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HomeMy WebLinkAbout2007-05-15 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-12 May 15, 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 Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE IN OBSERVANCE OF MEMORIAL DAY Julie Kink led the Council and audience in the Pledge of Allegiance in observance of Memorial Day. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approved the May 1, 2007, regular and recessed meeting minutes subject to the revisions/comments of the Brown's Creek Watershed District Board. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation: McKusick Lake Day -May 19, 2007 Mayor Harycki read a proclamation designating May 19, 2007, as McKusick Lake Day in the City of Stillwater and presented the proclamation to a representative of the McKusick Lake Water Association. The Association representative invited the community to participate in the activities planned for May 19. Proclamation: National Tourism Week -May 12-20, 2007 Mayor Harycki read a proclamation designating May 12-20, 2007, as National Tourism Week and presented the proclamation to Jennifer Severson, executive director of the Greater Stillwater Chamber of Commerce. Presentation of 2006 Heritage Preservation Commission awards Mayor Harycki and Howard Lieberman, chair of the Heritage Preservation Commission, presented the annual Preservation Awards. Awards were presented to Charlsen Trucking for the finest example of facade restoration; Stone's Restaurant for best use of outdoor space; Stillwater Art Guild for signage; and Stillwater Public Library for best renovation of a building. OPEN FORUM Mark Hackbarth, 731 Eagle Ridge Trail, said he was opposed to portions of the Eagle Ridge street improvement project as currently proposed. He did a Power Point presentation. The presentation highlighted the confusion regarding placement of the sidewalk and comments made during previous discussions regarding the project. He said many residents thought that the sidewalk would be on the southwest side of the street, and that belief may explain why many people did not attend the public hearing. He said 52 residents had signed a petition asking that the Eagle Ridge project be halted and opposing placement of the sidewalk on the northeast side of the street. Regarding the sidewalk, he said their position is that the sidewalk should be placed on the southwest side, as was many people's understanding, or eliminated from the project. The presentation charted the demographics of a polling of residents regarding the sidewalk issue. Seventy-one percent of the residents do not want a sidewalk on either side of the road, 25 percent want a sidewalk regardless of location, and one person could not be located, he said. One hundred and eight people signed a petition opposing a sidewalk. He spoke of the pitch of some of the driveways and questioned how a sidewalk could be installed at those locations, citing safety and legal concerns. He said the subdivision was not platted for sidewalks. He stated the City's trail plan is seven years old and perhaps should be revised. The presentation outlined options -halt the sidewalk portion of the project and proceed with the road improvement; put the project off for a year and create an advisory group, including representatives of the entire neighborhood, both north and south; eliminate the sidewalk and implement a trail along the east side, connecting to Green Twig Way; or implement the original proposal, with the sidewalk on the southwest side. He concluded by urging the Council to step back and look at the proposal and let the neighborhood work with the City to resolve the issues. Amy Zastrow, 2302 Eagle Ridge Trail, said she had asked about the reason for the proposed sidewalk and was given two reasons -safety and trail connection. She briefly reviewed other options for trail connections. She spoke of "psychological traffic calming" which indicates that the removal of traffic signs, signals and sidewalks actually slows cars and is safer for pedestrians. She said safety is the most concern to her, and she suggested that people drive faster when there are sidewalks in a neighborhood because they think the road is safer. A sidewalk will not improve safety, she concluded. She also spoke of the cost involved should a sidewalk be placed in her yard, the cost of the Page 2 of 14 assessment, as well as the cost of re-landscaping the yard. She asked that the Council consider the personal impact on the neighborhood as well as the safety factor. Tom Henderson, 1206 Eagle Ridge Trail, said he was in favor of the project, both the street and sidewalk, regardless of which side of the street the sidewalk would be constructed on. He said he had no position regarding afive-foot versus eight-foot design for the sidewalk/trail, but said he would prefer the sidewalk/trail be located closer to the curb and therefore less invasive to one's property. He stated he also would have preferred that the project include streetlights. John Nolde, 1011 Eagle Ridge Trail, said he is a strong advocate of a sidewalk. He spoke in favor of narrowing the road as a fair way to accommodate a sidewalk. He suggested there is a need for more time to study the project proposal and supported the position of not accepting bids at this meeting and forming a committee to develop an acceptable solution. A man spoke in favor of a sidewalk, calling it an amenity for the neighborhood. He noted there are no other amenities -parks, streetlights - in the neighborhood and suggested that much of the opposition to a sidewalk would disappear if the City would pay 100 percent of the cost of the sidewalk. John Peterson, 480 Eagle Ridge Trail, noted that the placement of the sidewalk is a very emotional issue and suggested that the focus of the Council and residents should be on how to improve the water runoff issue that is creating problems with Lake McKusick and how to improve traffic calming issues and safety issues. He stated he had worked with the City, School District officials and Watershed District representatives to create a solution for the storm water runoff situation, which currently are unmitigated and creating problems for Lake McKusick. He said through a lot of hard work on the part of everyone involved, a plan has been developed to construct a trail on the east side on the lower portion of Eagle Ridge from Myrtle to Green Twig Way that will result in a better environmental situation. He noted the trail issue from Green Twig to Neal is more complicated but suggested that if the focus is placed on environmental and safety issues, folks will be able to come up with the best solution. David Carroll, 920 W. Abbott St., raised concerns about the Washington Square improvements. He stated he had a petition signed by the five neighbors on Abbott Street requesting a redesign of the improvements that relocates or eliminates the proposed parking lot. He spoke of the safety concerns regarding the parking lot proposal. He also stated there is some concern regarding the placement of the proposed restroom facility. Mr. Carroll read a letter written by his wife expressing her concern about how the proposed improvements will affect the integrity of the neighborhood, and stating the proposed parking lot, toilet and "circus tent" structures affect the warmth and livability of her home. Another resident near Washington Square Park addressed the issue of the location of the restroom structure and asked that the structure remain at the initially proposed location. Page 3 of 14 Doug Luchsinger, owner of Stillwater Taxi and A Taxi, asked that the Council consider regulating the taxi industry in Stillwater. Mayor Harycki suggested directing staff to research the issue and come back with recommendations to the Council. Kathy King, 210 Wildwood Court, stated 10 years ago she was a member of a neighborhood group that was formed to try to reduce the speed of traffic on Eagle Ridge. One of the ideas, she said, was to have a trail on the undeveloped section of Eagle Ridge from Myrtle Street to Green Twig Way. She said the plan was taken and expanded to include a proposal for a sidewalk along the entire stretch of Eagle Ridge, a proposal that residents opposed. She stated the opportunity for the trail from Myrtle to Green Twig Way still exists and has more merit this time around. Julie Kink invited members of the Council and citizens to attend the Memorial Day ceremony scheduled for 11 a.m. Monday, May 28, at the Veterans' Memorial on Third and Pine streets. Robert Norris, 895 Eagle Ridge Lane, suggested that formation of a citizen commission or committee would have solved a lot of the problems related to the Eagle Ridge proposal and asked that whatever is done from this point on involve those impacted in the solution. STAFF REPORTS Fire Chief Glaser commented on the Manning Avenue project regarding access issues related to 62"d Street. He stated he had spoken with Joe Lux, the county's project manager, who assured him that the project will be completed under traffic and there will be two lanes accessible/open from Highway 36 to 62"d. He noted the County was hosting a public hearing/open house on the proposed improvements the day following the Council meeting. Chief Glaser also noted the area is still under burning restrictions and still considered in very high fire risk conditions. Recreational fires are still allowed, but the property owner is responsible for any damages should a recreational fire get out of control, he noted in urging caution. Mayor Harycki asked Police Chief Gannaway about a traffic calming school. The Chief stated the University of Wisconsin conducts the school once a year and he would look into possible attendance by an officer or representative of the engineering department. Director of Administration Knauss reminded residents that a household hazardous waste collection, for City residents only, was scheduled for May 19 at the Lily Lake ice arena parking lot. She reviewed the items that would be accepted. She reminded residents that the County has a permanent household hazardous waste collection facility in Oakdale that is open year-around. Community Development Director Turnblad stated a neighborhood meeting regarding the Washington Square improvements had been held with residents of the north side of Abbott Street. He said the concern regarding the restroom location could be resolved at the staff level, noting there is a balancing act regarding views from three different locations. Mr. Turnblad said Council direction is requested regarding the parking lot Page 4 of 14 issue. Currently, he said on-street parking is permitted on Abbott Street. The proposal calls for 18 nose-in parking spots. The question, he said, is whether the Council would prefer the nose-in parking versus the existing parallel parking. Mayor Harycki noted it would be difficult to return to parallel parking once the parking lot is installed and suggested leaving the parking as is; if problems arise, a parking lot could be constructed later. Councilmember Nyberg noted that if the parking lot were constructed later, the City would be responsible for the cost. Councilmember Milbrandt asked whether parallel parking would still be allowed on Abbott and whether residents would view both the parallel parking and the tail-in parking. Councilmember Polehna asked whether the Park Commission had reviewed the proposal and whether community-wide uses are planned for the park, which would determine the need for parking. Mr. Turnblad said the Park Board had reviewed and approved the plan. Mayor Harycki spoke of parking at Pioneer Park, which is primarily on street parking. Mayor Harycki asked if it would be possible to proceed with the improvements and determine the parking configuration after additional public input and Park Board recommendation. Mr. Turnblad pointed out that there is a cost consideration of the possible need to tear up the street twice. There was discussion about the number of cars that can be accommodated by parallel parking versus the proposed nose-in parking along with parallel parking on the north side of Abbott. Councilmember Polehna pointed out that parallel parking does not accommodate handicapped parking, which the nose-in parking area will allow. Councilmember Milbrandt spoke in favor of providing handicapped accessibility. Motion by Councilmember Gag, seconded by Mayor Harycki to stay with parallel parking as preferred by the neighbors. City Attorney Magnuson noted that if changes were made to the park plans, the City would have to meet with the donor, who is doing the improvements with his own funds and under a license granted by the City Council, requesting that the plans be changed. City Attorney Magnuson also pointed out that there is no requirement for public notice for park improvements and parks are held in trust for all residents of the City. Councilmember Polehna said he would vote against the motion based on the accessibility issue, saying the City has an obligation to residents to provide handicapped accessibility to all its parks. Councilmember Gag amended his motion to include providing several nose-in handicapped parking spaces; Mayor Harycki amended his second. Councilmember Nyberg spoke of the need for additional parking due to the higher use that will result from the improvements. Councilmember Gag called the question on the motion to allow parallel parking, along with the provision of two off-street handicapped parking spaces. Motion failed 2-3, with Councilmember Gag and Mayor Harycki voting in favor, Councilmembers Milbrandt, Nyberg and Polehna voting against. Motion Councilmember Polehna, seconded by Councilmember Nyberg to approve the parking plan as submitted, with two handicapped parking spaces provided rather than Page 5 of 14 one space. Motion passed 3-2, with Councilmembers Milbrandt, Nyberg and Polehna voting in favor, Councilmember Gag and Mayor Harycki voting no. Mayor Harycki asked Public Works Director Sanders to look into the possible relocation of a streetlight near Teddy Bear Park, which is blocking the sidewalk. Mr. Sanders asked that possible approval of three garbage receptacles be added to the Consent Agenda item related to the purchase of park benches for Prairie Park. Councilmember Milbrandt clarified that there was funding for the purchase in the 2006 budget. Mayor Harycki asked Mr. Sanders to look at options for trash receptacles in the downtown area. City Attorney Magnuson stated there had been some question as to whether proper procedure had been followed regarding the Eagle Ridge trail project. From a legal point of view, he pointed out that the notice stated only the Council would consider construction of a pedestrian path and the notice itself did not mislead anyone. City Attorney Magnuson also stated that his office had received a complaint that Councilmember Milbrandt had a conflict of interest that should have precluded him from voting on the project. Mr. Magnuson said he researched the complaint and found a Supreme Court case involving the Coon Creek Watershed District where the Board of Managers voted on an improvement project where they benefited and spread assessments on their own property. The Supreme Court in that case ruled that action was permissible as that was the only way the project could be accomplished. Using that Supreme Court ruling, Mr. Magnuson advised that Mr. Milbrandt's interest is not clearly separate from the public's interest as there are 195 owners who will bear some assessment for the project and therefore his interest is not sufficiently direct to cause his involvement to be a conflict of interest. Finance Director Harrison said a proposed calendar for the 2008 budget process was included in the packet; she said this item would be brought back to the next Council meeting for a decision on when the budget workshop meetings should be scheduled and when the Council would like to adopt the proposed budget and proposed levy. City Administrator Hansen suggested that if the Council wants additional time to scrutinize the budget, it adopt the earlier dates so an additional date could be scheduled if need be. City Administrator Hansen reminded Councilmembers that the Council retreat was scheduled for this Friday, May 18, 2007. Mayor Harycki pointed out the retreat is a public meeting and open to the public. Possible accepting bids and awarding contract for 2007 Street Improvements This item was moved from New Business on the agenda and considered after the Staff Reports. Mayor Harycki noted that a number of residents had been heard during the Open Forum and a public hearing was held in April. He suggested that perhaps not enough had been done in the area of public outreach and said he stood by his earlier comments regarding slowing the process down, proceeding with the street improvement Page 6 of 14 project and the trail from Myrtle to Green Twig but revisiting the sidewalk issue/design. Mayor Harycki asked Public Works Director Sanders if the sidewalk portion could be pulled from the bid. Mr. Sanders deferred to City Attorney Magnuson who advised that if that was the Council's desire, the sidewalk portion could be eliminated. Councilmember Nyberg asked about the potential additional cost involved; Mr. Sanders said he thought the sidewalk portion was big enough to stand on its own, but there may be some variation in cost. Councilmember Nyberg also asked about the cost involved in taking a portion of the area required for placement of a sidewalk from each side of the road, as suggested by several people who spoke during the Open Forum. Mr. Sanders responded that curb would have to be ripped out and new curb installed, and some storm sewers relocated, as well as redoing some driveways. Councilmember Milbrandt noted that typically installation of sidewalk is the final phase of a project; he wondered whether it might be possible to accept the bid, do the trail from Myrtle to Green Twig, and put together a task force to look at a trail/sidewalk from Green Twig to Neal Avenue. Mayor Harycki asked if it would be possible to accept the bid without committing to the sidewalk. Mr. Sanders said he thought there are provisions in the specifications that the City has the right to delete quantities; he recommended that if the Council accepted Councilmember Milbrandt's suggestion that the completion date be extended. City Attorney Magnuson noted that since the contract has not been awarded, there is a lot of flexibility. Mr. Magnuson suggested that the award of the contract be made contingent upon any changes. Councilmember Milbrandt pointed out that typically assessments are not determined until later in the process and suggested that the assessment/financing issues also be revisited, including the Park Board's position on whether to consider sidewalks for possible trail funds. Mayor Harycki asked about comments regarding lighting and a lighting covenant that may be about to expire. City Attorney Magnuson explained that the covenant goes back to the early 1980s and the original Oak Glen development when the developer proposed that there be no street lighting -lighting throughout the development is provided by a globe style light. The covenants expire at 25 years and are no longer binding unless some action is taken to extend them, Mr. Magnuson noted. Councilmember Milbrandt agreed there should be a plan for future lighting. Mayor Harycki stated he was concerned with moving ahead with the project with so many unknowns, including sidewalk and lighting. Councilmember Gag said he thought a sidewalk is needed for the long-term and would be comfortable with the task force looking at the best location for a sidewalk, rather than making a decision that would potentially eliminate construction of a sidewalk. Councilmember Polehna stated he thought a disservice had been done when sidewalks were not included in the original development. Councilmember Milbrandt stated the intent of his motion establishing a task force was not intended to preclude a sidewalk but to look at design elements. Mayor Harycki again reiterated his concern about proceeding due to unknowns, adding traffic calming measures to sidewalks, lighting, and the width of the road to the list of unknowns. Councilmember Milbrandt noted that traffic-calming measures are included in the narrowing of the first 400+ yards of the street. Councilmember Gag asked Mr. Milbrandt whether he would consider adding lighting and traffic calming measures to the Page 7 of 14 task force agenda; Mr. Milbrandt said he would be comfortable with that as long as there is an understanding that there is a decision on the sidewalk within 60 days. Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007-111, accepting bid and awarding contract for 2007 Street Improvement Project (Project 2007-02), proceed with the path on the east side of Eagle Ridge between Myrtle and Green Twig Way as permitted by the Middle St. Croix Watershed District; form a task force to undertake a study of a pedestrian walkway between Green Twig and Neal with a recommendation brought back to the Council in 60 days for a vote and incorporate ideas for traffic calming and future lighting in the study group's work; and direct the Park Board to revisit the issue of financing the pathway, with the Council to revisit the issue of the City's share of the cost. Ayes: Councilmembers Gag, Milbrandt, Nyberg and Polehna Nays: Mayor Harycki CONSENT AGENDA Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the Consent Agenda. Councilmember Milbrandt asked Sherri Buss, Bonestroo, Inc., to explain the increase in the contract. Ms. Buss stated the increase was due to the pieces added to the overall Comp Plan contract; Councilmember Milbrandt clarified that the increase would result in the City receiving significant traffic analysis for the western portion of the City. Councilmember Nyberg noted that approval should include purchase of the three garbage cans for Prairie Park as discussed during staff reports. Councilmembers Gag and Polehna agreed to amend the motion of approval to include the three garage cans in Item 2. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-108, directing payment of bills Possible approval to purchase park benches -Prairie Park (Settler's Glen) Possible approval to purchase new laser printer - Eng/Com Dev./Inspections Dept. Possible approval to upgrade Police garage service door and locks (available Tuesday) Possible approval of temporary liquor license - St. Mary's Catholic Church -September 9, 2007 Possible approval to purchase Gravely Brush Mower -Public Works Possible approval to purchase storage building -Brown's Creek Resolution 2007-109, approval of contract with Bonestroo, Inc., DBA: DSU/Bonestroo for Comprehensive Planning services Resolution 2007-110, approval of the Farmer's Market Contract for 2007 Page 8 of 14 PUBLIC HEARINGS 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 veterinary clinic on Outlot A, Liberty Village 3r 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 - Continued from May 1, 2007 meeting Community Development Director Turnblad reviewed the request and site. He stated the Heritage Preservation Commission and Planning Commission had both reviewed the plans. The HPC approved the design/architecture of the building, he said. The Planning Commission looked at the proposed use and found the use to be similar to those allowed by aspecial use permit and therefore approved a special use permit. Neither the HPC nor Planning Commission decisions were appealed to the Council, he noted. Since the Planning Commission approved the use permit and the final plat and PUD are in conformance with the preliminary plat and concept PUD, staff recommends approval with 15 conditions, he stated. Mayor Harycki opened the public hearing. Dave Hempel, Contractor Property Development Co., stated the applicant accepts the staff's conditions of approval. Dr. Ginger Garlie introduced herself, provided some of her personal background and described her veterinary services/business. Dr. Garlie stated she felt her business would be an asset to the Liberty development and the community as a whole. Dr. Garlie reviewed her hours of operation and noted that, except for an occasional cat, animals are not kept overnight. Dan O'Brien, architect, reviewed the design of the building, materials and colors. Mr. O'Brien said they had talked with neighbors in Liberty Village and had driven around the area to develop a design that fit with the neighborhood. Skye VanGrasstek, 140 Liberty Parkway, vice president of the master board of Liberty on the Lake and chairperson of the architectural review committee of Pine Hollow, stated he was speaking on behalf of the master board. He stated the architecture of the building is not a concern; the concern is that a veterinary clinic does not belong in the Liberty Village. He questioned the value of a veterinary clinic to the other businesses in the Village, which he noted is not doing very well. He also brought up the issue of potential damage to the park across from the proposed clinic. The real concern, he said, is that if this use is allowed, it might discourage other potential retailers from locating in Liberty Village. He stated the special use permit was issued contrary to a Village ordinance; the ordinance states that medical and dental offices are allowed, and he questioned how a hospital for animals fits within that permitted use. He also noted that this site was supposed to be the location for a restaurant. He concluded by asking that the special use permit be denied. Paula Kroening, 213 Pine Hollow Green, stated the issue is the appropriateness of the proposed use at this location. An animal hospital placed in the anchor location of the Page 9 of 14 commercial Village across from a City park is a misfit, she said. She stated other businesses in the village commercial area are concerned that this use will not generate more business for the area. No other comments were received, and the hearing was closed. Mayor Harycki summarized comments by noting that the concern does not appear to be with the design/architecture of the building, but rather a question as to whether this is an appropriate use. Councilmember Gag noted the request is for a replatting and asked whether there is an existing approved plat that indicates a restaurant at the location in question. Community Development Director Turnblad stated the existing plat has an outlot at this site, and he noted that what guides the usage is the City ordinance for Village Commercial districts. Mr. Turnblad noted that when the preliminary plat and PUD were done, there was discussion about the potential for a restaurant at this location but that was never incorporated into asite-specific requirement. Councilmember Gag stated he recalled hearing several proposals for a restaurant at this site when serving on the Planning Commission and asked what happed to those previous requests. Councilmember Milbrandt recalled that the Council reserved a liquor license for this site, but did not recall any restaurant proposals making it to the Council level. Dave Hempel, CPDC, explained that three different restaurants had expressed interest in the site in question. Mr. Hempel said the most recent proposal, from a White -.Bear Lake restaurant; got as far as Planning Commission approval, but it was determined the proposal was not viable, primarily due to the lack of a lunch crowd. Mr. Hempel stated the developer would like a restaurant but site conditions and the market do not permit it. Councilmember Milbrandt asked City Attorney Magnuson to comment on acceptable uses. Mr. Magnuson stated the intent of the Village Commercial district zoning, developed in negotiations with the City, developer, Planning Commission, and Joint Board, was to provide avillage-type atmosphere that would provide service locations for businesses to serve the residents of the immediate area. Mr. Magnuson noted that since it was not possible to list every potential use, a catchall provision was included in the ordinance language that states other uses determined by the Planning Commission to be of the same general character as those specifically permitted uses and it will not impair the present or potential use of adjacent property may be permitted. Mr. Magnuson listed some of the specifically permitted uses and said from the City's ordinance; the proposed use seems to be compatible. Mayor Harycki questioned whether allowing this use might not hurt the viability of the rest of the commercial area. Councilmember Nyberg suggested any promise of a restaurant came from the developer, not the City, and he noted that the Planning Commission had spoken and determined the use to be compatible with the uses permitted by the City's ordinance. Councilmember Milbrandt referred to another veterinary clinic in the City, which is in closer proximity to residential properties than the location in question, and he noted that an adjacent business in the Village area is welcoming of animals and places a water dish in front of his establishment. Councilmember Milbrandt also spoke to the positive aspects of this use, a highly successful business, one that will generate less cut-through Page 10 of 14 traffic than a restaurant use, and one that it will generate additional business for the Village commercial area. Councilmember Polehna expressed a concern about a veterinary hospital as an anchor for acommercial/retail area and stated as Council representative for the Liberty area he would support the position of the master board of Liberty on the Lake. Councilmember Gag stated that the City would welcome Dr. Garlie's business but the use does not fit in this location. City Attorney Magnuson advised if the Council takes action to deny, there must be findings of fact, and he suggested that the Council take a straw vote to deny and direct staff to prepare findings for adoption at the next meeting. Councilmember Nyberg noted this site has been vacant for a long time and this use will generate more activity for the area. Councilmember Milbrandt suggested the Council needs to be flexible in view of changing economic times, as it was in approving changes to the Millbrook development a short while ago, and he expressed a concern about turning away a growing, viable business. Mayor Harycki asked if the Liberty master board would be opposed to the veterinary clinic at another possible location. Todd Remely, president of the master board, said another location, another than an anchor location, might be considered. Mr. Hempel, CPDC, pointed out the Liberty Retail Association is a separate entity, apart from the Liberty Homeowners Associations. Mr. Hempel stated the developer is proud of Liberty and proud of what it has brought to Stillwater and said it was disappointing to hear comments that this proposed use is not compatible with the location, pointing out that this lot has stood vacant for three years. Mr. Hempel also stated he thought the use was compatible with the City's Village Commercial ordinance. There was discussion about the possible findings of fact to support denial; it was noted the Council would be able to review the findings at the next meeting and decide whether they are adequate to support a denial. A straw vote was taken on Councilmember Polehna's motion to direct staff to prepare findings of fact to deny the use permit. Motion passed 3-2, with Councilmembers Polehna, Gag and Mayor Harycki voting in favor and Councilmembers Milbrandt and Nyberg voting against the motion. UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Possible approval of new Library Board member Motion by Councilmember Milbrandt, seconded by Mayor Harycki to adopt Resolution 2007-112, appointment to Library Board. Page 11 of 14 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Councilmember Milbrandt suggested a topic for future discussion might be extending the Library Board's process of interviewing potential new members to the City's other advisory boards/committees. Councilmember Nyberg spoke of the potential for certain members of a committee controlling appointments. Possible appointment of Councilmember as alternate to St. Croix Middle River Watershed District Councilmember Milbrandt volunteered to serve as the alternate member to the St. Croix Middle River Watershed District. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-113, appointment to St. Croix Middle River WMO. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible installation of stop signs Public Works Director Sanders noted that several years ago the City hired a consultant to complete a citywide stop sign inventory of all intersections. Because of the study, there were a number of recommendations for removal/addition of stop signs. To begin implementing the recommendations, Mr. Sanders said he is recommending the addition of five stop signs -westbound Orleans and Everett Street; westbound Hancock and Everett Street; westbound Hancock and Holcomb Street; northbound Fifth Street at Willard Street; and southbound Sixth Street at Willard Street. Councilmember Milbrandt questioned the proposal for the Hancock/Everett intersection. It was consensus to remove the Hancock/Everett stop sign. Mayor Harycki asked that Mr. Sanders look into the Williams/Maple intersection and come back with a recommendation. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-114, resolution approving the 2007 Traffic Control Sign Changes with the elimination of the sign at the westbound Hancock/Everett intersection. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None COMMUNICATIONS/REQUESTS Mayor Harycki announced that the Council would be holding a planning retreat on Friday, May 18, beginning at 8 a.m. at Teddy Bear Park. He noted that this is an open meeting and has been published as required. Page 12 of 14 COUNCIL REQUEST ITEMS Councilmember Polehna asked that Mr. Sanders look into the possibility of installing a bike rack across from the Liberty House. Mayor Harycki asked Mr. Sanders to work with the Watershed District regarding runoff from the Lily Lake parking lot. Mr. Sanders noted that the City is planning to mill and overlay the parking lot and to meet the Watershed District requirements; the City will have to do some treatment of runoff, including installation of rain gardens, before the water goes into Lily Lake. Mayor Harycki asked Police Chief Gannaway to talk with the Parking Commission about the possibility of free weekday parking in the City lots downtown. Chief Gannaway said he would put that issue on the next Parking Commission meeting agenda. STAFF REPORTS (continued) City Administrator Hansen asked for direction regarding the make up of the Eagle Ridge committee - number of people, whether the City should send out notice asking for volunteers. Mr. Hansen said he would recommend appointing no more than five or six people. Mr. Sanders questioned whether appointments should include people from the sidewalk district or just Eagle Ridge; he also asked whether the committee should be asked to look at lighting for the whole neighborhood or just Eagle Ridge. Councilmember Milbrandt suggested noticing everyone on Eagle Ridge from Green Twig to Neal as a first source. Councilmember Milbrandt also suggested starting with six members, with three on each side of the issue. Councilmember Milbrandt suggested that the lighting issue is a different issue and affects the entire neighborhood all the way to McKusick Lake. Mayor Harycki wondered if representatives of the cul-de-sacs should be included; Councilmember Milbrandt pointed out all the statistics used in the presentation came from residents on Eagle Ridge. City Administrator Hansen recommended that staff try to set up a committee to be as representative as possible, keeping the membership numbers to a tolerable level. Councilmember Milbrandt suggested that perhaps two Councilmembers serve as liaison to the committee. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Mayor Harycki to adjourn the meeting at 10:55 p.m. All in favor. ATTEST: LJi!'~~~... Diane F. Ward, City Clerk Page 13 of 14 Resolution 2007-108, directing payment of bills Resolution 2007-109, approval of contract with Bonestroo, Inc., DBA: DSU/Bonestroo for Comprehensive Planning services Resolution 2007-110, approval of the Farmer's Market Contract for 2007 Resolution 2007-111, accepting bid and awarding contract for 2007 Street Improvement Project (Project 2007-02) Resolution 2007-112, appointment to Library Board Resolution 2007-113, appointment to St. Croix Middle River WMO Resolution 2007-114, resolution approving the 2007 Traffic Control Sign Changes Page 14 of 14