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.
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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
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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.
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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
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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.
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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
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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