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HomeMy WebLinkAbout11-22-05 Minutes • CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, NOVEMBER 22, 2005 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledee of Allegiance /Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McComber and Swenson. Staff present: Administrator Johnson, City Attorney Domagala, City Engineer Postler, and City Planner Richards. Absent: Councilmember Doerr. Mayor Beaudet added "VSSA Bonds," "Autumn Hills Park Shelter" and "December 27 Council Meeting" under New Business. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Agenda as amended. Carried 4 — 0. II. Department /Council Liaison Reports: A. Planning Commission: Councilmember Richards reported that the Planning Commission met on November 1 lth and forwarded two items from that meeting for Council review. The next meeting is scheduled for • December 8, 2005 at 7:00 p.m. B. Parks Commission: Councilmember Abrahamson reported that the Parks Commission will meet on December 19, 2005 at 6:30 p.m. C. Cable Commission: Councilmember Swenson provided a reminder for the Cable Commission Holiday party on December 10 from 11:30 a.m. to 2:30 p.m. at the Access Center. D. Water Manaizement OrQanizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix will meet on December 8 th at 7:00 p.m. at the Conservation District Office. E. Other Liaison/Staff Reports: Councilmember McComber reported that the Visual Quality subcommittee will meet at the Stillwater City Hall from 9:00 a.m. to 4:30 p.m. on November 29 to review design elements for the St. Croix River Crossing project. Councilmember McComber added that the December 6 th Stakeholders meeting may be rescheduled for a later date. III. Visitors /Public Comment: City Council Meeting Minutes November 22, 2005 Page 2 of 6 • Recvclin2 Award. Administrative Secretary Johnson reported that Erna Reynolds of 5730 Oldfield Avenue North was chosen to receive the Recycling Award. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — November 9, 2005 C. Approval of Final Payment Request from Tower Asphalt, Inc. for the 2004 Lighting and Pathway Improvement Project D. Approve Cellular Phone Policy E. Approve Resolution for Renewal of 2006 Liquor, Tobacco and Amusement Licenses F. Approve Amendments to League of Minnesota Cities Constitution & Bylaws Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 4 — 0. V. Public Hearin • None VI. New Business: A. Walmart Foundation Donation Councilmember Swenson, seconded by Councilmember McComber, moved to adopt a Resolution accepting the donation. Roll call vote taken. Carried 4 — 0. B. Lvaalao Companies. LLC Reauest for New Off -Sale Liauor License, Off - Sale Non - Intoxicating Liauor License and Tobacco License Finance Director Holst recommended approval of the application but noted that the applicant does not have a worker's compensation insurance policy. City Attorney Domagala stated that the applicant is exempt from the worker's compensation insurance as a sole proprietor, however, the Council can require it as it would be difficult for only two individuals to staff the store full time as proposed by the applicant. The applicant was present and stated that family members have agreed to help staff the store if necessary. Mayor Beaudet noted that the Council could require worker's compensation insurance upon renewal of the license January 1, • 2006. City Council Meeting Minutes November 22, 2005 Page 3 of 6 • Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the request for liquor and tobacco licenses. Roll call vote taken. Carried 4 — 0. C. Widlund Reauest for Boulevard Tree Removal — 14566 57 Street City Administrator Johnson reviewed the request for removal of a boulevard tree to allow the Widlunds to relocate their driveway. Administrator Johnson noted the four conditions recommended by staff, including an escrow deposit of $1,000 to be released upon replacement of the concrete apron and curbing. Councilmember Swenson, seconded by Councilmember McComber, moved to approve the request subject to the four conditions recommended by staff with an escrow of $200. Carried 4 — 0. D. VSSA Concert Plan Review: Skilled Care, Memory Care & Historic Village City Planner Richards reviewed the request from VSSA for concept plan approval for additions to the Boutwell's Landing campus. City . Administrator Johnson discussed comments from the Parks Commission concerning extentions to the existing trail system. Planner Richards noted that the trail extensions are included in the Resolution and will be addressed in the General Plan as well. Mayor Beaudet suggested a revision to the Resolution that would require a yearly letter form the applicant providing a status update on the timeline. Mayor Beaudet also suggested revisions be added to the Resolution addressing the issue of emergency medical calls and requiring the existing solid waste area to be brought into compliance. Councilmember Abrahamson, seconded by Councilmember McComber, moved to adopt the Resolution as amended. Roll call vote taken. Carried 4 -0. E. Villaize at Oak Park Heiehts — General Plan PUD; Conditional Use Permit for Building H6--ht. Parking and Si2na2e; and Variance for Sims, Street and Easement Vacations (Lowe's and Phase I CSM Development) City Planner Richards reported that the concept plan has been approved and noted that the applicant is willing to work on improving traffic flow on the site and between adjacent development. I City Council Meeting Minutes November 22, 2005 Page 4 of 6 . Scott McGee of Ozark Engineers addressed concerns over back -up beepers on loading/unloading equipment, explaining that those activies mainly occur between 6:30 and 10:00 a.m. The applicant is also working with VSSA to plan for adequate screening of the site. John Gelderman of CSM discussed the developer's concerns over street construction. Mr. Gelderman requested that the City design the streets and the developer construct the streets to allow the developer better control over timing of construction to coordinate with the Lowe's construction. City staff expressed concern over allowing a private developer to conduct a City street project. Administrator Johnson stated that the City would move as quickly as possible on the street project to avoid any delays to the developer. Mayor Beaudet requested the addition of a condition stating that the applicant will pay for street construction and waive a special assessment hearing. Mayor Beaudet also requested the addition of Middle St. Croix WMO and Brown's Creek approvals to the conditions. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the Resolution as amended with a revision to the • language addressing removal of the billboard on the site. Roll call vote taken. Carried 4 — 0. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to authorize the City Engineer to prepare plans and specifications for Novak Avenue upon execution of an agreement with the developer for payment of costs. Carried 4 — 0. F. 2006 Committee Appointments Councilmember McComber, seconded by Councilmember Abrahamson, moved to set a worksession prior to the December 13, 2005 Council meeting to discuss 2006 committee appointments. Carried 4 — 0. G. Approve Joint Powers Agreement to Protect the Middle St. Croix Watershed Discussion was held concerning revisions to the proposed Agreement. City Attorney Domagala read the revised language in sections 7.1 and 7.6 and indicated that she is comfortable with the changes. Mayor Beaudet, seconded by Councilmember Swenson, moved to approve the Joint Powers Agreement subject to approval of the City Attorney. Roll call vote taken. Carried 4 — 0. I City Council Meeting Minutes November 22, 2005 Page 5 of 6 • H. Resolution Calling for a Public Hearing — Boutwell's Landin — Skilled Care Facilitv- Issuance of Tax Exempt Bonds Mary Ippel reported that the proposed Resolution is to set a public hearing on the issuance of tax exempt bonds that would fund an expansion at Boutwell's Landing to construct a skilled nursing facility Councilmember Swenson, seconded by Mayor Beaudet, moved to adopt the Resolution scheduling a public hearing. Roll call vote taken. Carried 4 -0. I. Autumn Hills Park Shelter City Administrator Johnson presented a breakdown of funding sources for construction of a park shelter at Autumn Hills Park that was discussed at a joint worksession between the City Council and Parks Commission. Administrator Johnson also reviewed three directives prepared as a result of those discussions: that the Parks Commission will be the lead agent for the project; that the Commission will seek partnerships and potential donors for the project; and outlining a time table for plans and • construction. Discussion was held concerning timing of the project. Mayor Beaudet stated that funding should be in place before commencing the project and that the proposed buildng is inadequate and undersized. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to approve the three directives outlined in the City Administrator's memo included in the Council meeting packet. Carried 3 — 1, Beaudet opposed. J. December 27 Council Meeting No change was made to the December 27, 2005 Council Meeting time. VII. Old Business. None VIII. Adiournment. Councilmember Abrahamson, seconded by Councilmember McComber, moved to adjourn at 8:35 p.m. City Council Meeting Minutes November 22, 2005 Page 6 of 6 Respectfully submitted, Appro as ontent and Fo , u ie John ' n David Beaudet Administrative Secretary Mayor