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HomeMy WebLinkAbout2007-08-21 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-19 August 21, 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 PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the recitation of the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Milbrandt to approve the August 7, 2007, regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Human Rights Award = Ellie Samuelson Tony Carr, chair of the Human Rights Commission, and Councilmember Polehna presented the annual Human Rights Award to Ellie Samuelson in recognition of her efforts on behalf of social justice. Citizen Commendation -Joe Peltier Mayor Harycki presented a citizen's commendation from the Police Department to Joe Peltier in recognition of his contributions, which have assisted the Police Department in ensuring public safety during Lumberjack Days. City Council Meeting - 07-19 OPEN FORUM August 21, 2007 Mike Robinson, 801 W. Pine St., spoke of the budget and proposed parking ramp. He said it does not appear the parking ramp meets the budget and suggested the ramp is something the City does not need and cannot afford in these times of budget constraints. He spoke of the need for public restrooms in the downtown area. He commended the Council for their hard work in the budget deliberations. Mayor Harycki pointed out there is a possibility of the City getting some restroom facilities in connection with the upcoming levee project. STAFF REPORTS Fire Chief Glaser updated the Council on the storm events of Aug. 11-14, including two structure fires the morning of Aug. 11. He said the department responded to 46 calls during the three days. In addition to the Fire Department, the Police and Public Works departments provided assistance in responding to calls, he pointed out. Community Development Director Turnblad told the Council that the Comprehensive Plan update process is now in the second phase, establishing goals and policies. He said the intent is to schedule a joint meeting of the Planning Commission and City Council to review the draft of the goals and policies. He said it is felt that the draft document should be ready by early November and asked about possible dates for the joint meeting, Thursday, Nov. 8, or Monday, Nov. 19. It was consensus to schedule the joint meeting for Nov. 8. Public Works Director Sanders reported that the lift bridge would be closed to one lane from 9 a.m. to 2 p.m. on several days the week following the Council meeting. Director of Administration Knauss reported that because of the recent storms, there was a power outage at City Hall that affected video equipment. As a result, the Council meeting was being videotaped for broadcast at 6 p.m. Saturday, August 26. CONSENT AGENDA Motion by Councilmember Polehna, seconded by Councilmember Nyberg to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Resolution 2007-153, directing payment of bills Resolution 2007-154, abating special assessments Possible approval of permit to sell -Lily Lake Ballfield -Dave Hackler Possible approval to purchase equipment for Public Works ballfields Will be placed on a future meeting agenda Page 2 of 12 City Council Meeting - 07-19 August 21, 2007 PUBLIC HEARINGS -Out of respect for others in attendance, please limit your comments to 10 minutes or less. Case No. 07-32. This is the date and time for a public hearing for the final plat approval of Fairway Villas, a development of property at 1902 North William Street into 22 twinhomes (11 buildings with two homes per building) and development agreement. MBM Development, Bob Clark, applicant. Notices were mailed to affected property owners on August 14, 2007 and published in the Stillwater Gazette on June 8, 2007. Continued from August 7, 2007 meeting). _ _ Mayor Harycki recused himself from this case. Vice Mayor Milbrandt assumed control of the meeting. Community Development Director Turnblad reviewed the final plat for Fairway Villas. Mr. Turnblad pointed out the preliminary plat, submitted in April, included 22 units. Subsequent to review and approval by the Brown's Creek Watershed District Board, the two most northwesterly lots were removed altogether and replaced with an outlot, leaving a total of 20 units, 10 buildings, and 3 outlots. Except for the change in the number of buildings, Mr. Turnblad stated the conditions that were approved with the preliminary plat have been met in the final plat, and approval is recommended with the 10 conditions included in the resolution of approval. In addition to approval by Brown's Creek Watershed, it was noted that the Met Council had reviewed and approved the Comprehensive Plan amendment for this development. Vice Mayor Milbrandt opened the public hearing. Brian Larson, 2008 Hazel Court, asked about lighting and whether there would be streetlights in the center turnaround and at the entrance from Hazel. He stated he would prefer there not be street lights; if street lights must be installed, he said he would like to see the lighting limited to the light by Hazel Court itself and also that the lighting be limited to pedestrian scale. He also asked whether on-street parking would be permitted and that he would not like to see on-street parking spill out onto Hazel. He suggested that with the two lots opening up in the northwest portion of the site perhaps that area could be used for off-street, nose-in parking if necessary. Mr. Larson also said he would like it specified iii the development agreement that the architecture be that as shown in the plans of Dec. 15, 2007. Mr. Turnblad responded to Mr. Carson's questions. Mr.Turnblad stated the lighting plan, which does include two streetlights in the cul-de-sac and one at the entrance, was developed to meet the City's minimum lighting requirements. However, he noted the plan could be amended. Regarding on-street parking, he said it would be possible to configure the final civil engineering plans so there is enough street width to allow for on- street parking on one side of the street, and he said it would be possible to put nose-in parking on outlot C if necessary. Mr. Turnblad pointed out that this is not a PUD; the City is lacking some of the controls it would have over architecture. Attorney Magnuson noted the language in the development agreement promises the developer will build out the project according to the plans they submitted, implying the project will follow the general design pattern that was proposed and looked at by the City. Mr. Magnuson also pointed out that requiring a parking lot is not something the zoning district or zoning Page 3 of 12 City Council Meeting - 07-19 August 21, 2007 ordinance requires. Mr. Magnuson suggested that if the developer agrees, the City could try to come up with some language that is more specific about the design. From a legal standpoint, Mr. Magnuson noted that all the City can require is that buildings conform to the standards of the zoning district. Brian Larson stated his concern regarding on-street parking is due to the potential impact on the adjacent neighborhood if there is a problem with the provision of on-street parking within the development; if parking can be accommodated within the development, he said there would be no issue. From a design standpoint, Mr. Larson suggested it would be a matter of asking that the buildings be substantially similar to what has been repeatedly shown in plans. Mary Harycki, 2004 Hazel Court, agreed with Mr. Carson's comments regarding lighting, asking that street lighting be kept to a minimum. Ms. Harycki also asked that there be some specific language regarding architecture and design. Ms. Harycki also raised a concern/issue about the safety of retaining walls. Ken Harycki, 2004 Hazel Court, stated that in conjunction with the North Hill project, a resident survey was conducted as to what folks wanted the neighborhood to look like. He said the overwhelming response to a question regarding street lighting was that people did not want streetlights. He spoke in favor of eliminating or minimizing the streetlights. He echoed comments regarding designs and plans that were previously shown in the preliminary drawings. No other comments were received, and the hearing was closed. Councilmember Polehna asked if the streetlights are a requirement. Public Works Director Sanders responded that it is a standard and policy to require developers to install their own streetlights so the City does not have to pay for them or assess for the lights in the future. Vice Mayor Milbrandt asked about trail dedication. Mr. Turnblad responded that the trail plan refers to a connection between the Hazel Street area and Brown's Creek Valley (Zephyr tracks) trail. He said there likely would be a blanket easement over the new outlbt (lots 9 and 10) for future trail purposes, preserving that potential future connection to the Zephyr trail. Councilmember Gag asked if it was the Council's prerogative to eliminate the provision of streetlight's from the conditions of approval. City Attorney Magnuson suggested that the development agreement requires the submission of a lighting plan approved by the City Engineer, and the Council could direct the City Engineer to approve a plan with minimal street lighting. Bob Clark of the development company stated they would be agreeable to the wishes to eliminate or minimize street lighting. He also noted that the provision of an easement for a future trail connection had already been agreed to, but asked that the easement be in an area that would not affect the usability of the outlot for future common use by the residents of the development. City Attorney Magnuson suggested that in addition to retaining drainage and utility easements, the City retain a trail easement over the entire Page 4 of 12 City Council Meeting - 07-19 August 21, 2007 lot, with the agreement, the City will eventually release portions not needed to accommodate the trail. Mr. Clark also pointed out that the provision of off-street parking could be accommodated without having to go back to the Brown's Creek Watershed District. Regarding architecture, Mr. Clark stated they have a strong history of architectural review in their developments. He said with the exception of some modifications such as required by the lay of the land, the buildings should be substantially similar to what was shown in concept plans, and he said they would be comfortable with adding such language to the development agreement -that the buildings will be substantially similar to what was submitted and reviewed in the past. Councilmember Nyberg asked whether it would be better to accommodate on-street parking by widening the street or providing the parking at outlot C. Community Development Director Turnblad noted in either option, there will be on-street parking in several areas. It was noted that the development does meet the minimum parking requirements on the individual building pads. Councilmember Polehna pointed out that a parking area in the Outlot could serve as trailhead parking as well. Councilmember Nyberg asked if there were any requirements that would address the comment/concern regarding the retaining wall height. Community Development Director Turnblad stated while there are general engineering standards, there are no code requirements regarding retaining wall height and the provision for a safety railing. Attorney Magnuson pointed out there is a requirement in the building code that any wall over 48" high must be designed by an engineer. Councilmember Gag noted there is a list of 11 points raised by the engineering department and asked if those points had been addressed. Community Development Director Turnblad those points are addressed in the condition of approval that states that before the developer is given a construction conference, the engineering department must approve the project's civil engineering plans. Vice Mayor Milbrandt summed up the points of discussion and agreement that the developer shall submit and engineering department approve'a minimalist lighting plan. One that will include landscape type lighting at the entrance of the development; that an off-street parking plan be developed by City staff and the developers' engineers at outlot C; and thaf there' be language added to the development agreement that the building design will be substantially the same as submitted previously. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2007-155, a resolution approving the final plat and development agreement for Fairway Villas, with all listed conditions of approval, as well as minimal lighting, evaluating nose-in parking at the outlot (lots 9 and 10) by City staff, and language reflecting that the building design will be similar to that submitted in the preliminary platting in favor of placing some kind of plantings by the retaining walls for safety reasons. Councilmember Gag agreed to include such language in the resolution. Vice Mayor Milbrandt pointed out there are a number of high retaining walls in the City, and the City has not required those property owners to provide shrubs/plantings. Councilmember Gag suggested leaving the requirement for plantings or other safety measures to the discretion of the engineering department. Councilmember Gag stated he would amend the resolution to indicate that safety be added to the 11 items of the engineering review that must be addressed in the final project civil engineering plans; Councilmember Polehna Page 5 of 12 City Council Meeting - 07-19 August 21, 2007 seconded the amended motion. Vice Mayor Milbrandt suggested adding language to the engineering review issue No. 3 that retaining walls over 4' high be engineered and reviewed for safety issues. Councilmembers Gag and Polehna agreed to Vice Mayor Milbrandt's suggested language. Ayes: Councilmembers Gag, Milbrandt, Nyberg and Polehna Nays: None Mayor Harycki returned to the dais and assumed control of the meeting. UNFINISHED BUSINESS Discussion on Fairway Villas Hook-up Fees (continued from July 17, 2007 meeting) Public Works Director Sanders noted that when the North Hill project was completed, a hookup charge was set at $25,000, a fee that has been adjusted annually. He pointed out when the charge was established, the City was looking at vacant parcels, infill lot possibilities, rather than a 22-lot development such as Fairway Villas. Using the standard hookup charge, the fee would be over $599,000 (for 22 lots). Mr. Sanders reviewed three options for the Council's consideration. Using a unit option based on the total North Hill project cost, the fee would be $436,000. Using the assessed cost of the project for sewer and water main, the fee would be $9,073 per unit or $172,000 for 19 units. Mr. Sanders pointed out that there is an existing house in the project area that has already been assessed for sewer and water, thus resulting in 19 units to determine the fee in this option. Using an area option, total sewer and water cost divided by the project acreage, would result in a fee of $26,251 per acre or a total of $177,456 for 6.76 acres. By comparison, Mr. Sanders noted that the fee for the Legends and Liberty developments was $10,682 per acre and the fee for the Millbrook development $5,427 per unit. City Attorney Magnuson pointed out that the North Hill project included assessments for street and gutter; which in this case the developer will be providing, so the trunk availability benefit is what actually benefits this project. Mayor Harycki pointed out the actual North Hill cost was not $9,000 per unit, but $18,000 because of the City's 50 percent contribution. Mayor Harycki said the fee should look at the true cost of bringing in sanitary sewer and water to the North Hill, versus looking at other developments. Councilmember Polehna pointed out that the Fairway Villas developers are installing their own sanitary, water, streets, in addition to the hookup fee. Councilmember Polehna said he thought Option 3, using the assessment rate, $9,073 per unit, seemed to be the fairest and most comparable to what everyone else in the North Hill project area paid. Mayor Harycki reiterated that fee is a 50 percent cost, not the 100 percent cost, due to the City's contribution. Councilmember Milbrandt noted the per unit assessment rate is what everyone else in the North Hill project area paid, all the residents of Stillwater contributed to the City's 50 percent contribution. Page 6 of 12 City Council Meeting - 07-19 August 21, 2007 Mayor Harycki spoke of the difficult budget times and said he did not want to be seen as subsidizing a developer at the expense of City employees. Councilmember Nyberg spoke of the fees generated by development and the potential loss of revenue should this development not proceed. City Attorney Magnuson pointed out the assessments and hookup charges are pledged to a debt service fund and would have to be held in a debt service fund and applied to the debt service bonds -the money couldn't be taken from the debt service fund and applied to the general fund unless there was an over levy remaining after the bonds were sold. Councilmember Gag said he thought the issue was one of fairness and said he thought a fee of $180,000 was a reasonable amount. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-156, a resolution adopting Fairway Villas hookup fees, which is $9,073 per unit. Ayes: Councilmembers Gag, Milbrandt, Nyberg and Polehna Nays: Mayor Harycki Possible first reading of Ordinance No. 989, an ordinance establishing minimum standards for construction and reconstruction of driveways Public Works Director Sanders said subsequent to the first discussion of this matter, he had talked to other cities and contractors to obtain additional input. He said he found there is a variety in standards for concrete driveways, ranging from 4" to 7". He stated that contractors recommend a thicker concrete section; 5 or 6" is generally what they use. In the past, the City did use 6" of concrete as the design for putting in driveways when the City did reconstruction projects, but has switched to 5" as the City's standard. Mr. Sanders said he would recommend the 5" thickness for concrete, which he said does not add that much to the cost. It was noted this is the standard being used in the Eagle Ridge project area. Councilmember Milbrandt said his concern in the first discussion was that the City was raising the bar too high, but said he thought this (5" for concrete) for a reasonable number and not prohibitive. Mr. Sanders noted language had been added regarding compaction and an additional sub-cut depending on the condition of underlying soils to prevent heaving. Mr. Sanders said a change to item No. 5 in the ordinance language is recommended, changing the notice to contractors from the obligation ofthe Community Development Department to the Public Works Director or Engineering Department; City Attorney Magnuson noted that had been done in the revised language. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the first reading of Ordinance No. 989, an ordinance establishing minimum standards for construction and reconstruction of driveways. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 7 of 12 City Council Meeting - 07-19 NEW BUSINESS August 21, 2007 Discussion and possible approval of resolution adopting new monthly rate schedule for solid waste collection with Waste Management Director of Administration Knauss stated the City is currently in a five-year contract, 2006-2010, with Waste Management for solid waste collection and recycling. The contract includes a re-opener provision if tipping fees increase or decrease by 7.5 percent a ton or more. Ms. Knauss said tipping fees have increased from $34 a ton to _ _ $50 a ton effective July 1, 2007, a 47 percent increase, with another increase scheduled for July 1, 2008. She pointed out that Waste Management must deliver the City's waste to the resource recovery facility and does not have the option of going elsewhere for a lower fee. As a result, Waste Management has requested an increase in collection fees. She stated staff has looked at usage and about a 60 cent per month per household increase is needed. She said there are two options for the increase - an across the board 60 cent increase or an option that weighs more heavily on the larger containers, as a means of encouraging recycling and reducing solid waste. She noted the current contract agreement with Waste Management allows for only one rate increase in any 12-month period, so the proposal is for the new rate to be effective Oct. 1, 2007-Dec. 31, 2008. Mayor Harycki asked about the reason for the increase in tipping fee. Jennifer Klennert of Waste Management explained that the resource recovery facility, once owned by Washington and Ramsey counties, has been sold to a private entity that is now on a schedule to have a fee closer to reflecting the actual cost of processing the waste. Ms Klennert stated that additional increases are likely. Councilmember Polehna asked about the possibility of additional recycling service. Ms. Knauss noted that residents could request a larger, 96-gallon, recycling container. Motion by Councilmember Milbrandt, seconded by Councilmember'Polehna to adopt Resolution 2007-157, establishing a monthly rate schedule for the collection of solid waste and recycling effective October 1, 2007-December 31, 2008, which approved Option 2 for implementing the 60-cent increase. All in favor. Report on OSHA inspection and possible adoption of resolution approving settlement agreement Director of Administration Knauss reported on an OSHA general inspection that took place July 18, 2007. She stated the City Hall, Police and Fire department inspections resulted in no proposed citations. She informed the Council that the Public Works facility inspection resulted in two proposed citations, one for a confined space entry permit form and another for excessive water pressure in an eyewash station. The proposed citations resulted in a fine of $1,400, she stated. She explained that due to credits, the City qualifies for a settlement agreement, which reduces the penalties by 30 percent or a total of $980. She noted that should the City choose to enter the settlement agreement, it waives the right to contest any part of the citation. Mayor Harycki asked if entering the settlement agreement could have a future impact. Attorney Magnuson Page 8 of 12 City Council Meeting - 07-19 August 21, 2007 noted that would only occur if a future violation would be determined to be "willful." Mr. Magnuson said he thought entering the settlement agreement would be beneficial. Ms. Knauss noted that both violations have been corrected. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2007-158, approval of settlement agreement with Minnesota Department of Labor and Industry, Occupational Safety and Health Division. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible acceptance of bids and awarding of contract for 2007 Sidewalk Rehabilitation Project Public Works Director Sanders stated three bids had been received for the sidewalk project, with Curb Masters being the low bid at $42,385.15. He noted the project also includes some City sidewalks. The bid for the assessed portion of the work was $37,000, and he pointed out that $50,000 was budgeted for the sidewalk rehabilitation project. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-159, accepting bid and awarding contract for 2007 Sidewalk Rehabilitation Project (Project 2007-05) Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible award of a contract to the 106 Group for the City's Heirloom Homes Program Community Development Director Turnblad explained that the State Historical Society has awarded the City a $10,000 grant for the first year of implementing a local historic designation program, an heirloom/landmark home program. The Council approved the grant contract in"'June. Subsequent to~approving the grant contract, the City issued requests for proposals to do the consulting work. He noted the heart of the work in the first year of the program would be to create a support and information system, create a database and web presence, and document 70, or about 10 percent, of the City's heirloom hot'nes. Three responses were received to the request for proposals, and the Heritage Preservation Commission has recommended awarding the contract to the 106 Group. Mr. Turnblad explained that the other proposal seriously considered by the HPC was from Don Empson who has done a lot of local work in the past. He stated the HPC felt that what needs to be done in the first year is primarily technology work, which the 106 Group has the most expertise in doing, while research, the second and third phases of the program, is Mr. Empson's forte. Councilmembers Nyberg expressed a concern that 70 percent of the homes will be done in the first year and the 106 proposal includes no time for interviewing homeowners. If the homeowners do not understand the program, Councilmember Nyberg suggested the success of the program might be hindered. Mayor Harycki agreed with the importance of personal contact with the Page 9 of 12 City Council Meeting - 07-19 August 21, 2007 homeowners, and he referred to the difference in rates in the proposals from 106 Group and Mr. Empson. Mr. Turnblad explained that the Heirloom Home program is voluntary and only exterior photos of homes will be displayed on the web site. The information will include historical information, but no personal information. Mr. Turnblad spoke of the importance of establishing a good framework for the program, and said if there is not a whole lot of time for research, that is not the point of the first year. Councilmember Gag, liaison to the HPC, noted that the HPC had a subcommittee that reviewed the proposals, followed _ _ by discussion of the whole HPC in August and a unanimous recommendation to go with the 106 Group. Councilmember Gag pointed out that the next phases of the project will be history and research intensive, where Mr. Empson's vision will be truly needed. Motion by Councilmember Gag, seconded by Councilmember Milbrandt to adopt Resolution 2007-160, approval of agreement for professional services with The 106 Group, Ltd. Ayes: Councilmembers Gag, Polehna and Milbrandt Nays: Councilmember Nyberg and Mayor Harycki Possible appointment to Library Board City Clerk Ward stated the Library Board held interviews to fill the unexpired term of Richard Huelsmann and is recommending the appointment of Jane Dickinson. Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2007-161, appointment to the Library Board, which appointed Jane Dickinson to the Library Board to fill the unexpired term of Richard Huelsmann. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Discussion on Auditing Services Finance Director Harrison stated LarsonAllen has been providing auditing services for a number of years. She stated the most current contract with LarsonAllen is a three-year contract with' option to renew for an additional three years. The first three years of the contract is up, and Ms. Harrison asked for direction on whether to issue RFPs or negotiate a contract extension with LarsonAllen. The suggested Request for Proposals is for afive-year contract, she stated, noting that most auditing firms request contracts of that duration. Mayor Harycki said he was happy with the services received in the past. City Administrator Hansen pointed out that there is no dissatisfaction with the current firm. Motion by Councilmember Polehna, seconded by Councilmember Nyberg directed the Finance Director to negotiate a three and five year contract with LarsonAllen and bring back to Council for review. All in favor. Page 10 of 12 City Council Meeting - 07-19 August 21, 2007 Possible adoption of a resolution amending Resolution No. 2002-127, a resolution awarding the sale of, and providing the form, terms, covenants and directions for the issuance of two taxable tax increment revenue notes (Curve Crest Villa Limited Partnership Project ,Series 2002 City Attorney Magnuson explained the terms of the remarketing agreement and the amendment to the agreement that changes the interest rate provision so that the notes shall bear interest at a rate not to exceed 12 percent per annum and as adjusted from _ _ time to time as provided. City Attorney Magnuson pointed out that it will take slightly longer to retire the notes and return the properties to tax-paying status because the rate is increased. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Resolution 2007-162, a resolution amending Resolution No. 2002-127, a resolution awarding the sale of and providing the form, terms, covenants and directions for the issuance of two taxable Tax Increment Revenue Notes (Curve Crest Villa Limited Partnership Project), Series 2002, in the original aggregate principal amount of $445,000 each. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Councilmember Milbrandt referred to an a-mail regarding a public hearing on the Jackson Wildlife Management Area and questioned whether the DNR would remove the area from the Wildlife Management designation and offer the property for sale to a private entity should no interest be shown by a governmental body. City Administrator Hansen said a representative of the City would be attending the public hearing, but said he did not think the DNR could sell the property to an entity other than a public body. Community Development Director Turnblad said the implication is that if no public entity desires to acquire the property, the DRIR may place the property in a less restrictive classification of properties it owns. City Administrator Hansen stated it is his understanding that Brown's Creek Watershed District is interested in acquiring the property. ADJOURNMENT to Executive Session to discuss Labor Relations~ssues Motion by Councilmember Milbrandt, seconded by Councilmembe Nyberg to adjourn to executive session at 9:14 p.m. All in favor. ATTE T: ~ ~~// Ken,~rycki~7f"ayor ~! / l/~ / Diane F. Ward, City Clerk Page 11 of 12 City Council Meeting - 07-19 August 21, 2007 Resolution 2007-153, directing payment of bills Resolution 2007-154, abating special assessments Resolution 2007-155, a resolution approving the final plat and development agreement for Fairway Villas Resolution 2007-156, a resolution adopting Fairway Villas hookup fees Resolution 2007-157, establishing a monthly rate schedule for the collection of solid waste and recycling effective October 1, 2007-December 31, 2008 Resolution 2007-158, approval of settlement agreement with Minnesota Department of _ _ _ Labor and Industry, Occupational Safety and Health Division Resolution 2007-159, accepting bid and awarding contract for 2007 Sidewalk Rehabilitation Project (Project 2007-05) Resolution 2007-160, approval of agreement for professional services with The 106 Group, Ltd. Resolution 2007-161, appointment to the Library Board Resolution 2007-162, a resolution amending Resolution No. 2002-127, a resolution awarding the sale of and providing the form, terms, covenants and directions for the issuance of two taxable Tax Increment Revenue Notes (Curve Crest Villa Limited Partnership Project), Series 2002, in the original aggregate principal amount of $445,000 each Page 12 of 12