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HomeMy WebLinkAbout2012-05-01 CC MINjWater 14E 1111TNYLACE OF MINNESOTA CITY COUNCIL MEETING MINUTES May 1, 2012 REGULAR MEETING Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Absent: Councilmember Cook 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 4:30 P.M. Stillwater Township Board Supervisors Hiniker, Johnson, Countryman, Untiedt, and Beane STAFF REPORTS Mayor Harycki suggested that staff provide their reports prior to the workshop with Stillwater Township. Police Chief Gannaway noted that May 13 -19 was National Police Week, with May 15 designated as Law Enforcement Memorial Day. He stated Washington County would again be hosting a ceremony commemorating Law Enforcement Memorial Day and invited Councilmembers and residents to participate in the remembrance. He provided statistics regarding the number of law enforcement officers killed in the line of duty. Fire Chief Glaser informed the Council and residents that the Fire Department, in conjunction with Regions Hospital EMS, would be hosting a car seat safety clinic at City Hall on May 22; he provided information on how to make appointments. He also noted that the fire boat is ready to be put in service, and that there would be a check presentation ceremony with Firemen's Fund Insurance on May 17. He added that the department had received over $13,000 from Firemen's Fund Insurance, with an additional $5,000 from the Margaret Rivers Fund, and $1,000 from the Stillwater Elk's Club. He provided photos of the refurbished craft and statistics regarding its operational capabilities. Chief Glaser pointed out that there was no City budget dollars involved, all refurbishing was done with grant funds and volunteer manpower, and the boat was received as part of the federal excess property program. Public Works Director Sanders provided an update on Lowell Park improvements. He informed the Council that soil has been brought in and grading has begun in the north part of the Park. He explained that grading is being done up to the future elevation, so there will be some difference City Council Meeting May 1, 2012 of elevation between the parking lot and berm until reconstruction of the parking lots is completed. He added that about two - thirds of the irrigation system has been installed. He noted work on the gazebo has been delayed due to the river levels. He acknowledged Washington County's loan of equipment for the grading. Supervisor Johnson thanked Mr. Sanders and staff for the work done at the Town Hall parking lot. OTHER BUSINESS Workshop with Stillwater Township Board a) Discussion of Fairy Falls Hill detachment /annexation policy It was noted that Stillwater Township supervisors were present in their official capacity for the workshop session; roll call was not taken. Community Development Director Turnblad reviewed a pending annexation request for the Murphy property in the Fairy Falls neighborhood that prompted this discussion. Mr. Turnblad noted the Planning Commission had approved the annexation request on a split vote, along with a request that the City Council and Town Board discuss a possible annexation policy for the neighborhood due to a concern that this request could lead to other annexation requests, which would result, in leap -frog development /annexation. Mr. Turnblad referred to his memo of policy discussion points, which suggested that the Town Board /Council consider limiting the potential annexation area to the few properties bounded by Fairy Falls Road to the north, and Orwell Avenue to the west. Supervisor Countryman indicated that she thought this was a logical approach. Supervisor Untiedt expressed concern about how to justify denying other requests. David Johnson, Stillwater Township Supervisor, spoke of the existing policy in the Orderly Annexation Agreement which allows annexation of properties that are contiguous to the City and that the City agrees to accept. He noted the original request was to split the property, leaving the original homestead in the Township and creating a new lot that might be annexed to the City. Mr. Johnson stated when the Township first heard and approved the request to seek annexation to the City, the Board did not think this would be part of a bigger picture; he added that the bigger picture is what should be focused on and whatever policy is eventually agreed upon needs to be fair and reasonable in both directions. There was discussion of a recent request to detach from the City to the Township that was denied. Mr. Johnson spoke of discussions during the original drafting of the Orderly Annexation Agreement, which suggested that some properties that lend themselves to Township governance should perhaps be moved from the City to the Township. He explained that in those early discussions, it was also suggested that Highway 96 should be the ultimate boundary between City and Township. He recalled a petition being circulated in the neighborhood in question with all but one property owner in support of detachment to the Township. Supervisor Countryman pointed out that she thought the proposed annexation boundaries seem logical. Supervisor Untiedt asked about the justification for accepting the Murphy property and how that justification could be applied to the property at 9154 Fairy Falls Road. Councilmember Menikheim noted there is a policy in place and suggested that a requirement that a property be contiguous to the City, and desire by the property owner, might be the best justifications for making such decisions. Page 2 of 13 City Council Meeting May 1, 2012 Mayor Harycki asked about the Town Board's view moving forward after 2015, the critical.date in the Orderly Annexation Agreement. On a question by City Administrator Hansen, Public Works Director Sanders described that when the City did the North Hill sewer project, it did design for some extension of the system going north, primarily to serve the Orwell Court area, but nothing beyond that vicinity. Mr. Sanders suggested the City could possibly serve the properties at 9090, 9098 and 9154 Fairy Falls Road, but nothing beyond. Mr. Sanders added that in the northwest quadrant of the City, the sewer is not sized to accommodate future expansion. Supervisor Hiniker suggested that if the policy is based on the will of the people and what body a property is contiguous to, then there are two properties in the area in question that would come into the Township. There was discussion of the ramifications of the 2015 date in the Orderly Annexation Agreement, and City Attorney Magnuson stated the agreement provides that after January 1, 2015, the City may by resolution annex any of the remaining phase 4 properties, which includes property between Highway 96 and County Road 15. He indicated that according to statute, platted properties are not eligible for detachment from the City, which is why those properties in the Orwell Court area were not detached in the past. Mr. Turnblad also pointed out those properties that currently receive City services, water and sewer, would not be approved for detachment. b) Discussion regarding property recently detached from Lake Elmo and annexed to Stillwater Township Supervisor Johnson stated the Township took a neutral position on this request. He pointed out that the property owners have made no secret of the fact that they see the appropriate use of the property as commercial. He further stated the Township understands it will simply be a holding spot for that property until it is determined where that property should ultimately go. He explained that there are some arguments that would say the property should logically go to Oak Park Heights due to proximity and the potential for providing services to the property. Mr. Johnson suggested the City may want to weigh in on upcoming decisions to have some influence over the future development of the property that is viewed as a gateway to the City. c) Discussion on status and future of the Orderly Annexation Agreement There was discussion as to possible benefits of extension of the Agreement and the Joint Board process. Supervisor Johnson thought there were significant advantages to the discipline orderly annexation has imposed on both communities, and that there would be benefit to some process /mechanism that provides future opportunity for dialogue and disciplined discussion in the areas of planning. Mayor Harycki suggested the next step might be for the two communities to direct staff to look at an extension of the agreement, without identifying any future phases, perhaps tying the expiration date to the Metropolitan Council's 10 -year plan. Mr. Johnson pointed out that the current agreement provides for it to survive until 2020 protecting property owners specifically in areas of tax adjustments. He also would encourage the communities to look at the concept of having a continuing mechanism for dialogue that has some discipline /structure to it. Discussion reverted back to the Murphy annexation request. Supervisor Untiedt suggested the Murphy annexation is key to any long -term annexation policy, especially if Highway 96 is agreed to as an ultimate boundary. Supervisor Johnson explained that he thought the Murphy Page 3 of 13 City Council Meeting May 1, 2012 annexation is a different case, and that the policy of the Township and Orderly Annexation Agreement was clearly to provide property owners with flexibility to request or not request annexation based on contiguousness and City acceptance. Supervisor Hiniker added that he thought the Murphy annexation should be denied because of precedence it might set. Supervisor Countryman spoke in favor of approving the request because infrastructure is available and the property is contiguous, as required by the policy in place. Councilmember Menikheim spoke in favor of extending the Orderly Annexation Agreement in some form, and regarding the Murphy request, he spoke of the cost of extending services, and that he didn't think now was the time to do that. Councilmember Polehna spoke of the work facing the City with the annexation of property already agreed upon and questioned the benefit of approving the Murphy request. He also agreed with the need for continued cooperation between the two communities. Councilmember Roush stated he was leaning against the requested annexation as he likes clean borders, rather than piecemeal annexations. Mayor Harycki expressed concern that approval might be paving the way for additional requests in that area. Motion by Councilmember Polehna, seconded by Councilmember Roush, to deny the Murphy annexation request. All in favor. Regarding the issue of the possible extension of the Orderly Annexation Agreement process, Supervisor Johnson noted there appears to be consensus to do that in some form. He suggested that the City and Town planning staff should be involved in developing such an extension. Mr. Johnson asked whether the Township's involvement in the planning process for the annexation area would automatically end at 2020, and City Attorney Magnuson responded that he thought the intent was to give all those properties in the annexation area 5 -years tax relief and the opportunity to have the Township involved in ultimate zoning of the parcel, with the 5 -year period based on the actual date of annexation. It was noted that issue could be addressed in the document extending the agreement. Mayor Harycki suggested a motion to direct staff to begin working with the Township to develop some form of extension for the Annexation Agreement. Councilmember Polehna noted the agreement is already in place until 2020 and many things could change between now then. City Attorney Magnuson expressed that the biggest challenge the City and Town will face is with the properties that will be annexed at the late date, and that perhaps an extension could develop a framework to deal with those properties. Supervisor Untiedt noted the public perception is that the agreement ends in 2015 so anything that can be done to clarify that would be good. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to direct staff to address the Orderly Annexation Agreement with Stillwater Township for possible future extension. All in favor. Supervisor Johnson asked for input regarding his suggestion that the City may want to take an active interest in the ultimate development of the property recently detached from the City of Lake Elmo. Mayor Harycki and Councilmember Polehna both spoke in favor of taking an active interest in that process. Page 4 of 13 City Council Meeting May 1, 2012 Community Development Director Turnblad pointed out that what is being suggested is the opportunity to put some use and design controls in place before it can be annexed by another municipality. Mr. Turnblad also suggested that staff could begin outlining policy issues for the property to be brought to the Council and to a joint meeting, if necessary. Supervisor Johnson related a concern about a recycling operation in the detached area that has been allowed to expand beyond the rules of the original conditional use permit, and that the Town Board is encouraging Washington County to take the lead in determining what is actually occurring there. It was decided to schedule joint workshops on a more regular basis, perhaps every six months. City Administrator Hansen was asked to add that to the Council's work plan. Councilmember Polehna noted the Township would be contacted regarding possible participation in funding for an expanded basketball /volleyball facility at the new armory. Councilmember Roush noted the Joint Cable Commission is currently in the process of negotiating the refranchising process; he suggested input from the Township regarding requested services would be welcome and should be provided by the end of the calendar year. The Council meeting was recessed at 5:55 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Absent: Councilmember Cook 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 7:00 P.M. Members of the Fire Department led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Menikheim, seconded by Councilmember Roush, to approve the April 17, 2012, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Fire Chief Glaser presented a plaque to retiring Assistant Chief Rob Zoller recognizing his 30+ years of service to the City. Chief Glaser acknowledged Mr. Zoller's many efforts related to fire Page 5 of 13 City Council Meeting May 1, 2012 prevention and fire safety education. Mr. Zoller expressed his thanks to his family, fellow firefighters, City Council and staff for their support over the years. Chief Glaser provided information on a new product available to prevent/extinguish grease fires. Presentation and discussion for North Hill Community Garden Public Works Director Sanders introduced the request to develop a community garden at the site of the former basketball court at Staples Field. He reported that staff has met with the organizers on several occasions to discuss concerns, and noted the organizers also have appeared before the Parks Commission. Jack Roddy and Ann DeLaVergne gave a presentation outlining the proposal highlighting the benefits of a community garden, details of the site and design of the proposed garden beds, planning process and support, and proposed schedule for opening and work events, pending Council approval. There was discussion of availability of water. Mr. Sanders noted there is a water main on Aspen Street and service would have to be provided to the garden site. He explained that there have been discussions about the garden organization purchasing the materials, with City staff to provide the labor. Ms. DeLaVergne acknowledged the support of Friends of Stillwater Parks and River Market Community Coop. Mr. Roddy talked about the construction of the raised beds. He noted that people are willing to put their own money into building the garden, and that it is his understanding that the City' will own whatever is built at the site. He added that the garden plots will be open to everyone, on a first -come, first - served basis yearly. He also indicated that there is a lot of support from people who don't want a plot, but who want to be involved in the effort in some way. Mayor Harycki asked about the process for assigning the plots, and Mr. Roddy answered that the garden group would do the assigning on a first -come, first - served basis. Mr. Roddy added that the organization has an elected treasurer and provisions have been made so no one will be denied access to a plot due to inability to pay the fee. Councilmember Roush questioned whether a lottery system might be a more equitable way to assign plots, suggesting that folks in the inner- circle might have an advantage of knowing when to submit applications. Mr. Roddy agreed that might be true for the first year, but they anticipate that if all members sign up for a plot, there will still be some remaining to be assigned. Mr. Roddy described how the effort started and the efforts made to publicize the garden. Ms. DeLaVergne pointed out that she thinks this effort will show the need for more community gardens in the City, and also noted there is some space available at the Meadowlark Community Garden on County Road 15, so there is the ability to offer more garden space than would be currently available at this site. Councilmember Polehna reported that the Parks Commission had conducted a public hearing on the proposal, and the neighborhood, with the exception of one resident, was very supportive of the plan. He also expressed a concern about the method of assigning plots; he noted the site is public property and he would not be in favor of limiting the use to a certain group of people. City Attorney Magnuson pointed out the proposed license agreement for the use of the land provides that the North Hill Community Garden "shall develop a fair and open process for Page 6 of 13 City Council Meeting May 1, 2012 gardener selection, availability of garden plots should be widely advertised and distribution of plots should be equitable and on a first -come, first - served basis." Mayor Harycki referred to the new members clause which states the organization must follow a "transparent membership process, open to all." Mayor Harycki also suggested the process might be "tweaked" after the first year, and Mr. Roddy replied that everyone is open to that. Mr. Roddy noted the group hasn't been able to extensively publicize /advertise the availability of the plots due to the uncertainty of ultimate City approval. He also noted they have not been able to do any fund - raising or accept any money due to the uncertainty of approval. Ms. DeLaVergne encouraged folks watching the meeting to contact them about organizing a community garden in their area, and provided contact information. Ms. DeLaVergne also noted that the goal is to get people to walk to the gardens, rather than drive, as a means of promoting healthy lifestyles as well as building community. There was discussion of the organizational structure, and City Attorney Magnuson pointed out that it would be better if the group had some sort of legal entity so officers could be elected, with a president who could sign the agreement with the City. Mr. Roddy noted at present there is only one elected official, a treasurer. Mr. Magnuson spoke of potential liability issues and suggested that incorporation limits liability, noting that a simple set of articles would provide some legal formality. Councilmember Roush asked about fees, and Ms. DeLaVergne responded that fees would be used for the materials to build the raised beds, compost, soil, etc. She noted fees would pay for everything that would be built at the site, which becomes City property. She added that if approved by the Council, there is a grant pending from Friends of Stillwater Parks. Mr. Roddy stated it will cost about $7,500 to build the gardens and fill with compost. He reported that the group requested about $4,000 from Friends of Stillwater Parks in order to keep the fee for a 9 x 9 plot at about $80 for the first year, and that fees would drastically decline in subsequent years. Councilmember Roush asked if charter members understand that if they don't get a plot next year, they can't remove the materials used to construct the initial raised plot. Mr. Roddy confirmed that understanding. Ms. DeLaVergne stated that it is important in community gardens to have a core group of people who continue to provide continuity within the garden, so new members are welcomed and understand the rules and process, and added that it would be important to have a core group of people every year. Motion by Councilmember Polehna, seconded by Mayor Harycki to approve the license agreement as presented, but expressed that he would like the membership process provided to City staff to ensure the process is fair and equitable. Councilmember Roush asked that the motion be amended to include that the selection be via lottery after the first year, and on a question by Councilmember Roush about the terms of the Agreement, Mr. Magnuson responded that the agreement has an indefinite term, but is terminable at the will of the City. Mr. Magnuson further explained that the garden reservation form should be considered part of the license agreement. Public Works Director Sanders stated that staff wanted two agreements, one between the garden group and the City, and another for garden membership, outlining the role of the individual Page 7 of 13 City Council Meeting May 1, 2012 gardeners. Mr. Sanders pointed out the license agreement could be changed to be a yearly agreement. Councilmember Roush expressed that he would vote for the agreement if it stated selection in year two and beyond is by lottery. In discussion, it was noted that could be reflected in next year's agreement if the Council chooses. The motion was restated. Motion by Councilmember Polehna, seconded by Mayor Harycki, to adopt Resolution 2012 -072, approving License to use real property, with the change that the agreement is to be renewed annually. Ayes: Councilmembers Menikheim, Polehna and Mayor Harycki Nays: Councilmember Roush OPEN FORUM Rachel Nelson, 4624 2 1/2 St. N.E., Fridley, City Attorney for local business owner, Yassin Wazwaz, spoke about the proposed paraphernalia ordinance under consideration by the Council. She felt this is a widely misunderstood issue and stated she is part of a team of City Attorneys challenging similar ordinances across the state. She stated such ordinances are unconstitutional and discriminatory. Ms. Nelson described alternative forms of tobacco that are smoked in a hookah or other form of pipe. She also talked about the use of herbs that are smoked using the types of pipes that would be controlled by the proposed ordinance. She suggested by targeting the items in the proposed ordinance, the City would be discriminating against people of Middle Eastern descent and targeting people outside of the mainstream culture. She pointed out that there are legal and realistic reasons people would want to purchase the items that would be banned by the ordinance. She stated that should the City pass the proposed ordinance, legal action would be forthcoming. CONSENT AGENDA 1. Resolution 2012 -068, Directing the Payment of Bills 2. Resolution 2012 -069, Commending various Board & Commission members for their service to the community 3. Resolution 2012 -070, Approving deferral of payment for subdivision of property at 1221 North Broadway 4. Possible approval of application for sale of fireworks — Dollar Tree, 2070 Market Drive 5. Possible approval of temporary liquor license — St. Michael's Church, May 20, 2012 6. Resolution 2012 -071, Approval of Change Order #3 Main Street Pedestrian Walkway Public Restroom Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the Consent Agenda as presented. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the appeal of a decision made by citstaff related to the definition of "fence height" located at 626 5th Street North. Notices were mailed to Page 8of13 City Council Meeting May 1, 2012 affected property owners and published in the Stillwater Gazette on April 20 2012. (Will be opened and continued to May 15, 2012 meeting) Mayor Harycki noted it has been requested this case be continued to the May 15 meeting. Mayor Harycki opened the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to continue the hearing until May 15. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Mayor Harycki closed the public hearing. UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1046 an ordinance to create and enact Section 52 -17 of the Stillwater City Code relating to o drug paraphernalia City Attorney Ma gnuson stated there have been no changes since the first reading of the ordinance. He noted the proposed ordinance adopts a number of definitions from Chapter 152 of the Minnesota Statutes, a state law related to paraphernalia, and he added that the balance of the ordinance is almost verbatim from the ordinance adopted by the City of Moorhead, which was challenged and upheld in federal court. Mr. Magnuson indicated that the intent is to control objects that are designed for use ingesting and inhaling marijuana, cocaine, hashish or hashish oil into the human body, and to control these types of illegal substances and the propagation and promotion of anything that facilitates that. He reported that Stillwater is not the only community that has moved to this area as a way of protecting the public health. Mayor Harycki wondered whether the City is obligated to provide for the operation of a tobacco store. Mr. Magnuson answered that he thought there was a chance the City could eliminate all tobacco; Mayor Harycki suggested perhaps the City should look at that. Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Ordinance 1046, an ordinance to create and enact Section 52 -17 of the Stillwater City Code relating to drug paraphernalia. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Beekeeping Standards and Regulations Community Development Director Turnblad relayed that he had looked at other cities' standards and regulations for beekeeping, as requested at the last Council meeting, and reported that an inquiry to the Minnesota City and County Managers' Association resulted in 16 responses: five of the responding cities allowed beekeeping with a variety of standards and regulations; nine did not allow beekeeping; and two had no ordinance in place. He indicated that a matrix of regulations was included in the agenda packet. On a question by Mayor Harycki, Mr. Turnblad answered that the requirement for the provision of a convenient source of water. Mayor Harycki expressed that he liked the City of Minneapolis' ordinance and the requirement for neighbors' consent. Mr. Turnblad noted Minneapolis is most restrictive in that requirement, requiring consent of 80% of neighbors within 100 feet of the property lines, and all immediately abutting neighbors. Page 9 of 13 City Council Meeting May 1, 2012 Mayor Harycki asked Mr. Turnblad if he had any preference for one of the ordinances, and he replied that if the discussion begins at the Planning Commission, the Commission would look at the various options and try to decide which ones are most appropriate for Stillwater. Mr. Turnblad added he thought beekeeping and urban farming were definitely issues that communities across the country are becoming more interested in and is an issue worth examining. Bob Sitko, 10th Street North, spoke of the connection with the recently approved community garden and the importance of bees in pollination. Councilmember Menikheim was encouraged by what he saw with the community garden — the efforts, process, work, and cooperation with the City and suggested that beekeepers take a similar approach. Mayor Harycki suggested referring the issue to the Planning Commission, and Mr. Turnblad expressed that if beekeepers in the area have certain standards they believe in strongly, either for or against, they should make that known before the issue gets to the public hearing stage. Motion by Mayor Harycki, seconded b y Councilmember Menikheim to refer this item to the Planning Commission to take a look at the ordinance. Ayes: Councilmembers Menikheim, Polehna, and Mayor Harycki Nays: Councilmember Roush NEW BUSINESS Possible approval of Rivertown Art Festival Event & Contract — May 18 -20 2012 — Chamber City Clerk Ward noted that the costs listed in the proposed contract agreement were based on the original application. She stated that Community Development Director Turnblad has had additional discussions with the event sponsors. Mr. Turnblad talked about the parking fee, noting that the original proposal was for a fee of $3,627, which covered three days in three parking lots, one of which is a pay lot. He added that the proposal has been revised so the pay lot is not included, which reduces the fee considerably. Mr. Turnblad indicated that staff would also suggest that one of the days be considered a non- weekend day due to the current construction activity, resulting in a recommended fee of $547.50. City Clerk Ward reviewed the other recommended fees and stated that the fees presented are based on the application presented to the City, noting that the fee for City services may be reduced or increased based on actual usage. Chamber Director Todd Streeter briefly addressed the Council. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -073, approving 2012 Rivertown Art Festival Agreement. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Stillwater Omnium and Contract (event approved April 3 2012) In was noted that the event was previously approved by the Council. Page 10 of 13 City Council Meeting May 1, 2012 City Attorney Magnuson pointed out that many of the provisions in the contract were taken from the contract for the Stillwater Criterium bike race. Councilmember Polehna suggested that the language regarding notification of property owners be changed to require such notification, and Mr. Magnuson indicated that could be done. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2012 -074, approving 2012 Stillwater Omnium Agreement, with the change regarding notification. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Consider accepting a donation from the Stillwater Noon Rotary Club towards construction of the pedestrian walkway's seating area Community Development Director Turnblad reported that the Stillwater Noon Rotary Club has voted to make a donation of $13,000 to the pedestrian walkway seating area in Lowell Park. He added that the donation is the club's centennial project honoring the 100 -year anniversary of Rotary International. Mr. Turnblad indicated that a plaque would be placed somewhere in the seating area acknowledging the contribution of Stillwater Noon Rotary. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2012 -075, accepting donation from Stillwater Noon Rotary Club. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval to purchase snowplows Public Works Director Sanders reviewed the request, and noted that the purchase will add to the efficiency of the snowplow operations. He pointed out that money is available in the budget. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the purchase as presented. All in favor. Possible approval to purchase unmarked squad car Chief Gannaway reviewed the request and explained that the new vehicle would replace a recycled forfeiture Trailblazer, utilized by the department, has 140,000 miles on it and is in need of repairs estimated at $3,300. He reported that the vehicle replacement was included in the 2012 budget. Chief Gannaway noted a hybrid version of the recommended vehicle is available for about $10,000 more. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the purchase of the non - hybrid vehicle at a cost of $19,549.55. All in favor. Possible appointment to Board of Water Commissioners Clerk Ward stated George Vania has expressed willingness to serve another term on the Board. Councilmember Menikheim spoke of Mr. Vania's expertise. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2012 -076, Appointment of George Vania to Board of Water Commissioners. Page 11 of 13 City Council Meeting May 1, 2012 Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: None COMMUNICATIONS/REQUESTS Mayor Harycki noted that Sen. Franken would be hosting a college affordability resource event at Stillwater Area High School on May 8th. STAFF REPORTS (continued) Finance Director Harrison pointed out that a proposed budget calendar was included in the agenda packet. She asked the Council to consider some workshop dates, generally scheduled for August. After brief discussion, it was decided to schedule the workshops for July 31 and August 21. COUNCIL REQUEST ITEMS Councilmember Roush indicated that the issue of a dog park would be coming before the Council in the near future. He talked about a city -owned parcel on Shelton Drive that has not yet been considered as a possible location for a dog park. He noted it is a wooded area, which would help conceal the park. Councilmember Roush asked Community Development director Turnblad if staff could be willing to present this location for consideration by the dog park proponents. Mr. Turnblad stated that currently there is an application for a special use permit being made to the Joint Board. He pointed out that if the Joint Board denies the permit, the dog park proponents will start the search process over again. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Pole adjourn at 8:20 p.m. All in favor. i, Mayor ATTEST: AA4 c 4 Diane F. Ward, City Clerk Resolution 2012 -068, directing the Payment of Bills Resolution 2012 -069, commending various Board & Commission members for their service to the community Resolution 2012 -070, a deferral of payment for subdivision of property at 1221 North Broadway Resolution 2012 -071, approval of Change Order #3 Main Street Pedestrian Walkway Public Restroom Page 12 of 13 City Council Meeting May 1, 2012 Resolution 2012 -072, approving License to use real property Resolution 2012 -073, approving 2012 Rivertown Art Festival Agreement Resolution 2012 -074, approving 2012 Stillwater Omnium Agreement Resolution 2012 -075, accepting donation from Stillwater Noon Rotary Club Resolution 2012 -076, appointment of George Vania to Board of Water Commissioners Ordinance 1046, an ordinance to create and enact Section 52 -17 of the Stillwater City Code relating to drug paraphernalia Page 13 of 13