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HomeMy WebLinkAbout2007-05-01 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-11 May 1, 2007 REGULAR MEETING 4:30 P.M. Mayor Harycki called the Council meeting to order at 4:30 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 Finance Director Harrison Deputy Fire Chief Ballis Public Works Director Sanders City Clerk Ward BCWD Board Present: Craig Leiser, President Gail Pundsack, Vice-President Gerald Johnson, Secretary Connie Taillon, Treasurer Rick Vanzwol BCWD Staff present: BCWD Administrator Kill Joe Bischoff, Wenck OTHER BUSINESS Workshop with Browns Creek Watershed District Watershed District Manager Leiser called the regular meeting of the Watershed District to order at 4:37pm. Roll call was taken; all Board members were present. Manager Vanzwol, seconded by Manager Johnson, moved to approve the agenda as presented. Introductions -All present introduced themselves. Joe Bischoff, Wenck Associates, provided an update on the lake management study, focusing on McKusick Lake. The presentation highlighted the ecology of shallow-water lakes, such as McKusick, and the established lake standards for aquatic life and recreational uses. He pointed out that the new view of shallow lake management is that the biology of the system must be considered, as well as the nutrients, in managing for a clear water state. He noted that in Minnesota, lakes are managed for all uses; City Council Meeting - 07-11 May 1, 2007 however, some uses may have differing management goals in the amount of nutrients. The presentation reviewed the physical data, including depth, phosphorus levels, chlorophyll levels. Mr. Bischoff noted that McKusick Lake is not far off from the MPCA shallow lake standards and would argue that McKusick Lake is in the Clearwater state. The presentation also reviewed the drainage pattern of the McKusick watershed. Mr. Bischoff said watershed water quality modeling and ecological assessment is being completed at this time. He provided a timetable for completion of the study, and noted that the stakeholders/education process is beginning in the near future. Mayor Harycki asked Mr. Bischoff for his long-range vision for McKusick. Mr. Bischoff responded that his vision would be a lake that cannot support motorized activity, and has a healthy and diverse plant community with vegetation shore-to-shore that out competes the filamentous algae, and has healthy fish and zooplankton populations. There was a question about the length of time required to control the current situation of filamentous algae growth. Mr. Bischoff said the first step is to get the nutrient budget load to a certain level; he said there are methods that can enable the system to be shifted rather quickly, such as lake drawdown. Mayor Harycki asked about the value of continued algae harvesting. Mr. Bischoff said the harvesting is treating the symptom rather than the cause, and he would expect additional algae bloom after harvesting. Mr. Bischoff stated that by removing the filamentous algae, it could lead to a bloom of toxic blue- green algae. Public Works Director Sanders told those in attendance that the first meeting of the stakeholders group was scheduled for May 9 from 4 to 6 p.m.; he said stakeholder meetings would be scheduled over the course of the next four or five months. Karen Kill, Brown's Creek Watershed District Administrator, provided an update on the Watershed District's Long Lake management plan and capital improvements. She noted the District will begin working on improvements to two ponds in the next few weeks. She briefly spoke of several residential cost-share projects the Watershed District has approved, including a shoreline restoration project and "blue-thumb" projects; she said there is funding for about 10 projects and the District will be prioritizing the projects to receive funding. Mr. Leiser pointed out there is no quick fix for the lake, and he suggested that a decision has to be made on the desired end use of the lake. If the desired use is deep-water boating, Mr. Leiser noted that except for a very small portion, the lake won't sustain that use. Mr. Leiser discussed the Watershed District's third generation plan, which took about 18 months to prepare, and which reviewed and revised theWatershed rules. He said the plan and rules have been accepted by BWSR on behalf of the State. He asked that the City receive and incorporate the rules and plan as part of the City's Comprehensive Plan and local water management plan. Mr. Leiser noted the City includes portions of three watershed districts -Middle St. Croix, Carnelian-Marine and Brown's Creek and suggested that it would be beneficial to all if the four entities were working off the same page -the same set of rules and ordinances. Councilmember Polehna asked how the Watershed District publicizes the rules, so the public is aware of the new regulations. Mr. Leiser explained the District utilizes a citizen advisory committee and also held several public awareness meetings. Page 2 of 16 City Council Meeting - 07-11 May 1, 2007 Mayor Harycki asked about the dredging of the south end of Long Lake. Mr. Bischoff noted that for the right reasons dredging can be done and be effective, but water quality is typically not one of the reasons for undertaking a dredging project. Mr. Leiser said dredging is mentioned in the Long Lake management plan, as well as the possibility of a lake drawdown, which he said is a better option than dredging. Further analysis would need to be completed to determine whether dredging or a drawdown would be economically feasible. Councilmember Polehna asked how the Watershed prioritizes its projects. Mr. Leiser explained that the prioritizing is done based on community impact, technical cost effectiveness, as well as an evaluation of what additional tax cost taxpayers might accept to accomplish specific projects. Mr. Leiser pointed out that the Watershed's 10-year plan includes a list of every potential project, which is then evaluated and reviewed for priority yearly. Mayor Harycki asked if there would be a regular schedule of maintenance of the stormwater ponds in the Long Lake watershed. Ms. Kill explained the new regulations related to storm water management and requirements for maintaining such ponds. Councilmember Milbrandt suggested that a drawdown doesn't seem like a real costly undertaking; Ms. Kill explained that the requirement for environmental impact studies would be a costly aspect of such a project. Councilmember Polehna asked if the Watershed had held any informational meetings/workshops with the homeowner associations around Long Lake to explain projects and priorities. Mr. Leiser noted that public meetings had been held in relation #o the "blue-thumb" projects and in relation to the plan preparation; he said the Watershed would be willing to participate in joint informational meetings with the City and in fact would prefer joint sponsorship of such meetings. Mr. Leiser discussed the Watershed District's position regarding 72~d Street/Legacy on Long Lake/Jackson Wildlife Management Area proposals. He said the Watershed District has some concerns about runoff from a paved 72"d Street as it goes between Long Lake and Jackson WMA and in the Legacy development where it runs downhill with a potential to add substantial runoff to the lake. He said the Watershed District would be holding the developer to high standards regarding treatment of potential runoff/sediment. Councilmember Milbrandt asked about the Watershed District's position regarding a paved walking trail along the lake in the Jackson Wildlife Management property; Ms. Kill said she and City staff had reviewed plans and there appears to be adequate buffer between the trail and wetlands as proposed, and there appears to be room for further discussion regarding that possibility. Mr. Leiser spoke of the possibility of using a more pervious material for any new trails on the periphery of Long Lake. Mr. Leiser brought up the Watershed's position that it would not make any change in managing the level of Long Lake for at least three years. However, he said because the past three years have been so dry, the District has no way to evaluate what happens to Long Lake in a high-water condition. If the District were to be asked at this point whether it would be advisable to raise the level, he said the District would have to respond that would not be advisable until better data is available regarding ahigh-water condition. Councilmember Polehna said he had no problem with the height of the weir, Page 3 of 16 City Council Meeting - 07-11 May 1, 2007 but was concerned with the "v" in the weir, to which he had heard from a resident that a District engineer has attributed the water level problems. Mr. Leiser explained that the "v" was an economic solution made by the City of Stillwater engineer to the cost of manually adjusting the weir level on a continual basis. There was discussion about the possibility of plugging the "v." Dave Magnuson, City Attorney, stated that the v-notch provided the maximum flooding protection for the Croixwood neighborhood. Mayor Harycki suggested it would be good to invite the Middle St. Croix Watershed people to be in attendance at the next joint meeting with the Watershed District. It was agreed to have Administrator Hansen and Ms. Kill communicate to determine the date for the next joint meeting, a date after there is more definition to the McKusick Lake plan. Mr. Leiser volunteered to work with the City to put together an informational seminar with Long Lake homeowner associations. Manager Vanzwol, seconded by Manager Johnson, moved to adjourn its regular meeting at 6:00 p.m. STAFF REPORTS Mayor Harycki referred to a parking brochure that had been mailed related to a 3-hour parking restriction. Mayor Harycki clarified that the 3-hour parking represents an expansion of the parking limit for the downtown area only; the time limit does not apply to other areas of the City. Deputy Fire Chief Ballis reported that the department had received a grant for fire training. The grant provides for continued on-line training in fire, EMS, OSHA, and building construction. Classes usually take one-half hour to an hour to complete and readily accessible to all department members. City Clerk Ward reported that Midwest Living magazine had named Stillwater one of the 100 best towns to visit. Stillwater was ranked number nine out of 100. Director of Administration Knauss reported that asbestos removal work on the second floor of City Hall would begin the day following the Council meeting with the hope that work will be completed by the next Council meeting. However, she asked that the public be patient as finance and administrative staff will be displaced from their regular offices during the next several weeks. On Saturday, May 5, City Hall will have no phone or computer capabilities, but Police and Fire emergency operations will not be affected as 9-1-1 calls are dispatched through Washington Count. Public Works Director Sanders reported that construction on Washington Square Park would begin the week of May 7, and the park will be closed for the next two months. As part of the project, a sewer main will be extended up Abbott Street, so there will be a detour beginning May 14 during that construction time. Councilmember Polehna asked if the existing playground equipment would be moved to a different location. Mr. Sanders explained that most of the playground equipment would remain, but the Page 4 of 16 City Council Meeting - 07-11 May 1, 2007 gazebo and shelter will be moved to the Brown's Creek Park. Councilmember Milbrandt asked Mr. Sanders to put together a work plan for cleanup of the dump site and adjacent ditches. Councilmember Polehna asked if the berms by the dump site could be reshaped and re-seeded. On a question by Mayor Harycki, Mr. Sanders reported that Stillwater Junior High School has requested crosswalks on the west side of the intersection of Holcomb and Churchill and the south side of Marsh and Sixth; the requested crosswalks will be painted as part of the City's annual striping project, he said. City Attorney Magnuson reported that he had received a letter from the attorney representing the Kroenings regarding the Liberty Village proposal. He stated the letter requests that the City honor the purchase agreement between the Kroenings and CPCC that requires New England architecture for Liberty Village. Mr. Magnuson also provided copies of the pertinent City ordinance, which requires high quality "country village" and "unique" country character, with no mention of New England style architecture. Mr. Magnuson advised that the City must follow its own ordinances, rather than any private agreement the Kroenings might have with the developer. The meeting was recessed at 6:15 p.m. RECESSED 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 Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the April 17, 2007, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Building Safety Week Mayor Harycki read a proclamation in observance of Building Safety Week designating May 6-May 12 as Building Safety Week in Stillwater. Page 5 of 16 City Council Meeting - 07-11 May 1, 2007 Mayor Harycki noted that the City of Stillwater has received an honor from Midwest Living magazine in being rated No. 9 among the 100 best cities to visit and expressed his congratulations to those associated with the honor. OPEN FORUM Ron Nelson, 509 Broadway S., raised an issue with the annual municipal dock permit. He said there are seven boats there on a regular basis, while the permit allows four to be docked there on a permanent basis. Administrator Hansen noted that issue has been addressed in this year's permit, which requires two of the boats to be docked at Sunnyside while not in use. CONSENT AGENDA* Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the Consent Agenda, with item 10 -contract with Bonestroo, removed from the consent agenda for discussion. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-98, directing payment of bills Possible approval of Special Event -Stillwater Farmers Market -June 9 -October 30, 2007 Possible approval of Special Event -Woodbury Days Bike Ride -August 25, 2007 Possible approval of Special Event -Greater Stillwater Chamber -Summer Tuesdays - July 10, 17, 24, 31, August 7, 14, & 21, 2007 Request for banner installation -Greater Stillwater Chamber -Summer Tuesdays Possible approval of Special Event -Rumble on the Deck -Freight House -July 12, 2007 Possible approval of Special Event -Stillwater Veterans Memorial -Memorial Day Ceremony -May 28, 2007 Possible approval of Special Event - St. Croix Classics Theater -June 29 and/or July 6 Possible approval to purchase of four computers for the Police Department. Resolution 2007-99, approval of contract with Bonestroo, Inc., DBA: DSU/Bonestroo for Comprehensive Planning services Resolution 2007-100, approval of lease agreement with The Bookmark Cafe Resolution 2007-101, approving Addendum to Joint Powers Agreement - SW/WC Service Cooperatives Possible approval to purchase a cart used for painting and flooding the ice surface at the St. Croix Valley Recreation Center Councilmember Milbrandt requested that the approval of the Bonestroo contract be delayed for a couple of weeks because it appears the firm took a lot of material out of the original proposal. He said the work items presented for approval appear to be very Page 6 of 16 City Council Meeting - 07-11 May 1, 2007 heavily slanted to the downtown. He stated that he would like Community Development Director Turnblad to work with Bonestroo to come up with a work plan that reflects the Council direction of several weeks ago. Specifically, Councilmember Milbrandt said he would like issues such as land use, density, traffic flow impacts, some infrastructure and neighboring townships concerns included. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg directing Mr. Turnblad to work with Bonestroo and come back with a new work plan in two weeks. All in favor. Sherri Buss, Bonestroo Inc., noted that there is about an even split in the resources (expenditures) devoted to each side of the plan -downtown and general. If the direction is to put a heavier emphasis on the general plan versus downtown, Ms. Buss said the consultants would need some very specific direction. Councilmember Milbrandt responded that there is nothing in the Comp Plan that addresses issues such as land use, density, traffic flow which are very specific in the downtown work items, but are nothing more than check list items in the general plan. Councilmember Milbrandt expressed surprise at the 50-50 split in resources between downtown and the general plan based on previous conversations/direction. Ms. Buss said that was the direction received in proposal meetings, the RFP and discussions with staff. Councilmember Polehna agreed with Mr. Milbrandt, saying he thought the direction was for more of a 65-35 split, looking at the whole community instead of just focusing on the downtown. Councilmember Gag agreed that previous discussions were to give a heavier weight to issues relating to the greater community. Ms. Buss said resources could be reallocated and said she could work with Mr. Turnblad and come back with a new draft plan. PUBLIC HEARINGS This is the date and time for the public hearing to consider a transfer of a 3.2 off-sale liquor and tobacco license from Oasis Market to Moreno Diversified, Inc. located at 2289 Croixwood Boulevard. Notice was published in the Stillwater Gazette on April 17, 2007 City Clerk Ward reviewed the request and noted that approval should be contingent on the property and business being successfully closed, filing all required documentation, and final approval of Police, Fire, Inspection and Finance departments and Minnesota Liquor Control. Mayor Harycki opened the public hearing. Monti Moreno explained that he and his wife are owners of the property, which has been operating as an Oasis Market. He said they plan to clean up the property, install a new parking lot and make other improvements, and asked that the Council allow them to continue operating as they have been for the past 18 years. No other comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2007-99, approving transfer of ownership of the 3.2 off sale Liquor license and tobacco license to Moreno Diversified, Inc. Page 7 of 16 City Council Meeting - 07-11 May 1, 2007 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 07-18. This is the date and time for a public hearing concerning the Final Plat and Final Planned Unit Development for a veterinarian clinic on Outlot A, Liberty Village 3~ Addition located at the southeast corner of Co. Rd. 12 and 15. David Hempel, Contractor Property Development Co, and Dan O'Brien, Krech O'Brien Mueller & Associates, applicants Mayor Harycki stated the City had received a request to continue this item to the May 15, 2007 meeting. Mayor Harycki opened the public hearing. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to continue the public hearing for this case to May 15, 2007. All in favor. UNFINISHED BUSINESS Manning Avenue Update -Joe Lux, Washington County Joe Lux, Washington County Transportation Department, reviewed the history and status of the proposed Manning Avenue project. He said SEH, consulting firm, has provided the County with a plan that is 90 percent complete. Copies have been sent to the cities of Stillwater, Grant and Lake Elmo and Stillwater Township for review. An environmental assessment of the project also has been distributed for review. A public hearing on the environmental assessment, and open house, is scheduled for May 16, 2007, he stated. He stated a series of nine neighborhood meetings, as well as one-on-one meetings, have been held over the course of the planning. Those meetings, as well as comments from the City Planning Commission and Park Board, he said indicated the desire to have the footprint of the roadway narrowed as much as possible. As a result, he said, the proposal roadway has been narrowed from 120-130' wide in the early stage of the project to about 70'. In doing so, the median has been narrowed, and construction impacts brought in by having curb and gutter on the Stillwater side. Concept approval was received from the affected cities in July 2006, he said, which is when the consulting firm was hired to prepare the final plan. A design review committee was formed at that time. The design review committee has assisted in the development of a landscaping plan that is actually separate from construction, he noted, and assisted in the design of the median and plantings that are sustainable without irrigation. The committee also helped in decisions regarding tree placement. The construction phasing, he said, is scheduled so there will be two lanes of traffic open at all times south of 62"d and north of County Road 12. Targeted construction completion date is the first week of August 2008 for the area south of 62"d. Traffic control improvements include a permanent signal system at Country Road 12, and new signals at Settler's Way and Liberty Avenue. Regarding talks of a possible signal at Page 8 of 16 City Council Meeting - 07-11 May 1, 2007 62"d, he said with all the unknowns about the Bergmann property, it is unlikely that will occur in conjunction with this project. Approval of second reading of Ordinance No. 986, an ordinance amending the Stillwater City Code, Section 31-1, Subdivision 5 entitles establishment of districts relating to Case No. 07-15 Property Address - 8262 & 8270 Neal Avenue N.) Motion by Councilmember Gag, seconded by Councilmember Milbrandt to adopt Ordinance No. 986, an ordinance amending the Stillwater City Code, Section 31-1, Subdivision 5 entitles establishment of districts relating to Case No. 07-15. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None NEW BUSINESS Discussion with developers relating to Legacy on Long Lake: Developer suggestions for revisions Community Development Director Turnblad reviewed the revisions being proposed by the developer. Mr. Turnblad noted that a concern raised during the previous public hearing had to do with the tier of lots on western side of the property that are relatively small compared to the neighborhood immediately to the west. Staff is suggesting that lots of 14,000-square-feet might be more compatible with the adjacent neighborhood. The developer is proposing to eliminate one lot in the area in question, he said. Another concern raised during the public hearing related to 72"d continuing as a through street, Mr. Turnblad stated. The developer is now proposing to dead-end 72nd at Mid Oaks and utilize a 20-foot wide bituminous trail in the location of the existing gravel portion of 72"d St. for emergency access. As part of the revisions to 72"d, another road would be eliminated and replaced with a driveway to serve two parcels. There has been no change regarding the proposal to consider the Jackson Wildlife Management Area as part of this PUD, he stated. Bob Wiegert, Paramount Engineering, stated that Brown's Creek Watershed District had reviewed and ap~roved the great body of the project, with the exception of the previous plan to have 72" Street a through street, which prompted concerns about runoff. He stated they would be going back before the Watershed District at the District's May meeting, and asked for direction regarding the 72"d Street issue. Mr. Wiegert said the proposed plans met all of the Watershed District's requirements pertaining to water quality. He also spoke to the issue of open space and credits for open space, which allow for higher densities. He noted that over 100 units would be allowable on this property; this proposal is for 50 units, a little more than 2 units per acre. He suggested this project mimics the two approved projects to the west -Liberty on the Lake and Legends. Councilmember Gag asked for an assessment of the amount of open space versus undevelopable area on the property. Mr. Wiegert responded that a great majority Page 9 of 16 City Council Meeting - 07-11 May 1, 2007 of the site is developable property, although there are some slope issues adjacent to 72~d Street. Mayor Harycki and Councilmember Milbrandt asked whether the Jackson Wildlife Management Area is still necessary to obtain the higher density allowable in a PUD. Ed Dulak, Elite Development, stated it his understanding the Jackson Area would not be required. Mr. Dulak said the DNR is looking for a way to get rid of the property -it's a burden to manage that small of a parcel and it isn't being maintained. Mr. Dulak said he would still like to pursue the Jackson Wildlife area, but if his legal representatives have to argue that the 50 percent open space requirement is met without the JWMA, they will do so. Mr. Turnblad pointed out that the DNR has review and approval authority over the PUD because of the property's proximity to Long Lake. The JWMA is not needed in order for approval, he stated, but the DNR regional hydrologist would be more comfortable if it is included as it will be actual dedicated open space, unlike open space that is figured in easements, setbacks, front yards, etc. Councilmember Milbrandt questioned why the DNR person thinks the JWMA should be a part of the PUD, when the area is already publicly owned open space. Rich Hocking, attorney for Mr. Dulak, said he believes his client has a plat that fits the DR requirements, the open space requirements, and there are numerous other examples of approved plats in Stillwater and other jurisdictions that fall under the same guidelines. He stated he would be working with the DNR in order to obtain the needed approval. Regarding the Jackson property, he said they would like a read on the significance of the property to the City, noting that City staff and his client had spent a lot of time discussing the acquisition; he spoke of the possible public benefit of the City acquiring the property. He referred to the findings of fact for the Council's denial of the preliminary plat and the developer's efforts to address issues raised in the findings. Mayor Harycki invited public comment. Leonard Huebscher, 12525 N. 75th St., reviewed his association with the property surrounding the proposed development and with A.B. Jackson. He noted that Mr. Jackson gave the property (JWMA) to the DNR because he couldn't give it to the City - it wasn't in the City at the time. He pointed out that the DNR has never taken care of the property and said he thought if AB Jackson were alive today, he would want the City to have the property so the public can see and enjoy what they cannot today under DNR ownership. Kathryn Mclnroe, 233 Rutherford Road, reviewed legal issues related to the acquisition of the JWMA. She stated the pending enabling legislation would allow the private sale of the land, from one governmental entity to another, as opposed to a public sale. But, she said, the new statute doesn't change the law with regard to the land itself. Once the City owns the land, it can only be used for a public use. Lending it to a private developer to increase his average lot size is not allowed, she said. She also suggested that traffic issues raised at the previous public hearing might be better addressed in the Comprehensive Plan process. Page 10 of 16 City Council Meeting - 07-11 May 1, 2007 Kim Galtiere, 3171 Summer Fields Green, questioned the open space requirements. She stated the Liberty development, which this development is being compared to, has many parks and open spaces that are available to the public, while the open space in this development appears to be small privately-held spaces that are not of much value for any public use. Councilmember Polehna asked about the City's parkland dedication requirement. Community Development Director Turnblad pointed out that the parks in the Liberty and Legends developments satisfied the parkland dedication requirement, not the PUD open space obligation. In this proposal, he said the park dedication component is proposed to be met by cash, rather than land. This proposal is meeting the park dedication obligation, he said, it is the PUD open space component that is at issue. Councilmember Nyberg suggested that the Jackson WMA is clouding the issue; he suggested the Council should look at the proposal without the WMA and decide what the City wants. Mayor Harycki said part of the confusion is whether the Jackson WMA is critical to the development or whether, as the developer now states, they can meet the open space requirements without the WMA. Mayor Harycki said he would like an opinion from the City's legal counsel as to whether the easements, side yards, setbacks, etc. count as open space. Attorney Magnuson said yard space was counted in the 50 percent open space computation for both Legends and Liberty, but those developments included a large amount of other open space as well. Councilmember Milbrandt agreed with Mr. Nyberg that a decision on this development should be made on its own merits, without tying it to the issues surrounding the Jackson area. Councilmember Gag asked what had changed in the proposal as he recalled the Planning Commission did not approve the plans when he served on that body. Councilmember Milbrandt said the plans did come back to the Planning Commission but said there was no discussion regarding the Jackson area and its relationship to this proposal. Mayor Harycki suggested the appropriate move might be to send the proposal back to the Planning Commission to review revisions, with the encouragement to hold some meetings with the Liberty neighbors. Mr. Dulak suggested the possibility of workshop meetings, saying he would rather work cooperatively rather than go to court regarding the open space issue; he also spoke of the potential public benefit of the City's ownership of the Jackson area. The consensus of the Council was to send the Legacy development proposal back to the Planning Commission. Request for noise ordinance variance and approval of Special Event -White Pine Festival - Stillwater Public Library Terrace -June 20, 2007 City Clerk Ward reviewed the request to hold apost-concert reception on the library terrace. A jazz combo would be playing during the reception. Page 11 of 16 City Council Meeting - 07-11 May 1, 2007 Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the request, noting that the music will be non-amplified, which makes the request more acceptable. All in favor. Mr. Milbrandt suggested this issue is likely to be a recurring one and as part of his motion referred the matter to the Park Board, asking that the Park Board and Library work together to develop a policy addressing sound/noise level. Possible approval of Special Event including Pine Street closure between 3~d and 4t" Streets - Washington County Historic Courthouse -July 3-4, 2007 City Clerk Ward reviewed the special event request, which involves the requested closing of Pine between Third and Fourth streets on July 4 only; the street will reopen at 5 p.m. on July 4. Motion by Councilmember Gag, seconded by Councilmember Nyberg to approve the special event request. Ayes: Councilmembers Milbrandt, Nyberg, Gag and Mayor Harycki. Nays: None Abstain: Councilmember Polehna Possible approval of Special Event -Trinity Lutheran Church -June 24, 2007 Community Development Director Turnblad reviewed the request from Trinity Lutheran Church to hold a special event (concert) in Pioneer Park on June 24. Event organizers also are requesting permission to sell merchandise, such as concert participants' CDs, and food. Due to a concern about the potential for parking issues, Mr. Turnblad said Trinity has agreed to advertise the fact that parking will be in the church lots. The Park Board reviewed the request and recommended approval, he said, with the understanding the event be monitored for potential problems due to the number of attendees. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the special event. All in favor. Possible approval of 2007 Dock Permit Community Development Director Turnblad pointed out St. Croix Boat and Packet's special use permit provides for an annual review of activities; he stated a summary of trips was provided, and there were no complaints received about the operations in the past year. The dock permit is reissued yearly, he noted. The dock permit allows four boats to be permanently docked at the City dock facility. St. Croix Boat and Packet has six boats, two of which are used occasionally; the two boats that are used infrequently will be docked at Sunnyside on a permanent basis. He informed the Council that the fees for 2007 are being increased to $10,500 per boat and that the Planning Page 12 of 16 City Council Meeting - 07-11 May 1, 2007 Commission has reviewed and recommended approval of both the special use permit and dock permit. City Attorney Magnuson reviewed the history of the City's regulation of riverfront activities, including the issuance of the dock permit. There was a question about the public's use of the docks. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-102, approving 2007 Dock Permit and also directed staff to do an occasional "bed check" on the boat count and to provide Council with a report on the public use of the docks. Ayes: Councilmembers Gag, Milbrandt, Nyberg and Polehna Nays: None Abstain: Mayor Harycki Possible naming of Munkelwitz Park to Brown's Creek Park Community Development Director Turnblad reported that the improvements are under way at the former Munkelwitz property -playground equipment should be installed within the month. The Park Board is recommending the park be formally named Brown's Creek Park. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2007-103, a resolution approving the park name of "Brown's Creek Park" for the Munkelwitz park site. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible bid award for the Phase 3 trunk utilities project Public Works Director Sanders stated bids for the work were opened the week prior to the Council meeting. Seven bids were received. The engineer's estimate for the project was $913,000. Low bid was for $739,000, he said, and recommended that the Council accept the low bid and award the contract to Burschville Construction. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-104, accepting bids and awarding contract for Phase III Utilities project (Project 2006-09 A&B). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval for the plans and specifications for 2007 seal coat project Public Works Director Sanders explained that about seven miles of roadway will be done in the annual seal coat project. Staff recommends that the Council approve the Page 13 of 16 City Council Meeting - 07-11 May 1, 2007 plans and specs for the annual project and authorize advertising for bids. It was noted some of the work will be funded by development escrow. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2007-105, approving plans and specifications and ordering advertisement for bids for the 2007 Seal Coat project (Project 2007-06). Ayes; Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible authorization to prepare plans and specifications for the Lakeview Clinic storm sewer rp oject Public Works Director Sanders explained this project was discussed several years ago in conjunction with the Market Place improvements. The project also ties in to the Long Lake water quality improvements. He said a regional pond was created in conjunction with construction of the new Stillwater Medical Group clinic on Curve Crest two years ago and this project would re-route water from three areas - a section of the Benson development, a section off Washington Avenue and section off Curve Crest - to this pond. The project would improve water quality downstream. Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007- 106, ordering improvement and plans and specifications for the Lakeview Clinic pond (Project 2005-07). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Request to Lease & Equipment Police Motorcycles Police Chief Gannaway explained that his department would like to form a motorcycle unit. He said the plan is to go with just one motorcycle for the first year to evaluate the program. Lease for a motorcycle and equipment would be $6,963.75. The chief reviewed five points validating the formation of a motorcycle unit. Main function of the unit is for traffic enforcement, he noted. As proposed, funding would primarily come from forfeiture monies. If approved, the hope is to have the program in operation by the first week in June. Councilmember Polehna asked about training requirements; Chief Gannaway replied that officers receive extensive training. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2007-107, resolution approving the formation of a motorcycle unit, and approved the request for lease of the equipment for one year with the Chief to report back at budget time with an update on the program. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 14 of 16 City Council Meeting - 07-11 May 1, 2007 Discussion on downtown parking ramp project design & review process Community Development Director Turnblad reviewed the status of the proposed parking ramp and identified site for the ramp, north of the Lowell Inn between Second and Third streets. Initial soil work has indicated the site would sustain a ramp. Also, he noted that TIF district modifications were made to generate funds for the project therefore staff is seeking input from the Council on how to proceed with the public input and design process. Councilmember Milbrandt asked if conversations were taking place with possible financial contributors to the project; Mr. Turnblad responded in the affirmative. City Administrator Hansen pointed out that the City is looking to finance the project primarily through TIF revenue and fees, not tax dollars. Mr. Hansen said it also appears there are willing partners in the project, partners in terms of land donation and cash donations - it appears to be very attainable. Council consensus was to move forward with the project according to the timetable set forth in Mr. Turnblad's memo. COUNCIL REQUEST ITEMS Councilmember Nyberg said he had been contacted by a resident near the Stillwater Country Club inquiring about the possibility of installing some resident-only parking signs by his property. There was discussion as to whether such signs are enforceable. Mr. Hansen said while not enforceable, the signs might be effective. Mr. Hansen said cost of installing the requested signage would be about $100. Councilmember Nyberg said the resident requesting the sign views the signage as a possible deterrent. Councilmember Polehna said he would not be in favor, as the public has a right to park on streets. Councilmember Milbrandt suggested there is an extra traffic situation in that area when cars are parking on both sides of the street. Due to the 90-degree corner, barely one car is able to get through, he said. Councilmember Milbrandt said he would support aone-year trial for several resident-only parking signs. It was consensus to have Public Works Director Sanders work with Councilmember Nyberg regarding the placement of signage at Moore and Fourth Street. Councilmember Polehna asked about a concern regarding speed on Owens Street. Chief Gannaway said that had been addressed. STAFF REPORTS (continued) Chief Gannaway reported his department is hosting a bike rodeo at Lily Lake Elementary School on May 26 for grades K-3. He noted that the department has acquired a travel trailer from FEMA. Plans are for the police and fire departments to use the vehicle as a joint mobile command post. Page 15 of 16 City Council Meeting - 07-11 ADJOURNMENT May 1, 2007 Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 9:57 p.m. All in favor. AT T: ~ \\7~-- C/~-- Diane F. Ward, City Clerk Resolution 2007-98, directing payment of bills purchase of four computers for the Police Department. Resolution 2007-99, approving transfer of ownership of the 3.2 off sale Liquor license and tobacco license to Moreno Diversified, Inc. Resolution 2007-100, approval of lease agreement with The Bookmark Cafe Resolution 2007-101, approving Addendum to Joint Powers Agreement - SWM/C Service Cooperatives Resolution 2007-102, approving 2007 Dock Permit Resolution 2007-103, a resolution approving the park name of "Brown's Creek Park" for the Munkelwitz park site Resolution 2007-104, accepting bids and awarding contract for Phase III Utilities project (Project 2006-09 A&B) Resolution 2007-105, approving plans and specifications and ordering advertisement for bids for the 2007 Seal Coat project (Project 2007-06) Resolution 2007-106, ordering improvement and plans and specifications for the Lakeview Clinic pond (Project 2005-07) Resolution 2007-107, resolution approving the formation of a motorcycle unit Ordinance No. 986, an ordinance amending the Stillwater City Code, Section 31-1, Subdivision 5 entitles establishment of districts relating to Case No. 07-15. Page 16 of 16