Wednesday, June 24, 2009

Worksession, Council Meeting and Noise Ordinance Public Hearing

It was a very busy day at City Hall. There was a full Council present for the City Auditor Report, the regularly scheduled City Council Meeting and the Public Hearing on the Noise Ordinance. Also in attendance at today's meetings were Mike Roth, Kim Dunsmoor, Don Davison and Sheriff Mark Falk.

City Auditor Report Worksession

Gary Giroux of the CPA firm Walker, Giroux & Hahn presented the Independent Auditor's Report for the City of Grand Marais. The findings of this annual audit were presented in a 51 page report entitled "Financial Statements and Supplementary Information for Year Ended December 31, 2008." The report states that the City of Grand Marais' practices for the Year 2008 conform with accepted accounting principles.

City Council Meeting

Law Enforcement
Sheriff Mark Falk and the Council discussed several City Law Enforcement matters including a Hell's Angels rally planned this summer in Carlton, the Noise Ordinance, Highway 61 traffic issues, downtown parking, and summer law enforcement staffing. Sheriff Falk also attended the Public Hearing for the Noise Ordinance.

MN DOT Update
Rob Ege from MN DOT has been out of the office, but will prepare a written summary of the MN DOT proposal to use additional signage and monitoring on the west end of town to slow traffic down as it enters on Highway 61. (Refer to City Council Meetings Minutes from June 10, 2009.) Ege will provide this written summary for the next Council Meeting.

Shawn Perich of the Hovland Fire Department contacted Sue Hakes with an idea for Hovland and Grand Marais to work together in the pursuit of grant funding for an EVENT CONGESTION AHEAD sign that would be shared. Council decided that the need for signage in Grand Marais immediate and moved to authorize Mike Roth to purchase (2) EVENT CONGESTION AHEAD signs for $1000; there was also concern about both Hovland and Grand Marais needing the sign on the same dates. The Council appreciated the offer from HVFD to partner.

Shawn Perich also made Hakes aware of the STOP program established by Keck Melby for the Hovland Volunteer Fire Department to provide traffic control/safety on scenes. Mike Roth will follow up with Shawn to see if the City might benefit from such a program.

City Attorney Request for Proposal
Council approved the Request for Proposals for Attorney Services. This RFP will be available on the City's website, the Cook County News Herald, the League of MN Cities classifieds. It will also be sent to several firms along the North Shore. Current City Attorney Don Davison has resigned his position effective July 15, 2009. Individuals or firms interested in learning more about submitting a proposal may contact Mike Roth at City Hall at 218 387 1848. Proposals are due July 17, 2009.

Street Project Payment
Pay estimate #4 for the Reconstruction and Creechville Improvements project was approved for payment.

Personnel
Lenny Bloomquist will be the new Street Department Supervisor for the City.

Council Reports
Tim Kennedy expressed his concerns about the growing urgency for decisions to be made about the 1% Sales Tax. The effort is being led by the County Board; the City is eager to move forward in an effort to pass the needed referendum.

Bill Lenz stated that the Park Board will have a Master Plan Recommendation for the City Council that will be presented to the Public on July 28 at 3:30 at City Hall.

Sue Hakes reported that Aaron Mielke of the Grand Marais Fire Department talked with Steve DuChien about the costs and needs to upgrade fire hydrants in the City. Mielke reported that to replace a hydrant will cost an estimated $3-4,000; approximately 20 hydrants will need to be upgraded or replaced over time.

Public Hearing for Amendment to Ordinance No. 2009-02

The first reading of An Ordinance Amending Grand Marais Code, Chapter 46, by Creating an Exception fo Noise Nuisances within the City for Live Musical Performances (aka the Noise Ordinance) was held at 5:00 PM at City Hall. Approximately 20 members of the public were in attendance at this hearing.

Members of the Public speaking at this hearing included: Jan Nosker, Andy Brostrom, Mary St. John, Bob St. John, Nancy Nosker, Jeff Gecas, Jane Shinners, Jeff Cerniak, Todd Miller, Michelle G., Joan Farnum, Rhonda Silence, John Gorski. Public feedback on the matter was delivered in a positive manner with great respect shown to persons with differing opinions on this matter. A spirit of cooperation was evident with several attendees expressing a desire to compromise.

Sheriff Mark Falk was asked to discuss the enforcement issues around the Noise Ordinance. Sheriff Falk expressed his concerns about use of a noise meter, stating that controlling noise by established times is easier to enforce.

After a lengthy discussion, the Council moved to amend further the existing Ordinance by changing the distance stated in Section (d) to 100 feet (from 50 feet) and by including the 4th of July in the exceptions. Here is the newly proposed wording for Section (d) Amplified Sound. Changes made today are in bold:

It shall be a violation of this section to play, operate or permit the playing, use or operation of any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of sound, unless otherwise permitted by law, located inside or outside, the sound of which carries to points of habitation or adjacent properties, and is audible above the level of conversational speech at a distance of 100 feet or more from the point of origin of the amplified sound. This section shall not apply to live musical performances:

1) between the hours of 12:00 o'clock noon and 10:00 o'clock p.m. Sundays through Thursdays; and
2) between the hours of 12:00 o'clock noon and 12:00 o'clock midnight on Friday and Saturdays;
3) between the hours of 12:00 o'clock noon and 12:00 o'clock midnight on the 4th of July, the Sunday before Labor Day and the Sunday before Memorial Day.
4) The City Council may permit other exceptions to the foregoing restrictions in connection with the application for a festival or street and sidewalk use permit.

The wording is confusing in the Ordinance. An attempt to simplify follows:
It is okay to play amplified music either inside or outside as long as the sound being made cannot be heard above the level of conversational speech beyond 100 feet from the place the music is originating. It's okay to play or make music above this level during the exception times stated above. In most cases, music played indoors will not pose a problem. This amendment basically makes it possible for music to be played outdoors until 10 pm Sun-Thursday and until 12 midnight on Fri-Saturday, 4th of July, the Sundays before Memorial Day and Labor Day, or by permit during city festivals.

It is important to note that the (2) Grand Marais establishments that play the most amplified music are eager to be considerate to the community and have made strides to reduce the volume level including reconfiguring their stage, moving speakers, installing air conditioning, etc.

The 2nd Reading of this Ordinance will be conducted at the City Council Meeting scheduled for July 8, 2009 at 4:30 in City Hall. The Public is encouraged to attend.

Mark Your Calendars

Tues July 7 at 3:30 Regular Park Board Meeting
Wed July 8 at 3:30 pm Worksession on Capital Improvements
Wed July 8 at 4:30 pm City Council Meeting
Tues July 28 at 7:00 pm Park Board Master Planning Presentation w/Carduus Consulting
Wed July 29 4:30 pm City Council Meeting