HomeMy WebLinkAbout05-08-07 Council PacketCITY OF OAK PARK HEIGHTS
TUESDAY, MAY 8, 2007
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
7:05 p.m. IL Department/Council Liaison Reports
A. Planning Commission
B. Parks Commission
C. Cable Commission
D. Water Management Organizations
E. Lower St. Croix River Advisory Committee
F. Other Liaison/Staff reports
7:10 p.m. III. Visitors/Public Comment
Recycling Award (1)
This is an opportunity for the public to address the Council with questions or concerns on issues
not part of the regular agenda. (Please limit comments to 3 minutes in length.)
7:10 p.m. IV. Consent Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes — April 24, 2007 (2)
C. Approve City Council Minutes — May 1, 2007 (3)
7:15 p.m. V. Public Hearings - None
7:15 p.m. VL Old Business
A. 2007 Party in the Park (4)
B. Autumn Hills Park Shelter Update —No Enclosure
C. Resolution Supporting the Assessment of Cellular & Radio Equipment (5)
D. Oakgreen Ave. Trail Extension — South of 56"' Street (6)
E. 2008 State Bonding Bill — STH 36 Frontage Roads (7)
F. Support of the Establishment of a `NO -WAKE' zone on St. Croix River abutting
Sunnyside Marina and Wastewater Treatment Facility — (Enclosure to be provided at
meeting)
7:30 p.m. VII. New Business
A. Summer Park Attendants — (Information to be provided at meeting)
B. Alcohol Compliance Check Failure — Set Hearing to Show Cause (8)
C. MNDOT — Scenic Overlook — Site Conditions (9)
D. Fencing — Bayport Substation — Xcel Energy (10)
8:00 p.m. VIII. Adjournment
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CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574
May 3, 2007
Carla & Mike Boyd
14200 50 St N Upper
Oak Park Heights, MN 55082
Dear Carla & Mike:
Thank you for participating in the City's recycling program. As an incentive to recycle and to
increase fire prevention awareness, the City rewards two residents each month with their choice
of an award of $25.00 or a fire extinguisher and/or smoke detector(s).
Your residence was checked on Thursday, May 3, 2007 to determine if you had your recycling
bin out with your regular garbage. Your recycling was out and ready for collection; therefore,
you are one of this month's winners. Please contact me at 439-4439 at your convenience to
arrange for delivery of the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in the City's
recycling program.
Congratulations!
Jennifer
Administrative Secretary
rayu,+ 01 3o Tree City U.S.A.
Page 5 of 36
CITY OF OAK PARK HEIGHTS
7:00 PM TUESDAY, APRIL 24, 2007
CITY COUNCIL MEETING MINUTES
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 Doerr,
Abrahamson, McComber and Swenson. Staff Present: Administrator Johnson,
Finance Director Holst, City Attorney Vierling and City Planner Richards.
Mayor Beaudet added "Resolution Honoring the Work of Stan Buckley" as item F
under Consent Agenda and "Approval of Raffle Permit for the American Cancer
Society" as item G under Consent Agenda. Councilmember McComber,
seconded by Councilmember Doerr, moved to approve the Agenda as amended.
Carried 5-0.
II. Department/Council Liaison Reports:
A. Planning Commission: City Planner Richards reported that the Planning
Commission had two public hearings at their April 12, 2007 meeting. One
hearing was about the care center expansion which was on the agenda as
item B under New Business. The other hearing was about the setback
which was on the agenda as item C under New Business. The Planning
Commission also had a workshop with the Citizen's Advisory Committee
on the Comprehensive Plan. Richards reported that the next scheduled
meeting is May 10, 2007. Richards stated there are no public hearings for
that date so they will continue to work on the Comprehensive Plan
Update. They plan to put together a mission statement, a goals statement,
and a policy statement.
B. Parks Commission: Councilmember McComber reported that the Parks
Commission met on Monday, April 16, 2007 and did walkthroughs of
Swager Park, Brekke Park, and Valley View Park. The next meeting will
be May 21, 2007 starting with a walkthrough at 5:00 p.m. at Cover Park
and continuing on. The meeting will begin at 6:30 p.m.
C. Cable Commission: Councilmember Doerr reported that the last meeting
of the Cable Commission was April 18, 2007. Doerr reported that the
Cable Commission finalized the 2006 budgets. The commission also
approved funding to purchase new equipment for the city halls which will
make it easier and quicker for titling. The next meeting will be June 20,
2007.
Page 6 of 36
City Council Meeting Minutes
April 24, 2007
Page 2 of 7
D. Water Management Organizations: Mayor Beaudet reported that the
Middle St. Croix will be meeting on May 10, 2007 at the Washington
Conservation District Office.
E. Lower St. Croix River Advisory Committee: Mayor Beaudet stated there
is nothing to report for the Lower St. Croix Advisory Committee.
F. Other Liaison/Staff Reports: Mayor Beaudet reported that the Spring
Clean-up is scheduled for Saturday April 28, 2007, from 7:30 a.m. to 1:00
p.m. Mayor Beaudet reported that the City of Oak Park Heights has
received the Tree City USA Award. This is the 25"' year that the city has
received this award. Mayor Beaudet reported that many have received the
new quarterly utility billing statements. He reminded residents that they
may pay their utility bill monthly if they choose. Residents should write
their account number on the memo line of their checks.
III. Visitors/Public Comment:
New Employ: Mayor Beaudet introduced Jennifer Thoen, who has been hired
as the city's Administrative Secretary/Deputy Clerk, and Judy Tetzlaff who has
been hired as the city's Accountant.
Recycling Award: City Administrator Johnson reported that Michelle Jackson of
14033 53rd Street N. was selected to receive the recycling award.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes — April 10, 2007
C. Approve Troy Jessers Andersen — TNT Fireworks — License to Sell
Consumer Fireworks at Menards
D. Adopt Proclamation — April 24, 2007 as Arbor Day & May 2007 as Arbor
Month
E. Accept Park Bench Donation — Mr. Mark Walker
F. Adopt Resolution Honoring the Work of Stan Buckley
G. Approve Raffle Permit for the American Cancer Society
Councilmember Swenson, seconded by Councilmember McComber, moved to
approve the Consent Agenda as presented. Roll call vote taken. Carried 5-0.
V. Public Hearings:
Presentation: David Mol of Tautges-Redpath, Ltd, Certified Public Accountants
reported on the audit. Mol stated that there were no compliance findings, and a
clean opinion was issued on the financial statements.
Page 7 of 36
City Council Meeting Minutes
April 24, 2007
Page 3 of 7
VI. Old Business:
A. Autumn Hills Park Shelter: Mayor Beaudet stated that this will be
addressed after the closed session.
B. STH 36 Frontage Roads: Councilmember McComber reported that she
met with Senator Saltzman and Representative Bunn at Union Depot for
an event last week. Councilmember McComber stated that she had
mentioned to them the possibility of working with the City Council
towards a solution in the interim. Mayor Beaudet suggested sending the
legislators an invitation giving them the option to attend work session or
one of the council meetings scheduled for June or July.
Councilmember McComber, seconded by Councilmember Doerr, moved
to send an invitation to legislators giving them the option of a work
session or attending a council meeting. Carried 5-0.
C. Resolution to Washington County — Valuation of Xcel Energy Property:
Mayor Beaudet stated that this matter will be moved to the next agenda.
D. 150"' Anniversary of City of Oak Park Heights: Councilmember
McComber reported that she checked with both the Teddy Bear Band and
Artie Schaefer, and they are available for the event. McComber reported
on the possible cost of having fireworks for the event. She reported that
the City of St. Peter has a range of $3,000 to $10,000 depending on the
size of the cans. St. Anthony, Cannon Falls, and Owatonna's fireworks
displays run about $5,000. McComber would like to hand out a save -the -
date for the celebration at the Spring Clean -Up on Saturday, April 28,
2007.
Councilmember McComber also reported that she checked with the Parks
Commission and they think the event is a good idea. McComber reported
that Gina Zeuli, the chairperson, stated that she liked the idea of a dance
and a parade, and Pat Estes suggested that the council research the history
of the parks, who each park is named after and why.
Discussion took place on the possible date or dates of the event and the
possible activities. Councilmember Abrahamson stated that it might not
be worth the money for the fireworks because of the timing of the event
since the 150"' anniversary celebration would take place sometime
between the county fair and the state fair.
McComber reported that the cost of the Teddy Bear Band would be $465
for three musicians. Artie Schaefer, if he performs alone, would be $100.
Page 8 of 36
City Council Meeting Minutes
April 24, 2007
Page 4 of 7
For two musicians it would be $275 for two hours. McComber also
checked with another musician to play along with the car show, and he
would cost $200.
City Administrator Johnson suggested Councilmember McComber check
with Julie Hultman to see if Brekke Park has been reserved for the
tentative date of the celebration.
Discussion ensued regarding the possible fireworks display. Mayor
Beaudet stated a possible venue for the fireworks to be launched would be
the high school. Councilmember Swenson stated that Washington County
cancelled their fireworks display due to the fire hazard.
The council discussed the possibility of a car show and a pancake
breakfast. The council discussed the possible cost of the event and
funding.
Councilmember Abrahamson, seconded by Councilmember Swenson,
moved to authorize up to $2,000 for musical entertainment. Carried 5-0.
Councilmember McComber, seconded by Councilmember Abrahamson,
moved to consolidate Party in the Park with the 150t" anniversary
celebration. McComber stated that these will not be separate events.
Carried 5-0.
E. Appoint Judy Tetzlaff to Accountant Position: Finance Director Holst
reported that they received 29 applications. There were a couple of
withdrawals. They tested ten applicants for education, background, and
experience. Of those ten tested, one withdrew and one was unable to be
contacted. Of the ten, they narrowed it down to five. The hiring
committee, which consisted of Councilmember Doerr, Councilmember
McComber, Finance Director Holst, Senior Accountant Brunckhorst, and
City Auditor David Mol, recommended that Judy Tetzlaff be appointed to
the Accountant position.
Councilmember McComber, seconded by Councilmember Doerr, moved
to hire Judy Tetzlaff as the city's Accountant. Carried 5-0.
VII. New Business:
A. 2006 City of Oak Park Heights Annual Financial Report: Councilmember
McComber, seconded by Councilmember Swenson, moved to approve the
audit report. Carried 5-0.
Page 9 of 36
City Council Meeting Minutes
April 24, 2007
Page 5 of 7
B. Valley Senior Services Alliance (VSSA) — General Plan Review/Planned
Unit Development for Skilled Care Center Addition: City Planner
Richards reviewed the request for a general plan review of the planned
new development of the 106 -bed skilled care addition at the Boutwells
Landing campus. Richards discussed zoning, lot area, setbacks, and
parking. Richards reported that there will be 370 parking stalls for the
facility. Richards presented an overview of the facility's access, traffic
flow, loading dock/trash handling, mechanical screening, landscaping,
grading/drainage, sidewalks/trails, lighting, signage, and building design.
Councilmember Swenson raised concern about emergency calls and
emergency vehicle access to the facility.
Mayor Beaudet, seconded by Councilmember McComber, moved to
approve the Resolution with some changes. Mayor Beaudet, seconded by
Councilmember Swenson, moved to amend A.7. of the Resolution to add
Brown's Creek Watershed District. City Planner Richards stated that it is
not Brown's Creek District even though the water goes there. Mayor
Beaudet suggested the Planning Commission submit to the Brown's Creek
Watershed District out of courtesy because they will be dealing with the
water. City Attorney Vierling informed the council that the Planning
Commission has to submit to Middle St. Croix Watershed District, and
that district can then chose to defer to Brown's Creek Watershed District.
There was discussion about a rainwater garden to divert the water. Motion
carried 5-0.
Mayor Beaudet, seconded by Councilmember Swenson, moved to amend
14 of the Resolution to state that the city will conduct an annual review on
the issue of 911 calls. Carried 5-0.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to add
that the developer will provide information to secure the rooms of the
skilled care room capacity. City Attorney Vierling stated that the building
inspector would require that before the facility could open. Allen Black of
Presbyterian Homes reported that they have secured 61 of the 106 beds.
Motion carried 5-0.
Mayor Beaudet questioned Allen Black of Presbyterian Homes on whether
the addition would have a separate address than the existing facility.
Allen Black reported that it is their intent to have a separate address
because it would greatly aide ambulance response.
Allen Black also reported that they have discussed the possibility of
building a tunnel under 58t" Street to provide access to the lower level of
Page 10 of 36
City Council Meeting Minutes
April 24, 2007
Page 6 of 7
the building and provide for additional parking possibilities. The council
discussed the benefits of a tunnel.
Roll call vote taken to approve the Resolution with amendments. Carried
5-0.
C. Variance to Allow 5' Setback for Parking Lot — Swa eg r Park: City Planner
Richards reviewed the request for a 5' setback variance for a parking lot at
Swager Park. Councilmember Abrahamson, seconded by Councilmember
McComber, moved to approve the Resolution. Roll call vote taken.
Carried 5-0.
D. Support of the Establishment of a `NO -WAKE' zone on St. Croix River
abutting Sunnyside Marina and Wastewater Treatment Facility: Mayor
Beaudet reviewed the request by the Port of Sunnyside Club, Inc to
establish a no wake zone to protect boaters while fueling. Mayor Beaudet
stated that this Resolution may be merged with Stillwater in the future to
create a no wake zone from the waste treatment plan to where the new
dock is in Stillwater.
Councilmember McComber stated she would like some input from the
Department of Natural Resources on the issue. Councilmember Swenson
would like to see a memo from DNR on the process. Councilmember
McComber, seconded by Councilmember Swenson, moved to send a letter
to DNR and table this discussion for the next meeting. Carried 5-0.
E. Approve Job Descriptions: Councilmember Abrahamson, seconded by
Councilmember Doerr, moved to approve the job descriptions. Carried 5-
0.
VIII. Closed Session — Meeting with City Attorney Pending Litigation — DNR
Construction:
Mayor Beaudet announced that at this point in the meeting, they would recess to a
closed session at the advice of the City Attorney Vierling to discuss items of
pending litigation.
City Attorney Vierling proposed a motion to direct and authorize the City
Attorney and the City Administrator to negotiate with the performance bond
issuer, Granite Ree, out of Oklahoma, for the authorization by them to substitute a
contractor on the premises of the Autumn Hills Park Shelter as general contractor
on the project. Councilmember Swenson, seconded by Councilmember
McComber, moved to approve the proposed motion. Carried 5-0.
Page 11 of 36
City Council Meeting Minutes
April 24, 2007
Page 7 of 7
City Attorney Vierling proposed a motion that in the alternative, if the City
Attorney and the City Administrator are unable to successfully negotiate a
contract with Granite Ree relative to substituting a contractor for the Autumn
Hills Park Shelter project, the council will award the contract to the successful
low bidder for the project. City Attorney Vierling reported that the low bidder
was Specialty Construction of Stillwater. City Administrator Johnson stated that
the low bid was $227,000, and City Attorney Vierling stated that there would be
change orders on that bid. Councilmember McComber, seconded by
Councilmember Doerr, moved to approve the proposed motion. Carried 5-0.
IX. Adjournment:
Councilmember McComber, seconded by Councilmember Swenson, moved to
adjourn the meeting. Carried 5-0.
Respectfully submitted,
Jennifer Thoen
Administrative Secretary
Page 12 of 36
Approved as to Content and Form,
David Beaudet
Mayor
I
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-17
mi"�t
5
CITY OF OAK PARK HEIGHTS
5:00 P.M. TUESDAY, MAY 1, 2007
CITY COUNCIL MEETING MINUTES
I. Call to Order: The meeting was called to order at 5:00 p.m. by Mayor Beaudet.
Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff
present: Administrator Johnson. Absent: City Attorney Vierling.
II. City of Oak Park Heights - 150 Year Celebration:
Brief discussion was held on concerns with the organization of the 150th
Anniversary Celebration. Mayor Beaudet addressed the possibility that it may be
difficult finding staff to work on a Saturday or Sunday for the event.
Councilmember McComber reported that all large parks in the city are
unavailable on August 18, 2007, the date planned for the event. Councilmember
Swenson suggested making Party in the Park on National Night Out larger rather
than having an anniversary celebration. Councilmember Doerr informed that
National Night Out is scheduled for August 7, 2007.
Mayor Beaudet informed the council that Wal-Mart will be donating $3,000.00 to
be used for Party in the Park/150t" Anniversary. Mayor Beaudet stated a band
could be hired for National Night Out with the donation from Wal-Mart. He
suggested booking two musical acts for National Night Out. Councilmember
Abrahamson suggested booking three musical acts. He suggested the Teddy Bear
Band play near the playground equipment while Artie Schaefer plays
simultaneously at the shelter. Mayor Beaudet stated that weather cannot be
guaranteed for the event.
Councilmember Abrahamson indicated that he would like the theme of an ice
cream social. Councilmember Swenson stated he would like to see ice cream
served like in the past rather than food at the event. Administrator Johnson
suggested the council contact Julie Johnson to see if she would help plan the
event. He stated that he does not think finding staff to put in time for the event
will be an issue.
Councilmember McComber asked Administrator Johnson to put this matter on the
Agenda for the May 8, 2007 City Council Meeting. She stated she will put
together a framework on the event.
Councilmember Abrahamson, seconded by Councilmember Swenson, moved to
cancel the 150"n Anniversary Celebration and instead have Party in the Park on
August 7, 2007 from 5:00 p.m. to 7:00 p.m. Councilmember Abrahamson
clarified that end time of event should be later than 7:00 p.m. Mayor Beaudet
stated motion is amended to 5:00 p.m. to 9:00 p.m. Carried 5-0.
Page 14 of 36
City Council Meeting Minutes
May 1, 2007
Page 2 of 2
III. Adiournment.
Councilmember Swenson, seconded by Councilmember McComber, moved to
adjourn at 5:23 p.m. Carried 5 — 0.
Respectfully submitted,
Jennifer Thoen
Administrative Secretary
Page 15 of 36
Approved as to Content and Form,
David Beaudet
Mayor
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RESOLUTION
A RESOLUTION REQUESTING AND SUPPORTING THE FULL -VALUE
ASSESSMENT OF ALL PRIVATELY OPERATED CELLULAR OR RADIO
ANTENNE AND EQUIPMENT, INCLUDING ALL GROUND FACILITIES AND
ITS UNDERLYING REAL PROPERTY.
Whereas, the City of Oak Park Heights has been burdened with reduced tax revenues
from numerous property tax -rate reductions on utility properties and significant
reductions in State aids, both as approved by the State of Minnesota; and,
Whereas, the City of Oak Park Heights has not received reciprocal relief from numerous
State mandates and requirements; and,
Whereas, at the 2007 local Board of Review meeting the Washington County Assessor
indicated that the County currently has does not set values on cell phone tower
communication equipment and/or their related ground facilities; and,
Whereas, Minnesota Statute 273.11, Subd.1, requires that all property be valued at its market
value.
Whereas, these properties that are not currently being assessed for taxation purposes
should be so assessed as they also benefit from local governmental activities such as
police and fire services.
THEREFORE, BE IT NOW RESOLVED that the City of Oak Park Heights requests
that the Washington County Assessor undertake the necessary steps to ensure that all
cellular or radio facilities and their related facilities be duly valued and assessed for
taxation purposes as required by State Law.
Passed by the City Council of the City of Oak Park Heights this 8th day of May,
2007.
David Beaudet, Mayor
ATTEST:
Eric Johnson
City Administrator
Page 20 of 36
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Page 29 of 36
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
(: 140ITIONAi. USC PEItMIIT
1. Permit. Subject to the terns and conditians•set forth herein,
the City of Oak Park Heights Ileroby grants a conditional use pennit.for:
Cona2auc.t: an e(.ee.tle.i.e« 1 buba.ta.t:.i.on.
2. Propc t. The permit is for tho following described property
in the City of Oak Park Heights, Washington County, Minngsota:
THi: (VEST' 300.00 FEET OF THE CAST; 1013.00 Fr( -.-T OF THE SOUTH
22.5.00 FEET, OF THE uowrti 550.00 FEET OF THE NORTHEAST QUARTER
OF THE ,NORIHEAST QUARTER 01: SECTION 5, I'OWNSHTP 7.9 NORT{t,
RANGE 20 (JEST, WASNINOTON COUNTY, MMNESOTA, AS MEASURED AT A
RIGHT ANGLE TO TNN EAST LINE AND THE NORTH LINE 01: SAID N-ORTHEAST
QUARTER OF THE NORTHI:AS'r QUARTER.
3. Conditions. The oennit is tissued subject to the following
conditions:
. . . .. ..n ..,. n.. r,._.. .i.. ,.,..r
Page 30 of 36
i
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4, Termination o_ f, Permit. xThe City may revoke the permit follow-
ing a public hearing under any of the-,NIlowing circumstances: mdt� erioI-
change of condition of the neighborhood -where the use is-Iocated, Yiolat_ion
of the terms. of the permit. The- permit is ai+toniTtically terminatgd if-nAt
utilized within one year of the•date of City Council approval.
"" „ 5, Criminal Penalty_ VjPlatiOAiOf,tlle term of this conditional
use permit is a criminal misdemeanor.
Dated: Nov("mbek^26; 1990
CITY OF OAK PARK HCIGHTS
Its Maya`r
4Y.' tJ,y� rt`
mip Stcntor
STATE OF MINNESOTA
( ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this 2 'h,day
of ig,91?_> by Frank 0. Sommerfeldt, Mayor, and by
LaVonne lilsaii, City Clerk.o'fi' the City of Oak Park Heights, a Minnesota.:.
municipal corporation, on behalf of the-corpora.tion.
JUDY L HOLST-�-/L
.0 NOTARY PUOUC-MINNESOTA Not
WASHINGTON COUNTY Not c
AIr Canrnlwion E.Pk�a 3-i 7-t6 Pub
DRATTED 13Y CITY OF OAK PARK HBIGHTS
14168 North 570h Street
oak Park Heights, MN. 55082
I
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