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HomeMy WebLinkAbout2014-04-15 CC MIN4g*ga.1e,,, ... IIOTM►LOC. O. M...../TO CITY COUNCIL MEETING MINUTES April 15, 2014 REGULAR MEETING Mayor Harycki called the meeting to order at 7:03 p.m. 7:00 P.M. Present: Councilmembers Menikheim, Weidner, Polehna, Mayor Harycki Absent: Councilmember Kozlowski Staff present: City Administrator Hansen City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser City Planner Wittman Finance Director Harrison 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 Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the April 1, 2014 regular and recessed meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Possible approval of the Stillwater 1/2 Marathon Special Event & Contract May 24-2014 - Brian Mastel Brian Mastel, Mastel Event Management, explained he was hired by Run Stillwater, Inc. to manage the marathon which includes a half marathon and a 5K. He reviewed the routes proposed. Councilmember Weidner asked why the run is proposed for Stillwater and how it will benefit the City, and Mr. Mastel responded that Run Stillwater, Inc. wants to bring more runners to the area. The event will showcase the beauty, amenities and hospitality of Stillwater and runners will spend money in town. Councilmember Polehna inquired why the event is not going through the public hearing process for new events, and City Clerk Ward replied that the event was cancelled last year and the proposed routes changed because of construction this year. City Council Meeting April 15, 2015 Mr. Mastel noted the old route required more traffic control and the new route has less impact on traffic. He views it as an existing event that was postponed last year due to the moratorium on special events. Councilmember Weidner commented that if the event was not approved last year due to the moratorium, then he views it as a new event subject to the new event process, and Mr. Mastel stated when he submitted the permit application in January, he was not informed that it would have to go through the approval process as a new event. Councilmember Menikheim noted that he supports the event. Councilmember Polehna agreed that he too supports the event, but it should follow the rules - the task force put a policy together and it is not being followed. City Clerk Ward reported that staff did not consider the marathon to be a new event, because it would have been the same event and route as proposed last year. However, the route changed due to construction. Councilmember Weidner expressed concern about the applicant not attending previous meetings when the event was on the agenda. Police Chief Gannaway indicated that there were some requirements he had asked the applicant to meet. Councilmember Weidner stated whether it is considered a new event or old event is a big question, because this is not the "Stillwater Marathon" which was an established event. He feels it is unfortunate the applicant was not at previous meetings when this was on the agenda. Mayor Harycki pointed out that the application was turned in January 29, so if there was a mess- up, it was probably internally with different people looking at the application. The Council should discuss what it does and does not consider to be a new event; however he is in favor of approval as time is short. Councilmember Polehna stated he supports approval for this year but he would like to see the applicant go through the new event approval process next year. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the Stillwater 1/2 Marathon Special Event and Contract, adding a condition that the organizers encourage the use of the parking ramp for race finishers, and that they understand this is not considered an old event. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Harycki Nays: None Mr. Mastel asked the Council if the Log Run, scheduled for September 27, would be considered a new event, since the date was changed, and the consensus of the Council indicated yes it would. OPEN FORUM There were no public comments. Page 2 of 7 City Council Meeting STAFF REPORTS April 15, 2015 Fire Chief Glaser thanked citizens for shoveling out hydrants. He noted that the DNR has initiated burn restrictions as the fire danger is considered high. He reminded the community of Severe Weather Awareness Week, next week, and that the tornado drill day is Thursday with outdoor warning sirens sounding at 1:45 and 6:55 p.m. City Clerk Ward announced a retirement in the administration department; the position will be advertised. Public Works Director Sanders reported that next week the bridge over Manning Avenue, for the Gateway Trail, will be started with paving of the trail done by the end of 2014. The National Weather Service is predicting the river will crest this Thursday or Friday below previous predictions. Tomorrow there is a public meeting with the Coast Guard about changes in the lift bridge schedule. He has talked to Washington County about replacing some of the dead trees on Manning Avenue. Second Street repairs should be done by the end of the week. Finance Director Harrison informed the council that auditors were here March 31 -April 4 and all went well. CONSENT AGENDA Resolution 2014-057, directing payment of bills Possible approval of parking spaces for Stillwater Trolley Resolution 2014-058, approving transfer of a tobacco license from Yocum's Holiday Store #3939 to Holiday Station Stores, Inc. Possible approval of SCBA purchase — Fire Department Resolution 2014-059, approving 2014-15 Technical Services Agreement with Washington Conservation District Resolution 2014-060, approving 2014 Harley-Davidson FLHTP Lease — Police Department Resolution 2014-061, calling for a public hearing by the City Council on the proposed adoption of a modification of the development program for Development District No. I and the proposed adoption of the Tax Increment Financing Plan for District No. 11 Resolution 2014-062, regarding the administration of the Minnesota Wetland Conservation Act Possible approval to purchase and install ball field fencing at Millbrook Park Resolution 2014-063, approving contract with Thul Specialty Contracting Inc. — Washington Avenue Joint Repair Possible approval of Capital Release — Library Possible approval of quote from Burschville Construction for Second Street repair Resolution 2014-064, approving temporary easement to construct Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt the Consent Agenda. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Harycki Nays: None Page 3 of 7 City Council Meeting PUBLIC HEARINGS April 15, 2015 Case No SUP/2009-017 A public hearing to consider a request by ArtReach Alliance, 224 4th Street North for approval to hold outside events in 2014 which is a condition of the Special Use Permit approved on May 29, 2009. City Planner Wittman explained that a condition of the Special Use Permit for ArtReach Alliance dictates that outside assemblies will only be allowed with approval of the City Council after holding a public hearing. The condition was put in place to prevent conflicts with residential uses in the neighborhood. ArtReach has requested approval of 2014 programming events. While some events are specifically designed to be hosted on the front porch, guests may `spill over' onto the front porch or lawn during other events as well. Staff recommends the Council approve the resolution authorizing outdoor assemblies to be held in conjunction with ArtReach Alliance's 2014 programming. Heather Rutledge, ArtReach Executive Director, thanked the Council for considering the request. Mayor Harycki opened the public hearing. David Levy, 306 Fourth Street North, stated he would not be in favor of allowing any amplified music. Jane Paskvan, 314 Fourth Street North, agreed that amplified music would not be okay. The neighborhood has dealt with a lot of noise from this and other venues. She does not believe a small venue needs to have amplified music outdoors. Jerry Helmberger, 303 Fourth Street North, expressed appreciation for ArtReach's work, but he feels the music gets a little loud and should not be amplified. Mayor Harycki closed the public hearing. Ms. Rutledge informed the Council that last year there was a guitarist or keyboardist, and singer, with mostly jazz and folk music, not large ensembles. Amplification is only used when needed to hear the instrument. ArtReach is not trying to be a concert venue, but simply adding multi- disciplinary arts to its programming. Timothy Paskvan, 314 Fourth Street North, stated last year, the ArtReach events made so much racket that it could be heard despite closed doors and windows. It was disturbing the peace. Mayor Harycki noted that Stillwater is unique in that sound carries all around the City with the hills, so maybe amplification should be prohibited. Ms. Rutledge replied that restriction would eliminate music altogether. Councilmember Polehna suggested that the amplified events be moved to the new amphitheater downtown. Ms. Rutledge replied that the goal of the events is to bring people into the art gallery. Councilmember Weidner stated he would be in favor of allowing the outdoor events without amplification. Councilmember Menikheim agreed, adding that the arts community needs support. He suggested getting musicians who can be heard without amplification and inviting the neighbors. Page 4 of 7 City Council Meeting April 15, 2015 Motion by Councilmember Weidner, seconded by Councilmember Menikheim, to adopt Resolution 2014-065, a resolution approving outdoor assemblies in conjunction with the 2014 Art Reach Alliance Events program; Condition of Case No. SUP/2009-17, with a prohibition on amplification. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Harycki Nays: None A public hearing to consider the recommendation of denial of a tobacco license to Stillwater Tobacco Shop Inc. located at 2040 Market Drive. Shaesta JanetKhan a 1p ip cant• City Attorney Magnuson requested that the Council table the recommendation until the next meeting because an amended application has been received from the applicant. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to table the application. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Harycki Nays: None UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Discussion on Proposed Ordinance Amendments City Attorney Magnuson reviewed proposed ordinance amendments concerning offenses for which the City is permitted to issue administrative citations. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the first reading of proposed amendments to the Stillwater City Code regarding public urination, noise, administrative offenses and fine schedule. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Harycki Nays: None Possible approval of appointment to Library Board Mayor Harycki suggested tabling the action for a full Council, since Councilmember Kozlowski is absent. Possible approval of appointments to various Boards/Commissions Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt Resolution 2014-066, appointing members to Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions, and Traffic Safety Review Committee. Ayes: Councilmembers Menikheim, Weidner, Polehna, Mayor Harycki Nays: None Page 5 of 7 City Council Meeting Update on Stillwater Log Jam April 15, 2015 City Administrator Hansen reviewed Event Coordinator Mens -Eastman's report. There are still some outstanding issues which he feels will be resolved. He anticipates having Event Coordinator Mens -Eastman and The Locals at the May 20, 2014 City Council meeting. COUNCIL REQUEST ITEMS Councilmember Polehna informed the Council that the Beyond the Yellow Ribbon group is being revitalized, as some personnel from Stillwater are going to be deployed. Also he met with Friends of Stillwater Area Dog Park about authorization to move ahead with the dump site, and suggested having a neighborhood meeting. He also met with fireworks vendors about music for the Fourth of July. He suggested the Council consider adopting a Branding Policy for consistency in marking City vehicles. Councilmember Menikheim asked about TIF allocated for the boutique hotel. City Attorney Magnuson explained that the developers are anxious to move forward and are working on a plan which will be mailed along with a fiscal analysis to the School Board and Washington County for comment next week. It will then be considered for adoption after a public hearing June 3. ADJOURNMENT Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adjo the meeting at 8:07 p.m. All in favor. rn Ken ATTEST: Diane F. Ward, City Clerk Resolution 2014-057, directing payment of bills Resolution 2014-058, approving transfer of a tobacco license from Yocum's Holiday Store #3939 to Holiday Station Stores, Inc. Resolution 2014-059, approving 2014-15 Technical Services Agreement with Washington Conservation District Resolution 2014-060, approving 2014 Harley-Davidson FLHTP Lease — Police Department Resolution 2014-061, calling for a public hearing by the City Council on the proposed adoption of a modification of the development program for Development District No. 1 and the proposed adoption of the Tax Increment Financing Plan for District No. 11 Resolution 2014-062, regarding the administration of the Minnesota Wetland Conservation Act Resolution 2014-063, approving contract with Thul Specialty Contracting Inc. — Washington Avenue Joint Repair Resolution 2014-064, approving temporary easement to construct Page 6 of 7 City Council Meeting April 15, 2015 Resolution 2014-065, a resolution approving outdoor assemblies in conjunction with the 2014 Art Reach Alliance Events program; Condition of Case No. SUP/2009-17 Resolution 2014-066, appointing members to Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions, and Traffic Safety Review Committee Page 7 of 7