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HomeMy WebLinkAbout2012-04-17 CC MINN'* I I wa er THE CICTM►IECE Of MINN914TO CITY COUNCIL MEETING MINUTES April 17, 2012 REGULAR MEETING Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Staff present: City Administrator Hansen City Attorney Magnuson Community Development Director Turnblad Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance APPROVAL OF MINUTES 7:00 P.M. Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the April 3, 2012, regular and recessed meeting minutes. All in favor. OPEN FORUM Norm Steere invited Councilmembers, staff and the community to attend showings of the Oscar- nominated short subjects at the parish hall of Ascension Episcopal Church the week following the Council meeting. He indicated that this is the second program sponsored by the Stillwater Downtown Theater Group; the goal of the group is to have a theater downtown, he added, for the betterment of the community and to foster economic development. He noted that music, film and dramatic programs are planned, as well as community gatherings. He thanked Ascension Church for the use of its facilities, Johnny's TV for the use of its equipment and Summer Tuesday's for the use of its screen. Bob Sitko, 13042 10th St. N., West Lakeland Township, who teaches beekeeping at Century College, expressed his concern about the City's ordinance dealing with beekeeping. He pointed out that the current ordinance limits beekeeping in the City to one hive, and restricts the placement to 500 feet from the neighboring property lines, which would require about 20 acres of land. He noted the City has started looking at revising its ordinance and encouraged the City to continue that process, stating many people are interested in beekeeping. He talked about some practices to control the bees. City Council Meeting April 17, 2012 Betsy Glennon, 812 Harriet St., and Elizabeth Welty, 724 Oak St. W., stated they had taken beekeeping courses and had contacted their Council representative when they looked at the City ordinance and saw how restrictive it was. Ms. Glennon reported that the University of Minnesota entomology department recommends a 25' setback from property lines; she added that beekeeping is a wonderful hobby for the environment and for any green efforts in Stillwater, as well as for gardens. Ms. Welty provided that there are four federated garden clubs in Stillwater, as well as a number of neighborhoods clubs, and added that all of the gardens, as well as fruit trees and grape vines need pollinators. Ms. Welty stated she thought there would be a lot of support for the ordinance change. Mayor Harycki asked if any of the model ordinances address the potential for allergic reactions to bee stings, and Ms. Glennon responded that these are honey bees and are historically more docile than hornets and wasps. Ms. Glennon added that honey bees do not attack people unless the bee feels the hive or the bee itself is under attack. Community Development Director Turnblad spoke about the St. Paul ordinance, which requires a prospective beekeeper to obtain permission from neighboring residences within certain proximity. There was some discussion of the history of the City's ordinance. Mayor Harycki stated he would be interested in learning about other communities' ordinances. On a question by Councilmember Roush as to the possibility of a cooperative effort located in a rural location, Ms. Glennon replied that there are many different reasons for interest in beekeeping, and that she is primarily interested in it as a hobby so it would be preferable to have the hives in close proximity. Ms. Welty stated she, too, is interested in this as a hobby and teaching tool for her children, so proximity is important. It was decided to have Mr. Turnblad put together some information regarding other ordinances. STAFF REPORTS Chief Gannaway reported that it was Severe Weather week, and gave the schedule for the sounding of the warning sirens. He noted there is a glitch with one of the City's sirens that hasn't been repaired pending receipt of the necessary parts. Chief Glaser provided an update on the armory/fire station project. He told the Council the state designer selection board selected its preferred firm from a list of 10 that submitted RFPs. He indicated that the next step in the process is to negotiate a contract, with the design process to begin in late May. City Clerk Ward referred to her memo regarding special events. She reported that in 2011, there were approximately 40 events that were reviewed by staff, some of which also were reviewed by boards /commissions; those with contracts came to the Council for action. She noted there were four items on this Council agenda for possible approval. Councilmember Polehna inquired if the process was getting overwhelming, and Ms. Ward described the staff review process and the time involved. Councilmember Polehna expressed concern about the amount of staff time involved. Page 2 of 9 City Council Meeting April 17, 2012 City Administrator Hansen indicated that the current process works well for the smaller events, however, for the bigger events, staff follows the special event policy that was developed recently, which can be somewhat cumbersome. Councilmember Cook suggested that the issue of special events deserves a larger conversation and is one of her priorities for discussion at the upcoming Council retreat session. City Administrator Hansen talked about the problem of changes to events (event creep) after approval, and he agreed that larger discussion would be helpful. Public Works Director Sanders informed the Council he had contacted the two watershed organizations regarding a possible contribution to the lakes vegetative management plan. He pointed out that the Middle St. Croix WMO has agreed to contribute about $9,000, and that the Brown's Creek Watershed Board doesn't meet until May 9. He also stated the consulting firm, Wenck, has agreed to reduce the neighborhood meeting cost by $2,500. Mr. Sanders told the Council that the Corps' consultant will have plans ready for review by April 24, and that the Corps is proceeding with the project. City Administrator Hansen reported that closing on the bond sale took place the day of the Council meeting, with the money received and placed in the appropriate funds. CONSENT AGENDA 10. Resolution 2012 -061, directing payment of bills 11. Possible approval of purchase of updated Building Dept. workstation 12. Resolution 2012 -062, a resolution approving the abatement of certain special assessments Motion by Councilmember Roush, seconded by Councilmember Polehna, to approve the Consent Agenda. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None PUBLIC HEARINGS No public hearings. UNFINISHED BUSINESS None. NEW BUSINESS Possible approval of annual parking permit for Stillwater Trolley Community Development Director Turnblad reviewed the recommended fees for the annual permit, and indicated the recommendation is to keep the same fee of $3 per day per space for a total of $1,290 for the two on -site spaces for the season. Page 3 of 9 City Council Meeting April 17, 2012 Councilmember Polehna wondered if this had gone to the Downtown Parking Commission for recommendation, and Mr. Turnblad replied that it did not, and that nothing has changed from the previous year. Robert Raleigh, owner of the Stillwater Trolley, thanked the Council for their continuous support over the last 25 years. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the annual permit with the recommended fee. All in favor. Discussion and possible approval of: Stillwater 10 mile 5K Kid's one mile & Toddler Event & Contract — Saturday, July 21, 2012 — Mastel Event Management LLC — Brian Mastel and Stillwater 10 mile &5K Event & Contract — Saturday July 14 2012 — Front Runner Events — Randy Fulton Brian Mastel, 4316 Upton Ave. N., Minneapolis, reviewed the request for his event, and noted that the kids' events are something he might like to do in the future; he noted that he would be limiting the event this year to the 10 mile and 5K races. He stated the 10 mile would start near Square Lake and finish south of the lift bridge on the riverfront walkway. Community Development Director Turnblad indicated that contracts have been prepared for this event and the next one to be considered. On a question by Councilmember Cook regarding times, Mr. Mastel answered that with an 8 a.m. start time, the last racer should be finished about 10:30, so everything could be cleaned up by noon. On another question regarding the number of participants, Councilmember Cook questioned the scheduling of identical races on consecutive weekends. Mr. Mastel replied that he has had conversations with the other organizer and agreed that the running community is not likely to fully support back -to -back weekends of an identical race. Mr. Mastel noted that the Minneapolis Park Board recently adopted a policy that only two parkways a month can be closed or the same parkway can only be closed twice a month. City Administrator Hansen stated staff questioned the back -to -back scheduling, but there is nothing in the policy that would allow denial by staff; staff just has to process the request(s). Councilmember Roush asked if public safety assistance would be required and who would pay for that; Chief Gannaway responded that he would work with the applicant to figure out where traffic control will be needed and the cost involved, which will be paid by the applicant. Chief Glaser noted that weather and the number of runners changes the entire dynamics of such an event, facts that aren't known when an event is approved. Mr. Mastel stated he was race director of the Twin Cities Marathon for a number of years and is experienced in emergency planning and public safety planning; he noted plans are always based on a worst case scenario. Councilmember Cook noted the City Council hasn't really seen the new special events policy in action in terms of the larger events and again spoke of the need for further discussion. She stated she sees these events tied with the overall community event of Lumberjack Days. She spoke of the confusion as to what the moratorium on Lumberjack Days entailed and she thought these events fall in that same category. Councilmember Cook expressed that she would favor taking a break for time to discuss the issue as a Council. Page 4 of 9 City Council Meeting April 17, 2012 Mayor Harycki spoke of the burden with back -to -back events and indicated that he didn't know if that was an equitable way to choose one over the other. Councilmember Menikheim stated he could vote for one, but not two of the races, and that he was most concerned about the impact on City staff. Councilmember Polehna questioned how to differentiate between the two requests and he also suggested that City fees are very low. Councilmember Cook reiterated that she would consider the races part of Lumberjack Days and subject to the moratorium as a way of denying both requests at this time. Councilmember Roush explained part of the concern was the finish in Lowell Park due to the upcoming construction, and he suggested perhaps reconfiguring the race route to avoid Lowell Park. Mr. Mastel replied that he did submit alternative end points; he pointed out that his was the first application. Councilmember Polehna suggested that the event organizers, not the City, would be the ones to lose if both events are approved. Mayor Harycki suggested there are two options available — approve both for one year with no guarantee of renewal or deny both as part of the moratorium. Mr. Mastel explained parking plans. There was discussion on possible impact on staffing. Chief Glaser reviewed some of the issues from his department's perspective. Mr. Sanders stated the two race routes would have little impact on City streets, and the proposed race ending points would not affect any of the Lowell Park work. Councilmember Roush asked if the use of Mulberry circle would be in keeping with the spirit of the moratorium, and Mr. Hansen indicated that his conflict is not with the moratorium, it is with two back -to -back races. City Attorney Magnuson stated from his point of view, he did not think either of the races would be classified as a community -wide event. Motion by Councilmember Roush, seconded by Councilmember Polehna, to adopt Resolution 2012 -063, Approving Stillwater 10 mile, 5K, Kid's One Mile and Toddler Trot agreement with Mastel Event Management, LLC, and Resolution 2012 -064, Approving River Run (10 Mile and 5K) agreement with Frontrunner Events but contingent on staff availability for public safety, with the understanding that the alternate finish lines be used, ending at the Mulberry circle or some other location agreed upon by City staff, and with the understanding that this is a one -year agreement. Randy Fulton and Craig Junkermeier of Front Runner Events talked about their proposal. Mr. Fulton spoke of his experience as a race event director and his reasoning behind the scheduling. Mr. Fulton stated they have done their due diligence in preparing plans. Councilmember Polehna suggested the City will be receiving more and more such requests and questioned whether to give carte blanche approval or disapproval, or come up with a way to select which events to allow. Page 5 of 9 City Council Meeting April 17, 2012 Councilmember Cook indicated that is what needs to be determined and discussed. Councilmember Roush pointed out that the availability of public safety staff will play a role in the number of events allowed, and he suggested that free market dynamics will also determine the number of events. Mayor Harycki suggested amending the motion to approve these two requests, but put a cap on additional requests until City Council and staff have some discussion about how to regulate and pick and choose between events. Councilmember Roush declined to amend his motion. Councilmember Roush restated his motion: approve both contracts, with the stipulation that it is a one -year contract and that police and fire have the ultimate say on staffing availability for public safety, with the option to cancel if unable to staff adequately, and that the finish line not be in Lowell Park per the moratorium. Ayes: Councilmembers Polehna, Roush and Mayor Harycki Nays: Councilmembers Cook and Menikheim Motion by Mayor Harycki, seconded by Councilmember Polehna, to place a moratorium on any new events. Motion passed 4 -1, with Councilmember Roush voting no. Discussion and possible approval of. Stillwater Omnium Event — Industrial Park Area — Sunday, June 24, 2012 — Oliver Vrambout Mr. Vrambout was present to review plans and answer questions about the event. It was noted this request is not a new request — it was submitted and reviewed prior to the moratorium. Mr. Vrambout stated he has approval for parking for a number of nearby businesses, and that he expects about 180 participants. Mayor Harycki asked about road work in the area, and Mr. Sanders replied that mill and overlay is scheduled for Northwestern Avenue, and he indicated that mention was made in the contract specifications that work must be completed by June 24 or cannot be started until after June 24. Mayor Harycki mentioned several pieces of roadway that might need to be repaired in advance of the race. City Clerk Ward noted staff has not had time to prepare a contract for this event. Mr. Turnblad pointed out that staff would like to get an idea of Council support for the organizer for marketing purposes with the contract to come back for Council approval at a later date. On a question by Councilmember Cook, Mr. Vrambout described the businesses that he has contacted. Councilmember Menikheim noted that Special Olympics events will be held that same week. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the event. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 6of9 City Council Meeting April 17, 2012 City Clerk Ward noted that one of the sponsors, Lift Bridge Brewery, would not be able to serve alcoholic beverages on the day of the event. Mr. Vrambout indicated that he was aware of that and was looking at alternative arrangements. Possible approval of Farmer's Market Special Event and Contract — June 16 — October 27 City Clerk Ward reported that this event has been taking place for many years. The organizers use the River View parking lot, she added, and Cub Foods and the Veterans Memorial Committee have approved of the use. She noted that in the past the Council has waived the fee as most of the maintenance is paid for by Cub Foods. She stated there is a contract. Councilmember Roush asked about the payment for the portable restrooms. It was explained that the Farmer's Market organizers pay one -third of the cost, with the City paying two - thirds, and that the restrooms are on site all summer long. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2012 -065, approving the 2012 Stillwater Farmer's Market Agreement. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible approval of first reading of an ordinance to create and enact Section 52 -17 of the Stillwater City Code relating to drug paraphernalia Chief Gannaway explained that currently possession of paraphernalia is a misdemeanor offense, but there is nothing in City Code that prohibits the selling of paraphernalia. City Attorney Magnuson reported that this is based on an ordinance already tested in federal court, and he noted it expands on the definitions of paraphernalia in Minnesota Statutes. Motion by Councilmember Cook, seconded by Councilmember Roush, to approve the first reading of the ordinance relating to drug paraphernalia. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Possible accepting of bids and awarding contract for 2012 Street Improvement Project Mr. Sanders informed Council that three bids were received, with the low bid submitted by Hard Drives, formerly Tower Asphalt, at $1,792,321; he noted the low bid is slightly over the engineer's estimate of $1,750,000. He indicated that staff feels comfortable with the bid and believes the project can still be kept within the overall budget. Motion by Councilmember Cook, seconded by Councilmember Menikheim, to adopt Resolution 2012 -066, accepting bid and awarding contract for 2012 Street Improvement Project (Project 2012 -02). Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None Page 7 of 9 City Council Meeting April 17, 2012 Possible approval to purchase truck with hook system, snowplowiniz eauipment and hot box Mr. Sanders reviewed the request and explained how the truck would be a multiple use vehicle if the City purchases a hoist attachment. He pointed out that all of the vendors are off the state bid. Mr. Sanders also described the proposal to trade in the City's second grader and retrofit the existing plow trucks with wing mounts. He talked about the efficiencies to be achieved with the proposals. There was discussion about any cost savings realized during a mild winter, such as the past season. It was noted there is no separate budget for snowplowing; there is an overall department budget. City Administrator Hansen stated any savings that might be realized in snowplowing goes to do other things that might have been neglected. Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to approve the purchase as requested. All in favor. Possible approval to purchase a replacement wood chipper Mr. Sanders presented the request, and noted the existing chipper is 12 years old and needs to be replaced. Motion by Councilmember Cook, seconded by Councilmember Polehna, to approve the purchase as requested. All in favor. Possible approval of appointments /reappointments to Downtown Parking Heritage Preservation Human Rights, Parks, and Planning Commissions and Traffic Review Committee City Clerk Ward reviewed the recommended appointments, and noted openings were advertised and interviews conducted, with the exception of the Heritage Preservation Commission opening which will come back to Council after that takes place. Councilmember Roush referred to several appointments with terms over the term limits, and Ms. Ward responded that is because there were no other applicants. Motion by Councilmember Cook, seconded by Councilmember Polehna, to adopt Resolution 2012 -067, appointing members to Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions and Traffic Safety Review Committee. Ayes: Councilmembers Cook, Menikheim, Polehna, Roush and Mayor Harycki Nays: None COUNCIL REQUEST ITEMS Yellow Ribbon update Councilmember Polehna stated that October 21 -22 is the date of the annual pheasant hunt for veterans. He also indicated that he has been working with Mr. Hansen on music for the 4`h of July fireworks, and he suggested that Chief Gannaway contact the National Guard for traffic assistance that day. Page 8 of 9 City Council Meeting ADJOURNMENT April 17, 2012 Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjourn the meeting at 9:12 p.m. All in favor. e arycki, Mayor ATTEST: Diane F. Ward, City Clerk Resolution 2012 -061, Directing the Payment of Bills Resolution 2012 -062, Resolution approving the abatement of certain special assessments Resolution 2012 -063, Approving Stillwater 10 mile, 5K, Kid's One Mile and Toddler Trot agreement with Mastel Event Management, LLC Resolution 2012 -064, Approving River Run (10 Mile and 5K) agreement with Frontrunner Events Resolution 2012 -065, approving the 2012 Stillwater Farmer's Market Agreement Resolution 2012 -066, Accepting bid and awarding contract for 2012 Street Improvement Project (Project 2012 -02) Resolution 2012 -067, Appointing Members to Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions and Traffic Safety Review Committee Page 9 of 9