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CITY COUNCIL MEETING MINUTES
April 2, 2013
REGULAR MEETING
Mayor Harycki called the meeting to order at 4:34 p.m.
4:30 P.M.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
Finance Director Harrison
Community Development Director Turnblad
City Clerk Ward
OTHER BUSINESS
Aquatic Lake Management Presentation - Wenck
Joe Bischoff, Wenck Associates, reviewed options for managing aquatic plants in Long,
McKusick, and Lily Lakes. Stakeholder meetings took place in August 2012 and November
2012, and alternatives were presented to citizens in February 2013. DNR regulations prohibit
cities from managing the lakes for aesthetic purposes only, but allow management to maintain
recreational access.
Mr. Bischoff summarized alternatives considered for Long Lake, which include harvesting
designated areas, herbicide treatment and a hybrid using harvesting in some areas and herbicide
in others. In addition, alum treatment on the north end of the lake could help stem algae growth.
The recommendation for Long Lake is Alternative #4 which includes both harvesting and
herbicide treatment at a cost of about $18,000 annually. Alum treatment is also recommended at
a one -time cost of about $30,000. Estimated annual costs are based on a 15 -year life cycle and
account for inflation. With this alternative, the City would contract for both herbicide treatment
and harvesting. The herbicide application would focus on creating an open area in the south bay,
a navigation channel to the south bay from the central bay, along with spot treatment of invasive
species in the lake (estimated at approximately 1 acre). Harvesting would focus on creating a
path between the north and central bays of the lake. Lakeshore residents could hire the
contractor to do harvesting or use herbicide to create access paths to their docks if desired. Each
treatment would be completed two times per year. Supplemental Alternative #1, Alum Dosing,
consists of using a contractor to conduct an alum injection on the lake as a way to limit aquatic
plants' ability to pull nutrients from the lake sediments, along with lowering the possibility of
phosphorus release from the sediments.
City Council Meeting
April 2, 2013
Mr. Bischoff then reviewed alternatives considered for McKusick Lake, including City -run and
contractor -run harvesting, herbicide, and a combination of the two. In McKusick Lake, the
problem is filamentous algae and the amount of phosphorus is moderate to low, so alum
treatment is not guaranteed to solve the problem and future management actions may be needed.
He informed the Council that Targeted Alternative 44 is recommended for McKusick Lake,
involving the City contracting to have both herbicide and harvesting done on the lake. The
herbicide application would focus on the northwest portion of the lake to create an open area.
Harvesting would focus on the deeper portion of the lake where it will be less likely to disturb
the sediments. Lakeshore residents could hire the contractor to cut access paths to their docks if
desired. Harvesting would be completed three times per year and herbicide application would be
completed twice per year at a combined cost of about $42,000 per year. Alum dosing would be
about $63,000 on a one -time basis.
Mr. Bischoff went on to explain that Lily Lake is the healthiest as far as vegetation. He
recommends Targeted Alternative #3, herbicide treatments conducted by a contractor two times
per year focused on creating access paths to open water from residences. The City would make
available a contractor who is completing similar work for residents to hire if desired. This
alternative would need to be funded by residents because there is not a need for this treatment
for navigation purposes. Cost estimates are approximately $3,500 annually.
Councilmember Weidner asked what else is threatening these lakes, and Mr. Bischoff responded
that all three have some water quality issues. A management plan was completed about six years
ago and the City and the watershed district have been looking for opportunities to incorporate
recommendations from the plan.
Mayor Harycki reminded the Council that about six years ago, the City spent $15,000 on each
lake, which improved aesthetics to a certain extent, but the problem came right back. The City
has implemented some of the recommendations from the water management plan, such as
changing street sweeping schedules in neighborhoods around the lakes and installing rain
gardens. The Council must decide whether these lakes should be viewed as parks benefitting the
entire City, or do improvements only benefit homeowners along the shore. A lot of people enjoy
McKusick Lake and Long Lake views and nature, even though they are not swimming or
boating there, since there is no public access.
Councilmember Menikheim asked what if we looked at each lake separately and gathered a
team of people from all agencies involved, including residents, to work on that particular lake,
and how would this be funded. City Attorney Magnuson replied that if a lake management
district is set up, it is possible to finance improvements and maintenance costs through
assessments and ad valorem taxes.
Mayor Harycki pointed out that the lakes are all interconnected and the homeowners on
McKusick are on the receiving end of the other two lakes - the water quality down the chain
keeps degrading.
Public Works Director Sanders explained that the City's storm water utility fund is used for
numerous things like street sweeping, storm sewer work, pond work. To increase the storm
water utility fee would take a council vote. Another option is to create a lake improvement
district, which would take one or two public hearings. The existing storm water utility fund may
support funding of the recommended alternatives for Lily, McKusick and Long Lake for one or
two years.
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City Council Meeting
April 2, 2013
Mayor Harycki reiterated that the decision the Council needs to make is whether to view these
lakes as parks so they look appealing to our residents and people who use the parks, or do these
projects just benefit the homeowners on the lake. He believes the lakes are community assets.
Councilmember Menikheim remarked it is about more than just looking nice - it's about making
the lakes more available to swimmers and boaters. The City should seek new ways of doing
things rather than applying the same solutions as before.
Councilmember Polehna noted that the City has spent money to improve water quality, and
when water clarity improves, you get more light penetration and more plant growth, so in a way
we are victims of our own work. Improved water quality is what is causing a lot of this
vegetation to grow. He opposes a lake taxing district because residents would want every pond
in the City treated so it wouldn't look like a wetland.
Councilmember Weidner agreed with Councilmember Menikheim in looking at the lakes
separately. He favors getting the homeowners together for input.
Public Works Director Sanders noted that the DNR has grants available for treatment of
invasive species like Eurasian milfoil, which may cover 1/3 of the cost for E milfoil in Long
Lake.
Councilmember Kozlowski agreed that Lily Lake is a very usable lake for fishing, swimming
and boating. The question for council is, do we want to maintain useable lakes.
Mayor Harycki asked about tax impacts of a lake management district, and City Attorney
Magnuson explained that the law states a tax assessment formula recommended by a city
engineer is not arbitrary. A lake improvement district could involve service charges in a
monthly bill or a special levy on an ad valorem basis for everybody in the watershed or lake
district.
Public Works Director Sanders stated a rule of thumb is that every dollar increase in storm
water utility charge generates about $50,000 city wide, per quarter.
Mayor Harycki suggested he would like to see the impact on the average homeowner under both
options - increasing the storm water utility fund and establishing a lake improvement district. He
asked Public Works Director Sanders to bring the numbers back at next council meeting.
Downtown Revitalization Committee - Todd Streeter
Todd Streeter, Director of the Greater Stillwater Chamber of Commerce, updated the Council on
the Downtown Revitalization Committee's Ambiance Committee's findings. He introduced the
chair of the Ambiance Committee, Rich Cummings.
Mr. Cummings noted the Ambiance Committee was formed to identify ways to get back some
of the charm of downtown, to enhance its overall look and feel. The most immediate
opportunity is lighting, and the most obvious target for lighting is the Stillwater Lift Bridge,
which will become a pedestrian walkway. There also is an opportunity to better light the
complete downtown area. Some historic buildings and church steeples disappear from view at
night. A better lit downtown would allow business employees to park farther away from their
work place. In addition, lighting could be placed in trees, stairways, and some ambient lighting
could be on the stone bluffs. The City needs to look at lighting allowed on restaurants and patios
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City Council Meeting
April 2, 2013
and on signs. The sign ordinance is at best confusing. Cities like White Bear Lake and Hudson
have done a nice job of lighting their downtown areas.
Mr. Cummings also stated streetscaping should be considered, possibly moving the designation
of Highway 95 off Main Street which he knows gets into a lot of issues. Downtown needs more
trees which add warmth and a sense of safety and security to a downtown area. The committee
also suggests hanging baskets instead of the large clay pots. Volunteers could be used to care for
some of these amenities. Benches and awnings also add to the ambience. Cleaned and
maintained sidewalks and immediate snow removal are also important. The committee
discussed a property ordinance relating to business owners to encourage maintenance. Signage
is needed to better identify historic landmarks.
Mayor Harycki asked who would pay for the suggested improvements and Mr. Streeter
responded this is a community effort. This is the first of six subcommittees resulting from the
community symposium process designed to improve downtown Stillwater. The Chamber is
looking for private /public partnerships and has received ideas from interested people. Nothing it
is proposing would be funded by taxpayers. These committees are seeking support and
assistance from the City to further these opportunities and gather quantitative data that can be
shared with individuals and businesses who may want to fund particular aspects of these
activities.
Mayor Harycki agreed it will take some City involvement to make it happen.
Councilmember Polehna reminded the Council that funding was budgeted to start on a
downtown plan next year. A lot of these are good ideas which should be in that plan and tied
into a plan for the whole community. It is more than downtown.
Councilmember Weidner asked how do we incorporate these ideas into a downtown plan, and
Community Development Director Turnblad replied the efforts are complementary. The effort
that has gone into this and the five presentations yet to come complement the City's efforts. The
City budgeted $70,000 over two years, the majority of it for traffic engineering. He hopes the
interested generated by the Chamber committees continues so when the City starts working on
the downtown plan in about a year, members of the committees will assist in that effort.
Councilmember Kozlowski reiterated the need for the improvements for the downtown to
succeed and commended the group for speaking with one voice.
STAFF REPORTS
City Clerk Ward updated the Council on Granicus web streaming the City Council meetings as a
method for transparency. Staff is learning the program and hopes to be live by mid -May. This
will allow residents to go to the City web site to watch a meeting live or recorded.
Community Development Director Turnblad informed the Council that the finish line for the
Stillwater Log Run in July is now proposed to be at Parking Lot #9. The finish line for the
second race in October has not yet been decided and will be resubmitted.
Councilmember Weidner remarked that these races are annual and not automatic. They may
change and someone else may have a race. Approval tonight indicates it meets the requirements
for the 2013 permit.
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to approve the
Stillwater Log Run. All in favor.
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City Council Meeting
April 2, 2013
Community Development Director Turnblad invited Councilmembers to the April 22 Parks
Commission meeting at 7 p.m. to discuss the conceptual plans for a remodeled restroom in the
south end of Lowell Park.
Public Works Director Sanders reported that the National Weather Service flood forecast
predicts no flooding for the St. Croix River this year.
City Attorney Magnuson noted he informed the CVB that statutes require an audit in the 5th
year of operation which was 2012.
ADJOURNMENT
The meeting was recessed at 6:19 p.m.
RECESSED MEETING
Mayor Harycki called the meeting to order at 7:00 p.m.
7:00 P.M.
Present: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Staff present: City Administrator Hansen
City Attorney Magnuson
Fire Chief Glaser
Police Chief Gannaway
Finance Director Harrison
Public Works Director Sanders
Community Development Director Turnblad
City Clerk Ward
PLEDGE OF ALLEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Kozlowski, seconded by Councilmember Polehna, to approve the March
19, 2013 special and regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Presentation of Annual Fire Department Report
Fire Chief Glaser presented the 2012 Stillwater Fire Department Annual Report. The Fire
Department responded to a total of 1,754 calls for service in 2012. The Department completed
an Insurance Services Organization (ISO) review in 2012 and is looking forward to the final
report. After many years of work and effort, the Department placed Fire Boat 1 into service last
year. The boat was provided at no cost to the City and has been used in several rescue responses
on the St. Croix River. The Fire Department turns 141 years old on May 28, 2013.
OPEN FORUM
There were no public comments.
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City Council Meeting
CONSENT AGENDA
April 2, 2013
Resolution 2013 -042, directing payment of bills
Resolution 2013 -043, approval of contract with All Season Outdoor Services
Possible approval of temporary liquor license — Stillwater Public Library Foundation —
July 4, 2013
Resolution 2013 -044, approving 2013 Special Event & Contract — Cruisin on the St. Croix
Resolution 2013 -045, approving 2013 Special Event & Contract—Nature Valley Grand Prix
Resolution 2013 -046, approving 2013 Special Event & Contract — Rivertown Art Festival
Resolution 2013 -047, approving issuance of an On -sale and Sunday liquor licenses to
Commander Project LLC, dba: Tin Bins
Resolution 2013 -048, Approval of amendment number one to the agreement between the
City of Stillwater and the Town of Stillwater for growth management, orderly
annexation and the exercise of joint powers for planning and land use and control
Resolution 2013 -049, approving 2013 license to use real property with North Hill
Community Garden
Possible approval to purchase digital cameras — Police Department
Councilmember Menikheim requested to pull Resolution 2013 -049, approval of 2013 North
Hill Community Garden License Agreement.
Motion by Councilmember Polehna, seconded by Councilmember Weidner, to adopt the Consent
Agenda, except for Resolution 2013 -049.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
Councilmember Menikheim announced there will be a South Hill community garden at St.
Peter's United Church of Christ. An information meeting is set for 6 p.m. Monday, April 8.
Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt Resolution
2013 -049, approving 2013 license to use real property with North Hill Community Garden.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
PUBLIC HEARINGS
Case No. 2012 -15. A request from Paul Larson for a variance to the impervious surface
requirements for an addition to a garage and 2nd floor and adding a 2nd floor to main house located
at 106 Lakeside Drive in the RB Two Family Residential District and any variances related thereto.
Community Development Director Turnblad explained that applicant Paul Larson is planning a
major remodeling project for his home at 106 Lakeside Drive. The project would include: 1) an
addition to the north side of the house that would be a garage on the lower level and a master
bedroom on the upper level; and 2) a second story over the remainder of the home. The
proposed remodeling project complies with all setback and height standards. It also falls well
below the maximum allowed impervious coverage for the neighborhood's base RB Zoning
District. However, since the property lies within the St. Croix River Overlay District, only 20%
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City Council Meeting
April 2, 2013
of the lot may be covered with impervious surface. Currently the property has 28.6%
impervious cover. The additional footprint of the proposed project would bring the total to 30 %.
A variance has been requested to allow the proposed 30% impervious cover. The Planning
Commission recommended approval, adding a condition that a storm water mitigation plan must
be submitted by the landowner and approved by the Public Works Director and the DNR before
the City Council hears the request. The mitigation plan was received on March 13, 2013. The
Public Works Director has reviewed and approved it. The DNR has reviewed it as well, and
though the mitigation plan is satisfactory, they do not support the impervious surface variance.
Mayor Harycki opened and closed the public hearing. There were no public comments.
Councilmember Kozlowski stated he met with the property owner at the site. The main concern
is the amount of runoff going into the river. It appears there will be less runoff than today due to
the mitigation, so he is comfortable with the request.
Councilmember Polehna noted he would like the Engineering Department to take a look to
make sure the rain garden is done right.
Motion by Councilmember Kozlowski, seconded by Councilmember Menikheim, to adopt
Resolution 2013 -050, a resolution approving a variance for impervious surface coverage at 106
Lakeside Drive, Case No. 2012 -15.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Continued discussion on Special Event options
Community Development Director Turnblad summarized the priorities that Councilmembers
submitted. Of the four responding Councilmembers, three favor creating some kind of a
committee, three mentioned they want to create a community festival, two of those want to
focus on the festival but not create policy for events in general, two prefer circulating an RFP
for a new community festival as opposed to creating and running it in- house.
Councilmember Kozlowski apologized for not giving his top five concerns which turned into a
much longer list. He is still struggling with the idea of forming another committee. His main
concern is making sure our policy is intact to protect individuals and the community interest
versus defining what events should look like.
Mayor Harycki stated he doesn't want to get into micromanaging the event, but the City should
establish general guidelines and get feedback as to what is meant by a summer festival.
Councilmember Menikheim commented that the Council is thinking too small - this isn't just
about an event. It's part of the big picture. Now is the time to develop policy to provide
guidelines for people who will be inundating the City to hold a festival here. He would like to
have a plan in place so the City can control its own destiny.
Councilmember Kozlowski stated he doesn't think the Council can look forward enough to put
together a strategy at this point.
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City Council Meeting
April 2, 2013
Mayor Harycki expressed concern about developing a policy that may preclude opportunities
that present themselves.
Councilmember Kozlowski stated he struggles with how to develop something specific that will
still be relevant without pushing away opportunities that could be good for the City.
Councilmember Polehna noted that the trend in the metro area seems to be that parks and
recreation departments are doing most of the planning for their communities. He feels the City
needs to bring in someone to coordinate all the events in the City, work with downtown
merchants, the different departments, and help find funding for the events. There are people who
do this for a living.
Councilmember Weidner stated a community festival should be done by the community, for the
community, and not just provide a venue for an outside promoter to come in. The City should
involve local service groups, downtown businesses, youth groups, churches, and run a program
that's for the community. He agrees there needs to be a dedicated person on City staff to do it.
Councilmember Kozlowski agreed that the City needs someone to be in charge of a festival if
the Council can figure out a way to fund a position.
City Administrator Hansen stated he could see what sort of event coordinator positions are
available. Once a person is found, how to fund the position is a question but let's find the person
with the skills.
City Attorney Magnuson added that from the staff point of view, one important decision that has
to be made is whether the City is going to subsidize an event through services in kind or cash, or
should events pay the City something to help defray costs? This has to enter into the discussion.
Councilmember Polehna stated the first step would be to hire someone, then have that person
develop suggestions for the Council to use in developing policy.
Councilmember Kozlowski asked what should be done with the moratorium? Does it serve a
purpose at this point?
Mayor Harycki replied the purpose was to prevent staff from spending hours evaluating event
requests that the Council had no intention of approving.
City Administrator Hansen added that the moratorium still serves a purpose, but hopefully it
won't be needed in a few months. He recommended leaving it in place for now.
NEW BUSINESS
The Grand Request for Parking Vouchers
Community Development Director Turnblad reviewed the request from Dick Anderson of the
Grand to purchase discounted vouchers for the parking ramp. He would buy a validator, and for
each ticket validated he would pay $2 off season, $3 peak season. The Parking Commission
approved of the concept with the condition that the City reserve the right not to accept the
discounted tickets on event dates.
Motion by Councilmember Weidner, seconded by Councilmember Polehna, to approve the Grand
request for discounted parking tickets. All in favor.
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City Council Meeting
April 2, 2013
Possible adoption of a resolution supporting legislation authorizing the establishment of Municipal
Street Improvement Districts
City Administrator Hansen explained that this legislation finally has the votes needed for
approval. It will be another tool in the toolbox for cities to use, therefore he recommends
approval.
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution
2013 -051, A resolution supporting legislation authorizing the establishment of municipal street
improvement districts.
Ayes: Councilmembers Menikheim, Kozlowski, Weidner, Polehna, and Mayor Harycki
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Menikheim asked Community Development Director Turnblad if there has
been further conversation at the Parking Commission about a residents' parking pass.
Community Development Director Tumblad responded that a recommended rate structure was
put together offering free parking to residents. This will be brought back to Council shortly.
Mayor Harycki asked about AEDs in squad cars.
Police Chief Gannaway replied that Sgt. Steve Hanson is looking into some grant funding for
this.
Mayor Harycki noted that next Thursday is a hearing on a bill that would extend use of TIF
funds for the facade program. He will let City Administrator Hansen know how it turns out.
Councilmember Polehna suggested the City pay a $500 stipend to the intern who did the
facilities review.
Motion by Councilmember Polehna, seconded by Councilmember Kozlowski, to provide a $500
stipend. All in favor.
Councilmember Polehna requested nominations for deployed troops to receive care packages
and directed interested citizens to the Yellow Ribbon web site to submit names.
ADJOURNMENT
Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the
meeting at 8:13 p.m. All in favor.
Ken Har , Mayor
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City Council Meeting April 2, 2013
ATTEST:
Diane F. Ward, City Clerk
Resolution 2013 -042, Directing the payment of bills
Resolution 2013 -043, Approval of contract with All Season Outdoor Services
Resolution 2013 -044, Approving 2013 Special Event and Contract Cruisin on the St. Croix
Resolution 2013 -045, Approving 2013 Special Event and Contract Nature Valley Grand
Prix
Resolution 2013 -046, Approving 2013 Special Event and Contract Rivertown Art Festival
Resolution 2013 -047, Approving issuance of an On -sale and Sunday liquor license to
Commander Project LLC, dba: TIN BINS
Resolution 2013 -048, Approval of amendment number one to the agreement between the
City of Stillwater and the Town of Stillwater for growth management, orderly
annexation and the exercise of joint powers for planning and land use and control
Resolution 2013 -049, Approving 2013 license to use real property with North Hill
Community Garden
Resolution 2013 -050, a resolution approving a variance for impervious surface coverage at
106 Lakeside Drive, Case No. 2012 -15
Resolution 2013 -051, A resolution supporting legislation authorizing the establishment of
municipal street improvement districts
Page 10 of 10