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HomeMy WebLinkAbout04-28-09 Minutes CITY OF OAK PARK HEIGHTS • 7:00 P.M. TUESDAY, APRIL 28, 2009 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, Runk and Swenson. Staff present: Administrator Johnson, Finance Director Hoist, Police Chief DeRosier, City Attorney Vierling, City Engineer Postler and City Planner Richards. Absent: None. Mayor Beaudet added "Consider Revision to May City Council Meeting Dates" as New Business Item H. II. Department /Council Liaison Reports:, A. Planning Commission: City Planner Richards reported that the last meeting of the Planning Commission was on April 9. He reported that the Planning Commission made recommendations for the outdoor wood burning furnace ordinance and the CUP request by Doug Corblick. Richards reported that the next meeting is on May 14 and the commission will discuss the Nolde /Oakgreen Carriage House project. • B. Parks Commission: Councilmember McComber reported that the next meeting of the Parks Commission is on May 18 at 6:30 p.m. C. Cable Commission: Nothing to report. D. Water Management Organizations /Middle St. Croix:. Mayor Beaudet reported that the next meeting of the Middle St. Croix Water Management Organization is set for May 14 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison/Staff Reports: Administrative Secretary Pinski provided the load report for the Spring Clean-up which was held April 18. III. Visitors/Public Comment: A. Administrative Secretary Pinski reported that Craig Kogler of 14010 53` Street North was chosen as the recycling award winner. B. Colleen Danford of Lucy Winton Bell Athletic Fields requested renewal of the funding commitment of $5,032 by the City of Oak Park Heights for 2009 and the remainder of a five -year pledge period. • Mayor Beaudet, seconded by Councilmember Swenson, moved to postpone the request to the second meeting in July. Carried 5 -0. City Council Meeting Minutes April 28, 2009 Page 2 of 7 IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — April 14, 2009 Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public Hearings: None VI. Old Business: A. Outdoor Wood Boiler Svstems: City Planner Richards reported that the Planning Commission held a public hearing on this issue at their last meeting. He stated that the commission did not feel it was a good idea to limit the number of cords of wood allowed. Councilmember McComber questioned whether the chimney height needed to be higher than the highest peak on a roof. City Planner Richards confirmed and stated that • the ordinance could be clarified to state that. Councilmember Swenson, seconded by Councilmember Runk, moved to approve the ordinance with the clarification that the chimney must be higher than the highest peak on the roof. Carried 5 -0. B. Vacant Auto Dealership Sites /Schedule Worksession.: City Administrator Johnson suggested the Council discuss options and opportunities for the sites at a wor s work session. He reported that the balance in the EDA as of p March 31, 2009 was $60,396.51. Mayor Beaudet, seconded by Councilmember Swenson, moved to set a worksession in the large conference room for 5:30 p.m. on May 12. Councilmember Abrahamson suggested that ideas be submitted to City Administrator Johnson prior to that meeting. Motion carried 5 -0. C. 2009 Mill and Overlav Proiect: City Engineer Postler reported that construction estimates and a draft plan were included in the packet for that evening's council meeting. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to have construction documents completed and authorize the City Engineer to go out for bids for all base bids and alternate 1. Carried 5 -0. City Council Meeting Minutes April 28, 2009 Page 3 of 7 • D. Xcel Enerev Transmission Line Clearance,: John Wertish, Brad Wiedenfeller, and Fletcher Johnson of Xcel Energy were present at the meeting to answer any questions from the council and the public. Mayor Beaudet suggested that Xcel Energy develop a plan to clear -cut but plant trees over time so that it does not have such a tremendous impact. Councilmember Swenson requested that Xcel Energy come to a City Council meeting as soon as plans are set to clear -cut so that they can let the City and the public know what the plans are. Mr. Wiedenfeller stated that Xcel Energy planned to notify neighbors before clear - cutting trees but needed to react due to the weather and higher load on the line. Councilmember Abrahamson questioned why the trees were not topped instead of taken down. Mr. Wertish stated that the trees had been topped in the past so it was agreed with the Arborist that the trees be clear -cut. City Administrator Johnson stated that the Arborist did not make a statement that all trees need to go. Fletcher Johnson stated that the lowest height of the lines is approximately 60 feet and it is likely that topping would have killed the trees. Councilmember Runk questioned why the issue did not get addressed before it would become an emergency situation. • Mayor Beaudet requested a copy of Xcel Energy's vegetation management plan. Mr. Fletcher Johnson reported that he will check to see if it can be copied out. Steve Schaffel of 14452 57 Street North came forward and expressed some concerns about clean-up of the site where trees were clear -cut. He suggested the City Council develop a plan for control. Elaine Reinhardt of 5800 Olinda Avenue North came forward and stated that she had five trees removed from her property last year and questioned if the stumps will be removed from the area. She stated that evergreens can be topped as they have been in the past. Councilmember Runk suggested City Administrator Johnson work with Xcel to get the wood removed from the area where the trees were taken down as soon as possible. Councilmember McComber questioned why Xcel Energy did not remove buckthorn. Fletcher Johnson stated they did not remove the buckthorn because they were focusing on the evergreens, but that they can do it when they are out again. City Administrator Johnson stated the City has requested that Xcel Energy hold public meetings with area residents. He stated the City has offered to hold the public meetings at City Hall, assist with mailings, and provide is address labels. I City Council Meeting Minutes April 28, 2009 Page 4 of 7 • Councilmember Abrahamson, seconded by Councilmember McComber, moved to order the standards for Xcel Energy to compare to FERC standards, and that it come out of the parks budget. Carried 5 -0. Mayor Beaudet questioned whether Xcel Energy offsets costs if a city installed a prairie under the lines. Fletcher Johnson reported that he was not aware of cost offsets but Xcel Energy has partnered with cities in the past. E. City Hall Facilitv: City Administrator Johnson reported that the Notice to Proceed was issued that day to Jorgenson Construction, and the contract and performance bond were received. VII. New Business: A. 2008 Annual Financial Report: Dave Mol of Taugtges Redpath reviewed the financial reports. He issued a clean opinion for the City. Councilmember Runk, seconded by Councilmember McComber, moved to accept and approve the 2008 Annual Financial Report. Carried 5 -0. B. Approval of Replacement Police Officer for Vacated Police Position,: • Councilmember Swenson, seconded by Councilmember Runk, moved to accept Sergeant Hoppe's resignation from the police department. Carried 5 -0. Mayor Beaudet wished to thank him for his outstanding service for the past 17 years. Mayor Beaudet, seconded by Councilmember Swenson, moved to hold a resignation party for Sergeant Hoppe if he so desired to have one with funds coming from the council contingency fund. Carried 5 -0. Councilmember Swenson, seconded by Councilmember McComber, moved to authorize seeking a replacement police officer for the vacated police position using the hiring process outlined by Chief DeRosier. Carried 5 -0. Mayor Beaudet, seconded by Councilmember Swenson, moved to amend the hiring process that City Administrator Johnson and Councilmember McComber sit in on the final process. Carried 5 -0. C. Approval for Out of Citv Off Dutv Police Assistance: Police Chief DeRosier reported he received a request for assistance from the Stillwater Police Department for the Stillwater Marathon and for Lumberjack Days. • I City Council Meeting Minutes April 28, 2009 Page 5 of 7 Councilmember Swenson, seconded by Councilmember Runk, moved to approve the out of city off duty police assistance. Carried 5 -0. D. Alcohol Compliance Violation — Pizza Hut 14563 60 Street N.,: Police Chief DeRosier reported that the police department conducted compliance checks on April 8, 2009, and Pizza Hut failed the compliance check. He reported it is the second violation by Pizza Hut within a 24 -month period. DeRosier requested that the council impose a $1,000 civil sanction and a three -day license suspension as consistent with Resolution 00- 07 -39, and set an order to show cause hearing for the second council meeting in May. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to set a Public Hearing for the second council meeting in May, and impose the civil sanction and suspension as outlined in Resolution 00- 07 -39. Carried 5 -0. E. Condition Use Permit(s) — 15471 58 Street N. — D. Corblick: City Planner Richards reported that the request is for three CUPS. He stated the Planning Commission reviewed the request and recommended it favorably with conditions. Richards reported that Doug Corblick has already constructed the structure, but a stop -work order was issued by the Building • Official, and the structure is not yet finished. Councilmember Runk, seconded by Councilmember Swenson, moved to approve the Resolution. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to amend the Resolution that if the property owner sells the property, the seller must renew the option to have the structure in front of the future council. Failed 2 -2 -1, Runk and Swenson opposed, McComber abstained. Mayor Beaudet, seconded by Councilmember Abrahamson, moved that if Xcel Energy revokes permission for any reason, the CUP vacates. Carried 4 -0 -1, McComber abstained. Roll call vote on main motion. Carried 3 -1 -1, Beaudet opposed, McComber abstained. F. Summer Park Prop-rammin2 — Activities Coordinator: Mayor Beaudet reported that the Parks Commission recommended Gina Zeuli to the position of Summer Park Programming Coordinator. City Administrator Johnson reported that he spoke with LMCIT and was informed that the City cannot hire the position as a contractor. He proposed hiring the position as a summer temp, and there may be insurance costs associated • with the position. I City Council Meeting Minutes April 28, 2009 Page 6 of 7 Mayor Beaudet, seconded by Councilmember McComber, moved to approve hiring Gina Zeuli, and if there are extra funds required for insurance, that the funds come from council contingency. Councilmember Abrahamson stated he has not seen any programming ideas. City Administrator Johnson stated that the Parks Commission asked for ideas during the interviews and took notes. Councilmember Abrahamson questioned how much of the $15,000 budget is compensation. City Administrator Johnson reported that the City is not paying for the person to come of up with ideas, but he or she will be compensated for actually doing the activities. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to amend that this is an authorization to engage Gina Zeuli before any funds are spent. Carried 5 -0. Main motion carried 5 -0. G. Reauest for Bids — Vallev View Park Plav2round Eauipment: Mayor Beaudet stated he would like to postpone this agenda item to the second • meeting in July after budget discussions. Councilmember Swenson stated he would like to move forward with this now. Councilmember Swenson, seconded by Councilmember McComber, moved to move forward with the Parks Commission recommendation. Carried 3 -2, Beaudet and Abrahamson opposed. H. Consider Revision to Mav City Council Meeting Dates: Councilmember Abrahamson, seconded by Councilmember McComber, moved to schedule the council meeting for May 19 at 5:30 p.m. Councilmember Runk questioned if this was a special meeting. Councilmember Abrahamson stated it would be to replace the May 12 and the May 26 meeting. Councilmember Runk noted that there is a Public Hearing on the TIF proposal scheduled for May 26 so that meeting could not be taken off the calendar. City Administrator Johnson reported there will be a meeting May 19 and May 26. Motion carried 5 -0. VIII. Adiournment: Councilmember McComber, seconded by Councilmember Abrahamson, moved to adjourn at 9:04 p.m. Carried 5 -0. • City Council Meeting Minutes April 28, 2009 Page 7 of 7 Respectf i ly mitted, Approved ntent F rm, Jennifer Pinski Mu Administrative Secretary /Deputy Clerk Mayor