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HomeMy WebLinkAbout2009-07-07 CC MIN illwater 1HE IIRTH'lACE OF ..IINE.al. CITY OF STILLWATER CITY COUNCIL MEETING July 7, 2009 REGULAR MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:35.p.m. Present: Councilmembers Cook, Gag, Polehna, Roush 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 OTHER BUSINESS Joint Workshop with Brown's Creek Watershed District Board of Managers President Leiser called the special meeting of the Brown's Creek Watershed Board of Managers to order. Present: Managers Leiser, Vanzwol, Taillon, Johnson, and Pundsack (4:45). Also present was Administrator Karen Kill. Mr. Leiser asked for additions to, or approval of, the agenda. Motion by Councilmember Gag, seconded by Manager Johnson, to approve the agenda as presented. All in favor. Mr. Leiser spoke to the water quality improvements efforts at Long Lake. He noted there were two major processes the District said it would take a look at: fluctuation - adding alum to precipitate out the phosphorus in the lake - and drawdown of the lake. He stated flocculation has been ruled out as an option. He said the District's engineering firm has completed a detailed analysis of a lake drawdown; the end result of the analysis is that a drawdown, too, does not seem to be the solution. He stated the pumping would be very expensive because there are three separate basins to the lake. He also stated it was found that the process would not work at Long Lake as it has at City Council Meeting July 7, 2009 other lakes because the bottom sediments would re-suspend. He said the District is still looking into a partial drawdown and removal of one of the delta areas; he spoke to some issues related to disposal of sediment that would be removed in a drawdown. He stated studies indicate that shallow water lakes, like Long Lake, are detrimentally affected in terms of phosphorous in the bottom sediment being brought back into the water column by motorboats and propellers and that the Watershed District is considering asking the Council for a one-year moratorium on the operation of motorized watercraft on Long Lake to see if that would have an impact on the water quality of the lake. Councilmember Polehna and Mayor Harycki pointed out that there are very few boats on the lake now because the water is so shallow. Mayor Harycki asked about the possibility of removing some of the bottom sediment as well as the delta area in a partial drawdown of the lake. Mr. Leiser pointed out that due to the depth of the organic material, which ranges from about l' to nearly 30', that option doesn't appear to be a technically or financially viable solution. Mr. Leiser stated Rotenone treatment to remove the rough fish and restocking of the lake with more preferable fish species is still a possibility; however, he pointed out that would have to be done at Watershed District expense as there is no public access to the lake, so the DNR will not participate in that venture. Mr. Polehna asked if consideration had been given to utilizing a "mudcat" to remove the sediment; Mr. Leiser said the District could look into that possibility. Shoreline restoration - Ms. Kill spoke to shoreline restoration efforts. Ms. Kill stated the District had received a challenge grant for restoration efforts in City parkland along the east side of Long Lake. S.he explained the City, as the landowner, will actually receive the grant money, but noted the Watershed District will be doing the work and has approved the 25 percent match required for the grant. She said the hope is to begin work this summer with treatment to remove the exotic species on the site, with planting to begin in the spring of 2011. Herberger's Pond - Mr. Leiser spoke to the improvements at the Herberger's Pond. He noted the hope had been that an experimental device would remove phosphorus from the outflow water and result in a 25-50 pound per year phosphorus removal; so far that experimental device has not worked. He said they are looking at ways to reduce the algae to keep from clogging the treatment device. Ms. Kill said the City was able to back flush the device filter and one of the more recent rain events indicated clean water was coming out of the device and there are still a few more options for improving the system that will be looked at. BMP program - Mr. Leiser said the BMP (Best Management Practices) being referred to are rain gardens. He said a large number of rain gardens are being installed or will be installed in the Liberty and Legends development, both of which drain directly to Long Lake. He said the District is continuing to fund and is open to applications from residents who are interested in having a rain garden on their property, and the District will fund both the design and construction of the rain gardens. On a question by Mayor Harycki, Mr. Leiser stated there has been a reduction in the phosphorus levels at Long Lake and the turbidity of the lake has decreased; what the District has been doing is working. Councilmember Polehna asked about the weir and whether the District is still Page 2 of 15 City Council Meeting July 7, 2009 looking at the lake elevation. Mr. Leiser said in the drawdown studies, it was found that there is some groundwater contribution to the lake, some springs within the lake. Mr. Leiser also pointed out that the District has aid it would like three years of evaluation regarding the management of the lake elevation and that the District would like at least one year of heavy rain events to ensure that whatever is done doesn't have to be reversed. Long Lake/McKusick Lake/Lily Lake management plan - Ms. Kill said the presence of Eurasian milfoil has been discovered at Long Lake. She said the information has been sent to the DNR for verification. Ms. Kill reviewed the grab sample information of total phosphorous (pounds per day) taken of the Brown's Creek diversion drainage. She said sampling indicates a relatively low phosphorous concentration in water coming out of Long Lake, with an increase in the phosphorous seen between the Jackson Wildlife Management Area and Boutwell Road and again between Boutwell and the south Brown's Creek tributary branch. She said there is not a great deal added between that sample site and the diversion structure, and not a huge addition between the two sampling points on the western branch. She noted this is limited data due to the dry weather conditions; it addition to total phosphorous count, measurements are being taken for total suspended solids, along with flow measurements. Mr. Leiser said the data would indicate the high phosphorous count at McKusick is not coming from Long Lake or the Jackson Wildlife Management Area; it is coming from between County Road 12 and the diversion structure. In discussion, it was noted there are considerable wetlands in the area and a long history of agricultural activity in the area in question. Bruce Werre, McKusick Lake Water Association, asked about sampling at the City's old dump site; Mr. Leiser responded that area is in the Middle St. Croix Water Management Organization, not the Brown's Creek District. Mr. Werre suggested that without that sampling, the picture as to the problems at McKusick is incomplete. Mr. Werre also suggested treatment of the water at the diversion structure. Mr. Leiser suggested that in future joint meetings, the Middle St. Croix WMO be invited to participate. TMDL plan - Ms. Kill stated a TMDL plan for Long/McKusick and Lily lakes has been submitted to the Minnesota Pollution Control Agency. She stated the draft of the TMDL plan for Brown's Creek has been submitted for comment to all stakeholders and will be submitted to the MPCA later this summer. Mr. Leiser said the District is working with the DNR and Trout Unlimited on Brown's Creek shore restoration efforts. Jackson Wildlife Management Area - Mr. Leiser noted the state would like to relinquish management of the area, and the Brown's Creek Watershed District has sent a letter of interest in managing the area as a continuing wildlife area and the intent would be to keep the area in as natural a state as possible. He said the District would welcome the cooperation of the City in managing the area. Other areas of collaboration - Mr. Leiser said in future meetings it would be appropriate to invite the Middle St. Croix WMO to participate. Councilmember Gag asked about the 2010 budget and what major projects are planned. Mr. Leiser stated the District is concerned about the economic conditions and does not want to add to the tax burden; Page 3 of 15 City Council Meeting July 7, 2009 he briefly spoke to several projects of interest to the District. It was noted there remains a considerable budget for Long Lake improvements; Ms. Kill said the emphasis will be on BMPs. In discussion, it was suggested a tour of the sampling sites and diversion area might be a good idea. Mr. Leiser provided an update on the Stone Bridge restoration. It was decided to schedule the next joint meeting for October 6, with perhaps a tour prior to the meeting. The special meeting of the Brown's Creek Watershed District was adjourned at 6 p.m. STAFF REPORTS Police Chief Gannaway updated the Council on the issue of parking on Fourth Street near Stillwater Country Club. He stated he had met with Country Club representatives who indicated they are very willing to work with the City on the issue and he believed that issue has been resolved. Chief Gannaway also reported on truck enforcement efforts, noting a number of citations and warnings have been issued. He provided an update on 4th of July activities; and it was a busy time with about 70 calls for service received, but no major incidents. There was some discussion about obtaining assistance with traffic control in the future. Chief Gannaway asked the Council for an emergency revocation of a peddler's permit for Allied Diversified Products; he stated there have been four incidents of people working for the company that have alarmed citizens, as well as another fairly serious legal issue concerning the firm. It was noted the company would have the right to request an after-the-fact hearing to reinstate the permit. Motion by Councilmember Gag, seconded by Councilmember Roush to adopt Resolution 2009-110, a resolution revoking Peddler's/Solicitor's registration. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Chief Glaser stated there were three significant house fires within the week prior to the Council meeting; he noted there have been 10 house fires to date in 2009, compared to six as of this date last year. He stated the department responded to 16 different incidents on July 4, several incidents on the river and several incidents in the downtown area, as well as a house fire, believed to be related to fireworks. He noted that Lumberjack Days is fast approaching and no site plans have been received as yet from St. Croix Events. Mayor Harycki asked for a clarification of "legal" fireworks; Chief Glaser said in the state of Minnesota, most legal fireworks ca.nnot leave the ground or explode. Community Development - Community Development Director Turnblad told the Council the City had signed the contract for screening the portable bathrooms. He said the cost will be $800, and the work is expected to be completed by July 17. He also told the Council the second deck for the parking ramp was scheduled to be poured the day following the Council meeting. Page 4 of 15 City Council Meeting July 7, 2009 Public Works Director Sanders stated the Park Board had discussed the lights at the Staples Field tennis courts and that the Park Board would like to lights to stay on. Councilmember Polehna, who sits on the Park Board, stated the Board asked that staff look into shielding the lights in some manner, as well as possibly reducing the lumens. Mayor Harycki asked about having a timer on the lights. Councilmember Cook said she had been told there was a timer on the lights at Staples Field, but it was vandalized in short order. Mr. Sanders also suggested there may be an issue with the fact that lights need to warm up, but that staff could check into a timer. Councilmember Cook also stated she had been told the lights at Staples Field were not to be turned back on until the reflectors had been installed and/or intensity of lights reduced. Mr. Sanders told the Council there have been two leaks on the Cayuga since the City assumed maintenance of the craft. Mayor Harycki asked about possible funding, due to pollution issues, to dismantle the boat; Mr. Sanders said he would look into that. City Administrator Hansen said he had asked Mr. Turnblad to look into possible grants and contact the Pollution Control Agency, Met Council, etc. Mr. Sanders said, as requested by Councilmember Roush, staff had looked at the water fountain in Lowell Park, and a number of improvements need to be made, including installing a new water line; he estimated the cost at about $3,000. After discussion, it was suggested that the work be done in conjunction with the levee project. Mr. Sanders said a tree survey is being conducted, and, thus far, it has been discovered that about 25 percent of the trees surveyed are ash trees. Mayor Harycki asked about the preponderance of ash trees on certain blocks in the Liberty development; Mr. Turnblad said it has become standard practice to alternate species, but perhaps plant one street with the same type of species and then alternate plantings by block. Mr. Sanders stated, to date, no emerald ash bore has been discovered in Stillwater. There was discussion of possible treatment of the disease. Councilmember Polehna commended Assistant Superintendent Tim Moore and the Parks Department for their efforts on the turf in north Lowell Park, as well as their work during the 4th of July festivities. City Attorney - Mayor Harycki asked for a clarification of the status of the administrative citations/fines; City Attorney Magnuson said he would report on that at the next meeting. Finance Director Harrison presented a report on the City's debt service obligations. The presentation highlighted the two types of debt service, the funding sources of bonded debt, the amounts of debt service obligations and term lengths for the various types of bonds, the required and projected debt service tax levy, total debt service obligations for all existing obligations and debt service funding. City Administrator Hansen asked the Council for a motion to keep the statutory limits for insurance coverage. Page 5 of 15 City Council Meeting July 7, 2009 Motion by Councilmember Polehna, seconded by Councilmember Cook, to keep the statutory limits. All in favor. Mr. Hansen stated he had received a low quote of $18,274 to repair the City's HVAC system and informed the Council that he had ordered the work done. The meeting was recessed at 6:55 p.m. RECESSED MEETING 7:00 P.M. Mayor Harycki reconvened the meeting at 7 p.m. Present: Councilmembers Cook, Gag, Polehna, Roush 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 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 Roush, to approve the June 16, 2009, Regular Meeting Minutes. All in favor. OPEN FORUM Mike Robinson, 801 W. Pine St., raised an issue with the P.D. Pappy's patio being located on City property. He provided a history of the lease of a 50' strip of land, noting there is no mention of a patio or sale of liquor on City property. The Council directed City Attorney Magnuson to research the matter and report back to the Council at a later date. CONSENT AGENDA Resolution 2009-99, directing payment of bills Possible approval of utility bill adjustments Page 6 of 15 City Council Meeting July 7, 2009 Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the Consent Agenda. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearinq to consider the 2009 Sidewalk Improvement proiect. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26 and July 3. 2009 Public Works Director Sanders reviewed the proposed sidewalk rehabilitation project. The project includes 55 properties, at an estimated cost of $38,281, with an assessed cost of $5.47 per square foot. Cost of repairs to sidewalks on City properties, $2,000, would come out of the operating budget, he noted. On a question by Councilmember Cook, Mr. Sanders stated the average assessment is about $200-$300. Mayor Harycki opened the public hearing. Elizabeth Calderon, 808 First St. S., asked that the City explore the probability that the settlement in the sidewalk at her property was caused by an ongoing City water leak. Mr. Sanders said he would look into that. Ms. Calderon also asked that staff look at other portions of sidewalk that may be in need of repair due to this same issue. No other comments were received, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Gag to adopt Resolution 2009-100, Ordering Improvement and Preparation of Plans & Specifications for the 2009 Sidewalk Rehabilitation Project (Project 2009-05). Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09-26. This is the date and time for a public hearin~ to consider a request from U.S. Home Corporation for approval of the final plat of Millbrook 3r Addition; two 8 unit town home buildinqs. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26.2009. Mayor Harycki noted it has been requested that this case be tabled. Mayor Harycki opened the public hearing for the record. Motion by Councilmember Cook, seconded by Councilmember Roush to adopt Resolution 2009-101, resolution tabling public hearing for U.S. Home Corporation for approval of the final plat of Millbrook 3rd Addition; two 8 unit townhome buildings, tabling the hearing until July 28, 2009. Page 7 of 15 City Council Meeting July 7, 2009 Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09-21. This is the date and time for a public hearinQ to consider a request from Joe Jablonski. U.S. Home Corporation, for an amendment to the residential planned unit development for house plans and site plan revisions located in the Millbrook Subdivision. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26,2009. Mayor Harycki noted it has been requested that this case be tabled. Mayor Harycki opened the public hearing for the record. ' Motion Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2009-102, resolution tabling public hearing to consider a request from Joe Jablonski, U.S. Home Corporation, for an amendment to the Residential Planned Unit Development for house plans and site plan revisions located in the Millbrook subdivision, tabling the hearing until July 28, 2009. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Case No. 09-18. This is the date and time for a public hearinQ to request from James and Joyce Melton for a ZoninQ Text Amendment to the BP-C. Business Park Commercial District for special use permits for automotive sales. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. Community Development Director Turnblad reviewed the request. He noted the requested use is no longer a permitted use, and the previously held special use permit has expired. He stated that both the Planning Commission and staff are recommending denial. On a question by Councilmember Cook, Mr. Turnblad explained the reasons for recommending denial. Mayor Harycki asked if the requested use is allowed in any other zoning district in town; Mr. Turnblad said the use is a permitted use in the CA District. Councilmember Roush said he would like to get feedback from some of the surrounding businesses. Mayor Harycki opened the public hearing. Joyce Melton, 6431 Keats Ave. N., owner of the property in question, stated that she believes she should have been grandfathered-in even though her building was vacant. She said she has owned the property for 40 years and it has been a used car lot for almost all of that time. She pointed out there are cars parked outside at the adjacent mall all day long. City Attorney Magnuson gave an historical Overview of the property, which was originally in Stillwater Township and was part of the orderly annexation agreement. No other comments were received, and the hearing was closed. Page 8 of 15 City Council Meeting July 7, 2009 There was discussion as to how many properties would be affected by the requested zoning text amendment. Councilmember Roush asked if it would be possible to find some way to make this a retroactive extension of the special use permit; City Attorney Magnuson suggested there might be some way to address the request without affecting the entire zoning district. Councilmember Roush said he would be inclined to support the application if there is a clean way to do it. Councilmember Gag said he understood Mr. Turnblad's perspective and the Planning Commission's perspective, but he thought the proposed use was appropriate for the site. It was agreed to have Mr. Turnblad and Mr. Magnuson look at possible solutions. Case No. 09-14. This is the date and time for a public hearinq to consider an appeal of the Planninq Commission's decision to approve a special use permit to replace a 60-foot tallliqht pole with a new 1 OO-foot tall multipurpose cell tower located at 1900 Myrtle Street West. Notices were mailed to affected property owners and published in the Stillwater Gazette on June 26, 2009. Mayor Harycki stated the applicant has requested that this be tabled to the next meeting. Mayor Harycki opened the public hearing for the record. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009-103, resolution tabling public hearing to consider an appeal of the Planning Commission's decision to approve a Special Use Permit to replace a 60-foot taillight pole with a new 1 OO-foot tall multipurpose cell tower located at 1900 Myrtle Street West, tabling the public hearing to July 21, 2009. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Discussion on Fire Station Grant & Minnesota DEED Redevelopment Grant. Fire Chief Glaser noted the Council had asked him to come back with additional information about project costs before deciding on how much, if any, to pledge as the City's contribution to a stimulus grant for construction of a new fire station. He said the information is now available, with a construction estimate of $4,483,000 at the old dump site and that the estimate includes cost of the building, contents, soil issues and potential construction methods for that site. Chief Glaser read the grant language regarding the suggested contribution, which indicated that the higher the percentage of the contribution the higher the consideration the grantee receives for funding. Chief Glaser stated Pine City has indicated a willingness to contribute $1 million for about a $2+ million project. City Administrator Hansen said he would be concerned about taking on any new large projects in the next couple of years; Mayor Harycki noted that the City will not be seeing any relief in its debt service costs for several years. Chief Glaser pointed out it could be several years before some of the grant money is awarded. On a Page 9 of 15 City Council Meeting July 7, 2009 question by Councilmember Roush, Chief Glaser said the City would not have to accept a grant if awarded one. Finance Director Harrison stated the cost of a $1 million commitment would be about $150,000 in debt service per year for 10 years. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009-104, resolution authorizing the contribution of funds for the American Recovery & Reinvestment Act - Assistance to Firefighters - Fire Station Construction Grant, to allocate $1.5 million toward the Fire Station Grant. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Fire Chief Glaser provided information about a state DEED grant to reclaim brownfields. He stated this is a 50-50 match grant. He said potentially this grant could be used to address some of the environmental issues on the fire station site. He said based on the fire station construction estimate, he believes correcting soil issues would amount to about $300,000. Councilmember Polehna noted this money could be potentially used to offset the City's contribution to the stimulus grant. Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt Resolution 2009-105, resolution to apply for the Minnesota Department of Employment and Economic Development (DEED) Redevelopment Grant. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Request for Proposals - Stillwater Barqe Terminal Property (formerly called the Aiple Property) City Administrator Hansen said two proposals were received, Max Todo and St. Croix Boat & Packet. Mayor Harycki asked if the RFP addressed length of lease. City Administrator Hansen said he thought that could be done in the contract. Councilmember Roush said he would like to explore the maximum use of the site through multiple tenants. Mr. Hansen said that could also be addressed in a contract. Councilmember Cook questioned whether the City had the authority to allow the use of the property for a public boat launch or transient docks. City Attorney Magnuson said beyond the anchoring of the boat and barges, the DNR may have a problem with that additional use. It was noted it would be up to the tenant to deal with the DNR. It was consensus to pursue a two-year lease with the potential for multiple-tenants. Motion by Councilmember Polehna, seconded by Councilmember Roush to direct City Administrator Hansen to work out the language as discussed and bring it to the next meeting. All in favor. Page 10 of 15 City Council Meeting July 7, 2009 Discussion on dedication of funds Mayor Harycki proposed that any proceeds from this lease be used to fund the dumpster cleanup/enclosure in the downtown area and, once the dumpster cleanup is completed, for riverfront improvements. Motion by Mayor Harycki, seconded by Councilmember Cook to dedicate the proceeds of the lease to construction of the dumpster enclosures and once that is paid for to riverfront parkland improvements. Motion 4-1 (Polehna - nay) Possible second readinq of Ordinance 1008, an ordinance amendinq the City Code bv chanqinq commission requlations which relates to term limits for Parkinq, Planninq, Heritage Preservation, Human Riqhts and Downtown Parkinq Commissions City Clerk Ward noted this is the second reading of an ordinance to standardize terms of the various commissions. Motion by Councilmember Gag, seconded by Councilmember Roush, to have the second reading of Ordinance 1008, an ordinance amending the City Code by changing commission regulations which relates to term limits for Parking, Planning, Heritage Preservation, Human Rights and Downtown Parking Commissions. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Membership for the Special Events Task Force Councilmember Cook informed the Council that the Special Events Task Force is complete, and the group will have its first meeting on July 15 and would welcome attendance by interested residents and businesses. NEW BUSINESS Request for a noise variance - Meadowlark Drive Motion by Councilmember Roush, seconded by Councilmember Gag to approve the noise variance to 11 p.m. City Administrator Hansen reaffirmed that if things get too noisy, the applicant will be informed to quiet things down. All in favor. Possible approval to purchase server MIS Specialist Holman reviewed the request. She stated the City can't upgrade some of its programs, such as Laserfiche, TickeTrak and PermitWorks, until a new server is purchased. There was discussion of several alternatives. Page 11 of 15 City Council Meeting July 7, 2009 Motion by Councilmember Polehna, seconded by Councilmember Cook to approve of the purchase of a server as recommended by Ms. Holman. All in favor. Approval of Minnesota Historical Society Certified Grant Aqreement Community Development Director Turnblad stated the Minnesota Historical Society has approved the grant for completion of the third phase of the City's Heirloom Home and Landmark Properties program Mr. Turnblad said this is a matching grant; with the City's share $7,500. City Administrator He expressed concern about the cost. Councilmember Polehna questioned the use of the program; Mr. Turnblad said he could get information regarding hits on the web site. It was consensus to wait a year due to the budget constraints. Motion by Councilmember Gag, seconded by Councilmember Polehna, to decline the Historical Society Grant. All in favor. Possible approval of addition of patio to Marx's licensed liquor area City Clerk Ward explained that approval is needed to serve liquor in the new courtyard area of Marx's Wine Bar. She stated if approved, the resolution will be sent to Minnesota Liquor Control for their review and approval. Motion by Councilmember Gag, seconded by Councilmember Polehna, to approve Resolution 2009-106, resolution approving courtyard addition to Marx Wine Bar & Grill liquor license area. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible appointment of Steve Speedlinq to the Board of Water Commissioners City Clerk Ward referred to a letter from Jim O'Brien, president of the Board of Water Commissioners, recommending the appointment of Steve Speed ling. Motion by Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution 2009-107, appointment of Steve Speedling to the Board of Water Commissioners. Ayes: Councilmembers Cook, Gag, Polehna, Roush and mayor Harycki Nays: None Discussion on 4-H fundinq request - Washinqton County Aqricultural Society City Administrator Hansen agreed 4-H is a wonderful organization, but as with the Minnesota Historical Society grant, he expressed concern about the upcoming budget. Motion by Councilmember Polehna, seconded by Councilmember Gag, to deny the funding request. Motion 4-1, (Roush-nay). Page 12 of 15 City Council Meeting July 7,2009 Possible approval of prospective consent to Bri~:JQs & Morqan's representation of Xcel Enerqy and its affiliates City Administrator Hansen stated Briggs & Morgan is the City's bond counsel. Briggs and Morgan also represent Xcel Energy. This agreement deals with the potential for situation in which Xcel might be involved in a legal matter with one of Briggs and Morgan's municipal clients. Mr. Hansen stated that would never happen in Stillwater's case, as Stillwater only uses Briggs and Morgan for bond counsel, and he recommended approval of the agreement. Motion by Councilmember Roush, seconded by Councilmember Gag, to adopt Resolution 2009-108, approving of prospective consent to Briggs & Morgan's representation of Xcel Energy. Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki Nays: None Possible approval of capital expenses for Pioneer Park Bandshell and Trianqle Park steps Public Works Director Sanders reviewed the proposed capital expenditures from the Parks budget, repair of the fagade and block wall of the band shell at Pioneer Park and repair of the stairs at Triangle Park. He stated Bailey Construction was the low bidder for both projects, $6,000 for the repair of the band shell and $3,300 for the repair of the Triangle Park stairs. It was noted the items were included in the 2009 Parks budget. Motion by Councilmember Gag, seconded by Councilmember Cook, to approve of the capital expenditures as presented. All in favor. Possible awardinq of work for McKusick Loop Trail Public Works Director Sanders stated two quotes had been received for the McKusick loop trail, with the low bid of $32,000 submitted by Raleigh Trucking. Funding would come from the capital outlay expense for trail improvements. Mayor Harycki talked about a possible land swap with the owners of the trolley house to avoid construction of the retaining wall. On a question by the Mayor, Mr. Sanders stated the cost of the retaining wall, as included in the bid, is $4,000. Councilmember Roush said there have been some new ideas brought to the table that he thought were worth addressing, including the land exchange, which would bring the trail out to Owens Street and eliminate the need for the retaining wall, and take advantage of showcasing an historic Stillwater home. Community Development Director Turnblad stated Planner Mike Pogge and Assistant Engineer Torry Kraftson visited the site, and there are about 8 mature trees which would have to be removed; he also noted that to change the plans at this point would require going back to the beginning, through the public hearing process. In discussion, Councilmember Polehna stated the Parks Commission had considered the option of going to Owens Street and had rejected that alignment. Councilmember Cook Page 13 of 15 ~ City Council Meeting said the oniy way she would consider looking at this alternative option would be if the process is started all over, and if the option represents a significant cost savings. City Attorney Magnuson stated if there Was public notice of the hearings for the trail plans and decisions made there, the City should notice the same people and start over again; he noted there would likely be just as many people upset about this option as there were about the approved option. Mayor Harycki said he Was more interested in the cost savings related to the retaining wall; Councilmember Roush said new information has been brought to the table which ought to be considered. July 7, 2009 Motion by Councilmember Gag, seconded by Councilmember POlehna to adopt Resolution 2009-109, accepting quotes and awarding contract for the McKusick Loop Bike Trail Ayes: Councilmembers Gag, Cook, POlehna Nays: Counci/member Roush and Mayor Harycki COUNCIL REQUEST ITEMS Councilmember Gag provided information about a Town Hall meeting he would be hosting on July 9. Mayor Harycki asked Community Development Director Turnblad to follow up on the possibility of getting a fishing pier on Long Lake. Mr. Turnblad said he would bring the issue to the Park Board to see if there is an appropriate spot on the lake. Mayor Harycki noted there is some graffiti near the rooffine on one of the buildings near Chestnut and Main Street. Mayor Harycki asked if there are options for getting the graffiti removed; Mr. Turnblad said he would bring back options for having that work done to the next meeting. Mayor Harycki said a Ward 4 resident had expressed interest in serving on the traffic committee and he would pass that information along to City Clerk Ward for the committee to decide on how to utilize that person's services. ADJOURNMENT Motion by Councilmember Roush, seconded by Councilmember Cook, to adjou session at 9:35 p.m. All in favor. :1l~0?~L- Diane F. Ward, City Clerk Page 14 of 15 City Council Meeting July 7, 2009 Resolution 2009-99, directing payment of bills Resolution 2009-100, Ordering Improvement and Preparation of Plans & Specifications for the 2009 Sidewalk Rehabilitation Project (Project 2009-05) Resolution 2009-101, resolution tablinc? public hearing for U.S. Home Corporation for approval of the final plat of Millbrook 3r Addition; two 8 unit townhome buildings Resolution 2009-102, resolution tabling public hearing to consider a request from Joe Jablonski, U.S. Home Corporation, for an amendment to the Residential Planned Unit Development for house plans and site plan revisions located in the Millbrook subdivision Resolution 2009-103, resolution tabling public hearing to consider an appeal of the Planning Commission's decision to approve a Special Use Permit to replace a 60-foot taillight pole with a new 1 OO-foot tall multipurpose cell tower located at 1900 Myrtle Street West Resolution 2009-104, resolution authorizing the contribution of funds for the American Recovery & Reinvestment Act - Assistance to Firefighters - Fire Station Construction Grant Resolution 2009-105, resolution to apply for the Minnesota Department of Employment and Economic Development (DEED) Redevelopment Grant Resolution 2009-106, resolution approving courtyard addition to Marx Wine Bar & Grill liquor license area Resolution 2009-107, appointment of Steve Speedling to the Board of Water Commissioners Resolution 2009-108, approving of prospective consent to Briggs & Morgan's representation of Xcel Energy Resolution 2009-109, accepting quotes and awarding contract for the McKusick Loop Bike Trail Resolution 2009-110, a resolution revoking Peddler's/Solicitor's registration Ordinance 1008, an ordinance amending the City Code by changing commission regulations which relates to term limits for Parking, Planning, Heritage Preservation, Human Rights and Downtown Parking Commissions Page 15 of 15