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HomeMy WebLinkAbout2007-03-20 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-07 March 20, 2007 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. 7:00 P.M. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Director of Administration Knauss Public Works Director Sanders Assistant City Engineer Kraftson Finance Director Harrison Deputy Chief Ballis Police Chief Gannaway City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the March 6, 2007 regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution 2007-54, appointment of John Gannaway as_ Police Chief Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-54, appointment of John Gannaway as Police Chief. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Swearing in of Police Chief John Gannaway Mayor Harycki administered the oath of office to John Gannaway and welcomed him to the City. OPEN FORUM State Representative Matt Dean provided an update on the legislative session. He stated the House committee had passed the bonding bill, which includes some Stillwater projects, including the flood control/levee project and an appropriation for the Zephyr trail acquisition. Mayor Harycki asked about the status of funding for the new river crossing; Rep. Dean noted funding for a new bridge is a high priority for the state. Councilmember Milbrandt asked about the likelihood of the success of funding for the Zephyr trail; Rep. Dean responded there appears to be some enthusiasm for the acquisition, which would connect the Gateway trail with downtown Stillwater. Gary Warren, 828 S. Greeley St., spoke of a concern about the intersection of Churchill and Greeley streets. He suggested consideration be given to painting stop bars to alert motorists of the three-way stop at the intersection, as well as painting the crosswalks. Mayor Harycki pointed out that Stillwater Junior High School had applied for some grant money to make safety improvements at that intersection and stated the intersection has been identified for some type of improvements. William Henderson, 311 Third St. S., expressed a concern about the speed of cars coming up Third Street. He noted there are not a lot of speed limit signs for people crossing the bridge from Wisconsin. Public Works Director Sanders pointed out Third Street is a County road and said he would discuss the situation with the County and report back to the Council on possible measures. STAFF REPORTS Community Development Director Turnblad informed the Council that the Comprehensive Plan consultants have proposed holding a special meeting at 7 p.m. April 24 to highlight what the State and Metropolitan Council mandates are regarding the Comprehensive Plan, as well as the benefits and importance of comprehensive planning. He said the consultants have suggested that this kickoff meeting include the Council, Planning Commission and both Comprehensive Plan steering committees. He stated the meeting would have to be published/advertised as a special meeting because of a Council quorum. Councilmembers were in consensus that such a session would be a good kickoff for the process. Public Works Director Sanders reported that he had met with Washington County regarding the Manning Avenue project. He stated the County is proposing atwo-foot concrete section beyond the curb in the medians, which would be at the County's cost. However, he said the design review committee is recommending that colored concrete be used, a cost not covered by the County. The use of colored concrete, he explained, is to prevent heat from burning the adjacent grass in the median. Cost of the colored concrete, he said, is estimated at $30,000. Mr. Sanders also asked for direction regarding the installation of a sprinkler system in the median at an estimated cost of $50,000, which doesn't include the necessary extensions from Liberty and Legends that will be required to get water to the medians. Mayor Harycki asked about the City's total cost. Mr. Sanders said the City's share of the project now stands at about $250,000. Councilmember Polehna questioned the durability of the painted concrete; he also noted there are drought-resistant types of grasses that could be used. During discussion, Mr. Sanders noted that the City of Grant would not be contributing to the concrete or the sprinkling system. City Administrator Hansen asked Mr. Sanders if he Page 2 of 14 thought the two proposals in question were cost effective, and Mr. Sanders responded he did not think they were cost effective. It was decided to take no action at this time. Public Works Director Sanders provided the Council with an update on the St. Croix River level. He stated at the time of the meeting, the river elevation was at 678, three feet above normal pool stage. He said a crest of 681 was predicted. He said the situation would be monitored. City Administrator Hansen announced that $1.821 million previously awarded for the flood control project, but expended on another project by the Corps of Engineers, has been returned to the Corps of Engineers. He said the return of the money means that the City can complete the engineering documentation report, which will include the design plans and specs. He said it is possible the project could be bid in February of 2008. He noted a number of other projects, including Lowell Park improvements and a sewer project, have been held up pending the final design of the levee project. CONSENT AGENDA Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-53, directing payment of bills Possible approval of Special Event -American Diabetes Assoc. -October 16, 2007 Possible approval of Special Event -March of Dimes -April 29, 2007 Possible approval of Special Event - McKusick Lake Water Association -May 19, 2007 Resolution 2007-55, approving Change Order for Munkelwitz Park Resolution 2007-56, approving appointment of William (Bill) Turnblad as regular, full- time Community Development Director Resolution 2007-57, designation of additional depositories for 2007 Resolution 2007-58, approving Capital City Regional Firefighter's Association Reciprocal Fire Service Agreement Possible approval of banner installation - Rivertown Art Festival -May 19-20, 2007 Possible approval of banner installation -Lumberjack Days -July 19-22, 2007 Possible approval of banner installation -Stillwater Music Festival -June 21, 24, & 29, 2007 (held at two local churches & Historic Courthouse) Resolution 2007-59, approving proposal from Donald Salverda & Associates Resolution 2007-60, approving purchase of playground equipment for Munkelwitz Park Possible approval of capital release -Library Resolution 2007-61, approval of forestry contract for 2007 Page 3 of 14 PUBLIC HEARINGS Case No. 07-10. This is the day and time for the public hearing to consider a request from Don Theisen, Washington County Government Center, for an amendment to a Planned Unit Development for the Washington County Government Center for the expansion of the government center campus; and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 9, 2007. Community Development Director Turnblad reviewed the request. He noted there is an existing gravel road that serves as access to the Sheriff's Department, and the recommendation is to pave the road and restrict access or eliminate that access altogether to mitigate the impact on the residential neighborhood. Other than that issue, he said the request appears to meet the PUD standards and requirements. He stated the Planning Commission had reviewed and recommended approval of the project as conditioned; staff also recommends approval, he said, with the 21 conditions, most of which are carryover conditions from previous PUDs. Mayor Harycki opened the public hearing. The resident of 15143 Upper 61St Street, stated she lived by the gravel access in question. She spoke of the importance of either paving and gating the road or closing it altogether. She distributed information regarding .previous conditions related to the access and read a letter from another resident Trilby White. The letter urged the expansion be of four-sided architecture; expressed a concern about outside storage of equipment; urged that existing trees be saved or the loss of existing trees be mitigated by additional landscaping; and asked that the use of the gravel/emergency access road be restricted and the road gated. William Henderson, 311 Third Street South, asked about the proposed use of a portion of the site. Mr. Turnblad explained the area in question would be a parking lot and used as a staging area during the initial construction phase. No other comments were received, and the hearing was closed. Don Theisen, Washington County Engineer, assured the Council and members of the audience that the County is committed to being a good neighbor and suggested the project offers an opportunity for the County to be an even better neighbor. Mr. Theisen noted that the access road in question is important to the Sheriff's Department, but stated the County is willing to pave and gate the road to limit access to Sheriff's Department deputies only and for emergency uses only. Mayor Harycki asked about the concern regarding four-sided architecture. Mr. Theisen responded by saying the County is looking at all viewsheds in the design/architecture, as well as considering landscaping to mitigate the sewer work. Mayor Harycki urged the County to take whatever measures possible to improve the exterior facade of the parking ramp. Before the vote was taken, Councilmember Polehna stated he is a Washington County employee. Although he has no direct association with the expansion project, he stated Page 4 of 14 he had checked with City Attorney Magnuson to be sure there was no conflict of interest involved. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-62, a resolution approving an amended Planned Unit Development Permit for Washington County government Center at 14949 62nd Street N (Case No. PUD07-10), with the 21 conditions of approval. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. ZAT/06-05. This is the day and time for the public hearing to consider a request from the City of Stillwater for a Zoning Ordinance text amendment regulating building heights in the Downtown Central Business District, CBD, area. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 9, 2007. Community Development Director Turnblad reviewed the proposed amendment related to the Downtown Height Overlay District. He noted that after the first reading of the proposed ordinance, the Council directed the proposal be revisited to clarify the definition of "adjacent" infill structures. At the second reading, the Council continued consideration and returned the matter to the Planning Commission for an additional public hearing regarding the height in the historic portion of downtown. He stated it is the Planning Commission's recommendation that the height be increased in the historic portion of the downtown overlay district only. The Planning Commission is recommending that the maximum allowable height be increased from 35' to 37' in order to be able to recreate the historic first-floor retail space with higher ceilings. Regarding the issue of adjacency, he said an infill project would have to meet the height of the adjacent buildings, with adjacent defined as immediately/physically abutting a structure. When there are two abutting buildings, the maximum allowable height is the average of the two abutting buildings. On a question by Mayor Harycki, Mr. Turnblad clarified that as proposed, the maximum allowable height in the historic portion of the downtown would be 37', even if the infill guidelines would allow a structure to be higher. Mayor Harycki opened the public hearing. William Henderson, 311 Third St. S., asked about the maximum height of the infill area with an existing parking lot located below his residence and below Cub headquarters; Mr. Turnblad said as proposed, the maximum allowable height would be three stories or 37', whichever is less. Vern Stefan, 717 Sixth Ave. S., representing Mainstream Development, told the Council he wished to go on record stating he was in possession of a letter received Sept. 16, 2006, assuring the partnership that the approvals they had received would not be affected by the adoption of any new ordinance/text changes. Mr. Turnblad explained that the letter in question references City code dealing with the life cycle of special use permits. No other comments were received, and the hearing was closed. Page 5 of 14 Councilmember Gag noted he had been part of lively discussions regarding this proposal at the Planning Commission and that the goal was to protect the viewshed of the river for generations to come. Mayor Harycki and Councilmember Milbrandt both suggested that the revisions eliminate some of the previous ambiguity in the language. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Ordinance No. 983, an ordinance of the City of Stillwater amending Ordinance No. 969 relating to maximum building heights in Downtown Stillwater. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Possible approval of contract with Legislative Associates City Administrator Hansen told the Council the duration of the contract had been changed allowing the contract to be terminated after providing 90 days notice to the consultant, providing maximum flexibility to the City. Councilmember Milbrandt asked about language related to the St. Croix River crossing project. City Administrator Hansen said such language could be added to the contract if so desired. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-63, approval of contract with Legislative Associates for 2007, with the addition of language including work related to the new bridge project to the consultant's scope of work. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of 2007 Dock Permit with St. Croix Boat & Packet Company Mayor Harycki pointed out the need to correct a scrivener's error, changing the year in item No. 19 of the permit. Mayor Harycki also stated that due to some minor work he does in private business with St. Croix Boat & Packet, he would recuse himself from this discussion and vote. Vice Mayor Milbrandt assumed direction of the Council discussion/action. Community Development Director Turnblad noted that St. Croix Boat & Packet operates under a special use permit. He stated with the exception of a slight increase in the permit fee, the agreement is the same as last year and there have been no complaints received. Councilmember Polehna asked about the relationship with the Gondola; City Page 6 of 14 Administrator Hansen said after much work, an agreement was worked out between St. Croix Boat & Packet and the Gondola, and the agreement seems to be working just fine. Councilmember Nyberg asked how the permit fee is established. City Administrator Hansen said the Planning Commission reviews the fee, and in the past the fee has been increased by the rate of inflation each year. City Attorney Magnuson pointed out when the permit/wharfage permits were first issued, the City had a Port Authority and the Port Authority determined the first rates. Since the Port Authority was disbanded, the fee has been negotiated between the applicant and the Community Development Director. Councilmember Gag pointed out a discrepancy between the background report that references six boats, while permit item No. 11 refers to five boats, plus a service boat. City Attorney Magnuson noted that the DNR permit regulates the number of permitted boats. Mr. Turnblad stated he could verify the number of boats using the City dock. Vice Mayor Milbrandt suggested tabling adoption due to the questions/scrivener's error. Motion by Councilmember Gag, seconded by Councilmember Nyberg to table the item until the next Council meeting. All in favor. Possible approval of feasibility report and calling for hearing for 2007 Street Improvements Assistant City Engineer Torry Kraftson presented the feasibility report. Public Works Director Sanders noted the public information meeting had been held and was very well attended. Mr. Kraftson reviewed the project area, which includes about aone-mile stretch of Eagle Ridge and about one-quarter mile of Van Tassel Drive and Van Tassel Court. The project includes road reconstruction, some storm water treatment measures, including infiltration basins and rain gardens, and pedestrian path or concrete sidewalk along Eagle Ridge Trail. He addressed a proposal to create a sidewalk district to assess benefiting properties for the pedestrian trail. He noted that overall street reconstruction costs are estimated at $1,125,000, including drainage improvements. Cost of construction of an 8' bituminous path is estimated at $200,000, while cost of a 5' concrete sidewalk is estimated at about $250,000, he said. Mr. Kraftson also reviewed possible assessment rates, according to the City's current assessment policy. Standard assessment for the street reconstruction would be $5,455 for a standard lot and $2,727 for a corner lot. Assessment for the properties in a sidewalk district would be about $1,200 for a bituminous trail and about $1,500 for a concrete sidewalk. He also reviewed the possible city-resident share of the project costs. He asked for Council direction regarding the bituminous path versus concrete sidewalk and the possible formation of a sidewalk district, as well as acceptance of the feasibility report. Mayor Harycki asked if there was any potential for grants to help pay for the path/sidewalk. Public Works Director Sanders suggested that some park/trail dedication funds charged to developers could be used to help offset the cost and said they were proposing to ask the Park Board for $50,000 to help lower the assessed costs of the trail/path. Councilmember Polehna asked about maintenance/snow removal. Mr. Sanders noted that the City would be responsible for both snow removal and maintenance of a bituminous trail, while homeowners would be responsible for removing snow and 50 percent of the cost of future replacement of sidewalk. There was discussion as to the Page 7 of 14 possible options for location of the curb. Councilmember Milbrandt asked that staff contact the Middle St. Croix Watershed Management Organization regarding the wetland buffer on the east side of Eagle Ridge. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-65, resolution receiving report and calling hearing on 2007 Street Improvement Project (Project 2007-02). Public Works Director Sanders asked for direction regarding the formation of a sidewalk district so that information can be included in the public hearing notices to residents. City Attorney Magnuson noted there is a special state law which allows the City to create a sidewalk district and allows the City to assess people who are outside the direct benefit of being adjacent to the sidewalk; the law provides for afive-year assessment period only. City Attorney Magnuson noted establishment of a sidewalk district would require adoption of an ordinance. Councilmember Milbrandt amended his motion to include the possible formation of a sidewalk district. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of proposal for site evaluation study -Fire Department Deputy Chief Ballis stated that based on written proposals and interviews, the Fire Department is recommending the selection of Loucks Association to perform the site evaluation study at a cost not to exceed $30,800. City Administrator Hansen noted that 13 proposals had been received, and the selection of Loucks Association was based on a committee process. Mr. Hansen pointed out that the $30,800 for the consulting services is over budget; $25,000 was budgeted for the study. However, Mr. Hansen pointed out the agreement provides that if at any time it is found the site will not work, the study will be stopped and the cost would be less. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2007-66, accepting proposal of Loucks Association. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Councilmember Milbrandt noted that in the past, a Councilmember had been appointed to serve as a liaison to the Fire Department. Councilmember Polehna volunteered to serve in that capacity. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to appoint Councilmember Polehna as the Council's formal liaison throughout the site evaluation process. All in favor. Page 8 of 14 Possible approval of amendment for Millbrook Development Agreement City Attorney Magnuson pointed out the amendment to the agreement provides for a letter of credit for the estimated cost of the extension of City trunk utilities. The agreement also provides for an increase in the trunk charges to the 2007 rates, as well as the addition of interest charges for the transportation adequacy fees. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2007-67, approval of amendment for the Millbrook Development Agreement. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of development agreement for Brown's Creek Reserve - C3 City Attorney Magnuson noted the agreement provides for the same securities as the Millbrook agreement, with an additional requirement for a pervious trail escrow for potential maintenance/repair costs. Councilmember Nyberg recused himself from this action due to previous business dealings. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-68, approval of the Brown's Creek Reserve development agreement. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Abstain: Councilmember Nyberg Nays: None Possible approval of Addendum No. 1 for Development Agreement for Liberty West riResolution) City Attorney Magnuson stated it was discovered the calculation for the impact fees charged to the developer should be reduced by about one acre since the developer had been required to dedicate right-of-way for the County Road 15 improvement project, a collector project not required to serve the development. The addendum corrects the calculable area for the impact fees. Finance Director Harrison pointed out the 5 percent interest rate was not included in the agreement and suggested the interest rate language be added if the Council so desired. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-69, approval of Addendum No. 1 to the development agreement relating to Liberty West, with the addition of the 5 percent interest rate. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 9 of 14 Possible pre-annexation request for St. Croix Academy Community Development Director Turnblad explained that the Academy is looking for a site for construction of a new facility. He stated the Academy has identified a potential site east of Neal Avenue, between County Road 12 and Highway 96, property currently owned by the Heifort family. Mr. Turnblad said that the agreement does not bind the City to any approvals, but lays out the process to follow in the project review. Councilmember Gag asked if this is the typical process followed with all developers. City Attorney Magnuson responded in most instances developers are very sophisticated and aware of the City's process and ordinances. In this instance, the people involved are not developers -they are volunteers and an architect - so it was felt after meeting with them, they needed to be pointed in the right direction and given a list of tasks to overcome in order to move forward. City Administrator Hansen said in meeting with the school people, it was apparent there are huge hurdles to overcome and this preliminary agreement was prepared as a kind of road map or guide for the applicant. City Administrator Hansen said if the Council feels the proposal isn't a viable one, no further staff time will be expended on it. Mr. Hansen said the group representing the Academy has been good to work with and the site seems to be a good spot. Councilmember Milbrandt asked if there were public safety issues that should be addressed, such as the availability of pressurized water. Councilmember Milbrandt noted the Comp Plan identifies the site as single-family, large-lot; City Attorney Magnuson noted that schools are a permitted use in the RA District. There was discussion of the potential impact of the school's tax-exempt status. Councilmember Polehna asked whether the Council had to vote on this agreement or whether it could just be provided as a guideline. City Attorney Magnuson pointed out the agreement stipulates that the applicant will pay for staff and consultant fees -engineering, legal services, inspections, etc. -- incurred in the project review. Councilmember Milbrandt suggested that the agreement provide what the City will be reimbursed for acting as a consultant to the applicants, while at the same time making no commitment to the project's success. Councilmember Gag said he thought it was a good, well-thought approach. Councilmember Nyberg expressed a concern about getting the applicant's hopes up, and then denying the project. Councilmember Gag said the agreement sets proper expectations and protects the City. Councilmember Nyberg referred to the expectation that the City "will take the required action to annex" the property. Councilmember Milbrandt agreed that the City may not be in a position to annex the land in the desired timeframe. It was consensus that as an alternative to signing the agreement, the City could ask the applicant to agree to a list of services -staff and consultants -that the City will bill and charge to the applicant and provide the preliminary development agreement as a guideline to be followed. Possible land trade with Minnesota Zephyr City Attorney Magnuson stated Minnesota Zephyr owner David Paradeau is proposing that the City trade or sell part of the parking parcel rented by the Zephyr to allow the relocation of the rail track from its existing location south of the Aiple property driveway to a location immediately adjacent to the highway. Mr. Magnuson said the result of the land exchange would be to consolidate the Aiple property, currently divided by the Page 10 of 14 tracks, for future development. Councilmember Nyberg questioned the benefit to the City of such a trade, as did Mayor Harycki. Councilmember Milbrandt suggested the proposal would defeat the purpose of the potential acquisition of Zephyr tracks for the continuation of the Gateway Trail, putting the entrance to the City along the highway rather than along the St. Croix River. Councilmember Milbrandt said he thought the proposal would not be in the public's best interest, but rather a potential detriment. Councilmember Polehna pointed out that a stated priority of the Council was the possible future acquisition of the Aiple property for public space and said he would not be in favor of the proposal at this time; Councilmember Gag agreed with the expressed concerns and stated he would not be in favor of any land trade. City Attorney Magnuson said a formal resolution was not required; he will forward the Council's position on the matter to Mr. Paradeau. City Attorney Magnuson spoke to another issue regarding the City's desire to obtain crossing agreements at Neal Avenue and Mary Lane where the City would like to place truck utility lines under the tracks. The utility extensions are needed to serve the Millbrook property. Mr. Magnuson explained that Mr. Paradeau has tied the two issues, his proposed land trade and the crossing agreements, together and the negotiations for the crossing rights have stalled. Mr. Magnuson stated the City will need the crossing agreement by this summer and may have to resort to eminent domain to obtain the right to cross the two areas. Mr. Magnuson said he had prepared a resolution authorizing the initiation of eminent domain proceedings and the serving of a "quick take" notice, which will enable the City to take possession of the two areas 90 days after the notice is served. City Administrator Hansen noted this would not amount to an actual taking of property, but rather the right to place the utilities beneath the tracks. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-70, resolution authorizing the initiation of eminent domain proceedings, to obtain the two necessary track crossings. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Discussion on 2008 Liquor License Fees City Clerk Ward provided information about cities which use square footage or alcohol sales as a basis for a tiered system of liquor license fees, as well as information about cities that charge a flat fee. City Administrator Hansen noted the information was provided in preparation for budget considerations, and said no decision was needed at this time. Councilmember Milbrandt asked if it would be possible to get sales receipts from the establishments to assist the Council in considering fee options. Mayor Harycki also referred to a study of police calls; Ms. Ward said former Police Chief Dauffenbach had prepared a report regarding police calls that were alcohol-related. Councilmember Milbrandt noted that the Fire Department also could provide information regarding Zone 8, entertainment zone, calls and also suggested that Public Works could provide information regarding cleanup costs in the Zone 8 area. Councilmember Nyberg Page 11 of 14 expressed a concern about tying fees to the amount of business an establishment does, penalizing someone for being a better business person. Mayor Harycki said he would like to see information on police and fire calls for consideration in the discussion of fees. Police Chief Gannaway said that information is readily available. Ms. Ward noted that the 2 a.m. closing is based on alcohol sales; there are about six establishments that pay the additional fee for the 2 a.m. closing. No formal action was taken and will be brought back to Council sometime in June 2007. Possible selection of Comprehensive Plan Update Steering Committee Community Development Director Turnblad explained the request for the establishment of two steering committees to assist in the Comprehensive Plan update process and the proposed distribution of membership among advisory boards/commissions and the general public. Several letters of interest from the general public were included in the agenda packet. Mayor Harycki stated he would be interested in serving on the general steering committee; Councilmember Gag expressed interest in appointment to the downtown committee as his Ward includes a portion of the downtown area; Councilmember Nyberg expressed interest in the general committee. Mayor Harycki agreed that due to his time commitments, it would be good if Councilmember Nyberg served on the general committee. Councilmember Milbrandt spoke of the caliber of members of the general public who had volunteered to serve in the process. Councilmember Milbrandt mentioned Gary Warren, Terry Zoller and David Junker as folks who were well qualified to serve on the general steering committee. Mayor Harycki added Bob Lockyear to those well qualified to serve on the general committee; several Councilmembers suggested that they thought Mr. Lockyear was more suited to serve on the downtown committee due to his experience in assisting the City in the height ordinance. Councilmember Milbrandt suggested the appointment of Dick Anderson to the downtown committee. Councilmember Gag said he had spoken with Jason Hanlon and thought he would be good for the general committee and Mike Kilkelly for the downtown committee. Mayor Harycki mentioned Susanna Patterson as a good candidate for the downtown committee. Councilmember Nyberg added Don Empson's name as a good appointee to the downtown committee. Councilmember Polehna suggested the addition of Kevin Biehn to the general committee. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2007-71, appointment to the Comprehensive Plan Update Steering Committee, appointing Gary Warren, Terry Zoller, David Junker, Jason Hanlon and Kevin Biehn to the Comprehensive Plan general steering committee and Robert Lockyear, Dick Anderson, Mike Kilkelly, Susanna Patterson and Don Empson to the downtown steering committee, with Councilmember Nyberg to serve on the general steering committee and Councilmember Gag on the downtown committee. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 12 of 14 Possible adoption of resolution including Lily Lake in Annual Water Quality Study Public Works Director Sanders explained that every year Metropolitan Council solicits requests for the participation on their Annual Water Quality Study. He stated that the City has included Lily Lake in past years and that the study is administered by the Washington Conservation District. He asked that Council approve the request for City participation again this year. The study includes water sampling twice a month April through October at a cost of approximately $1,100, which he suggested was a reasonable cost for valuable information on the lake water quality. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2007-72, authorizing Lily Lake water quality monitoring Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Polehna reported that he had received a call regarding cracking of the basketball court at Benson Park, and asked that Public Works Director Sanders look into that issue. Councilmember Polehna also stated he had received an a-mail from residents regarding the new camping regulations on the St. Croix River; he suggested that the City ask the National Park Service to give a presentation to the Council regarding the new regulations before those regulations are enacted. It was agreed to have City Administrator Hansen send a letter to the National Park Service requesting that the City be included in the dialogue regarding the proposed regulations. STAFF REPORTS (continued) City Attorney Magnuson told the Council the owner of the Minnesota Zephyr is refinancing the original mortgage owed the City for the cost of assisting the operation in locating in Stillwater. He said the refinancing is pending City approval of the subrogation of the mortgage. Mr. Magnuson said Mr. Paradeau has suggested this might be a temporary measure due to the pending sale of trackage to the DNR. Councilmember Milbrandt noted that the sale of the track doesn't mean the corporation with the loan/mortgage will go away and suggested setting a time limit on the mortgage repayment. City Administrator Hansen noted this is a routine action and recommended approval; he stated payments have always been on time and at a good interest rate. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2007-73, approving Subordination Agreement relating to Minnesota Zephyr Ltd. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 13 of 14 ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Po a, Mourn at 9:55 p.m. All in favor. ~/'~ Ken Harycki, Mayor ATT ST: Diane F. Ward, City Clerk Resolution 2007-53, directing payment of bills Resolution 2007-54, appointment of John Gannaway as Police Chief Resolution 2007-55, approving Change Order for Munkelwitz Park Resolution 2007-56, approving appointment of William (Bill) Turnblad as regular, full- time Community Development Director Resolution 2007-57, designation of additional depositories for 2007 Resolution 2007-58, approving Capital City Regional Firefighter's Association Reciprocal Fire Service Agreement Resolution 2007-59, approving proposal from Donald Salverda & Associates Resolution 2007-60, approving purchase of playground equipment for Munkelwitz Park Possible approval of capital release -Library Resolution 2007-61, approval of forestry contract for 2007 Resolution 2007-62, a resolution approving an amended Planned Unit Development Permit for Washington County government Center at 14949 62ned Street N (Case No. PUD07-10) Resolution 2007-63, approval of contract with Legislative Associates for 2007 Resolution 2007-64, Not Used Resolution 2007-65, resolution receiving report and calling hearing on 2007 Street Improvement Project (Project 2007-02) Resolution 2007-66, accepting proposal of Loucks Association Resolution 2007-67, approval of amendment for the Millbrook Development Agreement Resolution 2007-68, approval of the Brown's Creek Reserve development agreement Resolution 2007-69, approval of Addendum No. 1 to the development agreement relating to Liberty West Resolution 2007-70, resolution authorizing the initiation of eminent domain proceedings, to obtain the two necessary track crossings Resolution 2007-71, appointment to the Comprehensive Plan Update Steering Committee Resolution 2007-72, authorizing Lily Lake water quality monitoring Resolution 2007-73, approving Subordination Agreement relating to Minnesota Zephyr Ltd. Ordinance No. 983, an ordinance of the City of Stillwater amending Ordinance No. 969 relating to maximum building heights in Downtown Stillwater. Page 14 of 14