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HomeMy WebLinkAbout2013-04-02 CC MIN' j�rater THE 1INTNELI CE OF YIMN EEE TF 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. Page 2 of 10 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 Page 3 of 10 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. Page 4 of 10 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. Page 5 of 10 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% Page 6 of 10 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. Page 7 of 10 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. Page 8of10 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 Page 9 of 10 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