HomeMy WebLinkAbout2008-11-18 CC MIN
THE IllT"'LACE OF M'NNEIOTA
CITY COUNCil MEETING
November 18, 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
Finance Director Harrison
Fire Chief Glaser
Police Chief Gannaway
Public Works Director Sanders
City Clerk Ward
Mayor Harycki noted the passing of former Councilmembers Ann Bodlovick and Ed
Simonet.
PLEDGE OF AllEGIANCE
Mayor Harycki led the Council and audience in the Pledge of Allegiance
APPROVAL OF MINUTES
Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the October
28, 2008 regular and recessed meeting minutes and the November 6, 2008 special meeting
minutes. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
2009 Marathon - St. Croix Events
Dave Eckberg, St. Croix Events, updated the Council on plans for the first-ever
marathon. Four races will be held - a 12K, 20-mile, half-marathon and marathon and
the races will be held Sunday, May 24, 2009, beginning at 7 a.m. The start lines for the
four races will be somewhat different but all will be south of the Andiamo office. The
finish line for the 12K and half-marathon will be in Pioneer Park, with the 20-mile and
marathon finishing in Lowell Park. Mr. Eckberg reviewed a map of the proposed
route(s). He said mailings would be done to all residents on the route(s), explaining
plans and giving a contact number for questions/concerns. He also stated staff persons
City Council Meeting
November 18, 2008
would be located on each block in the residential areas of the routes to assist persons
who need to impact the route; he also spoke of plans to have block captains to assist in
the various neighborhoods. He reviewed the times runners would pass through various
locations on the course(s). He spoke to plans for garbage removal; the provision of and
removal of porta-potties; provision of water stops and aid stations and emergency plans.
Mr. Eckberg also addressed plans for parking for participants, likely either at Andersen
corporate or Washington County Government Center and barricading the public parking
lots in downtown Stillwater until after the race start. He reviewed some of the
accompanying events, such as a pasta feed and handing out goodie bags promoting
local businesses, as well as an ecumenical worship service.
Mr. Eckberg also addressed the potential economic impact of the races; Jennifer
Severson, Greater Stillwater Chamber, provided some data about the economic impact.
Ms. Severson reviewed the Chamber's position on the marathon proposal and the
Chamber's five suggestions regarding the proposal. On a question by Mayor Harycki,
Mr. Eckberg said there will be no commercial vendors in the park.
Police Chief Gannaway said he thought the marathon could work with the proposed
route but said there are some issues the Council should be aware of - the proposed
route requires come type of traffic control at 82 intersections, so the potential for delay,
and complaints, exists at any of the intersections; potential disruption of Sunday
morning church traffic; route will have to be marked and posted the day prior to the
race, which could cost up to $500 in personnel cost and cost of additional signage;
regarding personnel, Chief Gannaway said this would be a voluntary assignment for the
Stillwater Department so officers from other jurisdictions would be brought in to
complete the needed 30 or so personnel the event will require. Chief Gannaway also
noted volunteers will need proper equipment and some training; Mr. Eckberg stated he
will be using the same people as he does for Lumberjack Days, people who have had
quite a bit of experience/training.
Mr. Eckberg stated the City will be reimbursed 100 percent by St. Croix Events for any
costs. Chief Gannaway stated a possible towing program brought up by Mayor Harycki
and Mr. Eckberg likely will not work due to liability issues among other issues. Chief
Gannaway also expressed concern about the finishing point at Pioneer Park due to
logistic and traffic control issues; he also spoke to the importance of submitting a safety
plan for approval and spoke of the potential for delayed Fire/EMS response time to
various parts of the City during the event. Fire Chief Glaser said the concern regarding
parking is not just for the route itself, but significant one-side parking may be required
on adjacent streets to provide access for emergency vehicles. Chief Glaser also spoke
of possible staffing issues due to the holiday weekend. Chief Glaser stated he thought
the event was do-able but noted there is a significant amount of work that needs to be
done to be sure things run smoothly.
Mayor Harycki asked about any liability for the City. City Attorney Magnuson responded
that if the City takes great care in developing a budget, assigning out staff and has a
decent plan, the City has discretionary immunity. In addition, Mr. Magnuson suggested
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City Council Meeting
November 18, 2008
the City should purchase a liability insurance policy through the League of Cities to
cover the City to the tort immunity level. Mr. Eckberg suggested the insurance issue is
similar to Lumberjack Days, except it is a different insurance policy.
Mayor Harycki stated that he wanted to be sure the event has a positive impact on
downtown and called for the Chamber and St. Croix Events to work closely together to
ensure that is the case. Councilmember Gag said he was definitely in favor of the
concept, but suggested more detail is needed and things documented. Councilmember
Gag suggested the possibility of a special use fee, such as a fee per runner that can be
used for downtown beautification, and he suggested a similar use fee should be utilized
for other events that make use of Lowell Park and impact downtown. Councilmember
Gag suggested having several Councilmembers appointed to work with the Chamber
and CVB and marathon organizers to come to some type of agreement/solution in the
next several weeks. Councilmember Milbrandt said he saw the proposal as a positive
and that he was somewhat surprised at the concerns of the downtown groups, pointing
out that other than roping off of the public parking lots, there is nothing but positive in
having the start and finish in downtown. Councilmember Milbrandt stated he was more
concerned with having two of the races end at Pioneer Park, in a densely populated
area of town, suggesting a possible finish for those races at Stonebridge School. Mr.
Eckberg spoke of the reasons for the choice of Pioneer Park as the finish for those
races.
Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to give concept
approval and have St. Croix Events work with the Chamber and City Attorney Magnuson on
final details to be brought back to the Council at the December 1 meeting.
Councilmember Gag and Polehna suggested adding working with the CVB, as well as the
Chamber.
Councilmembers Milbrandt and Nyberg agreed to add that as an amendment to the motion.
All in favor.
Motion by Councilmember Polehna, seconded by Councilmember Nyberg to appoint
Councilmember Gag and Mayor Harycki to work with St. Croix Events and the Chamber on the
final details. All in favor.
Councilmember Polehna acknowledged Stillwater resident David Francis, who spoke in
support of the marathon both for the economic impact and the community-building
aspect of races. Mr. Francis explained he sought out Mr. Eckberg to assist in organizing
and managing an event in honor of his son, Jon Francis, a member of the national
championship Pony track team, who died in an accident in 2006; the half-marathon will
be a named event, the Jon Francis Half-Marathon.
Mayor Harycki acknowledged the attendance of several Boy Scouts who were working
on their Citizenship in the Community Merit Badge.
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City Council Meeting
November 18,2008
OPEN FORUM
No public comments.
STAFF REPORTS
City Clerk Ward noted the next Council meeting will be Monday, December 1, with a
4:30 and 7 p.m. session; packets will be delivered Wednesday, Nov. 26, due to the
Thanksgiving holiday. Ms. Ward also thanked the 141 election judges and staff
members Sue Moore, Kathy Rogness, Jennifer Roeller, Mike Pogge, Beth Wolf, Sheila
Wiegand, Rose Holman, Rich Bornt, Dave Fleischhacker, Chad Rogness, Cody
Denucci, Mike Hagen, and Dave Adams for their work in preparation of and during the
2008 Primary and General elections.
Public Works Director Sanders stated the Middle St. Croix Water Management
Organization discussed the storm water credits at their last meeting and approved
allowing the credits for municipalities only. He said the City would be receiving a revised
resolution to sign in the near future; Councilmember Milbrandt noted that all
communities in the Water Management Organization will have to approve of the
measure.
Mayor Harycki asked Mr. Sanders to check on a previous question regarding the
narrowing of Chestnut Street as part of the street improvement project.
Finance Director Harrison told the Council the City has been awarded the Certificate of
Achievement for Financial Reporting for the 19th consecutive year.
City Administrator Hansen reminded the Council the Truth in Taxation hearing will take
place on December 1. Mayor Harycki asked about the new sales tax revenues. Mr.
Hansen said the City had received a memo from the League of Minnesota Cities and it
appears that grants that will be issued from the sales tax revenues will be awarded to
existing agencies; regarding grants to arts organizations, and it appears the Legislature
will be deciding that issue and advised that any arts groups looking to apply for grants
ought to contact their State Legislators. Mayor Harycki asked for an update in spring.
CONSENT AGENDA
Mayor Harycki asked that items 7-12 be pulled for further discussion.
Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to approve the
Consent Agenda items 1-6 and 13.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
1. Resolution 2008-151, directing payment of bills
2. Resolution 2008-152, approving 2009 liquor and tobacco licenses
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City Council Meeting
November 18, 2008
3. Resolution 2008-153, approving contract with Lemicke forsnowplowing
services - Recreation Center
4. Resolution 2008-154, approving 2009 Dock Permit for St. Croix Boat &
Packet
5. Resolution 2008-155, approving St. Croix Catering management agreement
for Recreation Center
6. Resolution 2008-156, approving agreement with Washington County
Conservation District
7. Possible approval to purchase hvo laptops for .^.dministration and Fire
Departments
8. Possible approval to purchase a color scanner for Engineering, Community
Development and Building
9. Possible approval to purchase two computers f-or the Police Department
10. Possible approval to purchase digital voice recorders Police Department
11. Possible approval to purchase sel....er camera Se'Ner Department
12. Possible approval to purchase traffic counters
13. Possible approval of utility bill adjustment
Regarding items 7-12, Mayor Harycki spoke of the state of the economy, noting that the
City currently has a hiring freeze for non-emergency services and that he would like the
Council to consider a capital spending freeze for non-emergency items as well.
Councilmember Polehna felt that Item 11, a sewer camera, to be an emergency item.
Councilmember Gag suggested giving some discretion to City Administrator Hansen as
to whether an item is a necessity, otherwise he would be comfortable with the proposed
spending freeze, and that he would second the motion with that caveat. Mayor Harycki
amended his motion to include granting the City Administrator discretion in determining
whether an item is a necessity. Councilmember Nyberg said he thought the Council had
done a pretty good job of crunching the budget over the last two years, and that he did
not want to get in the position of strapping City staff with equipment that doesn't function
properly. Councilmember Polehna agreed with the freeze in concept but said he had a
problem when it hurts central functions of the community, like the sewer camera; if
those items are left to the City Administrator's discretion, he wouldn't have a problem
with the proposal.
Chief Gannaway explained the necessity of the two requested computer purchases for
his department (Item 9). Councilmember Milbrandt pointed out that the Council had
reviewed line items in setting the budget and suggested this was more of a knee-jerk
reaction to capital items than a prudent management of resources; he suggested
changing the motion to have all capital items come to the Council with justification to be
included in the agenda packet.
Motion by Mayor Harycki, seconded by Councilmember Gag to institute a capital spending
freeze for non-emergency items. Motion passed (4-1, Councilmember Milbrandt)
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City Council Meeting
November 18, 2008
Polehna asked how such capital requests would be handled - whether the Council
would simply approve requests that City Administrator Hansen had reviewed and found
necessary or review the requests line item by line item; Mayor Harycki and
Councilmember Gag said they envisioned having Mr. Hansen review the justification for
the requests, like the process used in this year's budget setting. It was consensus to
send items 7-12 to Mr. Hansen for review. Councilmember Nyberg said he thought City
staff does an outstanding job of going through the budget and wanted to assure staff
that the Council would continue to support the services staff needs.
UNFINISHED BUSINESS
Possible 2nd readinq of Ordinance 999. an Ordinance amendinq the Charter of the City of
Stillwater
City Attorney Magnuson stated that this is housekeeping measure that was brought to
the City's attention by the Charter Commission.
Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Ordinance
999, an Ordinance amending the Charter of the City of Stillwater
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Server room update
MIS Specialist Holman noted she had been asked to check i~to the feasibility of getting
a waterless fire suppression system installed in the server room before moving the
server to a different location at City Hall. She stated that she was advised there are a
number of things that need to be done to the room to prepare for such a system,
including sealing off the room and additional electrical work. She said she thought
something needs to be done and suggested spending $19,000 to protect equipment
worth about $99,000, not taking into consideration the value of protecting the data, is
well worth the investment. She said it is her recommendation to move the server
equipment to the existing Mayor's office as the room currently housing the equipment is
very small and there is a security issue with the current location. Mayor Harycki
suggested utilizing the existing space by moving some Finance Department equipment
and changing the locks versus relocating the server equipment to the Mayor's office.
City Administrator Hansen noted that the proposal to move to the Mayor's office will
address the need for future space. Ms. Holman spoke to several advantages of moving,
including accessibility for installation of the needed HVAC equipment, security and size.
On a request by Mayor Harycki, this issue was tabled for future consideration.
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City Council Meeting
November 18, 2008
NEW BUSINESS
Discussion of utility bill charqes
Finance Director Harrison informed the Council that as a result of the last internal
review it was discovered that 10 accounts had not been billed for services received,
residents who had hooked up to City sewer were not being b!lIed. Past practice has
been to bill the customers back to the time of hookup for services received. The amount
of back billing ranged from $11.70 to $3,015.20. She noted there has been some
concern regarding the fairness of the practice of back billing and asked the Council for
direction.
Mayor Harycki noted that City Attorney Magnuson had looked into the issue of statutory
limitations; Mr. Magnuson said he did not think any of the billings would be barred by
the statute. Mr. Magnuson stated that he advised Ms. Harrison that it is entirely within
the City's discretion to adjust the billing. Mayor Harycki stated he had heard the
residents with the two largest back billings who were looking for options. City
Administrator Hansen said he had received a call from a resident who stated her
opinion that people who received the service should be billed; Mr. Hansen also stated
that he received about three other similar calls in the last several we~ks. Mr. Hansen
stated that, in his opinion, because there was an error on the City's part, if the Council
does decide to back bill, the charge should be interest free, and the customer should be
given a time to repay the back billing equal to the time of the error.
Councilmember Gag informed the rest of the Council that he had received numerous
phone calls from folks who believe that everyone should pay their fair share and he
thought the fairest way of dealing this would be that suggested by Mr. Hansen - interest
free, carried on a special assessment equal to the time of the original mistake.
Karen Richtman, 2854 Nightingale Court, stated that she and her husband had moved
into the City several years ago and hooked up to City sewer after experiencing
problems with their septic system, but that she was surprised to receive a bill that stated
"to be paid December 12. She said they realize they do owe the money because they
received the services and she thought it would be fair to acknowledge they had been
receiving the service for three years and have three years to pay back the money. She
said she thought it is important for new customers to be informed about things such as
methods of billing/assessments, etc.
The resident of1017 Fourth Avenue S., the person who had the largest bill, said she
was shocked to receive the bill. She suggested that billing back to 1997 is something
that she could not do to her business customers. She noted that as part of their
purchase agreement, the sellers were to put in the septic, which may have contributed
to the problem. Mayor Harycki pointed out that if the $3,000 is spread out over 10 years,
payments would be just over $300 a year which could ease the financial burden.
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City Council Meeting
November 18,2008
Ms. Harrison recommended that rather than a special assessment on the property
taxes, the amount be carried as a balance on the City's sewer bill, which will give the
City more control and discretion. Ms. Harrison said she would like the customers in
question to call her office and let the City know how they want to make payments and
stated that she would like to make the repayments as flexible as possible.
Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg directing the
Finance Director to do the billing and give the customers in question as many years as they
were not charged to repay the amount, at no interest, with staff to contact the customers
individually regarding the arrangements. All in favor.
Discussion on sidewalk siqn policy
Community Development Director Turnblad noted that the Council had appointed a task
force to look at the issue of sidewalk signage in the downtown area and charged that
task force with putting together a recommended policy of guidelines for permitting such
signs downtown. Mr. Turnblad said the recommendation was taken to the Heritage
Preservation Commission, and the HPC unanimously recommended that the guidelines
be adopted. The Planning Commission approved the guidelines on a split (4-2) vote, he
noted, with concerns regarding the cost of the annual sign permit, concerns regarding
state law which prohibits commercial advertising within the right-of-way of state streets
and other streets not in the City's jurisdiction, and concerns regarding liability. Mr.
Turnblad said regarding the concern over state statute, staff has discussed the issue
with the Minnesota Department of Transportation (MnDOT) on several occasions and
MnDOT has indicated informally it is alright with the policy. Regarding the liability
concern, Mr. Turnblad said additional language has been added to reduce any City
liability that might come from issuing sign permits to utilize state right-of-way and
MnDOT has indicated it is alright with that language.
Councilmember Nyberg asked about the sign permit, whether it would be some type of
sticker, and how the signage would be approved. Councilmember Gag, who served on
the task force, responded that it would be a sticker similar to an annual license tab and
a business owner would have to fill out paperwork regarding the proposed sign.
Councilmember Nyberg asked about enforcement; Councilmember Gag said it was the
feeling of the task force that if the signage is going to be used, there should be some
guidelines and some type of permit. Fire Chief Glaser pointed out there may be
situations where a business cannot meet code for egress due to a sandwich board sign
placement; it was suggested that language be added indicating signage is permitted
contingent on meeting fire code. Mayor Harycki expressed a concern about the
proposed $50 permit fee, noting businesses are already paying property taxes;
Councilmember Gag pointed out there are a number of businesses that will not be able
to have sidewalk signage because of setbacks and the task force felt a permit fee that
would be designated for downtown improvement projects would be a more fair
approach. Councilmember Polehna pointed out that a change in MnDOT personnel
could negate the whole policy and that he was a little nervous regarding a verbal
agreement as suggested. City Attorney Magnuson stated the City will not get any more
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City Council Meeting
November 18, 2008
than a verbal okay from MnDOT and pointed out that in the not too distant future, there
likely will be a turn-back of Main Street to City jurisdiction when a new bridge is
constructed. City Attorney Magnuson stated MnDOT is comfortable with the policy and
the City made changes in the language to accommodate their concerns. Mr. Turnblad
noted there are other communities in the state in similar situations that have worked out
informal arrangements with MnDOT. Councilmember Polehna expressed a concern
about the appearance of some of the previous signs and asked if there is some
protection in the guidelines. Councilmember Milbrandt suggested this is a good start
that should be implemented on a trial basis for a year and evaluated after that time to
see if there are any minor changes that ought to be made.
Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt
Resolution 2008-157, approving Sidewalk Sign Policy, implemented on a trial basis for a year
and evaluated after that time to see if there are any minor changes that ought to be made
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Possible approval to enter into fuel purchase proqram with MnDOT
Public Works Director Sanders reviewed the proposal to participate in a fuel consortium
purchase program through MnDOT. He stated there are two programs - a fixed price
program, with a set price for fuel for the entire period of the annual contract, and a spot
price program based on the daily average price. He said MnDOT and other agencies
are recommending that participants not submit 100 percent of their monthly fuel usage
for the fixed price program, perhaps 50-80 percent, so as to allow for the possibility of
lower fuel prices. On a question by Mayor Harycki, Mr. Sanders informed the Council
that MnDOT would put the contract out for bid in December, typically the lowest month
of the year for fuel prices. Mr. Sanders said the City could participate in the spot price
program only if the Council so desires. On a question by Councilmember Milbrandt, Mr.
Sanders said there is a contract for both diesel and unleaded gasoline.
Motion by Councilmember Gag, seconded by Councilmember Nyberg to adopt Resolution
2008-158, approval to enter into Fuel Purchase Program with MN/DOT, at 50% fixed.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Possible ordering of feasibilitv report for 2009 Street Improvements
Public Works Director Sanders reviewed the proposed 2009 street improvement project.
He noted the proposal includes both mill and overlay projects and total street
reconstructions. He said the proposal includes about 2.1 miles; if costs come in too
high, some streets might have to be eliminated. Mayor Harycki asked staff to look at
some temporary fix in front of the Post Office on Third Street.
Page 9 of 12
City Council Meeting
November 18,2008
Councilmember Gag stated that before entering into any feasibility study, it might be
wise for the Council to decide on a long-term road improvement policy. Councilmember
Nyberg said he is in favor of a long-term policy but suggested with the current state of
the economy, it is the wrong time to be raising citizen contribution or instituting a blanket
City fee. City Administrator Hansen pointed out that ordering the feasibility report is not
tantamount to ordering the project and there will be opportunity before project approval
to "pull the plug." Councilmember Polehna asked about the inclusion of Oak Glen Trail,
saying he had received a number of calls about the condition of that street. Mr. Sanders
pointed out the City have 16 miles of streets rated "poor" or worse, and the City is only
doing 2 miles a year in its annual street improvement projects.
Motion by Councilmember Nyberg, seconded by Councilmember Milbrandt to adopt
Resolution 2008-159, ordering preparation of report for 2009 Street Improvements.
Ayes: Councilmembers Milbrandt, Nyberg, Polehna and Mayor HarYcki
Nays: Councilmember Gag
Possible appointment to Water Board
Mayor Harycki asked when the vacancy would take place. City Attorney Magnuson said
the appointment will take effect immediately. Mr. Magnuson also stated there are no
rules/statutes that preclude a council person from serving on.the Water Board.
Motion by Council member Polehna, seconded by Councilmember Milbrandt to adopt
Resolution 2008-160, approving appointment to the Board of Water Commissioners,
appointing Adam Nyberg.
Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki
Abstain: Councilmember Nyberg
Possible appointment to Downtown Parkinq Commission (Resolution - Roll Call)
Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt
Resolution 2008-161, approving appointment to the Downtown Parking Commission,
appointing David Junker.
Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki
Nays: None
Possible approval of license for encroachment issue with Washinqton Park
City Attorney Magnuson reviewed the issue of the encroachment on Washington Park.
He noted that because the City has owned Washington Park since its dedication, a
survey was never completed and the corners never located with any certainty. Due to
the recent improvements to the Park that were financed by the benefactors, a survey
was done, and it was determined that the westerly line is about 10.5 feet east of where
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City Council Meeting
November 18,2008
it was thought to be. As a result, it has been discovered that a garage and shed of a
home on West Abbott Street encroach on the Park. Mr. Magnuson said it is his
recommendation that the City grant a license to the homeowner in question allowing the
encroachment unless the buildings are destroyed or need to be rebuilt at some point in
which case the structures would be located on the owner's property and any remnants
removed from City property.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt
Resolution 2008-162, approving municipal license for encroachment on Washington Square
Park, as recommended by the City Attorney.
Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki
Abstain: Councilmember Nyberg
Possible approval of donation of Frisbee qolf equipment to Stillwater Junior Hiqh
City Administrator Hansen informed the Council he was contacted by Andy Olson,
physical education teacher at Stillwater Junior High, who asked if the City would
consider donating the Frisbee golf equipment to the Junior High. Mr. Hansen said upon
inspecting the equipment, Mr. Olson determined that about nine holes of the equipment
can be salvaged, and Mr. Hansen suggested that any public use of the equipment
would be better than simply keeping it and letting it rot in storage. Mr. Hansen said the
school proposes to take the equipment inside when not in use to prevent the past
problem with vandalism. Councilmember Nyberg noted the equipment was donated to
the City and asked whether the donor had been contacted.
Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to donate the
equipment subject to the donor's, Sunrise Rotary approval. All in favor.
Council member Polehna asked if the course would be open to the public; he noted that
Frisbee golf is becoming increasingly popular and wondered whether the equipment is
something the City's Park Commission might like to utilize.
Councilmember Milbrandt withdrew his motion, Councilmember Polehna withdrew his second
and Council directed the request to the Parks Commission. Staff was also directed to contact
Sunrise Rotary regarding the request. All in favor.
COMMUNICA TIONS/REQUESTS
Councilmember Polehna noted the Human Rights Commission is meeting November.
19, a change due to the Thanksgiving holiday.
COUNCIL REQUEST ITEMS
Mayor Harycki asked about the outcome of a previous issue regarding encroachment at
Kolliner Park. City Attorney Magnuson stated that the survey shows that some
Page 11 of 12
City Council Meeting
November 18, 2008
improvements made by a private landowner are on encroaching on City property. St.
Croix County asked that the City approve a variance to allow for the encroachment, and
advised the Council that the City could not agree to and nothing else has occurred to
date. There was a question as to whether the City could grant a license as it did for
Washington Square. City Attorney Magnuson said the City could do that as it is a
private landowner in Wisconsin, with no municipal powers. Councilmember Milbrandt
pointed out that land will come into play when the new bridge is constructed and that he
would not like any license issued before trail locations are determined. Councilmember
Nyberg asked about issuing a temporary license, year by year, until the bridge issues
are resolved. There was a question about liability; City Attorney Magnuson said an
indemnity clause could be included in any license.
STAFF REPORTS
Finance Director Harrison told the Council she had receive notice of her accountant's
resignation and that she would be returning with information about the impact of the
resignation on her department and the hiring freeze.
ADJOURNMENT
Motion by Councilmember Nyberg, seconded by Councilmember Poleh
p.m. All in favor.
~d~d
Diane F. Ward, City Clerk
Resolution 2008-151, directing payment of bills
Resolution 2008-152, approving 2009 liquor and tobacco licenses
Resolution 2008-153, approving contract with Lemicke Construction
Resolution 2008-154, approving 2009 Dock Permit for St. Croix Boat & Packet
Resolution 2008-155, approving St. Croix Catering management agreement for
Recreation Center
Resolution 2008-156, approving agreement with Washington County Conservation
District
Resolution 2008-157, approving Sidewalk Sign Policy
Resolution 2008-158, approval to enter into Fuel Purchase Program with MN/DOT
Resolution 2008-159, ordering preparation of report for 2009 Street Improvements
Resolution 2008-160, approving appointment to the Board of Water Commissioners
Resolution 2008-161, approving appointment to the Downtown Parking Commission
Resolution 2008-162, approving municipal license for encroachment on Washington
Square Park
~
Ordinance 999, an Ordinance amending the Charter of the City of Stillwater
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