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HomeMy WebLinkAbout11-05-08 Council Packet CITY OF OAK PARK HEIGHTS WEDNESDAY, NOVEMBER 5, 2008 CITY COUNCIL MEETING AGENDA 5;00 P.M. 5:001),111. 1. Call to Order /Auroval of Agenda A;slimaled times 5:05 p.m. 11. Consent Agenda (Roll Call Vote) A. Approve; Bills & Investments B. Approve City Council Mintites — October 28, 2008 5:10 p.m. 111. New Business A. Adopt Resolution Canvassing the Tabulation of' Votes Cast 1`61 the Office of Mayor and Two City Council Positions and Declaring the Results from the November 4, 2008 Election 5:20 p.m. IV. Adiournment Page 1 of 12 This Page Is Left Intentionally Blank. Page 2 of 12 Oak Park Heights Request for Council Action Meeting Date November 5, 2008 Agenda Item Approve City Council Minutes -- October 28, 2008 Time Req. 1 _ Agenda Placement Consent Originating Department / Requester - Administration /Jennifer Pinski Requester's Signature I Action Requested Approve Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 3 of 12 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, OCTOBER 28, 2008 CITY COUNCIL MEETING MINUTES 1. Call to Order /Pledge of Allegiance /Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, City Attorney Vierling and City Planner Richards. Absent: City Engineer Postler. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Agenda. Carried 5 -0. X11. Department /Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the last meeting was on October 9 and there were four public hearings: a drive - through for Snyder's at Stillwater Crossings; M &I Bank to be located in front of Wal -Mart; a proposed change to the section of City Code regarding accessory buildings; and a proposed change to the section of City Code regarding special event signage. He reported that the next meeting of the Planning Commission will be on November 13 at 7:00 p.m. at City Hall, B. Parks Commission: Councilmember McComber reported that the next meeting of the Parks Commission will be on November 17 at 6:30 p.m. at City Hall. She reported that the Oakdale Parks and Recreation Director attended a worksession with the Parks Commission members at their last meeting. C. Cable Commission: Councilmember Doerr reported that the commission called a special meeting for October 29 regarding the dispute with Comeast over PEG fees. He reported that they have settled the matter. He stated that the next regular meeting of the Cable Commission is or1 December 17 at 7:00 p.m. at the Access Center. D. Water Management Organizations /Middle St. Croix: Mayor Beaudet reported that the next meeting of the Middle St. Croix Water Management Organization is on November 13 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison/Staff Reports: Councilmember McComber reported that she received a letter that she was appointed to the Department of Transportation Complete Street Study Commission. Page 4 of 12 City Council Meeting Minutes October 28, 2008 Page 2 of 4 Commissioner Doerr reported that he received a suggestion that if there are flower boxes outside of the new City Mall building, they should be sprinkled for easier watering. III. Visitors /Public Comment; Recvelin-Y Award: Administrative Secretary Pinski reported that Tom and Penny Midas of 5683 O'Brien Avenue were chosen as the recycling award winners. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes W-- October 14, 2008 C. Approve Kennel Permit Application made by Susan Roettger D. Approve Identity Theft Prevention Program E. Approve Wage Step Increases and Budget Adjustments Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public Hearings: Order to Show Cause I learina — Rubv Tuesday Alcohol Compliance Violation: Police Chief DeRosier reported that Ruby Tuesday failed to appear for the hearing and failed to pay the $500 civil sanction. He reported that Notice of the civil sanction and hearing was hand - delivered to management on October 1. Councilmember Doerr, seconded by Councilmember Swenson, moved to close public hearing on Ruby Tuesday. Carried 5 -0. Councilmember Swenson, seconded by Councilmember Abrahamson, moved to require Ruby Tuesday to pay the $500 civil sanction by November 7, 2008; and if they fail to pay by that date, their license will be suspended until paid. VI. Old Business: A. City Hall facility — Follow-m) from Oven I louse: Mayor Beaudet reported that an open house was held prior to that evening's council meeting. He stated that the display boards will be displayed at City Hall for the next two to three weeks for visitors to view and make comments. Councilmember McComber reported that the proposed design is also on the City's website and that the public may e -mail or call in comments. B. Consider Amending City Ord. 401.15 D — Relating to Accessory Structures and the Use of a Conditional Use Permittin4 Process: City Page 5 of 12 City Council Meeting Minutes October 28, 2008 Page 3 of 4 Planner Richards reported that the council had considered slaking some changes to the setback requirements. He reported that the Planning Commission reviewed the ordinance and felt that most of the items within the accessory building section were appropriate to be amended by a conditional use permit. Mayor Beaudet provided the council with some proposed changes to conditions regarding side -yard setback requirements. Councilmernber Doerr, seconded by Councilmember Swenson, moved to postpone this item to the next meeting. Carried 5 -0. C. Consider Amending Citv Ord. 401.15 G.B. -- Rclatin2 to SPCCial Event Sivynaf4e: City Planner Richards reported that the Planning Commission recommended a change to the number of events and proposed a fee not to exceed $25.00. Councilmember McComber, seconded by Councilmember Swenson moved to approve the changes with no fee. Mayor Beaudet, seconded by Councilmember Swenson, moved to amend the number of days allowed to fifty (50). Carried 5 -0. Main motion carried 5 -0. VII. New Business: A. Consider Appointing a City Representative to the Visual Quality Advisory Committee: Councilmember Abrahamson, seconded by Mayor Beaudet, n to appoint Councilmember McComber and City Planner Richards to the committee and to have the City Administrator write a letter to MnDOT to that effect. Mayor Beaudet, seconded by Councilmember Doerr, moved to have the major decisions cone back to council. Carried 5 -0. Main motion carried 5 -0. B. Snyder Drua Stores /Stillwater Crossings: Site Plan, Design Guidelines Review and PUD Amendment to Allow Drive -thru: City Planner Richards reported that the request by Snyder Drug Stores was for a drive -thru prescription window at Stillwater Crossings, formerly known as the Lower St. Croix Mall. He reviewed the planning; report and the recommendation by the Planning Commission. Dave Leonard of Snyder Drug Stores carne forward and explained that it is unlikely that more than two cars will be in line at the window at a time. Page 6 of 12 City Council Meeting Minutes October 28, 2008 Page 4 of 4 Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Snyder Drug at Stillwater Crossings Site Plan, Design Guidelines Review and PUD Amendment. Roll call vote. Carried 5 -0. C. M &I Bank — Site Plan Review. Design Guidelines. Variance: City Planner Richards reported that the request is for a full- service drive -up bank in front of the WaI -Mart location. Ile reported that they are proposing a non - full cut -off light fixture for the front entrance. Sean Lanthrop of KKE Architects carne forward and requested approval of the wall sconce. He explained that the light would not be on past an hour after closing time. Mayor Beaudet, seconded by Councilmember Doerr, moved to approve M &I Bank without the wall sconces. Roll call vote. Carried 5 -0. D. Schedule Budget Workshop: Councilmember Abrahamson, seconded by Councilmember McComber, moved to schedule a budget workshop following the November 5, 2008 City Council Meeting and the City Administrator may add items to the workshop agenda at his discretion. Carried 5 -0. Mayor Beaudet reported that lie will have the City Administrator post on the website a list prepared by the League of Minnesota Cities oil ways to reduce expenditures. E. Convention and Visitor's Bureau — Advertisina, Efforts: Councilmember McComber requested comments on the advertisement and logo. No action was taken. V111. Adiournment: Councilmember McComber, seconded by Councilmember Abrahamson, moved to adjourn at 8:13 p.m. Carried 5 -0. Respectfully submitted, Approved as to Content and Dorm, Jennifer Pinski David Beaudet Administrative Secretary /Deputy Clerk Mayor Page 7 of 12 This Page Is Left bitentionally Bhmh- T� Page 8 of 12 �a• Oak Park Heights Request for Council Action Meeting Date Noveinber 5, 2008 Agenda Item Adopt Resolution Canvassing the 'tabulation of Votes Cast for the Office of Mayor and `I °wo City Council Positions and Decl aring the Results fron7 the November 4 2008 Election Time Req. 10 Agenda Placement New Business Originating Department /Requestor , - Administration /Jennifer Pijlski l 4 1 Requester's Signature Action Requested Approve Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached Resolution Page 9 of 12 RESOLUTION 08 -11 -43 EXTRACT OF TI-11" MINUTES OF THE CANVASSING BOARD ME'E" TING OF THE CITY COUNCIL. OF THE CITY OF OAK PARK WEIGHTS, WASHINGTON COUNTY, MNINESOTA IIIaLD NOVEMBER 5, 2008 Pursuant to due call and notice therefore, a Canvassing Board meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at the Oak Park Heights City Hall in said municipality on the 5 day of November, 2008 at 5:00 p.m. "The following members were present: Abrahamson, Beaudet, Doerr, MCColuber and Swenson. The following members were absent: None Councilmember introduced the following Resolution and moved its adoption: RESOLUTION, CITY OF OAK PARK I WASHINGTON COUNTY, MINNESOTA, CANVASSING THE TABULATION OF VOTES CAST FOR THE OF ICI:a OF MAYOR AND TWO (2) COUNCIL POSITIONS AND DECLARING THE RESULTS FROM 'THE NOVEMBER 4, 2008 ELECTION WHEREAS: The City Administrator has presented the tabulation of the results of votes cast at the November 4, 2008 General Election for the City of Oak Part: Heights; and WHEREAS: The City Council has received same tabulation as it relates to the Office of Mayor and two (2) Council positions which were voted on by residents of the City of Oak Park Heights, NOW, T IIEREFORE, BE 1T RESOLVED: By the City Council of the City of Oak Park Heights, Washington County, Minnesota, does hereby canvass and declare the winners of the following offices: Mayor with a term to commence January I, 2009 and expire December 31, 2012: David Beaudet Total votes: Two (2) Councilmember terms to commence January 1, 2009 and expire December 31, 2012: Total votes: Total votes: Total votes: Page 10 of 12 The Motion for adoption of the foregoing Resolution was duly seconded by Councilmember and upon roll call being taken thereon, the w following voted via voice: Councihnember Abrahamson — Councilmember Doerr — Councilnaernber McComber -- Councilmember Swenson — Mayor Beaudet — Thereupon said Resolution was declared duly passed and adopted and signed by the Mayor and attested by the City Administrator. Passed by the Canvassing Board of the City Council, City of Oak Park Heights, Washington County, Minnesota on this 5 "' day of November, 2008. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 11 of 12 This Page Is 1,eft 11)(e ntionally Blauk. N y: Page 12 of 12