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HomeMy WebLinkAbout2011-07-19 CC MINa er 791 YIYTNlIE CE Yf ■IYY EEY U CITY COUNCIL MEETING July 19, 2011 REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7:00 p.m. Present: Councilmembers Cook, Menikheim, Roush, Polehna, and Mayor Harycki Absent: None Staff present: City Attorney Magnuson Community Development Director Turnblad Finance Director Harrison Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the audience in the Pledge Allegiance. APPROVAL OF MINUTES Possible approval of July 5, 2011 regular and recessed minutes Motion by Councilmember Roush, seconded by Councilmember Menikheim to approve the July 5, 2011 regular and recessed minutes. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Proclamation `Night to Unite' Mayor Harycki read a Proclamation designating August 2, 2011 as Night to Unite. OPEN FORUM No public comments. STAFF REPORTS Police Chief Gannaway reported that Lumberjack Days is this weekend and that the water level is getting higher in the north end of Lowell Park, therefore the Co -op parking lot was required for set up of the stage. He also reported that he and Public Works Director Sanders met with Mn /DOT and the Coast Guard to request a deviation from the lift bridge schedule on Sunday, July 24th. He wanted the Council and audience to know that the bridge will not be raised at 10:30 and 11:00 p.m. to alleviate congestion of traffic leaving town after the fireworks. Chief Gannaway continued by stating that on August 2nd, the Police Department City Council Meeting July 19, 2011 will be hosting their 3rd Annual `Night to Unite' event in Washington Square Park, and invited Council and residents to participate in the activities. Fire Chief Glaser advised that the department has received 85 calls to date and thanked all of those who participated in the Birchwood Apartment fire, including but not limited to fire departments from the surrounding communities, police, and Washington County dispatchers. He continued that Pastor Wilson from First Presbyterian opened up the church for the displaced residents. He stated that on Saturday, July 16th, there were a few lighting strikes in the Forest Hills area. He reported that the department has held a Lumberjack Days briefing, and that additional staff will be available, however the heat related incidents will be a concern. He stated that the National Guard will be assisting in traffic control for Lumberjack Days. Councilmember Polehna suggested recognizing First Presbyterian Church at the July 25th meeting, for their assistance in the Birchwood Apartment fire. City Clerk Ward requested formal approval of moving the City Council recessed and regular meeting from Wednesday, July 27, 2011, to Monday, July 25, 201,1. Motion by Councilmember Roush, seconded by Councilmember Menikheim, to set the meeting for Monday, July 25, 2011. Community Development Director Turnblad informed the Council that the Armory Cheret will be presented at the 7:00 p.m. meeting on August 16, 2011. CONSENT AGENDA 1. Resolution 2011 -104, directing payment of bills 2. Possible approval of application for permit to sell liquor — 4th Annual Bean Bag Toss Tournament — Brian Nelson 3. Possible approval of temporary liquor license - Ascension Episcopal Church 4. Possible approval of the release of capital funds — Library 5. Possible approval of utility bill adjustments Motion by Councilmember Polehna, seconded by Mayor Harycki, to approve the Consent Agenda. Ayes: Councilmembers Polehna, Roush, Cook, Menikheim, and Mayor Harycki Nays: None PUBLIC HEARINGS Case No. 2011 -18. This is the date and time for a public hearing to consider the request from Dan Schwarz, Lift Bridge Properties LLC for a zoning text amendment to allow limited bottling by special use permit in the BP -O, Business Park Office District. Notices were mailed to affected property owners and published in the Stillwater Gazette on July 1, 2011. Community Development ' Director reviewed the Lift Bridge Brewing Company's history and request. He indicated that Lift Bridge Brewing Company approached the City recently asking to increase on -site production over the current limit of 2,000 barrels annually, and to Page 2 of 6 City Council Meeting July 19, 2011 add a manual /semi - automated bottling line to the facility. The applicant has indicated that they would prefer to continue to produce most of their beer off -site; however, due to production constraints with their current contract brewers, they desire the ability to produce their beer on -site when they are faced with capacity challenges. He informed the Council that in order to proceed with on -site beer production, the applicant has requested a zoning text amendment to City Code Section 31 -325 entitled "Allowable uses in non — residential district" to allow limited bottling works by special use permit in the BP-0 zoning district. Mr. Turnblad described the purpose of the BP-0 zoning district and stated that while a bottling works itself may not lend itself well to an office oriented zoning district, with some restrictions the use could be compatible with the surrounding office uses. He continued by stating that from the staff s perspective, the real impact from a bottling works operation comes from the noise it generates and the number of large vehicles traveling to and from the site, and that a way to address it would be to limit the type of bottling equipment that can used, which would physically limit the number of bottles that can be realistically produced on the site, thus limiting the amount of traffic and the noise, and with the equipment restriction the limited bottle works use itself would remain a small component of the overall use that would occur on the site. He informed the Council that the applicant has agreed to use only a manual or semi - automated bottling line without a conveyer system, which is very small, and only fills and caps 6 to 12 bottles at a time, and can be operated by one or two employees. Mr. Turnblad provided options to the City Council which included approval of the proposed zoning text amendment for bottling works in the BP-0 zoning district; deny the proposed zoning text amendment for bottling works in the BP-0 zoning district; or continue the public hearing until the July 25, 2011 City Council meeting. He advised that the staff recommendation is to approve the proposed zoning amendment with the addition of "limited" bottling changed in the proposed ordinance. He informed the Council that the Planning Commission had reviewed the request, had received no public comments, and recommended that the City Council approved the proposed zoning text amendment. Mayor Harycki asked about the brewery north of downtown, and would they have to follow the same process. Mr. Turnblad responded that is in the Commercial Business District, and it may already have a provision, however if it is not allowed in the Commercial Business District, it would have to follow this same process. Councilmember Roush asked if the language is changed to "limited," it is still under scrutiny under the Special Use Permit. Mr. Turnblad replied in the affirmative. Mr. Roush also thought that the word "limited" was pretty ambiguous. Mr. Turnblad responded that the definition of limited is that it is manually operated, therefore the restriction. Mayor Harycki stated that they are located across from his office, and he has never heard their operations. Councilmember Polehna raised the concern about forcing the brewery to go somewhere else if their business takes off, and restrict a business from growing. Mr. Turnblad explained that some uses are not the partners in an office use setting. He stated that the applicant is aware that if they need to expand and need more than a semi - automatic system, they will force themselves into another space in the Industrial portion of Stillwater. Mr. Polehna expressed that putting too many restrictions on a business will make a business go somewhere else. Page 3 of 6 City Council Meeting Mayor Harycki opened the public hearing. July 19, 2011 Dan Schwartz, Lift Bridge Brewery, resides at 1024 Legends Blvd., introduced himself and is available for questions. Mayor Harycki closed the public hearing. Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the first reading of Ordinance 1038, an Ordinance amending the Stillwater City Code Chapter 31, Entitled Zoning Ordinance, by adding "Limited Bottling Works" in the Business Park Office Zoning District as a Specially Permit Use. Ayes: Councilmembers Polehna, Roush, Cook, Menikhiem, and Mayor Harycki Nays: None Possible amendment to Building Code Chapter of City Code to authorize electrical inspections temporarily while the State is shut down. Community Development Director Turnblad reviewed the proposed ordinance that would allow the City to issue electrical permits during the state's shutdown. This would allow some projects in the City to move ahead. He stated that the vendors for Lumberjack Days need electrical inspections. He suggested that the Council adopt the first reading to provide assurance to the contractor that the City has adopted the first reading of the ordinance. On a question from Mayor Harycki about the State shutdown being resolved, City Attorney Magnuson reviewed the ordinance, and stated that the language could be changed to reflect if in the future the State shuts down again, the ordinance becomes effective. Councilmember Polehna asked if the City could take over the electrical inspections and Community Development Director responded that it would be possible; however for the amount the City would receive, he would not recommend it. City Attorney Magnuson suggested that the language of the ordinance be changed to "this ordinance shall be in effect during the time that the State of Minnesota is shut down by strike or lack of funding." Mayor Harycki opened the public hearing. No public comments. Mayor closed the public hearing. Motion by Councilmember Polehna, seconded by Councilmember Roush, to approve the first reading of Ordinance 1037, an Ordinance amending Chapter 33 by adding the Minnesota Electrical Act to Section 33 -1 of the City Code, as amended by City Attorney Magnuson. Ayes: Councilmembers Polehna, Roush, Cook, Menikhiem, and Mayor Harycki Nays: None Page 4of6 City Council Meeting July 19, 2011 UNFINISHED BUSINESS No unfinished business. NEW BUSINESS Possible approval of a Temporary Contract for electrical inspection services while the State is shut down Community Development Director Turnblad reviewed the contract for electrical inspections and that this contract would sunset when the State reopens. He stated that the contractor is the State inspector for this area. He indicated that in order for him to do this, an ordinance has to be in place. Mayor Harycki wondered if this contract would be something that should be done to include the future in the event of another shutdown. Mr. Turnblad responded that it would be used as a model, and the contract would have to be renegotiated at that time. Motion by Councilmember Menikhiem, seconded by Councilmember Polehna, to adopt Resolution 2011 -105, Approving Electrical Inspection Contract with Joe Wheaton. Ayes: Councilmembers Polehna, Roush, Cook, Menikhiem, and Mayor Harycki Nays: None Possible approval of no parking on portion the north side of Olive Street Councilmember Cook pointed out that she had brought up this safety issue and that the Traffic Review Committee had reviewed the request. Public Works Director Sanders stated that by law there is no parking 30 feet from the corner and that there would be adequate sight distance. Councilmember Roush asked if there is an issue or is it responding to a request. Councilmember Cook reviewed the problem at the corner of Greeley and Olive by Nelson's Ice Cream and was concerned for public safety. Councilmember Polehna felt the current intersection is more dangerous than the old pork chop that existed. Motion by Councilmember Cook, seconded by Councilmember Polehna to adopt Resolution 2011 -106, Restricting Parking on the North Side of West Olive Street from South Greeley to 145 Feet East. COUNCIL REQUEST ITEMS Councilmember Menikheim inquired who arranged for the jets to fly along the river Fourth of July, and Mayor Harycki responded that Mr. Eckberg had arranged it. Page 5 of 6 City Council Meeting Yellow Ribbon Update July 19, 2011 Councilmember Polehna provided an update on the buses that took the families to Fort McCoy before their loved ones were deployed. He also thanked Cory Buettner for 100 box lunches for the family, and Johnny Johnson for donating the water and juice. He also informed the Council that there is a 34th Red Bulls family picnic in September, and asked people to contact him to participate. He also had a request from Family Readiness for someone to let a dog out during the day for a veteran's family, and if anyone is interested to contact him. Mayor Harycki reviewed the Council work plan and directed staff to move items to August, remove the Lowell Park and Levee Wall Update, building permit report, etc. The City Administrator review is held at the Executive Session on August 16th. . Councilmember Cook asked about the statutory authority to assess administrative fines against combatants in fights within drinking establishments to help offset some of the costs in taking such matters to court that is on the work plan. Chief Gannaway responded and it will be moved to August. Councilmember Polehna asked about the commission picnic. City Clerk Ward stated that she would touch base with City Administrator Hansen. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Roush, to adjourn at 7:58 p.m. ATTEST: Diane F. Ward, City Clerk Resolution 2011 -104, directing payment of bills Resolution 2011 -105, Approving Electrical Inspection Contract with Joe Wheaton Resolution 2011 -106, Restricting Parking on the North Side of West Olive Street from South Greeley to 145 Feet East Page 6 of 6