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Home My WebLink About2017-07-11 CC MIN i I 1Water TNF IIN TN/LACE OF MINNESOTA CITY COUNCIL MEETING MINUTES July 11, 2017 REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim (left at 6:35 p.m.), Junker, Weidner and Polehna Browns Creek Watershed District President Leiser, Secretary Johnson and Manager Maule Miller, Administrator Kill, Camilla Correll - Emmons & Olivier Resources, Inc., Olivia Sparrow, Emmons and Olivier Resources, Inc. Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward OTHER BUSINESS Workshop with Browns Creek Watershed District - Karen Kill Browns Creek Watershed District Administrator Karen Kill introduced Olivia Sparrow, Emmons & Olivier Resources, Inc. Ms. Sparrow reviewed the feasibility study done in partnership with City of Stillwater to address drainage and flooding issues east of Marylane Avenue. She explained the drainage issues reported by residents, reviewed existing conditions, and summarized a proposed mitigation strategy. A combination of options is needed according to the study, including: 1) either a pond or a culvert across Macey Way; 2) a new local drainage pathway; and 3) minor grading and clearing to pull the remaining ditch away from the houses. Ms. Sparrow added that estimated costs are around 1/2 million dollars. Councilmember Junker asked if flooding is due to heavy rains. Ms. Sparrow replied that the warm, wet year, compounded by the construction on Rutherford Station which compacted the soils and increased the runoff, caused the flooding to the backyards. Councilmember Weidner asked if the flooding is a temporary problem or if it will persist when development is completed. Ms. Sparrow replied that both the pre-development and ultimate conditions models showed there will still be some nuisance flooding, though not reaching the houses, because the rear yards of Browns Creek Preserve are very flat. She added that many residents were unaware how close the drainage easement is to their houses when they purchased their houses. City Council Meeting July 11, 2017 Councilmember Menikheim asked who will fund the mitigation project. Public Works Director Sanders responded he included some money in next year's capital outlay budget for a funding mechanism. Otherwise, the City could possibly use money from the stormwater utility fund, or levy assessments. Ms. Kill added that there may be some possibilities for clean water grants. One resident stated that in 40 years, flooding was never an issue until development began on Rutherford Station. He feels Rutherford Station should share the costs for stopping the water flow. Another resident stated she heard stated it could be 10-15 years before Rutherford Station is fully developed. Ms. Sparrow stated that unfortunately, there's no information to confirm whether the Marylane culvert was compacted by development. She added that the BCWD is working with contractors about mitigating the issues. Councilmember Weidner asked whose responsibility it is to sign off on a drainage plan. Ms. Sparrow replied that the BCWD reviews each development in terms of compliance with all the flood mitigation and rate control rules. The BCWD is really focused on protecting water quality. Administrator Kill added that the BCWD rules require a two foot separation from a foundation to the highest water level, and that is being maintained. The existing situation is unique because there is an older development sandwiched between new developments. The City oversees land use and approval of the development, and the watershed district looks at how water leaves the site. Councilmember Weidner asked if the BCWD would help fund the mitigation project. BCWD President Leiser stated the BCWD has the option to submit a designated project for state funding under the clean water act, but there is no guarantee. If grant money is not available, the BCWD would have to look at its annual funding, its tax levy, and modify its 10 year plan. A resident explained that in the past,the lot there always had a lot of water. The small culvert that was there handled the water flow from west to east. Developers then built up the road a little higher and started to get ponding on both sides. Water levels kept getting higher, so they pumped it all out which is probably what caused the big problem. She suggested the developer contribute something toward a solution for everyone. Administrator Kill stated the BCWD is looking for direction from its board and the City to determine if staff should move forward and expend time on the mitigation project. Councilmember Junker stated he feels the project should move forward with the BCWD,the City, and the Rutherford Station developer as well. Councilmember Weidner asked who would get assessed for the project, if assessments were levied. City Attorney Magnuson replied that by law, anyone who benefits from the project to the extent that the benefit increases the market value of the parcel in an amount equal to the assessment. Councilmember Weidner stated he would oppose using assessments to fund the project. Mayor Kozlowski stated he doesn't think the project will boost market values. Motion by Councilmember Weidner, seconded by Councilmember Polehna, to accept the feasibility study, to work with the BCWD on the grant application, and to direct staff to start looking at funding options. All in favor. Page 2 of 6 City Council Meeting July 11, 2017 Tour of the Police Department The meeting went into recess for a tour of the Police Department. The meeting was then reconvened. Legislative Discussion City Administrator McCarty explained the National Park Service Legacy Act, and a proposed resolution of support for a House of Representatives bill. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve Resolution 2017-138,resolution of support for the National Park System. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None Discussion on Passenger Rail Service City Administrator McCarty informed the Council that the Passenger Rail Organizing Council of the West Central Wisconsin Rail Coalition, a passenger rail advocacy group, is proposing privately funded passenger rail service to go from Eau Claire to downtown St. Paul. The group is looking for resolutions of support from communities along the proposed railway. Motion by Councilmember Polehna, seconded by Councilmember Junker, to table the discussion for further information. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker and Polehna Nays: Councilmember Weidner Discussion on Closing Bridge Event Saturday August 12 Councilmember Polehna explained the proposal for an August 12 community celebration of the closing of the lift bridge. The proposal is to close Chestnut Street from Main to the promenade in front of the bridge for a polka dance. He would like the City to contribute funding for the event. City Administrator McCarty added that estimates for the entertainment,traffic control,barricades, restrooms and garbage collection are around $7,000 and possibly more. He added that an individual has booked the gazebo for a wedding at 6 p.m. that evening, so staff will have to coordinate with them. Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to approve the event application, to authorize funds up to $12,000, to direct staff to notify the wedding party of the event, and to approve the submission of an application to MnDOT to close Chestnut Street. All in favor. Discussion on August 2 meeting Mayor Kozlowski shared tentative plans for the actual closing of the lift bridge on August 2. There will be speeches in Lowell Park for 45 minutes to 1 hour, and a ribbon cutting ceremony. Motion by Councilmember Polehna, seconded by Mayor Kozlowski, to move the recessed meeting on Wednesday, August 2 from 7:00 p.m. to 5:30 p.m. All in favor. Page 3 of 6 City Council Meeting July 11, 2017 STAFF REPORTS Police Chief Gannaway reported that the 4th of July event went fairly well. Community Development Director Turnblad reported the Comprehensive Plan Advisory Committee has 20 members. Finance Director Harrison reminded the Council of the August 15 budget workshop at 3:30 p.m. Mayor Kozlowski recessed the meeting at 6:47 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:07 p.m. Present: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna Absent: Councilmember Menikheim Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of June 20, 2017 regular and special meeting minutes Motion by Councilmember Junker, seconded by Councilmember Polehna, to approve the June 20, 2017 regular and special meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Officer Daniel Young -Night to Unite Officer Young provided information on activities Night to Unite, Tuesday, August 1 at Washington Square Park and for asked Councilmembers to volunteer for the dunk tank. Community Thread 2018 Budget Request—Sally Anderson, Executive Director Community Thread Executive Director Sally Anderson summarized Community Thread programs serving the citizens of Stillwater. She asked the Council to consider$16,000 of financial support for 2018. Youth Service Bureau 2018 Budget Request—Bob Sherman, Executive Director Bob Sherman, Executive Director of Youth Service Bureau, provided an update Youth Service Bureau programs and requested funding in the amount of$10,500. Page 4 of 6 City Council Meeting July 11, 2017 OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2017-134, Directing Payment of Bills Resolution 2017-135, approving appointments to Heritage Preservation Commission Possible approval of Faster than the Pastor Special Event— 10/07/17 Possible approval of Bagpipes and Bonfires Special Event—09/23/17 Possible approval to purchase switch for Armory Possible approval to purchase key card items two doors Resolution 2017-136, approval of"easement or agreement" for drainage & utility purposes Resolution 2017-137, approving amendment to the 2017 Lumberjack Days special event contract Possible approval of Cable Communications Budget for Fiscal Year 2017 Motion by Councilmember Junker, seconded by Councilmember Weidner, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Comprehensive Plan Scoping Document Community Development Director Turnblad informed the Council that he will prepare an RFP in the next two weeks for planning consultant services for the remainder of the Comprehensive Plan. He presented a scoping document that outlines basic elements required by state law or suggested by the Met Council. Duane Arndt, representing the Metropolitan Interfaith Council on Affordable Housing, asked if the Met Council's goal for Stillwater of 227 units of affordable housing in 2040 will be included. Mr. Turnblad replied that the scoping document summarizes the elements that are required by the Met Council. COMMUNICATIONS/REQUESTS There were no communications or requests. COUNCIL REQUEST ITEMS There were no Council request items. Page 5 of 6 City Council Meeting July 11, 2017 ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn the meeting at 7:34 p.m. All in favor. Michael Polehna, Vice Mayor ATTEST: /014:iti &9. Diane F. Ward, City Clerk Resolution 2017-134, Directing Payment of Bills Resolution 2017-135, approving appointments to Heritage Preservation Commission Resolution 2017-136, approval of"easement or agreement" for drainage and utility purposes Resolution 2017-137,approving amendment to the 2017 Lumberjack Days special event contract Resolution 2017-138, resolution of support for the National Park System Page 6 of 6