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HomeMy WebLinkAbout2008-02-04 CC MIN i lwater THE IIRTH'LACE Of MINNESOTA CITY OF STILLWATER CITY COUNCIL MEETING NO. 08-03 Monday, February 4, 2007 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Planner Pogge Public Works Director Sanders City Clerk Ward OTHER BUSINESS Library Board - Mary Lou Rice Mary Lou Rice, president of the Stillwater Library Board of Trustees, provided a quarterly update for the Council. She introduced two other board members in attendance, Julia Sandstrom and Ned Gordon. Ms. Rice spoke of the capital campaign and announced that the campaign had raised $5.6 million, with over 700 donors from the community. She said the campaign amounts to over $300 in private funds per capita in Stillwater, compared to the Minneapolis Library campaign, which amounted to $32 per capita for residents of that large city. She paid tribute to the late Dick Huelsmann and the role he played in the success of the capital campaign, as well as the efforts of Mary Ann Sandeen. Ms. Rice commended Library Director Lynne Bertalmio, on behalf of the Library Board and Council, for her leadership and management of the library during the entire construction process, from its inception to the opening of the new facility; Ms. Bertalmio expressed her thanks to the Council for the Council's support. Ms. Rice noted that a Library Foundation has been formed for ongoing fund raising. She highlighted some of the activities from last year, including circulation statistics, visits to the library and community use of the new facility. She briefly reviewed some of the efforts being made to advertise and promote the community use of the facility. She also noted that the Library Board has adopted the Minnesota Library Association 2008 legislative platform, which supports the League of Minnesota Cities' efforts to increase funds for Local Government Aid. City Council Meeting - 08-03 February 4, 2008 Mayor Harycki asked if the capital campaign was officially concluded, if people were still interested in making a donation. Ms. Rice responded donations are still being accepted but that at this point, fundraising is being focused on library operating efforts, and, in some case, potential donors would be steered toward the Library Foundation. Leqislative Update - Ed Cain Mr. Cain was not present. It was agreed to ask Mr. Cain to attend the second meeting in February. Levee Wall Update - Tom Novak Community Development Director Turnblad reviewed phase 3 of the levee project. He noted that in 2004, the Council's locally preferred plan for phase 3 included: protection at the 50-year flood elevation; views of the river not to be blocked by the project improvements; softening elements, such as berming and back sloping, to minimize the impact of the project; and incorporation of a trail in the project. He said it was obvious that what was not wanted was a wall visible from the river or from Main Street, or even a structure that could accommodate emergency paneling-type protection. He said the plans that have been developed based on those preferences include a short levee a couple of feet tall, seating wall, with either a trail on it or some type of flood protection element with it. He reviewed elements from north to south. Mayor Harycki noted that both PD Pappy's and the Dock Case are on the riverside of the levee and wondered what plans are for a 1 OO-year flood. Mr. Turnblad pointed out that PD Pappy's is designed to take the water of a 1 OO-year flood, and the Dock Cafe is designed so the service area and seating areas are above the 1 OO-year flood level. Mayor Harycki asked if any thought had been given to protecting the seating wall from graffiti; Mr. Turnblad noted there are surface treatments than can be used for ease of removal and that is something that can be considered. Councilmember Nyberg asked about the transition between elements, from berming to seating wall; Mr. Turnblad pointed out all transitions are made at streets or places where there are natural breaks for making the transition. Councilmember Milbrandt questioned having the walking path utilize the old railroad bed, a considerable distance from the water; Mr. Turnblad explained the path will serve different functions in different places, bicycles and faster moving traffic would utilize the railroad bed, while there will be sidewalks strictly for pedestrian traffic, which will be closer to the river. Councilmember Milbrandt pointed out that even after Phase III, the City would need to berm in the event of a 1 OO-year flood. Mr. Turnblad noted that staging areas for emergency berming are built into the plan. Mr. Turnblad asked for comments, and whether the Council felt the plans met the intent of the previous discussions. Councilmember Milbrandt said he was surprised that one of the unacceptable guidelines was not to have "invisible" walls, especially at intersections, and said his memory was that option was a popular, although expensive, concept. Mr. Turnblad said he believes that unless going to a 1 OO-year flood protection, the invisible wall-type protection is not an option, it is too expensive for a 50-year protection. Page 2 of 13 City Council Meeting - 08-03 February 4, 2008 Councilmember Gag asked about the process used in determining the locally preferred plan in 2004, whether it involved public hearings, for example. City Administrator Hansen responded that at least 19 public-type meetings took place at that time, and said the thing he remembers most is that the community, loud and clear, did not want to be separated from the river with a wall. Mr. Hansen said what has been discovered is that a hybrid approach has to be used, which is where the seating wall comes in. Mr. Hansen said these concepts were presented to the Council in 2004, and this was the preferred option. Councilmember Gag asked about changes and process in the last several months. Mr. Turnblad explained that as part of the Comprehensive Plan process, the City has to do downtown design as well as general plan design and had to pull together all the elements of the levee project in order to work on park and trail plans for the downtown area. As part of that process, Mr. Turnblad said the City's planning consultant was able to help with the alignment and visualizing of the various elements. One of the things learned, Mr. Turnblad said, was that the State Historical Preservation Office (SHPO), which must approve the plans because federal funding is involved, does not want grading changes done in Lowell Park, which is where the seating area comes in. Councilmember Milbrandt said the primary focus in the 2004 discussions was 100-year flood protection, and this appears to be a happy medium. Mayor Harycki asked about timing of the project. Tom Novak, Corps of Engineers, said they are negotiating with SEH consultants to do an engineering documentation report based on the latest designs and hope to have a contract within the week; he said the engineering documentation report will not be done until April, and then the project goes to plans and specs. Mr. Novak said it appears that a construction contract will not happen until after this fall. He said they will be working on plans and specs this summer for the first phase of construction, as not all funds have been allocated for the entire project. He noted the City received an additional $1.265 million in the last omnibus bill so there are $3 million in federal funds, $200,000 in City funds, not enough to build the complete project. Mr. Novak said the first phase would be designed to maximize the available funds, work such as utility relocation, gate wells, and storm sewer relocations. Mayor Harycki asked about the timeframe, whether the public could expect the project completed by the fall of 2009 or sliding more into 2010. Mr. Novak stated there would be a two-year construction schedule, because there is always high water to deal with and working around events, such as Lumberjack Days. Councilmember Gag asked about process, whether there would be public input forums, public presentations, etc. Mr. Novak explained that there would be one public meeting during the engineering documentation report, which pulls together the design and changes made since 2004. He said developing plans and specs is not a public process, it is a matter of the Corps and SEH working with the City on refining details, obtaining permits, etc., a process that takes 3 or 4 months. Then the first construction contract would be let. Mayor Harycki asked about the amount of shortfall in federal funds; Mr. Novak said it is about $1.5 million. Mayor Harycki asked if there was a risk of losing the existing funds if there is a delay in letting contracts; Mr. Novak stated the funds would not be reprogrammed. Page 3 of 13 City Council Meeting - 08-03 February 4, 2008 Council member Nyberg asked how much work is involved in getting the 50-year protection system to a 1 OO-year flood protection level. Public Works Director Sanders explained that they would have to build a berm, probably behind the wall, probably about 2-3 feet high, the entire length of the City's river frontage with higher berms, maybe 6 feet high at the road crossings. Mayor Harycki asked about the possibility of locating public restrooms on top of the pump houses; Mr. Novak said that concept is not off the table - it's something that will be analyzed; he discussed various options for drainage of groundwater on the inside of the wall, ranging from portable pumps to submersible pumps to permanent pump houses, and the costs involved with the options. Mayor Harycki asked about the options for the area around the Dock Cafe. Mr. Sanders explained that in the past when fighting floods in that area, they have built a berm from the Nelson pump station to the Dock Cafe. The Corps plans show the wall being built behind the Dock Cafe, which would close off access to the business. He said he was pushing toward the old method, just building a temporary berm from the Aiple lift station to the Dock Cafe; he said the particulars have not been worked out. Mr. Sanders noted that the deck at the cafe is above the 1 OO-year flood elevation. 2008 Comprehensive Plan Update - Discussion of refined qoals and policies Community Development Director Turnblad told the Council since the goals and policies were first presented to the Council, subcommittees for both the general plan and downtown plan have been meeting to refine the goals and policies. Councilmembers Gag and Nyberg have been part of the subcommittees, he said. He noted the goals and policies from the 1995 Comprehensive Plan were used as a starting point as the intent of the 2008 plan is to update the original 1995 plan, not to develop a new plan. Goals and policies developed because of visioning sessions and neighborhood meetings were added to those in the 1995 document. Because of the subcommittees' work, about 35 percent of the policies initially presented to the Council have been deleted as well as about 30 percent of the programs, he said. He pointed out that those items eliminated were either work that has already been completed or were policies that were redundant or could be combined with other policies/programs. He stated the subcommittees were only able to eliminate about 10 percent of the goals that were first presented to the Council. He asked for Council comments regarding the comfort level of the refined goals/policies. Councilmember Milbrandt said he thought there were still many redundant goals and many policies that he questioned. Mr. Turnblad suggested that Mr. Milbrandt meet with him to discuss his thoughts. Councilmember Gag said there are elements that, even as a member of the subcommittee, he disagrees with, and asked about the process - when does it get to the point of going through line items. Mr. Turnblad pointed out a Comprehensive Plan is an attempt to embody a general vision of the community as a whole, a task that is nearly impossible to accomplish. He suggested that he meet with Councilmembers two at a time (so there is no quorum), and then he would summarize Page 4 of 13 City Council Meeting - 08-03 February 4, 2008 Councilmembers' comments and share them with the Council as a whole. It was consensus to proceed as suggested by Mr. Turnblad. STAFF REPORTS Public Works Director Sanders reported that an open house to present the draft plan of the central City traffic study completed by Washington County would take place from 4 to 7 p.m. Feb. 27 at City Hall. He said all adjacent property owners would be notified of the meeting, and the public is welcome to attend. The meeting was recessed at 5:40 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag. Milbrandt, Nyberg, Polehna and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and members of the audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Milbrandt to approve the January 8, 2008, regular and recessed minutes and January 15, 2008, regular meeting minutes. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA* Motion by Councilmember Nyberg, seconded by Council member Polehna to approve the Consent Agenda. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 5 of 13 City Council Meeting - 08-03 February 4, 2008 Resolution 2008-10, directing payment of bills Resolution 2008-11, approval of Investment Policy Resolution 2008-12, approval of forestry consultant contract for 2008 Resolution 2008-13, approving retainer for City Attorney for year 2008 Possible approval of Brines Annual Bocce Ball Tournament - February 23,2008 Possible approval to purchase Renewal of Anti-virus software for 2008 Possible approval to purchase computer for Engineering Department Possible approval to purchase 17 doors & hardware for Lily Lake arena PUBLIC HEARINGS Case No. 08-03. This is the date and time for a public hearinq to consider a request from Tim Fohr. representinq US Home Corporation. for a minor Planned Unit Development Amendment and Developers Aqreement Amendment for Settlers Glen 8th Addition and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on January 25. 2008. Community Develo~ment Director Turnblad reviewed the request for an amendment to the Settlers Glen 8t Addition PUD and Developers Agreement related to two lots on Atwood Circle. He noted the final PUD and Developers agreement specified home styles for those lots, due to a concern about the impact on views from the Brown's Creek nature preserve trail. The request is to construct home styles other than specified in the final agreemenUPUD, a "Prairie" style, one-story walkout style on lot 1 and a "Homesteader" style home on lot 3. Mr. Turnblad stated US Homes no longer constructs the one-story model home and is requesting that they be allowed to construct a two- story, "Farmhouse" model. He stated the Planning Commission reviewed the request and noted that people using the Brown's Creek trail already walk along a row of two- story houses, and the majority of the Planning Commission did not feel the requested two-story, rather than one-story, house on lot 1 would be of noticeable impact. Regarding lot 3, Mr. Turnblad stated the model specified, and approved, in the final PUD would not allow construction of a deck without a variance and had a larger footprint on the lot than the model US Homes is now requesting to build; the model being requested in the amendment would allow construction of a deck without a variance. The Planning Commission recommended approval of the requests by majority vote, Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Council member Nyberg said he did not see a problem with the request for lot 3, as the new model appears to be a better fit for the site, but did express a concern about lot 1. Councilmember Milbrandt stated he was the lone dissenting vote on the Planning Commission regarding this request. Council member Milbrandt suggested that the reason for requiring a one-story house on Lot 1 is the home's profile/mass as viewed from the trail coming from the north. Councilmember Milbrandt noted that US Homes Page 6 of 13 City Council Meeting - 08-03 February 4, 2008 convinced the City before that there is no market for single-family homes and, if this is not approved, US Homes argues either the site will end up being a vacant lot or they cannot sell it. Councilmember Gag said he would be inclined to approve the request for both lots, but does not like developers coming back with changes because of market conditions or sales after all the time spent in drafting development agreements and PUDs. Council member Nyberg reiterated his concern with lot 1, but noted that the Planning Commission did approve the request for both lots. Councilmember Milbrandt pointed out the current Planning Commission has been consistent in considering market issues with regard to US Homes request for amendments to the Millbrook development and this amendment. Mayor Harycki noted that a lot of time and thought had been put into pulling down the heighUmass of the home on lot 1. Council member Gag asked if the Planning Commission had considered the lots separately or as a single request; Councilmember Milbrandt responded that the request was presented to the Commission as a package. Councjlmember Polehna said he believes in supporting the Planning Commission as much as possible, but agreed with the concern regarding the sight lines from lot 1 as viewed from the trail/nature preserve. Councilmember Nyberg said he agreed with the concerns but would support the Planning Commission's recommendations. Motion by Council member Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2008-14, approval of a Minor Planned Unit Development Amendment and Developers Agreement Amendment for Settlers Glen 8th Addition (Lot 3). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Motion by Councilmember Nyberg to approve the amendments for Lot 1. Motion died for lack of a second. Motion by Council member Gag, seconded by Council member Milbrandt to deny the requested amendments for Lot 1. Ayes: Council members Gag, Milbrandt, Polehna and Mayor Harycki Nays: Councilmember Nyberg UNFINISHED BUSINESS Possible second readinq of Ordinance No. 991. amendinq Stillwater Code ~51-5 "Snow Emerqencies" City Attorney Magnuson explained that this is somewhat of a housekeeping amendment related to several commercial areas that are located in residentially zoned districts throughout the City. Motion by Councilmember Milbrandt, seconded by Councilmember Gag to adopt Ordinance No. 991, amending Stillwater Code S51-5 "Snow Emergencies". Page 7 of 13 City Council Meeting - 08-03 February 4, 2008 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of aqreement with Mainstream Development relatinq to public restrooms City Attorney Magnuson reviewed the agreement. He noted that when approval was given for vacation of the City's parking easement; direction was given that the developer discusses with the City the possibility of including some public restrooms in the new development. He said it was apparent in the Council's last discussion of this issue that the Council had a different view of the extent to which the public would have access to the restrooms; that the restrooms would be open during some evenings, weekends and celebrations and holidays when the office building would be closed. He said requiring the restrooms to be open even when the office building is closed seemed to be a burdensome and onerous requirement. To manage the requirement in a fair way, he said the idea was to ask the developer to dedicate the unit in the development to the City; the unit for the restrooms would be built so it would be separated from the rest of the office building but accessible from the street, without going through the lobby of the rest of the building. He said there also was discussion of covenants, which would limit the City's expense to the cost associated with heat and electricity that would be paid as a unit owner in the building. Mr. Magnuson said he had met with the owner the day of the meeting and the developer requested that fire protection and security costs be allowed to be passed through as unit expenses. Mr. Magnuson noted the City would make application to have this unit (restrooms) tax-exempt; he noted that the proposed agreement does put the burden of maintenance on the City, but if the City owns the unit, the City can determine when it would be open, at times when it would be least likely to be open if privately owned. Mr. Magnuson said he thought the agreement, while unusual, is a fair one, that gets to essence of providing public restrooms downtown where the facilities are really needed. Mayor Harycki asked about signage regarding the availability of public restrooms; Mr. Magnuson said the agreement would allow the City to have its own signage. Mr. Magnuson said the agreement also provides the right of reverter, so that if the unit were no longer used by the City as a public restroom for a period of six months, the ownership would revert to the developer. Mayor Harycki noted the City is giving up the right to use the Maple Island parking lot after 5 p.m. for City parking in allowing the developer to construct this building on what is quasi-public land and suggested that six months in the right of reverter clause is a short timeframe. Mr. Magnuson said the timeframe is likely something that can be negotiated with the developer; he noted the intent of the clause is that it allows the City to simply abandoned the unit if at some point in the future, maintenance of the unit becomes burdensome to the City. Mayor Harycki asked Police Chief Gannaway if he had any concerns regarding the arrangement; the Chief said he had some concerns and suggested that the facility will take some monitoring. Councilmember Nyberg asked about the cost and time associated with maintenance; Mr. Sanders said the City has the maintenance crews Monday through Friday; the real issue would be on the weekends during the winter. In the summer, Mr. Sanders stated the City has part-timers so Page 8 of 13 City Council Meeting - 08-03 February 4, 2008 maintenance at this location, as well as parks, could be made part of their schedules. Council member Polehna raised an issue with the design of the unit and lack of storage space; Mr. Magnuson said the developer has agreed to provide a locker for equipment storage and drop sink. Councilmember Milbrandt said getting into the issue of bathroom ownership in the downtown would be a "leap of faith" for him at this point; he agreed with the Mayor's point of how much the City is giving up in exchange for the restrooms and said he doesn't feel the City is being equally compensated. Mr. Milbrandt said he was not prepared to approve the agreement at this point; Mayor Harycki agreed and said he would like additional input. Councilmember Milbrandt suggested that perhaps issues related to the public restrooms at Mills on Main ought to be resolved before moving to get more facilities across the street. Council member Gag suggested taking a step back, to get a better understanding of costs and see if it is a good deal for the City. Mayor Harycki suggested perhaps getting away from the ownership issue and looking at other options for maintaining/opening/closing the restrooms. Councilmember Milbrandt suggested that in addition to the technical questions, the City needs to look at whether the arrangement benefits the City considering what it is giving up in terms of the parking easement. It was agreed to table this matter pending additional discussion. NEW BUSINESS Possible approval of bond sale - 2008 Capital Outlay Mayor Harycki stated the City had received some very good news for the taxpayers - the interest rate on the sale of the bonds is 2.83% for eight years. Mr. Bruce Kimmel agreed that the bond sale was a tremendous outcome for the City. He stated that nine bids were accepted, with the winning bid from Wells Fargo at a true interest rate of 2.83%. Mr. Kimmel pointed out the estimated interest rate a month ago was 3.73%. He informed the Council that as part of the bond issue process, Springsted and City staff worked with Moody's Investor Service and Moody's affirmed the City's AA3 rating, citing the City's continued rapid tax rate growth, well managed finances, including an increase in the general fund balance in fiscal 2007 as well as the City's affordable debt burden and future debt burden. Councilmember Milbrandt asked Mr. Kimmel to comment on what cities of comparable size to Stillwater typically have for a bond rating versus AA3; Mr. Kimmel stated most comparable size cities in Minnesota are in the A category; the highest rating is AAA and there are only a handful of cities in Minnesota with that rating. To be in the AA category is really a mark of all the positive things that are happening in Stillwater. Mr. Milbrandt said the rating is also a credit to Finance Director Harrison and City Administrator Hansen. Mr. Kimmel pointed out that with the exception of one issue in 2003; this is the lowest interest rate the City had achieved since 1963. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-15, resolution authorizing the call of outstanding General Obligation Improvement Bonds, Series 2000A and General Obligation Capital Outlay Bonds, Series 2000C. Page 9 of 13 City Council Meeting - 08-03 February 4, 2008 Ayes: Councilmember Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Discussion on the authorization of a wharfaqe permit for River Cities City Administrator Hansen stated he was contacted several weeks ago by David Nelson of River Cities who has a concept for a rather large boat, made up of about 180 condominiums, that would travel all over the inland waters of the U.S. The request is to dock at Stillwater in either '09 or possibly 2010. If the ship were to dock here, they would need a wharfage permit, Mr. Hansen explained. He noted that the City has allowed other excursion boats to dock here, but it is relatively rare. He said he thought that at this time, River Cities is not looking for the Council to approve the permit, but rather to approve the concept. Mayor Harycki noted the request is to dock here for a couple of days, bringing potential tourists to the City's downtown businesses. Mr. Hansen said River Cities has requested that the City provide potable water if possible, and Mr. Hansen said he thought that would be possible. Mr. Hansen said there are some details he is not sure of, such as whether the river at normal depth is deep enough at the wall to accommodate the boat. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna directing staff to provide River Cities with a letter approving the concept of their visit and potential wharfage in downtown Stillwater. All in favor. Possible approval of snow plowinq policy Public Works Director Sanders explained that over the past two years, staff has been formalizing a policy on snow and ice control. He said the policy explains the details of the City's snow and ice control operations. He stated the policy lists when snow plowing is done, the types of equipment and work force and hours utilized. The policy also outlines some responsibilities to homeowners, he stated. City Administrator Hansen pointed out the City has actually been using this policy for a number of years, but the policy has never been formally adopted. Councilmember Milbrandt asked about trails and whether there was still a "best effort" policy for clearing trails, even destination trails; Mr. Sanders responded the stated policy applies to all trails, with the exception of the County Road 5 trail. Councilmember Gag questioned whether the City is equipped to comply with the stated 24-hour timeframe for responding to complaints; Mr. Sanders responded that staff would not be able to meet that timeframe on weekends, unless they were working during a snow event. Police Chief Gannaway noted that the police department generally gets those complaints on weekends. Council member Milbrandt asked about a policy for downtown and removal of snow after an event. Mr. Sanders stated the policy does address snow removal; Mr. Milbrandt said he would like to have a discussion and plan that specifically addresses the historic downtown district. Councilmember Polehna wondered whether the policy should address property owners' responsibilities for snow and ice removal. Mr. Sanders noted that Section 11 of the policy addresses residents' responsibilities but does not specify removal must be done Page 10 of 13 City Council Meeting - 08-03 February 4, 2008 in 24 hours; Councilmember Milbrandt suggested referencing the ordinance that specifies 24 hours. Motion by Councilmember Milbrandt, seconded by Council member Nyberg to adopt Resolution 2008-16, resolution adopting the Snow and Ice Control Policy, with the discussed addition (reference to ordinance) in section 11. Ayes: Council members Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of resolution authorizinq an investment account with BNY Clearinq Services. LLC City Administrator Hansen explained that the Council has already approved this request, but because he has not done business with this particular firm for a number of years, they cancelled the City's account. Mr. Hansen noted that for bond sales, the interest rates are great, but the rates for reinvesting are not good. As a result, he said he is getting much better rates on CDs, and this company has an entire listing of CDs that some of the City's other brokerages don't have. He said the requested resolution is a replacement resolution that includes several changes, including that it authorizes the Finance Director to act on the City Administrator's behalf. He stated this is essentially a housekeeping matter. Motion Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2008-17, approval of resolution authorizing an investment account with BNY Clearing Services, LLC. Ayes" Councilmember Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible discussion/appointment to Downtown Parkinq Commission City Clerk Ward said an application had been received from David Korte to serve on the Parking Commission and asked for direction as to whether the Council wished to interview the applicant or appoint him. It was noted that the Parking Commission currently is lacking five members. Council member Gag volunteered to serve as the Council's designee on the Commission. Councilmember Polehna said he had spoken with Mr. Korte and had encouraged him to apply, noting that Mr. Korte had served on the Manning Avenue design committee. Motion by Council member Polehna, seconded by Councilmember Nyberg to adopt Resolution 2007-18, appointing David Korte to the Downtown Parking Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 11 of 13 City Council Meeting - 08-03 February 4,2008 City Clerk Ward noted that according to ordinance, the Parking Commission is to be composed of one resident and four business/property owners, and she wondered about Mr. Gag's status as a member and whether he would be a voting member of the commission. City Attorney Magnuson noted the ordinance could be modified if the requirements are too restrictive to attract applicants. Chief Gannaway, who chairs the Parking Commission, noted he has tried soliciting members, and he noted that this is an important year with the parking ramp issues. Mayor Harycki suggested working with the Chamber and Downtown Merchants Association in an effort to get membership. Councilmember Nyberg suggested contacting members of the parking ramp committee regarding possible membership. COUNCIL REQUEST ITEMS Councilmember Nyberg noted the Council needed to appoint a Vice Mayor for the year and nominated Councilmember Milbrandt as Vice Mayor for 2008. Mayor Harycki noted that last year the Council had designated an assistant vice mayor with Councilmember Polehna serving in that capacity in 2007. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2008-19, appointing Vice Mayor and Assistant Vice Mayor Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Mayor Harycki asked City Administrator Hansen to check whether the Heritage Preservation Commission had been contacted regarding heading up the City's sesquicentennial celebration, saying he thought that had been the Council's previous direction. Councilmember Polehna stated that on May 11, Sesquicentennial Day, there will be a dedication of the cannon at the Historic Courthouse, an event that will include a celebration in downtown Stillwater, much like what occurred with the dedication of the original cannon back in the early 1900s. Mr. Polehna said he could provide additional information on the plans. Councilmember Polehna also spoke of plans for the 4th of July celebration. ADJOURNMENT Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adjourn at 8:15 p.m. ~ Michael Polehna, Assistant Vice Mayor ATTEST: ~~/U d uM?L- Diane F. Ward, City Clerk Page 12 of 13 City Council Meeting - 08-03 February 4, 2008 Resolution 2008-10, directing payment of bills Resolution 2008-11, approval of Investment Policy Resolution 2008-12, approval of forestry consultant contract for 2008 Resolution 2008-13, approving retainer for City Attorney for year 2008 Resolution 2008-14, approval of a Minor Planned Unit Development Amendment and Developers Agreement Amendment for Settlers Glen 8th Addition (Lot 3) Resolution 2008-15, resolution authorizing the call of outstanding General Obligation Improvement Bonds, Series 2000A and General Obligation Capital Outlay Bonds, Series 2000C. Resolution 2008-16, resolution adopting the Snow and Ice Control Policy Resolution 2008-17, approval of resolution authorizing an investment account with BNY Clearing Services, LLC. Resolution 2007-18, appointing David Korte to the Downtown Parking Commission. Resolution 2008-19, appointing Vice Mayor and Assistant Vice Mayor Ordinance No. 991, amending Stillwater Code S51-5 "Snow Emergencies". Page 13 of 13