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CITY COUNCIL MEETING MINUTES
April 3, 2012
REGULAR MEETING
Mayor Harycki called the meeting to order at 4:30 p.m.
4:30 P.M.
Present: Councilmembers Cook, Menikheim, Polehna, Roush 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
OTHER BUSINESS
Army Corps of Engineers — Colonel Price
Col. Price expressed that the levee wall is a priority project for the Corps and is one of his
"critical" projects. He stated a new project manager has been assigned and the Corps is
committed to getting Stage 3A completed as quickly as possible. He indicated that there is not
enough funding to complete all of Stage 3, so that phase has been broken into two parts: 3A, the
interior drainage portion of the final stage; and 3B. He pointed out that he believes there is
enough funding to complete 3A, if all things aligned properly and all approvals are received
from the Corps headquarters, a project could be awarded this fiscal year and work begun in the
fall of this calendar year.
On a question by Councilmember Roush, Col. Price explained that what sparked his interest in
this project was the long history of the project, the continual changes in policy and funding
levels, and the fact that there is money in hand at this time that he wants to see obligated to get
something built for the City of Stillwater.
Mayor Harycki spoke of the previous promises and delays and asked whether the project would
truly happen this year. Col. Price responded that he is very hopeful that it will happen, and noted
they have had conferences with headquarters and his division commander had signed a
document that concurs with moving ahead. Col. Price indicated that approvals are still needed
from headquarters and the Assistant Secretary of the Army, but they are proceeding with the
development of the final plans and specifications for Stage 3A. He added that it is hoped final
review of those plans and specs will take place by the end of April, with advertisement in late
summer, and award this fiscal year.
City Council Meeting
April 3, 2012
Councilmember Menikheim asked if there was anything the City could do to let the City's
concerns be known, and Col. Price suggested the City could voice its concerns to its
Congressional delegates.
Councilmember Polehna spoke of the many previous delays and his desire to see the project
completed.
Chamber's Community SMposium Efforts — Todd Streeter, Executive Director
Todd Streeter provided an update on the Chamber's community symposium programs. He gave
a presentation that highlighted the purpose of the symposium; the goal; and the opportunities
identified in the nine town hall sessions that were conducted. He pointed out that the
symposium program is a new process that involved no upfront costs and resulted in more than
20 pages of ideas for the participating communities and a wide variety of concepts for further
assessment. He also indicated that this effort is not city-driven or a burden for any of the four
participating cities to undertake the full scope of the concepts -- it's a project that is community-
driven. He noted that any necessary investment that may be required in the future, as the
concepts are assessed further, will come from the community stakeholders. The presentation
further highlighted the categories of opportunities identified in the symposium process:
increased communication, celebrating culture and arts; community transportation; economic
redevelopment; increased access; and community amenities/community center.
Regarding access, Councilmember Polehna suggested access to the river should be considered
as well as access from the river. Mr. Streeter also described the next step in the process,
forming committees to identify resources and ways to achieve the identified six categories of
opportunities.
Councilmember Cook asked about attendance at the sessions and plans to generate community
interest, given this is supposed to be community-driven. Mr. Streeter answered that the next step
in the process is intended to do just that by reaching out to community groups to solicit
participation on the various committees.
Councilmember Roush talked about the proposal to construct an expanded gymnasium facility
as part of the National Guard Armory project, and suggested that is a project the symposium
could become involved with.
Councilmember Cook noted that the Community Kitchen program of Ascension Church is
interested in the transportation issue and suggested reaching out to the church community as
well; she also noted the B&B community is interested in the transportation issue.
Councilmember Menikheim suggested the potential for a virtual community center, making use
of the already existing facilities available in the communities /region.
Councilmember Cook inquired about intentions for the category of youth/non-athletic activities,
and Mr. Streeter spoke of opportunities to engage youth off of the athletic field.
STAFF REPORTS
Police Chief Gannaway reminded the Council that they had approved the retrofitting of the
sirens at the last Council meeting, and he added that the radios have been ordered. He noted
Washington County has a drop-off spot for unused prescription drugs. He also noted that the
County is offering alcohol and tobacco compliance training.
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City Council Meeting
April 3, 2012
Fire Chief Glaser thanked Councilmembers Menikheim, Roush and Polehna and City
Administrator Hansen for attending the annual Firefighters Relief Association meeting. He
informed the Council that the department has received an additional $5,000 grant from the
Margaret Rivers Fund for construction of the fire boat, which should be ready to go into the
water in the very near future. He reported there were several water rescues in the past week and
cautioned people not to go in the water as it is still very cold. He stated Valley Access Channels
has put together a 17- minute video documenting the Stillwater Fire Department, which was
aired for the first time at the annual meeting. He thanked Jordan Simkins for his many hours
putting the video together.
City Clerk Ward reminded residents of the schedule for the Open Book meetings and noted
residents can attend any of the meetings.
Community Development Director Turnblad reported that the Heritage Preservation
Commission will hold a public hearing on the revised demolition ordinance at its April meeting.
He stated 10 proposals were received for design services for the fire station/armory project, with
that list pared down to three in the next week. He indicated that he and Chief Glaser will be
involved in the National Guard's interview process, which should be complete by mid -May,
with a contract for design services. He noted a planning intern will begin work May 7 and will
be primarily involved with preparing a commercial data base, identifying all properties available
commercially to match inquiries with space available, and assist with the planning for the
Brown's Creek trail.
Mayor Harycki asked about the major change to the demolition ordinance, and City Planner
Pogge described the proposed changes, that included moving away from a 50 -year date to a set
date that requires a permit for demolition, and eliminating the advertisement requirement. He
stated the changes also streamline the process, and included allowing some decisions to be made
by staff review. Mr. Turnblad also noted that the revised ordinance more clearly defines a
demolition, referring to previous problems where additions /remodels resulted in total
demolitions.
Mayor Harycki asked if there are any teeth to the revised ordinance, and Mr. Pogge replied that
violations remain a misdemeanor, which he believes is the maximum allowed by statute.
Councilmember Cook agreed there should be harsher penalties for violations and suggested it
may be worth looking into what other communities have done regarding penalties.
Public Works Director Sanders reported that it will only cost $2,000 more to have LED lights
installed in the new pedestrian /plaza lights, and staff authorized the contractor to proceed with
the LED lights. He added that the lights will match the lights on the riverfront as originally
proposed.
City Administrator Hansen informed the Council that he will be contacting members on an
individual basis regarding dates for the Council retreat, as well as discussion topics.
The meeting was recessed at 5:45 p.m.
Page 3 of 8
City Council Meeting April 3, 2012
RECESSED MEETING 7:00 P.M.
Mayor Harycki called the recessed meeting to order at 7 p.m.
Present: Councilmembers Cook, Menikheim, Polehna, Roush 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
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
Mayor Harycki noted Sen. Franken had given the City the flag that was flown at the Capitol the
day the bridge legislation was signed. He asked City Administrator Hansen to find an
appropriate place for the flag.
APPROVAL OF MINUTES
Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the minutes of
March 20, 2012, regular meeting. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Annual Fire Department Report
Chief Glaser presented the annual report, that highlighted: service area, types of services; total
response calls and likely changes in the future due to the new bike trail, bridge construction;
types of calls; response calls by Ward; budget information; significant events during the year;
upgrades and improvements, and plans for the upcoming year.
Councilmember Cook thanked Chief Glaser for his efforts in grant applications that assist the
City with its budget. Councilmember Roush noted that fire department personnel do a lot of
manual labor, such as retrofitting the fire boat, which saves the City a lot of money.
OPEN FORUM
There were no public comments.
CONSENT AGENDA
13. Resolution 2012-056, directing payment of bills
14. Resolution 2012-057, resolution authorizing contract with American Sandblasting, Inc.
(Lowell Park Gazebo)
Councilmember Cook asked that the payment of bills be pulled.
Page 4 of 8
City Council Meeting April 3, 2012
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution
2012 -057, resolution authorizing contract with American Sandblasting, Inc.
Mayor Harycki noted a lot of money is being spent on the gazebo and asked whether staff has
looked at whether it might be cheaper to rebuild rather than doing the lead abatement, and Mr.
Sanders replied that only portions of the structure have to be repaired.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Councilmember Cook stated she would not be approving the payment of bills due to the Conach
Croup payment.
Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution
2012 -056, directing payment of bills.
Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki
Nays: Councilmember Cook
UNFINISHED BUSINESS
Possible Ap2roval of Second Reading of Ordinance 1045 an Ordinance Amending the Stillwater
Code Chapter 21 General Provisions, Section 21 Subd. 11 Entitled "Election Wards"
City Attorney Magnuson noted this is the exact form approved by the Charter Commission and
that was read at the last meeting.
Councilmember Roush asked whether a second polling place would be added in Ward 3, and
Mr. Magnuson stated that City Clerk Ward still has some time to do that.
Motion by Councilmember Menikheim, seconded by Councilmember Cook, to adopt Ordinance
1045, an ordinance amending the Stillwater Code, Chapter 21, General Provisions, Section 21 Subd.
11, Entitled "Election Wards ", and Resolution 2012 -058, designating polling places.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible Approval of New Tobacco License Located at 1754 Market Drive — Rya Tobacco
Company, George Kabalan applicant
City Administrator Hansen explained that this application has been withdrawn. Police Chief
Gannaway talked about the trend of tobacco shops to sell paraphernalia and the desire to find a
way to deal with that trend. He added that another city has passed an ordinance that has met all
legal challenges, and stated he has been working with the City Attorney to develop a local
ordinance that hopefully would be available for the Council's consideration at the next meeting.
He stated the applicant has been informed of this and told he might want to wait until the
Council takes action. Chief Gannaway also indicated there has been an issue with a massage
parlor in town, and staff is looking at developing some licensing requirements for such
businesses.
Mayor Harycki suggested getting some input from professional therapists when developing the
ordinance.
Page 5 of 8
City Council Meeting April 3, 2012
NEW BUSINESS
Possible Approval to U r
Upgrade Current IT Infrastructure
Rose Holman, MIS supervisor, reviewed the request for purchase of new IT infrastructure and
the advantages of the new system. On a question by Mayor Harycki, Ms. Holman responded
that the plan for later this year is to get a connection between the Water Board and City Hall for
connection to the Cartograph systems, and possibly in the future to the finance system. Ms.
Holman pointed out that there is roll-over money available as well as money budgeted in 2012
for the requested purchase.
Councilmember Roush noted the request has the approval of City Administrator Hansen.
Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve the
upgrade. All in favor.
Possible Approval of Summer Tuesdays Special Event and Contract
Cory Buettner, Leo's Grill and Malt Shop, reviewed the event and request. On a question by
Mayor Harycki, he answered they are aware of possible construction in Lowell Park and will
work with City staff on alternate locations if necessary.
City Administrator Hansen pointed out that the contract is basically the same as last year, and
noted that the Council had reviewed the new parking rates earlier in the year.
Community Development Director Tumblad noted that one addition to the contract deals with
the new irrigation system that would limit the length of stakes and require a damage deposit.
Mr. Hansen expressed that he has never received a single complaint regarding this event.
Motion by Councilmember Menikheim, seconded by Councilmember Cook, to adopt Resolution
2012-059, approving 2012 Summer Tuesdays.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
Possible Accepting of Quote for Aquatic Lake Management Plan
Public Works Director Sanders reviewed the proposal from Wenck Associates to develop a
vegetative management plan for Long Lake, McKusick and Lily Lake. He indicated that the
plan would provide a basis to manage the aquatic plants, both submergent and floating. He
stated cost for developing the plan is $27,720, which would include compiling data, meeting
with stakeholders, and doing some plant surveys to determine the best treatment for the lakes.
He pointed out that Wenck estimates it will take about six months to complete the plan, and
noted that there is money available in the Storm Water Utility Fund to pay for the plan
preparation.
Councilmember Roush questioned the need for collecting more data, and Mr. Sanders
responded that the data available isn't in-lake data; it relates to impervious surfaces and
phosphorus loadings, for example. Mr. Sanders added that there is no data regarding the types of
plant communities in the lakes.
Mayor Harycki expressed concern about the cost, and indicated he was looking for something
more concrete rather than another study. Mr. Sanders conveyed that he does not feel qualified
to make a decision about what should be done for each lake. There was a suggestion that
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City Council Meeting
April 3, 2012
perhaps Brown's Creek Watershed District or the Middle St. Croix WMO might have the
resources available. Mr. Sanders noted that when he did his original report in January, the
Middle St. Croix had a similar proposal that was included in the memo. He noted Middle St.
Croix recommended having a qualified consultant develop data, and that plan was for Lake
McKusick only at a cost of about $25,000.
Councilmember Polehna inquired about the need for the stakeholder meetings, and suggested
everyone will have a different idea of what is best. Joe Bischoff of Wenck Associates explained
the intent of the stakeholder meetings are to come together on a unified objective on what is
trying to be accomplished in a vegetation management plan. City Attorney Magnuson talked
about the possibility of forming a lake improvement district, which would provide a
combination of funding mechanisms, and noted that before a lake improvement district can be
created, a management plan must be in place. Mr. Magnuson also suggested that stakeholder
meetings would be of benefit for the ultimate creation of a lake improvement district.
On a question by Mayor Harycki, Mr. Sanders stated the previous lake management plan, done
by Wenck, dealt with water quality going into the lake. Mayor Harycki asked about the
possibility of taking some concrete action this year, and Mr. Bischoff responded that there are
permitting issues involved and the DNR likely will want to have some management objectives
spelled out.
Councilmember Polehna asked whether there is money available from the DNR for control of
Eurasian milfoil, and Mr. Bischoff replied that is a possibility.
Councilmember Cook asked whether the Middle St. Croix Water Management Organization
might contribute to the development of the plan; Mr. Sanders stated he could ask about that
possibility.
Bruce Werre, 1314 Meadowlark Dr., expressed he would like to see some immediate action
should there be an algae bloom and filament growth like last year, but he agreed this plan is
needed before there is any lake improvement districting. He also stated he thought bringing the
various user groups together would be money well spent in order to achieve consensus.
Mayor Harycki expressed concern that folks who might pay some sort of tax through a lake
improvement district might have expectations for immediate improvement, when that might
take years to achieve. Mr. Werre talked about the importance of communication in dealing with
that potential.
Councilmember Roush questioned the possibility of doing some harvesting concurrently with
the study, and Mr. Bischoff noted that he thought it would be possible.
Dorothy Jachim, McKusick Lane, pointed out that Lily and Long lakes both flow into Lake
McKusick so all three lakes should be included. She indicated that the water quality groups are
not necessarily interested in the aesthetics of the lakes, and she thought the City should be
interested in the aesthetics of the lakes as well as the quality of the water and health of the
water.
Elaine Clark, 1312 Meadowlark Dr., suggested that if the City doesn't moved forward with this,
the other studies done are of no value. She added that it seems this might help move forward
toward a solution.
Councilmember Cook expressed concern that nothing be done to harm the wildlife /animal life.
Mr. Bischoff explained that the goal is to enhance the habitat and make it more ecologically
Page 7of8
City Council Meeting
April 3, 2012
sound. He continued that they would not want to do anything that would wipe out amphibians
or fish, unless it is for the betterment of the overall ecological balance within the system.
Motion by Councilmember Cook, seconded by Councilmember Roush, to adopt Resolution 2012-
060, approve and enter into contract with Wenck Associates, Inc. to develop an aquatic vegetation
management plan for Long Lake, Lily Lake and McKusick Lake.
Councilmember Cook noted she would hope that there might be some contributions from the
watershed districts to help offset some of the costs, along with some way to possibly pare down
the cost, perhaps by having fewer stakeholder meetings. Mr. Bischoff explained the reasoning
behind the proposed six meetings, but indicated that they could look at the possibility of
combining some of the meetings. There was discussion of groups that ought to be notified of the
stakeholder meetings. Mr. Sanders stated he would contact Brown's Creek and Middle St. Croix
regarding the possibility of some financial contribution toward this effort.
Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki
Nays: None
STAFF REPORTS (continued)
Rose Holman thanked Council for its support of the health and wellness program, and reported
that there is over 50% participation in the program. She pointed out that a recent health fair was
very successful. Councilmembers and Mr. Hansen thanked Ms. Holman for her efforts in the
program.
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn at 8:20
p.m. All in favor.
ATTEST:
C�
Diane F. Ward, City Clerk
Resolution 2012 -056, directing the payment of bills
Resolution 2012 -057, resolution authorizing contract with American Sandblasting, Inc.
Resolution 2012 -058, designating polling places
Resolution 2012 -059, approving 2012 Summer Tuesdays
Resolution 2012 -060, approve and enters into contract with Wenck Associates, Inc. to
develop an aquatic vegetation management plan for Long Lake, Lily Lake
and McKusick Lake
Ordinance 1045, an Ordinance amending the Stillwater Code, Chapter 21, General
Provisions, Section 21 Subd. 11 Entitled 'Election Wards"
Page 8 of 8