HomeMy WebLinkAbout1993-12-13 CC Meeting Minutes Excerpt Re Pooley The Mayor then opened a public hearing on the request
submitted by Mr. Wortman for a CUP /Planned Unit Development to
locate his business in the RB Zone. The City Attorney read the
Notice of Public Hearing, presented the Affidavit of Publication
and mailing list, and noted the absence of written comments pro or
con as against this particular application. One question was
asserted by a member of the audience questioning whether or not any
further amendments were necessary to the Zoning Code in order to
implement this particular request, and the Mayor answered that no
further amendments would be required.
There being no other public comments, Member Schaaf, seconded
by Member Doerr, moved to close the public hearing. Five aye
votes. Carried. Member Schaaf, then seconded by Member Seggelke,
moved to grant the applicant, Daniel Wortman, a Planned Unit
Development and Conditional Use Permit pursuant to the
recommendations outlined by Northwest Associated Consultants in its
report of December 8, 1993, subject to Mr. Wortman entering into
a Development Agreement with the City of Oak Park Heights
reiterating and implementing the provisions of Section 401.09D of
the newly amended Code of Ordinances of the City of Oak Park
Heights affecting his operation of the business on the site. Five
aye votes. Carried.
Mayor O'Neal excused herself from participating in any
discussion or vote dealing with the Graham Pooley property, and at
this point handed the chair of the meeting to Acting Mayor Seggelke
to preside over the Graham Pooley issue.
Acting Mayor Seggelke opened with preliminary comments on the
procedural history of meetings that have been held between the
various neighbors and Mr. Pooley in the City of Oak Park Heights
affecting the issues surrounding Mr. Pooley's drainage/ retaining
wall and /or request for a fence. Councilman Kern provided a
summary of the meeting that was held between neighbors Sullivan and
Pooley and the various legal counsel of both Mr. Pooley and the
City of Oak Park Heights and related Council individuals.
Substantial discussion ensued discussing drainage patterns
throughout the backyards of the affected property owners and the
impact of the retaining all that had been placed by Mr. Pooley
within the City's drainage easement located upon his property. All
parties agreed that the retaining wall was constructed within the
drainage easements and would act to divert waters toward the drain
receptacle located to the east of the retaining wall. There was
dispute between Mr. Pooley and the building inspector as to whether
or not his retaining wall had the effect of diverting waters onto
adjacent or adjoining properties outside of the drainage easement,
and also disputed testimony was received with regard to the impact
on drainage in the area resulting from the condition of the
Sullivan property, which is presently not landscaped, nor is the
soil stabilized. Councilman Schaaf, seconded by Councilman
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Seggelke, moved to authorize and approve the content of the draft
letter prepared by the City Attorney dated September 27, 1993, and
directed that a copy be issued to all affected neighbors and
parties to this proceeding. Two voted aye (Councilpersons Seggelke
and Schaaf) , and two voted nay (Councilpersons Kern and Doerr) .
Motion failed.
Councilman Doerr, seconded by Councilman Kern made a motion
to direct Mr. Pooley's retaining wall to be relocated to the edge
of the catch basin at a greater angle to the front of his property
so as to mitigate the impact of the diversion of waters from the
retaining wall. Councilpersons Kern and Doerr voted in favor
thereof. Councilpersons Seggelke and Schaaf opposed. Motion
failed. There being no further motions on the issue, no action was
taken by the Council.
Mayor O'Neal resumed presiding over the meeting. Motion was
made by Member Schaaf, seconded by Member Doerr, to authorize the
expenditure of funds not to exceed an additional $1,500.00 so as
to implement Alternate No. 2 as set forth within the letter from
Bonestroo, Anderlik & Associates of December 6, 1993. Five aye
votes. Carried.
Motion made by Member Doerr, seconded by Member Schaaf, to
table the request of Northern States Power Company to secure
engineering services from Bonestroo, Anderlik & Associates. Four
aye votes. Zero nay votes. One abstention (Councilman Richard
Seggelke abstaining).
Councilman Seggelke, seconded by Councilman Doerr, moved to
hire rink attendants at Brekke Park and Cover Park as follows:
John Dalluhn
John Sortedahl
Jeremy Burr
Andrew Huntsman
Alternates:
Robert Linhoff
Ben Philipson
effective as soon as winter conditions permit the availability of
skating ice, with all employees being paid at the rate of $5.00 per
hour with the exception of John Sortedahl, who will receive $5.50
per hour as a result of his previous employment experience with the
City of Oak Park Heights. Five aye votes. Carried.
Motion was made by Councilman Doerr, seconded by Councilman
Schaaf, to establish a workshop session with the non -union
employees of the City as of 6:30 o'clock p.m. on December 28, 1993,
with a special City Council Meeting to convene at 7:30 o'clock p.m.
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