HomeMy WebLinkAbout2008-10-07 CC MIN
THE I.ITHP\.ACE Of MINNt:SOTA
CIT COUNCIL MEETING
October 7, 2008
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
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
STAFF REPORTS
Fire Chief Glaser reminded the Council it was Fire Prevention Week, the week of Oct. 5-
11. He stated the Fire Department would be doing a number of fire prevention activities
throughout the week, with the annual open house on Saturday, Oct. 11.
Mayor Harycki stated he had received verbal indication there will be an opening on the
Water Board and asked City Clerk Ward to prepare to publish an advertisement for that
opening.
Community Development Director Turnblad noted that several Council meetings ago,
there was a question about what the Comprehensive Plan would include regarding the
issues of economic development and alternative energy sources. He stated there is an
entire chapter in the Comprehensive Plan directed to economic development.
Regarding alternative energy sources and by state law, the City must include
information regarding solar panel protection and that requirement is met in the Plan, but
there is nothing in the plan regarding wind turbines; he noted that currently wind
turbines would likely not be allowed due to the 35' height limit in the existing ordinances.
Mayor Harycki suggested perhaps devoting an entire chapter in the Plan to energy and
energy use within the City. Mr. Turnblad said perhaps the Plan could include a general
policy statement regarding energy use in the City.
Public Works Director Sanders provided an update on the new river crossing, saying
staff had met with representatives from-MnDOT. A consultant has been selected for the
preliminary bridge design and right-of-way acquisition has begun. He also said the
City Council Meeting
October 7, 2008
Sierra Club lawsuit is still in the court system but is not stopping MnDOT's work on the
project. He stated MnDOT has indicated that bridge construction will begin no later than
2013. On a question by Mayor Harycki, Mr. Sanders stated as part of the mitigation
plan, $7 million has been set aside for upgrades for the conversion of the historic lift
bridge to a pedestrian bridge after the completion of the new river crossing.
Mr. Sanders told the Council there has been no change in the status of the levee
project. He said the Corps is estimating the cost at $10.2 million, with a 75-25 percent
cost split. He said staff and Corps representatives have been working on cost sharing
for the City's portion of the project. Mayor Harycki questioned the cost estimate. City
Administrator Hansen said City staff has raised some questions about certain costs, but
said it will take additional meetings with the Corps to resolve those issues. Mr. Hansen
also stated it is very difficult to arrange meetings with the Corps.
Mr. Sanders stated postcards had been sent to some residents in the Liberty
development regarding the installation of "no outlet signs,"and that the response was
favorable in favor of the signage, so those signs will be installed in the very near future.
Regarding a previous question regarding power conduit in the median of the Manning
Avenue project, Mr. Sanders stated the design review committee left that decision up to
the City, and at the City's cost.
Mr. Sanders told the Council that the City's long-time representative on the Middle St.
Croix Water Management Organization, Ron Nelson, has indicated he is no longer
interested in serving on that body. Councilmember Milbrandt suggested that the
opening should be filled by an elected official as the Organization is getting to have
more influence on the City's budget; he suggested waiting to name Mr. Nelson's
replacement until after the upcoming election.
City Administrator Hansen explained the owner's representative process for the parking
ramp project and stated he would be letting the Council know as soon as possible which
company is being recommend to serve in that capacity. He said it is expected the
project will be bid in October.
The meeting was recessed at 4:47 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 Ma.yor Harycki
Staff present:
City Administrator Hansen
City Attorney Magnuson
Community Development Director Turnblad
Fire Chief Glaser
Page 2 of 13
City Council Meeting
October 7, 2008
Finance Director Harrison
Police Chief Gannaway
Public Works Director Sanders
Assistant Engineer Kraftson
City Clerk Ward
PLEDGE OF ALLEGIANCE
Fire Department personnel led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Councilmember Gag, seconded by Councilmember Polehna, moved approval of the
minutes of the September 16, 2008, regular meeting minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Proclamation: Fire Prevention Week
Mayor Harycki read a proclamation designating the week of October 5-11,2008, as Fire
Prevention Week in the City of Stillwater. Fire Chief Glaser urged members of the community
to observe Fire Prevention Week year-around. He thanked the members of the Fire
Department for their efforts to protect the citizens of Stillwater, and he encouraged the
community to attend the Open House on October 11.
Proclamation: National Business Women's Week
Mayor Harycki read a proclamation designating the week of Oct. 19-25, 2008, as National
Business Women's Week in the City of Stillwater.
OPEN FORUM
Kate Christopher, DFL-endorsed candidate for Minnesota House in District 52B,
introduced herself to the Council and community.
Greg Renstrom, owner of properties at 1620 and 1622 Linson Circle, spoke of issues he
had with the City. Mayor Harycki noted there is an order directing that all
communications regarding these issues go through the City Attorney. He stated that he
had not received information from the attorney or the City regarding his questions. City
Attorney Magnuson stated that he had sent Mr. Renstrom information but that he would
resend the information again.
CONSENT AGENDA
Resolution 2008-126, directing payment of bills
Page 3 of 13
City Council Meeting
October 7, 2008
Resolution 2008-127, appointment of additional Election Judges for 2008 General
Election
Possible approval for irrigation system for Public Works Ball field
Resolution 2008-128, approving St. Croix Valley Recreation Center rates
Resolution 2008-129, approving storm water drainage easement (Johnson Kellogg
Properties, UFE)
Resolution 2008-130, resolution adopting assessment for special service charges
Possible approval of utility bill adjustments
Motion by Councilmember Milbrandt, seconded by Councilmember Gag to approve the
Consent Agenda.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
PUBLIC HEARINGS
2008 Street Improvement Project
Assistant Engineer Kraftson reviewed the 2008 street improvement project, cost saving
measures, project costs, and the proposed assessments, which are the same as the
preliminary assessments. He noted that two letters had been received and were
included in the agenda packet.
Mayor Harycki opened the public hearing.
Mrs. Lamers, 321 W. Myrtle St. at the corner of Sixth Street, said she had been told that
a portion of the property belongs to the City, but noted that she has been charged for
the Sixth Street portion of the property. Her son said his mother does not believe she
actually owns the property that abuts Sixth Street, the City actually owns the property
between her house on Myrtle Street and Sixth Street. He said in the 1970s elm trees
were removed, which the City tried to charge his mother for removing and it was
determined that the trees were actually on City property. He said his mother does not
believe she should be assessed at all as she has no land abutting Sixth Street. It was
decided to have City Attorney Magnuson review the legal descriptions of the property
further. Finance Director Harrison noted that delaying a decision on whether to include
this or other properties in the final assessment role may be impacted by the Nov. 15
deadline for certifying the assessments to the County.
Mary McNellis, 316 Fourth Street South, provided a written objection on behalf of
herself and her husband, Stephen Gates. She reviewed the three objections included in
the written letter - their property is not located on an improved street; the special
assessment formula is fundamentally unfair; and inability to pay. Assistant Engineer
Kraftson responded to several of the points included in Ms. McNellis' comments/letter.
Page 4 of 13
City Council Meeting
October 7, 2008
Billie Pavek, 210 Oak Street W., speaking on behalf of the condominiums, 210, 220,
230 and 240 Oak Street W., provided photos. She said the issue is that the section of
the street, Oak Street between Fourth and Fifth streets, that was taken out of the project
was in bad shape before but is now is in even worse shape, with huge potholes and
ruts. Trucks have used this as their utility street for the project and have used the
parking lot across the street for equipment storage. She also raised a safety concern in
suggesting that this portion of the street should be one-way traffic. She said her primary
concerns are with the condition of the portion of the street that was removed from the
project and that they have been assessed at one-half of the normal assessment but
have seen no improvements/benefits from the project. Mr. Kraftson said the driveways
for the condos and 316 Fourth St. S. both come out onto a portion of street that was
improved. Mr. Kraftson agreed that there was some deterioration of Oak between
Fourth and Fifth due to construction traffic and said the City could patch the potholes
and repair the street to the condition it was prior to construction. Public Works Director
Sanders said he would look into possible measures to repair the street.
No other comments were received, and the hearing was closed.
There was discussion of the condos and McNellis/Gates' properties. It was decided that
Council should take a closer look at these properties before making a final decision on
whether to include the properties in the assessment role. It was decided to remove
these properties and the 321 W. Myrtle St. from the assessment role at this time.
Motion by Mayor Harycki, seconded by Councilmember Polehna to adopt Resolution
2008-131, resolution adopting assessment for 2008 Street Improvement Project (Project
2008-02, L.1. 379), deleting the 321 Myrtle Street property along with the five properties
on Oak Street.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt
Resolution 2008-132, resolution adopting deferred assessment for 2008 Street
Improvement Project (Project 2008-02, L.1. 379).
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
2008 Sidewalk Improvement Proiect
Assistant Engineer Kraftson reviewed the 2008 sidewalks rehabilitation project, project
costs, and the proposed assessments. He stated one letter was received contesting the
assessment amount for the properties at 404 and 406 Hickory Street. He stated that
staff investigated the issue raised in the letter and the final assessment role was
corrected as a result.
Page 5 of 13
City Council Meeting
October 7, 2008
Mayor Harycki opened the public hearing. No comments were received, and the hearing
was closed.
Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution
2008-133, resolution adopting assessment for 2008 Sidewalk Rehabilitation Project (Project
2008-05, L.1. 380)
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Case No. 08-42. This is the date and time for a public hearinq to consider a reauest from John
Funk, Grassroots District Hockey, for an amendment to the BP-C District zoninq requlations to
allow recreational use located at 2510 Curve Crest Blvd in the BP-C, Business Park
Commercial. Notices were mailed to affected property owners and published in the Stillwater
Gazette on September 26, 2008
Community Development Director Turnblad reviewed the public meeting schedule for
the Lakeview Hospital project, noting that this hearing deals only with the proposed text
amendment, not the details of the hospital's expansion plans. Mr. Turnblad reviewed the
request for a zoning text amendment to allow a longer validity period for a Special Use
Permit or Conditional Use Permit and any related variances for phased projects, those
with master plans. He pointed out that the text amendment would apply to any special
use permit that is associated with a phased master plan, but was prompted by the
hospital plans. He spoke of the difficulty of balancing the concerns of neighbors abutting
the hospital and desire to have as much opportunity for public input into the plans, and
the hospital's need for some assurance of being able to move forward with its long-term
plans for expansion to meet the community needs. Mr. Turnblad spoke of possible
compromise positions - an ordinance amendment that would just give concept approval
to a master plan, which would let the hospital know that the community is interested in
keeping the hospital as a community asset and provide some confidence in investing in
the first steps in the long-range plan; or extending the validity period for the special use
permit for some years beyond two. On a request by Mayor Harycki, Mr. Turnblad
reviewed the Planning Commission's recommendation for Option 2 as listed in the
agenda packet. Councilmember Nyberg asked about the potential for other properties in
the City that might be impacted by the proposed text amendment; Councilmember
Milbrandt enumerated several larger parcels - Heifort and Bruggemann properties, as
well as several parcels off McKusick Road toward Manning Avenue - as potential
properties that might involve master plans. Mr. Turnblad pointed out that typically larger
parcels are developed through the Planned Unit Development process, which has a
totally different set of standards that apply -- once a developer receives preliminary plat
approval, there are vested rights, as long as the developer comes back with a final plat
that is consistent with the conditions of the preliminary plat.
Mayor Harycki opened the public hearing.
Page 6 of 13
City Council Meeting
October 7, 2008
Charles Hooley, 920 S. Greeley St., suggested there are other sites, larger sites, where
the hospital could move to and still remain in the City of Stillwater. He noted he had
lived in his home for 40 years, beginning when Lakeview was a small hospital and
Churchill and Greeley streets carried little traffic. He showed several aerial photos
depicting the changes that have occurred over time. He spoke of the current traffic
levels on Churchill and Greeley streets, noting there are no way the roads can be
expanded. He suggested the proposed 226,400 square foot expansion, rather than
occurring on the hospital's current 10.5 acre site, ought to take place on 20-50-acre site.
He spoke of safety concerns due to the hospital's location adjacent to Washington
Square Park and Lily Lake facilities. He also spoke of the impact on residential property
values if the proposed expansion proceeds. Mr. Hooley asked that the Council require
an environmental impact study to provide solid information for its decision, and asked
that the Council table any action until such a study has been completed. He also
provided a petition of signatures requesting the environmental impact study.
Karen Hulstrand, 1204 Everett St. S., spoke to the process and special use permit
proposal before the Council. She said even though the neighborhood "lost" in the
hospital's parking lot expansion, there was benefit to the process due to neighbors
being able to talk with the hospital and get improvements such as added landscaping
and revisions to exit plans. She thought there was a lot of benefit in having a process
where the hospital was required to meet with neighbors, and having some "teeth" in the
process of requiring neighborhood input. She said she felt it was important to have the
time limit of two years to see what phase 1 looks like and provide neighbors input in
looking at phase 2. She encouraged the Council not to approve the long-term special
use permit and enable the neighbors to have some say in what goes on.
Jeff Robertson, CEO of Lakeview Health, representing Lakeview Hospital, 927
Churchill, asked that the City Council look favorably on the proposed amendment. He
said the amendment provides the hospital with some flexibility in long-term planning. He
stated that this is not multiple projects; it is one project that will take five or more years
to complete for Phases 1 and 2 which would be very specific plans that will have the
opportunity for public hearings, neighborhood and City Council input, and hopefully
receive final approval. He said the hospital is not asking for conceptual approval of
plans that the neighborhood will not have involvement or participation in. He said
conceptual approval only for phase 1 would put the hospital in the position of building a
basement not knowing it would get approval to build the structure itself and would make
it difficult to plan not knowing there is a commitment the hospital could move forward
with the second step. He said the proposed amendment also benefits both neighbors
and the City in that the hospital would present a comprehensive master plan for the site
that encompasses four phases; the first two phases are very ,specific but will take longer
than two years to complete. He said very specific plans will be presented for the first two
phases. He said Lakeview wants to make a long-term commitment to the community;
the hospital is asking the City to acknowledge its commitment to that growth as well. He
said the only way to achieve that is for the City to recognize that these plans are not
piecemeal, not two-years at a time, but may take 5-7 years to complete.
Page 7 of 13
City Council Meeting
October 7, 2008
Mayor Harycki asked Mr. Robertson if the Planning Commission's recommendation,
Option 2 as listed in the staff report, would be acceptable to the hospital. Mr. Turnblad
explained Option 2 - conceptual approval for phased/master plans, with each phase to
require a public hearing. Mr. Robertson noted that, as proposed in Option 2, concept
approval does not give any guarantee that plans presented two years or five years from
now will be approved by the City Council, and said that would not be acceptable to the
hospital. Councilmember Gag asked Mr. Robertson how many projects had been
denied in his workings with the City; Mr. Robertson responded that none had been
denied. Mr. Robertson pointed out that previous projects have been specific projects,
while this project is not a one-time project that can be completed in a two-year
timeframe; approving only phase 1 does not help the hospital in regards to the total
project. Mayor Harycki asked if the hospital would be willing to combine Phases 1 and
2 and allow public comment on those two as a whole; Mr. Robertson responded in the
affirmative. Councilmember Nyberg asked if the hospital would be alright at that point if
it wasn't assured of approval of Phases 3 and 4; Mr. Robertson responded that Phases
3 and 4 are conceptual plans only at this time and conceptual approval is all that is
being sought from the City, with the understanding that those plans would require final
approval and public hearings should those plans ultimately be developed.
Councilmember Nyberg asked if it would be possible to go through the process for
Phases 1 and 2 and if approved, issue a permit for 10 years on that specific project; City
Attorney Magnuson pointed out that Option 1, listed in the staff report, allows the
Council to adjust the length of the permit to any lesser or greater term. There was
considerable discussion regarding Option 1 as well as the proposed timeline for
approvals and public hearings. Mr. Robertson said the hospital would not be averse to a
condition that the hospital has ongoing discussions with the neighborhood throughout
the timeframe of the Phases 1 and 2 projects; what the hospital wants to be assured of
is that the project can't be arbitrarily rejected because of a different City Council.
Councilmember Milbrandt spoke of the fundamental change in the public hearing
process in Option 1; Councilmember Gag agreed that plans always improve in going
through the public hearing process. Councilmember Nyberg said that process will still
be followed in the approvals for Phases 1 and 2, with the Council to set a timeline for
completion, and if that timeline is not met, plans will have to come back to the City.
Councilmember Milbrandt pointed out Option 1 would not provide for neighborhood
input after the completion of Phase 1, input regarding the impact of the most recent
addition on the neighborhood and ways to possibly improve Phase 2's impact on the
area. Mr. Robertson addressed the proposed timeline for Phases 1 and 2, and noted
that Phases 1 and 2 involve just one building.
Nancy Hooley, 920 S. Greeley, spoke of the existing traffic conditions and said tripling
the size of the hospital would triple the traffic in addition to the growth in traffic that will
accompany the normal growth of the City. She expressed concern about the safety of
children. She stated she thought it was too large a hospital to put on such a small piece
of property.
Mary Soderholm, 1128 S. Everett St., asked who would monitor the process if the
Council approves a long-range project going out 5 or 7 years and the hospital would not
Page 8 of 13
City Council Meeting
October 7,2008
have to come back to the neighborhood. She noted that healthcare changes very
quickly and 8 or 10 years out there could be a lot of changes that wouldn't have to come
back to the neighborhood. '
Jim Baldrica, 1127 S. Everett St., said with all the changes that can happen, it wouldn't
be right to never get another chance to have input, to break the two-year process so the
hospital can have a guarantee. People in the neighborhood would like a guarantee also.
Art Palmer, 12427 Dellwood Road, spoke of the economic times and suggested that the
eastern portion of the Millbrook development be considered as a location for the
hospital. He also suggested a public-private partnership in relocating the hospital to a
site that would provide a lake view.
No other comments were received, and the hearing was closed.
Councilmember Polehna asked why the hospital doesn't utilize the property it owns near
the Stillwater Medical Group Clinic on Curve Crest/Benson Boulevard, rather than trying
to pigeon-hole everything on the existing small site. Mr. Robertson responded that it
would be almost economic disaster for the hospital to move from its current site, and he
noted that even if the hospital were to move, it would still need the proposed text
amendment because it would need more than two years to build a new hospital.
There was discussion of the Planned Unit Development process and Option 2. City
Attorney Magnuson suggested a development agreement in which the City would
describe what is approved and is very specific in certain requirements such as periodic
review of traffic patterns, etc.; the owner then would be guaranteed that it could build a
second story on a foundation. Councilmember Gag wondered whether a development
agreement specific to the hospital project would negate the need to change the existing
ordinances. City Attorney Magnuson noted that the ordinance(s) would still need to be
changed due to the language which states a permit is void if the work is not completed
in 24 months; there needs to be some flexibility to allow for an agreement that would
provide a longer timeframe. There was a discussion of what is entailed in vested rights.
City Attorney Magnuson provided suggested language: a longer time may be specified
as a condition of project approval when required to implement a staging plan that is
approved by the City and guided by a development agreement. Mr. Magnuson said that
general language would enable the City to reach a development agreement that would
fit each instance (other development projects).
City Attorney Magnuson read the proposed language for Option 1: A longer time may be
specified as a condition of project approval when required to implement a staging plan
that is approved by the City and guided by a development agreement. Councilmember
Milbrandt moved for the first reading of that language. Councilmember Nyberg
seconded the motion. Mr. Magnuson suggested a sample development agreement
could be provided for the second reading so the Council would have an idea of what
sort of elements the Council would like included in terms of protecting the neighborhood
and the hospital. Councilmember Gag suggested waiting one more meeting before
Page 9 of 13
City Council Meeting
October 7, 2008
having the first reading so the sample development agreement is available as
suggested by Mr. Magnuson. Councilmember Nyberg withdrew his second, and
Councilmember Milbrandt withdrew the motion.
Case No. 08-39.This is the date and time for a public hearinq to consider a reauest from the
City of Stillwater for a Zoninq Text Amendment to Section 31-204, Subd. 6(a)(1) of the Zoninq
Code to allow a Special Use Permit or a Conditional Use Permit to have a lonqer validitv
period than two years for phased projects and any variances related thereto. Notice was
published in the Stillwater Gazette on September 26. 2008.
Community Development Director Turnblad stated there is a proposal to open a hockey
training facility in the former St. Croix Bike and Skate store. The property is zoned BP-
C, and the use is not allowed in that zoning district; in all the other commercial districts,
however, it would be a permitted use, Mr. Turnblad noted. The request is a zoning text
amendment that would allow the use in this commercial district by special use permit.
He said both the Planning Commission and staff recommend approval of the requested
amendment.
Mayor Harycki opened the public hearing.
John Funk, 223 S. Main St., expressed his enthusiasm for opening the training facility
and thanked the Council and staff for their cooperation. Mr. Funk also stated he had a
letter from the neighboring business owner regarding noise abatement; he submitted
the letter for the record. No other comments were received, and the hearing was closed.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the
first reading of an ordinance amending the Stillwater City Code, Chapter 31, entitled Zoning
Ordinance by adding "amusement & recreational establishments" in the BP-C, Business Park-
Commercial Zoning District as a specially permitted use
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
UNFINISHED BUSINESS
Possible approval of second readinq of Ordinance 998. an ordinance amendinq the Stillwater
City Code. Chapter 31, Entitled Zoninq Ordinance bv addinq "Senior Care Livinq Facilitv" in the
Shore Land Manaqement Overlay District as a Speciallv Permitted Use"
Community Development Director Turnblad noted the first reading of the ordinance was
approved with direction from the Council to tweak the language so as to make it clear
the amendment relates to properties on the perimeter of the Shoreland Management
Overlay District. He said the language was changed to say that property that is partially
within, partially lying without is allowed to have this type of use with special use permit.
Page 10 of 13
City Council Meeting
October 7,2008
Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Ordinance
998, an ordinance amending the Stillwater City Code, Chapter 31, Entitled Zoning Ordinance
by adding "Senior Care Living Facility" in the Shore Land Management Overlay District as a
Specially Permitted Use".
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
NEW BUSINESS
Possible authorization to hire Bonestroo to complete a Restricted Waters Discharqe
Assessment (part of the MS4 storm water permit)
Assistant Engineer Kraftson stated this assessment is a requirement for the City's first
MS4 Permit due to the fact that the City discharges directly to the St. Croix River, a
restricted waterway. The requirement was inadvertently overlooked, and the MPCA has
granted the City a six-month extension to complete the assessment. He stated that
Bonestroo has done a number of these assessments for other communities. He said
Bonestroo submitted two proposals, $13,100 to do the work independently or $11,100
with the assistance of City staff; Mr. Kraftson said the staff's recommendation is to go
with the $11,100 proposal, with funding to come from the Storm Water Utility budget.
Motion by Councilmember Polehna, seconded by Councilmember Nyberg to adopt Resolution
2008-134, resolution to enter an agreement with Bonestroo, Inc. to prepare a Restricted
Waters Discharge Assessment.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Possible approval of settlement agreement with Miller Dunwiddie Architecture, Inc.
City Administrator Hansen reviewed the proposed settlement with Miller Dunwiddie
which would conclude a three-year long dispute stemming from the library project. Mr.
Hansen said it is felt the proposal is a just settlement, one that is in the City's favor, and
approval is recommended. City Administrator Hansen noted there is language that
would allow the City to pursue future claims should some future problem(s) develop.
Councilmember Milbrandt suggested that the library staff and the Library Board be
asked to decline to provide any references to potential customers of the architectural
firm in question; Mr. Hansen said that could be done.
Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt Resolution 2008-
135, approval of settlement agreement with Miller Dunwiddie Architecture, Inc., F/K1A Miller
Dunwiddie Associate, Inc.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Page 11 of 13
City Council Meeting
October 7, 2008
COUNCIL REQUEST ITEMS
Mayor Harycki noted that some parking spaces will be lost during construction of the
parking ramp and asked staff to look at making some accommodations for free parking
for residents and businesses in the public/pay lots during the construction period and
possibly permanently during the week. He suggested looking at the possibility of a
resident parking pass during weekdays to encourage residents to come downtown and
frequent local businesses. Mr. Turnblad said staff has been working on an interim
parking plan with the Parking Commission that could be finalized by the end of October.
Mr. Turnblad said he had been talking with businesses in the construction area, as well
as representatives of Rivertown Commons in making. plans for the construction period.
Mr. Turnblad said he would take the Mayor's suggestion about the weekday parking
passes for residents to the Parking Commission.
ADJOURNMENT
Councilmember Nyberg, seconded by Councilmember Polehna, ved to adjourn at 10:05
p.m.
z:u, daJ/0<<-
Diane F. Ward, City Clerk
Resolution 2008-126, directing payment of bills
Resolution 2008-127, appointment of additional Election Judges for 2008 General
Election
Resolution 2008-128, approving St. Croix Valley Recreation. Center rates
Resolution 2008-129, approving storm water drainage easement (Johnson Kellogg
Properties, UFE)
Resolution 2008-130, resolution adopting assessment for special service charges
Resolution 2008-131, resolution adopting assessment for 2008 Street Improvement
Project (Project 2008-02, L.1. 379)
Resolution 2008-132, resolution adopting deferred assessment for 2008 Street
Improvement Project (Project 2008-02, L.1. 379).
Resolution 2008-133, resolution adopting assessment for 2008 Sidewalk Rehabilitation
Project (Project 2008-05, L.1. 380)
Resolution 2008-134, resolution to enter an agreement with Bonestroo, Inc. to prepare
a Restricted Waters Discharge Assessment
Resolution 2008-135, approval of settlement agreement with Miller Dunwiddie
Architecture, Inc., F/KlA Miller Dunwiddie Associate, Inc.
Page 12 of 13
City Council Meeting
October 7, 2008
Ordinance 998, an ordinance amending the Stillwater City Code, Chapter 31, Entitled
Zoning Ordinance by adding "Senior Care Living Facility" in the Shore Land
Management Overlay District as a Specially Permitted Use"
Page 13 of 13