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HomeMy WebLinkAbout2011-04-05 CC MIN`-Mvater rre tIRrrrtIIee or na■aurIt CITY COUNCIL MINUTES April 5, 2011 REGULAR MEETING 4:30 P.M. Manager Leiser and Mayor Harycki called the Joint meeting to order at 4:30 p.m. Stillwater City Council Present: Councilmembers Cook, Menikheim, Polehna (also MSCWMO Board Manager), Roush and Mayor Harycki Absent: None Browns Creek Watershed District Managers Present: Managers Leiser, Vanzwol, Taillon, and Johnson Absent: Manager Pundsack Others: Karen Kill - BCWD Admin Amy Carolan - MSCWMO Admin Chris Klucas — MPCA Larry Hansen, Stillwater City Administrator Dave Magnuson, Stillwater City Attorney Shawn Sanders — Stillwater City Engineer Nancy Manos, Stillwater Admin Secretary Bruce Were — Resident Dorothy Jachim — Resident OTHER BUSINESS Workshop with Brown's Creek Watershed District Craig Leiser, president of the Brown's Creek Watershed District Board of Managers, called the meeting of the Watershed District to order. The agenda for the Brown's Creek Watershed District was approved by unanimous vote. TMDL study: Chris Klucas, Minnesota Pollution Control Agency (MPCA), provided an update on the proposal to conduct a Total Maximum Daily Load (TMDL) study for Lily, Long and McKusick lakes. He stated that in looking at the data for the three lakes over the past several years, it appears the trend in all three lakes is improving; he added they are either at or achieving water quality standards. He spoke of the requirements/implications of doing a TMDL study. In view of the partnerships and activities taking place for additional water quality improvements and the improving water quality at the three lakes, he noted that it would be his recommendation not to proceed with the TMDL at this time; and that it would be his recommendation to continue with ongoing improvement efforts/plans and keep an eye on water quality trends with the eventual goal of delisting the lakes as impaired bodies.. City Council Meeting April 5, 2011 Mayor Harycki asked how long it might take to achieve delisting; Mr. Klucas replied that the Agency looks at trends and that McKusick Lake could possibly be delisted based on preliminary review of most recent data. Mr. Klucas explained the process for delisting. Mayor Harycki asked if delisting would have an impact on funding to continue improvement efforts; Mr. Klucas explained that funding would be available for protection efforts. Councilmember Roush asked if aesthetic improvements, such as algae management, would be eligible for protection funding should McKusick Lake be delisted; Mr. Klucas replied that would have to be looked into and suggested funding from other state agencies might be available for that. Councilmember Polehna asked about the grading for Long Lake, B-, whether that applied to the lake overall or just one area of the lake. Karen Kill, Brown's Creek, replied that the B- is the overall rating, noting that is based on measurements at the north end of the lake, the deepest part of the lake, the official monitoring area; she explained the D+ rating is for the southern end of the lake, the shallowest portion of the lake, with a C rating for the middle portion of the lake, also shallower. On a question by Mayor Harycki, Amy Carolan, Middle St. Croix Water Management Organization, responded that Lily Lake is rated a C+, the same as 2010; she added there has been no significant trend as either improving or declining at this time, noting that the lake has fluctuated between a B and C in the past several years. Motion by Councilmember Polehna asked that he be provided with the Long Lake elevation data for the past several years; Ms. Kill indicated she would provide that information. Water Quality Improvement Projects: Ms. Carolan highlighted Middle St. Croix Watershed Management Organization planned water quality improvement projects: sub -watershed assessments for both Lily and McKusick lakes; Stillwater street reconstruction grant. She stated that the focus of the sub -watershed assessment was to identify projects for both lakes that would be the most efficient way to capture phosphorus and other nutrients and prevent them from getting into the lakes. She explained how the assessments were done, focusing on the one done for McKusick Lake; she noted that the assessments indentified areas where projects could be located to reduce the desired amount of nutrients. She pointed out that implementation of the findings of the assessments will begin this summer around Lily Lake, beginning with the northeast corner of the lake; she reported that the WMO received funding of $43,000 and plans to install about 23 residential rain gardens in the area. At McKusick, she explained that application has been made for $25,000 to do the same type of project, which is hoped also will begin this summer. She added that the WMO also received $70,000, which will go directly to the City's street reconstruction projects and will focus on water flowing to the St. Croix River. Ms. Kill highlighted Brown's Creek projects: Brown's Creek thermal reduction grant at Oak Glen; Long Lake north Marketplace sub -watershed assessment; diversion drainage iron enhanced sand filer at Settler's 5th Addition. She described the Marketplace assessment and noted that 134 rain gardens have been identified to achieve the goal of 35% reduction in nutrients. She also talked about efforts through Oak Glen golf course to restore 1,300 linear feet of Brown's Creek and install about 2 acres of buffer; and that models indicate they might be able to lower the maximum creek temperature by about 6 degrees, back to a tolerable level for cold water fish. She briefly described the technology of iron -enhanced Page 2 of 15 City Council Meeting April 5, 2011 sand filtration system that is planned for the Settler's Glen 5th Addition in the diversion structure drainage area; she noted that this is new technology and an experimental project. Later in the discussion, Councilmember Roush asked about the reason for the thermal warming of Brown's Creek; Ms. Kill and Mr. Leiser answered that it is primarily due to lack of shade. Shawn Sanders, City Public Works Director, described activities the City will be implementing in conjunction with this year's street improvement project, including rain gardens and pond infiltration impfovements. Other Opportunities for Collaboration: Standardized rules for water quality requirements — Mr. Sanders noted that currently there are different requirements for the Brown's Creek Watershed District, Middle St. Croix WMO and Carnelian -Marine Watershed District, in addition to the City's regulations. He suggested that when the WMO plans are revised in the future it might be good to address this issue. Mayor Harycki noted the current situation leads to some inefficiencies. Ms. Leiser noted this issue has been the topic of discussion among Minnesota Association of Watershed Districts, Soil and Water Conservation Districts, the League of Minnesota Cities and Association of Minnesota Counties; he pointed out that the four -agency group has submitted a white paper to the Legislature for consideration that might result in the consolidation of agencies/efforts. Armory update — Mr. Leiser noted there have been a lot of questions about this project and its implications. Stillwater Community Director Tumblad reviewed the site and the wetlands located on the site. He stated that there will be many opportunities for capturing runoff from parking lots and impervious surface. He reviewed a possible project schedule and noted information is available on the City's web site. Mr. Leiser expressed that there are two issues of concern — significant addition of impervious surface and potential for oil/grease from vehicle maintenance; he noted that the Watershed would like to be an active participant in the planning process. Mr. Turnblad addressed the issue of vehicle maintenance, noting that large vehicles will not be at this facility. It was noted that this armory facility likely will generate less traffic than if the area were developed residential. Mayor Harycki noted the Guard is subject to all local rules. Long Lake shoreline/park projects — Ms. Kill stated the District has been working with Stillwater Parks on buckthorn removal along the east shore of Long Lake, part of a larger grant to do restoration of native plants in the parkland area. She indicated that the District has also been in conversation with Stillwater staff regarding some ideas for prairie restoration in the Long Lake area. Brown's Creek biota — Ms. Kill explained the Brown's Creek biota TMDL has been completed. She pointed out that the next step is the implementation plan; she noted they must meet a 74 % reduction in sediment loads to the creek. She added that they will be working with City staff regarding some ideas for future projects. Mr. Leiser stated the copper level is no longer an issue; and that in a second round of testing, the copper was gone. Mayor Harycki asked about the cost of rain gardens; Ms. Carolan noted there are cost- sharing funds available for those in a project area and also homeowners can request and Page 3 of 15 City Council Meeting April 5, 2011 receive technical assistance to install their own. There was discussion of maintenance of rain gardens. Councilmember Menikheim spoke of the collaboration involved here and suggested it ought to be publicized. The Brown's Creek Watershed District was adjourned at 5:50 p.m. The Council was recessed until 7 p.m. RECESSED MEETING Mayor Harycki called the recessed meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Community Development Director Turnblad Public Works Director Sanders Administration Secretary Manos PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES 7:00 PM Motion by Councilmember Polehna, seconded by Councilmember Cook, to approve the March 15, 2011, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Possible an roval of Special Event — Gopher to Badger Race — Mark Bongers City Administrator Hansen noted this race has been going on since 1998. The only concern he had was with the changes to the Special Events requirements, noting the race has grown to include about 1250 runners. He indicated the organizers are asking for approval of the event and variance to the noise ordinance as the race starts with some amplification, noting that has never been an issue in the past. Mayor Harycki asked about parking arrangements for participants. Fire Chief Glaser noted this race is a half -marathon and explained generally runners park in Hudson and are bused to the start here at Brown's Creek. On a question by Councilmember Polehna and Mayor Harycki, Mr. Turnblad replied that the same standards of the new Special Event regulations have been applied to this event. There was a question about park fees; Mr. Turnblad explained a park fee is only charged where large events have excessive impact on sod, in which case there is a $500 park impact fee. In this case, Mr. Turnblad added, the event only uses the gravel parking lot for the race start. Page 4 of 15 City Council Meeting April 5, 2011 Motion by Councilmember Roush, seconded by Councilmember Menikheim, to approve the special event. All in favor. OPEN FORUM Karen Garley, 13295 Boutwell Road, spoke of a recent meeting with National Guard representatives and City representatives. She expressed concern about an issue raised during that meeting — whether the City will have access to its fire station in the event of an emergency should it be co -located with the Armory. She asked that the City obtain a written guarantee from the National Guard that the City will have that access. Mr. Turnblad responded that will be part of the written agreement with the National Guard, and agreed that should be covered in the agreement. Lisa Marie Nelson, resident of Stillwater suggested that the bridge proposal is an anachronism that the growth the bridge was designed to carry 20 years ago is over. She spoke of the loss in property values and questioned how a new bridge will help the housing crisis. Dorothy Joachim, 1624 McKusick Lane, expressed concern about maintaining the water quality of Lake McKusick during the 2011 street improvement project, noting that people are spending thousands of dollars trying to get the water clean; she added there is a lot of sediment from the road project that gets washed away. She stated that she hopes that is a big part of the discussion/public hearing on this year's street project. Public works Director Sanders reviewed actions taken to collect sediment. Ms Joachim suggested that the contractor doesn't always maintain the collection devises; Mr. Sanders invited calls from residents who notice anything wrong. STAFF REPORTS Police Chief Gannaway reported that the department would begin staffing the temporary levee later in the week. Community Development Director Turnblad stated the federal government has released a portion of the 2010 census data. He reviewed some of the information, including population, noting that the population of 18,200 represents about a 19% increase over the last decade. He stated during that same timeframe, there was about a 37% increase in the number of households. He also reviewed house vacancy rates, noting that citywide that rate is 6.6%, a three -fold increase over 2000; he also reviewed rates by ward, noting that Ward 2 has a 12.3% vacancy. He also reviewed population by ward, suggesting these figures indicate there may be a need for redistricting of the wards. Councilmember Cook expressed concern about the Ward 2 vacancy rates and that she would like the City to look into that issue further and determine whether there is something the City needs to be thinking about to deal with that issue. Mr. Turnblad noted more detailed census data will be released in the next several months. Public Works Director Sanders updated the Council on flood preparations, noting that conditions are changing daily. He referred to previous flood forecasts and that the prediction is now for less than a 30% chance of the river reaching a 690' elevation. He added while the predictions for severity of flooding seem to be waning, the City isn't necessarily out of the woods yet. He pointed out that there was one crest last week, with a second crest, about 2' higher, expected during the upcoming week. He noted that the City is making use of the Jersey Page 5 of 15 City Council Meeting April 5, 2011 barriers, poly and sandbags, which will provide protection to about a 689' elevation. He noted that the Weather Service has indicated the flooding could go on until the end of the month and suggested there will be some disruption to the downtown parking areas for quite some time. Mr. Sanders reported that there are two vacancies on the Traffic Committee and invited interested persons to visit the web site for application information. City Administrator Hansen reported that he is continuing to monitor activity at the state Capitol. CONSENT AGENDA 13. Resolution 2011-48, directing payment of bills 14. Resolution 2011-49, approval of police officer declaration of Jeremy Buberl for PERA 15. Possible approval of temporary liquor license for Church of St. Michael 16. Resolution 2011-50, approval of Comcast Business Services for the parking ramp. Councilmember Cook asked that Item 14 be pulled for discussion. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the Consent Agenda, minus Item 14. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Regarding item No. 14, Councilmember Cook questioned why this had to come before the Council. City Administrator Hansen indicated he had contacted the City's labor attorney and PERA for advice; as well as Finance. Director Harrison, and those approvals/declarations for PERA have always been handled by resolution. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve Item 14. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS This is the date and time for a public hearing to consider the transfer of an Off -Sale liquor license from Raeburn & Associates DBA: MGM Liquor Warehouse to CWPHRC, Inc. DBA Stillwater Liquors 1920 Market Drive Stillwater MN Chad Wichmann applicant Notice was published in the Stillwater Gazette on March 24, 2011. City Administrator Hansen noted this is a fairly straightforward license transfer. Mayor Harycki opened the public hearing. No comments were heard, and the hearing was closed. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2011-51, approving the transfer of the Off -Sale liquor license from Raeburn & Associates DBA: MGM Liquor Warehouse to CWPHRC, Inc. DBA Stillwater Liquors, 1920 Market Drive, Stillwater, MN, Chad Wichmann, applicant. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 6 of 15 City Council Meeting April 5, 2011 This is the date and time for a public hearing to consider the issuance of a Wine with Stroniz Beer Liquor License to Gartner Restaurant Holdings LLC DBA: Mara Mi Cafe located at 201 Main Street South Suite 100 Stillwater MN, Greg Gartner, applicant Notice was published in the Stillwater Gazette on March 25 2011 Mayor Harycki noted this would be subject to the regular conditions of approval by police, fire, finance, building inspections and Minnesota Liquor Control. Councilmember Cook asked if there is any limit to the number of such licenses that can be issued; City Attorney Magnuson responded that at one time, there was a limit, but a change in state statute was made that makes the number of licenses unlimited for restaurants and hotels. Mayor Harycki opened the public hearing. No comments were heard, and the hearing was closed. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2011-52, approving the issuance of a new Wine with Strong Beer Liquor License to Gartner Properties LLC, DBA: Mara Mi Cafd located at 201 Main Street South, Suite 100, Stillwater, MN, Greg Gartner, applicant. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None This is the date and time for a public hearing to consider the issuance of an Off -Sale liquor license to Gartner Properties LLC DBA Company by Mara Mi to be located at 201 Main Street S Suite 101, Stillwater, MN, Greg Gardener, applicant. City Administrator Hansen indicated this request involves off -sale in the same building as the on -sale. In order to do that, he explained that there must be a separate entrance. There can be a common hallway, he noted, and that Liquor Control has looked at the plans and given preliminary approval. Councilmember Roush noted the Legislature currently is considering Sunday off -sale sales and asked a representative of the applicant whether they would favor that change; the representative responded they would favor that legislation. Mayor Harycki opened the public hearing. No comments were heard, and the hearing was closed. Councilmember Cook spoke of the retail/family atmosphere of the location and suggested that the off -sale doesn't seem to fit. Kathy Koerner, 11120 Mayfield Avenue, representing the applicant, stated off -sale will be wine and strong beer to complement the business of weddings, parties. She indicated customers can purchase items in the store and could, for example, purchase a bottle of wine to go along with those items if they desired. She noted the cafe portion of the business will be changing to serve sandwiches and salads, along with wine and strong beer. The store itself is separate; she added the intent is to feature high-end wine and some local brewery beer that can be purchased in the store instead of having to go to a different location. She stated the intent is that someone could do all their shopping for an event at one location. Page 7 of 15 City Council Meeting April 5, 2011 On a question by Councilmember Roush, City Attorney Magnuson answered that Stillwater does not have a limit on off -sale licenses. Motion by Councilmember Polehna, seconded by Councilmember Roush, to adopt Resolution 2011-53, approving the issuance of a new Off -Sale liquor license to Gartner Properties, LLC. DBA Company by Mara Mi to be located at 201 Main Street S, Suite 101, Stillwater, MN, Greg Gartner, applicant. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None UNFINISHED BUSINESS Request for reconsideration by Stillwater Family Dental to lease eight parking spaces in the parking ramp lot. Community Development Director Turnblad reviewed the request and previous action on the request. He explained that if the Council wished to reverse its previous decision, a condition would be added that the price for the leased spaces would be the same as spaces in the upper level of the ramp or $960 for 2011. On a question by Mayor Harycki, it was noted the lease would be for business hours only. It also was noted that the lease is reviewable after one year. Councilmember Cook asked whether a covenant with Trinity Lutheran Church regarding parking requires that the spaces in question be kept open to the public; City Attorney Magnuson responded that he thought these spots were not part of the publicly dedicated spaces. In discussion, it was noted that if these spaces are leased, there will still be in excess of the open spaces available for the Post Office use as required by the original development agreement. Councilmember Roush pointed out that since this request was first made, the City has purchased new technology for the ramp which will enable businesses to validate customers' ramp parking tickets; he wondered whether the dental practice's clients might be better served by being able to park in the covered portion of the ramp and still have free parking via validation of parking tickets. Dr. Rose Perpich, Stillwater Family Dental, addressed the Council. She noted she has two practices, one of which is for residents of Boutwell's Landing; she also talked of her interest in geriatric dentistry. She stated that the issue is more of walking distance and weather conditions and that she wanted those patients and caregivers to be able to be as close to the office as possible. Councilmember Roush indicated he has changed his original position on the request due to the concession of having the spaces clearly marked for business hours only. Dr. Perpich stated she will be buying vouchers for patients as well as the leased spaces, as well as buying permits for her employees. Councilmember Cook clarified the location of marked handicapped spaces in the surface lot; she asked Chief Gannaway about enforcement of such arrangements. Chief Gannaway responded that about the only way to enforce is by complaint. Page 8 of 15 City Council Meeting April 5, 2011 A Trinity Lutheran Church pastor spoke of the original agreement involving the surface lot; he indicated Dr. Perpich needs this lease arrangement and that the church believes it honors the spirit of the arrangement with the City. The pastor stated not approving the lease would have difficult financial consequences for the church. Councilmember Cook noted that the information about the original agreement. with the church and the use of TIF funds was important in this new consideration of the request. Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Resolution 2011-54, approving Stillwater Family Dental to lease eight parking spaces in the parking ramp lot. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None NEW BUSINESS Possible consideration of approval of a 2 -hour Parking zone in front of the businesses at Churchill and 4t' Streets. Community Development Director Turnblad reviewed this proposal. He noted the proposal is the result of a plan to convert a property at 826 Fourth Street S. to a bicycle shop with retail space, caf6 and offices, all of which are permitted uses. However, he pointed out the addition of the caf6 use results in insufficient on-site parking. He noted the Planning Commission reviewed the request for a parking variance and granted the variance conditioned on approval of a two-hour parking zone in front of businesses at that intersection. He noted if the Council denies the proposed two-hour parking, the request goes back to the Planning Commission for reconsideration of the variance. He reported that since the Planning Commission meeting, there have been several discussions regarding this issue and the suggestion has been made that the two-hour limit be enforce up to 6 p.m. only; he indicated staff would be OK with that suggestion. Councilmember Roush asked if there are dedicated parking spaces for second -floor tenants of some of the buildings in the area; Mr. Turnblad reviewed the parking arrangements that he is aware of. Councilmember Roush asked if landlords are required to provide dedicated parking for residential tenants of commercial buildings. Mr. Turnblad responded that it is required, but in most instances of such historic commercial properties, there is not sufficient on-site parking. Councilmember Polehna suggested perhaps limiting the two-hour parking limit to certain times of the year when people leaving bikes for day -long rides wouldn't be a problem. Steve Meister, Meister's Bar and Grill, noted this is a South Hill business district that does have a unique hardship in that it is the only intersection in the City outside of the downtown with businesses on all four comers and totally surrounded by residential area. He pointed out that parking in the area has been on a first-come, first -serve basis for many years with no major problems for the businesses located there. He suggested to restrict or limit parking at this point would be more detrimental than beneficial to businesses. He spoke of the potential problem of cyclists parking their cars all day; he suggested that the businesses catering to Page 9 of 15 City Council Meeting April 5, 2011 those customers should advise them of parking lots several block away that could be used for that purpose. He suggested leaving the parking situation as is. Councilmember Menikheim stated that he did an informal count of parking spaces in the area and came up with 64 or 65 spaces; he added people are accustomed to turning over the spaces and also questioned enforcement of a two-hour limit. Mayor Harycki stated that he would be inclined to leave the parking as is and look at it in the future if it becomes a problem. Councilmember Cook noted this proposal involves a different kind of use with more parking needs, which is what the Planning Commission is trying to anticipate. There was discussion as to what happens if the Council does not adopt the two-hour limit and whether the Council could grant the variance. City Attorney Magnuson suggested that this could be treated as an appeal or there will be further delay and ultimately the variance might come back to the Council at any rate. Amy Goetz, 912 Fourth St. S., expressed that she didn't feel there is a parking problem, and added she felt the two-hour limit would make the situation worse. Lee Stylos spoke to the concern about cyclists parking their cars in the area for an extended period of time; he indicated that he had contacted the cycling club and told them to stage their rides from the Junior High parking lot. He added that he thought they had resolved that issue, without the need for a two-hour limit, and that he had not asked for the parking limit. Councilmember Cook noted that Mr. Stylos' proposed use results in a five-spot parking deficit, which she thought was the impetus for the proposed two-hour limit. City Attorney Magnuson suggested that the problem is the result of trying to apply the requirements for parking in an area where it is impossible to comply with; he spoke of the history of this commercial district and suggested that enforcing current parking regulations or requiring a variance should be re-examined. Mr. Magnuson also suggested that the parking regulations may not be legally binding in this instance because the commercial district is a non- conforming use. In response to Councilmember Cook's question about the five spaces; Mr. Stylos replied that he thought the two-hour limit suggestion was the result of the concern about the long- term parking by some bikers, rather than a concern about the parking deficit created by the new use. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to consider this an appeal and grant the parking variance without the two-hour parking limit. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible consideration of approval of an invoicing program for businesses that received narking variances downtown with the condition that they pay for monthly parking_ permits Mr. Turnblad explained that since the mid-1990s, whenever parking variances are requested in the downtown, a condition of approval has been the purchase of monthly parking permits equal to the number of deficit parking spaces. Payment for the monthly permits has been on an honor system, he pointed out, and most businesses pay for the permits. However, several Page 10 of 15 City Council Meeting April 5, 2011 businesses have not paid for the permits, sometimes because a property has changed hands and the new owner is not aware of the requirement. Mr. Turnblad asked for authority to create a system for invoicing the businesses that have not paid for a time; he noted that it would be something of a reminder system. Also, he added the proposal is not to do this retroactively. Councilmember Polehna suggested a phone call might be sufficient and if the permits remain unpaid, then invoice the business. Mr. Turnblad also asked for approval to create an ordinance that would make it possible to allow delinquent payments to be certified for collection with property taxes. Council was in consensus to proceed with creating that ordinance as well. Possible gp roval of the first reading of Ordinance 1028 an ordinance amending the Stillwater City Code by enacting social host regulations City Attorney Magnuson explained that a committee has been meeting with representatives from Washington County for the last several months who are pursuing passage of such ordinances as a way of cutting down on teenage drinking. He indicated that he had taken the violation provision out of a model ordinance as the definitions in the model ordinance are already in City Code. He briefly reviewed the proposed ordinance. Councilmember Cook stated that she thought this was important and another tool to help combat the issue of teen alcohol abuse. Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the first reading of Ordinance 1028. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible appointments/reappointments to Downtown Parkin Human Rights, and Plannins Commissions. Motion by Councilmember Cook, seconded by Councilmember Roush, to adopt Resolution 2011-55, approving appointments/reappointments to Downtown Parking, Human Rights, and Planning Commissions. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of Brad Junker exemption from Resolution 2003-98 Section 3.3. Mr. Hansen reviewed the request and Fire Chief Glaser's memo. He indicated his recommendation is to retain the policy but exempt this employee as the City did with two other employees; he added the proposal was reviewed by the City's labor City Attorney. Councilmember Cook asked why the City would keep the policy in place if it is going to make exemptions. Mr. Hansen responded generally, the City would not want an employee to have two full-time positions. Councilmember Cook expressed a concern that this seems specific to individuals; Councilmember Menikheim echoed that concern. There was discussion of the Fair Labor Page 11 of 15 City Council Meeting April 5, 2011 Standards Act which resulted in the City's resolution that requires the recommended exemption. Motion by Councilmember Menikheim, seconded by Councilmember Roush, to adopt Resolution 2011-56, approval of Brad Junker exemption from Resolution 2003-98, Section 3.3. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook Councilmember Cook added her vote was based not on the individual but on the resolution in question. Possible approval of hiring Public Works employee replacements Public Works Director Sanders reviewed the request. He explained that the recent retirement of two employees will impact the department significantly. He reviewed the financial impact of the request to hire two new maintenance employees, noting that one of the previous employees was paid through the Stormwater Utility Fund, which does not affect the general budget; he pointed out that overall, there would be a cost savings of about $12,000, as the two new positions will be entry-level positions. City Administrator Hansen explained his reasoning for his recommendation to hire one of the requested positions and wait on the second pending the outcome of the 2011 Legislative session, noting the Legislature could still cut aid to the City by about $500,000. Councilmember Polehna suggested ranking the interviewed persons to avoid having to begin the process over again should it be possible to hire a second person. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the hiring of one replacement employee, based on City Administrator Hansen's recommendation, and create an eligibility list for the second employee pending the outcome of the Legislative session. All in favor. Possible approval of hiring seasonal Public Works employees Mr. Sanders reviewed the request to hire two seasonal employees. He reviewed the duties of the employees and noted they would be paid through the Sewer Enterprise Fund. Councilmember Polehna suggested it might be possible to hire three seasonal employees if the pay rate was lowered. Mr. Sanders added he would look at that possibility. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the hiring of seasonal employees as presented. All in favor. Possible approval of a resolution supporting the Minnesota Department of Natural Resources purchase of the Minnesota Zephyr Railroad Line for the Browns Creek State Trail. City Administrator Hansen noted that the DNR is applying for bonding money for purchase of the trail as well as LCMR funds. He noted that the resolution would be forwarded to the City's state delegation. Councilmember Menikheim noted a typo in the 4th Whereas. Page 12 of 15 City Council Meeting April 5, 2011 Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2011-57, approval of supporting the Minnesota Department of Natural Resources purchase of the Minnesota Zephyr Railroad Line for the Browns Creek State Trail. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible pproval of Bond Resolution of Tax Increment Refunding Notes 2011 Territorial Springs, LLC Project Series 2003 and 2004. City Attorney Magnuson reviewed the request, noting that this would not cost the City anything. He explained the responsibility of the guarantee for debt service. On a question by Councilmember Cook, Mr. Magnuson explained the use of TIF for the Territorial Springs project and that the City is not the party that sought this refinancing. Motion by Mayor Harycki, seconded by, Councilmember Polehna, to adopt Resolution 2011- 58, approval of Bond Resolution of Tax Increment Refunding Notes 2011, Territorial Springs, LLC Project Series 2003 and 2004. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Bridge Discussion. Mayor Harycki reviewed recent developments and stated that support seems to be lining up for the project, but noted there are many forces in play at the state level. He spoke of the need for someone at the state capitol representing Stillwater's interests and referred to a proposal to use some of the City's reserve funds to hire a legislative consultant to keep an eye on the legislative process related to the bridge and other City issues. Councilmember Cook asked whether this needed to go through the bidding process; City Attorney Magnuson stated consultant services, such as this, are considered exempt from the public bidding requirement. Councilmember Cook referred to her previous statement and position regarding the bridge and added she couldn't see taking taxpayer dollars to pay a lobbying/advocacy group at this point. Councilmember Polehna spoke of providing support for the Zephyr trail purchase as well. Councilmember Roush indicated that he would like to have a 30 -day right to rescind included in the agreement. Councilmember Menikheim suggested that the movement regarding the bridge has been based on the City's position regarding the safety of the lift bridge and agreed that the City needs some assistance to help bring that issue forward, along with other issues. It was consensus to move forward with securing the services of the group as proposed, with the agreement language regarding right to rescind and other possible efforts developed for the next Council meeting. Page 13 of 15 City Council Meeting April 5, 2011 Mayor Harycki suggested directing the City Attorney to draft a memorandum of understanding to engage the legislative consultant services until the definitive contract is in place. A vote was taken on Mayor Harycki's suggested action. Ayes: Councilmembers Menikheim, Polehna, Roush and Mayor Harycki Nays: Councilmember Cook COMMUNICATIONS/REQUESTS Open Book Meeting Announcement City Administrator Hansen read the announcement regarding the dates for the Open Book meetings for the purpose of reviewing and appealing real estate valuations. COUNCIL REQUEST ITEMS Sunday Liquor Sales Councilmember Roush noted HF375, allowing the option of Sunday off -sale liquor sales, has passed the Senate Commerce Committee and is scheduled to go to the Senate Finance Committee. He spoke of the economic disadvantage the current prohibition of Sunday off - sale puts border communities, such as Stillwater, at, noting that the proposed change is estimated to result in up to $10.6 million in Minnesota tax revenue. He reiterated that this proposal is an option for Sunday off -sales; he indicated that he would like to present a resolution at the next Council meeting supporting the adoption of the proposed legislation and asking the City's state delegation to support its passage. Councilmember Cook noted that she had spoken with liquor dealers in her ward and received polar opposite reactions from each one, noting that the business person who favored the current law suggested they would be forced to stay open on Sunday if the bill passes in order to compete, and also that the proposal would increase their costs. Councilmember Menikheim asked that additional input be brought back when the Council considers the resolution of support; Councilmember Roush suggested that he contact liquor sales establishments in his ward. Beyond the Yellow Ribbon Councilmember Polehna reminded the Council and public of a Yellow Ribbon Committee meeting at Lake Elmo Fire Hall that will feature a presentation regarding a Place of Grace for returning service people who are having difficulty. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, to adjourn at 9:40 p.m. All in favor. �-" Page 14 of 15 City Council Meeting ATTEST: Diane F. Ward, City Clerk April 5, 2011 Resolution 2011-48, directing payment of bills Resolution 201149, approval of police officer declaration of Jeremy Buberl for PERA Resolution 2011-50, approval of Comcast Business Services for the parking ramp. Resolution 2011-51, approving the transfer of the Off -Sale liquor license from Raeburn & Associates DBA: MGM Liquor Warehouse to CWPHRC, Inc. DBA Stillwater Liquors, 1920 Market Drive, Stillwater, MN, Chad Wichmann, applicant Resolution 2011-52, approving the issuance of a new Wine with Strong Beer Liquor License to Gartner Properties LLC, DBA: Mara Mi Cafe located at 201 Main Street South, Suite 100, Stillwater, MN, Greg Gartner, applicant Resolution 2011-53, approving the issuance of a new Off -Sale liquor license to Gartner Properties, LLC. DBA Company by Mara Mi to be located at 201 Main Street S, Suite 101, Stillwater, MN, Greg Gartner, applicant Resolution 2011-54, approving Stillwater Family Dental to lease eight parking spaces in the parking ramp lot Resolution 2011-55, approving appointments/reappointments to Downtown Parking, Human Rights, and Planning Commissions Resolution 2011-56, approval of Brad Junker exemption from Resolution 2003-98, Section 3.3 Resolution 2011-57, approval of supporting the Minnesota Department of Natural Resources purchase of the Minnesota Zephyr Railroad Line for the Browns Creek State Trail Resolution 2011-58, approval of Bond Resolution of Tax Increment Refunding Notes 2011, Territorial Springs, LLC Project Series 2003 and 2004 Page 15 of 15