HomeMy WebLinkAbout2010-09-07 CC MIN"illwater
11E EIETMFIACE !f ■IEA EIEIA
CITY COUNCIL MEETING
September 7, 2010
REGULAR MEETING
Mayor Harycki called the meeting to order at 4:30 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
Administration Secretary Manos
OTHER BUSINESS
Lumberjack Days & Marathon Debriefing
4:30 P.M.
Dave Eckberg, St. Croix Events, provided the Council with an overview of this
year's marathon. He stated the event went very well, with participants from 41
states and five countries. He said the event reached the goal of filling all the local
hotel rooms; the Chamber's economic impact study will reveal the amount of
dollars spent. He said there were no particular medical issues and noted there
were about 125 medical personnel on the course this year.
On a question by Mayor Harycki, Mr. Eckberg stated there were slightly under
3,000 entries for the associated races, with slightly over 2,500 who actually ran.
He talked about a new fitness /wellness event that took place this year.
Chief Gannaway said the event went well; the only dramatic thing was that the
course had to be closed due to temperature on the recommendation of the
medical director. Chief Gannaway said that occurred so late in the race that it
affected only a handful of runners. He stated that it was a good learning
experience should future weather - related situations occur.
On a question by Councilmember Cook, Mr. Eckberg said about 400 runners ran
the marathon and that the total number of runners was up about 20% over the
first year.
City Council Meeting
September 7, 2010
On a question by Councilmember Polehna, Mr. Eckberg said about 20
community groups assisted in the races; he talked briefly about issues related to
the water stations.
Mr. Eckberg stated the July 4 th fireworks had spectacular attendance. He talked
briefly about the flyovers, cannon and the associated concerts.
Mayor Harycki talked about the attendance of folks from neighboring
communities that have discontinued fireworks displays. Mayor Harycki also
talked about the good job the police did with traffic at the conclusion of the
fireworks display.
Chief Gannaway said it was a fairly busy night for the police department,
primarily due to the size of the crowd. Chief Gannaway said the only issue that
was drawn to his attention was the fact that there were some vendors occupying
paid parking spots; he said that is something that will have to be addressed in the
future.
Councilmember Cook asked about the vendors present on the 4 th of July and
whether that is part of the Lumberjack Days contract; Mr. Eckberg stated there
have been vendors for about the last 10 years and this is the first year there have
been any comments /complaints.
City Administrator Hansen said he wasn't sure if the contract specifically
addresses vendors, but it has been past practice — it is nothing new. Mr. Eckberg
said if this is an issue, the vendor in question could be moved to the grass and
out of the parking lot area.
Regarding Lumberjack Days, Mr. Eckberg said there were no particular issues.
He said they had a difficult time securing musical units for the parade this year
due to the economy. He said he thought the Chicago concert was incredible and
that the four days of the event went pretty well.
Chief Gannaway said Saturday night, the crowd cleared out fast, with only a
couple of minor incidents during the concert itself. The only issue that came up,
he said, was the lack of a lane going down the middle for electrical cords and that
provided emergency access. He stated that in the future there needs to be lane
of access that is barricaded.
Mr. Eckberg said he had recently visited several Chicago area outdoor concert
venues and will be receiving information from them regarding protocols that they
use for lawn concerts; he said the access issue is one that they will continue to
look at and work on with Chiefs Glaser and Gannaway.
Mayor Harycki asked about re- orienting the stage; Mr. Eckberg said they are
continuing to look at that. Mayor Harycki said he received more comments about
the parade and the presence of so many politicians; Mr. Eckberg talked about the
Page 2 of 23
City Council Meeting
September 7, 2010
circumstances this year regarding the musical units, along with the fact that this
is an elections year with a lot of people running for judge. Mayor Harycki
wondered if there could be a requirement for people marching in the parade to
have live music; Mr. Eckberg said that is an option that could be considered and
agreed that musical units are the heart and soul of a parade.
Councilmember Cook asked Chief Gannaway to expound on his experiences
with Lumberjack Days. Chief Gannaway stated there were some issues after the
Saturday concert with the downtown bars; he said the level of activity was more
than in recent years, but not unlike the activity experienced a number of years
ago. Chief Gannaway said there was one potentially serious incident that is still
being investigated.
Mayor Harycki stated the Council has discussed some modification to the
Lumberjack Days contract. Mr. Eckberg said they are willing to sit down and talk
about issues.
Councilmember Roush said there are a few things in the contract that residents
have expressed concerns about, but said he thought those issues could be
resolved. It was agreed to have Mayor Harycki, Councilmembers Cook and
Roush, and City Administrator Hansen meet with Mr. Eckberg regarding possible
modifications to the contract.
Mayor Harycki noted the marathon contract currently is done on an annual basis;
Mr. Eckberg said for marketing purposes, they would like to be advertising the
marathon as early as October.
It was agreed that Mayor Harycki and Councilmember Polehna would work on
negotiating the marathon contract.
Councilmember Polehna echoed Mayor Harycki's comments regarding the
parade; he also suggested that next year, equipment trucks be parked away from
the concert area so as not to interfere with the audience's views /listening. Mr.
Eckberg suggested that if the stage area is re- oriented, the music quality will be
much better.
Councilmember Polehna expressed appreciation for the National Guard's
assistance in traffic control.
Mayor Harycki suggested the possibility of having a citizens committee involved
in the parade planning; Mr. Eckberg said that he would welcome that.
Page 3 of 23
City Council Meeting
September 7, 2010
Downtown Parking Commission recommendation on fees for private use of public
parking spaces
Community Development Director Turnblad reviewed the Parking Commission's
recommendations for a policy regarding private use of public parking spaces and
fees for such use. He noted there are two proposed rates, one for peak season,
May 1 through Nov. 1, and off - season rates. Peak season rates, as proposed,
would be $15 day per space in lot 1, and $9 per day for all other city parking lots,
as well as on- street parking, excluding Main Street. Off - season rates, as
proposed, would be $3 per day per space, in all lots and on- street parking, for
parking more than 3 hours. Mr. Turnblad also reviewed the proposed policy.
In discussion, it was noted that the recommendation is not to allow any private
use of parking spaces on Main Street.
Mayor Harycki asked about the impact on events such as Brine's bocce
tournament and Summer Tuesday's. Mr. Turnblad stated the fee for the bocce
tournament, since it is an off - season event, would be about $75, while Sumer
Tuesday's, since it is a contract event, would be determined by the contract
negotiations.
Chief Gannaway referred to some of the incidents that resulted in the policy /fees,
incidents such as vendors using public spaces during the 4 th of July and a race
that left a dumpster occupying two public spaces for a number of days after the
event had concluded.
Mayor Harycki clarified that this policy would apply to the downtown commercial
district only and would not affect neighborhood events, such as National Night
Out; Mr. Turnblad noted there is a designated downtown parking district, which
this policy would apply to.
Mayor Harycki asked whether the Chamber and IBA have reviewed the
recommendations; Mr. Turnblad responded in the affirmative. Mr. Turnblad noted
that the Parking Commission is recommending fees are charged for all lots,
including those that are currently free, as those lots will be upgraded and if fees
aren't charged there won't be money in the Parking Enterprise Fund to pay for
the upgrades.
Mayor Harycki asked how that would impact the Car Show; Mr. Turnblad pointed
out that the Car Show is only held during the evening, so the fee would be $3,
and he said if the number gets too high, sponsors may want to go to a contract.
Mr. Turnblad said if the Council agrees with the proposal, it would put it in the
form of a resolution and brought it back to Council.
Page 4 of 23
City Council Meeting
STAFF REPORTS
September 7, 2010
Police Chief Gannaway said he met with both the Chamber and IBA regarding
crime issues; he said it was an excellent meeting, with the focus on the
importance of two -way communication. He said he thought a lot of excellent
information was exchanged on both sides.
Fire Chief Glaser updated the Council on a number of emergency response calls,
including three potentially significant fires, assistance on a drowning at Big
Marine, and a mutual -aid call to Mahtomedi. He noted that since the beginning of
the year, there has been an estimated loss of $414,000 in the department's
district, with the value of the property involved at over $2.6 million, resulting in
$2.1 million in saved property from the department's response. Chief Glaser
stated the Washington County Sheriff's Office's air boat is expected to be
received about the end of October, with training to take place the end of
September /early October. He noted that fire hydrant flushing will begin soon, and
he reminded the community that Fire Prevention Week will take place October 4-
9.
Community Development Director Turnblad stated work has begun on a solar
panel ordinance. He said a draft ordinance would be presented to the Heritage
Preservation Commission and Planning Commission for review before bringing
an ordinance to the Council. He anticipates that it will be early winter before any
draft is ready.
Mayor Harycki asked about some drawings of Commercial Street; Mr. Turnblad
said as part of the Comprehensive Plan, there was a connection, a pedestrian
way, between the parking ramp and riverfront shown; he said that was a very
conceptual plan, but in the past two months a local architect has volunteered to
work on those ideas and sketches are now beyond concept to a preliminary
design. Mr. Turnblad said he thought the preliminary design sketches would be
ready to bring to the Council in the very near future.
Councilmember Roush asked about the status of boat trailer parking. Mr.
Turnblad stated the Parking Commission has not changed its position regarding
not allowing boat trailer parking in City lots. Regarding the boat ramp, Mr.
Turnblad said the two sources of funding that the City had thought would be
available are, in fact, not available. Mayor Harycki suggested the possibility of
doing something inexpensive to accommodate a ramp at the former Cayuga site.
Councilmember Polehna asked about the possibility of the City getting back its
parking easement rights now that the Maple Island project is not moving forward;
City Attorney Magnuson said he has discussed that with the bank, but they are
reluctant to give up the easement at this time.
Public Works Director Sanders stated he met recently with the Corps of
Engineers regarding the levee project; he said there is a new project manager
Page 5 of 23
City Council Meeting
September 7, 2010
and the Corps has a contract for a consultant, SEH, and they have started on the
plans and specifications for the project. He said the anticipated timeline calls for
construction to begin after 2011 Lumberjack Days, with completion in the fall of
2011. Mr. Sanders stated the DNR has informed him that the minimum bid price
for the Jackson Wildlife Management Area property is $177,000 and the DNR
wants to know whether the City is interested in purchasing the property. Mr.
Sanders said there is about three acres that is not in the Brown's Creek wetlands
buffer area.
Councilmember Roush pointed out that a wild species of orchid has been
identified in that area and wondered whether that would prohibit any
development. Mr. Sanders stated the DNR has recommended that no
development occur, but that is just a recommendation.
Councilmember Polehna asked that the agreement giving the property to the
DNR be examined, saying he thought that if that agency decided to get rid of the
property, it would revert to the City. City Attorney Magnuson said he could look at
the title, but said he thought the restrictive covenant on the property had expired
according to state statute.
Mayor Harycki asked if Mr. Sanders had communicated the asking price to
Brown's Creek; Mr. Sanders said he thought Brown's Creek might be interested
in participating in a partnership for the purchase.
On a question by Mayor Harycki, Mr. Sanders said any trail in the Jackson
property would be limited and not connected to any other system, due to slopes
and other restrictions.
Councilmember Cook asked about the status of a Brown's Creek trail connecting
to the Gateway Trail to downtown Stillwater. City Administrator Hansen said he
had received a call indicating that the DNR had reached a property option
agreement with Mr. Paradeau, with a nine -month process for acquiring the
property; he said the DNR is hopeful it can close on the property by the end of
the year.
Mr. Sanders stated he had met with the Minnesota Pollution Control Agency and
that the agency is attempting to set up a network across the state to monitor
groundwater for water quality. He said the MPCA is interested in putting in three
wells in the City; he said the wells would be monitored annually for water quality.
He said there would be no cost to the City.
Mr. Sanders provided information on two Consent Agenda Items, including the
Flood Hazard Mitigation grant agreement, which is matching -grant money the
City received from the state several years ago for the levee project, and the
quote for environmental consulting services for an environmental plan for the
levee project, a portion of which will be paid by DNR grants. He said the City
needs to get the environmental study done for the levee project to proceed next
Page 6 of 23
City Council Meeting
September 7, 2010
spring. Councilmember Polehna asked whether the electric lines would be buried
in conjunction with the levee project. Mr. Sanders said he had met with Xcel
Energy several years ago and the estimated cost of placing the lines
underground was $1.5 million; and that a portion of the cost is Xcel's requirement
for a redundant line. Councilmember Polehna stated that is still something he
would like to pursue.
Councilmember Polehna also stated he had received calls about brushing out
Pioneer Park; Mr. Sanders said that is on the list of things to do.
City Administrator reminded the Council of the upcoming boards and
commissions picnic.
The meeting was recessed at 6:00 p.m.
RECESSED MEETING
Mayor Harycki called the recessed meeting to order 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
Police Chief Gannaway
Public Works Director Sanders
Administration Secretary Manos
PLEDGE OF ALLEGIANCE
7:00 P.M.
Mayor Harycki led the Council and audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Possible approval of the August 17, 2010 budget workshop and regular meeting
minutes and the August 24, 2010 Budget Workshop minutes
Councilmember Cook noted a scrivener's error in the August 17 regular meeting
minutes, page 6, "grating" should be "granting."
Mayor Harycki clarified that the traffic signs referred to in the August 17 budget
workshop minutes were traffic feedback signs, rather than speed tracking
devises; he also asked that the August 24 budget workshop minutes, last
paragraph regarding $5,000 for traffic sign should be clarified to indicate the
$5,000 is for traffic feedback signs.
Page 7 of 23
City Council Meeting
September 7, 2010
Councilmember Roush asked .that the August 24 minutes reflect that he asked
fellow Councilmembers to make weed harvesting of Lake McKusick a priority
and /or to provide budgetary funds for that moving forward.
Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the
minutes as amended. All in favor.
PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS
Pete Orr)ut
Pete Orput, candidate for Washington County City Attorney, addressed the
Council and audience. He provided a bit of his professional background and his
goals as County City Attorney. He specifically spoke of his desire to implement a
veterans' court in Washington County.
Councilmember Polehna thanked Mr. Orput for his assistance with the Yellow
Ribbon Committee.
OPEN FORUM
Richard Kilty, 118 W. Oak St., asked why the City owns a vacant house at 1372
S. Greeley St. and vacant masonry garage at 216 N. Fifth St. and why those
parcels are not put on the market given the economic times and the Council's
discussion regarding cutting library hours.
City Attorney Magnuson noted that the Greeley Street property was acquired as
part of the Lily Lake expansion and used as the park department headquarters
for many years; he said that house has been vacant since the parks department
moved to the new Public Works building. He said the other property is the old
City garage.
Mayor Harycki noted the former parks building is still used for cold storage of
equipment. Mr. Kilty asked why the building on Boutwell Road couldn't be used
for storage. Regarding cutting library hours, Mayor Harycki pointed out that was a
suggestion from the Library Board as a possible way of meeting the budget
target, but the Council unanimously decided it would find the necessary funding
to avoid cutting those hours.
Mr. Kilty spoke of the City's expenditure to provide a site for a new National
Guard armory, noting that the Minnesota National Guard does not have any
money to build facilities; he asked what assurance the City has in the purchase
agreement that the National Guard will build an armory here.
Mayor Harycki stated the City has sent a letter to General Kelly indicating that
before the City's closes on the land, it wants assurances that the armory will in
Page 8 of 23
City Council Meeting
September 7, 2010
fact be built. City Administrator Hansen said he had received a call from National
Guard representatives stating that they are working on providing the City with the
requested assurances.
Mayor Harycki pointed out that General Kelly has indicated these are dedicated
funds for this armory, and that the usual requirement that a host city pays 25% of
construction costs has been waived in this instance.
Mr. Kilty pointed out that funding is dependent on Congress.
Councilmember Polehna said he shared Mr. Kilty's concerns but said the Guard
will provide written assurance that the City will get the project.
Mayor Harycki also noted that the getting the site in question is tied to the search
for a new fire station location. Mr. Kilty said he would hope that the City does not
buy the property until it has funding for the armory.
Councilmember Roush said he would favor selling off the former proposed
armory site south of the Recreation Center to help offset the cost of the land
purchase.
It was noted the National Guard would sell the existing armory, as the City does
not own that.
CONSENT AGENDA
1. Resolution 2010 -129, directing payment of bills
2. Possible approval of use of Lily Lake Tennis Courts for sale of Christmas
Trees — Stillwater Elks
3. Possible approval of Fire Prevention Week Signs /Banner placements
4. Resolution 2010 -130, approval of ICMA -RC Managed Account agreement
5. Possible approval of permit to sell — 3rd Annual Bean Bag Toss Tournament
@ Lily Lake Park
6. Resolution 2010 -131, accepting and approving the quote from Natural
Resource Group Inc.
7. Resolution 2010 -132, approval of Flood Hazard Mitigation Grant Agreement
with the State of Minnesota, Department of Natural Resources
8. Resolution 2010 -133, resolution amending Resolution 2010 -95, Appointing
Election Judges and Fixing Compensation
Councilmember Roush asked about the League of Minnesota Cities Insurance
Trust bill for $106,000 for fireworks endorsement.
City Administrator Hansen said there are actually three bills included and the
computer picks up the first bill entered; the fireworks endorsement is actually
$250, with about $52,000 for workmen's compensation insurance and another
$54,000 for general liability insurance.
Page 9 of 23
City Council Meeting
September 7, 2010
Councilmember Roush asked if the fireworks endorsement isn't something that
the sponsor would cover. Mr. Hansen said fireworks have become a very big
issue, so the League won't cover it unless there is a special endorsement, which
the City has always carried.
Motion by Councilmember Gag, seconded by Councilmember Roush to approve the
Consent Agenda as presented.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki'
Nays: None
PUBLIC HEARINGS
This is the date and time for a public hearing to consider a request from Brian Pilrain,
Roman Market Inc., for a zoning text amendment to the VC- Village Commercial District
to allow a restaurant with alcohol sales. Notices were mailed to affected property
owners and published in the Stillwater Gazette on August 20, 2010
Community Development Director Turnblad reviewed the request. He noted that
currently a family restaurant, as proposed, is not an allowed use in the VC
District; the request is to allow that use with a special use permit. He said there
are three issues remaining after meeting with neighbors, concerned residents,
the property owner and restaurant owners regarding the proposed ordinance
language. He reviewed the issue regarding closing time, noting that the
Homeowners Association has requested a 10 p.m. closing time for all days of
operation, while the draft language provides for a 10 p.m. closing Sunday
through Thursday and 10:30 p.m. on Friday and Saturday. He said the 10:30
p.m. closing on Friday and Saturday is based on the Planning Commission and
Joint Board actions, and that the restaurant owners would prefer the 10:30
closing, but said they could live with the 10 p.m. closing.
Mayor Harycki asked for a clarification of closing time, saying that at the Joint
Board discussion, it was the understanding closing meant "last call for service;"
Mr. Turnblad said what is being suggested is that per the Joint Board
conversation, closing time means the last call for service for both food and
beverage service. Mr. Turnblad said the Planning Commission, Joint Board and
Home Owners Association have agreed to a 60 % -40% food to alcohol ratio; he
noted that is consistent with state law. Regarding parking, Mr. Turnblad noted the
PUD for the District provides for meeting parking requirements through a
combination of means, including on -site parking, on- street parking and cross -
access /cross - parking easements and that the total combination of those means
would enable this proposal to meet the parking requirements. He said neighbors
closest to the VC District are concerned that parking would spill over into the
neighborhood and have requested that signage be posted prohibiting restaurant -
use parking; he said staff is fairly confident that parking can be accommodated in
Page 10 of 23
City Council Meeting
September 7, 2010
the area and noted that the suggested parking signage would be difficult to
enforce. In discussion, it was noted that "resident only" parking signs have been
used elsewhere in the City.
Mr. Turnblad stated another issue is related to kitchen ventilation and the
residual odor that occurs even with ventilation equipment. He said neighbors
would prefer that equipment be utilized that would take out all of the kitchen -
related smells and that in his discussions with the County and potential owners,
such equipment is available, but it is very expensive, in comparison to the normal
hood ventilation systems, and very maintenance intensive.
Mr. Turnblad said there are also issues related to the marketing of alcohol; he
said part of the discussion is that the original intent of the VC zoning district was
that businesses in the district would capture the local market. He said in
discussions it was suggested a stipulation that there be no "happy hour" would
help capture the local market, rather than draw from a regional crowd. Mr.
Turnblad said the Planning Commission and Homeowners Association both put
that stipulation in their recommendation. He said the Joint Board thought that
allowing a "happy hour" that wouldn't go past 6 p.m. would be acceptable. He
stated that the Joint Board also felt there should not be restrictions on regional
advertising and felt having the 60 -40% food to alcohol sales is more effective
than where a business advertises for customers. He said the owners would like
the option of having a "happy hour" and regional advertising to provide them with
more flexibility.
Regarding the issue of outdoor amplified music, he said the Planning
Commission and Homeowners Association both wanted to prohibit live music
and outdoor amplified music. He stated that the Joint Board felt live music
indoors would be acceptable as long as it is kept at a level that it can't be heard
outside, and also felt that allowing recorded music outdoors was OK. He said the
owners would like to be able to have recorded music outdoors.
Mayor Harycki noted there are two public hearings related to this request and
wondered whether it would be acceptable to hold the hearings simultaneously.
City Attorney Magnuson said that would be acceptable.
Mayor Harycki opened the public hearings for the zoning text amendment and for
the issuance of an on -sale and Sunday liquor license.
Spencer Wong, 137 Liberty Parkway, expressed concerns about food aromas
and the lack of parking spaces. He noted the previous tenant was a coffee
shop /ice cream shop with no odors involved. He said the ventilation proposed is
the standard restaurant ventilation and said his chief concern is what can be
done if there are odors encroaching on the residential area; he expressed a
concern that if approved, the City would be limited in taking any actions should
problems arise related to the odors. He also expressed concern about parking,
Page 11 of 23
City Council Meeting
September 7, 2010
especially in regard to children in the neighborhood. He stated that there is
currently sports practices at the field adjacent to the proposed restaurant and
said the parking lot proposed for restaurant use is already being used by cars
related to the sporting activities taking place. He said there is not enough parking
unless restaurant patrons parks on residential streets or in front of other
businesses in the commercial area; he asked for clarification of the plan to
address parking concerns before the proposal is approved.
Regarding the concern regarding odors, Mr. Turnblad said the proposed
ordinance would allow a family restaurant to operate by special use permit. He
explained that special use permits are reviewable so if there are lots of
complaints about smells coming from the restaurant, the permit can be brought
back to the City for public hearing and the Council could look at re- tailoring the
conditions related to the special use permit.
Related to parking, Mr. Turnblad suggested that the parking in the commercial
district could be signed commercial parking only or restaurant parking only, just
as streets in the residential area could be signed residential parking only.
Councilmember Roush noted that cooking aromas vary with the types of food
and method of cooking and suggested the owners might be able to address that
concern.
Todd Remely, president of the Liberty on the Lake Homeowners Association,
said the neighborhood is very supportive of the proposed business. He said the
question is not whether the neighborhood wants a restaurant or not, a family
restaurant has been wanted in the district for many years. He informed the
Council that the issue is not with the Pilrains, the applicants, but is with the liquor
license and future owners. He said once a liquor license is issued, it is very
difficult to take away, and future owners might have a very different vision of their
business, perhaps a full -blown bar. He said current zoning was put in place to
prevent a full -blown bar from being in that location. He stated that the
Homeowners Associations proposed conditions are aimed at keeping the spirit of
a family restaurant and protecting the neighborhood's children against a full -
blown bar at some point in the future. He addressed the closing time of 10:00
p.m. by stating that it was the most frequently mentioned time at the
neighborhood meeting regarding the proposal, and he said owners seemed
receptive to that closing time. With respect to parking, he said, it is hoped the
Council will promise to look at a solution if a problem is encountered in the future.
With regard to the food aroma, he said the Association recognizes it is a very
expensive to install the proper filtration systems, so again would look to the City
to provide some kind of mechanism /avenue to pursue a solution should a
problem in that area arise in the future. Regarding amplification and advertising,
he said the Homeowners Association is looking for something to proactively put
into the ordinance to avoid a full -blown bar at some time in the future.
Page 12 of 23
City Council Meeting
September 7, 2010
Councilmember Polehna asked about outdoor music amplification; Mr. Remely
said what the Homeowners Association is trying to prevent is a beer garden
atmosphere with a loud band and would not necessarily be opposed to a CD
played through speakers at a reasonable volume.
Mayor Harycki noted that in the Joint Board discussions, it was pointed out there
was live music (guitar player) and an outdoor speaker at that location in the past,
but no one ever sought permission to have that. Mr. Remely reiterated that the
Homeowners Association was trying to prevent loud music or a live band.
No other comments were received, and the hearings were closed.
Councilmember Roush asked that the Plains be allowed to answer the question
regarding foods /apparatus.
Brent Pillaring described the ventilation system, which is a three - tiered system,
general hood ventilation over some of the main equipment, and two special units,
a wood -fired grill, which takes a special blast fan just to get the smoke up and out
of the kitchen and a direct vent chimney, which comes off the wood - burning pizza
oven. He said since the systems would be going up three floors, it is believed the
odors will be dispersed so they won't be just dumped into the neighborhood. He
said they are looking at installing an upgraded double -V baffle in the filters, the
next step up from the standard ventilation system in a commercial kitchen.
Regarding smoke issues, he said they burn special wood, which burns very hot
and clean; when the oven is started in the morning, there is a little puff of smoke
as it gets going and clears the flue through the chimney, but said throughout the
day. people shouldn't notice any smoke because the wood burns so clean. He
pointed out the chimney at another establishment they own is only one -story high
and they have had no complaints from neighboring businesses or homeowners;
this chimney will be three times that height.
On a question by Councilmember Roush, Mr. Pilrain said they propose to have
one fryer only, with more focus on the oven and grilled items.
Councilmember Polehna said he has had several calls from folks who would like
to take the family for a pizza after Pony football games and asked if the Pilrains
are comfortable with the 10 p.m. last call deadline.
Mr. Pilrain said they are trying to meet the needs and concerns of all people in
the community and said they would defer to the Council's decision on what would
be a fair closing time.
Councilmember Gag said that was what the applicants indicated at the Planning
Commission — that they would be willing to work within the given parameters; it
was the Planning Commission that felt 10 p.m. would be too restrictive and
possibly put the business at a competitive disadvantage and the Commission
recommended the 10:30 p.m. closing for Friday and Saturday.
Page 13 of 23
City Council Meeting
September 7, 2010
On a question by Mayor Harycki, City Attorney Magnuson noted the proposed
hours would be in the zoning ordinance and amending a zoning ordinance is
difficult to do should the applicants wish to change the hours at some point in the
future; he said the hours are in the ordinance to address the concerns about
future owners and the vacant parcels that could be developed as restaurants.
Councilmember Roush and Mayor Harycki noted that the Joint Board had similar
concerns with an across - the -board 10 p.m. closing.
Mayor Harycki asked the applicant if there is anything they could do to alleviate
the parking concerns. Mr. Pilrain said there is an overflow parking lot which the
City has an easement on; he said patrons of the tennis courts and sports field are
welcome to use that lot, as well as their patrons so cars don't spill into the
residential area.
Councilmember Gag suggested perhaps posting a sign by the business entry
asking patrons not to park on residential streets and he thought the Homeowners
Association request is reasonable — that the issue be addressed if a problem
develops in the future.
Mr. Pilrain agreed that signage asking patrons not to use residential streets
would be a good way to proceed.
Councilmember Polehna asked about an agreement to use the veterinary
hospital's parking lot; Mr. Pilrain said he thought that agreement had been
finalized between the property owner and the owner of the vet hospital.
Regarding the issue with odors, City Attorney Magnuson pointed out that is a
classic example of a nuisance and if odors are really causing people to lose the
enjoyment of their own property or decreases the market value of their property,
the property owner has a private action against the creator of the nuisance. Later
in the discussion, Mr. Turnblad pointed out that the business will be operating
with a special use permit, so if smells become an issue, the Council can look at
additional conditions for the special use permit.
Regarding marketing, Mayor Harycki said he would be concerned with the
definition of regional advertising.
Councilmember Gag said he didn't believe as a government entity, the City
should be restricting advertising.
Councilmember Roush suggested that is dappling in the area of 1 St amendment
rights.
Page 14 of 23
City Council Meeting
September 7, 2010
There was discussion of the issue with allowing a "happy hour." Mayor Harycki
said he understood the Homeowners Association position that they would like
more of a restaurant and less of a bar there.
Councilmember Gag pointed out there is already a requirement for the 60 -40 split
for food to liquor sales.
Regarding closing hours, Councilmember Roush asked about the average stay
of patrons after last call for service.
Mr. Pilrain said that would be difficult to say and said they would like to have
some leeway so patrons can enjoy their meal /beverage in a leisurely way; he
said they would be comfortable with the 10:30 closing (last call for service) on
Friday and Saturday.
On a question by Councilmember Cook, it was explained that a special use
permit has been issued pending the rezoning and a special use permit can be
reviewed upon complaint. There was some discussion of some of the language
in the proposed zoning ordinance amendment regarding entertainment/music.
Mr. Turnblad noted this is the first reading of the ordinance and the language can
be tweaked somewhat before the second reading.
Motion by Councilmember Roush, seconded by Councilmember Polehna to approve the
first reading, of the ordinance amending City Code Chapter 31, Section 31 -325 as
presented.
On a question by Councilmember Cook, Councilmember Roush read the
language he moved to approve: "Gross receipts are at least 60% attributable to
the sale of food. No live entertainment is permitted on the site than can be heard
outside of the building. No live amplified outdoor entertainment is permitted.
Hours of operation shall be limited to 6 a.m. to 10 p.m. Sunday through Thursday
and 6 a.m.to 10:30 p.m. Friday and Saturday. The closing time in the preceding
sentence shall mean the latest last call for service shall occur. No happy hour
specials shall occur past 6 p.m."
Mr. Turnblad reiterated that the special use permit, which is outside of the motion
for the ordinance amendment, addressed some of the other concerns discussed.
There was additional discussion about the music /entertainment.
Mayor Harycki said that he thought the desire was to allow a small speaker
outside playing at a reasonable volume level; much like Liberty House Cafe has
done in the past. There was discussion as to whether "live amplified" would
prohibit a DJ.
Page 15 of 23
City Council Meeting
September 7, 2010
Councilmember Cook said she found the language confusing if it is to apply to
future businesses as well. Mr. Magnuson suggested changing the wording to
"live or amplified" outdoor entertainment is permitted.
Councilmember Roush amended his motion to include that language change; the
Councilmember Polehna agreed to the amended motion.
Councilmember Roush pointed out that would eliminate outdoor "music." It was
agreed to have Mr. Turnblad wordsmith the motion to reflect the option for
allowing a small speaker for the outdoor area for the second reading.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
This is the date and time for a public hearing to consider the issuance of an On -Sale
and Sunday Liquor License for Roman Market, Inc., DBA: Patriot's Tavern located at
145 New England Place. Applicant: Brian Pilrain. (Resolution — Roll Call)
Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt
Resolution 2010 -134, approving the Issuance of a New On -Sale and Sunday Liquor
License (Patriot's Tavern).
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Councilmembers Polehna expressed his appreciation for the cooperation shown
in the process of moving this project forward.
UNFINISHED BUSINESS
Live Music on Deck —American Legion (see August 17, 2010 minutes)
Claudia Mechelke and Brent Banchy were present representing the American
Legion. Ms. Mechelke presented a petition signed by people in support of the
request; she noted that some of the highlighted signatures were from people who
live within a four -block radius of the Legion. Ms. Mechelke pointed out that other
signatures in support of the request were from people who live as far away as
Minneapolis who come into town, spend money here and enjoy the music on the
deck.
Councilmember Cook noted in the last public hearing, the process for getting
approval of a restaurant involved quality of life issues from restricting parking to
smells and music. Councilmember Cook said those residents have the
advantage of an organization that can pull together people quickly and work
together on an agreement. Unfortunately, she said, when folks live in a more
urban setting, closer to the downtown, residents don't have that cohesive kind of
Page 16 of 23
City Council Meeting
September 7, 2010
group. Councilmember Cook said people have continued to contact her and
indicate that this is an issue for them and they feel very strongly about the
Council protecting people's right to some peace and quiet as much as other
people's right to play music. Councilmember Cook said the issue is not with the
Legion, it is with the compromise to turn the volume down.
Mr. Banchy said since the last meeting, the Legion has redirected the speakers
to face east and has turned the volume down and that he has learned
subsequently that they are not the only music venue in the area, citing the library
as an example of where music is being played for weddings, etc. Mr. Banchy
suggested the problem may be a combination of venues playing simultaneously.
Ms. Mechelke questioned why the Legion is being brought to task and not the
other venues, such as the library.
Councilmember Cook pointed out the library has been the subject of hearings
with the neighbors.
Councilmember Gag said he thought the Legion was being brought to task
because it did not have the necessary permit. Mr. Banchy said since the last
meeting, he has been super sensitive about the music because he does not want
to jeopardize the ability to have music on the deck and has asked that the
volume be turned down; he said the Legion is doing what it can to minimize the
impact on the neighborhood. He said there are likely only one or two weekends
left this season and that the Legion's 90 anniversary will take place on
September 19 but it is uncertain whether there will be music or not.
Mayor Harycki said he thought some progress has been made since the last
meeting and the Legion has taken some steps to try to improve the situation.
Mayor Harycki suggested that the Legion send somebody to the parking ramp
when the band starts playing and if the music can be heard plainly, and then turn
the volume down.
Councilmember Gag pointed out these are the same conversations that have
taken place in the previous discussions about the issue and he thought it was
difficult to single out the Legion, except for the fact that it hasn't yet obtain the
required special use permit. Councilmember Gag pointed out that when the
request for the special use permit is heard by the Planning Commission, a public
hearing will take place, the same process that other downtown venues have had
to go through. Councilmember Gag invited all interested persons to attend the
Planning Commission's public hearing on this matter.
Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the
final two dates of the season, September 19 and 26, pending the Planning
Commission's decision regarding the 2011 season.
Page 17 of 23
City Council Meeting
September 7, 2010
Councilmember Gag clarified that the hours would be 4 to 8 p.m. Councilmember
Gag said he would clarify the hours at the Planning Commission's discussion.
Councilmember Polehna urged the Legion to keep the volume under control.
Motion passed 4 -1, with Councilmember Cook voting no.
Possible approval of findings of fact for Trom variance appeal denial
City Attorney Magnuson said he believed the proposed findings of fact accurately
reflect the Council's action in the straw vote taken at the previous meeting.
Mayor Harycki asked if the findings reflect that Council's action to deny without
prejudice. Mr. Magnuson replied in the affirmative.
Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt
Resolution 2010 -135, Approval of findings of fact for Trom variance appeal denial
Councilmember Roush noted that he voted against denial during the Council's
consideration of the request and wondered whether a similar vote on the findings
would have any impact on the applicant's standing. Mr. Magnuson said the no
vote would not have an impact as approval requires only a simple majority and
would be consistent with Mr. Roush's last vote.
Ayes: Councilmembers Cook, Gag and Polehna
Nays: Councilmember Roush and Mayor Harycki
NEW BUSINESS
Possible 1 St reading of Ordinance 1020, an ordinance regulating Subsurface Sewage
Treat Systems in the City of Stillwater
City Attorney Magnuson explained that on September 23, 2009, Washington
County adopted a model code as required by the Minnesota rules. He said the
model code modernized the regulations for on -site septic systems. He stated that
there are still a number of on -site septic systems in the City and that communities
are required to adopt the regulations by their own means within one year after
the adoption of the County model code or the model code becomes the operative
regulations in a community. Mr. Magnuson said this is a standard ordinance to
adopt the official code of Washington County as the City's own; and that it clears
up the authority and regulations for the systems. He said the regulations allow
the on -site septic systems to continue to be used if they are not harmful to the
environment; he said it relaxes the standards for some of the older systems that
are still functioning well so they can be maintained until the system fails.
On a question by Councilmember Roush, Mr. Magnuson said this would not
involve any additional expense to the City.
Page 18 of 23
City Council Meeting
September 7, 2010
Motion by Councilmember Roush, seconded by Councilmember Gag to approve the
first reading of Ordinance 1020, an ordinance regulating Subsurface Sewage Treat
Systems in the City of Stillwater.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
Discussion on Commission Openings
City Administrator Hansen noted the Human Rights Commission is three
members short, Parks is one voting member short and Planning Commission is
two voting members short. He said City Clerk Ward has indicated that the
Planning Commission, which consists of nine members, is always short of
membership and she suggests that going to a seven - member body might be
easier to support a full complement of members. Mr. Hansen noted going to a
seven - member Planning Commission would require an ordinance change. He
noted that City Clerk Ward is also suggesting that consideration be given to
eliminating the Human Rights Commission as there is a state Human Rights
Commission for people to go to with complaints /concerns. Mr. Hansen said if the
Council desires, he could contact the City's Human Rights Commission to gauge
their feelings on possibly eliminating the City's group.
Councilmember Roush suggested that places might be found for the current
Human Rights Commission members on other City commissions.
Councilmember Polehna noted that one Human Rights Commission member
recently resigned because he wanted to be more involved.
On a question by Mayor Harycki, City Attorney Magnuson stated the Human
Rights Commission was established by ordinance, not by the City Charter.
Councilmember Polehna, who is the Council liaison, said there are not a lot of
issues being brought to the Human Rights Commission, so the Commission has
changed its focus to sponsoring speakers, ADA issues, etc.; and that the
problem has been the lack of issues to discuss and members want more action.
It was consensus to have City Administrator Hansen contact the Commission
members by telephone to get input on the issue. Mr. Hansen said City Clerk
Ward has put together an amendment to the ordinance to reduce the Planning
Commission to seven members for the Council's consideration.
Councilmember Roush asked Councilmember Gag, liaison to the Planning
Commission, whether he thought there was any difference in the quality of input
given by nine versus seven members.
Page 19 of 23
City Council Meeting
September 7, 2010
Councilmember Gag said there have been many times when there have been
lots of applicants to fill the nine positions, noting that the City went to interviewing
because there were so many applicants in the past. Councilmember Gag said he
thought a Commission of nine members was good, noting there is a lot of
material and times when sub - committees are formed. Councilmember Roush
said he thought the City should strive for the nine members as is provides more
insight and better representation of the sentiments of the community.
Councilmember Polehna spoke in favor of more equal representation of wards on
the Commission, noting that if membership is reduced to seven, that would be
more difficult to achieve.
It was consensus to leave the Planning Commission at nine members.
Possible approval of Take Me to the River Festival — ArtReach St. Croix
City Administrator Hansen reviewed the special event request. He said the
request has gone through the normal review process. He said the request is
before the Council because it involves usage of Lowell Park; he noted the
request involves only one hour of use and doesn't require a lot of City resources.
Motion by Councilmember Polehna, seconded by Councilmember Roush to approve the
event. All in favor.
Possible adoption of resolutions: Adopting the proposed tax levy for the payable year
2011, Adopting the proposed budget for the year 2011, and Setting payable 2011 Truth -
N- Taxation Pubic Hearing dates
There was discussion of ways to deal with the health insurance shortfall. Mr.
Hansen pointed out the City is above the 50% level in reserves and said he
thought use of some of those funds would be appropriate; he also noted there is
$100,000 budgeted for seal coating that likely will not be used.
Mayor Harycki reviewed the Council's previous decisions regarding the budget
and the last minute gap that has occurred due to a higher than anticipated
increase in health insurance rates.
Finance Director Harrison said the final budget will reflect the levy amount
adopted by the Council; she stated a levy amount of $10,158,367 is what the
Council decided upon at the August 24 budget meeting.
Mayor Harycki suggested that $28,000 of the insurance shortfall be taken from
reserves and the remainder from the seal coat budget.
Councilmember Polehna expressed concern about taking money from the seal
coat budget as that is a program the City may want to put back the following
year; he asked for a recommendation from Mr. Hansen. City Administrator
Page 20 of 23
City Council Meeting
September 7, 2010
Hansen said he thought this proposal would be fine, but noted that what the City
has done in the last three budget years is not necessarily sustainable for the
future and that the City cannot not sell a bond issue every year and can't keep
laying people off. City Administrator Hansen said he thought it would be better
not to raise taxes this year and hopefully do that when the economy is in better
shape.
Mayor Harycki pointed out that there is an issue with seal coating as it seems to
cause some deterioration of the top portion of the pavement, so the decision was
to leave the $100,000 in the budget for seal coating but not spend it until it is
determined whether the process is harming the pavement.
Councilmember Gag pointed out this is an issue related to the City's overall
street maintenance plan — where to get the money to continue to maintain the
street system.
Mayor Harycki pointed out that if the $100,000 for seal coating isn't spent this
year it would roll over into reserves for the following year, so the end result would
be the same — the reserve fund would be down $28,000.
Councilmember Gag said he was comfortable with how the Council arrived at the
numbers it did.
Motion by Councilmember Roush, seconded by Councilmember Polehna to adopt
Resolution 2010 -137, adopting the proposed tax levy for the payable year 2011.
Ayes: Councilmembers Gag, Polehna, Roush and Mayor Harycki
Nays: Councilmember Cook
Councilmember Cook stated that she voted no because she does not support the
tax levy for the armory.
Finance Director Harrison said she would fill in the numbers for the proposed
budget based on the adopted levy and the decisions made tonight on the health
insurance. She said the Council needed to vote on the budget as it must be sent
to the County by September 15, but said she could bring the final numbers back
to the Council. She said the vote will be to approve revenues and expenditures
that reflect the $10,158,367 levy.
Councilmember Cook asked whether the armory is included in this vote; Ms.
Harrison said the armory is only included in the levy vote.
Motion by Councilmember Gag, seconded by Councilmember Polehna to adopt
Resolution 2010 -138, adopting the proposed budget for the year 2011.
Ayes: Councilmembers Cook, Gag, Polehna and Mayor Harycki
Nays: Councilmember Roush
Page 21 of 23
City Council Meeting
September 7, 2010
Councilmember Polehna, seconded by Councilmember Roush to adopt Resolution
2010 -139, Setting payable 2011 Truth -N- Taxation Pubic Hearing, for 7 p.m. Tuesday,
December 7.
Ayes: Councilmembers Cook, Gag, Polehna, Roush and Mayor Harycki
Nays: None
COUNCIL REQUEST ITEMS
Councilmember Cook spoke of the situation regarding vendors in the downtown
area and asked for a report on the situation, whether the vendors are permitted.
Chief Gannaway said the late night downtown vendors do have special use
permits. City Administrator Hansen said allowing vendors to operate during the
4 th of July has been practice over the past 10 or 15 years; it was noted that
vendors are part of the annual application for the Car Show.
Councilmember Polehna provided an update on the Yellow Ribbon Network. He
said a joint program is planned with Trinity Lutheran Church for Veterans Day,
and that he would be coming back to the Council with a request for a motion in
support of the Red Bulls. He provided pins and stickers for the Council in
recognition of their previous support.
City Administrator Hansen reminded the Council it would be adjourning to
executive session.
ADJOURNMENT to Executive Session to discuss labor relations
Motion by Councilmember Roush, seconded by Councilmember Polehna, moved to
adjourn to executive session at 9:37 p.m. All in favor.
Ken_Wrycki, Mayor
AT STS
Diane F. Ward, City Clerk
Resolution 2010 -129, directing payment of bills
Resolution 2010 -130, approval of ICMA -RC Managed Account agreement
Resolution 2010 -131, accepting and approving the quote from Natural Resource
Group Inc.
Resolution 2010 -132, approval of Flood Hazard Mitigation Grant Agreement with the
State of Minnesota, Department of Natural Resources
Resolution 2010 -133, resolution amending Resolution 2010 -95, Appointing Election
Judges and Fixing Compensation
Page 22 of 23
City Council Meeting
September 7, 2010
Resolution 2010 -134, approving the Issuance of a New On -Sale and Sunday Liquor
License (Patriot's Tavern).
Resolution 2010 -135, Approval of findings of fact for Trom variance appeal denial
Resolution 2010 -136, NOT USED
Resolution 2010 -137, adopting the proposed tax levy for the payable year 2011.
Resolution 2010 -138, adopting the proposed budget for the year 2011.
Resolution 2010 -139, Setting payable 2011 Truth -N- Taxation Pubic Hearing
Page 23 of 23