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HomeMy WebLinkAbout2015-06-16 CC MIN ater THE SIRTN►LACE OF MINNESOTA CITY COUNCIL MEETING MINUTES June 16,2015 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Absent: Councilmember Weidner Staff present: City Administrator McCarty City Attorney Magnuson Community Development Director Turnblad Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Harrison City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Possible approval of minutes of June 2, 2015 regular and recessed meeting and June 4, 2015 special meeting Motion by Councilmember Junker, seconded by Councilmember Menikheim,to approve the minutes of the June 2, 2015 regular and recessed meeting, and the June 4, 2015 special meeting. All in favor. PETITIONS,INDIVIDUALS, DELEGATIONS & COMMENDATIONS Resolution 2015-111, Presentation of Human Rights Award - Cynthia Parsons Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Resolution 2015- 111, Stillwater Human Rights Award. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None City Council Meeting June 16, 2015 Councilmember Polehna explained the purpose of the Human Rights Award. He read the resolution and presented the Human Rights Award to Cynthia Parsons in appreciation of her outstanding leadership and dedication to human rights. Ms. Parsons thanked the Council for the Award. She recognized community volunteers, Ascension Episcopal Church and First Presbyterian Church. Log Jam Update and possible approval of temporary liquor license and/or appendix for the sale of margaritas Erin McQuay and Brad Glynn, The Locals, updated the Council on Log Jam. They have applied for the 1-4 day temporary liquor license for the event. In addition to beer and wine being sold throughout the event, the Stillwater Lions Club like to serve margaritas Friday, Saturday and Sunday of the event, with proceeds from sales benefitting The Locals, Washington County Historical Society, and St. Mary's of Stillwater. The City of Cottage Grove is holding a similar event whose impacts may be available for comparison soon. An appendix to the temporary liquor license is being sought to allow for the sale of margaritas. Councilmember Junker asked how the margaritas will be served, and Mr. Glynn explained that a pre-mix will be used. In addition, there will be a separate one-hour margarita contest engaging bartenders. Police Chief Gannaway voiced an objection to the addition of margaritas, indicating that it was added after the event schedule was already established with minimum police staffing. Councilmember Menikheim asked if the resolution could be passed for the beer and wine license, but hold off for more details on the decision of whether to allow the sale of margaritas. Mayor Kozlowski stated he does not feel that sales of margaritas would have any greater impact than sales of beer and wine. Police Chief Gannaway responded that hard liquor adds a different element to the event. He reiterated that there will be minimal police staffing. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to approve the temporary liquor license. All in favor. Council consensus was to postpone action until the July 7 meeting on the appendix to the temporary liquor license request to allow the sale of margaritas. Proclamation: Stanford "Buster"Lassen Day Mayor Kozlowski noted the passing last week of Mr.Lassen. He read a proclamation designating June 17, 2015 as "Stanford `Buster' Lassen Day." OPEN FORUM Regarding a later agenda item, Stacy Hedner, Expo and VIP Director with the North Star Bicycle Race, stated they have new sponsors this year and a new charity partner, the Special Olympics. One of the sponsors would like to hold a small corporate event in Stillwater with about 50 people which would involve complimentary beer and wine being provided in an enclosed parking lot on Olive and Second Streets. No hard liquor would be served. They understand it is a last minute request with the event coming up on Sunday. The festival is willing to hire a Washington County deputy at its own cost. Page 2 of 10 City Council Meeting June 16, 2015 STAFF REPORTS Police Chief Gannaway informed the Council that plans for the 4th of July are all set. The Department will have as many hands on deck as possible. Mayor Kozlowski suggested the City close the parking lot behind the Freight House for pedestrians and fireworks watchers. Police Chief Gannaway replied that would result in a loss of significant parking. He does not see a big issue with pedestrians in that parking lot. Fire Chief Glaser added that his Department will add staff for the 4th of July, will inspect the fireworks, and will work cooperatively with the Washington County Sheriff's office to patrol the river. The City is responsible for getting buoys there to keep people out of the fallout area,which is standard every year. Community Development Director Turnblad informed the Council that the Downtown Parking Commission has tabled an ordinance amendment addressing parking vehicles in front yards; a first draft of the ordinance will probably be available for Council discussion in early fall. The Minnesota Historical Society has awarded the City a $66,500 grant to develop a statewide preservation commission training program. A resolution accepting the grant award will be available at the next meeting. Public Works Director Sanders reported that a retired landscape architect and former parks director for Washington County has volunteered to assist with the landscaping plan for Lowell Park. Public Works staff will pick up trash and make sure bathrooms are well supplied for the 4th of July celebration. City Attorney Magnuson explained the concept of a Municipal Commercial Rehabilitation Loan Program, in response to recent discussion of setting up a tax increment financing(TIF)district for the whole downtown. Under the program, loans may be made for economically inefficient, functionally obsolete and deteriorating or under-used buildings. The enabling statute allows the City to contract with a private entity or Washington County HRA to do due diligence on the loans. It would be on a contract basis so it would not require adding City staff. Staff will provide more information and report back at future meetings. Councilmember Menikheim pointed out the Council should discuss economic development for the whole city, not just downtown. As the Council deepens its understanding of economic development, it will need information to give to business owners to encourage them to come to Stillwater. City Administrator McCarty followed up on the strategic planning that Council and staff have been involved with over theP ast few months.Next,staff will work through action steps to achieve the goals that were set. CGI Video will be here this weekend to shoot video clips to update the City web site. He reminded the Council of the League of Minnesota Cities Conference in Duluth next week. CONSENT AGENDA Resolution 2015-112, directing payment of bills Resolution 2015-113, approving the 2015-2016 Labor Agreement between the City of Stillwater and LELS Police Sergeants Local 254 Resolution 2015-114, approval of reappointment to Board of Water Commissioners Resolution 2015-115, approval of CDBG cooperative agreement with Washington County Possible approval of quote for irrigation system Possible approval of Myrtle Street Lift Station improvements Page 3of10 City Council Meeting June 16, 2015 Resolution 2015-116, accepting Work and Ordering Final Payment for South Lowell Park Restroom Improvement Project At the request of Councilmember Menikheim, Resolution 2015-115, approval of CDBG cooperative agreement, was pulled from the Consent Agenda. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda as amended. Ayes: Councilmembers Menikheim,Junker, Polehna, Mayor Kozlowski Nays: None Councilmember Menikheim stated he does not understand what the CDBG program is about. He asked if HRA staff from Washington County could come and educate the Council about the City's options,and Community Development Director Turnblad responded that he feels that Washington County staff would be happy to come and address the Council.He explained the CDBG program. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to adopt Resolution 2015-115,approval of CDBG cooperative agreement with Washington County. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None PUBLIC HEARINGS Case No. 2015-02. A public hearing to consider the 2015 Street Improvements Public Works Director Sanders reviewed the 2015 Street Improvement project. The total project cost will be $578,000. 100%will be assessed to properties in the Industrial Park, and 80%will be assessed to properties on Second and Fourth Streets. Construction should occur in August, September, and October. Councilmember Junker stated his constituents have stated that Fourth Street is in need of improvements, and Public Works Director Sanders replied that the City will probably look at doing Fourth Street in the next three to four years. Mayor Kozlowski opened the public hearing.There were no public comments.The public hearing was closed. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2015- 117, ordering improvement and preparation of plans and specifications for the 2015 Street Improvement Project(Project 2015-02). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Case No. 2015-13. A public hearing to consider a request from the City of Stillwater for amendment to City Code Section 31-209,Design Permit, and Section 31-509, Sign Regulations,removing design review requirements for signage in the West Stillwater Business Park District Community Development Director Turnblad stated staff requests this be tabled. The Heritage Preservation Commission and Planning Commission are still working on some of the details. Page 4 of 10 City Council Meeting June 16, 2015 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to table Case No. 2015-13, request from the City of Stillwater for amendment to City Code Section 31-209, Design Permit, and Section 31-509, Sign Regulations, removing design review requirements for signage in the West Stillwater Business Park District. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of second reading of Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 —Liquor, various sections and subdivisions City Attorney Magnuson explained that the amendment reflects changes made by the last legislature related to brew pubs, tap rooms and small brewers. City Clerk Ward stated the Council needs to set a license fee for brew pubs. Staff recommends keeping it in line with the On-Sale license. Also, hours of operation need to be set for Sunday growlers. This too should be added to the ordinance. Motion by Councilmember Polehna, seconded by Councilmember Junker,to adopt Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 - Liquor, various sections and subdivisions as amended relating to hours of operation for the Sunday Growler off-sale. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Possible approval of second readies of Ordinance 1079,an Ordinance Amending the Stillwater City Code Sec. 59-1, Subd. 1(e) (Chapter 59—Traffic) City Attorney Magnuson explained the purpose of the Ordinance allowing the Council to set fee for the special vehicle by Council resolution.. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Ordinance 1079, an Ordinance Amending the Stillwater City Code Sec. 59-1, Subd. 1(e) (Chapter 59 -Traffic). Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Possible approval of second reading of Ordinance 1080,an Ordinance Amending the Stillwater City Code Sec. 56-4, Penalty for late payment of utility bills City Attorney Magnuson explained the purpose of the Ordinance. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Ordinance 1080, an Ordinance Amending the Stillwater City Code Sec. 56-4, Penalty for late payment of utility bills. Ayes: Councilmembers Menikheim,Junker, Polehna, Mayor Kozlowski Nays: None 4th of Jul update and revised budget et P g City Administrator McCarty reminded the Council that the adopted 2015 budget included$42,000 for the 4th of July Fireworks event- $30,000 of City funds and$12,000 in donations. To date,the City has received $8,250 in donations. In addition, there has been some discussion of enhancing Page 5 of 10 City Council Meeting June 16, 2015 the 4th of July event to include additional fireworks, Civil War cannons and a band, at an additional cost of$10,500.As proposed,an enhanced 4th of July event would have a total expense of$52,500 and current available revenue is $38,250. The funding gap is currently $3,750 for the base 4th of July event and $14,250 for the enhanced event. Possible financing sources for either option include additional donations and potential line item transfers within the 2015 adopted special events budget.Other discussion items related to the 4th of July event include consideration of closure of the city parking lot east of the Freight House to provide space for people to set up chairs during the day in anticipation of the fireworks show in the evening. Mayor Kozlowski reminded the Council of the discussion about providing live music while le liked the Civileo people wait for the fireworks to begin. Councilmember Polehna added that people War cannons used in the past too. Donors have agreed to provide the additional funds, but the City does not have the check yet. Councilmember Menikheim stated he felt that the additional $10,000 could be used somewhere else. He asked about funding sources within the City budget. City Administrator McCarty noted that the Special Events budget includes some dollars for the event coordinator position, which have not been spent at this point. But that may not be adequate to cover the $14,000 shortfall for the enhanced level of the celebration. He suggested the Council consider approving the enhancements conditionally, if the additional donations are available. Councilmember Polehna noted the cost of the Civil War cannons is $2,000. That could be eliminated if needed, however the expectation is that the donations will come in. Councilmember Junker stated he would prefer having live music over cannons if there are not funds for both. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to approve the amended budget, not dipping into any reserve funds, on the condition that the donated funds come in by June 19. All in favor. Mayor Kozlowski stated he thinks the City should close the parking lot by the Freight House for the event to provide more room for viewers to sit,and Police Chief Gannaway replied that closing the lot would reduce parking revenues. Councilmember Junker stated, as a member of the Downtown Parking Commission, he would hate to give up parking. Mayor Kozlowski asked about closing Sam Bloomer Way. Council consensus was to barricade Sam Bloomer Way for the event. NEW BUSINESS Possible approval of Off-Sale Growlers on Sunday—Lift Bridge City Clerk Ward stated an amendment to the small brewer off-sale liquor license for Lift Bridge Brewing is needed to match the ordinance amendment just passed. Motion by Councilmember Junker, seconded by Councilmember Polehna,to adopt Resolution 2015- 118, approving Amendment to Small Brewer Off-Sale Liquor License to Lift Bridge Brewing Technologies, LLC. Ayes: Councilmember Menikheim, Junker, Polehna, Mayor Kozlowski Page 6 of 10 City Council Meeting June 16, 2015 Nays: None Discussion of Rumble on the Deck Special Event July 10 City Clerk Ward explained that Rumble on the Deck has occurred for 20 years. Last year, City parking lots were used. This year they are proposing the use of their parking lot (which requires them to request an expansion of their liquor license premises for this event). They have provided a Plan A or Plan B for Council consideration. Depending upon the Council's decision, if they use their parking lot or the City's parking lots(Plan A or Plan B),will determine the need for a contract and Downtown Parking Commission review. It should be noted that allowing the use of the liquor uor area expansion more than occasionally would impact conditions of the Freight House's Special Use Permit and require mitigation of their parking spaces. Staff recommendation is to limit the liquor license premise expansion to times per year. The following fees apply for law enforcement for the event: $3,151.92 for Police Services (two for alcohol, four for noise enforcement and one parking enforcement) for a total of six officers. Eric Cameron,Freight House, clarified that Plan A would use the first row of the east lot between the Freight House and the river;Plan B is to use the Water Street and Chestnut lot. The preference is to use the Freight House lot and keep the event contained within Freight House property (Plan Al). The police services are in addition to their own private contracted security. Police Chief Gannaway recommended denial of the application, and stated that he has nothing against the Freight House. The event within their property is well run and well managed, but it has grown too large in the past couple of years, causing many community complaints. The bikes park everywhere throughout the downtown including on the grass. Mr.Cameron stated the Freight House wants to do everything in its power to manage the perimeter and keep it on their property. In promoting the event, they will include information about City parking regulations and noise ordinances. Councilmember Menikheim remarked that last year, he was very impressed by the general courtesy that he observed throughout the whole City. The vast majority seemed to be paying attention to the rules. The word needs to be put out again this year to let people know the rules will be observed and enforced. Mr. Cameron noted that last year,during the event,they were continually making announcements reminding event goers about the noise ordinance. Councilmember Polehna stated that it is good to bring people into town. But the noise is unnecessary and he gets complaints about it. He asked Mr. Cameron if event staff can go around and tell people to knock it off. Mr. Cameron agreed they do everything in their power to communicate that expectation. When event-goers are off Freight House property and leaving town,they are on their own to be mindful of speed limits and ordinances. He will ensure all entities involved in the event are clear on what to present to the public. Mayor Kozlowski stated the event is well managed but the City needs to work on enforcing noise regulations day to day. Police Chief Gannaway stated he will try to get a Safe and Sober detail for the event. Councilmember Polehna pointed out the City is not motorcycle-unfriendly, it is just noise- unfriendly. Page 7 of 10 City Council Meeting June 16, 2015 Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2015-119,resolution amending resolution 2015-096, approving the addition of the Freight House Parking Lot—Liquor License Premises,using Plan Al, the Freight House parking lot, and to limit the extension of the liquor license premises into the parking lot only two times per year. Ayes: Councilmember Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Discussion on the Amendment to North Star Bicycle Race City Clerk Ward stated staff has received a request to amend the North Star Bicycle Race contract to allow alcohol and appetizers (catered) in a VIP area. The request has come in very late, and has even changed since a conversation with Chief Gannaway. Staff has concerns with the request coming in so close to the actual event. Stacy Hedner, Expo & VIP Director, expressed concern about using a bike barrier, as it is expensive and heavy to haul. They have the orange fencing they would prefer to use. Councilmember Menikheim commented he feels the request is reasonable for bringing a national event to Stillwater. He supports the request. Councilmember Polehna agreed the City is lucky to have the event here. Motion by Councilmember Polehna, seconded by Councilmember Junker to approve the amendment, and to allow one snow fence to be used as a barrier around the VIP tent. All in favor. Bergstein Reuse Study Draft Community Development Director Turnblad presented the first draft of the Bergstein Shoddy Mill and Warehouse Reuse Study. The principals would like to know whether the Council is comfortable with their draft recommendation of partial rehabilitation to include the exteriors of both buildings and the lower level of the warehouse. This would leave the interior space of both buildings finished in an open way to allow for maximum flexibility of use, such as: basic services for trail users, historic interpretation, program and exhibit space, and a National Park Service visitor contact station. The Heritage Preservation Commission supports the recommendation for partial rehabilitation. They would like to see Phase 1, work on the exteriors, done first with the inside done as Phase 2. The final report will have estimated costs of partial rehabilitation. The next step would be for the City to create a temporary steering committee that would identify programs and guide development of design documents. Councilmember Junker commented the seafoam green color has to go, and Mr. Turnblad responded that the Heritage Preservation Commission agrees. They want to see something done with the outside of the building soon. Councilmember Menikheim noted he is concerned about security. The City will have to spend some money to address the issues of appearance and security as soon as possible. Community Development Director Turnblad stated if the biggest concern is the green color, something could probably be done about that relatively inexpensively. It would probably mean painting siding that is going to be removed eventually. Councilmember Menikheim added that demolition must remain an option if people are not excited about the buildings. Page 8 of 10 City Council Meeting June 16, 2015 Community Development Director Turnblad acknowledged that the demolition option and other alternatives will remain in the report, staff will just not do the number crunching on the other scenarios. Motion by Councilmember Menikheim, seconded by Councilmember Polehna, to direct consultants to finish the final draft based on the recommendation for partial rehabilitation. All in favor. Possible approval of amendment to DNR Permit Community Development Director Turnblad explained that in 1989, St. Croix Boat and Packet got their current dock permit for four permanent excursion boats and 18 transient slips. Two excursion boats have been added, so they agreed to reapply to the DNR for a permit. The City must be a co-applicant on the permit. Staff recommends remaining as co-applicants in the existing relationship and allowing the permit to be filed with the DNR. Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adopt Resolution 2015-120, resolution authorizing the submittal of a Minnesota Department of Natural Resources Public Waters Work Permit application. Ayes: Councilmembers Menikheim, Junker, Polehna, Mayor Kozlowski Nays: None Councilmember Menikheim brought up concerns about the bottleneck in the area with boats, bikes, and people. The Council should be thinking about this, and Community Development Director Turnblad replied that there has been quite a bit of thought given to that. The Bridgeview Park plan looks at these uses and includes one alternative that may be reasonable. Staff recognizes there will be a lot of people during peak periods,and keeping people safe and moving is important. COUNCIL REQUEST ITEMS Councilmember Polehna informed the Council that the Beyond the Yellow Ribbon Committee will be leading the Log Jam Days parade. A Veterans Color Guard, the Minneapolis Mounted Patrol and Washington County Mounted Sheriff's Posse also will participate in the parade. He would like members of the Council to all participate in the parade as a group. Councilmember Menikheim stated things are going a lot better this year with Log Jam Days. He appreciates what The Locals are doing. He would like to purchase five Log Jam t-shirts for Councilmembers to wear in the parade. He acknowledged that Dave Ratte is doing a great job coordinating the parade. Public Works Director Sanders reminded the Council of the June 24 open house for the Washington County Road 12 corridor project. ADJOURNMENT TO EXECUTIVE SESSION Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn to Executive Session at 9:15 p.m. All in favor. Ted Kozlowski, Mayor Page 9 of 10 City Council Meeting June 16, 2015 ATTEST: AA. 1 Diane F. Ward, City Clerk Resolution 2015-111, Stillwater Human Rights Award—Cynthia Parsons Resolution 2015-112, Directing the Payment of Bills Resolution 2015-113, approving the 2015-2016 Labor Agreement between the City of Stillwater and LELS Police Sergeants Local 254 Resolution 2015-114, approval appointment to Board of Water Commissioners Resolution 2015-115, approval of CDBG cooperative agreement with Washington County Resolution 2015-116, Accepting Work and Ordering Final Payment for South Lowell Park Restroom Improvement Project Resolution 2015-117, Ordering Improvement and Preparation of Plans & Specifications for the 2015 Street Improvement Project (Project 2015-02) Resolution 2015-118, Approving Amendment to Small Brewer Off-sale Liquor License to Lift Bridge Brewing Technologies, LLC Resolution 2015-119, resolution amending resolution 2015-096, approving the addition of the Freight House Parking Lot—Liquor License Premises Resolution 2015-120, Resolution Authorizing the Submittal of a Minnesota Department of Natural Resources Public Waters Work Permit Application Ordinance 1078, an Ordinance Amending the Stillwater City Code Chapter 43 - Liquor, various sections and subdivisions Ordinance 1079, an Ordinance Amending the Stillwater City Code Sec. 59-1, Subd. 1(e) (Chapter 59 - Traffic) Ordinance 1080,an Ordinance Amending the Stillwater City Code Sec. 56-4,Penalty for late payment of utility bills Page 10 of 10