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HomeMy WebLinkAbout2011-09-06 CC MIN"fil6ater iME /1ETM ►IEEE Of ■IY�Ei�(E CITY COUNCIL MINUTES September 6, 2011 REGULAR MEETING Mayor Harycki called the meeting to order at 4:35 p.m. 4:30 P.M. Present: Councilmembers Cook, Polehna, Menikheim, and Roush, and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders Admin Secretary Manos McKusick Lake Deterioration Mr. Raymond Davis of 912 Laurel St W and his neighbor Mrs. Helen Terrell, expressed concern about the continued deterioration of the lake. Mrs. Terrell, a 65 -year resident of Lake McKusick, said that it was a beautiful lake many years ago, but this past summer is the worst it has ever looked, with dead fish, choked with weeds, and a bad smell. She hopes for a solution to cleaning up the lake and bringing it back to its original beauty. Mr. Davis talked to Mr. Bruce Werre, who gave him 10 years of history and told him about the diversion of Browns Creek, which seems to have contributed to the deterioration. Mr. Davis asked if weed killer could be used or if the weeds could be harvested, and if the lake level could be allowed to rise. He asked if an elbow could be added on that diversion to allow the lake to rise because water is coming in from other lakes and shopping malls, and the lake is becoming a cesspit. Mayor Harycki responded that this lake is going through transition and that he has talked with a consultant from the state who said they are looking at delisting it as an impaired body, as the water quality is actually improving. He stated that unfortunately, improved water quality can also cause plant life to thrive. He continued by stating that the consultant's opinion is that the water level is where it should be, and that nearby homes could be flooded if water is allowed to rise too much. He informed Mr. Davis that weed treatment could cost $35,000 and that during budget talks they discussed the use of storm water fees to help out here. Mr. Sanders will talk to Middle Level St. Croix and Browns Creek Watershed District to discuss possible solutions. Rain garden projects can have an accumulative effect. Mr. Davis mentioned that the canoe dock was heavily used early in the summer, but by mid -July it was no longer accessible because the area was choked with weeds. Mr. Sanders stated that the level of the lake is set by the DNR, though it does fluctuate up to a foot and a half. City Council Meeting STAFF REPORTS September 6, 2011 Fire Chief Glaser reported that fifteen applicants applied for the six openings for on -call firefighter. Twelve applicants qualified; eleven passed the exam and were interviewed. Five applicants have been recommended to continue in the hiring process. The next steps include a criminal background investigation, psychological evaluation, health and drug screening, physical ability testing, and Spirometry and fitness testing. The cost for these tests is $1,370 per candidate. As these funds that are not in their budget, Chief Glaser is asking for funding to continue the hiring process. Motion by Councilmember Cook, seconded by Councilmember Roush, to continue the hiring process and provide funding. All in favor. Chief Glaser reviewed that through the Fireman's Fund Insurance Heritage grant, $13,000 was received towards the fire boat project, which is now moving forward. Also, Sunday, September 11, is the 10 anniversary of the 911 tragedy, and a number of services are being held that are open to the public. Locations are posted on their webpage. Community Development Director Turnblad reported on building department activity through August, comparing month by month to the last six years of permit issuance. He informed the Council that the overall the figures are a little lower than the six -year average, however June and August show more activity. He continued by stating that the City is seeing more remodeling than new construction, which requires more inspections. He stated that the City could contract out for services if it was absolutely necessary, but right now existing staff is keeping up on inspections. He informed the Council that building permit and plan review fees cover the inspection costs. City Administrator Hansen will add to the work plan that this report be given to Council quarterly. Public Works Director Sanders reported that regarding the Federal government requirements to switch street signs, during the past few weeks the government stated that the compliance dates are too laborious for cities, and more leeway has been given, though we still have to meet reflectivity requirements. Mayor Harycki asked about liability and City Attorney Magnuson replied that the City needs to meet requirements and complete the project, but has more time. City Administrator Hansen reminded the Council that the Board and Commission picnic at Pioneer Park is tomorrow, beginning at 5 p.m. City Attorney Magnuson reported on correspondence from the State Auditor, on whether the City was wrong in making a donation to a non -profit entity. He stated that the issue is public because of the way the State Auditor reviews those questions, and a response is requested within 30 days. He continued, that the second issue is whether it was permissible to pay the lobbyist from TIF funds, and requires a response within 60 days. He informed the Council that data related to this question is not public until the office of the State Auditor issues its final report. Mr. Magnuson suggested that following staff reports, the executive session be closed to discuss the second issue. Then the public meeting could be reopened to discuss the first issue. Council recommended doing this in reverse — that the public issue be discussed first. City Attorney Magnuson reviewed the State Auditor document, which basically states that the City had no authority to make an $80,000 payment to the Coalition for the River Crossing. The report implies that the City paid the money to the coalition to lobby for the new bridge, and since the City didn't have a contract, it was simply a non -profit corporation, and thus the City had no authority to make that payment. City Attorney Magnuson indicated that the City had a Page 2 of 9 City Council Meeting September 6, 2011 verbal agreement, but no written contract. He continued by stating that there is authority for the City to spend money for lobbyists, and since 1992 the City has given $871,000 to lobbyists and that there is a contract between the Coalition and the lobbyist, but no contract directly from the City. He stated that the City could develop a contract at this time that would comply with State requirements. Mayor Harycki asked if the City is legally able to make a contribution to a non - profit and Mr. Magnuson replied that there has to be a public purpose demonstrated, and the City has to have statutory authority. He continued, that itt appears that support for a new bridge would constitute a public purpose. He stated that inn general, payments to non - profits are not permitted, yet, there is specific authority for supporting the aged (like Family Means) and then you would have the authority and that the statute is defined in general rather than specific terms. Mr. Magnuson recommends having a discussion with the Coalition prior to the next meeting, since the City needs to answer the letter by September 30. Councilmember Roush asked, if we made a mistake, how do we rectify this and are we legally liable for the mistake. Mr. Magnuson replied that the City needs to consider the auditor's letter seriously and that the City should have had a contract. He suggested that the City should explore getting the money back or negotiating a contract retroactively. Councilmember Cook felt that the City should acknowledge that it was a mistake and assess what we can or should do at this point regarding the use of public funds. Mayor Harycki requested that discussion be continued on Tuesday, September 13, to go through the letter point by point if necessary. Attorney Magnuson will talk to the State Auditor and determine what actions need to be taken, and will submit a document to the council in advance of the next meeting. The meeting was closed at this time to discuss private data. The meeting was recessed at 6:30 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7:10 p.m. 7:00 PM Present: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders Admin Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. Page 3 of 9 City Council Meeting APPROVAL OF MINUTES September 6, 2011 Minutes from the August 16, 2011 meeting will be presented for approval at the next Council meeting. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation — Constitution Week, 224th Anniversary Representatives from DAR were present. Mayor Harycki read the proclamation and declared the week of September 17 -23 as Constitution Week. Certificate of Appreciation, Lily Lake 6th Grader, Michelle Bergh Michelle Bergh was called forward to accept her certificate. Mayor Harycki read the certificate and thanked Michelle for her participation and organization of volunteer work which began when she was only 8 years old. Ms. Bergh spoke briefly to thank the Council for their recognition. Proclamation — Lake Elmo Bank Day, 100th Anniversary Picnic Mayor Harycki read the proclamation honoring Lake Elmo Bank for their 100 years of service to the community and declaring September 9, 2011 as Lake Elmo Bank Day. OPEN FORUM Dorothy Jachim, 1624 McKusick Lane, stated that she recently observed a budget workshop, and part of it was related to the storm water budget, and the decline of Lake McKusick over the past years. She stated that a question that was raised that night that suggested that homeowners take it upon themselves to improve the quality of the lake. She continued by stating that based on the map shown, there are 23 homes around Lake McKusick, which doesn't cover even half the perimeter of the lake and the rest is owned either by the city or the county. She suggested landowners taking charge, rather than just homeowners and that even more important is the watershed and referred to the map that shows the difference of the watershed before and after the division and that how to improve the quality should be considered. CONSENT AGENDA 1. Resolution 2011 -120, directing payment of bills 2. Proclamation Financial Planning Week 3. Resolution 2011 -121, approving 800 MHz Radio Repair Fund Addendum to Communications System Subscriber Agreement with Washington County 4. Resolution 2011 -122, approving election judges for school board election 5. Possible approval of National Fire Prevention Week Signs /Banners placement Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the consent agenda as presented and pull the bills (Item #15) at this time. Page 4 of 9 City Council Meeting September 6, 2011 Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Councilmember Cook asked that she be notified by the City Administrator or the Finance Director if any more bills are presented pertaining to the Bridge Coalition or The Conach Group. City Attorney Magnuson informed the Council that the City has a contract with The Conach Group. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve payment of the bills. Ayes: Councilmembers Menikheim, Polehna, and Roush, and Mayor Harycki Nays: Councilmember Cook PUBLIC HEARINGS Case No. 2011 -20. This is the date and time for a public hearing to consider a request from the City of Stillwater for a variance to the Floodplain Overlay District regulations. Notices were mailed to affected property owners and published in the Stillwater Gazette on August 26, 2011. City Planner Pogge stated that this request is for the restroom facility for the Pedestrian Walkway project. He informed the Council that the flood plain ordinance allows an accessory building in a flood plain as long it is a minimum investment (under 500 square feet in size) and is flood proofed. He stated that the restroom building will be flood proofed, but it is slightly larger at 716 square feet. He continued by stating that the City looked at three sites during the design process and chose the site located in the southwest corner of the new Pedestrian Walkway and immediately west of and adjacent to Water Street and that they met with FEMA about the flood plain and did not receive any negative comments. Mr. Pogge read the variance criteria and stated that City staff finds the criteria to be satisfied and therefore recommends approval as requested and that the Parks and HPC have reviewed and approved the plan. The public hearing was opened. There were no public comments and Mayor Harycki closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution No. 2011 -123, approving a variance to the City of Stillwater Floodplain Overlay District Regulations. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Case No. 2011 -21. This is the date and time for a public hearing to consider a request from City o Stillwater for street vacation of a portion of Water Street North. Notice was published in the Stillwater Gazette on August 26, 2011. City Planner Pogge stated that this spring Council approved a development agreement between the owners of Water Street Inn, St. Croix Preservation Company, and the City of Stillwater to do a land exchange. He reviewed the proposed vacation of Water Street North. Mr. Pogge stated that the Planning Commission held a public hearing and reviewed the request at their August 8, 2011 meeting, and unanimously recommends City Council approve the street vacation as conditioned. He informed the Council that the railroad right -of -way has been taken into Page 5 of 9 City Council Meeting September 6, 2011 consideration as far as it impacts the planned trail and that the City is receiving 4 feet of land for every 3 feet it is giving up. The public hearing was opened. There were no public comments. Mayor Harycki closed the hearing. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution No. 2011 -124, resolution vacating part of Water Street North. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None The second portion of Case No. 2011 -21is to consider a request from City of Stillwater to sell or convey a 5 foot by 208.1 foot strip of land to St. Croix Preservation Company, Inc. Notice was published in the Stillwater Gazette on August 5 12 19 and 26 2011. This item requires first reading of an ordinance. Mr. Pogge recapped that in exchange for Parcel A, the City has agreed to provide to St. Croix Preservation Company the land labeled Parcel B adjacent to Municipal Parking Lot #5. He stated that when the parcel was acquired from the railroad it was done so for "park purposes" to accommodate a future trail, which will be the case after the transfer of the 5 foot wide strip of land. He continued by stating that since the parcel was purchased by the City for park purposes, in order to be disposed of by the City, Article XVI of the City Charter must be followed which requires that a notice of the public hearing on the proposed sale was published over four consecutive weeks as required. After the public hearing, if the Council chooses to dispose of the property, the Council must adopt an ordinance authorizing the disposal by a 4/5 vote. The disposal of the property would only become effective after 30 days of publication of the ordinance so long as a petition is not filed opposing the disposal as outlined in the charter. Staff recommends that City Council approve the first reading of the ordinance as presented. The public hearing was opened. There were no public comments. Mayor Harycki closed the public hearing. Council discussed the use of Eminent Domain and ruled out due to the high cost of land acquirement, legal fees, and public ill will. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve the first reading of the ordinance as presented. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None UNFINISHED BUSINESS Case No. 2011 -04a. This is the date and time to consider a request from City of Stillwater for future land map amendments related to the Comprehensive Plan rezoning and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 15, 2011. Director Turnblad stated that there are no changes in the bill already presented at the last meeting in which two small neighborhoods agreed that the City change the land use map so that zoning is consistent with the comp plan. Page 6 of 9 City Council Meeting September 6, 2011 Motion by Councilmember Menikheim, seconded by Councilmember Cook, to adopt Ordinance 1039, amending the future land use map of the 2030 Stillwater Comprehensive Plan Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Possible approval of a course of action for the new armory facility and authorization to proceed with concept design work for the proposed new fire station, which is planned to be attached to the new armory Community Development Director reviewed the actions of the City at the August 16 meeting regarding the Armory, which City identified the need for more programming and feasibility work for the fire station component of the facility for parking access, space requirements, conceptual building design, what can be shared, construction schedule, and estimated budget. The City Council recognized the need for the additional assessment work and affirmed this by approving a $20,000 line item in the 2012 Fire Department budget. Mr. Tumblad continued that being that Burns and McDonnell had already done the design charette for the armory, they were asked to submit a proposal for the fire station. They agreed to team with Collaborative Design, since they had recently completed work for the Fire Department on this potential fire station, thus saving the City money in background research. He stated that Burns and McDonnell together with Collaborative Design propose to complete the work for $19,060, just under the approved budget of $20,000. He continued by stating that in order to complete the feasibility and programming study in time for the National Guard's submittal deadline to its Designer Selection Board, the City Council will need to enter into a contract with Burns and McDonnell soon. He informed the Council that in order to preserve the option of constructing a fire station attached to the armory and realize the cost savings that shared facilities would offer, staff recommends approving the contract for the fire station work. Director Tumblad presented future decision dates necessary for design work, construction, and road access and that many decisions need to be made by November 15, 2011 in order to proceed in a timely basis, as that is the date the National Guard anticipates submitting their packet for the State Designer Selection Board. Mayor Harycki suggested requesting other bids in order to compare design and cost. Director Tumblad responded that it would be very difficult to put out a request for bids at this point and still meet the schedule. City Attorney Magnuson reminded Council that it would take time to develop an RFP, and there would be 30+ days needed for bidders to look at the property and give a response. It could end up costing more money to piece -meal this, rather than joining with the Army in using their design firm. Other Councilmembers said that if we were going to do this it should have been done a month or more ago. By missing the deadline, the city could lose the option of shared design and construction. Mr. Tumblad stated that he will call the Army about options, benefits and consequences, and present the answers at the next council meeting. Mayor Harycki continued to express the need for a more competitive process. City Administrator Hansen said that when there is a joint project, like the parking ramp for example, the City would have been better served having one architect do the ramp and the Lowell Inn annex. He continued that because the City didn't do it that way it ended up costing the City more in duplicate engineering and architectural work. He stated that the Army has used Burns and McDonnell for other projects and is satisfied with their work. Page 7 of 9 City Council Meeting September 6, 2011 Community Director Turnblad reminded council of the savings of doing the project together. NEW BUSINESS Possible approval of 2011 Fall Colors Fine Art & Jazz Festival Community Director Turnblad stated that the Greater Stillwater Chamber of Commerce has applied for a Special Event permit to host the Fall Art & Jazz Festival September 30 to October 2, 2011 at Lowell Park. The Parking Commission looked at this and adopted a fee schedule. The 46 spaces in Lot 4 and 46 spaces in Lot 5 would cost a total of $2,484 for the three days. Actual space to be used is 36 rather than 46 spaces in Lot 5. They recommended a reduced fee of $828, as the City does not have to protect revenue that would be generated by a pay lot and a $500 fee for the use of Lowell Park is included. Todd Streeter, Executive Director of the Chamber of Commerce, presented the plan. Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve Resolution No. 2011 -125, approving 2011 Fall Colors Fine Art & Jazz Festival. Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None Possible adoption of three resolutions: Adopting the proposed tax levy for the pa a�year 2012 (Resolution No. 2011-126); Adopting the proposed budget for the year 2012 (Resolution No. 2011- 127); and Setting Payable 2012 Truth -N- Taxation Public Hearing dates (Resolution No. 2011 -128) Mayor Harycki stated that the budget for 2012 shows an increase of about $88,000, a .869% increase over the 2011 levy. Two major changes are a firefighter position and an administration position for the police department. Councilmember Cook asked if any items in the 2012 budget include funds for the Coalition. Mayor Harycki said that there was nothing for the Coalition for 2012. In general she supports the budget and commends staff for the effort put into this. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve Resolution No. 2011 -126, adopting the proposed tax levy for the payable year 2012, with the sum of $10,246,597 levied against all of the taxable property of the City of Stillwater. Ayes: Councilmembers Menikheim, Polehna, and Roush, and Mayor Harycki Nays: Councilmember Cook Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Resolution No. 2011 -127, adopting the proposed budget for the year 2012, with revenues and expenditures totaling $14,504,579 and $14,521,901 respectively. Ayes: Councilmembers Menikheim, Polehna, and Roush, and Mayor Harycki Nays: Councilmember Cook Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve Resolution No. 2011 -128, setting Payable 2012 Truth -N- Taxation Public Hearing, for Tuesday, December 6, 2011 at 7:00 p.m. Page 8 of 9 City Council Meeting September 6, 2011 Ayes: Councilmembers Cook, Menikheim, Polehna, and Roush, and Mayor Harycki Nays: None COMMUNICATION AND REQUEST ITEMS Commendations were extended to Public Works Director Sanders for managing street repair during the heavy rainfall this summer. Also, commendations to Chief Gannaway on placing the "No Passing on the Shoulder" sign out so quickly on Myrtle Street and Brick Street. Mayor Harycki reported that he had talked to Adam Josephson, MnDOT engineer, about the alternate proposal for the bridge and how it impacts the south hill. Mr. Josephson responded that it depends on where the lanes go, and that it can be done to protect the historic district. City Attorney Magnuson suggested that affected residents should be notified, and that perhaps Mr. Josephson could speak at a neighborhood meeting. Mr. Sanders was asked to talk to Mr. Josephson about a presentation of general updates at an upcoming council meeting. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Polehna, to adjourn at 8:50 p.m. All in favor. ATTEST: 4 1 ,n V - Larry D. H en, Acting City Cler Resolution 2011 -120, Resolution 2011 -121, Resolution 2011 -122, Resolution 2011 -123, Resolution 2011 -124, Resolution 2011 -125, Resolution 2011 -126, Resolution 2011 -127, Resolution 2011 -128, Ke arycki, Mayor Directing Payment of Bills Approving 800 MHz Radio Repair Fund Addendum to Communications System Subscriber Agreement with Washington County Appointing election judges and fixing compensation Approving a variance to the City of Stillwater Floodplain Overlay District Regulations Vacating part of Water Street North Approving 2011 Fall Colors Fine Art & Jazz Festival Adopting the proposed tax levy for the payable year 2012 Adopting the proposed budget for the year 2012 Setting payable 2012 Truth -N- Taxation Public Hearing Ordinance 1039, Amending the future land use map of the 2030 Stillwater Comprehensive Plan Page 9 of 9