HomeMy WebLinkAbout2004-08-17 CC MIN
,
CITY OF STILLWATER
CITY COUNCIL MEETING NO. 04-17
AUGUST 17, 2004
SPECIAL MEETING
4:30 P.M.
Mayor Kimble called the meeting to order at 4:30 p.m.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Others Present:
City Administrator Hansen
City Attorney Magnuson
Police Chief Dauffenbach
Public Works Director Eckles
Acting Fire Chief Glaser
Director of Administration Knauss
City Clerk Ward
OTHER BUSINESS
Discussion of Lumberiack Davs
Police Chief Dauffenbach provided a report outlining the statistics on Lumberjack Days
relating to the number of calls received during the weekends of Lumberjack Days 2001,
2002, 2003 and 2004. He stated that this was his 35th Lumberjack Days as a police
officer and it was the largest, but not the rowdiest. That happened in 1979, 1980 and
1981 where police had to go downtown in riot gear. Businesses had damage done to
windows, police car windows were smashed and they made multiple arrests. They did
not reach that limit in 2004. He also provided a comparison of Friday nights in the
summer to Friday night on Lumberjack Days 2004 and July 4th Fireworks 2004. He
informed the Council and the audience of the preparation that the Police Department
does in anticipation of Lumberjack Days. He stated that they work very closely with the
event coordinator, St. Croix Events, in this preparation and his opinion is that the
department was prepared for the event. He also stated that the department has a
debriefing after Lumberjack Days and he meets with Mr. Eckberg after the event to
discuss what worked and what did not. He stated that once the schedule is determined
for the event, it is matched to resources and police officers from eight different agencies
assist in this event. He stated that one of the problems is that a concert is free and
there is no way to anticipate the number of people who would be attending. He also
stated that there are other events, along with Lumberjack Days, such as the Spring and
Fall Art Fair that are really weather driven. He stated that there were 24 officers on
Thursday night, Friday night - 31 officers, Saturday night - 47 officers, and Sunday - 35
officers, which amounted to overtime costs of $20,185 for Stillwater police officers and
$26,000 for outside agency officers. St. Croix Events paid for these costs. He stated
that he had arranged with Washington County to get another 12 officers, if needed,
which he did get 6 additional officers at 11 :00 p.m. when the concert was done. He
reviewed where the officers were posted throughout the City during Lumberjack Days.
City Council Meeting - 04-17
August 17,2004
He stated that even with the officers that were working, the department had on standby
K-9 units, Special Response Teams in case they were needed, and that the Fire Chief
and himself have prepared evacuation plans in case of an extreme incident. He stated
that traffic and parking is a problem because of gridlock, mobility of emergency vehicles,
and parking in the neighborhoods brings its own special problems. He stated that the
single biggest problem is the alcohol, because it impairs judgment. That is one area
that could be improved upon, controlling the alcohol problems. He also stated that the
number of people at the event creates problems because there is no room to respond if
an incident would happen and he felt that this should be scaled back. He stated that
Lumberjack Days does not only affect Stillwater but surrounding communities and
Washington County.
Councilmember Rheinberger asked if there is a contingency plan should you find out
that 90,000 people are coming into Stillwater and why do you think there is a difference
with the public's perception and the actual crime and danger.
Chief Dauffenbach reported that there is no way that the department can prevent people
from coming into the City. He feels that they were not lacking in enforcement during the
event and the officers issued citations, made arrests, etc. and felt the department did
what they were hired to do.
Council member Junker asked what would be included in the miscellaneous on the
report.
Chief Dauffenbach stated some would be open containers, public urinations, etc. but
every incident is reported to the State.
Councilmember Kriesel felt the police officers and fire fighters did an outstanding job in
preventing anything serious from happening, but asked if someone relieving themselves
could be arrested and how many officers would it take to handle the people who break
the law.
Chief Dauffenbach stated that in an event with this many people he could put an officer
on every corner and still not stop all the activity going on downtown.
Councilmember Kriesel asked how many officers were in the neighborhoods to address
residents concerns if the focus was downtown.
Chief Dauffenbach stated that there were six police cars patrolling the neighborhoods
throughout the event.
Councilmember Milbrandt stated that there was a lot more planning done than was
publicized in preparation for this event and that should assure the public that the
department was prepared, however, the bad news is the level of planning that goes into
this event, which is supposed to be a community event.
Council member Rheinberger asked for an estimate of people that come to the event.
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August 17,2004
Chief Dauffenbach stated there is no actuate numbers because there is no way to track
the number of people that come, however his estimate of Saturday night was 55,000,
but others say there was half of that.
Councilmember Kriesel stated that he did research on Lynard Skyner and came to the
same conclusions. He stated that one of his concerns is that the City should not be put
at risk because it may be good weather for the event.
Assistant Fire Chief Glaser provided a report on the fire department and EMS activities
citywide during the event. He stated the fire department did preplanning for this event
as well. He stated they worked with multiple agencies, such as Washington County,
Lakeview EMS, Public Works, and Washington County Emergency Management. He
also stated that staging areas were planned for, he put additional personnel at the fire
station and augmented the staff by using the Mutual Aid Agreement. They also
prepared for different issues such as hazardous spills and river emergencies. The
department had over 400 hours with a staff of 55 at a cost of $6, 503 to the City, the
mutual aid costs were $6,849, which are paid by the Mutual Aid Cities and not charged
to Stillwater. He echoed Chief Dauffenbach's concern on traffic and parking because it
presents a problem getting to the downtown area or access to other areas. He felt that
the department was very prepared.
Council member Milbrandt asked if this preparation is done for the art fairs and the 4th of
July.
Assistant Chief Glaser stated that the preparation level for those events are not done
because they don't fill the streets and prohibit firefighters to respond to the station from
home.
Mr. Dave Eckberg, St. Croix Events, stated that they don't want anything but a smaller
celebration next year. He stated that they had a promotional partner that promoted
more than they should have, got more people in Stillwater than they wanted and felt that
steps should be taken to pull the event back. He commended the police and fire
departments for their preparation.
Councilmember Rheinberger stated that he heard that there were advertisements clear
to South Dakota.
Mr. Eckberg stated that they do not pay for advertisements; they use promotional
partners such as KQ, and felt that it was unlikely they advertised that far. He also
stated that any input for the event is welcome and asked people to contact them with
their ideas and apologized for the neighborhood impact.
Mr. Todd Weiss, Lumberjack Days Festival Association, stated that the Chamber
decided 11 years ago that they could no longer do the event, so John Daly and himself
continued the event. He stated that the three people involved in the Lumberjack Days
Association want only the best for the City and that the comments that have been made
are really unfair. He hoped that with the reports from the Police and Fire that people will
realize how much planning goes into the event. He stated that it was good event, but
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City Council Meeting - 04-17
August17,2004
agreed it was too big. He stated that they try to do more, but without resident input on
family events it makes it difficult to do. He felt that it takes people locally to make things
better.
Councilmember Kriesel asked Mr. Weiss if he was talking about a community event or
regional event because most people think this has become a regional event and driven
by the consumption of alcohol. He stated that after this year that people need to step
back and ask if this type of event is for the community. He doesn't want Lumberjack
Days to end, but to have it be a more community event. He also asked who is the
Lumberjack Days Association.
Mr. Weiss stated that it is to be a community event and that he agreed with Mr. Eckberg
relating to scaling the event, but it also takes involvement by residents to get an event to
that level. He stated that himself, John Daly and Phil Eastwood are the official board of
the Lumberjack Days Association. He stated that they communicate with St. Croix
Events on what the event will entail and what bands can be hired, just as the City
Council can provide input into those decisions.
Council member Kriesel stated that there are a lot of false perceptions in the community
and asked Mr. Eckberg if he would be willing to disclose information not covered by
data privacy on his organization.
Mr. Eckberg stated that he has talked to the City Attorney and stated he would invite a
committee to determine that everything is being done legally and professionally and that
no one is making a lot of money, which is being perceived by people. He stated he
welcomed that so that these rumors can be put to rest.
City Attorney Magnuson stated that the same is asked by the City from developers,
however there is a thin line as to what the public has the right to know and the rights of
the people to be protected under the Data Privacy Act. He explained what would be
kept private and stated that the way to do this is to have a committee of Mr. Hansen and
a Councilmember and reach a confidentially agreement so that the information released
is only public, but would allow the committee to review everything and report back to the
Council in a general way and only make public the information that has to be public.
Council member Rheinberger asked what type of information would be looked at.
City Attorney Magnuson stated that it would be money coming in, money going out and
to where and the committee would report any concerns.
Mayor Kimble asked Mr. Eckberg what could be reviewed.
Mr. Eckberg stated that the committee could look at everything, he has nothing to hide.
He would limit what would be made public and that if it does not relate to Lumberjack
Days it remains private.
Motion by Council member Kriesel, seconded by Council member Junker to appoint
Councilmember Junker, Council member Kriesel, City Attorney Magnuson and City
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City Council Meeting - 04-17
August 17,2004
Administrator Hansen as the committee to review financials of Lumberjack Days Association
and St. Croix Events. All in favor.
Mr. John Daly, Lumberjack Days Association, provided a history on Lumberjack Days
and presented a copy of a program from the 1940s and the present Lumberjack Days
includes the same. He stated that the faults of Lumberjack Days are an opportunity for
improvement. He stated that the event is a huge economic impact on many businesses
downtown, but did not disagree that the crowd on Saturday night was too big. He stated
that he doesn't want to see Lumberjack Days go away, that St. Croix Events does a
great job and there are thousands of planning hours that are done for this event and
hundreds of hours are spent producing the activity. He stated that many charities
benefit from this event.
Mayor Kimble stated that a resolution was passed by the Greater Stillwater Chamber
that proposed five steps for Lumberjack Days which were 1) a public statement
regarding the mission of Lumberjack Days Festival be developed and shared among
local civic and governing bodies; 2) a representative of the Chamber Board of Directors
serve on the Lumberjack Days Festival Planning Committee; 3) the City of Stillwater
work closely with the Association to ensure that alcohol is distributed responsibly; 4) the
concert element selected performances at the event to be consistent with the mission of
the event; 5) encourage the City of Stillwater to improvement and coordination of the
clean-up efforts. He asked Mr. Daly if the association would be opposed to having a
member of the chamber a part of that planning committee.
Mr. Daly stated that Items 1, 3, 4 and 5 can be done, but he cannot speak for the Board
on Item 2. He stated that he didn't see a problem as an advisory capacity in the
planning stage, but that would be a decision made by the Board.
Councilmember Milbrandt suggested that it not be confined to the chamber and include
a couple residents at large, a Council member and a member of the Park Board as part
of the board and have Council see a pretty detailed plan of the event for 2005 before
Christmas so the Council can determine what assets of the City the Council is prepared
to release. He would like to have a longer process with a larger board with full decision-
making capabilities, not advisory.
Councilmember Rheinberger stated that Lumberjack Days, similar to what 2004 had, t
couldn't continue and felt the damage amount is more than $24,000, probably double. "
He stated that the City cannot handle a crowd of 55,000 and has left people feeling that
their security has been shattered and that the trash, vulgarity, and excessive noise are
unacceptable. He felt that maybe the event might have to be postponed for a year. He
felt a committee of 12 people which would include St. Croix Events, Administrator,
Police Chief, 4 downtown people, and 4 residents to be appointed by the Council with
no Council on this committee to allow the people to be free and open about the subject.
He provided questions that should be answered by this committee and this committee
should report to the Council in October. He felt that anything less would only get the
City back to where it is right now.
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City Council Meeting - 04-17
August 17, 2004
Council member Junker stated he would like to share his ideas by saying Downtown
Stillwater is an old unique town with great views and land along the scenic St. Croix
River which is a destination place for visitors, tourists and yes residents. He stated that
the City needs the combination of all involved to survive and grow and have the
businesses grow. He went on to say that being a life long resident, son of an 8-year
mayor and an individual who runs a business in downtown Stillwater he is very
concerned, passionate and dedicated for downtown. Every year historic Stillwater has
spring and fall art fairs, art crawls, bike races, Summer Tuesdays, a twinkle parade and
Lumberjack Days, which draw local and visitor participation to promote business and
Stillwater. He stated that Stillwater even hosted Good Morning America in 2002, one of
only 6 cities in the country to be bestowed this honor and even this event to his
disappointment had signs saying "welcome to Stillwater now leave". Stillwater is a city
of 16,000 people everyone loves. He also stated that being a banker he is familiar with
income and balance sheets and knows everyone would love to have even consistent
monthly sales to pay the bills and live off. However living in Minnesota and being a so
called "tourist destination place" businesses look for high volume sales in our spring,
summer and fall months and even these months there may be rainy cold weekends, or
high water into parks from the river-all discouraging people from coming to Stillwater
and spend money.
Councilmember Junker continued by stating that the mission statement of Lumberjack
Days is a family oriented event to showcase Stillwater, its unique businesses, and
historic downtown. He knows that some businesses benefit more than others during
Lumberjack Days, but just like all other events throughout the year benefit others and
some businesses have the highest sales in there history during Lumberjack Days and
probably is a great infusion of money "to make up for a lot of weak days and or months
for sales". He realizes that some businesses have decreased sales during lumberjack
Days and that in a perfect community celebration everyone would be rewarded equally.
He stated that he personally thinks that Saturday night 2004 was too big, but does not
think Lumberjack Days needs to be totally eliminated or changed, because there are a
lot of positive events within lumberjack days footprint that work well for everyone to
enjoy and we can build on this. He also stated that he was downtown over the weekend
and was very disappointed to see all the garbage cans along Main Street full, and from
what he is told businesses use these cans to put in their own garbage. He felt that
everyone needed to work together.
Mayor Kimble asked Mr. Daly to ask the Lumberjack Days Association Board meet and
inform them of the Council's request and advise the Council as soon as possible.
Mr. Daly stated the board welcomes any input. He also stated that the Council
welcomed the three-person board in 1994 and now because of one night from 6-11 p.m.
the board has done it wrong and doesn't understand this.
Councilmember Kriesel asked how many meetings that the board has had.
Mr. Daly stated that they are casual meetings and very loose so we talk to each other
but not formally all three at one time.
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August 17,2004
Councilmember Milbrandt stated he did not want to give the impression he wants to
take anything away, because from all the letters and concerns he did not receive 50
volunteers to help with this event. He is grateful that someone kept the event going 11
years ago, and the event is a victim of success. He also stated he would like to make
this more citizen friendly.
Mr. Daly stated he would get back to the Council by the next meeting.
Councilmember Rheinberger does not want to see a three-member board making the
decisions; he wants to see it more open.
Mr. Eckberg requested that everyone work together to make the event successful. He
reported some of the contributions made to local organizations.
Councilmember Kriesel stated that every time he has had discussions with Dave or
Randy they have tried to accommodate him, such as getting bingo into the event and
that if any finger pointing should be pointed it should be to the Council because they
have great discretion on this event and it's unfair to point to anyone person.
STAFF REPORTS
Staff reports were postponed until the 7:00 p.m. meeting.
Mayor Kimble recessed the meeting at 6:08 p.m.
REGULAR MEETING
7:00 P.M.
Mayor Kimble called the meeting to order at 7:00 p.m.
Present:
Absent:
Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
None
Others Present:
City Administrator Hansen
City Attorney Magnuson
Police Chief Dauffenbach
Public Works Director Eckles
Acting Fire Chief Glaser
Finance Director Harrison
Planner Fitzgerald
City Clerk Ward
APPROVAL OF MINUTES - Approval of August 3, 2004 regular and recessed minutes
Motion by Council member Rheinberger, seconded by Council member Junker to approve the
August 3, 2004 regular and recessed minutes. All in favor.
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August 17, 2004
STAFF REPORTS
Police Chief Dauffenbach publicly thanked his department for their hard work and their
outstanding job. He also commended the officers from Washington Co. Sheriffs Office,
Cottage Grove, Bayport, Forest Lake, Oakdale, St. Paul Park, and Woodbury during
Lumberjack Days. He also informed the Council that members of his department would
be assisting Hudson in security relating to President Bush's visit to Hudson.
City Administrator Hansen reviewed an item on the consent agenda relating to Mn/DOT
Agreement 86573. He stated that Council previously approved this agreement,
however Oak Park Heights requested changes and felt there were enough minor
changes that Council should review and approve the minor changes.
OPEN FORUM
Mr. Ken Moses, Human Rights Commission, requested permission for the commission
to continue providing press releases to various publications other than just the local
papers.
Mayor Kimble stated that as previously stated in a past meeting those press releases
can be done, however it must go through the City Clerk and she will send the press
releases as a City of Stillwater press release.
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Ms. Ellie Samuelson requested that the City Council review the applications already
submitted for the vacant seats on the Commission because she is afraid that those who
have applied will no longer be interested.
Mayor Kimble stated that at the Council workshop with the Human Rights Commission
that appointments would have to wait until the Council feels that the mission of the
commission and the Council is the same and that the commission is back on track.
Mr. Moses asked the Council if the Commission could review the applications at their
next meeting.
Mayor Kimble explained that that item could be discussed at the next meeting that he
can attend. He informed the members that he would be unable to attend the August 25
meeting, as he has to attend the Joint Board meeting with Stillwater Township.
CONSENT AGENDA
Motion by Council member Rheinberger, seconded by Council member Kriesel to address Item
5, appointing Stuart Glaser as Fire Chief. All in favor
Mayor Kimble administrated the Oath of Office to Acting Fire Chief Glaser and Council
congratulated him on his appointment.
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August 17,2004
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to approve the
Consent Agenda.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Resolution 2004-168, directing payment of bills
Resolution 2004-169, appointing election judges and fixing compensation (available
Tuesday)
Resolution 2004-170, approval to enter into revised agreement with State of Minnesota
relating to Traffic Control Signals according to Mn/DOT agreement 86573M
Approval of Special Event - Historic Homes Tour - September 18, 2004 (ArtReach
Alliance)
Resolution 2004-171, appointing Stuart Glaser as Fire Chief
Approval of Utility Bill Adjustment - Sewer Charges
Approval of banner request - Christmas at the Courthouse - November 5-22, 2004
Approval of banner request - Stillwater Bridal Affair - February 5-28, 2005
PUBLIC HEARINGS
There were no public hearings.
UNFINISHED BUSINESS
Possible second readino of Ordinance No. 945. Zonino Map Amendment chanoe the zoning of
the area south of North 62nd Street bounded bY North 62nd Street. Paris Avenue and Oxboro
Avenue from Sinole Family Residential (RA) to Public Administrative Office (PA) (First readino
8/3/04 )
Planner Fitzgerald reviewed the proposed ordinance that would change of the zoning
designation of property south of North 62nd Street bounded by North 62nd Street, Paris
Avenue and Oxboro Avenue (Washington County Government Center) to Public
Administrative Office.
Motion by Councilmember Rheinberger, seconded by Councilmember Junker to adopt
Ordinance No. 945, 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
Report on sions
Planner Fitzgerald stated that at the August 3rd Council meeting staff was asked to
review signage for garage sales and come back with some possible alternatives to
Stillwater's garage sale sign regulations. She stated that the review included real
estates sign ordinances. She reviewed the current sign ordinance. She provided
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City Council Meeting - 04-17
August 17,2004
several alternatives which consisted of 1) Citywide garage sales twice a year which
could be organized and advertised by one of the local clubs or volunteers; 2) garage
sale sign permits that are issued by city staff, however the City does not have the staff
to monitor this process; 3) have garage sale signs not to exceed four (4) square feet in
size, nor more than three (3) feet in height above grade, be permitted off premises with
the property owner's approval to be removed within 72 hours and no signs on rights-of-
ways which would increase the possibility that the signs are removed after a sale; 4)
provide advertisement board or boards strategically place around the city which could
eliminate the proliferation of signage on the streets; 5) have no more than two (2)
garage sales per dwelling unit may be held on any such zoning lot in any calendar year;
6) no garage sale may extend more than three (3) consecutive days (or portion thereof).
She stated the implementation of 5 or 6 would prevent garage sales from becoming
'home occupations' and allow neighborhoods to be relatively quiet; and 7) prohibit
attention-getting devices, balloons, streamers, special lighting, noise making devices or
other similar advertising displays or notices shall not be used to call attention to the
garage sale which would prevent the 'circus' atmosphere in residential neighborhoods.
Ms. Fitzgerald also reviewed real estate signs current ordinances and stated that
possible alternatives for these signs could be 1) open house sign advertising a
particular home that is open for inspection, a limited number of hours, may be placed on
City right-of-ways within a six (6) block radius of the open house on the day of the open
house and only during the hours of the open house and that Council discuss size and
quantity of signs permitted per house or temporary off-site open house directional signs
advertising the sale of residential real estate property are allowed with the consent of
the property owner on whose property the signs are placed. Such signs shall be
promptly removed at the completion of the open house and no later than 6:00 pm on the
same day. This ordinance could eliminate the proliferation of signage on the street right
of ways.
Councilmember Rheinberger stated he is in favor of the current ordinance, however he
would consider adding the provision of Items 5, 6, and 7 which would limit commercial
intrusion to a residential area. He also stated that he is against city wide garage sales
twice a year because it destroys competition, a organization making money on
advertising for it brings a monopoly, and does not favor city staff involvement, and
against an advertisement board because they would be inadequate.
Council member Kriesel stated he favors Items 3, 4, and 7. He felt that if people
received permission from neighbors for placement of signs the neighbors would remove
the signs and the advertisement board would be beneficial if it was strategically placed.
Council member Milbrandt asked Councilmember Kriesel if he would consider Items 3,
5, and 7, Item 5 being limiting garage sales to two per year.
Councilmember Kriesel stated that he doesn't feel that government should tell people
when they could have a garage sale. He stated that would be difficult to enforce and if it
is not going to be enforced why put it in the ordinance.
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August 17, 2004
Councilmember Milbrandt stated that it would be enforceable if a complaint were made.
He stated that there are a number of residences that abuse the current ordinance and
basically have a business every weekend.
Planner Fitzgerald stated that the City's current sign ordinance is not much different
than the ordinances she found throughout the country.
Mayor Kimble stated that if people come to the City and say they have three a year, the
ordinance could be changed to reflect that.
Councilmember Junker stated it should be kept simple. He felt that keeping the signs
off of the right-of-way, other peoples lawns without permission and make them a certain
size should be sufficient. He stated that he did not want City staff every weekend
worrying about sign ordinance on garage sales. He stated he doesn't have a problem
with Item 3, but has a problem 5, 6 and 7. He felt that it wouldn't be enforceable.
Council member Milbrandt stated that if there were complaints it would be enforceable.
Council member Kriesel stated that he has a problem telling people how many garage
sales they can have and the original problem was the signage. He stated that the City
has good staff and if they see a violation they will enforce it, maybe other communities
aren't enforcing their ordinance. He agreed with Councilmember Junker about adding
to the ordinance that will not be enforceable.
Council member Rheinberger stated that the purpose is to send a message to the
people who don't abide by the ordinance that the City is sending a clear message. He
agreed that people will find other methods, but this starts to bring some solution to the
problem.
Motion by Councilmember Milbrandt, seconded by Councilmember Rheinberger to develop an
ordinance that includes Items 3 and 5 includes parks and public lands.
Ayes: Councilmember Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: Councilmember Kriesel
Mayor Kimble explained that he gets complaints of people's signs and garage sale
signs disappearing on the weekends and has told people City staff does not work on the
weekends, but there are residents who do it because it is not allowed in the city.
Councilmember Junker stated if garage signs aren't allowed on the right-of-way, why
should real estate signs be allowed on the right-of-way.
After considerable discussion Councilmember Milbrandt stated he would like to table the
real estate signs portion until he is able to do his own research and talk to some
realtors. He stated that he has never received a complaint on this issue.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker to table the real
estate sign discussion to a future meeting. All in favor.
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City Council Meeting - 04-17
August 17, 2004
NEW BUSINESS
Possible approval of HSI Resubdivision of Lots 5, 6, 7 and 8. Blk 1 Websters 3rd Addition into
two lots, Case No. SUB/04-76.
Planner Fitzgerald stated HSI has received approval to construct a six-unit apartment
structure on their parcel at Orleans and Panama Avenue and this request is to
subdivide their existing 88,400 square foot lot into two lots of approximately 40,200
square feet (residence) and 48,200 square feet (HSI Office) to accommodate the
residential development. She stated that the proposed lot size and dimensions meet
the requirements of the zoning district. The City Engineer recommends that the normal
drainage and utility easements be recorded around the perimeter of the property.
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adopt
Resolution 2004-172, approving Resubdivision of Lots 5, 6, 7 and 8, Blk 1 Websters 3rd
Addition into two lots Case No. SUB/04-76.
Ayes: Councilmembers Kriesel, Milbrandt, Rheinberger, Junker and Mayor Kimble
Nays: None
Possible first readinos of "An Ordinance Amendino the Stillwater City Code Chapter 28, Water
Department" and "An Ordinance Amendina the Stillwater City Code Chapter 29 amendina an
ordinance relatino to sewer and water hookups".
Councilmember Rheinberger stated he is against any immediate connection
requirement even though in theory it is desirable in reality it could be disastrous to
many. He stated that there are large areas that the expense could be great.
City Attorney Magnuson reviewed the proposed ordinances relating to connection to the
City's water and sewer system. He stated that the ordinance would require immediate
connection to the City's sewer and water system, but it also provides a variance '.'...... ...
procedure, as an example a functioning sewer septic system. He stated that if a .~
variance to the hookup is granted that a sewer surcharge would be imposed on the .f..;
property. He stated that the current sewer hookup ordinance includes 16 reasons for a
hookup to the City's sewer system. He stated that item 17, a surcharge for those not
hooked up because some share of the system is not being paid for but the City has not
collected the funds necessary to retire the bond. He stated that there is an appeal
process should a system be functional.
Motion by Councilmember Kriesel, seconded by Councilmember Milbrandt to approve the first
reading of an Ordinance Amending the Stillwater City Code Chapter 28, Water Department.
Ayes: Council members Kriesel, Milbrandt, Junker and Mayor Kimble
Nays: Councilmember Rheinberger
Councilmember Rheinberger stated that it is well intended, but is devastating for some.
He felt that the City should be silent on this issue.
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August 17,2004
Councilmember Junker stated that he likes that there is an appeal process in the
ordinance if there is a hardship or other circumstance.
Motion by Councilmember Milbrandt, seconded by Councilmember Junker to approve the first
reading of an ordinance An Ordinance Amending the Stillwater City Code Chapter 29
amending an ordinance relating to sewer and water hookups.
Ayes: Councilmembers Kriesel, Milbrandt, Junker and Mayor Kimble
Nays: Councilmember Rheinberger
COUNCIL REQUEST ITEMS
Councilmember Milbrandt requested that Council direct the City Administrator to
respond to the Mn/DOT letter relating to the Cut and Cover Concept and timeline for the
Stakeholder Agency meeting.
Motion by Council member Milbrandt, seconded by Council member Kriesel directing the City
Administrator to prepare a letter to Mn/DOT accepting the timeline as proposed in the Mn/DOT
letter dated August 11, 2004. All in favor.
ADJOURNMENT
Motion by Council member Rheinberger, seconded by Councilmember Milbrandt to adjourn the
meeting at 8:04 p.m. All in favor.
ATTEST:
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Diane F. Ward, City Clerk
Resolution 2004-168, directing payment of bills
Resolution 2004-169, appointing election judges and fixing compensation (available
Tuesday)
Resolution 2004-170, approval to enter into revised agreement with State of Minnesota
relating to Traffic Control Signals according to Mn/DOT agreement 86573M
Alliance)
Resolution 2004-171, appointing Stuart Glaser as Fire Chief
Resolution 2004-172, approving Resubdivision of Lots 5, 6, 7 and 8, Blk 1 Websters
3rd Addition into two lots Case No. SUB/04-76
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