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HomeMy WebLinkAbout2008-05-20 CC MIN . &yater THE IIIITtI'LACE OF M"NEIOTA CITY COUNCil MEETING May 20, 2008 REGULAR 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 Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF AllEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the May 6, 2008, regular and recessed minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Vallev Outreach - Kate Krisik Kate Krisik, Executive Director of Valley Outreach, noted the organization, formerly known as the St. Croix Valley Emergency Food Shelf, is celebrating its 25th anniversary of feeding the Valley's hungry neighbors. Since 1983, she said there has been a steady increase in the number of people served. Three years ago, the food shelf was averaging 180 families per month and 13,000 pounds of food; at this time, the food shelf is averaging 290 families a month and 28,000 pounds of food. She said it is very challenging to keep that much food on the shelves, noting that the two biggest collection times of the year are from the Thanksgiving holiday through New Year's and then during March, which is a statewide campaign. She noted that while this year's campaign was a successful one with 42,000 pounds of food collected, that is not even enough to serve the current number of families for two months. In the summer, people are busy with their families and tend not to think about the food shelf as much, but the need actually increases in the summer because kids aren't getting their lunches at school. She said at City Council Meeting May 20,2008 present, the organization is spending $5,000-$6,000 a month on food purchases, which is up since last December from $2,500. Formerly, the food shelf only had to purchase perishable foods such as milk, margarine, meat, eggs and to fill specific holes in the inventory; non-perishable items were furnished primarily through donations. Now, she said there is a need to purchase everything due to the increased use. She said they are a member of Second Harvest Heartland and they are able to purchase food from that organization for 6 to 10 times less than what it would cost at a regular retail grocery. She stated the local food shelf is one of a minority that is a by-choice organization, which means clients can come in and do their own shopping, rather than receiving a pre-packaged box of food. She stated clients can only visit once a month and receive about a week's worth of food due to the difficulty in serving the number of people who are coming for just that once a month visit; seniors are invited to visit twice a month. Another program run by the local organization is Dawn's Closet, which provides clothing and accessories to men, women and children; that program soon will begin providing household essentials, she said. About 100 families per month are served through the Dawn's Closet program, she said; families can visit as many times per month as they like but are limited in the number of clothing items they can receive for each family member per season. The third program, the Emergency Fund, is operated in partnership with the local United Way and 23 local churches, she said; that program helps people with emergency financial assistance. People are eligible to receive help through the Emergency Fund once ever 12 months. She stated that last year, they were able to only help about one-third of those requesting assistance from the Emergency Fund, and that number has decreased to about one-sixth due to the demand. She stated they are very grateful for the community support they receive, but she said they hope people will continue to keep them in mind, especially as the summer progresses. She asked folks to consider taking advantage of buy-one, get-one-free promotions and donating the extra item to the food shelf. She also reiterated that money is crucial for them. She stated the organization will be at Summer Tuesdays this year collecting food items every week, and permanent donation bins are located throughout town. Two summer events are planned -- a boat show at the Bayport Marina on Aug. 9 and open house at the Albertson Farm. She also noted that volunteers are always needed. Mayor Harycki also asked that the community members consider donating to the food shelf this summer when shopping. Presentation of 2007 Heritaae Preservation Commission awards Howard Lieberman, Chair of the Stillwater Heritage Preservation Commission, and Mayor Harycki presented the annual preservation awards. This year's awards went to Pulp Fashion for signage and building mural; Brent and Christine Peterson, 502 Churchill St. W., for residential preservation, David Johnson and Carroll Davis Johnson, 411 Sixth S., residential preservation, Ronald and Gaye Lundstrum, 907 Willard St. W., residential preservation; and the Washington County Historic Courthouse, a special sesquicentennial award for long-term and continuous preservation. Page 2 of 12 City Council Meeting May 20,2008 Proclamation: National Public Works Week Mayor Harycki read a proclamation designating the week of May 18 through May 24, 2008, as National Public Works Week and presented the proclamation to Public Works Director Sanders. OPEN FORUM Tim Passvan, 314 Fourth St., referred to the last Council meeting when his neighborhood expressed opposition to the blanket noise variance for the Stillwater Public Library. He said he was appreciative that the blanket variance was rescinded, but questioned a statement made at the last meeting regarding information that people were given. He also asked whether an individual could still come before the Council and request a noise variance for an event such as a wedding and whether the neighborhood would be notified of such a request. Councilmember Milbrandt said his statement at the last meeting regarding information pertained to the directive to the library to seek revenue sources to offset operating costs; he stated that information was communicated in numerous public hearings and numerous public videos. Mayor Harycki said every group would have a right to ask for a variance and said he was sure that if something comes up on an agenda, city staff would work hard to get the word out to the neighborhood. STAFF REPORTS City Clerk Ward provided the Council with some information regarding a successful hazardous waste collection that took place on Saturday, May 17. She stated that 545 cars dropped items off, with a large number of electronic items collected, in addition to hazardous waste items. She also thanked Dave Fleischhacker and Dave Adams of Public Works for their assistance at the event. CONSENT AGENDA Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the Consent Agenda, removing Item NO.1 0, Department of Transportation maintenance agreement, for future consideration and Item No.2, purchase of trash receptacles is removed for discussion. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki. Nays: None Regarding item No.2, request to purchase trash receptacles along McKusick Lake trail, Councilmember Polehna said he thought the cost of the receptacles was rather extravagant given the location along a bike trail, and said he thought there are other, less expensive, containers that will serve the purpose. Mayor Harycki said a civic organization has approached him regarding possible funding for the receptacles in the Page 3 of 12 City Council Meeting May 20,2008 near future. City Administrator Hansen agreed with the concern about cost, but noted for the viewing public that the receptacle in question is not a regular garbage can, it's a wrought iron receptacle that is mounted into a cement pad to prevent vandalism, and he noted this is the standard container the City uses in more visible areas. Councilmember Nyberg asked that staff be directed to look at less expensive options as the containers are needed on the trail. Regarding item NO.1 0, Councilmember Milbrandt said he would like the agreement tabled for a future meeting and discussion as a separate agenda item. He said he would like more information regarding the City's obligations. Resolution 2008-64, directing payment of bills Possible approval of Temporary On-Sale Liquor License - St. Mary's Church- September 7, 2008 Possible approval of Fireworks Permit - Twin Cities Stores, Inc. - Oasis Market - 1750 S. Greeley Street Possible approval of Capital Release - Library Possible approval of quotation for installation of additional microphones for Council Chambers staff table Resolution 2008-65, approving Minnesota premises permit for lawful gambling for Stillwater Elks #179., located at Mad Capper, 224 Main Street S., Stillwater, MN Resolution 2008-66, approving Minnesota premises permit for lawful gambling for Stillwater Elks #179., located at 1905 Greeley Street S., Stillwater, MN Resolution 2008-67, approving Minnesota Historical Society Certified Government Grant Agreement Resolution 2008-68, approving operating agreement for SCVB operation Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki. Nays: None PUBLIC HEARINGS This is the date and time for a public hearinQ to consider the issuance of a new On-sale and Sunday liquor License to Savories. Inc.. DBA: Savories Bistro. Applicant: Jeffrey & Kristin Klemetsrud. Notice of hearing was published in the Stillwater Gazette on May 9.2008. City Clerk Ward noted that approval should be contingent on police, fire, finance, and building department approvals and Minnesota Liquor Control approval. Mayor Harycki opened the public hearing. No comments were heard, and the hearing was closed. Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt Resolution 2008-69, approving an On-Sale and Sunday Liquor License for Savories, Inc., DBA: Savories Bistro. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 4 of 12 City Council Meeting May 20, 2008 Case No. 08-15. This is the date and time for a public hearino to consider a request from City of Stillwater for the construction of a three-level parkina structure with 302 parkina stalls with two stair towers. two elevators. public restrooms which will include a bridoe from the upper level that will provide additional parkina. vehicular and pedestrian access to No 3rd St located at 200 N 2nd Street in the CBD. Central Business District. Overview - Community Development Director Turnblad Mr. Turnblad reviewed the site and the three different property owners involved - the City, the Lowell Inn and Trinity Lutheran Church. He gave a slide presentation which highlighted the fagade of the parking ramp structure; elevation drawings; ramp layout; park plans, including revised access to the existing park area and a new green space along Second Street; and view from the most impacted private property owner's house. Mr. Turnblad spoke of a recent 12' shift in the building to accommodate the Lowell Inn's plans to add a banquet facility. Mr. Turnblad enumerated various options for cost reductions. He also highlighted operation and maintenance costs. Projected maintenance costs amount to $60-$75 per space per year; operational costs, assuming it will be fully automated, would be $200-$250 per space, per year, with utilities and supply costs projected at between $330 and $400 per space, per year. Projected costs indicated a need to generate $113,000 per year to offset the ongoing costs. Denny Wallace, LSA Design, spoke to the source of the cost projections and the reliability of those figures, saying they are good and conservative numbers for a facility of this type. Mr. Turnblad also reviewed anticipated revenue expected to be generated by parking fees. Using an occupancy rate of 70 percent for half the year and $5 per spot, per day, fees are projected to generate $180,000 annually, using an occupancy rate of 45 percent for half the year, fees still amount to about $116,000, he stated, enough to cover costs and generate some profit. Mr. Turnblad reviewed possible deducts should bids come in higher than the $5.3 million that will be generated by the TIF district; the 10 deduct alternatives range from reducing the fagade finish on the non-Second Street elevations to eliminating completion of the park area to eliminating about 14 spaces on the Third Street level. During discussion, Mr. Turnblad stated that the HPC, Park Board are Rivertown Commons are not yet aware of the potential deducts; Mr. Turnblad said he would keep those parties apprised of the impact should any of the deducts become necessary. Eliminating all the deducts, the project estimate is still about $320,000 over budget, Mr. Turnblad stated, so in the next several weeks planners will have to figure out if there is any other way to pay for the costs or come up with other possible deducts. Development Agreement- City Attorney Maonuson City Attorney Magnuson reviewed the development agreement with the Lowell Inn and Trinity Lutheran Church. Mr. Magnuson stated the agreements should be looked at in the context of having willing parties, but the City has to find ways to bind people to future obligations. In the agreements, he stated each party makes certain promises and in return are provided some assurances. He talked to the proposed land exchange and noted that the City must have control of the real estate before the sale of any bonds for Page 5 of 12 City Council Meeting May 20, 2008 the project. He reviewed some of the specifics of the agreement with Trinity Lutheran Church and the Lowell Inn. He noted that accepting the development agreements should be contingent on selling the bonds for the project. Councilmember Nyberg questioned the agreement with the Lowell Inn, noting that there will be a connection to the Inn from the publicly funded ramp. City Attorney Magnuson explained that the connection will be made at the expense of the Lowell Inn, and costs must be borne by the Lowell Inn according to the statutes governing TIF use. Community Development Director Turnblad also noted that no spaces are being lost in accommodating the potential for the addition of a banquet facility at the Inn. Councilmember Nyberg suggested the agreement amounts to allowing the Lowell Inn to own 1,300-square-foot of private commercial space in a publicly-funded structure. City Attorney Magnuson noted that whatever is developed there will generate additional funds for the TIF District and contribute revenue for the ramp. Mayor Harycki asked if any consideration had been given to providing some type of parking arrangement with Rivertown Commons; Mr. Turnblad responded that is something the Council can consider and determine at a later date. Bonds - City Administrator Hansen City Administrator Hansen provided an overview of what he and staff have done on this project since 2002. One of his premises was that the project would only depend on known TIF increment, existing development that is already built and increment that is a sure thing. As other buildings are constructed in the TIF district, the City will be able to capture the additional increment, but that is not considered in the $5.3 million necessary for this ramp project. He stated that his premise was that the capital project be supported by known increment. Regarding bonding, while there have been decreases in property values and tax rates, the current bonding climate is as good as he has ever seen in his career, so the bottom line of the project remains at the $5.3 million. He said he does believe the City can do the project. He spoke to the 5-year rule, which means the "drop dead date" is July 23, at which time the City must have the bonds sold and the funds in receipt. If approved, the bond sale is set for June 17, and typically funds are received within 40 days. He noted that if the City is to proceed with the project, a decision must be made on the bond sale in order to meet the 5-year rule. He also provided information on the "drop dead date" to cancel any approved bond sale - about two weeks time, with some costs involved. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Nyberg expressed his disappointment with the process, the fact the project is still over the $5.3 million budget, and his concern about going to some of the deduct alternatives without going back to the HPC or Park Board. Councilmember Nyberg also expressed concern with the development agreement with the Lowell Inn and accommodating a privately-owned commercial space in a publicly-funding project; he called the agreement a one-user tenant. When asked what alternatives he would be comfortable with regarding the Lowell Inn, Mr. Nyberg stated he would be comfortable Page 6 of 12 City Council Meeting May 20,2008 giving storage space in exchange for the space that is being lost, but not creating space for one privately-owned business. City Administrator Hansen noted that from the very beginning of negotiations with the Lowell Inn, a deal-breaker would be precluding any opportunity for the Lowell Inn's expansion for a banquet facility. Councilmember Nyberg said he would be more comfortable if the access to the Inn from the ramp were eliminated. Other Councilmembers and City Attorney Magnuson noted the cost of constructing any access is to be at the expense of the Lowell Inn. Councilmember Milbrandt stated that he is still excited about the project and believes it represents an opportunity to the citizens. Councilmember Milbrandt suggested the reason behind the project is the riverfront and maximizing access to the City's primary asset. Councilmember Milbrandt did express disappointment with the financials, but he thought the City could cover any shortfall in the range of $500,000. Mayor Harycki felt that the loss of parking spaces due to the levee wall project and the loss of the spaces at Maple Island changed the equation regarding the need for the parking ramp and said he now believes the ramp is essential for future downtown development and potential for the riverfront. Councilmember Gag said he was in favor of the project but still has frustrations in the cost projection of $6.5 million when it has been clearly communicated from the very beginning of the process that the bottom line was to be the $5.3 million; he also expressed concern that the plans presented at this Council meeting are not the plans approved by the Planning Commission or HPC or Parking Commission. Councilmember Gag stated he did not like any part of any of the potential deducts, other than the potential connection to the Lowell Inn, saying the potential deduct alternatives are all elements of what makes the project important. Councilmember Gag did review what he considered the positives of the project, but he found it disconcerting the decision the Council would be making at this time was based on numbers and projections received just a short time before the meeting. Councilmember Milbrandt noted the Council would not be making any decisions on the deducts or what plans would go back to the HPC and Planning at this meeting - the decision is whether to go forward with the ramp and bond for the $5.3 million and then figure out what the Council wants the ramp to look like and where to find the additional funds to make the ramp one the City can be proud of. Councilmember Nyberg agreed that the project is needed but referred to the impact of some of the potential deducts and said the decision is his mind is whether to commit to a $6.5 million project. City Administrator Hansen and Community Development Director Turnblad stated that any deducts will not alter the plans approved by the Planning Commission and HPC. Councilmember Nyberg pointed out that these plans are not the plans approved by the Parks Commission, which recommended that the existing park space to the rear of the ramp be abandoned in favor of developing new space at the northeast corner of the property, an area that will be lost by the 12' shift of the building pad. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-70, resolution providing for the competitive negotiated sale of General Obligation Tax Increment Bonds, Series 2008B. Page 7 of 12 City Council Meeting May 20,2008 Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Councilmember Nyberg moved to deny the development agreements as proposed. Motion died for lack of a second. Motion by Councilmember Gag, seconded by Council member Milbrandt to adopt Resolution 2008-71, Approving Development Contract with Trinity Lutheran Church and 102 Second, LLC. Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: Councilmember Nyberg UNFINISHED BUSINESS Possible approval of second readina of Ordinance No. 995. an ordinance amendino the City Code by includino storm water provision in nuisance reoulations of the City Motion by Councilmember Milbrandt, seconded by Council member Polehna to adopt Ordinance No. 995, an ordinance amending the City Code by including storm water provision in nuisance regulations of the City. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval of second readina of Ordinance No. 996. an ordinance amendino the City Code by chanaino &31-525. entitled "Storm Water Manaoement Practices." Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Ordinance No. 996, an ordinance amending the City Code by changing 931-525, entitled "Storm Water Management Practices." Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Discussion on sandwich boards Community Development Director Turnblad explained that from previous discussions on this issue there are three basic options - create a new ordinance that would allow for and regulate sandwich boards in the downtown area; stay with the current ordinance, which basically prohibits sandwich boards; or create some kind of policy and guidelines that would regulate where sandwich boards could be placed, the design of sandwich boards, etc. and have the policy/regulations administered by the Chamber and downtown merchants themselves. Since the earlier discussions, it has been discovered that MnDOT, by state statute, will not allow the City to create an ordinance that would allow advertising or retail signs in their right-of-ways. Mr. Turnblad said staff still believes it would be appropriate to create a policy regulating the sandwich boards as Page 8 of 12 City Council Meeting May 20,2008 outlined in a memo developed by Planner Pogge, which states that signboards are allowed in the central business district, can be of a certain width (about 2.5' wide), with two sign faces only, and can be placed in a certain area between the curb and sidewalk. He said the Chamber has looked at the policy guidelines and is in agreement with them. Councilmember Nyberg questioned developing a policy in direct conflict with state statute. Councilmember Milbrandt noted that the City has an ordinance on the books that makes the sandwich boards illegal and called for enforcement of the ordinance. Mayor Harycki asked how far the right-of-way extends; Mr. Turnblad said basically the right-of-way goes door-to-door. Councilmember Polehna agreed with the concern about developing a policy in conflict with state statute, speaking to the possibility of liability in the event of an accident. Councilmember Nyberg suggested the City's ordinance is redundant since the state already regulates the signboards and questioned getting involved in the issue when it is under state jurisdiction. City Attorney Magnuson noted that state statute does not prohibit all signage in the right-of-way and suggested the approach could be to refrain from regulating such signage. Councilmember Milbrandt again spoke in favor of enforcing the existing ordinance due to the appearance of the many sandwich boards, while Mayor Harycki spoke of finding ways to encourage local business and working with the Chamber of develop guidelines that might help improve the appearance of the signage. Mayor Harycki suggested having the Chamber develop some guidelines and work with the HPC to find some acceptable middle ground. After additional discussion, Councilmember Milbrandt moved to enforce the existing City ordinance. Councilmember Polehna stated he was not prepared to make a decision at this time. Council member Gag and Mayor Harycki questioned the need for a motion to enforce City ordinances. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to table the issue. All in favor. NEW BUSINESS Discussion of a Select Senior Livina proiect for about 100 units on County Road 12 between Rutherford Elementary School and Grace Baptist Church Mayor Harycki stated this item had been removed from the agenda. Possible approval to advertise for bids for 2008 Seal Coating Public Works Director Sanders reviewed the proposed seal coating project. He stated that depending on how bids come in, the project would be either added to or deleted from. He noted the project includes several downtown parking lots that will be paid for by the Parking Commission, as well as paving the trail along County Road 5 on the east side of the road. He stated $125,000 has been budgeted for this year's project. Page 9 of 12 City Council Meeting May 20,2008 Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2008-72, authorizing advertisement for bids for 2008 Seal Coat Improvement Project (Project 2008-06). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible approval to award work for Gilbert Court Bike Trail Drainaae Improvement Public Works Director Sanders reviewed the improvement project. He said an estimate had been received of $9,000, and the School District has agreed to pay one-third of that cost. He said this is a capital outlay project for trail improvements. He asked for approval to award the bid to Miller Excavating. Councilmember Nyberg noted this had been discussed at the Park Commission due to complaints about kids having to negotiate the water on the way to school. Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution 2008-73, accepting quotes and awarding contract for Gilbert Court Bicycle Trail Drainage Correction Project (Project 2008-03) Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Budaet Update Mayor Harycki noted the City had received an email from Sen. Salzmann indicating the City's Local Government Aid would be about a $293,000 increase over last year. Mayor Harycki brought up the issue of fire inspection fees that were implemented last year and that feedback has been received from a number of businesses, as well as from the Chamber regarding the fee for inspecting booths at the recent art fair. The Mayor stated he was not opposed to doing the safety inspections, but he has heard comments about turning the fire department into a taxing agency. He asked whether the Council wanted to keep the program in the budget as a $50,000 line item. Councilmember Nyberg noted that in the last budget process, staff was directed to find revenue sources, and he questioned changing that direction upon complaint. Councilmember Milbrandt agreed with Councilmember Nyberg and noted the Council spent hours deliberating budget cuts and challenged department heads to find ways of generating revenues; he noted these fees were publicly debated and letters went to business owners in January 2008 and he, too, questioned reversing that direction based on a few phone calls. Councilmember Gag said he was not ready to take fire inspection fees off at this point, but said he might be willing to look at certain aspects of the program, such as fees for certain vendors, during the budget process. Mayor Harycki reiterated that he is not against the safety inspections but said the fees didn't seem to be proportional to the amount of work involved. Councilmember Polehna agreed with Councilmembers Nyberg and Milbrandt but agreed with Councilmember Gag that a $75 fee might be excessive for certain events like Summer Tuesdays or ball tournaments. No action was taken. Page 10 of 12 City Council Meeting May 20, 2008 Mayor Harycki raised the issue of the use of city vehicles and commuting. He said he had asked City Administrator Hansen to pull together information regarding city vehicle use. He said there are two individuals who receive a flat monthly car allowance, and three individuals who have use of a city vehicle, with incidental personal use written into the agreement. He questioned the use of city gas for incidental personal usage and said he did not think it proper for City taxpayers to subsidize personal commutes. He said he would like to see a policy of asking for reimbursement for gas that is for personal use in a city vehicle. Councilmember Nyberg said he understood the Mayor's position but wondered whether because this is part of a contract agreement the Union might expect additional reimbursement for the employee in lieu of the gas. Mayor Harycki said the agreement is that the City provides the car, but past practice has been to provide the gas as well. Mayor Harycki suggested having the City Attorney look at the contacts and provides an opinion as to the City's options. Councilmember Milbrandt said he would be in favor of having the issue researched for possible savings, but talked of the inconsistency of this discussion given the previous discussion about eliminating a revenue-producing fee. Councilmember Polehna called for having City Administrator Hansen look at the issue in the budget process. Mayor Harycki said he didn't think a decision on this policy needed to be tied to any budget cycle and said he thought City Attorney Magnuson should be directed to look at the offers of employment to determine what the City's options are; it was agreed to so direct Mr. Magnuson. COUNCIL REQUEST ITEMS Councilmember Nyberg thanked Public Works Director Sanders and crews for the cleanup at the old dump site. Councilmember Gag thanked the police and fire departments for their work on the bike rodeo. Councilmember Polehna stated he had received many good comments regarding the condition of the Public Works fields. Councilmember Polehna reminded the Council and audience that the Human Rights Commission is taking applications for the annual Human Rights Award. Applications are due by June 1 and can be obtained by calling City Clerk Ward. Councilmember Gag spoke of the horse and buggy parked outside Luna Rosa and trailer in the lot behind Teddy Bear Park. He said last fall the smell from the manure had a significant impact on residents up on the bluff. He said the same issue has arisen this spring, and he requested that this be brought back to the Planning Commission for evaluation of the special use permit and continue to look for alternative locations. Community Development Turnblad stated that in 2004 a special events permit was issued, rather than a special use permit, so the issue wouldn't have to go back to the Planning Commission, but could come to the Council at any time for review. Mr. Turnblad stated the fee for the special event permit has not been paid yet for this year, and this might be a good time to review the special event permit. Page 11 of 12 City Council Meeting May 20, 2008 ADJOURNMENT Councilmember Polehna, seconded by Councilmember Gag, moved to adjourn to executive session at 10 p.m. ATTEST: ~ .4. WMcL Diane F. Ward, City Clerk . Resolution 2008-64, directing payment of bills Resolution 2008-65, approving Minnesota premises permit for lawful gambling for Stillwater Elks #179., located at Mad Capper, 224 Main Street S., Stillwater, MN Resolution 2008-66, approving Minnesota premises permit for lawful gambling for Stillwater Elks #179., located at 1905 Greeley Street S., Stillwater, MN Resolution 2008-67, approving Minnesota Historical Society Certified Government Grant Agreement Resolution 2008-68, approving operating agreement for SCVB operation Resolution 2008-69, approving an On-Sale and Sunday Liquor License for Savories, Inc., DBA: Savories Bistro Resolution 2008-70, resolution providing for the competitive negotiated sale of General Obligation Tax Increment Bonds, Series 2008B Resolution 2008-71, Approving Development Contract with Trinity Lutheran Church and 102 Second, LLC Resolution 2008-72, authorizing advertisement for bids for 2008 Seal Coat Improvement Project (Project 2008-06). Resolution 2008-73, accepting quotes and awarding contract for Gilbert Court Bicycle Trail Drainage Correction Project (Project 2008-03) Ordinance No. 995, an ordinance amending the City Code by including storm water provision in nuisance regulations of the City Ordinance No. 996, an ordinance amending the City Code by changing 931-525, entitled "Storm Water Management Practices." Page 12 of 12