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HomeMy WebLinkAbout2007-04-17 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-09 April 17, 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 Finance Director Harrison Fire Chief Glaser Public Works Director Sanders City Clerk Ward Prior to the start of business, the Council observed a moment of silence for the Virginia Tech students who lost their lives in the tragic shootings. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Milbrandt to approve the April 3, 2007 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: Lakeview Hospital Mayor Harycki read a proclamation in recognition of Lakeview Hospital being named one of the top 100 hospitals in the nation and proclaiming April 18, 2007, as Lakeview Hospital Day in the City of Stillwater. Proclamation: National Library Workers Day Mayor Harycki read a proclamation in recognition of National Library Workers Day and proclaiming April 17, 2007, as 4th annual National Library Workers Day. Susan Freming accepted the proclamation on behalf of the Stillwater Public Library and staff. OPEN FORUM Leif Erickson, 920 Towne Circle, member of the McKusick Lake Water Association, gave a presentation regarding the water quality at McKusick. He noted the alga is already starting to grow. His presentation highlighted the levels of phosphorus, nitrogen and chlorophyll A and recent trends in the levels of the chemicals. Bruce Weere, 1314 Meadowlark Dr., president of the Water Association, showed photos of wildlife that frequent the lake area. The photo presentation also showed fish in the lake and fish kill that occurred in spring of 2007, and an algae bloom that was present New Year's Day of this year. Mr. Weere asked that the City continue the algae harvesting after the waterfowl hatching and brood maturity. Mr. Weere also told the City Council Meeting - 07-09 April 17, 2007 Council that May 19 is Lake McKusick Day, with festivities beginning at 9 a.m. at Lake McKusick Park. Mayor Harycki noted the Council would be meeting with the Brown's Creek Watershed District at the Council's first meeting in May. Mark Rosen, St. Louis Park, presented the City with the City Clerk's copy of the City's 1887 ordinances, an original 1917 Runk photo of Fire Engine No. 1, a "horse blanket" dollar bill, and other 1887 photos of the Stillwater area. Mr. Rosen presented the items to the City in memory of his grandfather and his mother. Fire Chief Glaser accepted the photo of Engine No. 1. Randy Sipe, 230 Wildwood Court, thanked the Council and staff for the City's efforts/plans at mitigating the storm water discharge going into Lake McKusick as part of the Eagle Ridge street project. Jeff Salsby, 460 Eagle Ridge Trail, also expressed his gratitude for the City's response to comments made during the public hearing for the Eagle Ridge street project. Brent Peterson, 502 Churchill, executive director of the Washington County Historical Society, invited the Council and public to the annual open house at the Warden's House Museum on April 22. STAFF REPORTS Fire Chief Glaser reminded residents that spring burning restrictions are in effect and will remain in effect for 4-6 weeks. He stated that the fire danger remains high and no burning permits are being issued at this time. Chief Glaser stated the consultants have determined that the Myrtle Street site is not economically feasible for the location of a new public safety facility; he said the consultant is expected to prepare a formal written report stating that conclusion within the week. Councilmember Milbrandt pointed out that the fire service study conducted several years ago did list several site alternatives; Chief Glaser said the study alternatives will have to be reviewed, and said he would keep the Council abreast of the situation. Public Works Director Sanders informed the Council that consultants working on the City's lake management plan will be forming a stakeholders group to discuss goals and implementation. Residents are being sought to serve as part of the stakeholders group; interested residents can send a letter of interest to City Hall, he said. City Administrator Hansen stated that after the recent Council meeting that lasted until the early morning hours of the following day, that a time limit of 5 - 10 minutes should be considered for the Open Forum and public hearing portions of Council meetings. One of the suggestions is a simple policy amendment to the meeting agenda, adding a statement "out of respect for others in attendance, please limit your comments to 5 minutes or less" to the Open Forum language and under public hearings, adding a statement "out of respect for others in attendance, please limit your comments to 10 minutes or less." He mentioned that the City of Hugo places notices regarding public hearing policies and procedures on the chairs for hearing audiences. Mr. Hansen suggested that a policy which prohibits a person from entering discussion directly or through a member of Council without the permission of the presiding officer is a bit too formal; Mayor Harycki agreed he would not like to see the City implement that policy. Page 2 of 13 City Council Meeting - 07-09 April 17, 2007 Mr. Hansen suggested the Council could do nothing, add the suggested verbiage regarding time limits to the Open Forum and Public Hearing agenda items, or adopt a policy similar to Hugo's format. Councilmember Milbrandt noted that in the past, there was a statement regarding time limits, 3 minutes, he recalled, for the Open Forum portion of the meeting. Councilmember Milbrandt said he thought the City of Hugo's policy is too rigid and formal, but said he would be amendable to adding a five minute guideline to the Public Hearing agenda policy. Councilmember Nyberg said he was uncomfortable with setting a time limit, unless there is a mechanism to extend the timeframe. Mayor Harycki suggested that a time limit guideline would be a polite way of moving a hearing along. Councilmember Polehna questioned how to convey information regarding acceptable behavior during public hearings, which can sometimes be rather heated. Councilmember Gag said he had seen such instances during Planning Commission meetings and would recommend extending whatever policy the Council adopts to the various commissions/boards to have some consistency. City Administrator Hansen suggested that a simple statement regarding time limit guidelines could be added to the Council agendas and he could send out a memo to commissions/boards regarding the suggested time guidelines. Mayor Harycki said he would like the statement to be a "gentle reminder" to those addressing the Council. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to set a guideline of 3 minutes for the Open Forum and 5 minutes for Public Hearings and to direct Administrator Hansen to send a memo to commissions/boards advising them of the same. Councilmember Nyberg asked if the time limits could be extended to 5 minutes for Open Forum and 10 minutes for Public Hearings to ease into the policy. Councilmember Milbrandt amended his motion to 5 minutes (Open Forum) and 10 minutes (Public Hearings); Councilmember Polehna seconded the amended motion. All in favor. CONSENT AGENDA Councilmember Polehna asked that item No. 4 -banner at the Historic Courthouse - be pulled for a separate vote. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the Consent Agenda, excluding item No. 4. Ayes: Councilmember Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg, moved approval of Consent Agenda item No. 4. Ayes: Councilmember Gag, Milbrandt, Nyberg and Mayor Harycki Nays: None Abstain: Councilmember Polehna Resolution 2007-88, directing payment of bills Possible approval of Special Event - 5K Fun Run -Stillwater Firefighter's Relief Association -September 29, 2007 Page 3 of 13 City Council Meeting - 07-09 April 17, 2007 Possible approval of banner installation request -Greater Stillwater Chamber -Fall Colors Fine Art & Jazz Festival Possible approval of banner installation request -Washington County Historic Court House -Victorian Christmas ?°""~-(.,,,~;~,h~o T„o°~,°"` (Moved to 5/1/07 meeting) Resolution 2007-89, a resolution adopting assessment -Liberty West Resolution 2007-90, resolution abating Special Assessments Possible approval of utility billing adjustments PUBLIC HEARINGS development of is the date and time for a public hearin mils lots. The developers have requested approval of: a preliminary plat and a concept PUD for a 50 lot development; a rezoning of the property from AP, Agricultural Preservation to TR, Traditional Residential and to LR, Lakeshore Residential; and vacation of excess prescriptive right-of-way easement for 72~d Street. Ed Dulach, Elite Development, applicant Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23, 2007. This hearing was continued from the April 3, 2007 meeting. Community Development Director Turnblad reviewed the request and site. He explained that because the parcel is in a shoreland district, the DNR has review and approval authority. On first review, the DNR denied approval due to the amount of open space being provided. The developer then contacted the DNR regarding the potential purchase of the Jackson Wildlife Management Area. The DNR stated the property was available, but the title could not be transferred to a private party, it would have to be transferred to some public entity such as a city or watershed district. He stated the DNR subsequently contacted the City to determine its interest in obtaining the title to the area. Mr. Turnblad noted that the City's comprehensive trail plan shows two trail segments that run across the property. The DNR then introduced enabling legislation that would authorize the sale of the wildlife management area. The Planning Commission, Park Board and Joint Board have reviewed the proposal and agreed there were two potential benefits to acquiring the property, Mr. Turnblad said. The DNR regional hydrologist, who has the authority to recommend approval or denial of the PUD, has reviewed the proposal before the Council and has indicated approval would be recommended. Mr. Turnblad also spoke to several traffic issues, a new north-south connection and the improvement of a portion of 72"d Street, and mitigating measures to address those issues. He concluded by stating staff finds the preliminary plat is consistent with City regulations -zoning, subdivision, and others -and all the other boards/commissions that have reviewed the proposal have felt the open space arrangement is acceptable. Mayor Harycki opened the public hearing. Bruce Weere, 1314 Meadowlark Dr., asked about the cost of the acquisition of the wildlife management area and whether the DNR would be acquiring any additional wildlife areas in the exchange of monies. Mr. Turnblad explained that the DNR has indicated it would sell the property for $100,000. The Park Board has recommended that half of the cost of acquisition come out of Park dedication funds, with the developer Page 4 of 13 City Council Meeting - 07-09 April 17, 2007 to pay for the remainder. Mr. Weere reviewed the history of the wildlife management area, which was donated to the Minnesota Department of Conservation Division of Game and Fish by Archibald and Margaret Jackson with the condition that the area be preserved as a wildlife sanctuary. He suggested that the Jacksons would not approve of their donated land being brokered as a land development deal. He also stated the development would add additional impervious surface and chemicals that drain into the storm water, which ends up in the McKusick Lake wetlands, and further damage an already impaired lake. He suggested imposing a 12-month moratorium on all development until the City has its plans -Comprehensive Plan and water management plan - in place. Paul McEnroe, 233 Rutherford Road, read a statement, prepared by his wife, which referenced state statutes that govern the sale of DNR land; monies from a developer can not be used for purchase of DNR land, he also referenced the statutes restricting the sale to another public entity and restrict a sale of land for public use -- recreation or natural resource purposes. He suggested that since the developer will not and cannot own the wildlife management area, it cannot be counted toward the necessary open space requirement for the PUD approval. He also spoke to density and traffic. He suggested the use of cul-de-sacs to address issues regarding traffic. Pauline Allison, 241 Rutherford Road, questioned the reasoning for allowing 10,000- square-foot lots versus 20,000-square-foot lots. She suggested that for $150,000 to acquire the Jackson area, the developer is being allowed to double the number of lots and the potential for an addition $2.5 million in income. She questioned the morality of such an arrangement. Alistair Chan, 12478 N. 72"d St., said he was in favor of continued development in Stillwater, but said all development needs to be done with thoughtfulness and great care. He expressed concern about the 72nd Street vacation and traffic; land use and land use compatibility; and parkland dedication. He said vacating 72nd Street would be destroying "one of the public jewels in Stillwater," which allows the public to drive by and enjoy the view of Long Lake. He further suggested that destroying the road, which has been in existence for more than 100 years, would be destroying an historical part of Stillwater. He noted that by vacating the road, the City will lose its right to ever place a road in that location again. He also spoke of the increase in traffic and traffic patterns that will be created by the vacation of 72"d and the new development. He questioned the size of several lots close to the lake as compared with neighboring lots, lots that are encumbered with a scenic easement. He also spoke of the potential loss of wooded areas near the Lake and bordering the Liberty development. He asked that the Council consider requiring a similar conservation easement in that area to maintain a more natural state of the lots and also require larger lots in that area. He also questioned the value of acquiring the Jackson wildlife area and said the wildlife area should not be acceptable for green space dedication -the City already enjoys the area as undevelopable green space and having it dedicated to the City is unnecessary. Gail Pundsak, 140 Northland Avenue, said she likes the City's focus on improving parks and trails. She noted there is currently no access to the wildlife management area and spoke in favor of enhancing the area for the public to enjoy. She spoke against putting a tarred road in the area and spoke in favor of a pervious path. Page 5 of 13 City Council Meeting - 07-09 April 17, 2007 Kim Gualtieri, 3171 Summerfields Green, talked about the tree removal plan for the development. She expressed a concern about clear-cutting of the lots that are not custom lots. She also expressed a concern about the size of the lots along the west side of the property. She said the plan, as presented, is against the City's tree protection ordinance, which requires the maximum number of trees to be preserved during development. She also spoke of the conservation easement on the lots in Liberty on the Lake, which preserves the trees and prevents the placement of structures in the easement area. She called for a similar easement in the proposed development to protect the same grove of trees that the Liberty conservation easement is intended to preserve. Guy Whitehead, 3183 Summerfields Green, said he expects the area in question to be developed but does not expect the City to facilitate the most profit for a developer by making changes to the structure the City put in place to protect the quality of Stillwater. Gary Jacobson, 198 Northland Ave., spoke of the traffic flow and an east-west connection street that will bring traffic from this proposed development as well as from the Liberty area. Steve Quam, 3189 Summerfields Green, noted the PUD process provides flexibility, and he suggested that the City should get something in return for allowing higher densities in this proposal. He also noted that zoning decisions, such as this, and preliminary approvals have consequences that last for a very long time. Brian Luke, 195 Northland Ave. suggested that moving forward with this proposal would be immoral, if not illegal. He also spoke of an environmental concern about the development's location on Long Lake. Paul McEnroe, 233 Rutherford Road, reiterated his concern regarding the mechanics of the sale of the DNR property, suggesting the developer cannot put up money for the purchase -the land must be sold to a public entity. Art Palmer, Stillwater property owner, said he had athree-decade relationship with the Jacksons and urged the Council to respect the wishes of the donors of the wildlife management area. Michelle Whitehead, 3189 Summerfields Green, urged the Council to vote no on this proposal. Heidi Burns, 7190 Mid Oaks, talked about traffic and safety concerns pertaining to 72"a Street and the possible paving of a portion of the road. She also spoke of the lack of parking for potential users of trails. Dan McSwain, 203 Northland Ave., reiterated concerns about increased traffic and cut- through traffic. No other comments were received, and the hearing was closed. Mayor Harycki suggested the plan, utilizing the DNR property to facilitate a development, seemed like gerrymandering of rules and boundaries and said the plan "just doesn't feel right." Councilmember Gag asked Mr. Turnblad if the current proposal satisfies the Page 6 of 13 City Council Meeting - 07-09 April 17, 2007 requirements for a PUD. Mr. Turnblad pointed out that since the property is in the shoreland overlay district, the DNR has review and approval authority, and the DNR has indicated it would approve the proposal. Councilmember Milbrandt pointed out that in review by the Park Board and Planning Commission, there was never any discussion of the law brought to the Council's attention by Mr. McEnroe and suggested that further research into that issue might be necessary. Mr. Turnblad pointed out that the DNR real estate Attorneys drafted the legislation presented to the Legislature. Mr. Turnblad stated the sale is to the City, and the area would be City property when the sale is completed. City Attorney Magnuson said the legislation addresses the statutes cited in the McEnroes statement and states that notwithstanding those statutes, the DNR Commissioner can sell the land. City Attorney Magnuson advised that the sale is, in fact, legal. Councilmember Milbrandt said other issues were brought up at the public hearing that were not addressed in previous Planning Commission/Park Board discussions. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to deny the proposal without prejudice. City Attorney Magnuson advised that denial requires findings of fact that must be adopted at this meeting due to the statutory time limit. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to amend the motion to include the adoption of Resolution 2007-91, resolution adopting findings of fact, conclusions and order related to the denial of a rezoning request; preliminary plat approval, concept PUD approval; and a requested street vacation in the AP, Agricultural Preservation District, (Case No. V/07-09). There was brief discussion regarding traffic and parking on 72"d Street, as well as the proposal for a cul-de-sac. Fire Chief Glaser addressed fire safety issues with the cul-de-sac proposal, including the possible width of the street, sprinkling of structures and emergency vehicle access. Councilmember Gag said he was not comfortable with the transfer of the Jackson Wildlife Management Area and said the preliminary plat doesn't provide him with a sense of the feel and look of the neighborhood or sense of the treescape. Councilmember Gag also said he thought the traffic issue should be addressed and said he thought this area should be looked at in the Comprehensive Plan update process. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 07-15. This is the date and time for a public hearing for rezoning of the property located at 8262 and 8270 Neal Avenue North from AP, Agricultural Preservation to RA, Single Famil rL. City of Stillwater aeplicant. Notices were mailed to affected progerty owners and published in the Stillwater Gazette on March 23, 2007. This hearing was continued from the April 3, 2007 meeting. Community Development Director Turnblad explained that these two lots were created when the City acquired the Munkelwitz property. The City subsequently sold the two parcels as buildable lots, but neglected to change the zoning to actually make them buildable. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 7 of 13 City Council Meeting - 07-09 April 17, 2007 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the first reading of the ordinance changing the zoning from AP to RA. Ayes; Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 07-07. This is the date and time for a public hearing for final approval of Phase I development of Millbrook, a residential subdivision on TH 96 west of Neal Avenue. This case includes: Final Plat and Final PUD approval for MILLBROOK (1St Addition), which includes 63 single family homes; and a Preliminary Plat and PUD amendment relating to the townhome portion of the project. US Home Corporation, applicant. Notices were mailed to affected property owners and published in the Stillwater Gazette on March 23, 2007. This hearing was continued from the April 3, 2007 meeting. Community Development Director Turnblad reviewed the request and site. He noted that the first plat of Phase I includes 63 single-family homes. Mr. Turnblad noted the request before the Council also includes a PUD amendment pertaining to the townhome portion of the 2nd plat of Phase I. Mr. Turnblad reviewed two changes in the conditions for the single-family final plat versus the preliminary plat approval - a change in design related to a two-story versus one-story single-family home product and the inclusion of several additional lots in Phase I due the street configuration. He also reviewed the pros and cons of the requested change in the townhomes, from a brownstone to back-to- back design. Mr. Turnblad noted the Heritage Preservation Commission had reviewed the townhome design and recommended approval with five conditions. He stated that two of the HPC conditions, a condition relating to the variety of design for the end units and a condition relating to variety of materials/colors between buildings and within buildings, are being appealed by the developer. Mayor Harycki opened the public hearing. Jay Liberacki, Lennar Corp., reviewed the history of the project. He explained the change in townhome product and the request for an appeal to the HPC conditions of approval. He noted that at the suggestion of the Joint Board, they had changed the design of the townhome end units, bringing the entrance around, to give a twinhome appearance. Mr. Liberacki also spoke of the variety of colors and design of the townhomes, as well as the use of evergreen plantings to diminish the view of the parking courts. He also suggested the brownstone, row product doesn't seem appropriate to the rural Stillwater setting and doesn't provide a transition from the City to Stillwater Township. He noted they have two end unit designs, and suggested that two elevations will provide the opportunity for variety of appearance. He showed photos of various developments in the Stillwater area, highlighting the end unit designs. Teresa St. Amant, architect, reviewed the end unit elevations; she stated they would like to stay with two elevations but in doing so will be able to create four different looks, all with different color palettes. Ms. St. Amant also addressed the HPC's condition regarding the variety of color/materials within units. Ruth Bruns, 8790 Neal Ave. N., talked about the view from Highway 96, and said there had been no representation of what the South Twin Lake shoreline will look like with the new change in design. Page 8 of 13 City Council Meeting - 07-09 April 17, 2007 Art Palmer provided a history of the property. He likened the acquisition of his property to a marriage and whether the new owners are worthy of what is being entrusted to them. He stated he believes Lennar is worthy and the proposal that has evolved over the years is a very fine development that takes into account and respects both South Twin Lake and Brown's Creek. He stated he was proud of the product and hoped the Council would grant the long-awaited approvals. Jay Liberacki responded to Ms. Bruns' comments and provided graphics of the two- story structures. He noted the design is slightly shorter and narrower and said he thought the change would be a more attractive view for the Bruns and the other existing residents across South Twin Lake. Orville Johnson, 8820 Neal Ave. N., suggested the homes will appear as rectangular boxes as viewed from across the lake and suggested the use of trees to make it look as good as possible from Highway 96 and the properties across the lake. Ms. St. Amant responded to the comments. She reiterated the position that the additional windows and the lower roof of the two-story homes should provide for a better view than the single-story product. She also suggested the rear elevations will be enhanced with the addition of decks and other improvements. She also pointed out that the new design will be shallower and farther away from the lake. Ms. Bruns, 8790 Neal Ave. N., said it is hard to visualize what the homes will look like. She asked if there would be just one design for the homes or whether the design would be varied. Ms. St. Amant stated there are four different elevations, with different color palettes. Ms. St. Amant showed a graphic demonstrating how the rooflines will provide variety from the rear elevations. No other comments were received, and the hearing was closed. Councilmember Milbrandt asked for an explanation of why the single-level homes don't work. Councilmember Gag referred to the change in the townhome product and the change in terminology from "brownstones" to "row" houses. Carol Griffith, director of sales for Lennar, St. Paul Division, responded by citing changes in the housing market. Regarding the townhome product, she noted there is a cost involved with the brownstones that buyers have been unwilling to pay for in the past several years. Regarding the one-level, single-family homes, Ms. Griffith pointed out that Lennar is discontinuing that product, as it has been the worst selling product. She also talked about the demographics of the Stillwater area that doesn't fit the empty nesters, who would be the typical buyer of the single-level home. Councilmember Gag recalled that the brownstone concept was a big issue in Planning Commission discussion, the number of units, view from Highway 96 and other issues, and said he was still in favor of the original PUD with the brownstones. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-92, a resolution approving the final plat and development agreement addendum for Millbrook (Case No. 07-07) and Resolution 2007-93, a resolution approving a final planned unit development permit for property located at 12427 Dellwood Road said planned unit development to be known as Millbrook (Case No. 07-07), the single-family (63) portion of the project, with the 13 conditions of approval. Page 9 of 13 City Council Meeting - 07-09 April 17, 2007 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None In the discussion of the multi-family portion of the project, Councilmember Gag reiterated his position regarding the importance of the brownstone concept to the approval of the concept PUD. Councilmember Milbrandt favored getting more input from the HPC regarding their discussion and conditions of approval; it was noted that action on this could be put off until the next Council meeting if desired. After discussion, it was consensus to move forward, incorporating the HPC conditions. Motion Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2007-94, a resolution amending the preliminary plat and concept planned unit development permit for the us homes development known as Millbrook (Case No. 07-07) with the 14 conditions of approval, including the two conditions recommended by the HPC. Ayes: Councilmembers Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: Councilmember Gag UNFINISHED BUSINESS Possible agreement with St. Croix Academy City Attorney Magnuson explained the preliminary development agreement was reworked to eliminate any conception of a commitment to approve anything. The agreement, he said, requires the Academy to pay the City for staff time and consulting fees and contains a list of suggestions without a commitment to approve anything. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-95, approving preliminary development agreement with Friends of St. Croix Preparatory Academy. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible 2"d reading of Ordinance No. 984, an ordinance amending the zoning map for Fairway Villas Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Ordinance No. 984, an ordinance amending the zoning map for Fairway Villas. Ayes: Councilmembers Gag, Milbrandt, Nyberg and Polehna Nays: None Abstention: Mayor Harycki Possible 2"d reading of Ordinance No. 985, an ordinance creating the Eagle Ridge Sidewalk District Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Ordinance No. 985, an ordinance creating the Eagle Ridge Sidewalk District. Page 10 of 13 City Council Meeting - 07-09 April 17, 2007 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of plans & specs and advertise for bids for the 2007 Street Improvement rp oject Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-96, to approve plans & specifications and ordering advertisement for bids for 2007 Street Improvement Project (Project 2007-02). Ayes: Councilmembers Gag, Milbrandt, Nyberg and Polehna Nays: Mayor Harycki Mayor Harycki asked if all the specs could be completed and meets the request of the Watershed District. Engineer Sanders explains the specs are being written based on a worst-case scenario regarding Watershed District requirements. Mr. Sanders said staff had met with the Watershed District the previous week and the Watershed District indicated an openness to have a trail on the east side of the road (Eagle Ridge) with the provision the City provides for some type of water quality treatment on the west side of the road. It was noted the cost of a sidewalk on the west side of the road would be bid as an alternate. Mayor Harycki wondered if the Watershed would require the City to do something with the storm sewers that run under the road and asked when formal action is expected from the Watershed District. It was noted the Watershed District Board meets the second Thursday in May. Mayor Harycki expressed a concern about moving forward without having an understanding of the Watershed issues. Councilmember Milbrandt suggested that the storm pipes are a separate issue, apart from the street improvement project and path. Mr. Sanders noted that changes to the project can always be made through change orders approved by the City Council to meet the Watershed requirements. NEW BUSINESS Noise Ordinance variance - September 15, 2007 -Applicant: Katee Mahikuch City Clerk Ward explained the request for a variance is from an applicant planning a wedding reception at the Water Street Inn, with live music on the patio. The applicant is requesting a variance to allow music until midnight, versus the 10 p.m. limit required by the ordinance. In discussion, it was suggested that the applicant keep the level of the music down after 10 p.m. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the variance request. All in favor. Possible approval of easements for utility crossings (Neal Avenue and Marylane Avenue N) from the Minnesota Zephyr City Attorney Magnuson explained these are the right-of-way easements the City needs for the Mary Lane water main extension and the Neal Avenue trunk sewer extension to serve the Millbrook development. Page 11 of 13 City Council Meeting - 07-09 April 17, 2007 Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007-97, approval of easements by the Minnesota Zephyr, Ltd for utility crossings. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICATIONS/REQUESTS 2007 Open Book Meeting Schedule Mayor Harycki reviewed the schedule of meetings. COUNCIL REQUEST ITEMS Councilmember Gag noted that Don "Stump" Nolde had passed away on April 4. Mr. Nolde served on the City Council from 1963-1966. Councilmember Gag publicly acknowledged gratitude for Mr. Nolde's service to the City and to his family. Mayor Harycki questioned the need to have all staff members in attendance for the entire meeting. He suggested that after staff reports are provided, they might be allowed to leave. It was consensus that City Administrator Hansen could communicate with staff regarding that issue. Councilmember Polehna noted the Human Rights Commission is accepting nominations for the Human Rights Award. Applications can be found on the City web site or by calling City Hall, he said. Applications are due May 1. STAFF REPORTS (continued) ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 10:55 p.m. All in favor. ;J J} :: e arycki, yor ATTEST: ~~ d.~G2~~s~..~ Diane F. Ward, City Clerk Page 12 of 13 City Council Meeting - 07-09 April 17, 2007 Resolution 2007-88, directing payment of bills Resolution 2007-89, a resolution adopting assessment -Liberty West Resolution 2007-90, resolution abating Special Assessments Resolution 2007-91, resolution adopting findings of fact, conclusions and order related to the denial of a rezoning request; preliminary plat approval, concept PUD approval; and a requested street vacation in the AP, Agricultural Preservation District, (Case No. V/07-09) Resolution 2007-92, a resolution approving the final plat and development agreement addendum for Millbrook (Case No. 07-07) Resolution 2007-93, a resolution approving a final planned unit development permit for property located at 12427 Dellwood Road said planned unit development to be known as Millbrook (Case No. 07-07) Resolution 2007-94, a resolution amending the preliminary plat and concept planned unit development permit for the US Homes development known as Millbrook (Case No. 07-07) Resolution 2007-95, approving preliminary development agreement with Friends of St. Croix Preparatory Academy Resolution 2007-96, approve plans & specifications and ordering advertisement for bids for 2007 Street Improvement Project (Project 2007-02) Resolution 2007-97, approval of easements by the Minnesota Zephyr, Ltd for utility crossings Ordinance No. 984, an ordinance amending the zoning map for Fairway Villas. Ordinance No. 985, an ordinance creating the Eagle Ridge Sidewalk District. Page 13 of 13