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HomeMy WebLinkAbout2004-10-05 CC MIN CITY OF STILLWATER CITY COUNCIL MEETING NO. 04.24 October 5, 2004 REGULAR MEETING 4:30 P.M. Present: Absent: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Others Present: City Administrator Hansen Police Chief Dauffenbach Director of Administration Knauss Public Works Director Eckles Fire Chief Glaser Community Development Director Russell Finance Director Harrison City Clerk Ward OTHER BUSINESS 2005 Street Improvement Proiect Public Works Director Eckles provided Council with a map that was included in the 2005 feasibility report. He stated that Council requested that more streets be added as an option and the streets staff has determined that could be included are Orwell Court and Olive Street from Greeley to Holcombe Street, which is also included in the map. He also provided a map for the streets that were recently rated in the City's Pavement Management Program. Possible approval of resolution declarinq an emergency. authorizinq emerqency manaqement and hazard mitiqation activities with reqard to the exterior wall at Territorial Prison site Public Works Director Eckles stated that the prison wall is suffering from a number of deficiencies, including roots, missing capstones, missing wall stones, deteriorated bottom stone and deteriorated joints. He also stated that they had hoped the work could have been done with the developer's contractor, however that is not possible. He believes that the work needs to be done immediately because of the condition of the wall and before construction by developer is completed. He requested that Council adopt a resolution declaring the wall as an emergency and authorizing staff to negotiate a contract with Jay Brothers to repair the wall. He also stated that the developer will pay $25,000 (their original budget) plus $158,000, which is half of the cost of the repair of the wall, and the total project would not exceed $341,346.00. Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2004-200, a resolution declaring an emergency, authorizing emergency management and hazard mitigation activities with regard to the exterior wall at Territorial Prison site at a cost not to exceed $341,346.00. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None L STAFF REPORTS Police Chief Dauffenbach informed the Council of the auction at the Public Works Garage on Wednesday, October 6. He stated that items from with Stillwater School District, Oak Park Heights, Bayport, Stillwater Police Departments would be for auction. Fire Chief Glaser provided an update on the receipt of the new fire truck and the items purchased with the 2003 FEMA grant. He also reported that the restroom project for the Fire Department has been completed. Mayor Kimble requested that he meet with the Community Development Director regarding the HPC and Planning process and status of the Lofts project. Community Development Director Russell provided Council with a summary of the heights and number of units of Buildings 1, 2, 3. 4 and 5 of Terra Springs. Council member Junker asked about the garage parking and if the measurement starts at the exposed area of the garage. Mr. Russell stated that the garage is considered basement and the measurement starts from ground level (lobby) and that the definition of height is by taking the lowest point and the highest point and take the average and that is where it is measured and going up 54 feet is the midpoint of the roof. Mayor Kimble and Council member Junker stated that there will be questions regarding the height at the public hearing and how it was measured. Mayor Kimble stated that it is being perceived that this building will tower over the others. Mayor Kimble asked if there were any problems with the Mills project. Mr. Russell stated that he hasn't heard of anything, however they did bid the materials and they came back high and wanted to change the design. He stated that is where a problem can come in because one design was approved and because the material costs were higher than expected they want to change the design, which becomes different than the design approval they received. Councilmember Junker stated that the Mills did a great job on the demolition, however asked if the concrete barriers could be moved. Mr. Russell stated that it would be difficult because the building will come up right to the sidewalk. He also addressed the possible temporary parking on the abandoned railroad bed for the construction workers in the area. Mayor Kimble suggested that maybe scaffolding and plywood be used to open up the sidewalk and yet protect the pedestrians. Public Works Director Eckles reviewed some of the objections to North Hill assessments received. Council member Milbrandt expressed concern about the hookup charge versus assessments for those property owners who have purchase agreements on their property Page 2 of 13 based on assessment information they received before the hookup charge was implemented. He asked City Attorney Magnuson if the Council could adopt the assessment roll and anyone who has an objection would have to file with the City Clerk a written objection before or at the hearing. He stated that Council could not amend the roll, but could inform the property owners with purchase agreements that they can sign a agreement of assessment and waiver of notice, hearing, and appeal and then they would be responsible for the payment of the assessment rather than paying the hookup charge. He reminded Council of the appraisals and that these appraisals justify the assessment. Finance Director Harrison reported that she has sent out Requests for Proposal for auditing services with a three-year term. She stated that she would be presenting that information to Council at a future meeting. Mayor Kimble recessed the meeting at 5:50 p.m. RECESSED MEETING 7:00 P.M. Present: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Absent: None Others Present: City Administrator Hansen Police Chief Dauffenbach Director of Administration Knauss Public Works Director Eckles Fire Chief Glaser Community Development Director Russell Finance Director Harrison City Clerk Ward APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the September 21 , 2004 regular meeting minutes and September 22, 2004 special meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kimble welcomed the Russian delegates to the City Council meeting. OPEN FORUM Police Chief Dauffenbach informed the audience of the City auction at the Public Works Garage on Wednesday, October 6, 2004 at 4:46 p.m. Fire Chief Glaser informed the audience of Fire Prevention Week and the open house at the Fire Station on Saturday, October 9,2004. CONSENT AGENDA Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the Consent Agenda. Page 3 of 13 Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-198, directing payment of bills Resolution 2004-199, approval of agreement for snow removal services 2004-2005 Approval to purchase and have installed a new play structure for Lily Lake Park Approval of utility bill adjustments - sewer charges Approval of transfer of Special Assessment Balances for 1616 West Olive Approval of Capital Outlay for City Hall Roof Upgrades PUBLIC HEARINGS This is the date and time for the public hearinq to consider an assessment for grading of city lot City Clerk Ward reviewed the proposed assessment for the grading of a City lot. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Kriesel to adopt Resolution 2004-201, adopting assessment for grading of city lot (L.I. 362) Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None This is the date and time for the public hearinq to consider assessments for the North Hill Improvement Proiect. Public Works Director Eckles provided an update on the North Hill Project and explained the assessment roll methodology. Assistant City Engineer Sanders presented information to Council and the audience on the history of the project, proposed assessments, funding sources, and assessment rates. Mayor Kimble opened the public hearing. Mr. Ron Christofferson, 324 E. St. Croix Avenue, stated that the current water main was replaced with new copper around 1982 and paid the $995 cost. He stated that they paid for water two times and he should not be charged a third time. He also stated he objected to the street improvement assessment because they have no benefit from the upgrade on North Broadway and cannot access their property from North Broadway. He continued by saying that North Broadway is virtually a private road for 5-6 homes that receive actual benefit and felt that their property should not be assessed for the improvements on North Broadway. Page 4 of 13 Mayor Kimble explained the 429 process and stated that if the roll is adopted any objections requires action at District Court. Mr. Christoperson asked if the $25,000 hookup includes utilities for developers who may put in 4 lots and if that amount includes the road costs. Mr. Eckles stated that the $25,000 hookup includes that cost. Ms. Marge Knowlton, 1208 N. Broadway asked if they would have to immediately hookup because she already has water. Mayor Kimble explained the issue of private water lines and stated that this issue came up last year when a homeowner had a neighbor's private line running through his neighbors yard and he wanted it moved. He stated that other people have paid for a watermain costs, but this area has not. Mr. Eckles stated that if properties are already on the City's water system it would not be required to abandon the line and hookup to the watermain, however it is there in case the private service lines are compromised, that the properties will be able to hook up to the water main. Mr. Christopherson asked if the ordinance for immediate hookup applies. Mayor Kimble stated that it does apply to residents with septic and well, but not to residents that have a private service on the City's system as in the case of Ms. Knowlton. Mr. Bill Klein, 1220 N. Broadway, provided an objection to the water main assessment and stated that he has a letter that they have paid an assessment for water and provided that information to the City Clerk. Mr. Dick Edstrom, 1817 North 2nd Street, stated that he wished his assessment be raised because he presently has a purchase agreement to sell the property and felt that he should be allowed to pay the cost of the assessment rather than $25,000 for a hookup charge. City Attorney Magnuson stated that in special circumstances such as purchase agreements already in place, Council could request that the people sign a agreement of assessment and waiver of notice, hearing, and appeal and then they would be responsible for the payment of the assessment rather than paying the hookup charge. Mayor Kimble asked Mr. Edstrom to meet with Public Works Director Eckles regarding the agreement of assessment and waiver of notice, hearing, and appeal. Mr. Terry Fisher, owner of property at 115 Willow, stated that he had purchased the property with information regarding the original assessment and that he is now subject to the hookup charge. He requested that the assessment be reinstated. Mayor Kimble asked Mr. Fisher to meet with Public Works Director Eckles regarding the agreement of assessment and waiver of notice, hearing, and appeal. Page 5 of 13 Ms. Patricia Danaher, 1723 2nd Street N, stated that she has submitted a written appeal to her assessment because of the cost of the assessment and the cost she would have to have her home connected to the sewer and water. She stated that the connection will be expensive, approximately $17,000. She also stated that she has a working system and would like to postpone the hookup to the sewer and water until the home is sold. Mayor Kimble advised the audience that if one contractor does multiple dwellings people may get a better price on the installation of services Mr. Michael Wente,125 E Willow, spoke against the assessment and would not benefit from the improvement. He stated that they have a long, narrow corner lot with large street frontage that cannot be subdivided. He felt he was being punished for not subdividing. He provided a written objection to the assessment. Mr. Brian Larson, 2008 Hazel Court, stated that he objected to the amount assessed against his property. He doesn't begrudge anyone their reduction in assessment and that the 2001 assessment placed an unfair burden on some properties and that the new formulas have made some assessments more fair, however there are some assessments that are made less fair in the case of his property a mid-sized acre lot is in effect subsidizing the reductions that the other larger and smaller lots are receiving. He stated funding reduced the cost from the 2001 feasibility, however also did the formula and he will be paying more. He felt that assessments should go down with the project costs being lower however the mid-size lots are getting the assessments raised. He asked that the assessment be revaluated and reduced sharing equitably in the state funding benefit the rest of the project is receiving and felt that his assessment was not a fair assessment. Ms. Julie Paulson, 104 E. Poplar, stated she was appreciative of the hard work that has been done to reduce the assessments and how the project has gone smoother and quicker than anyone thought it would. She thanked the contractor and City staff for their professionalism and assistance in this project, however she has submitted an objection to the assessment because to hookup to the system would cost approximately $20,000 including other hookup fees. She stated that their septic system was completely replaced in 1999 for approximately $20,000 and felt that the assessment should be less than properties that have older septic systems. She did not agree with the appraisal and felt that the improvements would enhance the value of their property $10,000-$20,000, not $37,000. She requested a reduction in the assessment. Mr. Jon Skallen, 1900 N. 3rd Street, asked if the park road would still be maintained, he requested that he be allowed to hookup to the water and sewer until at least next year to take advantage of possible savings when a new house is built on the lot next to his. He stated that his septic and well are in excellent shape. He was wondering how he got a 3rd Street address when there is no 3rd Street near his property. Mayor Kimble suggested that Mr. Skallen talk to Mr. Sanders or Mr. Eckles regarding the hookup and his address. Mr. Dale Shaller, 1819 4th Street N, provided an appeal to the requirement that resident's hookup to new sewer and water upon completion of the project. He stated that he has a very new well and septic system that is fully functional. He requested deferment of the immediate hookup until the time his house and lot are sold. He also stated that the costs for a long hookup would be expensive. Page 6 of 13 l___________ Mr. Bruce Ehlers, 110 Lakeside Drive, commended the contractors and City staff, especially Tim Moore for the excellent work and service on the project. He stated that he has submitted an objection to the street assessment for his property. He felt that the street assessment should have been a flat fee, as for the other utilities and spread among all properties rather than per lineal foot because everyone uses the streets. Mr. John Schoenecker, 301 Willow Street, asked about the no parking on Willow Street. Mr. Eckles explained that because Municipal State Aid (MSA) monies were used on that street, MSA standards dictate the parking on the street. He stated that if the street was wider there could have been parking on one side, however because residents didn't want it wider the street had to be built to those standards. Mr. Eckles also explained that the City tried to get a variance to the parking rules but that MSA denied the variance. He stated that they are adding parking areas on 1 st Street and at the bottom of the hill. Mr. Schoenecker stated that regarding the property at 1818 N 1st Street he asked for clarification on the assessment costs. Mr. Sanders stated that there were some unique properties that did not front on any of the streets and the assessment was based on a 60-foot assessment, which is the width of the right of way. Ms. Colleen Roach, 1901 2nd Street N, spoke against the street assessments and felt they should be fair and spread across evenly among the properties. She asked if the MSA monies were not used on Willow Street, then parking would be allowed on Willow. She asked about if parking is not available on Willow where parking is allowed. She stated that there is no parking on 2nd or Willow. She asked that traffic speeds should be monitored in this area. Mr. Sanders stated that the State Aid portion of 2nd Street ends at Willow Street and that 2nd Street from Willow to River Heights Drive is 32 feet wide so that allows parking on one side. Mayor Kimble reminded the audience that if there are objections to the assessment that they be submitted in writing to the City Clerk tonight. Mayor Kimble closed the public hearing. Council member Rheinberger asked City Attorney Magnuson to explain the rules of the project. Mr. Magnuson explained the process for objections and that written objections must be submitted prior to or at the hearing to the City Clerk and if the assessment roll is adopted that those who provide those objections in writing may appeal to the District Judge for adjustments to the assessment roll. He stated that an appeal to the District Court must be done within 30 days of the adoption of the assessment roll. After discussion, it was the Council consensus that staff review the objections received and provide information to the Council at a special meeting on October 13, 2004 at 4:30 Page 7 of 13 L p.m. as to any recommended changes to the assessment roll for the people who have objected to their assessments. Councilmember Kriesel asked Mr. Eckles to explain the logic of not spreading the street assessments equally over all the properties. Mr. Eckles explained that usually staff likes to do a unit cost for streets and explained the reasoning behind the lineal foot assessment for streets. Councilmember Milbrandt stated that % of this project is being borne by the rest of the residents of Stillwater through general taxes and felt this is the most gracious project/assessments that they could come up with. Motion by Council member Junker, seconded by Council member Milbrandt to adopt Resolution 2004- 202, resolution adopting assessment for the North Hill Improvement project (Project 2000- 15) and direct staff to review the objections to the assessments and provide information to Council at a special meeting set for Wednesday, October 13, 2004 at 4:30 p.m. to review objections to the assessment roll. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Mayor Kimble recessed the meeting at 8:10p.m. Mayor Kimble reconvened the meeting at 8:20 p.m. This is the day and time for the public hearino to consider adoption of the Boutwell South Area Plan. The Boutwell South Area Plan is bounded bv Boutwell Avenue. County Road 15 (Mannino Avenue) and County Road 12. Community Development Director Russell presented the Boutwell South Area Plan. The area is bounded by County Road 12, Boutwell Road and Manning Avenue. Most of the area is in Stillwater Township and is in the Phase IV annexation area. The plan looked at natural resources, drainage, and land use. There have been two Joint Board public hearings, two Planning Commission public hearings, and a public hearing by the City Council. The Planning Commission has made one change, Recommendation No.3, to the original plan based on traffic studies. The purpose of the plan is to provide a land use guide for future development of the area. Mayor Kimble opened the hearing to the public. Gail Pundsack, 140 Northland Avenue, stated that the process has been over a year long. When Croixwood was built 30 years ago, there was no decent north-south route included. She suggested that Manning be improved first before any development takes place. Steve Fischer, Bruggeman Properties, supports the information in the plan, except Recommendation No.3, to facilitate annexation. Lynn Moorhead, 12092 75th St. N., would like to see the proposal approved. Page 8 of 13 Mayor Kimble closed the public hearing and Council discussed the item. Councilmember Milbrandt stated that he is in favor of Recommendation No.3, that no development occurs until the traffic issues are resolved. Councilmember Junker stated that he is in favor of connecting Neal Avenue to County Road 12. Councilmember Kriesel stated his concerns with additional traffic on existing streets. He feels the City should not move forward until the traffic issue is addressed. Council member Rheinberger stated he is in favor of adopting the plan because it addresses the development that will likely occur and it moves the process ahead. Motion by Councilmember Rheinberger, seconded by Council member Milbrandt to adopt Resolution 2004-203, resolution adopting the Boutwell South Area Plan with recommendations as presented. Ayes: Councilmembers Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: Councilmember Kriesel Case No. V/04-80. This is the date and time for the public hearina to consider a reauest from Jennifer and Tom Grahek for a variance to the lot size requlations (7.500 sauare feet reauired. 6.732 sauare feet reauested) for the construction of a residence with an attached aaraqe located at 927 6th Avenue South in the RB. Two Family Residential District. Community Development Director Russell reviewed the variance request. He stated that the lot is a nonconforming lot size and there was a house on this property, which had a fire about a year ago and subsequently demolished. He stated that the proposed house and garage to be constructed on the property would not require any variances to the building setback requirements and that the Planning Commission recommended approval. Mayor Kimble opened the public hearing There were no public comments. Mayor Kimble closed the public hearing. Motion by Councilmember Rheinberger, seconded by Councilmember Junker to grant a variance to the lot size regulations at 926 South Sixth Avenue. All in favor. Case No. PUD-FNI04-84. This is the date and time for the public hearinq to consider a reauest from Terra Sprinqs. LLC. for a Final PUD approval and a variance to heiqht (54 feet reauested. 50 feet allowed) for Buildinq NO.5 of Terra Sprinqs Development containinq 36 residential units located at 650 North Main Street in the CBD. Central Business District. Community Development Director Russell presented the request. This is the final site in the Terra Springs development to come before Council for final PUD approval. This request has 50 fewer units than requested in the concept PUD. The concept PUD approved four stories, fifty feet; the current plan requests four stories, fifty-four feet. Mr. Russell explained that height is measured from the mid-point of the grade to the mid- point of the pitch of the roof. Mayor Kimble opened the hearing to the public. Page 9 of 13 Brian Sweeney, Frauenshuh-Sweeney, addressed Council and presented a fact sheet on the environmental clean up of the site. Jack Buxell, architect for the project, presented the plans and drawings of the proposed building. Suki Thomsen, 913 N. Broadway, presented a letter from the most-affected neighbors. They support the Terra Springs development, but disagree with the calculation of height. They feel their views will be destroyed and property values lowered. They feel there is no hardship, therefore no reason to grant the variance, and asked that Council deny the request. Larry Lappi stated they are not opposed to the development, only the height and massiveness of the building. Their view will not be affected, but those of some of the neighbors will be affected. He asked why a two-foot variance was requested at the Planning Commission, and now there is a four-foot variance being requested. Mr. Buxell responded that the measurement was originally taken from the back of the building. The measurement should have been taken from the front of the building, which added another two feet to the request, because of the grade elevation. Mr. Lappi feels the measurement should be taken from Main Street, and he feels there is no hardship. A resident of 1002 1st St. N. expressed his concern over the height request. Paulette Lappi stated that if they were to subdivide their property, the lower lot would have its view impaired. She asked what the hardship is that justifies the variance. Tina Mishaud, 904 1st St. N., stated that she was not notified of this meeting because she is outside the 300 feet of building 5. Tom Thomsen, 913 N. Broadway, stated that since the building will be five stories why there is not a request for a variance for number of stories. Larry Lappi, asked if there could be an explanation of what the hardship is. City Attorney Magnuson stated that the very nature of a PUD assumes that there will be variances. The PUD allows the overall design of the project to be integrated. Mr. Russell stated that because over 50 percent of the lower level is below grade, it is considered a basement and not counted in the number of stories. Suki Thomsen stated that her concern is the massiveness of the building. Looking at the building, it is obvious there are five stories. There would be no need for a variance if it had been four stories. She feels there is no opportunity for public input until the very end of the project when it is too late. She questioned if this process will happen with the other two downtown developments. Mayor Kimble responded that this has been a ten-year process with public input throughout the process. He also stated that the building is considered four stories under the guidelines. Mayor Kimble closed the public hearing and turned discussion over to the City Council. Council member Kriesel asked what the alternative would be if the variance was denied. Page 10 of 13 Mr. Buxell responded that the height cannot be reduced without compromising the upscale quality of the residences. He feels that the building will not affect the neighbors' views. Motion by Councilmember Rheinberger, seconded by Councilmember Milbrandt to deny final PUD approval and a variance to heights. Motion failed. Ayes: Councilmembers Rheinberger and Milbrandt Nays: Councilmembers Kriesel, Junker and Mayor Kimble Motion by Councilmember Junker, seconded by Councilmember Kriesel to approve by straw vote the Final PUD and variance to height for Building NO.5 of Terra Springs Development and directing City Attorney Magnuson to prepare findings of fact relating to this approval. Ayes: Councilmembers Kriesel, Junker and Mayor Kimble Nays: Council members Rheinberger and Milbrandt UNFINISHED BUSINESS Possible second readinq of Ordinance No. 948, Zoninq Map Amendment chanqina the zoninq of a 1.5 acres parcel located at 7160 Mid Oaks Avenue from Aqricultural Preservation (AP) to Lakeshore Residential (LR). (First readina 9/21/04) City Attorney Magnuson reviewed the proposed ordinance for the Zoning Map Amendment relating to the rezoning of 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR). Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Ordinance No. 948, Zoning Map Amendment changing the zoning of a 1.5 acres parcel located at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR). Ayes: Councilmembers Kriesel, Rheinberger, Junker and Mayor Kimble Nays: Councilmember Milbrandt Possible approval of resolution adoptina findinqs of fact relatina to the approval of an ordinance relatina to the Zoninq Map Amendment chanaina the zoninq of a 1.5 acres parcel located at 7160 Mid Oaks Avenue from Aqricultural Preservation (AP) to Lakeshore Residential (LR) City Attorney Magnuson reviewed the findings of fact for the ordinance relating to the zoning map for the 1.5-acre parcel located at 7160 Mid Oaks Avenue. Mr. Tim Keane, Leonard, Street and Deinard, representing Wes and Deirdre Kramer, presented Council with an objection to the findings of fact, conclusions and order prepared by City Attorney Magnuson. Motion by Council member Kriesel, seconded by Councilmember Rheinberger to adopt Resolution 2004-205, approving findings of fact, conclusions and order relating to the zoning map amendment changing the zoning of a 1.5 acres parcel located at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR). Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Page 11 of 13 - Nays: None NEW BUSINESS Possible approval of new Tobacco License - Libertv Villaae Wine & Spirits Mayor Kimble reviewed the memo from City Clerk Ward for a new tobacco license for Liberty Village Wine & Spirits. Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2004-206, approving new tobacco license for Liberty Village Wine and Spirits. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Park Board recommendation reaardina future possible use of Kolliner Park Community Development Director Russell stated that the Parks Board at their September 27,2004 meeting discussed the future use of Kolliner Park. He stated that the board reviewed the previously approved Park Plan for Kolliner Park and that the future of the park was mentioned in the Draft Environmental Impact Statement for the St. Croix River Crossing. He stated that the Parks Board felt that the City should maintain ownership of Kolliner Park and that possible passive recreational use consistent with the sites open space/natural character should be considered for future use. Mayor Kimble expressed concern regarding the use of Kolliner Park and believed there were stipulations when the City acquired that park. Motion by Councilmember Milbrandt, seconded by Council member Junker to table the issue and directed staff to produce the resolution and deed relating to Kolliner Park. All in favor. ADJOURNMENT Motion by Councilmember Rheinberger, seconded by Council member Junker to adjourn the meeting at 10:36 p.m. All in favor. Ja{J~~ ATTEST: ~ d. P)tvJ~ Diane F. Ward, City Clerk Page 12 of 13 Resolution 2004-200, a resolution declaring an emergency, authorizing emergency management and hazard mitigation activities with regard to the exterior wall at Territorial Prison site Resolution 2004-201, adopting assessment for grading of city lot (L.1. 362) Resolution 2004-202, resolution adopting assessment for the North Hill Improvement Project (Project 2000-15). Resolution 2004-203, resolution adopting Boutwell South Area Plan Resolution 2004-204, resolution approving a Final PUD and a varianoo to hoight for Building No.5, of Torra Springs Dovolopment NOT USED Resolution 2004-205, approving findings of fact, conclusions and order relating to the zoning map amendment changing the zoning of a 1.5 acres parcel located at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR) Resolution 2004-206, approving new tobacco license for Liberty Village Wine and Spirits Ordinance No. 948, Zoning Map Amendment changing the zoning of a 1.5 acres parcel located at 7160 Mid Oaks Avenue from Agricultural Preservation (AP) to Lakeshore Residential (LR). Page 13 of 13