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HomeMy WebLinkAbout2004-08-03 CC MIN .. CITY OF STILLWATER CITY COUNCIL MEETING NO. 04-16 August 3, 2004 REGULAR MEETING 4:30 P.M. Mayor Kimble called the meeting to order at 4:30 p.m. Present: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Absent: Others Present: City Administrator Hansen Director of Administration Knauss Public Works Director Eckles Acting Fire Chief Glaser Finance Director Harrison City Clerk Ward OTHER BUSINESS Mayor Kimble informed the Council that there might be a large group attending the 7:00 p.m. meeting under Open Forum to provide comments on Lumberjack Days. He suggested that comments be taken, but requested that a workshop be held at 4:30 p.m., August 17, 2004 to discuss the issue when the police chief (who is on vacation) and Mr. Eckberg can attend. Council member Milbrandt stated that members of the Lumberjack Days Association should also be invited to attend. City Administrator Hansen informed the Council that a budget workshop is scheduled for that time and asked for direction on whether to schedule any budget items. Mayor Kimble stated that he would make an announcement of the workshop, invite comments at the Open Forum, however ask the public to limit their comments, especially if they are the same as the previous speakers and encourage written comments to be provided to the Council for their workshop. He explained that there are four public hearings scheduled for 7:00 p.m. and felt that it was unfair to those applicants to have to wait for a long time to have their public hearings. Councilmember Rheinberger stated that the comments should not be limited in time during the Open Forum and preclude speakers with a time limit. He was in favor of a 4:30 workshop to discuss the Lumberjack Days issues. ' Councilmember Kriesel stated that he is in favor of a workshop to discuss Lumberjack Days and it would allow the respective departments to provide Council with repo~s on .' City Council Meeting - 04-16 August3,2004 the impact to their departments. He stated that he wants the people to understand that this Council is fully committed in preventing what happened on Saturday night, not to happen again and that it is a major issue to the Council, but input from staff is also needed. Council member Junker stated that having a workshop on the issue and meetings following should show that this Council is not going to ignore the concerns of the businesses and residents. He stated that he doesn't want to cut people off, but hopes that the people won't repeat the same things. Councilmember Milbrandt stated he trusts that the people won't say the same thing however; the Open Forum is a place to let people speak. Motion by Council member Milbrandt, seconded by Council member Rheinberger to conduct a workshop at 4:30 p.m., August 17, 2004 for Lumberjack Days discussion and invite Lumberjack Days Association board members, Mr. Dave Eckberg and directing respective departments to provide reports to Council. All in favor. STAFF REPORTS Acting Fire Chief Glaser provided Council with an update on the July fire calls. He stated that the department responded to 159 calls in July and that the average is between 90-100 calls. Mr. Glaser thanked his department for their work during the month and the events taking place. Mayor Kimble informed the Council that the interviews for Fire Chief had taken place today and that a recommendation from the City Administrator would be available at the August 17 meeting. Public Works Director Eckles provided an update on the North Hill project. He stated that at the 7:00 p.m. meeting staff is recommending approval of plans and specifications and to advertise for bids for the Phase III portion of the project. He stated that a neighborhood meeting would be held on Tuesday, August 10 at 6:30 p.m. at City Hall. Mr. Eckles also provided information relating to the request by Mn/DOT for the need of a temporary easement and permit to construct, relating to the rehabilitation of the Historic Stillwater Lift Bridge, access trails and historic monument beginning August 28, 2004, for a period of three years. He stated that Mn/DOT is willing to pay for the permit to construct. He stated that Mn/DOT is considering doing some of the work on the bridge (that does not require closure of the bridge) starting this fall. Council was concerned that Mn/DOT would use the property even after the rehabilitation of the bridge is completed or start using it now for storage for the next three years. Page 2 of 18 City Council Meeting - 04-16 August3,2004 Mayor Kimble stated that the rehabilitation bridge project is to begin after Lumberjack Days in 2005. Council member Rheinberger spoke in favor of approving the permit to construct and temporary easement and renting the land to Mn/DOT for three years. Council member Milbrandt stated that he would like some review process so that if Mn/DOT is done in 1.5 years they are moved out of the area and just don't keep it for three years. Public Works Director Eckles stated that when the temporary easement is prepared he would have the City Attorney review the document to make sure the Council's concerns are addressed. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt authorizing Public Works Director Eckles to continue negotiations regarding the temporary easement with Mn/DOT and sign the permit to construct for the rehabilitation of the Historic Stillwater Lift Bridge, access trails and historic monument beginning August 28, 2004. City Administrator Hansen stated that because the workshop for Lumberjack Days will take place, in lieu of a budget workshop, he requested that a special meeting for that budget workshop be held on August 31,2004 at 4:30 p.m. Motion by Council member Rheinberger, seconded by Councilmember Junker authorizing a special meeting on August 31,2004 at 4:30 p.m. All in favor. Mayor Kimble informed the Council that Robert Murphy, a former Stillwater Police Officer for approximately 7 years and Deputy Sheriff for 25 years had passed away. Mayor Kimble recessed the meeting at 5:03 p.m. RECESSED MEETING 7:00 P.M. Mayor Kimble called the meeting to order at 7:00 p.m. Present: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble None Absent: Others Present: City Administrator Hansen Director of Administration Knauss Public Works Director Eckles Community Development Director Russell Acting Fire Chief Glaser Finance Director Harrison City Clerk Ward Page 3 of 18 City Council Meeting - 04-16 August 3, 2004 APPROVAL OF MINUTES Motion by Council member Rheinberger, seconded by Councilmember Junker to approve the July 20,2004 regular meeting and executive session minutes. All in favor. Public Works Director Eckles informed the audience of an Open House on Tuesday, August 10, 2004 at 6:30 p.m. for the Phase III North Hill Project. He provided an update on the North Hill project and stated that Poplar Street is open. Councilmember Rheinberger asked about the rehabilitation of Schulenburg Park. Mr. Eckles stated that the park would be restored once the project is completed. He also stated that he would be working with the Parks Board to see if there are some changes they would like to see made. He stated that he would be talking to the contractor to see if some grading work can be done to improve the grading in the park. OPEN FORUM Mayor Kimble stated that at the 4:30 meeting Council setup a workshop date of 4:30 p.m., August 17, 2004 to discuss Lumberjack Days issues when the police chief (who is on vacation) will be available to participate in the discussion. He stated that comments would be taken and encouraged written statements to be provided to Council prior to the Council workshop. Mr. Mike Robinson presented Council with a bag of garbage from Lowell Park, stated that the park looks terrible, and should be cleaned up after an event. He stated that it is the City's responsibility to make every effort to clean up after the event. He also stated that the City wants to spend considerable money to upgrade Lowell Park and the City can't even maintain it in grass. He felt that this mess should not be put on the front lawn of the City. Ms. Margaret Brownson, 1512 W. Linden and business owner downtown stated she is not against Lumberjack Days but the rock concerts. She stated that people from the concerts do not come back to Stillwater. She felt that Lumberjack Days should be as they were years ago and the current Lumberjack Days alienates customers from coming downtown. She stated that she picked up beer bottles and is concerned that the police cannot control the drinking. She stated that it does not benefit the residents or the business owners. She asked if the City gets money from Lumberjack Days. She stated that she enjoys the parade and the fireworks. She is also concerned about the boating issue on the river during the concerts. She requested that Council rethink the entire issue because it is not the right thing for Stillwater and is not the reputation Stillwater wants. Mayor Kimble stated the City does not get money from Lumberjack Days. Page 4 of 18 City Council Meeting - 04-16 August3,2004 Mr. Thomas Loome, business owner downtown, stated that the businesses suffer from Lumberjack Days. He stated that Lumberjack Days is bad news and an embarrassment to the community. He agreed with the previous speaker that parts of Lumberjack Days are good, however the problem is certain parts of Lumberjack Days that have entered into the event. He felt that St. Croix Events should not put on Lumberjack Days because they ruined it, go back to the drawing board, figure out what kind of Lumberjack Days is wanted and turn it over to people who will run it in a sane, rational, dignified manner. Ms. Rita Graybill, Elephant Walks B&B, 801 W. Pine, echoed and agreed with the previous speakers. She stated that it is the hardest weekend to fill at her B&B because people don't want to come during that time. She felt that the damage deposit should cover the damage and cleanup and stated that it was a disgrace. Mr. Pete Peterson, 118 N Main, stated that bigger is not better and business drops like a rock during Lumberjack Days. He stated that because of Friday night, they chose not to open on Saturday. He agreed with previous speakers comments. Ms. Tracy Baglio, 820 Eagle Ridge Place, stated that she was on the City chamber prior to the merger and there were concerns with the St. Croix Events contract. She stated that Lumberjack Days has to change. She said there is no benefit except to St. Croix Events and has been concerned about this event for years. She stated that on the way home from downtown her and her daughter saw a boy her daughter's age drunk stumbling through the garbage to Lens Foods. Mr. Mike McGuire, Brick Alley, agreed with Mr. Loome's comment but asked whom the City's contract for Lumberjack Days is with and how long is the contract for. Mayor Kimble explained that the Chamber came and said they couldn't do the event any more because it cost too much money. Some local businessmen formed Lumberjack Days Festival, Inc. The City entered into a contract with Lumberjack Days Festival Association and they contracted St. Croix Events to manage the event. Mr. Dave Eckberg, St. Croix Events, stated the contract is an annual contract. Ms. JoAnn Grundhauser, Diamonds on Main, stated that the element that was brought in was disgraceful and Lumberjack Days has to change, it is bringing the wrong crowd to Stillwater. She stated that Saturday was the most terrifying night in the 19 years in Stillwater. She stated that because of the fantastic security provided for Lumberjack Days it protected her livelihood, for which she is grateful however, Lumberjack Days has to be revamped entirely and agrees with all of the comments. She felt that only one group benefits from LJD. LJD should be investigated more deeply and changed. Ms. Deb Ash, 320 2nd Street N, and downtown business owner, stated that she did not get any sleep because the music was too loud and is sure that it disturbed Rivertown Commons and the senior housing behind her. She stated that when she first opened a business in Stillwater LJD was a community event and even when St. Croix Events first Page 5 of 18 City Council Meeting - 04-16 August3,2004 took it over for 3-4 years it was still a good event with good bands. Since REO it has been a disturbance to the community and there is a public safety issue because of the elderly that live in the area. She stated that the young people in her store, as well as herself, don't want Lumberjack Days to go away, but it has to be changed to more of a community event. She agreed with the other comments previously stated. Mr. Larry Nelson stated that Lumberjack Days should continue but not in its present form. He stated that he has seen the LA riots and it made him nervous because this reminded him of this, but on a smaller scale. He stated that the music determines the crowd and felt that rather than having "big name bands" that there are so many other things that could be done. Mr. John Hiedlman, 107 N. 3rd Street, stated that it brought a criminal element to Stillwater. He agreed with previous speakers and asked that the agreement with St. Croix Events be pulled. Ms. Gail Roettger, 114 N. Main Street, stated that Lumberjack Days does not start on Saturday; it starts on Tuesday with the beer trucks. She requested a complete audit of the event because she would like to know what and how much the non-profits make on this event. She reviewed her experience with the Saturday night concert and found an intoxicated woman on her deck that she had to take through her apartment to her friends. She stated that the garbage and mess afterwards was terrible. Mr. Mead Stone, 410 W. Maple, and River Market, agreed with everyone who spoke and urged the Council to listen and do the right thing. Ms. Ellie Samuelson, 904 S. 3rd Street, stated that she is embarrassed at what Lumberjack Days has turned into; it has destroyed Stillwater's reputation. Elizabeth Humphreys, 209 Martha, stated they attempted to attend the concert on Saturday night but they had to escape from downtown because it was too crowded. She stated her neighborhood was under siege by drunken young men, we had to patrol our neighborhood to keep people quiet and off their properties. She called the police and they were told to go in their homes and lock the doors. She stated that she loves the concerts and LJD but didn't think there should be music on Thursday night because people work on Friday. She felt that there should be something between the "Six Fat Dutchmen and Lynyrd Skynyrd so it can be enjoyed by families and not be afraid to be downtown. Mr. Dave Middleton, 211 Northland, stated that Lumberjack Days has some great things such as the parade, Teddy Bear Band, log rolling shows, the 5K and 10K races, etc. and hopes everyone keeps that in mind as well. He stated that the good stuff should be kept and address the problems that there are. l ~ Mr. Bruce Ehlers, 110 Lakeside Drive, stated that the City and law enforcement did a great job protecting our citizens. He stated that the people speaking are a small Page 6 of 18 City Council Meeting - 04-16 August3,2004 majority of the City and they are making it sound like a disaster. He stated that he was there all four days and no one got hurt, there were no riots, and said that the sheriff and police chief said it was amazingly calm for the amount of people who were here and attributed that calm to the presence of the people, law enforcement, and St. Croix Events and the City having the foresight to have additional security. Mr. Karl Diekman, 522 W. Oak Street, stated that people have pride in their property and that people shouldn't have to watch their property so no one defecates or trashes the property. He stated that if there are concerts it should be moved to the Washington County Fairgrounds. Mr. Erik Danielson, 118 School Street, agreed with the comments that Lumberjack Days needs to change, he suggested blue grass or something unplugged. Ms. Kristin Klemestrud, Savories, stated that she suffered a decline in business with Lumberjack Days. She agreed with previous comments and also stated that Lumberjack Days can be a good thing for the community with changes that benefit the community. She stated that there are many people and businesses that work hard for the community. She urged the Council to let the business owners and residents have a say in Lumberjack Days. Mr. John Daly, Freighthouse, stated that he is on the board of directors for the Lumberjack Days Festival Association, Inc. He stated that the task before the Council is large. He stated that he has listened to issues relating to parking, economic development, customer issues, soft economy and asked is this about Lumberjack Days or just about Saturday night of LJD? He asked Council to think about two questions; who singularly gets to determine what all of our customers in the CSD look like, he felt that there is many different opinions who our customers are. He also asked what is the focus tonight, is the issue Saturday night? He stated that every time there is an event it enables us to sell hundreds of gift certificates and the bars works hard during these events. Ms. Martha Gruber and Ms. Renee Truax wanted to give comments from a younger group. They felt that there are business opportunities during LJD. They stated that this year's Lumberjack Days was really different. They stated it should be a community event that is shared with family and friends rather than something you hear about the next day. Ms. Truax stated that she couldn't get down Myrtle Street because there were so many people, drinking and punching each other, this is not what LJD is about. She stated that it is about having fun and that input from the businesses and residents should be part of the process. Mr. David "Choc" Junker, 1001 4th Street N, stated that the event was too large, that Minneapolis/St. Paul are able to handle that size crowd, not Stillwater. He asked Council to scale it back. He stated that scaling it back would be better and people would be happy. Page 7 of 18 City Council Meeting - 04-16 August3,2004 Ms. Beth Samuelson, 527 W. Laurel, stated that she deals with at risk teenagers and that Lumberjack Days has a tremendous impact on teenagers with all the alcohol involved. She didn't think this Lumberjack Days was appropriate for teenagers to attend unmonitored. Mayor Kimble thanked the people for their comments and that the Council is not set on destroying Stillwater, they love it too. He also stated that they will do whatever they can to remove what was negative from the annual celebration, have positive things and looking forward to hearing from people further. Again he requested that comments be submitted in writing, he encouraged businesses to provide input before the workshop on August 17, 2004. He stated that he received a comment suggesting a blue grass/jazz festival because it would not draw the young crowd. Mayor Kimble recessed the meeting at 8:15 p.m. Council member Rheinberger stated Lumberjack Days should be cut back substantially, 2/3 or greater because damage in excess of $100,000 has occurred, good-will has been extensively hurt and will take about three years to fix; many stayed in their homes to feel secure and secure their property. He felt that there would be lasting physiological damage for many and it will not be a night that most residents forget. He stated that we have to remind ourselves whose City this is and what benefit did they receive, and what risk did they have in this event. He felt that there was no individual benefit and the risk was high and close to real harm. He stated that LJD needs to accommodate local residents first. Councilmember Kriesel stated that whole issue around Lynard Skynard involved common sense and that is why he voted against Lynard Skynard as part of Lumberjack Days. That type of venue belongs across the river and not in Stillwater. Mayor Kimble again recessed the meeting at 8:25 p.m. Mayor Kimble reconvened the meeting at 8:35 p.m. CONSENT AGENDA Motion by Councilmember Rheinberger, seconded by Councilmember to approve the Consent Agenda. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Resolution 2004-161, directing payment of bills Approval to hang banner on Chestnut Street August 20 thru Sept. 19, 2004 for Art Reach Alliance Historic Homes Tour Resolution 2004-162, a resolution correcting a scrivener's error contained within the budget for district Page 8 of 18 City Council Meeting - 04-16 August 3, 2004 PUBLIC HEARINGS Case No. ZAM/04-01. This is the date and time for a public hearinQ to consider a reauest from the City of Stillwater for a ZoninQ Map Amendment chanQinQ the zonina of the area south of North 62nd Street bounded by North 62nd Street. Paris Avenue and Oxboro Avenue from SinQle Family Residential (RA) to Public Administrative Office (PA). Community Development Director Russell reviewed the proposed Zoning Map Amendment. He stated that this amendment would change the government center area from Family Residential to Public Administrative Office. Motion by Councilmember Rheinberger, seconded by Councilmember Junker approving the first reading of an ordinance for a Zoning Map Amendment changing the zoning of the area south of North 62nd Street bounded by North 62nd Street, Paris Avenue and Oxboro Avenue from Single Family Residential (RA) to Public Administrative Office (PA). Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Case No. SUP/04-62. This is the date and time for a public hearina to consider an appeal of the Plannina Commission's decision on a request from Andrew and Linda Sial for a variance and special use permit for a five-Quest room Bed and Breakfast located at 416 South Fourth Street in the RB, Two Family Residential District. Community Development Director Russell stated that the Planning Commission reviewed the variance for the bed and breakfast at their meeting of July 12, 2004 and the Heritage Preservation Commission reviewed the request for historic preservation concerns and found the request consistent with the bed and breakfast design requirements as to age, residence size and parking. He stated that a variance to the bed and breakfast regulations is necessary because the proposed bed and breakfast, 416 S 4th Street is closer than 900 feet from the Ann Bean Bed and Breakfast at 319 W Pine Street (see attached map), which is approximately 550 feet or two blocks from the existing closest bed and breakfast. Rivertown Inn at 306 W Olive Street is also in the neighborhood. He also stated that the Planning Commission reviewed the request and heard testimony from; Howard Lieberman indicating the residence was a good candidate for a bed and breakfast from the Heritage Preservation Commission's view, and neighboring residences concerned about additional commercial intrusion into the residential character of the neighborhood for parking, lights, negative impact on area property values. Mayor Kimble opened the public hearing. Andre and Linda Sigl, Wausau, WI explained that they are moving because of a transfer in job and that Linda has always wanted to run a Bed & Breakfast. He stated that if he were a neighbor he would be concerned with noise, parking, and how visible this would Page 9 of 18 City Council Meeting - 04-16 August3,2004 be. He stated that there is a nice row of shrubbery across the front so the front porch can't be seen and there is a five foot fence along the south and west. He stated that he would put a fence along the north side of the property. He stated that he wants to be a good neighbor, if granted the permit he would make sure the guests, and themselves would respect the neighbors. Councilmember Rheinberger asked if they had any B & B experience. Mr. Sigl stated that they did not, that it has been his wife's dream for sometime. Mr. Phil Eastwood, Heritage Preservation Commission, provided Council with the information from HPC stating that the home meets the requirements for a B & Band the commission generally promotes B & Bs because they save older homes that may not otherwise be saved. He stated that this home is on the National Register and is a . great candidate to be a Bed & Breakfast. Mr. Richard Kilty, 118 W. Oak Street stated he opposes any Special Use Permit or variance. He stated that the Bed & Breakfasts have a SUP history that seems to forever expand such as the Rivertown Inn which he considers a hotel and the Ann Bean with its events both have the same problems. He also stated that the SUP for the Farmer's Market has also expanded from selling simple produce to tents etc. Mr. Kilty also felt it was wrong for one of the commissioners on HPC to apply on behalf of the applicant. Mr. Sigl explained that being they were from out of town that the realtor applied on their behalf and that they have no desire for events or to change the structure from what it presently is. Mr. Phil Eastwood stated that Diane Hark was not present for the HPC meeting and did not vote on the approval. Ms. Paula Luett, 404 4th Street S., stated that the request does not meet the requirements for a B & B and that is why it was denied. She stated she is concerned about the traffic and noise that a B & B could generate, it is a quiet neighborhood. She stated that there are already two B & B on the market and this house has already been saved and it doesn't need to be a B & B for that reason. She stated that the Sigls may be good neighbors however she did not want new neighbors every weekend. She is concerned that when a special event happens that it would impact her. She requested that Council uphold the Planning Commission decision. Ms. Julie Crumley, 210 W. Oak Street, welcomed the Sigl's to live in the house but not to change it to a Bed & Breakfast there are enough in the neighborhood. She stated that if that is the Sigl's desire to run a B & B, there are two B & Bs for sale in the area. She asked the Council deny because there are B & Bs for sale and the neighbors do not want any more B & Bs in the neighborhood. Page 10 of 18 1 City Council Meeting - 04-16 August3,2004 Mr. Richard Huelsmann, 12610 62nd Street N., representing St. Mary's Church, spoke against the request stating that an expansion of any use would flow into the church's parking lot. He stated that Council has spent time and forethought in developing ordinances and because there are already two in the area are the reasons the Planning Commission denied the request. He also stated that the expansion of the current B & Bs have had an impact on St. Mary's Church such as weddings, people assume that St. Mary's parking lot is a public parking lot and that the bells at St. Mary's have been traditionally rung from 7:00 a.m. to 9:00 p.m. for many years and he would hate to see a commercial business come in and complain because the bells ring at 7:00 a.m. He also stated that the church has had a good relationship with all of the owners of the home and welcomes the Sigls as neighbors but not as B & B owners; that it should remain a single-family home. He felt that the commercialization of the homes has driven up the costs of homes in Stillwater and that children and grandchildren of residents cannot afford to live here. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated that he was in favor of upholding the Planning Commission's decision because the City retains the preservation quality for private homes or B & Bs and that retaining private ownership of the property will place the property in stronger economic hands, and that the 900 foot requirement is proper because it maintains neighborhood vitality, limits neighborhood commercial intrusion and cuts down on avoidable abuses that may occur. Council member Junker said that the home is a good location for a Bed and Breakfast, however he agrees with the ordinance and because there are already two in the area that would not be a good thing even though he felt the Sigls would do a good job. Council members Milbrandt and Kriesel shared the same concerns as Councilmember Junker; and agreed with the ordinance. Motion by Council member Rheinberger, seconded by Council member Junker to deny the request and uphold the Planning Commission's denial of a variance and special use permit for a five-guest room Bed and Breakfast located at 416 South Fourth Street in the RB, Two Family Residential District. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker Nays: Mayor Kimble Case No. V/04-47. This is the date and time for a public hearina to consider an appeal of the Plannina Commission's decision on a reauest from Steve Paior. South Metro V. LLC. for modification to Master Sian Plan for a variance to the sian reaulations for electronic reader board sian located at 1250 Frontaae Road. Vallev Ridae Commercial Center. in the BP-C. Business Park Commercial District. Page 11 of 18 City Council Meeting - 04-16 August 3, 2004 Community Development Director Russell stated that the Planning Commission reviewed the request for an electronic reader board sign at their meeting of July 12, 2004. He stated that the application before the Commission was a request to modify the Master Sign Plan for Valley Ridge Commercial Center and a variance to the City Sign Ordinance for a reader board sign. Reader boards advertising businesses are not allowed. He also stated that the Planning Commission denied the variance request and the Heritage Preservation Commission determined the request is against City design guidelines. Mayor Kimble opened the public hearing. Mr. Chris Novak and Mr. Steve Pjor, applicant, stated that they missed the Planning Commission meeting and the reason they are before the Council is to let them know their thoughts. Mr. Novak stated that the reason for the electronic reader board request is because numerous interior tenants have requested that they do something to help improve their visibility from the highway and/or frontage road which is more important to the interior and west facing tenants. He also stated that it is not the perfect solution, however the tenants and they felt the message board would be effective and aesthetically pleasing. Councilmember Junker stated that he is for businesses getting their name out, however wondered if a reader board would really achieve that goal. Mr. Novak stated that it would not be scrolling, but bring up a name for a few seconds and then the next business name would come up. He stated that he has been encouraged to just list the name, not specials etc. Mr. Pajor reviewed the history of the signage at the center. He stated that a listing of businesses under the sign becomes unreadable and felt that the reader board is the cleanest most flexible option. Even though the smaller letters would not be readable from the highway the tenants would at least get visibility from the frontage road or even in the parking lot. He stated that the interior tenants feel they have a hardship. Councilmember Junker asked if this sign would run 24 hours. Mr. Pajor stated that it probably would not make sense to run it 24 hours a day. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated that he is in favor of upholding the Planning Commission's denial because there is already too much clutter in the area and attractions should be focused on real value perceived by the customer instead of gimmicky lights and other nuisances. Councilmember Milbrandt stated he is struggling trying to find a hardship. He stated that the owners have done a great job with the site but feels the electronic reader board Page 12 of 18 City Council Meeting - 04-16 August3,2004 would be detrimental to the area and if allowed it would just get worse. He asked the applicant to work with the Planning and Heritage Preservation Commission, and staff to see if there are other alternatives. Council member Junker and Kriesel agreed with Council member Milbrandt. Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to uphold the Planning Commission's decision on a request from Steve Pajor, South Metro V, LLC, for modification to Master Sign Plan for a variance to the sign regulations for electronic reader board sign located at 1250 Frontage Road, Valley Ridge Commercial Center, in the BP-C, Business Park Commercial District. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, and Junker Nays: Mayor Kimble Case No. SUB/04-53. This is the date and time for a public hearina to consider a request from Jon Ludwia for a resubdivision to combine Lots 17 (20,407 square feet) and 20 (5.981 square feet). County Auditor's Plat #3. into one lot of 26.388 square feet located at 711 and 713 3rd Street North in the RB. Two Familv Residential District. Community Development Director Russell reviewed the request for a resubdivision to combine lots located at 711 and 713 3rd Street. Mayor Kimble opened the public hearing. There were no public comments. Mayor Kimble closed the public hearing. Councilmember Rheinberger stated he was in favor of the request because the shape of the lots and terrain reflects the true use. Motion by Councilmember Rheinberger, seconded by Council member Junker to adopt Resolution 2004-163, resolution approving resubdivision to combine Lots 17 (20,407 square feet) and 20 (5,981 square feet), County Auditor's Plat #3, into one lot of 26,388 square feet located at 711 and 713 3rd Street North in the RB, Two Family Residential District Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Page 13 of 18 City Council Meeting - 04-16 August 3, 2004 UNFINISHED BUSINESS Possible second readinQ of Ordinance No. 944. An Ordinance authorizinQ the reconvevance of citv land (first readinQ July 6. 2004) City Attorney Magnuson stated that this is a housekeeping measure because at the public hearing a resolution was adopted instead of the first reading of an ordinance. Motion by Council member Milbrandt, seconded by Councilmember Rheinberger adopting Ordinance No. 944, an ordinance authorizing the reconveyance of City land. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of resolution adoptina findinas of fact relatinQ to the approval of the appeal of the Plannina Commission's decision denyina a variance for the construction of an accessory unit within the RB Residential District at 403 Hancock Street (Resolution). Motion by Council member Junker, seconded by Council member Rheinberger to adopt Resolution 2004-164, adopting findings of fact. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None NEW BUSINESS Discussion of cut and cover concept - alternative to HiQhway 36 Ms. Gail Pundseth, member of the CCC Team, informed the Council of an alternative to the Alternate F, Trunk Highway 36 called the Cut and Cover concept which provides a freeway to efficiently move through traffic to the St. Croix River Crossing; an aesthetically pleasing boulevard-like frontage road system along and above the freeway; two grade separated interchanges along the freeway using the safer slip ramps; control of sound and visual pollution by placing the freeway 22 feet below grade; no business lost and very little undeveloped land used for frontage roads or ponding; safe frontage road intersections and a pedestrian crossing are provided over the freeway; parkland built into the plan at intersections and next to wetlands on Mn/DOT owned property; and future growth of the road system without major engineering impacts. She requested that Council, if they will pass a motion, that this concept be included in the draft EIS. Mayor Kimble stated that the original resolution was a joint resolution with Oak Park Heights and Stillwater and its Planning Commissions. He stated that even if it could be done it would not make the release of the draft EIS which is August 16, 2004. He stated that it may be the proper course is to present this to Mn/DOT during the public comment period. Page 14 of 18 City Council Meeting - 04-16 August3,2004 Ms. Pundseth stated that it is her understanding the draft is ruled on by federal reviewers and they must look at both concepts and all comments from the public. She stated that they intend to provide as much information on this concept that the button hook concept has but what they do not have is a consensus from both City Councils that this concept is something the Councils would be willing to look at and continue into the future. Councilmember Milbrandt suggested that Council could have a letter to the City Council of Oak Park Heights saying that we have reviewed the concept and that we want it reviewed and ask for a joint meeting in September. He stated that from the feedback he has received that the Council cannot ignore what could be a fantastic solution that won't impact 60 businesses. Councilmember Rheinberger asked if she has been in contact with Mn/DOT. Ms. Pundseth stated that she has, and that they like the concept and the only problem is that it came to them so late and it is comparable in cost. Council member Kriesel asked if storm water management and traffic has been addressed. Ms. Pundseth stated that no additional storm water management would be needed; she also explained the traffic pattern. Motion by Council member Milbrandt, seconded by Council member Kriesel authorizing staff to send a letter to Oak Park Heights and Mn/DOT supporting the cut and cover concept. All in favor. Possible approval of plans and specifications for Phase 3 of North Hill Improvement Proiect Public Works Director Eckles requested approval of the plan and specifications and authorization for advertisement for bids for Phase 3 of North Hill Improvement project. Motion by Council member Rheinberger, seconded by Council member Junker to adopt Resolution 2004-165, resolution approving plans and specifications and authorization to advertise for bids for North Hill Project Phase 3 (Project 2000-15). Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Possible approval of Resolution Declarina Cost and Orderina Prep of Roll for North Hill Improvement Public Works Director Eckles requested that Council adopt a resolution for the preparation of the North Hill assessment roll. Page 15 of 18 City Council Meeting - 04-16 August 3, 2004 Motion by Council member Milbrandt, seconded by Councilmember Junker to adopt Resolution 2004-166, resolution declaring cost and ordering preparation of roll for North Hill improvements Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to adopt Resolution 2004-167 resolution calling for hearing on the assessment for the North Hill improvements. Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble Nays: None Consideration of Zonina Amendment allowina reconstruction of existina nonconformina structures if destroyed bv fire or natural disaster Community Development Director Russell stated Stillwater is an older community and many lots and structures do not meet existing city zoning regulations. An example of this would be a house in the Duplex Residential District on a lot less than 7,500 square feet. He stated that when the owner of one of these structures sells the house or wants to refinance the house many times the lender requests a letter stating that the nonconforming structure can be rebuilt because with the existing City Zoning Ordinance a variance would have to be granted by the City Council for the structure to be reconstructed. He requested that the City Council consider allowing by ordinance the reconstruction of existing nonconforming structures (without expansion) if it is destroyed by fire. This would require an amendment to the Zoning Ordinance. He also stated that there is now a Minnesota law that allows for rebuilding nonconforming structures. Council member Rheinberger felt that the existing ordinance is fine and the variance process provides a mechanism for any exceptions because it doesn't take the City to the future and restricts the City in the end. City Attorney Magnuson stated that the law allows cities to expand their ordinance to include the reconstruction of nonconforming structures. He also stated that there are approximately 200-300 structures like this within the City and the state law is probably a response to many lenders raising this question. Council member Rheinberger is concerned that people would build a nonconforming structure that is reminiscent of the 1800 rather than towards modernization. Motion by Councilmember Kriesel, seconded by Councilmember Junker to approve the first reading of amending an ordinance to the reconstruction of existing nonconforming structures (without expansion) if it is destroyed by fire. Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble Nays: Council member Rheinberger Page 16 of 18 City Council Meeting - 04-16 August3,2004 Update on North Hill CDBG Housina Rehab Proaram Community Development Director Russell reported on Phase I and II of the North Hill Improvement and provided a report from Molly Krakowski, Grant Administrator. He stated that 26 homeowners have been interviewed; of that number, 15 have met eligibility requirements; 9 need additional documentation. One homeowner was determined ineligible and one homeowner withdrew. He stated that interviews for Phase III improvement area homeowners will begin after an August 10, 2004, neighborhood meeting. Possible purchase of land for Brown's Creek Nature area/park expansion Community Development Director Russell stated that there are two areas for possible expansion of Brown's Creek Nature Area/Park have recently become available. He stated that one site is located along Boutwell Road, between Boutwell Cemetery and Brown's Creek Nature Preserve and the 2.5 acre parcel links the two parks natural areas and would provide a trial connection between the two areas and the second site is located along Neal Avenue south of the railroad tracks (Munkelwitz Property). He stated that the Munkelwitz Property would connect to Brown's Creek Nature Area lands to the west and north and provide an area for an active Oak Glen area neighborhood park. He reminded Council that the City applied for a Parks and Open Space DNR Grant for the purchase of Site 2 and two hundred thousand dollars was approved for the purchase. He requested Council awareness of the availability of the two sites and direction to continue working with property owners to purchase the two sites. Both sites have been discussed by the Parks Board and are consistent with Brown's Creek and City parks plans. Motion by Councilmember Rheinberger, seconded by Councilmember Junker directing staff to continue working with property owners to purchase the two sites and return information to the Council at a future meeting. All in favor. Update on Boutwell Land Use Plan Community Development Director Russell stated that the Boutwell South Area Plan was scheduled for public hearing at your July 22, 2004, Council meeting and that the Plan had been reviewed and recommended by the Planning Commission but has not been reviewed or approved by the Joint Stillwater CityfTownship Board. Certified approval is required for Comprehensive Plan Amendments. He stated that the Joint Board is scheduled to hold a public hearing on the Boutwell South Area Plan on Wednesday, August 25,2004. At that meeting, the Joint Board can approve or not approve the area plan. He also stated that to ensure that the appropriate process is followed and ..'~',.'.'.'.'~.....' adequate public hearing notice is given, it is not possible to set the final City Council . public hearing date until after the Joint Board action because the Comprehensive Plan public hearings have a 10 day notice requirement. If the Joint Board approves the Boutwell South Area Plan at their public hearing on August 25, 2004, a Council hearing date on the Plan can be set for September 21, 2004. Page 17 of 18 City Council Meeting - 04-16 August3,2004 COUNCIL REQUEST ITEMS Mayor Kimble announced that there will be a fund raising dinner cruise for the Veterans Memorial on Monday, August 16 from 5:30 - 8:30 p.m. and to contact any Veterans Committee Member or Dick Olsen for further information. ADJOURNMENT Motion by Council member Rheinberger, seconded by Council member Junker to adjourn the meeting at 10:08 p.m. All in favor. ~~ ATTEST: /~ ~1Vt2dtL Diane F. Ward, City Clerk Resolution 2004-161, directing payment of bills Approval to hang banner on Chestnut Street August 20 thru Sept. 19, 2004 for Art Reach Alliance Historic Homes Tour Resolution 2004-162, a resolution correcting a scrivener's error contained within the budget for district Resolution 2004-163, resolution approving resubdivision to combine Lots 17 (20,407 square feet) and 20 (5,981 square feet), County Auditor's Plat #3, into one lot of 26,388 square feet located at 711 and 713 3rd Street North in the RB, Two Family Residential District Resolution 2004-164, adopting findings of fact. Resolution 2004-165, resolution approving plans and specifications and authorization to advertise for bids for North Hill Project Phase 3 (Project 2000-15) Resolution 2004-166, resolution declaring cost and ordering preparation of roll for North Hill improvements Resolution 2004-167 resolution calling for hearing on the assessment for the North Hill improvements. Page 18 of 18