; and that the two parcels north of the former UFE site remain
zoned commercial rather than switch to industrial as indicated in the updated
Comp Plan.
Councilmember Roush asked about the implications for an existing TIF district
and the loss of the properties from the tax rolls.
City Finance Director Harrison said two of the five parcels in question are in TIF
District 1 and generate about $69,000 in TIF revenue, with no dedicated projects
for that revenue at this point. She said TIF District 1 will be required to be
decertified in 2011 and go back to the general tax rolls, so a portion of that
$69,000 will go back to Washington County and the School District.
On a question by Mayor Harycki, Ms. Harrison noted that TIF funds can only be
used on specific projects in the TIF District and are not a part of the City's
general fund. She continued by stating that once a TIF district is decertified and
the funds redistributed back to the various taxing districts, the City can use those
funds for whatever purpose it chooses — to pay off bonds, for street improvement
projects, etc.
Raymond Queener, Assistant Superintendent for Business and Administrative
Services for Stillwater Area Public Schools, reviewed the proposed project. He
said the primary immediate interest would be to remodel the main UFE facility to
house the district's Early Childhood program, Courage Center St. Croix's
pediatric programs and Northeast Metro 916's oral and auditory program and
Page 10 of 19
City Council Meeting June 1, 2010
potentially a private child care. He reviewed the mission and services of the early
childhood programs. He spoke to the collaborations involved in the project,
noting that 27 percent of the clients served are shared among the collaborative
partners; co- locating the agencies provides a great asset for parents and a more
efficient operation for the School District. He spoke to rezoning issues, noting
that Greeley Street currently has a commercial feel to it. He reviewed the
proposed uses of the existing buildings, pointing out that two of the buildings
would be used as they were by the former owner — one building for storage and
another for office space. He talked of the proposed use for the vacant parcels to
the west, a third access into the property for parent drop -off and the few special
education buses that transport students; and there will be no programming or
student use taking place on those parcels. He addressed the issue of the number
of employees and time of operation. He briefly addressed the issue of tax
revenue, noting that the UFE properties represent about .2% of the tax base, and
he pointed out that the early childhood family center is viewed as a point of
destination with the services provided serving a broad population with brings
parents and families into town. He also noted that the proposed collaboration will
reduce the amount of money the school district will have to levy against district
residents. He spoke to the project timeline should the Council approve the
request, and he spoke to the many areas of cooperation with the City.
Councilmember Polehna noted the City is looking for a fire station site in the area
of the Jaycee ball fields and wondered whether the School District could help out
the City in the long term; Mr. Queener suggested that given the past record of
cooperation, it is something that could be discussed further.
Mayor Harycki opened the public hearing.
Paula Heemer, 855 Eagle Ridge Lane, Stillwater, early childhood special
education lead for the School District, spoke of the importance of early childhood
education and the advantage of the proposed partnerships with Courage St.
Croix and Intermediate School District 916. She urged the Council to support the
requested rezoning.
Diane Polasik, 14220 94 St., donor advisor for the Lee and Dorothy Whitson
Foundation, stated the Whitsons gave a bequest to the Stillwater Area Schools in
2002 specifically for a new early childhood family center. She spoke of the
Whitson connection to the Valley and their support of education, noting that in
addition to the initial $1 million bequest they later gave another $1 million
endowment fund to provide for ongoing early childhood program development.
She, too, spoke of the importance and potential of early education and urged the
Council to support the request.
George Hoeppner, 6175 Paris Ave., Chair of the School District 934 School
Board, reviewed the School Board's initial concerns about the value of the
programming, the cost to taxpayers and the desire to utilize existing buildings
that are centrally located. He noted that research has shown that investments in
human capital prior to kindergarten provide a high public return and can make a
substantial impact on the success of children's future as students, workers and
citizens. He noted that various options were screened until it became obvious
that the best value for the money was the Greeley site under discussion. He said
Page 11 of 19
City Council Meeting June 1, 2010
the School Board unanimously agreed to take advantage of an existing empty
building that could be remodeled for ECFC use, which allows the green space to
be developed later as the Council sees fit. He said it is the School District's intent
to be good stewards of the property. He said in the end the School Board agreed
unanimously that the Greeley Street site answered all of its concerns and would
create a positive impact for both the City and the School District. He urged the
Council to provide stability along Greeley Street by supporting the District's
efforts to invest in the future of the St. Croix Valley. He, too, suggested that the
School District would be willing to look into the possibility of assisting the City
with the fire station site mentioned by Councilmember Polehna if at all possible.
Peter Polga, director of Courage St. Center St. Croix, spoke of the strong
collaboration that Courage St. Croix has had with the School District. He said a
primary stressor for families is the concern regarding the fragmentation of
services and lack of coordination among services for their children. He informed
the Council that model will help to address that by bringing a number of programs
together under one roof. He spoke of the advantages of the UFE site and stated
they are very excited about the program both from the model of service and from
the business model and ability to transfer some of its services.
Antoinette Johns, director of special education services for 916 Intermediate
School District, spoke of 916's mission to provide special education services to
its member districts. She noted that the program has moved 5 times in 8 years.
In order to serve families with a consistent program model and to have
commitment to the program from families and that consistency of space and
location is needed and that his proposal would afford that opportunity as well as
providing a cost savings as 916 would not have to ultimately invest in its own
facility. She also spoke of the savings in the return on investment in early
services to children.
Jay Fuhrman, manager of services for deaf and hard of hearing for 916 and the
person responsible for the auditory /oral program, spoke of the benefits of serving
children with hearing losses at a very early age. He also spoke of the advantage
of co- locating with the ECFE program in having children with hearing loss interact
with children who have language ability.
Dick Olsen, former owner of G.W. Olsen Construction building on Greeley Street,
said he could not think of a better use of this property for the common good of
the City and the entire School District. He said he fully endorses the project.
Sherwood Forest Commercial LLC. owner of the property at 1902 -1906 Greeley
St., the G.W. Olsen building, said he was a "cautious" supporter of the project.
He said he has been meeting with School District officials to better understand
how this project might affect his customers, his tenants, as he wants to make
sure they are protected in this process. He noted that one of his tenants, Knights
of Columbus, had an agreement with UFE regarding the use of parking and
green space in order to host weddings, etc. He stated that he would like to see
that relationship continue and it appears the School District is willing to do so. His
concerns are the fact that there are some liquor licenses for the property, about
their future licenses and future complaints about children being around things
that are in an industrial zone or liquor. He said he would like to see protections
Page 12 of 19
City Council Meeting June 1, 2010
for legitimate uses that his tenants have and thought those things could be
worked out.
Jim Schulte, CEO and majority owner of Modernistic, said he attended the
Planning Commission and expressed some concerns as they did not know the
nature of all the plans. School District officials visited them and explained some
of the details of the plans. He said he would have some concern regarding some
representations that have been made about the future intentions for the vacant
land and space on Industrial Boulevard and wondered if that could be codified
somehow. He said his prime concerns were with the properties on Industrial
Boulevard.
Orville Johnson, former shareholder of UFE Inc. and member of Johnson Kellogg
Properties LLC, current owner of the former UFE buildings, stated that he was
thrilled that the School District might be able to use these facilities. He said they
were also excited about donating one of the buildings to the School District. He
talked about the history of the site, initially in Stillwater Township, and the history
of the City's industrial park, the difficulty in retaining manufacturing use so that
today only Modernistic and DiaSorin remain. He referred to the staff report which
noted that many non - manufacturing uses have been permitted, including
Stillwater Medical Group, Courage St. Croix and Family Means, to build on
industrial property with special use permits and which cited the contribution of
these entities to the common good of Stillwater and surrounding communities. He
thought the early childhood family center provides a service to the community
and jobs to a staff capable of meeting the needs of families, which fits well with
the type of organizations that have already located in the area now zoned
industrial. He encouraged the Council to approve the request for rezoning and to
change the Comprehensive Plan so the three parcels on Greeley become
Business Park - Commercial.
Heidi Hickey, 1002 S. Third St., spoke of the value of attracting parents to the
City, which will grow if this is approved. She spoke of the service that ECFE has
provided to her family and the community in the past.
Steve Russell, 1417 W. Pine St., spoke of the service provided and the benefit to
the community provided by ECFC. He suggested that Stillwater is a small town
that at its core is historic and a family community. He said he thought this use fits
into those core values. In terms of land use, he noted that downtown is a mix of
uses that live together successfully. He stated that Greeley Street is a mix of
uses similar to that; he agreed there are issues, such as those raised by the
owner of the adjacent building, that have to be dealt with. He cited the change in
zoning of the former Cub Foods store, now Herberger's, as an example of the
recognition of a changing use that has worked and he thought the rezoning is a
good request and the use is of value to the community.
No other comments were received, and the hearing was closed.
Councilmember Roush asked about the issue of a liquor license within a certain
distance from a school and the legal implications of that.
Ms. Ward said the regulation in the City's liquor ordinance is 500 feet from a
school.
Page 13 of 19
City Council Meeting June 1, 2010
Mr. Queener stated this is not a school and that there has been discussion as to
whether this use meets the definition of a school.
Councilmember Gag said the Planning Commission struggled with the issue of
the definition of a school and that the Planning Commission was looking at more
of a daycare use considering the age level of the students involved.
Councilmember Roush asked whether an agreement regarding the arrangement
with Modernistic could be worked out in the special use permit phase if the
Council approved the rezoning.
City Attorney Magnuson said he thought a development agreement could be
reached with the School District to deal with some of the peripheral issues,
including the liquor license issue.
Councilmember Gag, Council representative on the Planning Commission, noted
that group's function is to look at zoning and members spent many hours on the
Comprehensive Plan update, and that he had concerns on behalf of Modernistic.
He felt that ECFE is a wonderful program that has meant a lot to this family. He
stated that the three conditions of approval are important but would need more
teeth into it as it relates to Modernistic; and he would support the project and
relate to the Planning Commission that they did a good job in its deliberations of
this project.
Councilmember Polehna said he has always been a firm believer that children
are the future and has always worked to make the community better for the kids;
he spoke of the value of the School District to the community.
Regarding the tax revenue issue, Mayor Harycki suggested this is a matter of
transferring dollars from one pocket to another and will have little impact on the
taxpayer as a whole; he also spoke of the advantage of this site and keeping
traffic associated with the use out of a residential area. Mayor Harycki noted that
it is programs like this that add to the quality of life in a community.
Councilmember Roush said he thought the Council had done its due diligence
regarding the tax revenue issue and he thought supporting this is the right thing
to do for the community.
Motion by Councilmember Roush, seconded by Mayor Harycki to approve the first
reading of the ordinance for rezoning to BP -C, with the Comprehensive Plan
amendment changing the guided use from Industrial to Commercial; developing a
development agreement between the School District and Modernistic and pending
review of the state liquor law; and including the three conditions stated in the staff
report.
Councilmember Polehna said he thought the development agreement should
include more than Modernistic.
Councilmember Roush amended his motion to include other interested adjacent
properties in a development agreement, Mayor Harycki agreed to amend.
Councilmember Cook said no one questions that this is a great program, reuses
existing buildings and that the area in question does have a commercial feel, but
she expressed concern about taking these properties off the tax rolls. She stated
Page 14 of 19
City Council Meeting June 1, 2010
that she was hoping the City might have been able to strike some type of
economic /financial agreement, perhaps a bridging arrangement for the first
several years. For the taxpayers of Stillwater it is not a matter of taking money
out of one pocket as the School District is much larger, and she noted that this
could amount to the loss of as much as $80,000+ a year. Councilmember Cook,
however, agreed that programs such as ECFE are important to the quality of life
in the community.
City Administrator Hansen said if approved and the properties go off the tax rolls,
TIF and everything, the result is $82,000 removed from the tax base, the levy
wouldn't be shortened by that amount.
City Attorney Magnuson reviewed the state liquor law which states licenses shall
not be issued within 1,500 feet of a public school that is not within a City. He
stated that state law would not prohibit this and if the local ordinance does, that
could be changed to accommodate this if the Council deems appropriate.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Mayor Harycki recessed the meeting at 9:17 p.m.
Mayor Harycki reconvened the meeting at 9:28 p.m.
Mayor Harycki moved the Musser pedal operated cab license item from New
Business.
Possible approval of Musser pedal operated cab license.
Community Development Director Turnblad reviewed the request for a license for
a pedal- operated cab, a bicycle with seats for customers to ride in the back. He
said the business would operate primarily in the downtown area, with the cabs
stored at the applicant's home on West Willard. He said the business would not
require a permanent parking spot either on the street or in parking lots. He said
staff would suggest a condition requiring review upon complaint; he also noted
that, as with all licenses, application must be made on an annual basis. He noted
there is a number of conditions of approval that deal with safety issues.
On a question by Mayor Harycki, Police Chief Gannaway said he would have no
concerns with the proposal as long as the driver(s) follow all traffic and
pedestrian laws.
Councilmember Polehna said he thought the insurance requirement should be
the statutory limit; he expressed a concern about operating on Main Street.
Councilmember Gag said he would suggest that if vehicles are added to the fleet,
the request be reviewed Council.
Mayor Harycki noted that the letter from the applicant indicates that the operation
would avoid Main Street as much as possible so as not to disrupt traffic flow.
Councilmember Cook reiterated Councilmember Polehna's concern about
congestion on Main Street; she raised the possibility of other applications for
such licenses.
Page 15 of 19
City Council Meeting June 1, 2010
Mayor Harycki asked whether the Council could deny future requests or table
pending evaluation of the initial business.
City Attorney Magnuson said that would be possible, and suggested that the
Council could pass an ordinance limiting the number of such licenses.
Motion by Councilmember Polehna, seconded by Councilmember Roush adopt
Resolution 2010 -85, a resolution granting license to Nancy Musser for the operation of
pedicabs on city streets
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
This is the date and time for the public hearina relating to its Storm Water Pollution
Prevention Plan (SWPPPI. The SWPPP was prepared to address the requirements of
the Municipal Separate Storm Sewer (MS41 General Permit. This hearing will consist of
an overview of the SWPPP that was approved on December 28. 2007 and the activities
completed in 2009. Written and oral comments received before or during the meeting
will be considered as the City prepares its Annual Report to the Minnesota Pollution
Control Agency on its SWPPP. Notice was published in the Stillwater Gazette on
April 30, 2010.
Assistant Engineer Kraftson noted this hearing is a requirement of the City's MS4
permit. He briefly reviewed the City's storm water activities related to the 7
minimum control measures required by the MS4 permit in the past year. He
noted that all of the information about the storm water pollution prevention
program is on the City's web site on the engineering department's page. He
invited written comments from the public.
There was discussion about retrofitting parking lots; Mr. Kraftson said the
watershed organization do have requirements for that.
Mayor Harycki opened the public hearing. No comments were received, and the hearing
was closed. No action was required.
Case No. 2010 -09. This is the date and time for the public hearing to consider a
request from Michael Beraum for a variance to impervious surface regulations for the
construction of a house addition located 104 Lakeside Drive in the RB. Two Family
Residential District and any variances related thereto. Notices were mailed to affected
property owners and published in the Stillwater Gazette on May 21, 2010.
Community Development Director Turnblad reviewed the request and site. He
noted that normally variance requests are not heard by the Council but is
required in this instance because the property is located in the river overlay
district. He said the DNR and Planning Commission have both reviewed and
recommend approval of the request with the conditions listed in the staff report.
Mr. Turnblad noted that when the Planning Commission considered the request
there was also a request for an impervious surface coverage variance and that
plans have been modified so that is no longer necessary.
Mayor Harycki opened the public hearing. No comments were received, and the
hearing was closed.
Page 16 of 19
City Council Meeting June 1, 2010
Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt
Resolution 2010 -86, approving variances for a legal non - conforming lot's size and
width -Case No. 2010 -09, 104 Lakeside Drive.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Case No. 2010 -17. This is the date and time for a public hearing to consider a request
from Verna Garrison, T- Mobile. for a special use permit amendment to add antennas
and cables to the existing 100 -ft monopole telecommunications tower for T- Mobile
located at 1790 Washington Avenue in the BP -I. Business Park Industrial District and
anv variances related thereto. Notices were mailed to affected Drop ertv owners and
published in the Stillwater Gazette on Mav 21, 2010.
Mr. Turnblad reviewed the request. He noted that since this is a request for co-
location on an existing tower and that tower meets all applicable performance
standards, Planning Commission and staff recommend approval as conditioned.
On a question by Councilmember Roush, the applicant said the additional
antenna is to provide additional coverage for both voice and data. The applicant
explained that the additional antennas would not change the appearance of the
pole.
Mayor Harycki opened the public hearing. No comments were received, and the
hearing was closed.
Motion by Councilmember Roush, seconded by Councilmember Cook to adopt
Resolution 2010 -87, approving a conditional use permit to co- locate wireless antennas
on an existing communication monopole tower at 1754 Washington Ave for T- Mobile, to
approve as conditioned.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Update on Downtown business refuse auestionnaire.
Mr. Turnblad said cards have been mailed to all downtown property and business
owners inviting them to complete the survey on -line. He said the Chamber has
requested that the deadline for response be extended. He said results would be
brought back at the next Council meeting.
NEW BUSINESS
Possible accepting bids and awarding contract for Stillwater Parkins Ramp Sian.
Mr. Turnblad stated this is the last of the signage on the parking ramp. He
explained the design /construction of the sign. He said the signage has been
approved by the Heritage Preservation Commission.
Page 17 of 19
City Council Meeting June 1, 2010
Motion by Councilmember Polehna, seconded by Mayor Harycki to adopt Resolution
2010 -88, accepting bids and awarding contract for Stillwater Parking Ramp Sign, in the
amount of $2,111.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Councilmember Cook verified that the sign is aluminum rather than a high -
density poly material as described by Mr. Turnblad.
Possible approval of noise variance — Camrose Hill Flower Studio & Farm (233 Second
Street).
City Clerk Ward reviewed the request for a noise variance, noting the date has
not been firmed up yet, either October 16 or October 23. She noted the request
is to allow music, acoustic, not amplified, until midnight. She said the applicant
will be made aware that if the music is too loud, police may come and notify them
it must be turned down.
Motion by Councilmember Gag, seconded by Councilmember Cook, to approve the
requested noise variance. All in favor.
Special Events in Lowell Park.
a. Art in the Park
b. Summer Tuesdays
c. Community Dinner
City Clerk Ward reviewed the special event requests and dates. She noted the
events have been approved by the Parks Commission.
Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the
special events as presented. All in favor.
COUNCIL REQUEST ITEMS
Councilmember Roush brought up the issue of trash dumpsters on public
roadways, pointing out that dumpsters delivered to a private property and left in
the roadway pose a safety hazard. He proposed that the City add some
requirement to the dumpster permit that dumpsters will either have reflective
cones marking its location or appropriate reflective materials.
Public Works Director Sanders stated the City's right -of -way ordinance requires
an obstruction permit to handle the dumpsters /containers and that the
requirement for safety cones or reflectors could be added to that permit process.
Councilmember Roush said he and Mr. Turnblad had met with some concerned
citizens and is in the process of getting input on future pool and fence enclosure
ordinances.
Mayor Harycki asked City Administrator Hansen to add the Long Lake
encroachment to the Council's work plan with an update provided by staff.
Page 18 of 19
City Council Meeting
ADJOURNMENT
Motion by Councilmember Roush, seconded by Councilmember Polehn, to adjourn at
10:15 p.m. All in favor.
ATTEST:
A a://--tr *g,
Diane F. Ward, City Clerk
Resolution 2010 -80, directing payment of bills
Resolution 2010 -81, a resolution adopting the 2030 Stillwater
Comprehensive Plan Update
Resolution 2010 -82, resolution authorizing execution of agreement with
Minnesota State Patrol relating to Safe & Sober
Resolution 2010 -83, a resolution approving Minnesota Premises Permit
for lawful gambling for American Legion Post 491, located at the Cherry
Bowl, 317 Main Street South, Stillwater, MN
Resolution 2010 -84, a resolution approving the issuance of a new wine
and strong beer liquor license (River Oasis Cafe)
Resolution 2010 -85 a resolution approving Musser pedal operated cab
license
Resolution 2010 -86, approving variances for a legal non - conforming lot's
size and width -Case No. 2010 -09, 104 Lakeside Drive
Resolution 2010 -87, a resolution approving a conditional use permit to
co- locate wireless antennas on an existing communication monopole
tower at 1754 Washington Ave for T- Mobile
Resolution 2010 -88, a resolution accepting bids and awarding contract
for Stillwater Parking Ramp Sign
Page 19 of 19
Ken I-Jg ki, Mayor
June 1, 2010