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HomeMy WebLinkAbout2007-02-06 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-04 February 6, 2007 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Acting Police Chief Peterson Public Works Director Sanders City Clerk Ward OTHER BUSINESS Vote on Councilmember -Ward 2 Vacancy 4:30 P.M. Mayor Harycki and Councilmember Polehna both spoke of the difficult situation the Council is placed in by having to select a new Council representative from a list of fine candidates. Councilmember Polehna suggested that in the future the Charter Commission be directed to look at the process. Councilmember Gag noted it is the Charter that guides the process. Director of Administration Knauss distributed ballots for the first round, asking that each Councilmember vote for three candidates, signing and printing their names. Councilmember Polehna voted for Adam Nyberg, Marguerite Rheinberger and Michael T. Russ. Councilmember Milbrandt voted for Adam Nyberg, Marguerite Rheinberger and Michael T. Russ. Councilmember Gag voted for Steven Keister, Kathleen Vadnais and Adam Nyberg. Mayor Harycki voted for Robert Lockyear, Kathleen Vadnais and James Martin. In the first round, Adam Nyberg received 3 votes; Kathleen Vadnais, Marguerite Rheinberger and Michael T. Russ were tied with 2 votes each. It was agreed to have all four candidates advance to the second round. In the second round of voting, Councilmembers were asked to vote for two candidates. Councilmember Polehna voted for Adam Nyberg and Michael T. Russ. Councilmember Milbrandt voted for Adam Nyberg and Michael T. Russ. City Council Meeting - 07-04 February 6, 2007 Councilmember Gag voted for Kathleen Vadnais and Adam Nyberg. Mayor Harycki voted for Kathleen Vadnais and Marguerite Rheinberger. In the second round, Adam Nyberg received three votes, Kathleen Vadnais and Michael T. Russ each received two votes and Marguerite Rheinberger one. It was agreed to have the top three advance to the next round. Councilmembers voted for one candidate in the third round. Councilmember Polehna voted for Adam Nyberg. Councilmember Milbrandt voted for Adam Nyberg. Councilmember Gag voted for Kathleen Vadnais. Mayor Harycki voted for Kathleen Vadnais. Mayor Harycki asked City Attorney Magnuson whether according to state statute and City Charter, the Mayor casts the deciding vote in an instance of a tie. City Attorney Magnuson responded that Stillwater is not a statutory city and the City Charter is silent on the matter of a tie, thus requiring continual voting to resolve the tie. In the fourth round, Councilmembers again voted for one candidate. Councilmember Polehna voted for Adam Nyberg Councilmember Milbrandt voted for Adam Nyberg; Councilmember Gag voted for Kathleen Vadnais Mayor Harycki voted for Kathleen Vadnais. Mayor Harycki suggested one more round of voting. City Attorney Magnuson advised that because the Charter is silent on the issue of a tie vote and the Council sets the rules for the election, the Council could decide on atie-breaking. Mayor Harycki asked what other cities do for tie-breakers. City Attorney Magnuson stated some communities use a coin flip. The Council could decide to give the Mayor the power of the deciding vote or could decide to continue the election for two weeks. Mayor Harycki suggested a motion for a coin flip as the tie-breaker lacking any better direction from the City Charter. Councilmember Gag said he would not be comfortable with a coin flip and suggested some type of point system. Mayor Harycki spoke in favor of getting a woman's perspective on the Council. Councilmember Gag suggested it is important not to profile. Councilmember Milbrandt noted that each Councilmember had reasons for voting as they have, including the way candidates answered questions and his or her long-range vision for the City. Councilmember Gag explained how he arrived at his vote, using criteria of about nine different factors. Councilmember Polehna also spoke of the importance of a candidate's vision for the City. City Attorney Magnuson suggested perhaps starting over and a third candidate might surface to resolve the situation. Mayor Harycki again spoke of the importance of directing the Charter Commission to address the issue. Page 2 of 15 City Council Meeting - 07-04 February 6, 2007 It was agreed to include all 10 candidates in the next round of voting, with Councilmembers voting for two candidates. In the fifth round: Councilmember Polehna voted for Adam Nyberg and Michael T. Russ. Councilmember Milbrandt voted for Adam Nyberg and Michael T. Russ. Councilmember Gag voted for Kathleen Vadnais and Adam Nyberg. Mayor Harycki voted for Kathleen Vadnais and James J. Martin. In this round, Adam Nyberg received three votes, Kathleen Vadnais and Michael T. Russ each received two votes and James J. Martin received one vote. Adam Nyberg, Kathleen Vadnais and Michael T. Russ advanced to the 6th round of voting, with Councilmembers voting for one candidate. Councilmember Polehna and Councilmember Milbrandt voted for Adam Nyberg; Councilmember Gag and Mayor Harycki voted for Kathleen Vadnais. Mayor Harycki suggested a motion to continue the matter until the 7 p.m. agenda, given the lack of direction from the City Charter and state statute on the issue of atie-breaker. Councilmember Polehna, seconded by Councilmember Milbrandt, moved to continue the vote. Councilmember Gag spoke of the possibility of using a point system, to rate Councilmembers' top five candidates. It -was suggested that Councilmembers rank their top three candidates Motion to continue the vote was withdrawn. Motion by Councilmember Gag, seconded by Councilmember Milbrandt, moved to have the Council rank their top three candidates, with 1 being the top candidate, 2 the second choice and 3 the third choice. Councilmember Polehna voted, in rank order, for Adam Nyberg, Michael T. Russ and Marguerite Rheinberger Councilmember Milbrandt voted, in rank order, for Adam Nyberg, Michael T. Russ and Marguerite Rheinberger Councilmember Gag voted, in rank order, for Kathleen Vadnais, Adam Nyberg and Steven Keister. It was noted that a candidate with 0 votes would be the top candidate with the 1- 2-3 point total, and it was suggested that the numbers be reversed. Under advice from City Attorney Magnuson, new ballots were distributed, with the top choice given a point total of 3, second choice a point total of 2 and third choice a point total of 1, with the person with the highest point total the winner. Councilmember Gag amended his motion to reflect the 3-2-1 point system; Councilmember Milbrandt amended his second. All in favor. The 7th round of voting was: Page 3 of 15 City Council Meeting - 07-04 February 6, 2007 In rank order, Councilmember Polehna voted for Adam Nyberg, Michael T. Russ and Marguerite Rheinberger In rank order, Councilmember Milbrandt voted for Adam Nyberg, Michael T. Russ and Marguerite Rheinberger In rank order, Councilmember Gag voted for Steven Keister, Adam Nyberg and Kathleen Vadnais; Councilmember Gag stated he had inadvertently reversed his voting order -- Ms. Vadnais was his top choice and should be assigned 3 points, with Nyberg second and Keister third. In rank order, Mayor Harycki voted for Kathleen Vadnais, James Martin and Adam Nyberg. The results were: Steven Keister - 1; Kathleen Vadnais - 6; James J. Martin - 2; Adam Nyberg - 9; Marguerite Rheinberger - 2; Michael R. Russ - 4. Adam Nyberg was the frontrunner with 9 points. It was noted that swearing in would be the second agenda item at the 7 p.m. meeting. The meeting was recessed at 5:17 p.m. and reconvened at 5:21 p.m. Presentation on Comprehensive Plan Proposals Representatives of the two teams of consultants being considered for selection to perform the City's Comprehensive Plan/Downtown Plan update were given 15 minutes for a formal presentation outlining the proposed scope of services. Brad Scheib and several others represented the group led by Hoisington Koegler Group, as the lead firm, along with, SRF Consulting Group, Claybaugh Preservation Architecture and ZHA Inc. Mr. Scheib introduced team members. Barry Warner, SRF Consulting Group, highlighted the team's experience in the preparation of comprehensive/downtown plans for river communities and work on previous projects with the City. Rusty Fifield spoke of the public participation/communications process to be utilized in preparation of the plans. A question-and-answer period followed. Councilmember Milbrandt asked about the relationship between the project steering committee and the interrelationship between the downtown plan and the rest of the community. Councilmember Milbrandt expressed a concern about a possible emphasis on the Downtown Plan versus the Comprehensive Plan. Councilmember Gag asked for a comment regarding the biggest challenge for downtown and the biggest challenge for the rest of the community. Mayor Harycki asked about the tools for encouraging public involvement in the process. Councilmember Polehna asked about the consensus-building process. Sherri Buss introduced the proposal from Bonestroo, Rosene & Anderlik/DSU and Larson Brenner Architects. Ms. Buss introduced team members and their experience. Tina Goodroad spoke of the Comprehensive Plan update process and issues; she also highlighted public participation efforts that would be utilized both in the Comprehensive Plan and Downtown Plan component. Geoff Martin Page 4 of 15 City Council Meeting - 07-04 February 6, 2007 spoke of the Downtown Plan component/issues and various elements to be assessed. Brian Larson spoke of his firm's previous work with the City, including assisting in the development of the infill design guidelines and modeling for the downtown height overlay district. In the question-and-answer period, Mayor Harycki asked if transportation issues are looked at in conjunction with neighboring communities. Councilmember Polehna asked about experience in waterfront planning issues. Councilmember Milbrandt spoke of the City's past experience with Bonestroo and Larson Brenner and asked for a comment as to why the City shouldn't seek a fresh look in doing the Comprehensive Plan update; Ms. Buss responded. Mayor Harycki asked about efforts to encourage public participation. Councilmember Polehna asked about consensus-building. Councilmember Milbrandt asked about the emphasis on the Downtown Plan versus the Comprehensive Plan. Councilmembers Polehna and Milbrandt asked about the potential application of the computer modeling to other portions of the City. STAFF REPORTS City Administrator Hansen reported on activities planned for police chief candidates and noted that the public is invited to a reception for the candidates scheduled for Feb. 8 at the Public Library. Mr. Hansen also stated he has indicated the City wishes to be involved in discussion regarding the future of the Boom Site. The meeting was recessed at 6:35 p.m. RECESSED MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Finance Director Harrison Fire Chief Glaser Acting Police Chief Peterson Public Works Director Sanders City Clerk Ward 7:00 P.M. Page 5 of 15 City Council Meeting - 07-04 APPROVAL OF MINUTES February 6, 2007 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna, moved approval of January 16, 2007 regular meeting minutes and January 30-31, 2007 special meeting minutes. All in favor. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL City Clerk Ward administered the oath of office to Adam Nyberg. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Stillwater Girls Swimming & Diving Team Mayor Harycki read a proclamation designating Feb. 6, 2007, as Stillwater Girls Swimming and Diving Team Day in recognition of the team's many accomplishments. Coach Brian Luke expressed his appreciation to the Council for spending the time to recognize the team's efforts. Certificate of Appreciation - A. William Fredell for service on Library Board Mayor Harycki presented a certificate of appreciation to A. William Fredell for his service on the Library Board from July 1998 through December 2006. Mr. Fredell expressed his appreciation for being allowed to serve on the Board and help continue to bring a "fantastic resource" to the City and its citizens. Certificate of Appreciation -Bill Hickey for service on Library Board Mayor Harycki read a certification of appreciation recognizing Bill Hickey for his service to the City as a member of the Library Board from January 1997 through December 2006. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007- 36, commendation of A. William Fredell for service to Library Board and Resolution 2007-37, commendation of Bill Hickey for service to Library Board. Ayes: Councilmembers Polehna, Milbrandt, Nyberg, Gag and Mayor Harycki Nays: None Jerry Johnson, Browns Creek Watershed District -Update on McKusick Lake Plan City Administrator Hansen informed the Council that Mr. Johnson was unable to attend the meeting however Mr. Johnson wanted the Council to know that the Watershed District previously pledged funds for the update of the McKusick Lake Plan, which has been broadened to include Lily Lake and other areas. Mr. Hansen said the Watershed District wants to be sure that whatever funds it Page 6 of 15 City Council Meeting - 07-04 February 6, 2007 contributes to the project are used only for McKusick Lake as that lake is in the Brown's Creek Watershed District. Mr. Hansen explained that it may be necessary to have consultants separate invoices to account for the Watershed District's funds. Nature Valley Grand Prix -Andrew Dahl Andrew Dahl provided an overview of the plans for the 6th annual Nature Valley Grand Prix on June 24, 2007. Motion by Councilmember Polehna, seconded by Councilmember Gag to approve the Special Event for the Nature Valley Grand Prix as proposed. OPEN FORUM There were no public comments. CONSENT AGENDA* Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt the Consent Agenda as presented. Mayor Harycki asked about Item No. 14, whether officials could opt out of the participation individually or as a group. City Attorney Magnuson stated that had to be done as a group, through a referendum. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-26, directing payment of bills Resolution 2007-27, approving software license agreement with Cardinal Tracking, Inc. Resolution 2007-28, accepting proposal and awarding contract for the service of portable restrooms in Stillwater parks Possible approval to purchase in-squad digital video systems for new squad cars Resolution 2007-29, approving continuing medical education agreement between Regions Hospital, through Regions Hospital and Emergency Medical Services and Stillwater Fire Department Resolution 2007-30, approving 2007 Annual Maintenance Agreements with Johnson Controls for City Hall and Public Works facility Possible approval to purchase capital outlay items not on State Bid - A/C Recycler & Solvent Recycler/Parts Washer Resolution 2007-31, accepting work and ordering final payment for Boutwell Road Project Phase 2 (Project 2005-05A) Resolution 2007-32, accepting work and ordering final payment for 2"d & Nelson Storm Sewer Project (Project 2006-08) Resolution 2007-33, approving license agreement for Brown's Creek Watershed Management Model Page 7 of 15 City Council Meeting - 07-04 February 6, 2007 Possible approval of special event -Margaret Smith -Annual Block Party -July 4, 2007 Possible approval of expenditure for Stillwater's local share cost to Firefighters Act Grant relating to the Regional Mhz public safety radio system. Resolution 2007-34, Approval to Apply for Minnesota State Historical Society Grant for 2007 Resolution 2007-35, allowing Social Security participation to Elected Officials in positions covered by PERA's Defined Contribution Plan Possible approval to purchase SewerView and Mapdirector for ArcGIS for Cartegraph Program -Public Works PUBLIC HEARINGS Case No. ANN/06-61. This is the date and time for a public hearing to consider a request from Kemal Schankereli for an annexation of the property located at 7979 Neal Avenue North. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 26, 2007. Community Development Director Turnblad reviewed the request. He explained the property is located in the Phase 4 annexation area, where early annexation is allowed if certain criteria are met; this proposal meets all the criteria, he said. Mr. Turnblad noted that it has been Council policy that annexation requests should wait until the Comprehensive Plan update has been completed; the exception has been for small parcels, such as this, and approval is recommended, he stated. Mayor Harycki opened the public hearing. Patricia Ogborn, 7940 Neal Ave. N. asked about plans for the possible extension of the Walnut Creek Drive cul-de- sac. No other comments were received, and the hearing was closed. Mr. Turnblad reviewed three possible development options and road locations. Mr. Turnblad noted that if the annexation is approved, the applicant will have a survey done and come up with a proposal. At this time, he said it is unclear what the applicant will propose. Councilmember Milbrandt said he would like to see discussion with adjacent property owners regarding road/access issues. The resident of 7940 Neal Ave. N. reiterated concerns about possible road locations. Mayor Harycki suggested the Comprehensive Plan update will address such issues. It was noted that the Council could table this matter, as the 60-day rule is not involved. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to table this request. All in favor. Page 8 of 15 City Council Meeting - 07-04 February 6, 2007 Case No. 07-01. This is the date and time for a public hearing to consider a request from Tim Freeman; Folz, Freeman, Erickson, Inc. for final plat and final planned unit development approval fora 15 lot development on 8.9 acres (Brown's Creek Reserve). Notices were mailed to affected property owners and published in the Stillwater Gazette on January 26, 2007 Community Development Director Turnblad reviewed the site and plat. He noted plans are consistent with preliminary plat and plans approved in September, and approval is recommended with the 15 conditions. Mayor Harycki opened the public hearing. Tim Freeman was present to answer any questions. Councilmember Nyberg noted that he would abstain from the voting as he has had past dealings with the landowner. Councilmember Milbrandt asked about revised trail plans and use of the pervious surface; Mr. Turnblad noted the trail revision was done at the request of the Watershed District. Councilmember Milbrandt noted the Park Board had approved plans conditioned on some type of escrow arrangement due to the unknown maintenance costs associated with the use of the pervious trail surface. City Attorney Magnuson noted that the condition related to the trail escrow agreement could be refined prior to signing of the development agreement if so desired. Councilmember Gag stated he was comfortable with the plans and conditions of approval. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-38, a resolution approving the final plat for Browns Creek Reserve (Case No. 07-01). Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Abstention: Councilmember Nyberg Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-39, a resolution approving a Planned Unit Development Permit for property located at Northwest Corner of Neal Avenue and McKusick Road, said Planned Unit Development to be Known as Brown's Creek Reserve (Case No. 07-01). Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: None Abstention: Councilmember Nyberg Page 9 of 15 City Council Meeting - 07-04 February 6, 2007 Case No. 07-03. This is the date and time for a public hearing to consider a request from Keith and Deborah Kaehler for a resubdivision of one lot into two lots located at 108 and 110 West Stillwater Avenue. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 26, 2007. Community Development Director Turnblad reviewed the request to create two lots. The property meets all zoning and subdivision standards, he said, and approval is recommended. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Milbrandt asked about the consequences should one-half of the building suffer a disaster and the other half not -could the other half be reconstructed. City Attorney Magnuson noted there are similar situations in the downtown area where there are party wall agreements to resolve such an issue and that could be added as a condition of approval. Councilmember Nyberg asked about a possible precedent involving up-and- down units. City Attorney Magnuson responded that at present, the City has no ordinance that requires review of CIC plats, and that is a policy decision. Mayor Harycki suggested that staff look into the issue regarding CIC plats and report back to the Council on options. Motion by Councilmember Gag, seconded by Councilmember Milbrandt to adopt Resolution 2007-40, resubdivision of one lot into two lots located at 108 and 110 West Stillwater Avenue, with the condition that a party wall agreement be developed. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS There was no unfinished business NEW BUSINESS Possible approval of bond sale - 2007 Capital Outlay Terri Heaton, Springsted Inc., informed the Council eight bids were received for the general obligation capital outlay bonds. Wells Fargo bid a true interest rate of 3.7638 for a period of eight years. About a month ago, an interest rate of 3.88 percent was anticipated, which should amount to a savings of about $10,000, with another $10,000 savings due to the upgraded bond rating. She spoke of Moody's rating of the bonds and the positive comments regarding the City's financial situation and rating of Aa3. Ms. Heaton stated it is Springsted's recommendation that the bond sale be awarded to Wells Fargo Brokerage Services at the true interest rate of 3.7638. Page 10 of 15 City Council Meeting - 07-04 February 6, 2007 Motion by Councilmember Polehna, seconded by Councilmember Polehna to adopt Resolution 2007-41, resolution accepting proposal on the competitive negotiated sale of $1,290,000 General Obligation Capital Outlay Bonds, Series 2007A providing for their issuance and levying a tax for the payment thereof Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible adoption of resolution approving a housing plan and housing program and approving authorizing execution of various documents in connection with the issuance of multifamily housing revenue bonds (Orleans Homes Limited Partnership Project) City Administrator Hansen explained the requested approvals continue the process the Council had authorized previously. The City serves as a conduit for the bond sale and has no obligation, legally or morally, for repayment on the bonds. City Attorney Magnuson noted the proposal has passed the test for the amount of proceeds that will be reinvested in the rehabilitation and the test of the Minnesota Housing Finance Agency for the reissuance of the refunding bonds; he stated the proposal should extend the life of the moderate- and low-income housing project for another 20 years. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-42, resolution approving a housing plan and program and authorizing the execution of various documents in connection with the issuance of multifamily housing revenue bonds (Orleans Homes Limited Partnership Project) Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Presentation on Community Survey -Readex Jack Semler, owner and president of Readex, and Teresa Cabak, chief investigator and researcher for the project, presented a summary of findings of the City's survey. Mr. Semler reviewed the methodology utilized; he stated the final report will include all the data and details. He stated a sample of 2,000 was selected for the survey, which enabled analysis of five geographic districts. He said a 30 percent response rate was expected, with a 60 percent return rate received. The margin of error is + or - 2.5 percent, he stated. Ms. Cabak highlighted the survey results, including length of residence; household size; rating of quality of life and safety; services/qualities most appreciated; top issues facing the City; perception of the performance of City government and City services. Ms. Cabak also reviewed a performance prioritization plan that was prepared based on the survey findings. She also reviewed support for community events and support for community projects. Page 11 of 15 City Council Meeting - 07-04 February 6, 2007 Presentation on MS4 Permit -Bonestroo Public Works Director Sanders explained that, according to the National Pollutant Discharge Elimination System Phase II, cities with a population of over 10,000 are required to develop and implement a storm water pollution prevention plan. He stated the plan, developed by Bonestroo, must be presented to the MPCA by Feb. 15. Greg Halverson reviewed the MS4 Permit and Storm Water Pollution Prevention Program and commitments on the part of the City. He noted the permit is based on BMP, best management practices, which provides for more flexibility. He reviewed the six categories of requirements and legal obligations. He stated that the initial permit is good for five years and will require the submission of an annual report. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-43, Approving National Pollutant Discharge Elimination System (NPDES) Stormwater Pollution Prevention Program (SWPPP) and MS4 Permit Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Designation of Council representatives for various Boards/Commissions, Lumberjack Days Advisory committee and Lumberjack Days Committee on Music Talent Councilmember Gag stated he would agree to serve on the Heritage Preservation Commission or Planning Commission; he agreed to move to the HPC. Councilmember Polehna stated he would like to remain with the Human Rights Commission. Councilmember Milbrandt stated he would be willing to move to the Planning Commission. Councilmember Nyberg said he would be willing to serve on the Parks Board. Community Development Director Turnblad noted there are two vacancies on the Joint Board that must be filled; it was noted in the past, those position have been filled by the Mayor and council representative on the Planning Commission - it was agreed that Mayor Harycki and Councilmember Milbrandt would serve as the City's representatives on the Joint Board. Councilmember Polehna volunteered to serve on the Lumberjack Days Advisory Committee, and Councilmember Gag volunteered to serve on the Joint Cable Commission. Councilmember Nyberg and Councilmember Polehna volunteered to serve on the Lumberjack Days Music Committee. Councilmember Milbrandt, seconded by Councilmember Nyberg, moved to assign Council membership as listed above; motion passed unanimously. Page 12 of 15 City Council Meeting - 07-04 February 6, 2007 Possible first reading of ordinance amending Chapter 25, Subd. 3.3 entitled Membership City Clerk Ward explained that the ordinance is to remove term limits for the Human Rights Commission. She stated that the only commission in the City that has term limits is the Library Board by State Statute. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt, moved approval of the first reading of the ordinance. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Discussion on City purchase of trees for Manning Avenue Mayor Harycki noted the County has revised plans for the Manning Avenue corridor, plans that impacted residents support. He said the County is looking for City support for planting of trees in the median so final landscaping plans can be developed. It was noted that Manning is a part of the County's lineal park system and an important gateway to the City. Councilmember Milbrandt questioned whether the City is prepared to maintain two miles of plantings. Mayor Harycki suggested that Friends of Parks and homeowner associations might be willing to assist. Public Works Director Sanders pointed out maintenance of the median involves dealing with vehicles traveling at 45 mph. Mr. Sanders also stated that the city of Vadnais Heights has a similar project involving trees in the median and maintenance costs are estimated at $16,000-$20,000 a year; Councilmember Polehna noted the Vadnais Heights project also involves shrubs and other more maintenance intensive landscaping. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to table this issue until the next Council meeting pending more information regarding ongoing maintenance costs. COMMUNICATIONS/REQUESTS Mayor Harycki noted that Stonebridge Elementary School will be hosting its annual Family Fun Fair on Saturday, March 10, from 10 a.m. to 3 p.m. COUNCIL REQUEST ITEMS Councilmember Polehna asked if the City would be looking at the issue of a noise ordinance. Mayor Harycki suggested that when a new police chief is on board that issue will likely move forward. City Administrator Hansen said he had a discussion with the administrator from Winona regarding their noise ordinance Page 13 of 15 City Council Meeting - 07-04 February 6, 2007 and that their ordinance isn't much different than Stillwater. To be effective a noise ordinance will require a strong commitment on the part of the Council. Councilmember Gag asked whether Brick Pond will be included in the upcoming study of lakes. Public Works Director Sanders said the report will include a modeling of all the water bodies. Councilmember Milbrandt asked about the Eagle Ridge trail. Public Works Director Sanders said that project is moving forward and notices of public meetings likely would be send out within the next couple of weeks. ADJOURNMENT Motion by Councilmember Milbrandt, seconded by Councilmember Po a to adjourn at 9:15 p.m. All in favor. ~ arycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2007-26, directing payment of bills Resolution 2007-27, approving software license agreement with Cardinal Tracking, Inc. Resolution 2007-28, accepting proposal and awarding contract for the service of portable restrooms in Stillwater parks Possible approval to purchase in-squad digital video systems for new squad cars Resolution 2007-29, approving continuing medical education agreement between Regions Hospital, through Regions Hospital and Emergency Medical Services and Stillwater Fire Department Resolution 2007-30, approving 2007 Annual Maintenance Agreements with Johnson Controls for City Hall and Public Works facility Possible approval to purchase capital outlay items not on State Bid - A/C Recycler & Solvent Recycler/Parts Washer Resolution 2007-31, accepting work and ordering final payment for Boutwell Road Project Phase 2 (Project 2005-05A) Resolution 2007-32, accepting work and ordering final payment for 2"d & Nelson Storm Sewer Project (Project 2006-08) Page 14 of 15 City Council Meeting - 07-04 February 6, 2007 Resolution 2007-33, approving license agreement for Brown's Creek Watershed Management Model Possible approval of special event -Margaret Smith -Annual Block Party -July 4, 2007 Possible approval of expenditure for Stillwater's local share cost to Firefighters Act Grant relating to the Regional Mhz public safety radio system. Resolution 2007-34, Approval to Apply for Minnesota State Historical Society Grant for 2007 Resolution 2007-35, allowing Social Security participation to Elected Officials in positions covered by PERA's Defined Contribution Plan Possible approval to purchase SewerView and Mapdirector for ArcGIS for Cartegraph Program -Public Works Resolution 2007- 36, commendation of A. William Fredell for service to Library Board Resolution 2007-37, commendation of Bill Hickey for service to Library Board Resolution 2007-38, a resolution approving the final plat for Browns Creek Reserve (Case No. 07-01) Resolution 2007-39, a resolution approving a Planned Unit Development Permit for property located at Northwest Corner of Neal Avenue and McKusick Road, said Planned Unit Development to be known as Brown's Creek Reserve (Case No. 07-01 ). Resolution 2007-40, resubdivision of one lot into two lots located at 108 and 110 West Stillwater Avenue, with the condition that a party wall agreement be developed Resolution 2007-41, resolution accepting proposal on the competitive negotiated sale of $1,290,000 General Obligation Capital Outlay Bonds, Series 2007A providing for their issuance and levying a tax for the payment thereof Resolution 2007-42, resolution approving a housing plan and program and authorizing the execution of various documents in connection with the issuance of multifamily housing revenue bonds (Orleans Homes Limited Partnership Project) Resolution 2007-43, Approving National Pollutant Discharge Elimination System (NPDES) Stormwater Pollution Prevention Program (SWPPP) and MS4 Permit Page 15 of 15