HomeMy WebLinkAbout1998 Minutes CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING MINUTES, TUESDAY, DECEMBER 29, 1998
5:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 5:01 p.m. by Mayor Schaaf.
Present: Councilmembers Beaudet, Turnquist, Swenson and Councilmember -elect B Staff present: City
Administrator Melena, Attorney Vierling, Community Development Director Danielson, Administrative
Assistant Mesko, and Administrative Secretary Schleusner. Absent: Councilmember Robert, City Engineer
Anderlik, and City Planner Richards.
I. Call to Order /Approval of Agenda: Mayor Schaaf requested adding the acceptance of
Councilmember Robert's resignation as Item I.A., the declaration of vacancy as Item I.B and the
appointment of Lynae Byrne as Item I.C. Attorney Vierling requested adding the VSSA Agreement
as Item A under Old Business. Administrator Melena requested adding approval of a speed limit sign
as Item I under Consent Agenda, computer purchase request as Item J under Consent Agenda and
approval of Home Occupation License as Item K under Consent Agenda. Councilmember Swenson
requested adding a 3% salary increase for Administrator Melena as Item D under New Business.
Councilmember Swenson, seconded by Turnquist moved to accept the Agenda as amended.
A. Mayor Schaaf acknowledged Councilmember Robert's written resignation. Councilmember
Swenson, seconded by Mayor Schaaf moved to accept Councilmember Robert's resignation by
41) Resolution. Roll call vote was taken. Carried 4 - 0.
B. Mayor Schaaf, seconded by Councilmember Swenson moved to declare the Council vacancy
by Resolution. Roll call vote was taken. Carried 4 - 0.
C. Councilmember -elect Byrne was then sworn in to fill the vacancy left by Councilmember
Robert.
II. Department /Council Liaison Report:
A. Parks: Councilmember Byrne reported that she gave a presentation at the last meeting.
B. Cable: Nothing to report.
C. Planning Commission: Community Development Director Danielson reported that the
Planning Commission had met with Ryder Transportation and they have agreed to have the
Public Hearing moved from January 7, 1999 to January 21, 1999. She also reported that
Carriage Homes provided new plans and has requested a continuation of the Public Hearing.
■ She also reported that staff has met with Metro Council regarding the Comprehensive Plan.
4/A
__
City Council Minutes — 12- 29 -98- 2
411 D. Water Management Organizations: Councilmember Beaudet reported that the Middle St.
Croix Water Management Organization had met December 22, 1998 at Bayport City Hall and
has completed and sent a copy of the final proposed plan for Perro Creek to the state.
Administrator Melena reported that we have presented our documentation to the Browns Creek
Watershed District.
III. Visitors: There were no visitors.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - December 8, 1998
C. Approve Truth in Taxation Minutes - December 8, 1998
D. Approve City Council Minutes - December 15, 1998
E. Approve 1999 contract for building inspection services to Bayport
F. Approve interfund transfers
G. Approve amendment to Teamsters - Supervisors Unit union contract
H. Approve hiring of full -time accountant
I. Authorize installation of a speed limit sign on Memorial Avenue
J. Authorize computer purchase
• K. Approve 1999 Home Occupation License
Administrator Melena requested pulling items C, D and J for clarification.
Councilmember Swenson, seconded by Turnquist moved to approve the Consent Agenda minus Items
C, D and J. All other items were approved. Roll call vote was taken. Carried 5 - 0.
C. Approve Truth In Taxation Minutes - December 8, 1998:
Administrator Melena presented the revised 1999 budget including the changes that were
authorized by City Council on December 8, 1998 and December 15, 1998.
D. Approve City Council Minutes - December 15, 1998:
Administrator Melena again pointed out the budget changes that were authorized and reflected
in the December 15, 1998 Minutes.
Councilmember Turnquist, seconded by Swenson moved to approve the December 8, 1998 Truth In
Taxation Minutes and December 15, 1998 Council Minutes. Carried.
•
City Council Minutes — 12- 29 -98- 3
•
J. Authorize Computer Purchase:
Administrator Melena recommended purchasing three new CPU's at a cost of $3,555.00 and
authorizing staff to sell, internally, the existing three units through a bidding process.
Councilmember Swenson, seconded by Turnquist moved to authorize purchasing three new
CPU's at a cost of $3,555.00 and authorizing staff to sell the existing three units through a
bidding process. Carried.
V. Public Hearings:
There were no Public Hearings.
VI. New Business:
A. 1999 Board of Review Dates.
Councilmember Turnquist, seconded by Swenson moved to set the Board of Review date for
April 6, 1999 with the condition that it be heard at a later hour than 5:00 p.m. Carried.
• B. Receipt of Letter from Senator Gary Laidig.
Staff and Council acknowledged receipt of a letter from Senator Laidig. Staff was directed to
invite Senator Laidig and Representative Holsten to the next City Council Worksession
scheduled for January 19, 1999.
C. Approval of transfer /subordination of bonds.
Mayor Schaaf, seconded by Councilmember Beaudet moved to authorize transfer /subordination
of bonds. Roll call vote was taken. Carried 5 - 0.
D. Cost of Living Increase for Administrator Melena:
Councilmember Beaudet, seconded by Byrne moved to table this matter to allow them time to
review the Administrator's contract. The motion failed 2 - 3 with Councilmembers Turnquist,
Swenson and Mayor Schaaf voting against.
Councilmember Swenson, seconded by Turnquist moved to authorize a 3% increase in
Administrator Melena's salary. Carried 4 - 1. Councilmember Beaudet voting against.
Mayor Schaaf, seconded by Councilmember Swenson moved to recess to initiate the Economic
• Development Authority hearing at 5:49 p.m.
City Council Minutes — 12- 29 -98- 4
III
VII. Economic Development Authority
A. Approve payment of taxes for 5416 Stagecoach Trail North.
Councilmember Swenson, seconded by Mayor Schaaf moved to pay the 1999 taxes for this
property as they fall due. Carried.
B. EDA Condemnation - Ritzer Property
Attorney Vierling requested the EDA to join with the City in the acquisition of the Ritzer
property. Mayor Schaaf, seconded by Councilmember Swenson moved by Resolution to
authorize the EDA to join with the City in the property acquisition. Roll call vote was taken.
Carried 5 - 0.
C. Authorization of appraisals for Stagecoach properties
Councilmember Swenson, seconded by Mayor Schaaf moved to authorize appraisals to be
conducted to ascertain fair market value of the four Stagecoach properties. Carried 4 - 1.
Councilmember Beaudet voting against.
III Ma y or Schaaf, seconded b Councilmember Swenson moved to reconvene City Council Meeting at
6:03 p.m.
VIII. Old. Business
A. VS SA Development Agreement
Attorney Vierling gave an update on the VS bonds. He reported that VSSA is requesting
the City to delay posting of the performance bonds and letter of credit until January, 1999.
Councilmember Turnquist, seconded b Ma Schaaf moved to delay the posting of
performance bonds and letter of credit to no later than January 30, 1999. Carried 5 - 0.
Administrator Melena gave an update to Council stating that the postcards have been mailed out to all
residents notifying them of the 10% water and sewer rate increase.
Administrator Melena gave an update to Council regarding garbage hauling companies and the
requirement for them to be licensed with the City.
Administrator Melena also acknowledged the NLC Congressional Cit Conference notice and the
AMM Session that will be held February 16, 1999.
III
Cit Council Minutes — 12- 29 -98- 5
IX. Closed Session.
Council adjourned to closed session at 6:20 p.m. to discuss pending litigation issues.
X. Adjournment.
Councilmember Turnquist, seconded by Swenson moved to adjourn at 6:24 p.m. Carried 5 - 0.
Respectfully submitted,
,,ACS I2e-L
Lisa M. Schleusner
Administrative Secretary
•
•
• CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING MINUTES, TUESDAY, DECEMBER 15, 1998
7:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:01 p.m. by Councilmember
Turnquist. Present: Councilmembers Beaudet, Robert, and Swenson. Staff present: City Administrator
Melena, Attorne Vierling, Cit Engineer Anderlik, City Planner Richards, Communit Development
Director Danielson, Public Works Director Johnson, Administrative Assistant Mesko, and Administrative
Secretar Schleusner. Arriving late: Mayor Schaaf. Absent: None.
Call to Order /Approval of Agenda: Administrator Melena requested adding as Item F of Consent
Agenda, approval of Winter Park Attendants, as Item A. 4 under Public Hearings the Per Diem for
Committee members, as Item D under New Business the Brown's Creek discussion, and as Item E
under Old Business the solid waste update. Councilmember Swenson requested adding an update on
the Bayport /Oak Park Heights Joint Meeting under Council Committee Updates. Councilmember.
Turnquist requested adding a plaque received from the St. Croix Valle Recreation Center under
Council Committee Updates. Councilmember Robert requested adding as Item F under Old Business
an update on 58th Street and Neal Avenue lighting fixtures and as Item G under Old Business
discussion on the 57th Street Extension. Councilmember Beaudet requested adding Correspondence
from Lake Elmo as Item E under New Business. He also requested to move approving the proposed
• 1999 budget to Item A.3 of Public Hearings and that items 2 and 3 were voted on separatel as Item
A.5 under Public Hearings. Councilmember Beaudet, seconded by Robert moved to approve the
agenda as amended. Carried 5 - 0.
II. Department/Council Liaison Report:
A. Parks: Parks Commission Chair Lynae Byrne reported that the Parks Commission met on
December 14, 1998. She stated that the Tree Protection Ordinance will be coming to Council
for their approval. The Parks Commission had met with VSSA to discuss VSSA's plan and
they will be having a joint meeting in Februar to work on lighting and park issues. She also
reported that it was a disappointment that the St. Croix Valley Recreation Center has allowed
onl 7 to 8 hours per week for open skating, which hours are either during the da when
children are in school or after their bedtime. The Parks Commission requested that discussion
take place to inquire about additional open skating hours. Byrne also reported that Kevin
Furlong has been elected as the new Parks Commission Chair due to Byrne's election to City
Council. She also requested that the Parks Commission be included in an discussion on the
proposed NSP Park. The next Parks Commission meeting will be Januar 25, 1999 at 6:30
p.m. Immediately following the meeting will be a Parks Commission Workshop to complete
the Parks Comprehensive Plan. Councilmember Robert stated her disappointment with the
open skating hours and stated that the City of Oak Park Heights was to have members on their
advisor committee and that has not happened. Councilmember Swenson requested staff to
discuss these issues with Nile Kriesel, Administrator for the City of Stillwater.
A
City Council Minutes — 12- 15 -98- 2
• B. Cable: Councilmember Turnquist reported that the Cable Commission is in the process of
negotiation and is continuing to work toward a franchise.
C. Water Management Organizations: Councilmember Beaudet reported that the Middle St.
Croix Water Management Organization is working on a plan to submit to the Minnesota
Legislature. Councilmember Turnquist reported that the Brown's Creek Watershed held their
annual meeting December 15, 1998. He also reported that Brown's Creek assessments have
been reduced for 1999.
D. Rec Administrative Assistant Mesko recommended awarding a $25.00 check to Thomas
Haefs, 5541 Oldfield Avenue for participating in the Cit recycling program on Thursday,
December 10, 1998.
E. Planning Commission: Cit Planner Richards reported that the Planning Commission was still
working on a Comprehensive Plan. The had met and approved the concept plan for VSSA.
He also reported that the Carriage Homes matter and the R matter had been continued.
Richards reported that the next Planning Commission meeting was scheduled for January 7,
1999, a workshop was scheduled for January 11, and a Public Hearing on e
Co P was schedu for J anua ry 21, 1999.
• P. Coun Co U dates : Co Swenson 1999 repo t hat he had attended the
Bayport /Oak Park Heights Joint Meeting. He stated that his understanding of representation
of the city was to be two Councilmembers from each city. He reported that more than two
Councilmembers were participating in the matters and that he felt this needed to be clarified
Councilmember Swenson then requested that he and Councilmember Turnquist be
appointed to that committee. Councilmember Robert requested that Councilmember Beaudet
be appointed to that committee because of his involvement in the Perro Creek issues.
Councilmember Turnquist noted Councilmember Swenson's request and this issue will be
considered after the first of the y ear when appointments are made.
Councilmember Turnquist presented a plaque that was given to Oak Park Heights from the
City of Stillwater for Oak Park Heights' financial contribution for the St. Croix Valle
Recreation Center.
Councilmember Turnquist requested that the Council Committee Updates portion of the
agenda be removed for now since the committees are defunct at this point.
III Visitors: Donna Gray, 14812 58th Street North, #3D asked Council what procedure is
taken when a contractor wants to change a development agreement and plans and if the
residents notified of an changes. Attorney Vierling stated that it depends upon the original
plan. Some of the issues staff will handle and some will require a public hearing.
•
Cit Council Minutes — 12- 15 -98- 3
• Brian Smith, 5480 Stagecoach Trail stated that he is adamantl opposed to R being
pp Y g
granted a Conditional Use Permit for a bus garage next to his property. He stated that his
property value will go down and he is concerned for safet Councilmember Robert requested
that Communit Development Director Danielson meet with the surrounding property owners
to discuss planning for this area.
Larr Phillips, 5272 Stagecoach Trail stated he is opposed to Ryder being granted a
Conditional Use Permit for a bus garage next to his property. He invited Council to come to
his home and assess the danger and hazards of his drivewa which will onl be worsened b
increased traffic.
Administrator Melena referred to correspondence received from John Low regarding rezoning
of the Kern Center. Mr. Low requested ongoing meetings with the property owners.
Administrator Melena referred to a memo stating how many meetings staff has had with the
Kern Center property owners. Planner Richards stated that the existing business in the Kern
Center will be grandfathered into the new zoning. He stated he would continue to work with
legal counsel on the non - conforming properties.
Administrator Melena also referred to correspondence received from an attorne regarding the
Stillwater High School ropes course. He stated that he was concerned about a statement in
• the letter that quoted him. He stated that he later received a letter from the attorne sa
that the had a made a mistake and the letter was not from Mr. Melena, onl that he had been
referred to in another letter.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Meetings — November 24, 1998
C. Reappointment of Daria Berger to the Parks Commission
D. Approve application for tobacco license for SuperAmerica located at 14493 North 60th
Street
E. Approval of 1999 Home Occupation Licenses
Councilmember Turnquist moved to pull Item B for clarification.
Councilmember Swenson, seconded by Beaudet moved to approve the Consent Agenda minus
Item B. All other items were approved. Roll call vote was taken. Carried 5 -0.
B. Approve City Council Minutes — November 24, 1998:
Councilmember Turnquist requested adding the word Parks under Item A of
Department /Council Liaison Reports to clarif that it was the Parks Comprehensive Plan. He
also requested changing the word meeting to negotiating under Item B of Department /Council
• Liaison Reports and clarif that the Cable Commission is looking for one member and one
• Cit Council Minutes — 12- 15 -98- 4
alternate. Councilmember Robert requested adding the word Police to Item D of New Business
to clarif that the funds would replenish the Police Department Budget, not the General
Budget. Councilmember Beaudet requested the word NSP be changed to MnDOT under Item
B of Consent Agenda (November 10, 1998 Minutes).
Councilmember Turnquist, seconded b Swenson moved to approve the November 24, 1998
minutes with those changes.
V. Public Hearings:
A. 2 Approval of water rate charges and monthl billings. Administrator Melena recommended a
10% rate increase for water and sewer. There would be no change or modifications in the solid
waste fee. He also recommended going to a monthl billing s rather than the quarterl
billing system currentl in place. Councilmember Robert stated her strong objection to the
monthl billings and water rate changes. Ma Schaaf, seconded b Councilmember Swenson
moved to change to monthl billing using the same method for determining usage. Carried 3
- 2. Councilmembers Robert and Beaudet voting against.
A. 1 Approval of 1999 master budget. Administrator Melena recommended adopting the proposed
1999 budget. Councilmember Robert stated her concern about the $90,000.00 transferring
of funds. She stated that nothing is going into the reserve account, its going into the general
budget. Councilmember Beaudet, seconded b Robert moved to agree on the transfers with the
condition that it would be reduced from 15% to 3 %. The motion was voted on and did not
pass. Vote was 2 - 3 with Ma Schaaf and Councilmembers Turnquist and Swenson voting
against.
Ma Schaaf, seconded b Councilmember Turnquist moved to increase the transfer rate to
10% and eliminate the 5% franchise fee. Carried 3 - 2. Councilmembers Robert and Beaudet
voting against.
Administrator Melena stated that the tax rate was going down, there was no increase in the solid
waste removal fee and that the onl utilities that were going up were the water and sewer at
10 %. Councilmember Swenson noted that we have increased staff recentl and those fees are
used to pa part of the salaries. Councilmember Beaudet, seconded b Robert moved to adjust
the administrative fee from 10% to 3 %. The motion was voted on and did not pass. Vote was
2 -3 with Ma Schaaf and Councilmembers Turnquist and Swenson voting against.
Councilmember Turnquist, seconded b Swenson moved that funds more than over $100,000
from development fees collected would go into capital reserves /revolving fund. Carried 5 -0.
Councilmember Beaudet moved to reduce the administration fee on construction and
• engineering projects from 1 1/2% to 1/2 %. Motion died for lack of a second.
Cit Council Minutes — 12- 15 -98- 5
•
Ma Schaaf opened the public hearing to adopt the proposed 1999 budget at 8:52 p.m.
Hearing no further discussion or comment, the public hearing was closed at 8:53 p.m.
Councilmember Turnquist, seconded by Swenson moved to adopt the 1999 budget in the
amount of $ 3,052,353.00 with the above changes /recommendations by resolution. Roll call
vote was taken. Carried 3 - 2. Councilmembers Robert and Beaudet voting against.
Administrator Melena read the Resolution setting the Levy in the amount of $ 1,325,000.00
into record. Councilmember Turn seconded b Swenson moved to adopt the Resolution
setting the Tax Lev for 1999. Roll call vote was taken. Carried 5 - 0.
A. 3 Approval of utilit connection charges. Councilmember Robert, seconded b Turnquist moved
to adopt the new utilit connection charges b resolution. Roll call vote was taken. Carried 5
-0.
A. 4 Approval of per diem for Parks and Planning Commission members. It was that Parks and
Planning Commission members would be paid a $25.00 per diem for each meeting the attend.
Ma Schaaf moved to make the per diem retroactive to last quarter. Motion died for lack
of a second.
• Break from 8:57 p.m. to 9:09 p.m.
B. Continuation of Holida Stationstores Public Hearing (Mike Runch, Holida Councihmember
Swenson reported that all alcohol had been removed from the store's shelves and that Holida
has forfeited their alcohol license. The matter was opened for public hearing at 9:12 p.m.
Having no further discussion, the public hearing was closed at 9:13 p.m. Councilmember
Turnquist, seconded b Swenson moved to impose the fine and penalt as recommended b
Polic Chief Swanson, that being a $500.00 fine and a 7 -da suspension of their liquor license.
The suspension is now moot due to the fact that Holida has forfeited their liquor license.
C. Public Hearing to consider adoption of fl ash ordinance. Administrator Melena read the notice
and opened the public hearing at 9:15 p.m. Councilmember Beaudet reported that the plan
had been submitted to NSP and that work was ongoing. Attorne Vierling reported that there
had been one minor change regarding fl ash being used in construction material, i.e. fl ash
is not harmful in concrete. Having no further discussion, the public hearing was closed at 9:17
p.m. Councilmember Swenson recommended that Washington Count adopt the same
ordinance as the Cit so that all the roads being traveled will be covered. Councilmember
Beaudet, seconded b Robert moved to approve the ordinance with the one change. Roll call
vote was taken. Carried 5 - 0.
D. Final authorization for issuance of 501.C3 bonds for VS SA. Councilmember Beaudet,
• seconded b Swenson moved to adopt Resolution 98 -12- A Resolution Providing for the
• City Council Minutes — 12- 15 -98- 6
Issuance and Sale of Elderly Housing Revenue Bonds (Boutwells Landing Project), Series
1998A and B, to provide funds for an elderl housing project, on behalf of Presbyterian Homes
Housing and Assisted Living, Inc. Roll call vote was taken. Carried 5 - 0.
E. Reopen public hearing regarding Kern Center Rezoning. Councilmember Beaudet, seconded
by Swenson moved to continue this matter to January 12, 1999. Carried.
VI. New Business:
A. Adoption of Internet Policy.
Councilmember Swenson, seconded b Turnquist, moved to adopt the Internet Policy. Roll
call vote was taken. Carried 5 - 0.
B. Receipt of letter from Bayport Fire Chief.
Staff and Council acknowledged receipt of a letter from Charles Schwartz.
C. Setting of non -union salaries.
• Mayor Schaaf and Councilmember Robert stated that they were under the impression that this
did not include Administrator Melena's salar Councilmember Robert, seconded b Beaudet
moved to authorize a 3% salar increase to all non -union employees excluding Administrator's
Melena until his contract is to be reviewed. Roll call vote was taken. Carried. 4 - 1. Turnquist
voting against.
D. Brown's Creek.
Council and staff reviewed Engineer Anderlik's letter. Staff was directed to write letter on City
letterhead to Brown's Creek Watershed District and meet to discuss their rules.
Councilmember Turnquist, seconded b Mayor Schaaf moved to respond to the Brown's Creek
rules. Carried.
E. Lake Elmo Correspondence.
Councilmember Beaudet directed staff to respond to Lake Elmo thanking them for their input.
VII. Old Business:
A. Design Guidelines.
•
•
B.
C.
D.
E.
City Council Minutes — 12- 15 -98- 7
Planner Richards reported that the Design Guidelines have been finished and was now passed
to Council for their approval. He requested Council pass a Resolution and add Section 405 to
the City Ordinances. Councilmembers Robert and Beaudet requested some minor changes in
the wording i.e. to substitute shade trees for street trees and amend the section to appl to all
non - residential areas of the cit Councilmember Turnquist, seconded b Beaudet moved to
adopt the ordinance. Roll call vote was taken. Carried 5 - 0.
Ma Schaaf, seconded b Councilmember Beaudet moved to adopt the Resolution with
changes. Roll call vote was taken. Carried 5 - 0.
Comprehensive Plan - extension for Met Council review.
Councilmember Turnquist, seconded by Beaudet moved to grant an extension to March 31,
1999 for submitting the City's Comprehensive Plan.
Approval of Teamster's Contract.
Councilmember Swenson, seconded by Beaudet moved to approve the Teamster's Contract.
Carried.
• Stillwater Eagle's Club liquor licenses suspension.
Administrator Melena reported that the Eagle's Club decided that their dates for suspension of
their li license will be New Year's Eve and New Year's Day, December 31, 1998 and
January 1, 1999.
Solid Waste License Fees.
Councilmember Beaudet, seconded b Turnquist moved to set the solid waste license fees at
$150.00 per y ear. Ma Schaaf requested a reporting mechanism be devised so that the Cit
can track volumes collected. Roll call vote was taken. Carried 5 - 0.
F.
G. 58th Street and Neal Avenue Lighting Fixtures.
Councilmember Robert, seconded b Beaudet moved to authorize painting the light poles at
58th Street and Neal Avenue. Roll call vote was taken. Motion died. 2 - 3. Mayor Schaaf
and Councilmembers Swenson and Turnquist voting against.
Cit Hall Parking Lot.
Staff was directed to work on financing issue and bring recommendations to Council.
City Council Minutes — 12- 15 -98- 8
II. Closed Session.
Closed session was not needed.
VIII. Adjournment:
Councilmember Turnquist, seconded b Swenson, moved to adjourn at 10:31 p.m. Carried 5 -0.
Respectfull submitted,
4)thxfooLo_euo
Lisa Scbleusner
Administrative Secretar
•
•
CITY OF OAK PARK HEIGHTS
• CITY COUNCIL MEETING MINUTES, TUESDAY, DECEMBER 15, 1998
7:00 P.M. AGENDA
AMENDED
Call To Order /Approval of Agenda: The meeting was called to order at 7:01 p.m. by Councilmember
Turnquist. Present: Councilmembers Beaudet, Robert, and Swenson. Staff present: City Administrator
Melena, Attorney Vierling, City Engineer Anderlik, City Planner Richards, Community Development
Director Danielson, Public Works Director Johnson, Administrative Assistant Mesko and Administrative
Secretary Schleusner. Arr ivin g lat e: Mayor Schaaf. Absent: None.
Call to Order /Approval of Agenda: Administrator Melena requested adding as Item F of Consent
Agenda, approval of Winter Park Attendants, as Item A.4 under Public Hearings the Per Diem for
Committee members, as Item D under New Business the Brown's Creek discussion, and as Item E
under Old Business the solid waste update. Councilmember Swenson requested adding an update on
the Bayport /Oak Park Heights Joint Meeting under Council Committee Updates. Councilmember
Turnquist requested adding a plaque received from the St. Croix Valley Recreation Center under
Council Committee Updates. Councilmember Robert requested adding as Item F under Old Business
an update on 58th Street and Neal Avenue lighting fixtures and as Item G under Old Business
discussion on the 57th Street Extension. Councilmember Beaudet requested adding Correspondence
from Lake Elmo as Item E under New Business. He also requested to move approving the proposed
1999 budget to Item A.3 of Public Hearings and that items 2 and 3 were voted on separately as Item
• A.5 under Public Hearings. Councilmember Beaudet, seconded by Robert moved to approve the
agenda as amended. Carried 5 - 0.
II. Department /Council Liaison Report:
A. Parks: Parks Commission Chair Lynae B reported that the Parks Commission met on
December 14, 1998. She stated that Tree Protection Ordinance will be coming to Council
for their approval. The Parks Commission had met with VS SA to discuss VSSA's plan and
they will be having a joint meeting in February to work on lighting and park issues. She also
reported that it was a disappointment that the St. Croix Valley Recreation Center has allowed
onl 7 to 8 hours per week for open skating, which hours are either during the day when
children are in school or after their bedtime. The Parks Commission requested that discussion
take place to inquire about additional open skating hours. Byrne also reported that Kevin
Furlong has been elected as the new Parks Commission Chair due to Byrne's election to City
Council. She also requested the Parks Commission be included in any discussion on the
proposed NSP Park. The next Parks Commission meeting will be January 25, 1999 at 6:30
p.m. Immediately following the meeting will be a Parks Commission Workshop to complete
the Parks Comprehensive Plan. Councilmember Robert stated her disappointment with the
open skating hours and stated that the City of Oak Park Heights was to have members on their
advisory committee and that has not happened. Councilmember Swenson requested staff to
• discuss these issues with Nile Kriesel, Administrator for the City of Stillwater.
City Council Minutes — 12 - 15 - 2
• B. Cable: Councilmember Turnquist reported that the Cable Commission is in the process of
negotiation and is continuing to work toward a franchise.
C. Water Management Organizations: Councilmember Beaudet reported that the Middle St.
Croix Water Management Organization is working on a plan to submit to the Minnesota
Legislature. Councilmember Turnquist reported that the Brown's Creek Watershed held their
annual meeting December 15, 1998. He also reported that Brown's Creek assessments have
been reduced for 1999.
D. Rec Administrative Assistant Mesko recommended awarding a $25.00 check to Thomas
Haefs, 5541 Oldfield Avenue North for participating in the Cit rec program on
Thursda December 10, 1998.
E. Planning Commission: Cit Planner Richards reported that the Planning Commission was still
working on a Comprehensive Plan. The had met and approved the concept plan for VSSA.
He also reported that the Carriage Homes matter and the R matter had been continued.
Richards reported that the next Planning Commission meeting was scheduled for Januar 7,
1999, a workshop was scheduled for Januar 11, 1999 and a Public Hearing on the
Comprehensive Plan was scheduled for Januar 21, 1999.
• F. Council Committee Updates: Councilmember Swenson reported that he had attended the
Ba /Oak Park Heights Joint Meeting. He stated that his understanding of representation
of the cit was to be two Councilmembers from each cit He reported that more than two
Councilmembers were participating in the matters and that he felt this needed to be clarified.
Councilmember Swenson then requested that he and Councilmember Turnquist be appointed
to that committee. Councilmember Robert requested that Councilmember Beaudet be
appointed to that committee because of his involvement in the Perro Creek issues.
Councilmember Turnquist noted Councilmember Swenson's request and this issue will be
considered after the first of the y ear when appointments are made.
Councilmember Turnquist presented a plaque that was given to Oak Park Heights from the
Cit of Stillwater for Oak Park Heights' financial contribution for the St. Croix Valle
Recreation Center.
Councilmember Turnquist requested that the Council Committee Updates portion of the
agenda be removed for now since the committees are defunct at this point.
III. Visitors: Donna Gra 14812 58th Street North, #3D asked Council what procedure is
taken when a contractor wants to change a development agreement and plans and if the
residents are notified of an changes. Attorne Vierling stated that it depends upon the
original plan. Some of the issues staff will handle and some will re a public hearing.
•
City Council Minutes — 12- 15 -98- 3
• Brian Smith, 5480 Stagecoach Trail stated that he is adamantl opposed to R being
granted a Conditional Use Permit for a bus garage next to his property. He stated that his
propert value will go down and he is concerned for safet Councilmember Robert requested
that Communit Development Director Danielson meet with the surrounding propert owners
to discuss planning for this area.
Larry Phillips, 5272 Stagecoach Trail stated he is opposed to Ryder being granted a
Conditional Use Permit for a bus garage next to his property. He invited Council to come to
his home and assess the danger and hazards of his driveway which will only be worsened by
increased traffic.
Administrator Melena referred to correspondence received from John Low regarding rezoning
of the Kern Center. Mr. Low requested ongoing meetings with the property owners.
Administrator Melena referred to a memo stating how many meetings staff has had with the
Kern Center property owners. Planner Richards stated that the existing business in the Kern
Center will be grandfathered into the new zoning. He stated he would continue to work with
legal counsel on the non - conforming properties.
Administrator Melena also referred to correspondence received from an attorney regarding the
Stillwater High School ropes course. He stated that he was concerned about a statement in
• the letter that quoted him. He stated that he later received a letter from the attorney sa
that the had made a mistake and the letter was not from Mr. Melena, onl that he had been
referred to in another letter.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Meetings — November 24, 1998
C. Reappointment of Daria Berger to the Parks Commission
D. Approve application for tobacco license for SuperAmerica located at 14493 North 60th
Street
E. Approval of 1999 Home Occupation Licenses
P. Approval of Winter Park Attendants
Councilmember Turnquist moved to pull Item B for clarification.
Councilmember Swenson, seconded by Beaudet moved to approve the Consent Agenda minus
Item B. All other items were approved. Roll call vote was taken. Carried 5 - 0.
B. Approve Cit Council Minutes - November 24, 1998:
City Council Minutes — 12- 15 -98- 4
Councilmember Turnquist requested adding the word Parks under Item A of
Department /Council Liaison Reports to clarify that it was the Parks Comprehensive Plan. He
also requested changing the word meeting to negotiating under Item B of Department /Council
Liaison Reports and clarifying that the Cable Commission is looking for one member and one
alternate. Councilmember Robert requested adding the word Police to Item D of New Business
to clarify that the funds would replenish the Police Department Budget, not the General
Budget. Councilmember Beaudet requested the word NSP be changed to MnDOT under Item
B of Consent Agenda (November 10, 1998 Minutes).
Councilmember Turnquist, seconded b Swenson moved to approve the November 24, 1998
Minutes with those changes.
F. Approve Winter Park Attendants. The following Winter Park Attendants were hired at the
specified hourly rate:
John Sortedabl $8.50
Homer Nether), $7.00
Gabriel Boullt $7.00
Justin Blake $7.25
• Alternates: Scott Shely $7.00
Chad Baker $7.00
V. Public Hearings:
A.2 Approval of water rate charges and monthly billings. Administrator Melena recommended a
10% rate increase for water and sewer. There would be no change or modifications in the solid
waste fee. He also recommended going to a monthly billing system rather than the quarterly
billing system currently in place. Councilmember Robert stated her strong objection to the
monthly billings and water rate changes. Mayor Schaaf, seconded b Councilmember Swenson
moved to change to monthly billing using the same method for determining usage. Carried 3
- 2. Councilmembers Robert and Beaudet voting against.
A.1 Approval of 1999 master budget. Administrator Melena recommended adopting the proposed
1999 budget. Councilmember Robert stated her concern about the $90,000.00 transferring
of funds. She stated that nothing is going into the reserve account, its going into the general
budget. Councilmember Beaudet, seconded b Robert moved to agree on the transfers with the
condition that it would be reduced from 15% to 3 %. The motion was voted on and did not
pass. Vote was 2 - 3 with Mayor Schaaf and Councilmembers Turnquist and Swenson voting
against.
•
Cit Council Minutes — 12- 15 -98- 5
• Ma Schaaf, seconded b Councilmember Turnquist moved to increase the transfer rate to
10% and eliminate the 5% franchise fee. Carried 3 - 2. Councilmembers Robert and Beaudet
voting against.
Administrator Melena stated that the tax rate was going down, there was no increase in the solid
waste removal fee and that the only utilities that were going up were the water and sewer at
10 %. Councilmember Swenson noted that we have increased staff recently and those fees are
used to pa part of their salaries. Councilmember Beaudet, seconded b Robert moved to adjust
the administrative fee from 10% to 3 %. The motion was voted on and did not pass. Vote was
2 - 3 with Ma Schaaf and Councilmembers Turnquist and Swenson voting against.
Councilmember Turnquist, seconded b Swenson moved that funds more than $100,000.00
from development fees collected would go into capital reserves /revolving fund. Carried 5 - 0.
Councilmember Beaudet moved to reduce the administration fee on construction and
engineering projects from 1 1/2% to 1/2 %. Motion died for lack of a second.
Ma Schaaf opened the public hearing to adopt the proposed 1999 budget at 8:52 p.m.
Hearing no further discussion or comment, the public hearing was closed at 8:53 p.m.
Councilmember Turnquist, seconded b Swenson moved to adopt the 1999 budget in the
• amount of $3,052.353.00 with the above changes /recommendations b Resolution. Roll call
vote was taken. Carried 3 - 2. Councilmembers Robert and Beaudet voting against.
Administrator Melena read the Resolution setting the Lev in the amount of $1,325,000.00
into record. Councilmember Turnquist, seconded b Swenson moved to adopt the Resolution
setting the Tax Lev for 1999. Roll call vote was taken. Carried 5 - 0.
A.3 Approval of utility connection charges. Councilmember Robert, seconded b Turnquist moved
to adopt the new utilit connection charges b Resolution. Roll call vote was taken. Carried
5 - 0.
A.4 Approval of per diem for Parks and Planning Commission members. It was that Parks and
Planning Commission members would be paid a $25.00 per diem for each meeting the attend.
Ma Schaaf moved to make the per diem retroactive to last quarter. Motion died for lack
of a second.
Break from 8:57 p.m. to 9:09 p.m.
B. Continuation of Holiday Stationstores Public Hearing. (Mike Runch, Holiday).
Councilmember Swenson reported that all alcohol had been removed from the store's shelves
and that Holida has forfeited their li license. The matter was opened for public hearing
• at 9:12 p.m. Having no further discussion, the public hearing was closed at 9:13 p.m.
Cit Council Minutes — 12- 15 -98- 6
• Councilmember Turnquist, seconded by Swenson moved to impose the fine and penalty as
recommended b Police Chief Swanson, that being a $500.00 fine and a 7 -day suspension of
their liquor license. The suspension is now moot due to the fact that Holida has forfeited their
liquor license.
C. Public Hearing to consider adoption of fl ash ordinance. Administrator Melena read the notice
and opened the public hearing at 9:15 p.m. Councilmember Beaudet reported that the plan
has been submitted to NSP and that work was ongoing. Attorne Vierling reported that there
had been one minor change regarding fl ash being used in construction material, i.e. fl ash
is not harmful in concrete. Having no further discussion, the public hearing was closed at 9:17
p.m. Councilmember Swenson recommended that Washington Count adopt the same
ordinance as the Cit so that all the roads being traveled will be covered. Councilmember
Beaudet, seconded b Robert moved to approve the ordinance with the one change. Roll call
vote was taken. Carried 5 - 0.
D. Final authorization for issuance of 501.C3 bonds for VS SA. Councilmember Beaudet,
seconded b Swenson moved to adopt Resolution 98 - 12 - _ A Resolution Providing for the
Issuance and Sale of Elderl Housing Revenue Bonds (Boutwells Landing Project), Series
1998A and B, to provide funds for an elderl housing project, on behalf of Presb Homes
Housing and Assisted Living, Inc. Roll call vote was taken. Carried 5 - 0.
•
E. Reopen public hearing regarding Kern Center rezoning. Councilmember Beaudet, seconded
b Swenson moved to continue this matter to Januar 12, 1999. Carried.
VI. New Business:
A. Adoption of Internet Policy.
Councilmember Swenson, seconded b Turnquist moved to adopt the Internet Polic Roll call
vote was taken. Carried 5 - 0.
B. Receipt of letter from Bayport Fire Chief.
Staff and Council acknowledged receipt of a letter from Charles Schwartz.
C. Setting of non -union salaries.
Ma Schaaf and Councilmember Robert stated that the were under the impression that this
did not include Administrator Melena's salar Councilmember Robert, seconded b Beaudet
moved to authorize a 3% salary increase to all non - union employees excluding Administrator
Melena's until his contract is to be reviewed. Roll call vote was taken. Carried 4 - 1. Turnquist
• voting against.
City Council Minutes — 12- 15 -98- 7
•
D. Brown's Creek.
Council and staff reviewed Engineer Anclerlik's letter. Staff was directed to write letter on Cit
letterhead to Brown's Creek Watershed District and meet to discuss their rules.
Councilmember Turnquist, seconded b Ma Schaaf moved to respond to the Brown's Creek
Rules. Carried.
E. Lake Elmo Correspondence.
Councilmember Beaudet directed staff to respond to Lake Elmo thanking them for their input.
VII. Old Business:
A. Design Guidelines.
Planner Richards reported that the Design Guidelines have been finished and was now passed
to Council for their approval. He requested Council pass a Resolution and add Section 405 to
the Cit Ordinances. Councilmembers Robert and Beaudet re some minor changes in
the wording, i.e. to substitute shade trees for street trees and amend the section to appl to all
• non - residential areas of the cit Councilmember Turnquist, seconded b Beaudet moved to
adopt the ordinance. Roll call vote was taken. Carried 5 - 0.
B. Comprehensive Plan - extension for Met Council review.
Councilmember Turnquist, seconded b Beaudet moved to grant an extension to March 31,
1999 for submitting the Cit Comprehensive Plan.
C. Approval of Teamster's Contract.
Councilmember Swenson, seconded b Beaudet moved to approve the Teamster's Contract.
Carried.
D. Stillwater Eagle's Club liquor license suspension.
Administrator Melena reported that the Eagle's Club decided that their dates for suspension of
their liquor license will be New Year's Eve and New Year's Da December 31, 1998 and
Januar 1, 1999.
E. Solid Waste License Fees.
•
City Council Minutes — 12- 15 -98- 8
• Councilmember Beaudet, seconded b Turnquist moved to set the solid waste license fee at
$150.00 per y ear. Ma Schaaf requested a reporting mechanism be devised so that the Cit
can track volumes collected. Roll call vote was taken. Carried 5 - 0.
P. 58th Street and Neal Avenue Lighting Fixtures.
Councilmember Robert, seconded b Beaudet moved to authorize painting the light poles at
58th Street and Neal Avenue. Roll call vote was taken. Motion failed with a 2 - 3 vote. Mayor
Schaaf and Councilmembers Swenson and Turnquist voting against.
G. Cit Hall Parking Lot.
Staff was directed to work on financing issue and bring recommendations to Council.
VIII. Closed. Session.
Closed session was not needed.
IX. Adjournment:
Councilmember Turnquist, seconded by Swenson, moved to adjourn at 10:31 p.m. Carried 5 -0.
Respectfully submitted,
4 eu _)S0
Lisa Schleusner
Administrative Secretary
•
• CITY OF OAK PARK HEIGHTS
TRUTH IN TAXATION MEETING MINUTES
TUESDAY, DECEMBER 8, 1998
7:00 P.M. AGENDA
I• Call To Order /Approval of Agenda: The meeting was called to order at 7:01 p.m. b Mayor Schaaf.
Present: Councilmembers Beaudet, Swenson, and Turnquist. Staff present: Administrator Melena,
Attorne Vierling, Cit Engineer Anderlik, Finance Director Ho1st, Communit Development
Director Danielson, Administrative Assistant Mesko, and Administrative Secretar Schleusner.
Absent: Councilmember Robert.
II. Truth in Taxation Hearin Administrator Melena began the
p.m. He then g Truth in Taxation Hearing at 7:02
p• en gave a presentation, with overheads, summarizing the proposed 1999 budget and taxes.
Overheads included General Fund Revenue Summar a breakdown of General Fund Revenues, Utilit
Fund Revenues and Expenditures and the All Funds Reserve. Administrator Melena
tax rate in the Cit of Oak Park Heights is comparable to the 1995 level and that there w e a l decease
in the 1999 tax lev He also recommended adopting the proposed 1999 budget. The meeting was
opened to the public at 7:20 p.m. and having no comments from visitors, it was closed at 7:21 p.m.
Ma Schaaf, seconded b Councilmember Turnquist moved to hold the official 1999 tax lev and
budget adoption at the December 15, 1998 Cit Council Meeting.
•JI. Adjournment: The Truth in Taxation Hearing was adjourned to a Special Cit Council Meeting p.m. gat
Respectfull submitted,
Lisa Schleusner
Administrative Secretar
•
CITY OF OAK PARK HEIGHTS
• CITY COUNCIL MEETING MINUTES
TUESDAY, DECEMBER 8, 1998
7:30 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:30 p.m. by Mayor Schaaf.
Present: Councilmembers Beaudet, Swenson, and Turnquist. Staff present: Administrator Melena,
Attorney Vierling, City Engineer Anderlik, Finance Director Holst, Community Development
Director Danielson, Administrative Assistant Mesko, and Administrative Secretary Scbleusner.
Absent: Councilmember Robert.
II. Valley Senior Service Alliance: Attorney Vierling stated that staff requests Council approval of the
Development Agreement with amendments and appendices subject to final editing for VSSA.
Councilmember Turnquist, seconded by Swenson moved to approve the Development Agreement
subject to final staff edits. Carried.
III. Valley Senior Service Alliance Bond Issue: Administrator Melena read Resolution 98 -12 -67 into
record. Mayor Schaaf opened the public hearing at 7:33 p.m. Having no comments from the public,
Councilmember Turnquist, seconded by Beaudet moved to close the public hearing at 7:34 p.m.
Councilmember Turnquist, seconded by Swenson moved to approve the Resolution. Roll call vote was
• taken. Carried 4 - 0.
IV. Presentation of Certificates and Plaques: Mayor Schaaf presented Bayport Fire Chief Charles
Schwartz with a plaque recognizing his 30 years of service. Mayor Schaaf also presented
Councilmember -elect Lynae Byrne with a Certificate of Election.
V. Closed Session: Councilmember Turnquist, seconded by Swenson moved to adjourn to closed session
at 7:39 p.m. to discuss pending litigation. Carried.
VI. Adjournment: Councilmember Turnquist, seconded by Mayor Schaaf moved to adjourn at 8:22 p.m.
Carried.
Respectfully submitted,
)46 th, >20 it&tbdkeA—
Lisa Schleusner
Administrative Secretary
CITY OF OAK PARK HEIGHTS
• CITY COUNCIL MEETING MINUTES, TUESDAY, NOVEMBER 24, 1998
7:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:03 p.m. by Mayor Schaaf.
Present: Councilmembers Beaudet, Robert, Swenson, Turnquist. Staff present: Attorne Vierling, City
Planner Richards, Communit Development Director Danielson, Police Chief Swanson, City Engineer
Shimon, Public Works Director Johnson, Administrative Assistant Mesko, and Administrative Secretar
Schleusner. Absent: City Administrator Melena and City Engineer Anderlik.
Call to Order /Approval of Agenda: Administrative Assistant Mesko requested adding Nile Kriesel,
Administrator for the City of Stillwater under Visitors and adding Cit Hall Road Extension as item
B under Old Business. Councilmember Beaudet requested adding Perro Creek as Item C under Old
Business. Councilmember Swenson requested adding Authorization to Purchase Police Vehicle as
Item D under New Business. Councilmember Swenson, seconded by Turnquist moved to approve the
agenda as amended. Carried 5 - 0.
II. Department/Council Liaison Report:
A. Parks: Parks Commission member Kevin Furlong reported that the City has received a tree
grant from NSP in the amount of $1,200.00 to purchase 16 ornamental trees. He also
reported that the Parks Commission is working on the final draft of the Tree Protection
Ordinance. Mr. Furlong requested authorization to have the bids resubmitted for the Parks
4111 Comprehensive Plan in order to get a better price package. The Parks Commission is also
looking for 4 to 6 individuals to hire for Winter Park Attendants. Also, due to the election of
Lynae Byrne to the Cit Council, there is a vacanc on the Parks Commission.
B. Cable: Councilmember Turnquist reported that the Cable Commission is engaged in a formal
negotiating process to select a new franchise. The current franchise has been extended to
Februar 21, 1999. Turnquist also reported that there are two vacancies on the Cable
Commission, one for a member and one for an alternate.
C. Water Management Organizations: Councilmember Turnquist reported that the Brown's
Creek Water Management Organization has drafted their new rules.
D. Recycling: Administrative Assistant Mesko recommended awarding a $25.00 check to Steven
Casperson, 5421 Ojib Way North for participating in the Cit recycling program on
Thursday, November 19, 1998.
E. Planning Commission: City Planner Richards reported that the Planning Commission is
scheduled to meet on December 3, 1998 to consider a Conditional Use Permit for Ryder
Transportation and Bus Garage on Stagecoach Trail as well as the rezoning of the Kern Center
to B3 Highwa Business District. Richards also reported that there will be a Planning
• Commission meeting on December 10, 1998 to consider the Comprehensive Plan. Mayor
City Council Minutes — 11- 24 -98- 2
II Schaaf requested that City Planner Richards set up a meeting with the Kern Center business
and landowners before the next Planning Commission meeting on December 3rd.
F. Council Committee Updates: Councilmember Robert reported that she attended the League
of Minnesota Cities Policy Adoption Conference on Friday, November 20th.
III. Visitors:
Nile Kriesel, Administrator for the City of Stillwater, appeared to extend an invitation to the
St. Croix Valley Recreation Center ribbon cutting on Sunday, December 13, 1998 at 12:00
p.m. There will be a variety of activities including a media hockey event, soccer clinic and
skating clinic. For more information or to reserve ice time, please call 430 -2601.
John Michael, Brown's Creek Water Management Organization gave an update on the stream
shocking that was done by the Minnesota DNR. He reported that the Brown's Creek WMO
has completed a h study. Brown's Creek WMO is currently working on their rules
process and would like to have input from all cities affected, therefore, they have extended the
Public Hearing to January. Mr. Michael also extended an invitation to the Annual Meeting
to be held at the Government Center on December 14, 1998 to discuss the progress of the
Brown's Creek WMO during the last y ear.
IV. Consent Agenda:
A. Approve Bills & Investments.
B. Approve City Council Minutes — November 10, 1998.
C. Set a public hearing for December 15, 1998 to discuss changing utility billing to
monthly and to discuss water rate increase.
D. Set a public hearing for December 15, 1998 to discuss the establishment of an
ordinance dealing with fly ash.
E. Approval of staff to create an internal committee to discuss City insurance benefits.
F. Interim construction fund transfers.
G. Approval of 1999 licenses - tobacco, bingo, amusement, on & off sale intoxicating
liquor, non - intoxicating liquor.
H. Approval of new 1998 tobacco license.
I. Approve Resolution Authorizing the Acceptance of an Automated External Defibrillator
Pursuant to the Law Enforcement Defibrillator Grant Program.
Councilmember Beaudet requested to pull items B and C for clarification.
Councilmember Turnquist, seconded by Swenson moved to approve the Consent Agenda minus
Items B and C. All other items were approved. Roll call vote was taken. Carried 5 -0.
B. Approve City Council Minutes of November 10, 1998.
•
City Council Minutes — 11- 24 -98- 3
• Councilmember Beaudet requested that the Minutes reflect the specific issues that staff was
directed to work on. Councilmember Turnquist requested adding a statement regarding the
Cit strong objection to MnDOT utilizing Borrow Pit 2. Councilmember Robert requested
adding that a grading permit was required. Councilmember Beaudet, seconded by Turnquist,
moved to approve the November 10, 1998 Minutes with those clarifications.
C. Set a Public Hearing for December 15, 1998 to discuss changing utilit billing to monthly and
to discuss water rate increase.
Councilmember Beaudet requested clarification as to whether setting the new fees will be done
b council action. Attorney Vierhng stated that it would all be part of the Public Hearing on
December 15th. Councilmember Beaudet, seconded b Swenson moved to set the Public
Hearing for December 15, 1998. Carried.
V. Public Hearings:
A. Public Hearing to discuss possible suspension/revocation of a liquor license for Holiday
Stationstores, Inc. affecting off -sale of 3.2 beer and/or non - intoxicating liquor. Administrative
Assistant Mesko reported that Holiday Stationstores, Inc. had requested that this matter be
tabled to December 15, 1998 in order for them to appear in person. Councilmember Swenson,
seconded b Turnquist moved to continue this matter to December 15, 1998. Carried.
11111 B. Public Hearing to discuss possible suspension/revocation of a li license for Stillwater Aerie
94 affecting on -sale of liquor and /or wine: Police Chief Swanson reported that a compliance
check was done at the Eagle's in April, 1997 and again in September of 1998 Two 19 -year old
females were sold liquor. Swanson reported that this was the Eagle's second violation. Pete
Chamberlain, Stillwater Aerie 94, spoke to Council regarding the action they have taken to
correct this problem. He stated that the bartender who had served the minors had been
disciplined and retrained. He also stated that more lighting has been installed in the bar area
to make it easier to check identification. Police Chief Swanson recommended a $500 fine and
a 2 -day suspension of their liquor license with one of those da being a Friday or Saturday. He
also wanted it noted that the next violation will be the third and will be fined according to the
new guidelines established b Cit Council Resolution. Councilmember Robert, seconded by
Swenson moved to impose the fine and penalt as set forth b Police Chief Swanson. Carried.
C. Public Hearing for issuance of 501.C3 bonds for Valle Senior Services Alliance facility.
Barb Barry of VSSA addressed Cit Council and asked for approval for 501.C3 bonds and
approval of a housing finance program. She reported that the Development Agreement would
be executed before closing on the bonds. She also reported that there were some neighborhood
concerns regarding staking and setbacks. Ms. Barry assured Council that VS SA is keeping the
150 foot setback as shown on the plans and that some staking had been done to the west of
where the building would actually be. Cit Planner Richards noted that the December 10th
Planning Commission meeting will have a Public Hearing on this matter and that notices will
City Council Minutes — 11 24 - 4
• be out to the neighborhoods affected. Councilmember Turnquist, seconded by Swenson moved
to continue this matter to the December 8, 1998 meeting. Carried.
VI. New Business:
A. Presentation of Election Certificates for 1998 election.
Certificates were presented to Mark Swenson and Lynae Byrne for their election to the Oak
Park Heights City Council.
B. Presentation to Charlie Schwartz, Bayport Fire Chief, of plaque in recognition of 30 years with
the Bayport Fire Department.
Postponed to the December 15th meeting in order for Mr. Schwartz to be present.
C. Review of application by Presbyterian Church, 6201 Osgood Avenue North, for a Conditional
Use Permit, with Planning Commission recommendations.
City Planner Richards stated that the Planning Commission had reviewed the plans submitted
and recommends approving them with the following conditions:
• • The building design is revised so the building is 30 feet from the North property line with
the encroachment no more than two feet into the front yard or an application for variance
should be submitted.
• Grading and drainage plan subject to City review.
• Landscape plan to be submitted showing tree removal and proposed plantings. City staff
and City Arborist must approve plans.
• Lighting. Any changes in the lighting plan to be approved by City staff to assure
compliance with the City's Lighting guidelines.
• Time limit for construction not to exceed three y ears.
Councilmember Tumquist seconded by Swenson moved to approve the Conditional Use Permit
subject to the five outlined conditions. Carried.
D. Authorization to Purchase Police Department Vehicle.
Councilmember Robert, seconded by Mayor Schaaf moved to approve the purchase of a 4 wheel
drive Ford Explorer vehicle with $4,000.00 from auctioning the retired squad car to go to
replenish the police department budget. Carried 3 - 2. Councilmembers Turnquist and
Swenson voting against.
•djourn for break from 8:31 p.m. to 8:43 p.m.
City Council Minutes — 11 24 - 5
I. Old. Business:
A. Kern Center Report.
City Planner Richards recommended rezoning the Kern Center from B/W to B3. Ma
Schaaf, seconded by Councilmember Swenson moved to set a Public Hearing for December 15,
1998. Carried.
B. Oakgreen Extension.
Councilmember Beaudet stated that nothing has been done to finance this project.
Councilmember Swenson, seconded by Beaudet moved to put this matter on the December
15th Meeting to determine financing of this project. Carried.
C. Perro Creek.
Councilmember Beaudet reported that a meeting was held at Bayport City Hall on November
24, 1998. He stated that the legal opinion has not been submitted to S.E.H. and he requested
Attorney Vierling to draft a letter to Ken Hartung stating the Cit position regarding this
matter. He clarified the City's position as wanting the water levels to remain the same. Cost
of the new piping system is to be the Prison's responsibility. The current pipe is 18" and if the
• new pipe needs to be bigger, either 21" or 24 ", the Cit will pa its portion of the cost for up-
sizing the pipe to 21" or 24" according to the Perro Creek sub - watershed formula. Staff was
directed to work with Attorney Vierling to clarify the City's position.
D. MnDOT Borrow Pit Update.
Community Development Director Danielson reported that she spoke with Adam Josephson
regarding the Memorandum of Understanding. She stated she had sent a letter to MnDOT
requesting a full project description and she will follow up on this matter.
VIII. Adjournment:
Councilmember Beaudet, seconded by Swenson, moved to adjourn at 9:02 p.m. Carried.
Respectfully submitted,
*a_ 4 /1
Lisa Schleusner
Administrative Secretary
•
• CITY COUNCIL MEETCITY OF PK
ING MI UESDAY
NOVEMBER 10, 1998
7:00 P.M. AGENDA
Call To Order /Ap prova l o f A g enda The meeting was called to order at 7:01 p.m. by Mayor Schaaf.
Present: Councilmernbers Beaudet, Robert, Swenson, Turnquist. Staff present: Cit Administrator Melena,
Attorne Vierling, City Engineer Anderlik, Cit Planner Richards, Communit Development Director
Danielson, Police Chief Swanson, Cit Engineer Shimon, Public Works Director Johnson, Administrative
Assistant Mesko, and Administrative Secretar Schleusner. Absent: None.
I• Call to Ord er /App roval of en d a: Administrator Melena requested adding December meeting
dates as Item E under New Business and Presbyterian Church Conditional Use Permit as item F
under New Business. Councilmember Turnquist, seconded by Councilmember Swenson moved to
approve the agenda as amended. Carried 5 - 0.
II. Department /Council Liaison Report:
A. Parks: Parks Commission Chair Lynae Byrne reported that the next Parks Commission
meeting will be held November 16, 1998 at 6:30 p.m. at Cit Hall. This will be a joint meeting
with VSSA to discuss park space in the Presbyterian Homes Development. Ms. Byrne also
reported that clue to her recent election to the Oak Park Heights City Council, there will be a
vacanc on the Parks Commission.
• B. Cable: Councilmember Turnquist reported that the Cable Commission had met and that their
attorne had recommended extending the current franchise. A resolution was passed to engage
in a formal meeting process to select a new franchise. The current franchise has been extended
to Februar 21, 1999.
C. Water Management Or anizations Councilmember Beaudet reported that the next Middle
St. Croix Water Management Organization meeting will be on Thursda November 12th at
7:00 p.m. at Bayport Cit Hall to approve and submit to the Minnesota Legislature , the stud
on Perro Pond Winter Outlet. Councilmember Turnquist reported that the Brown's Creek
Watershed met November 9th and the are scheduled to attend the November 24, 1998 Oak
Park Heights City Council meeting.
D. Recycling: Administrative Assistant Mesko recommended awarding a $25.00 check to Sharon
and Roger Meyer, 5654 O'Brien Avenue North for participating in the Cit recycling
program on Thursday, November 5, 1998.
E. Planning Commission: Cit Planner Richards reported that the Planning Commission was
notified of a petition regarding the rezoning of lower Oak Park Heights from R -2 to R -1. The
City has received a petition with about 1/4 to 1/3 of the residents' signatures. This matter will
•
City Council Minutes — 11- 10 -98- 2
• be put on the next Planning Commission agenda. The next Planning Commission meeting
is scheduled for Thursday, November 19, 1998, which will be a joint meeting with the Oak
Park Heights City Council to discuss the Comprehensive Plan. The Planning Commission is
also scheduled to meet on Monday, November 23rd and Thursday, December 3, 1998.
F. Council Committee Updates: Administrator Melena reported that the Association of
Metropolitan Municipalities is having a Policy Adoption Meeting on Thursday, November 12th
at 5:30 p.m. and the League of Minnesota Cities is scheduled to have a Policy Adoption
Conference on Friday, November 20th from 8:00 a.m. to 2:30 p.m.
III. Visitors: There were no visitors.
IV. Consent Agenda:
A. Approve Bills & Investments.
B. Approve City Council Meetings — September 8, 1998.
C. Approve City Council Minutes — October 20, 1998.
D. Approve the adoption of the 1997 State Uniform Building Code and fees.
E. Accept the resignation of Gail Leavitt Bush from the Cable Commission.
F. Temporary workers' salaries.
G. Finance employee update.
• H. Administrator's compensation update.
I. Authorization to proceed with quick take.
J. Computer update.
K. Approval for acquisition of Public Works equipment.
L. Approval for acquisition of software and one handheld for radio read capabilities for
meter reading.
M. Approve Resolutions 98 -11 -58 and 98- 11 -59, a Resolution directing the Cit
Administrator of the City of Oak Park Heights to provide notice of hearing regarding
suspension/revocation of liquor licenses for Tuesday, November 24 at 7:00 p.m.
Administrator Melena requested to pull items D and K for further discussion. Councilmember
Robert requested to pull item H. Councilmember Beaudet requested to pull item L.
Councilmember Swenson, seconded by Beaudet moved to approve the Consent Agenda minus
Items D, K, H and L. All other items were approved. Roll call vote was taken. Carried 5 -0.
D. Approve the adoption of the 1997 State Uniform Building Code and fees:
Administrator Melena reported that Council has not adopted the fees for maintenance and
repairs, that the Cit has an ordinance instead. Councilmember Beaudet, seconded b Robert
moved to approve the adoption of the 1997 State Uniform Building Code minus Chapter 17.
Roll call vote was taken. Carried 5 - 0.
•
City Council Minutes — 11- 10 -98- 3
• H. Administrator's compensation update:
Councilmember Robert asked that this be held in a closed session. Councilmember Beaudet,
seconded b Robert moved to table this matter to the November 17th worksession.
Councilmember Turnquist, seconded b Mayor Schaaf moved to approve the compensation
adjustment for Administrator Melena. Roll call vote was taken. Carried 3 - 2.
Councilmembers Beaudet and Robert voting against.
K. Approval for acquisition of Public Works equipment:
Administrator Melena recommended that the City take a temporary draw of $19,000.00 from
the utilities fund for one y ear in order to obtain 2 new vehicles. He stated that delivery and
invoicing would not occur until after the first of the y ear. Councilmember Beaudet, seconded
b Robert moved to table the matter. Ma Schaaf, seconded b Councilmember Swenson
moved to approve obtaining the 2 vehicles. Roll call vote was taken. Carried 3 - 2.
Councilmembers Beaudet and Robert voting against.
L. Approval for acquisition of software and one handheld for radio read capabilities for meter
reading:
Public Works Director Johnson requested the Council to authorize spending $6,350.00 to
obtain new software and one handheld radio for meter reading. Councilmember Turnquist,
seconded by Swenson moved to authorize the expenditure. Roll call vote was taken. Carried
• 5 - 0.
V. Public Hearings:
A. Public Hearing to discuss approval of a development agreement for Valley Senior Service
Alliance. No new information has been obtained since the previous draft of the development
agreement. Administrator Melena suggested adding 501c3 bonding issues to the agreement
and tabling this matter to the November 17 Council Worksession. Councilmember Turnquist,
seconded b Beaudet moved to table this matter to the November 17, 1998 Council
Worksession. Carried 5 - 0.
B. Public Hearing to discuss amending ordinance chapter 502 to implement a refuse collection
system beginning January 1, 1999: Administrator Melena opened the public hearing.
Attorney Vierling explained that this amendment means that the businesses in the cit are free
to contract with whomever they want to haul their waste and the city will continue to contract
for residential waste hauling. This matter was opened for public hearing at 8:10 p.m. At 8:11
p.m. Councilmember Turnquist, seconded b Swenson moved to close the public hearing.
Councilmember Beaudet, seconded b Robert moved to accept the amendment. Carried 5 - 0.
C. Public Hearing on assessments for Brackey West /Stillwater Ford Utility Improvements of 1997
and Neal Avenue /58th Street Improvements of 1998. Administrator Melena opened the public
•
City Council Minutes — 11- 10 -98- 4
• hearing. Stillwater Ford served the City of Oak Park Heights with a formal objection.
Councilmember Turnquist, seconded by Swenson moved to close the public hearing at 8:14
p.m. Attorney Vierling recommended adopting the assessments. Councilmember Swenson,
seconded b Beaudet moved to adopt the assessments for Brackey West /Stillwater Ford Utility
Improvements of 1997 and Neal Avenue /58th Street Improvements of 1998. Carried 5 - 0.
VI. New Business:
A. Presentation b MnDOT regarding the ash landfill excavation.
Presentation given. Staff directed to work on issues with MnDOT. Issues included MnDOT"s
need for a grading permit, the State's legal opinion in which they are exempt from permits and
the source of fill material.
B. Authorize staff to receive applications for the vacant cable commission position. Mayor Schaaf
also requested staff to receive applications for the soon -to -be vacant Parks Commission
position.
C. Certificate of Recognition presented to the City of Oak Park Heights Police Department from
the City of St. Peter and Nicollet County in appreciation for outstanding service and dedication
. following the March 29, 1998 tornado. Mayor Schaaf presented this Certificate of Recognition
to Police Chief Lindy Swanson.
D. Resolution 98- 11 -60, approving the Advisory Guidelines Establishing Civil Penalties for the
Violation of State Law Regarding the Sale or Furnishing of Alcohol to Minors.
Councilmember Swenson, seconded by Beaudet moved to approve Resolution 98- 11 -60.
Carried 5 - 0.
E. December meeting dates. Administrator Melena requested scheduling Truth in Taxation and
Council Worksession on December 8, 1998 and Truth in Taxation Continuation/Adoption
and City Council meeting on December 15, 1998. Councilmember Swenson, seconded by
Beaudet moved to approve this schedule.
F. Presb Church Conditional Use Permit. Administrator Melena reported that
Presbyterian Church has applied for a Conditional Use Permit to expand the church and
recommended this matter be set for hearing at the next City Council meeting on November 24,
1998. This matter will be reviewed b the Planning Commission on November 23.
Councilmember Turnquist, seconded b Swenson moved to set this matter on for
hearing on November 24. Carried.
Adjourn for break from 9:23 p.m. to 9:37 p.m.
411
Cit Council Minutes — 11- 10 -98- 5
IC I. Old Business:
A. Award Solid Waste Contract.
Administrator Melena requested awarding the Solid Waste Contract to BFI. Councilmember
Turnquist, seconded by Swenson moved to award the contract to BFI. Tim Doran from
Superior Waste and Paul Roslin from BFI both addressed the City Council. After discussion,
Councilmember Beaudet, seconded by Robert moved to substitute Superior for BFI and award
the contract to Superior. Roll call vote was taken. Carried 3 - 2. Councilmember Turnquist
and Ma Schaaf voting against.
B. A -1 Maintenance Update.
Attorney Vierling reported that Council is free to reinstate A -1 Maintenance Conditional Use
Permit with the condition that all fees are paid prior to reinstatement. Councilmember
Turnquist, seconded by Mayor Schaaf moved to reinstate A -1 Maintenance Conditional Use
Permit. Carried.
C. Supplemental Agreement No. 5 with MnDOT for Highway 5 and Highway 36 intersection.
• Administrator Melena reported that the total cost is $47,000.00 with the City's portion of this
being $23,700.00. Administrator Melena recommended paying that amount. Councilmember
Robert, seconded by Beaudet moved to authorize payment. Carried 5 - 0.
1. Cobra v. shoebox lighting.
Engineer Anderlik reported that the cost to replace the lights and poles would be $3,400.00.
Councilmember Beaudet, seconded b Ma Schaaf moved to authorize spending $3,400.00
to replace the lights and poles. Roll call vote was taken. Carried 3 - 2. Councilmembers
Swenson and Turnquist voting against.
D. Approve plans and specifications and authorize going out to bids on the design of the City Hall
parking lot.
Administrator Melena requesting omitting the landscaping and lighting of the island and
putting this out for two bids. Councilmember Swenson, seconded by Robert moved to
authorize the plans and specifications for bids. Carried.
•
City Council Minutes — 11- 10 -98- 6
*II. Adjournment:
Councilmember Swenson, seconded by Turnquist, moved to adjourn at 10:29 p.m. Carried 5 -0.
Respectfully s ubmitted,
JSC
Lisa Schleusner
Administrative Secretary
•
•
• CITY COUNCIL MEETING MINUTES, TUESDAY OCTOBER 20, 1998
7:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:02 p. by Mayor Schaaf.
Present: Councilmember Beaudet, Robert, Swenson, Turnquist. Staff present: Cit Administrator Melena,
Attorne Vierling, Cit Engineer Anderlik, City Planner Richards, Communit Development Director
Danielson, Administrative Assistant Mesko, and Administrative Secretar Schleusner. Absent: None.
I. Call to Order /Approval of Agenda: Administrator Melena requested adding the Advertising Memo
as Item H under the Consent Agenda. Councilmember Beaudet requested a closed session to discuss
the Perro Creek legal opinion. Attorne Vierling requested adding Oak Park Heights vs. A -1
Maintenance litigation to the closed session. Councilmember Robert requested adding the Candidates
Forum as Item H under Department /Council Liaison Reports. Councilmember Turnquist requested
pulling item B from the Consent agenda, Approving Cit Council Minutes of September 8, 1998 and
removing item D of Old Bu siness, Cable Joint Powers Agreement. Councilmember Robert requested
to pull items F and G from the Consent Agenda, Approve bid from St. Croix Tree Service and Direct
staff to receive proposals from consultant to develo p long-range capital
improvements and construction under Consent A Agenda. Councilmember B ent program for park
Councilmember Turnquist moved to approve the agenda as amended. Carried 5 - 0 et, seconded b
•II. Departme /Council Liaison Repor
A. Parks: Parks Commission Chair Lynae Byrne reported that the Parks Commission had met
on October 19, 1998 and gave an update:
• The Parks Commission has finished drafting the tree ordinance.
• The Cit received a tree grant from NSP for 16 trees for Swager Park. There will
be a vote at the Open House to rename Swager Park.
• Andy Weaver has signed the agreement to do the prairie restoration work.
• Most of the playground equipment has arrived and will be put in place in the spring
of 1999.
Byrne also reported that the Garden Committee has completed mulching in Cover Park and
the bulbs have been planted at Cit Hall. The will be meeting with VS SA to plan and name
the new park. The Parks Commission recommended going ahead with the comprehensive plan
to utilize the trails and re - recommended that k dedication ication remains 10% open space not
based on population densit The also requested that the fees collected
the land value. The next Parks Commission meeting will be November 16, 1998.
to equal
B. Cable: Councilmember Turnquist reported that the Cable Commission is scheduled to meet
on October 21, 1998.
IIII
•
•
ill City Council Minutes — 10- 20 -98- 2
C. Water Management Organizations: Councilmember Beaudet reported that the next Middle
St. Croix Water Management Organization meeting will be on Thursday, November 12th at
7:00 p.m. at Bayport Cit Hall to approve and submit to the Minnesota Legislature , the study
on Perro Pond Winter Outlet. Councilmember Turnquist reported that the Brown's Creek
Watershed met October 12th and the are scheduled to meet October 26, 1998.
D. Recycling: Administrative Assistant Mesko recommended awarding a $25.00 check to Joseph
McQuillan, 5558 Novak Avenue North for participating in the City's recycling program on
Thursda October 16, 1998.
E. Planning Commission: City Planner Richards reported that the Planning Commission met
on October 15th regarding a Carriage Homes proposal for a senior apartment building.
Carriage Homes will be providing additional information at a later date. The Planning
Commission also reported that the had met with Richard Keller regarding the garage variance
and had met with the Parks Commission regarding the comprehensive plan. The next Planning
Commission meeting is scheduled for Thursday, November 19, 1998.
F. Council Committee Updates: Mayor Schaaf reported that he has attended several
transportation and land use seminars related to road access and T21 transportation efficiency.
• G. Bridge: Mayor Schaaf reported no new developments.
H. Candidate Forum: Councilmember Robert reported that the League of Women Voters will host
a candidate's forum on October 27, 1998 at Cit Hall from 7:00 to 8:00 p.m. This forum will
be cable cast.
III. Visitors: There were no visitors.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Meetings — September 8, 1998
C. Approve City Council Minutes — September 22, 1998
D. Approve City Council Minutes - October 6, 1998
E. Approve contract for auditing services for 1998
F. Approve bid from St. Croix Tree Service for diseased and hazard tree removal, pruning
and stump grinding
G. Direct staff to receive proposals from consultant to develop a long range capital
improvement program for park improvements and construction
H. Authorize advertising fees.
• Councilmember Swenson, seconded by Turnquist moved to approve the Consent Agenda minus
Items B, F, G, and H. All other items were approved. Roll call vote was taken. Carried 5 - 0.
• Cit Council Minutes — 10- 20 -98- 3
B. Approve City Council Minutes — September 8, 1998:
No discussion had taken place regarding these minutes. Councilmember Swenson, seconded
by Robert moved to table this matter to the next Cit Council meeting on November 10, 1998.
Roll call vote was taken. Carried 5 - 0.
F. Approve bid from St. Croix Tree Service for diseased and hazard tree removal, pruning and
stump grinding:
Councilmember Robert questioned what work would be done this year and versus next year.
Administrator Melena reported that the public safet issues would be addressed this year.
Councilmember Robert, seconded b Swenson moved to approve the bid. Roll call vote was
taken. Carried 5 - 0.
G. Direct staff to receive proposals from consultant to develop a long -range capital improvement
program for park improvements and construction:
Councilmember Robert questioned whether this plan would be clone with or without a surve
taking place. Parks Commission chair Byrne reported that they would recommend that this
be done without a surve considering the poor response received in the past. Administrator
Melena clarified that Council would be directing staff to receive proposals only, not to proceed
1111/ at this time. Councilmember Turnquist, seconded b Robert moved to authorize staff to receive
proposals from consultant to develop a long -range capital improvement program for park
improvements and construction. Roll call vote was taken. Carried 5 - 0.
H. Advertising Opportunit with the Stillwater Area Chamber of Commerce:
Administrator Melena requested the Council to authorize spending $665.00 for advertising
through the Stillwater Area Chamber of Commerce to develop St. Croix Valle area maps of
Oak Park Heights to include all of Bayport and Baytown Township. Councilmember
Turnquist, seconded by Beaudet moved to authorize the expenditure. Roll call vote was taken.
Carried 5 - 0.
V. Public Hearings:
A. Public Hearing to consider amending Ordinance 1201 and 1202 affecting the sale and
distribution of non - intoxicating and intoxicating liquors. Attorne Vierling clarified that the
amendment was a technical amendment requested b Police Chief Swanson regarding
compliance checks. Councilmember Turnquist, seconded b Swenson moved to close the public
hearing. Councilmember Swenson, seconded b Beaudet, moved to approve the ordinance
amendments. Carried 5 - 0.
B. Public Hearing for Bracke West Special Assessment Hearing: Administrator Melena
• requested this item be tabled until November 10, 1998 in order to provide for le al ub t
Councilmember Beaudet, seconded b Turnquist moved to table the matter. Carried 5a- 0.
Cit Council Minutes — 10 20 - 4
Il k. New Business:
A. Public Hearing Date for November 10, 1998 to discuss proposed ordinance to implement
refuse collection system beginning Januar 1, 1999.
Councilmember Turnquist, seconded b Swenson, moved to set the public hearing date for
November 10, 1998. Roll call vote was taken. Carried 5 - 0.
B. Approve garage variance for Richard Keller.
Planning Commission reported the felt there was a hardship and had recommended that the
variance be granted. Mr. Todd Weiss, Mr. Keller's neighbor that would be most affected b this
variance, spoke with Administrator Melena to express his approval for the variance.
Councilmember Turnquist, seconded b Swenson moved to grant the garage variance. Roll call
vote was taken. Carried 4 - 1. Councilmember Beaudet voting against.
C. Public Works Director Review and Update.
Councilmember Swenson, seconded b Beaudet moved to authorize a pa increase for the
Public Works Director based upon his excellent six month evaluation. Carried 5 - 0.
•
D. Memo of Understanding.
g
Administrator Melena reported that the Parks Commission was in favor of the ice - skating
lessons provided b Ms. Renee Sorenson. Councilmember Beaudet requested that notice of ice -
skating lessons offered be put on cable and in the Cit newsletter. Councilmember Turnquist,
seconded by Robert moved to accept the Memo of Understanding for Renee Sorenson. Carried
5 - 0.
VII. Old, Business:
A. Updated on VS SA
Administrator Melena reported that the Development Agreement is still being worked on. Staff
requested permission to respond to bond issues. Staff recommends setting a public hearing for
November 10, 1998 if all contingencies are met in the meantime. Ma Schaaf, seconded b
Councilmember Swenson moved to set the public hearing. Carried 5 - 0.
• Cit Council Minutes — 10- 20 -98- 5
B. Goal Setting
Council and staff conducted a six -month review on goals set in April, 1998 strategic
planning /goal setting session. There was overall approval that the Cit was moving along on all
goals identified.
B. Update Regarding Solid Waste Contract
Administrator Melena requested approval to allow staff to meet with the two lowest bidders,
Superior and BFI. He also stated that staff would have recommendations at the November 10th
meeting. Councilmember Turn seconded b Robert moved to authorize discussion with
Superior and BFI. Carried 4 - 1. Councilmember Swenson voting against.
Councilmember Turnquist, seconded b Swenson, moved to adjourn to closed session at 9:02 p.m. Carried
5 - 0.
Council reconvened at 9:26 p.m.
• Councilmember Turnquist, seconded b Swenson moved to authorize legal to hire LaSalle & Assoc.
for Eller Media litigation. Carried 5 - 0.
Councilmember Beaudet, seconded b Turnquist moved to direct staff to meet with SEH and Ken
Hartung of Bayport. Carried 5 - 0.
VIII. Adjournment:
Councilmember Swenson, seconded b Turnquist, moved to adjourn at 9:28 p.m. Carried 5 - 0.
Respectfull submitted,
gtekL" ) /
Lisa Schleusner
Administrative Secretar
•
CITY OF OAK PARK HEIGHTS
• CITY COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 6, 1998
7:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:01 p.m. by Mayor Schaaf.
Present: Cotmcilmembers Beaudet, Robert, Swenson, Turnquist. Staff present: City Administrator Melena,
Attorney Vierling, City Engineer Anderlik, Administrative Assistant Mesko, and Administrative Secretary
Schleusner. Absent: City Planner Richards.
I. Call to Order /Approval of Agenda: Administrator Melena requested adding a Resolution of
Congratulations for Mr. Lyle Eckberg as Item C under New Business and adding Brackay West as Item C
under Old Business. Council member Robert requested setting a date for the City's open house as Item D
under New Business. Council member Swenson, seconded by Beaudet moved to approve the agenda as
amended. Carried 5 — 0.
II. Department /Council Liaison Report:
A. Parks: Council member Robert reported that the Parks Commission had not met since the last
City Council meeting. The next Parks Commission meeting is scheduled for Monday, October
19, 1998 at 6:30 p.m.
0 B. Cable: Council member Turnquist reported that the Cable Commission had developed a
preliminary draft of the budget, negotiations are continuing and the Joint Powers Agreement
is being tabled to the next meeting.
C. Water Management Organizations: Council member Beaudet reported that the next Middle
St. Croix Water Management Organization meeting will be on Thursday, November 10 at
7:00 p.m. at Ba Cit Hall.
D. Recycling: Administrative Assistant Mesko recommended awarding a $25.00 check to John
and Diane Reeves, 5876 Oldfield Avenue North for participating in the City's rec
program on Thursday, October 1, 1998.
E. Planning Commission: No report given. Next Planning Commission meeting is Thursday,
October 15, 1998 at 7:00 p.m.
F. Council Committee Updates: Council member Turnquist reported that the AMM policy
adoption meeting will be held November 12, 1998 and the LMC polic adoption meeting will
be held November 20, 1998. Council member Beaudet reported that the Metropolitan Council
has met and kept in place pro - funding for transportation.
G. Bridge: Mayor Schaaf reported that the final meeting by Braun was held September 28, 1998.
41110 He also reported the Sierra Club is concerned about the bridge capacity. The fate of the old
lift bridge will be decided at a later date.
City Council Minutes — 10- 06 -98- 2
•
III
IV.
•
B.
Visitors:
Jennifer Farris, Coordinator for Make a Difference Day announced that Community
Volunteers is looking for volunteers to help clean up yards for the elderly and disabled in the
community. They are also looking for people in need of these services. Make a Difference Day
will be held Saturday, October 24 from 8:00 a.m. until 12:00 p.m.
Consent Agenda:
A.
B.
C.
D.
E.
F.
G.
H.
Approve Bills & Investments
Approve City Council Meetings — September 8, 1998
Approve City Council Minutes — September 22, 1998
Approve Extract of City Council Meeting Minutes Receiving ivi d5 and
n Avenue
Conditionally n
Awarding Contract on the 58t Street Avenue o rth/No r
Improvements of 1998/1999
Approve Extract of City Council Meeting Minutes — Receiving Bids and Conditionally
Awarding Contract on Kern Center Improvements of 1998/1999 Contingent Upon
Acquisition of Right -of -Way Sergeant Eligibility List
Approve Police Department's Request to Extend the Life of the
Approve Change Order No. 1 for City Hall Reroofing Project
Approve Pay Request No. 1 for City Hall Reroofing Project
I. Approve hiring of Community Development Director
J.
K. Approve hiring of Part -time Dispatcher
Set a Public Hearing for October 20, 1998 to consider Amending Ordinance Chapters
1201 and 1202 Affecting Sale and Distribution of Non - Intoxicating and Intoxicating
Liquors
L. Re -table Cable Joint Powers Agreement Approval until the October 20, 1998 Council
Meeting
M. Approve additional Election Judges
Council member Beaudet, seconded by Turnquist moved to approve the Consent Agenda minus
Items B, C, F, I and J. Roll call vote was taken. Carried 5 -0.
Approve City Council Minutes — September 8, 1998
Discussion regarding changes in the minutes will be held at the October 13 work session.
C. Approve City Council Minutes — September 22, 1998
Discussion regarding changes in the minutes will be held at the October 13 work session.
Council member Swenson requested legal information end the regarding changing minutes. the Sergeant Eligibility list in t hat
F. Administrator Melena clarified the
list is only valid for 24 months unless extended. The extensive cost of creating an updated
list is the main reason for extending the current list. Council member Beaudet, seconded b
Swenson moved to re- authorize the current eligibility list.
City Council Minutes — 10- 06 -98- 3
•
I. Administrator Melena recommended Hiring Kris Danielson as the Community Development
Director alter extensive group interviews by the panel and checking references. Ms. Danielson's
start date will be October 16, 1998. Council member Swenson, seconded by Robert moved to
approve the hiring of Kris Danielson as the Community Development Director.
J. Administrator Melena clarified the need to hire a part -time Dispatcher due to an upcoming
maternity leave and the need to cover vacation time and sick leave. Council member Turnquist,
seconded by Swenson moved to approve hiring a part -time Dispatcher.
V. Public Hearings:
None
VI. New Business:
A. Proclamation Declaring October 5 — 11 Cities Week
Council member Beaudet, seconded by Swenson moved to declare October 5 —11 Cities Week.
B. MnDot Excavation and Capping of a Portion of the Allen S. King Ash Disposal Facility
Project to be started on October 19, 1998. More discussion is needed to decide the route for
removal. Expected project completion date is mid -May.
C. Resolution for Lyle Eckberg
The Resolution for Lyle Eckberg was read into the record. Carried.
D. Date for City Open House
Council member Swenson, seconded by Beaudet moved to set November 10, 1998 from
2:00 p.m. to 6:00 p.m. for the Open House. Carrie d
VII. Old Business:
A. Valley Senior Services Alliance's Development Agreement Update — to be reviewed at October
20 Council Meeting
Administrator Melena stated that the Development Agreement was not yet final. More
discussion will take place at the next work session and next Council meeting.
411 B. Computer Update
City Council Minutes — 10- 06 -98- 4
Administrator Melena reported that wiring of City Hall has been completed and the new
computers are installed and functioning. He recommended authorizing o $4,400.00 t o ins i a ll
Internet capabilities and another $1,000 to install e-mail.
seconded by Beaudet moved to authorize a total of $5,400.00 for Internet and e -mail for City
Hall. Carried.
B. Brackay West Assessment Hearings
Council member Turnquist, seconded by Beaudet moved to set the Public Hearing for the
October 20, 1998 City Council Meeting.
VIII. Adjournment:
Council member Swenson, seconded by Turnquist, moved to adjourn at 8:03 p.m. Carried 5 -0.
Respectfully submitted,
Lisa Schleusner
Administrative Secretary
410
CITY OF OAK PK
4110 CITY COUNCIL MEETING MINUTESUESDAYTS
SEPTEMBER 22, 1998
7:00 P.M. AGENDA
Call To Ord er Approval of denaa Th meeting was called to order at 7:01 p.m. b Mayor Schaaf.
Present: Councilmembers Beaudet, Robert, Swenson, Turnquist. Staff present: City Administrator Melena,
City Attorne Vierling, Planner Grimm, Planner Digre, Cit Engineer Anderlik, Engineer Shimon,
Administrative Assistant Mesko, Administrative Secretar Schleusner. Absent: None.
1. Call to Order /Ap of Agenda: Administrator Melena requested to add the Palmer Purchase
Agreement as Item E of Old Business. Administrator Melena also requested to approve items B and D of
Public Hearings /Official Business contingent upon propert acquisition. Mayor Schaaf requested to move
Item E under Department /Council Liaison Reports to Item E of Old Business. Councilmember Swenson,
seconded b Baudet moved to approve the agenda as amended. Carried 5 -0.
II. Department /Cou Liaison Re
A. Parks: Lynae Byrne, Parks Commission Chair, gave the arks report. B
send p p Byrne said that the Parks
Commission will
sen a representative to come to council meetings. Kathy Widin held a
workshop on September 22, 1998 to draft a Tree Protection Ordinance. Garden Committee
made $834.00 from fall perennial sale. Byrne said that at its September 21, 1998 meeting
• the Parks Commission made several recommendations. And Weaver be hired as prairie
restoration project site manager to report to City Arborist Widin, who
Commission. VSSA to accept northern 2.5 acre parcel and r questl d City Parks
additional land southwest of the proposed shelter.. Regarding park dedication 1) That staff
be directed to determine cash dedication based on the market value of the land 2) Establish a
goal of attaining 10% open space within the cit Open space is not to be based on population
3) The funds in the land acquisition fund to be used only for land
Application acquisition and 4)
A
pp for grant for VSSA project park shelter. Mayor Schaaf suggested a joint
meeting /workshop with the Parks Commission. Councilmember Robert requested the work
session of October 13, 1998 at 7:00 p.m. for the joint meeting. The next Parks Commission
meeting will be held Monda October 19, 1998 at 6:30 p.m.
B. Cable: Councilmember Turnquist reported the meeting had been rescheduled to September
30, 1998 to discuss negotiations and refranchise issues.
C. Water Mana eme nt Organizations Council member Baudet reported that the next Middle St.
Croix Water Management Organization meeting will be on Thursda November 12 at 7:00
p.m. at Bayport Cit Hall. Councilmember Turnquist reported that Brown's Creek Watershed
had approved their budget of $833,000.00 for 1999. Their next meeting will be held Monda
September 28, 1998.
•
• Cit y Council Minutes - 09/08/98 - 2
D. Rec clip Administrative Assistant Mesko recommended awarding a $25.00 check to Doug
Groth of 6314 Peacan Avenue North for participating in the City's recycling program on
Thursda September 17, 1998.
P. Planni Co mmission Update from Planner Grimm that VSSA is requesting approval with
recommendations for design guidelines, park dedication, zoning and property notification signs.
Next Planning Commission meeting is October 15, 1998 at 7:00 p.m.
G. Council Committee U dates:
League of Minnesota Cities - Council member Baudet reported that the League of
Minnesota Cities was considering a gasoline tax that will be considered b sub-
committee with three outstate cities being represented and three metro cities being
represented.
Assoc. of Metropolitan Municipalities Housin and Economic Development Comm. -
Council member Turnquist reported that the
Association of Metropolitan
Municipalities Housing and Economic Development Committee has met and
recommended a couple of policies regarding
II• Visitors:
Roshelle Noeker, Secretarial Intern for the Cit of Oak Park Heights.
Chris Baldus, Editor of Stillwater Gazette reported on the preliminar results of the
bridge surve the Gazette is conducting. He will have final results b the end of the
week.
N. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - September 8, 1998
C. Approve hiring of Lisa Schleusner as Administrative Secretary /Personnel
Technician/Deput Clerk
D. Approve securit system additions
E. Authorize legal opinion regarding Perro Creek
P. Cable Benefit Agreement
G. Authorization of outdoor warning system
B. Council member Baudet requested wording changes in the budget discussion of September 8,
1998. Council member Turnquist, seconded b Council member Swenson, moved to table
• the Cit Council Minutes of September 8, 1998 as amended. Carried 5 -0.
110 City Council Minutes - 09/08/98 - 3
D. Administrator Melena stated the fire alarm system is in place but the perimeter of the building
is not secure. Council member Swenson, seconded b Council member Robert moved to
approve the securit system additions. Carried 5 - 0.
Council member Turnquist, seconded b Swenson moved to approve the Consent Agenda minus Items
B and D. Roll call vote was taken. Carried 5 -0.
V. Public Hearings:
A. Sale of Bonds
B. Award of 58th Street bids
C. Award of 60th Street bids
D. Award of Kern Center bids
E. Development /Assessment agreement for Valle Senior Services
A. Steve Mattson of Juran & Mood reported a 4.18% bond rate, the lowest he has ever
seen. The cit has an A -2 rating. Council member Turnquist, seconded b Robert
moved to approve Resolution 98 -09 :S , the sale of bonds. Roll call vote was taken.
Carried 5 -0.
B. City Engineer Anderlik reported receiving 10 bids for this project and recommended
awarding the bid to Tower Asphalt for $754,417.50 (City Engineer's estimate was
$800,000.00) 800,000.00) contingent upon city securing Right of Way, approval of Resolution 98-
' and development agreement with VS SA. Council member Swenson,
seconded b Mayor Schaaf moved to approve and award the bid to Tower Asphalt. Roll
call vote was taken. Carried 5 - 0.
C. City Engineer Anderlik reported receiving four bids for this project and recommended
awarding the bid to Tower Asphalt for $52,150.00 (City Engineer's estimate was
$50,000.00). Council member Robert, seconded b Ma Schaaf moved approve
Resolution 98 -09 5 5 , and award the bid to Tower Asphalt. Roll call vote was taken.
Carried 5 - 0.
D. City Engineer Anderlik reported the five low bids for this project and recommended
awarding the bid to Ryan Contracting, Inc. For $794,049.25. Song Fawcett of
Bannigan and Kell the law firm representing some of the Kern Center business owners,
stated a formal object to the total cost of this project and requested clarification of the
fees. She said that the Kern Center business owners would like to work with staff on
these issues. Ra Kenned business owner, thanked staff and stated he was not opposed
• to sewer and water. He was, however, opposed to the cost. Joe Kohout, Xanadu Golf
also objected to the cost and requested more dialogue with staff. Will Zintel, business
• Cit y Council Minutes - 09/22/98 - 4
owner, rela his concern over the storm sewer increase. He questioned the need for
a 42" pipe when there is currentl an 18" pipe and would like more discussion. Mayor
Schaaf, seconded b Council member Baudet moved to approve Resolution 98 -09 5c '
and award the bid to Ryan Construction, Inc. Roll call vote was taken. Carried 5 - 0.
E. Administrator Melena stated there is more work to be done on the Development
Agreement and requested it be put on the October 6, 1998 Council Agenda. Council
member Robert suggested the language regarding landscaping be changed to agree to
compl with cit guidelines. Regarding lighting, Council members Baudet and Robert
are meeting with the light contractor to ensure compliance with the lighting ordinance..
Council member Baudet suggested changing the language to set boundaries before
grading and recommended taking over the ponds after development is finished. Barb
Barr with Presbyterian Homes stated she would like to work with staff to get the
Development Agreement finished before the next Cit Council meeting.
Break from 8.45 to 8.5
VI. New Business:
A Planning Commission recommendations:
•
1. Stillwater Area High School Greenhouse - Council member Robert stated there was
some concern regarding lighting the greenhouse at night with grow lights.
Glenn Boetcher of Stillwater Area Schools stated that this greenhouse was for
l educational purposes, not production purposes therefore, there would be no use of grow
ights. Council member Baudet, seconded b Turnquist moved to grant the conditional
use permit to Stillwater Area Schools. Carried 5 - 0.
2. Fence Variance for Oak Park Heights Cit Hall - Administrator Melena requested
a variance for constructing a 10' screening fence on the north side of Cit Hall.
Council member Baudet, seconded b Turnquist moved to grant the fence variance to
the Cit of Oak Park Heights. Carried 5 - 0.
3. Kern Center rezoning from 0 - Open Space to B/W - Business/Warehouse - Ra
Kenned business owner, expressed concern about fitting into the new zoning.
Joe Kohout, Xanadu Golf, requested to have this matter tabled to allow for additional
discussion. Council member Swenson, seconded b Turnquist moved to table this
matter for four weeks. Carried 5 - 0.
4. Lower Oak Park Heights rezoning from R -2, Low and Medium Densit to 0 -
Open Space - The Planning Commission recommended rezoning the portion of Oak
e onion o Lower Oa
Park Heights where homes were removed b MnDOT for the bridge, from R -2 to 0 -
• Cit y Council Minutes - 09/22/98 - 5
Open Space in order to give the Cit more control over the property. Council member
Turnquist, seconded b Swenson moved to grant the rezoning of this area.
Carried 5 - O.
VII. Old Business:
A. Receive water su 1 and distribution lan and ado t relimina lan. Administrator Melena
requested that Council adopt the preliminar plan. Council member Robert, seconded
b Swenson, moved to accept the water suppl and distribution plan. Carried. Council member
Swenson, seconded by Mayor Schaaf moved to accept the Water Use Resolution 98-09 -
Roll call vote was taken. Carried 5 - 0.
B. A rove for Powers Agreement for Cable Commission - Council member Turnquist reported
no feedback from Bayport /Stillwater at this time. Council member Turnquist moved,
seconded by Baudet to defer this matter to the next meeting to allow for those cities to respond
to the JPA. Carried.
C. Burger King Re�sio - Administrator Melena stated the staff cannot change the development
agreement to provide for revisions. Those had been submitted to the Planning
Commission for review, yet Council must then approve an amendments to the Development
l Agreement. Council member Swenson moved, seconded b Baudet to approve these minor
ayout revisions to Burger King. Carried.
D. A..roval of solid waste contract specifications and auth orizin • for . ro . osal - Administrator
Melena presented this contract to Counc
•
member Robert suggested clarification for townhomes allowing review and changes. Council
part of the contract units with g for units with four or less to be
more than eight are to be considered commercial and therefore,
not part of the contract. Units between four and eight have the choice of whether or not to tie
into the contract. Council member Turnquist, seconded b Swenson moved to adopt the
contract proposal. Carried.
E. Purchase of Palmer properh, - A Purchase Agreement has been signed b the owners of the
property. Attorne Vierling recommended accepting the Purchase Agreement.
b Administrator Melena suggested putting together plans and specifications for removal of the
uildings. Council member Robert, seconded b Baudet moved to accept the Purchase
Agreement for the Palmer property. Carried.
F. Bridge - Mayor Schaaf reported that Council met with Mr. Braun in a special meeting on
September 12, 1998. Final recommendations on September 28, 1998 from
9:00 a.m. to 12:00 p.m. at the Washington Count Historical Courthouse.
•
City Council Minutes - 09/22/98 - 6
ID d
A'ournment:
�
Council member Swenson, seconded by Council member Robert, moved to adjourn at 9:45
p.m. Carried.
Respectfully submitted,
A i a- )20doiLieuteA-
Lisa Scbleusner
Administrative Secretary /Deputy Clerk
•
4110
CITY OF OAK PARK HEIGHTS
• CITY COUNCIL MEETING MINUTES, TUESDAY, SEPTEMBER 8, 1998
7:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:03 p.m. by Mayor Schaaf.
present: City Administrator Melena,
Turnquist. Staff
Present: Councilmembers Beaudet, Robert, Swenson, q P
Attorney Vierling, City Planner Richards, City Engineer Anderlik, Administrative Assistant Mesko. Absent:
None.
I. Call to Order /Approval of Agenda: Councilmember Beaudet requested that Item A of New
Business, Resolution adopting proposed 1999 budget and tax levy, be amended to allow for discussion on both
the budget and the levy prior to voting. Councilmember Beaudet, seconded by Swenson, moved to approve
the agenda as amended. Carried 5 -0.
II. Department /Council Liaison Report:
A. Parks: Councilmember Robert said that the Garden Committee will be conducting its fall plant
sale on Saturday, September 12 at Cover Park from 9:00 a.m. to 12:00 noon. The next Parks
Commission meeting will be Monday, September 21 at 6:30 p.m.
B. Cable: Council member Turnquist reported that the Cable Commission will hold a workshop
on Wednesday September 9, 1998.
• C. Water Management Organizations: Council member Beaudet reported that the next Middle
St. Croix Water Management Organization meeting will be on Thursday, September 10 at
7:00 p.m. at Bayport City Hall.
D. Recycling: Administrative Assistant Mesko awarded a $25.00 check to Dennis and Merri Ann
Weaver of 14373 Upper 56th Street North for participating in the City's recycling program
on Thursday, September 3, 1998.
E. Bridge Report: Administrator Melena reported that the Advisory Board will meet on
September 9, 1998, 9 :00 a.m. to 12:00 p.m., at the St. Croix County Building in Hudson,
WI; September 12 from 9:00 a.m. to 12:00 noon at the Washington County Government
Center; and September 19 from 1:00 - 2:30 p.m. at the Wisconsin Indianhead Technical
College.
F. Planning Commission: Chair Hedlund said that the Planning Commission is requesting
feedback on the design guidelines. The Planning Commission also approved the Kern Center
rezoning, the Stillwater Area High School's request for a greenhouse, and the City of Oak Park
Heights' request for a fence variance. The Commission also continued discussion on the City's
Comprehensive Plan.
•
City Council Minutes - 09/08/98 - 2
• G. Council Committee Updates:
Mayor Schaaf reported that he has met with several committees on issues ranging from the
Metropolitan Council to funding mechanisms for transportation issues.
Council member Turnquist reported that the Association of Metropolitan Municipalities
Housing and Economic Development Committee has met and been able to consolidate many
of the issues it has faced. Turnquist also stated that he attended the Brown's Creek WMO
meeting on Monday, September 7.
Council member Robert reported that the Association of Metropolitan Municipalities Revenue
on finding revenue sources and changes so that Oak Park
Committee continues to work fi d' g g
Heights does not continue to be an overall state - funding loser.
* Administrator Melena reported that the Oak Park Heights Business Association will be meeting
on Wednesday, September 16 at 7:30 a.m. at Joseph's Restaurant.
III. Visitors:
There were no visitors.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - August 25, 1998 *
C. Approve resolution officially recognizing the week of September 17 -23 as Constitution
Week
Council member Turnquist, seconded by Robert, moved to pull Item B, Approve City Council
Minutes - August 11, 1998. Carried 5 -
Council member Turnquist, seconded by Robert moved to approve the Consent Agenda minus
Item B. Roll call vote was taken. Carried 5 - 0.
B. Approve City Council Minutes - August 25, 1998
Councilmember Turnquist clarified that the Cable Commission met on Wednesday, August
19. Councilmember Robert clarified the name of a visitor as Joy Linder.
Council member Robert, seconded by Turnquist, moved to approve the City Council Minutes
of August 25, 1998 as amended. Carried 5 -0.
V. Public Hearings:
None
•
City Council Minutes - 09/08/98 - 3
New Business:
A Resolution adopting proposed 1999 budget and tax levy
$2,205,215 Budget
Councilmember Robert said that she had some concerns about certifying the budget at $2,205,215
for 1999 and ld like larger contingency of e assumptions made regarding the
wou e a ar er contin enc in case some o th p g g
budget are not fully accurate. Councilmember Turnquist noted that an additional $50,000 had been
added to the budget; an increase of $25,000 in the levy and another $25,000 in the budget itself has
been shifted to a contingency fund.
Councilmember Beaudet said that he was also concerned about many of the assumptions in the 1999
budget. He felt that the 11/2% % administrative fee on engineering fees is inappropriate. Beaudet also
said that he felt that the philosophical change of charging fees was not needed as well. He said that
property taxes in Oak Park Heights are predominately paid for by Commercial/Industrial properties.
The commercial/industrial properties paid 82% of the taxes levies in 1997, 77% of the taxes levied
in 1998. Beaudet also said that he did not agree with lowering taxes without a final proposal on what
the new fees on water, sewer, and garbage are going to be. Public hearings should be set and new fees
set for water, sewer, and garbage finalized. With the full impact of these fees, the levy could be adjusted
in December.
• Councilmember Robert moved to increase the 1999 budget $25,000, from $2,205,215 to
$2,230,215 to allow time for further information regarding some of the assumptions in the budget,
including the solid waste contract.. Councilmember Swenson said that he felt comfortable with the
proposed budget with its $50,000 contingency. Councilmember Turnquist
as t
rnquist with then added that budgets
The
a always built on some assumptions, and that he also
motion died for lack of a second.
$1,325,000 Property Tax Levy
Ma Schaaf said that with increased development, and therefore higher development fees, as well as
increased valuations, the residential taxpa would be somewhat protected from the properly tax shifts
b lowering the property tax levy to $1,325,000. Schaaf then said that with usage fees, people are free
to choose their level of use and can reduce that level the do not have that same choice with property
taxes.
ina lev Turnquist, seconded by Swenson, moved to certif th e preliminary tax lvY at
$1,325,000. Councilmember Beaudet, seconded b Ma Schaaf, moved to offer an amendment to
the motion to certify to the maximum levy limit of $1,545,787, with his intent to reduce the proposed
fees being charged. Defeated 4 -1; Mayor Schaaf and Councilmembers Robert, Swenson, and
Turnquist voting against. Vote was taken on Councilmember Turnquist's motion. Carried 4 -1;
Councilmember Beaudet voting against.
•
City Council Minutes - 09/08/98 - 4
B. Association of Metropolitan Municipalities (AMM) 1998 Metro Regional Meeting - Thursday,
September 24, 1998 - 2:30 - 9:00 p.m. at Sheraton Metrodome Hotel
Mayor Schaaf and Councilmembers Robert and Turnquist to attend.
C. Cable Commission Request - Benefit Insurance
Councilmember Turnquist said that because insurance can be very expensive for small groups,
he was requesting that the Cable Commission members be able to join in on the City of Oak
Park Heights' insurance program, with the Cable Commission pa all related costs.
Turnquist also requested authorization to use the Cit personnel consultants to assist in the
drafting of job descriptions for the Cable Commission, with the commission pa all related
costs.
Staff was directed to draft an insurance proposal for the Cable Commission. The Cable
Commission was given authorization to meeting with Cit consultants to draft job descriptions.
VII. Old Business:
• A. Request for a kennel permit from Shari Innes, 15191 North 64th Street
Council discussed and reviewed the Police Chief's report and recommendations regarding this
request. Councilmember Robert, seconded by Swenson, moved to approve th e kennel p ermit
with the following conditions: 1) the amount of dogs is limited to five, should any of the dogs
leave the residence, there shall not be replacement dogs allowed; 2) an other noise complaints
which are verified b the Oak Park Heights Police Department is grounds termination of the
permit, with all dogs ordered removed. Carried 5 - 0.
B. Request for a kennel permit from Deanne Crosby, 13733 North 60th Street
Council again discussed the request and reviewed the Police Chief's report and recommendation
regarding this kennel permit. Mayor Schaaf, seconded by Beaudet, moved to approved the
permit with the following conditions: 1) should any dog leave the residence, there shall not be
replacement dogs allowed, 2) dogs must be contained an d restrained at all times within a dog
run, on a controlled leash, or in a fenced y ard; any violation shall be grounds for all dogs to be
ordered removed. Carried 5 - 0.
Ms. Innes came before the Council to clarify some of the
at 8:06 for brought to the
recess. in Chief Swanson's report. Mayor Schaaf add
• Council reconvened at 8:10 and thanked Ms. Innes for her input.
City Council Minutes - 09/08/98 - 5
C. Cable Commission Joint Powers Agreement
Councilmember Turnquist said that much of the information in the proposed agreement is
standard language, although there are a few specific items which pertain to the cities involved
in this agreement. There is a provision for automatic position vacation should a member miss
four meetings in a twelve month period. There is also a re for two signatures on
checks issued by the Cable Commission. Council also requested that the Commission move
to the same budget adoption schedule as the communities to keep this issue consistent..
Council tabled this issue until the September 22 Council meeting to receive feedback from
Ba and Stillwater.
VIII. Adjournment:
Council member Turnquist, seconded by Swenson, moved to adjourn at 8:37 p.m. Carried 5 -0.
Respectfully submitted,
•
• Melanie Mesko
Administrative Assistant
CITY OF OAK PARK HEIGHTS
• CITY COUNCIL MEETING MINUTES, TUESDAY, AUGUST 25, 1998
7:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:04 p.m. by
Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson, Turnquist. Staff
present: City Administrator Melena, Attorney Vierling, City Planner Richards, City
Engineer Anderlik, Administrative Assistant Mesko, Administrative Secretary Penning.
Absent: None.
I• Call to Order /Approval of Agenda: Councilmember Beaudet recommended
the following addition to the agenda:
(VI -F) September 1st Budget Meeting
Councilmember Beaudet, seconded by Swenson, moved to approve the agenda as
amended. Carried 5 -0.
II. Department /Council Liaison Report:
A. Parks: Councilmember Robert, seconded by Beaudet, moved to approve
the purchase of two pieces of playground equipment, a Tot's Choice Twister
Slide and play panels (approx. $2,166.21) and a two seat toddler swing set
• ( approx. $635.81), for Brekke Park from Miracle Recreation of Minnesota,
Inc. Total costs would not exceed $3,000. The funding would come from
the $2,000 donation from Mr. Brekke and $1,000 from the Council
Contingency Fund. Carried 5 -0.
Robert also reported that the Garden Club would plant the garden at City
Hall on Saturday, August 29, 1998, and the Fall Perennial Garden Sale
would be Saturday, September 12, 1998, at Cover Park.
B. Cable: Council member Turnquist reported that the Cable Commission held
a workshop on Wednesday August 19, 1998
C. Water Management Organizations: Council member Beaudet reported that
the Valley Branch Watershed District re- appointed the same five members.
Beaudet said he would like to see the City submit a nominee for
consideration next year.
D. Recycling: Administrative Assistant Mesko awarded a $25.00 check to Ms.
Rita Sassor, 14883 57th Street North, for participating in the City's recycling
program on Thursday, August 20, 1998.
E. Bridge Report: Administrator Melena reported that the Advisory Board
• would meet on September 9, 1998, 9:00 a.m. to 12:00 p.m., at the St. Croix
IP City Council Minutes - 08/25/98 - 2
County Building in Hudson, WI. Mayor Schaaf reported that there may be a
preliminary proposal presented at this time.
F. Planning C omm i ssion Planner Richards reported the next meeting will be
September 3, 1998, at 7:00 p.m.
G. Council Committee Updates
Council member Beaudet reported that he would like suggestions from the
City concerning the rewriting of the law as it relates to surveying by
September 15, 1998, for the Minnesota Association of County Surveyors and
Minnesota Society of Professional Surveyors.
Council member Turnquist reported that the Association of Metropolitan
Municipalities Housing and Economic Development Committee is
researching business loss and unemployment in the State. Turnquist also
stated that he is on the Planning Committee for the League of Minnesota
Cities Conference in 1999.
Council member Robert reported that the Association of Metropolitan
Municipalities Revenue Committee is working with revenue issues and local
government aid.
• III. Vi itors•
Lynae Byrne yrne announced that she had filed as a candidate for one of
the two City Council member positions which would be open at the General
Election on November 3, 1998.
IV. Conse A en da•
A. Approve Bills & Investments
B. Approve City Council Minutes - August 11, 1998 *
C. Authorization for interfund transfers
D. Resolution 98- 08 -49, electing to continue participation in the Local
Housing Incentives Account Program Under the Metropolitan Livable
Communities Act
E. Authorization for Council members to attend the NLC Conference in
Kansas City, Missouri.
F. Authorization for change order for Police Department modifications
G. Changing the October Council meeting dates
Council member Turnquist pulled item E, Authorization for Council members to
attend the NLC Conference in Kansas City, Missouri.
Council member Turnquist pulled item B, Approve City Council Minutes -
August 11, 1998.
• Council member Swenson moved to approve the Consent Agenda as presented. Roll
call vote was taken. Carried 5 -0.
*(B) Approve City Council Minutes - August 11, 1998, from the Consent
Agenda: Council member Turnquist stated page 5, item V -A (Public Hearing:
City Hall access to Oakgreen Avenue and traffic analysis) vote should read
Carried 4 -81. Swenson opposed.
Council member Beaudet, seconded by Turnquist, moved to approve the City
Council Minutes - August 11, 1998, as amended. Carried 5 -0.
V. Public Hearings: None VI. New Business:
A. Schedule 1998 Truth in Taxation Dates for 1999 budget
Council member Turnquist, seconded by Swenson, moved to schedule the initial City
"Truth -in- Taxation" meeting dates for Tuesday, December 8, 1998, with a possible
continuation date of Tuesday, December 15, 1998. Carried 5 -0.
Council member Turnquist, seconded by Swenson, moved to schedule the final Budget
Hearing and adoption date for September 8, 1998.
.4111 Carried 5 -0.
Administrator Melena reviewed the Executive Summary. Melena stated that copies of
the Executive Summary would be available at the City Hall for the public. Melena
further stated the full Preliminary Budget would be available for the public to view at
City Hall and that the Budget, once adopted, would be available for viewing at City Hall
and other public facilities (i.e. library).
B. Systems charge for west end annexation
Council received revised memo on systems charge for west end annexation.
Administrator Melena stated that the total costs of the annexation were approximately
$45,000 and there was approximately 300 acres involved. Therefore, staff
recommendation was that the systems charge for the west end annexation would be
$150 per acre.
Council member Robert, seconded by Beaudet, moved to approve the $150 per acre
systems charge. Carried 5 -0.
C. Kennel Permit request for Deanne Crosby, 13733 60th Street North
Joy Linder, Pond View Condominiums, stated that her dog was attacked by Ms.
City Council Minutes - 08/25/98 - 3
Crosby's three dogs approximately one month ago. Ms. Linder would like to see Ms.
Crosby's dogs physically restrained.
City Council Minutes - 08/25/98 - 4
•
Attorney Vierling stated that Council could attach conditions to Kennel Permits.
Council member Turnquist, seconded by Swenson, moved to table permit request until
September 8, 1998, Council Meeting so that Council could receive a report from the
Police Department and Ms. Crosby could have an opportunity to appear before the
Council. Carried 5 -0.
Council member Swenson stated that in cases where Kennel Permits had been applied
for and where the Police Department has been involved, Council should receive the
documentation.
D. Kennel Permit request for Shari Innes, 15191 North 64th Street
Council member Robert, seconded by Beaudet, moved to table permit request until
September 8, 1998, Council Meeting. Carried 5 -0.
E. Discussion regarding allowing developers to construct public streets to City
specifications and turn them over to the City.
Administrator Melena reported that Valley Senior Services Alliance had requested
exception to City Policy on the construction of streets. Melena stated that VSSA now
did not want to use special assessments and would use their own funding to build the
parkway through Phase I. Melena stated that if the City allowed the project to proceed
under someone else's control, the City Engineers would have to review and approve all
documents for bid and the City Engineer would have the right and authority to make
modifications on inspection or corrections as necessary. This would mean double costs
and the developers would incur increased costs.
Council member Beaudet stated that part of the project was in a watershed and would
need to go to the Water Management Organization. The next WMO meeting would be
September 9, 1998.
Council member Turnquist pointed out that if the Council makes an exception to City
Policy this time there would be other developers requesting the same exception
Attorney Vierling stated that Oxboro was designed and constructed as a private street,
and there were problems with lines which were dug up and redone.
Barbara Barry, Valley Senior Services Alliance, stated that there were two stages of the
general plan of approval. First, would be the site grading and road construction; second,
building construction in November. Barry said the City could hold building permits if
roads were not satisfactory. Barry further stated that their engineering plans would be
City Council Minutes - 08/25/98 - 5
• ready to submit at the end of this week and that they did not have a clear understand of
the City's Policy.
Melena stated that earlier this month there was a meeting with VSSA and City Staff,
Building Inspector, Engineer, Planner, to review procedures. At this time, VSSA said
that there might be certain things that they might not want under special assessments.
Melena had requested clarification from City Attorney and now brings this matter
before the City Council.
Discussion ensued as to the options available to the Council. Melena recommended that
if the Council wanted to compromise, the plans and specification the VSSA engineers
had could be turned over to City Engineers. City Engineers would finalize all
engineering and inspections. VSSA could provide private placement of construction
work as long as it met criteria of City engineers. This would reduce time delay that
would occur with the normal bidding and awarding processes. Engineer Anderlik said
that the only plans he has seen have been conceptual.
Attorney Vierling stated that the City has a liability responsibility to the community and
have always required developers to place financial security with the City (i.e. a letter of
credit or cash deposit). Without cash in hand, the City would not have control of the
project. Vierling said this was usually a part of the development agreement.
• Council member Swenson moved to stay with current City Policy as it relates to
development and street specification.
Vierling said there were one or two real- estate closings that were critical to this
transaction, and at this time, City Engineers do not have anything from the VSSA
engineering firm. Therefore, it would not cause much delay to continue this in two
weeks. Barry reiterated that there was a time concern on the part of VSSA.
Council member Turnquist, seconded by Swenson, moved to stay with the City Policy
at this time. Carried 5 -0.
Melena stated that the Haase family had requested that certain property be named after
their father and their family. Melena recommended the parkway and/or the park shelter.
Council member Robert stated that park shelters were named for people who made
donations to the City.
David Beaudet, seconded by Turnquist, moved to name the new parkway Haase
Parkway. Carried 5 -0.
F. September 1st Budget Meeting
Council member Beaudet, seconded by Swenson, moved to set a Budget Workshop for
Tuesday, September 1, 1998, at 4:30 p.m. Carried 5 -0.
•
VII. Old Business:
41 A. Authorization for studies regarding NSP Fly Ash City Council Minutes - 08/25/98 - 6
Council member Beaudet, seconded by Robert, moved to direct staff to proceed
with contracting Northern Environmental for a ground water study to provide
background information for future fly ash ordnance(s) and to approve $400, in
addition to the contract services, for assistance with legal terminology if/when
ordnance(s) are developed. Carried 5 -0.
B. Discussion of a per diem policy for City Commissioners
Mayor Schaaf, seconded by Beaudet, moved to pass a Resolution to provide a
$25 per diem for Park Commission and Planning Commission members for
attending regularly scheduled meetings beginning January 1, 1999. Roll call
vote was taken. Carried 4 -1. Turnquist opposed.
C. City Hall parking lot design
Administrator Melena reviewed three proposed plans (1, 1A, & 2) for the new
• City Hall parking lot. Plan 1 provided a one -way entrance only on the east side
of the parking lot using the current entrance and a two -way entrance /exit to the
west; plan lA positioned the east entrance further south allowing for a no-
through parking area at the site of the current entrance; plan 2 provided the
same entrances and exit as plan 1 but allowed a larger green space center of the
parking lot.
Mayor Schaaf stated that if mature trees were planted in the green space of plan
2 that it would look more like a parking lot and through traffic would be
discouraged. Council member Turnquist said that plan 2 appeared to be the
easiest to alter /redesign at a future date.
Council member Robert requested that she would like to see the Garden Club
included in the planting of the new green space. Council member Beaudet
recommended landscaping like the arboretum for plant survival and aesthetic
appearance.
Council member Robert, seconded by Beaudet, moved to direct staff to begin
plans, bids, and specifications on plan 2, while attempting to tie the
construction of this project to the 58th Street project, and including a paved
trail from Oakgreen on the south side of 58th Street connecting to the existing
trail behind City Hall. Carried 5 -0
City Council Minutes - 08/25/98 - 7
D.
Administrator Melena reported that VSSA was still negotiation the purchase of
property at the east end. There is currently a twenty cent difference in the
requested selling price and offered purchase price. Melena said that the City
will continue to let VSSA negotiate this purchase.
E. 58th Street update Proposed detachment/attachment request
Melena stated that this item should not be on the Agenda and recommended it
be skipped. Council agreed.
F. Schedule public informational meetings to discuss upcoming solid waste
contract
Council member Turnquist, seconded by Beaudet, moved to set two Public
Meetings to discuss the upcoming solid waste contract: 1) Tuesday, September
1, 1998, at 6:00 p.m. and 2) Tuesday, September 8, 1998, at 6:00 p.m.
Administrator Melena stated that the Council has a Work Session scheduled for
Tuesday, September 15, 1998, and this is the Primary Election. Melena recommended
• rescheduling this meeting since the City Hall is used as a polling location.
Council member Beaudet, seconded by Turnquist, moved to delay the work session to
8:00 p.m. on Tuesday, September 15, 1998 (after the polls close). Carried 5 -0.
VIII. Adjournment:
Council member Turnquist, seconded by Beaudet, moved to adjourn at 9:24 p.m.
Carried 5 -0.
Respectfully submitted,
Peggy ennmg
Administrative Secretary/Deputy Clerk
11111 CITY OF OAK PARK HEIGHTS
C ITY COUNCIL MEETING MINUTES, TUESDAY, AUGUST 11, 1998
7:00 P.M. AGENDA
Call To Order /Approval of Agenda: The meeting was called to order at 7:02 p.m. by
Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson, Turnquist. Staff
present: City Administrator Melena, Attorney Snyder, City Planner Richards, City Engineer
Anderlik, Administrative Assistant Mesko, Administrative Secretary Penning. Absent: City
Attorney Vierling.
I. Call to Order /Approval of Agenda: Administrator Melena recommended the
following additions to the agenda:
(VI -C) Election Judges
(VII -E) Update on 58th Street Construction
Melena further recommended that Agenda Item V -A (City Hall access to
Oakgreen Avenue and traffic analysis) not begin until 8:15 because notices mailed
to residents indicated this time frame.
• Councilmember Swenson, seconded by Turnquist, moved to approve the agenda as
amended. Carried 5 -0.
II. Department /Council Liaison Reports:
A. Parks: Councilmember Robert reported the next meeting will be held on
Monday, August 17, 1998, at 6:30 p.m.
B. Cable: Councilmember Turnquist reported the next meeting will be
Wednesday, August 19, 1998. The Commission has received, and will be
reviewing, a proposal for funding. The Commission is also looking at job
descriptions to get set up for the new franchise
C. Water Management Organizations: Councilmember Beaudet reported the
next meeting would be Thursday, September 10, 1998, at Bayport City Hall,
7:00 p.m.
D. Recycling Award: Administrative Assistant Mesko awarded a $25.00
check to Mr. Julius Pauley, Jr., 5311 O'Brien Avenue North, for participating
in the City's recycling program on Thursday, August 6, 1998.
•
110 City Council Minutes 8/11/98 - 2
E. Bridge Report: Mayor Schaaf reported that Mr. Braun, facilitator, met
with the City prior to this Council meeting (5:00 to 7:00 p.m.). Schaaf said
Mr. Braun should have a recommendation to MN Dot by October 1, 1998.
Financing for this program, $300,000, was received from the Federal
Government (80 %) and the States of Wisconsin and Minnesota (10% each).
F. Planning Commission: Planner Richards reported the next meeting will be
August 20, 1998, at 7:00 p.m. and the following meeting will be September
3, 1998, at 7:00 p.m.
G. Legislative Committee Reports:
Association of Metropolitan Municipalities: Councilmember
Turnquist reported he is a member of the Housing and Economic
Development Committee which has been dealing with issues
concerning affordable housing. Turnquist also said he serves on the
County Workforce Center Council which works with welfare
recipients who are currently on a five -year timetable to get off of
• welfare. This Council is responsible for providing the training, jobs,
etc.
Association of Metropolitan Municipalities: Councilmember Robert
reported she is a member of the Revenue Committee and is concerned
about the shift in the economy for the last two consecutive years.
League of Minnesota Cities: Councilmember Beaudet reported he is
on the Improving Local Economies Committee. Beaudet reported
that the Minnesota Association of County Surveyors and the
Minnesota Society of Professional Surveyors are rewriting the law
relating to surveying. City Council members agreed to review the
current law at the next Council Worksession, Tuesday, August 18,
1998, and offer suggestions for Beaudet to take to the next
Committee meeting.
Association of Metropolitan Municipalities: Mayor Schaaf reported
that he is a member of both the Metropolitan Governance and
Transportation Committee.
• City Council Minutes 8/11/98 - 3
III. Visitors: None present
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - July 28, 1998 *
C. Authorization to purchase vehicle for the Police Department
D. Approve purchase of computer equipment
E. Approve resolution for emergency management funding request
Councilmember Turnquist pulled item B, Approve City Council Minutes - July 28,
1998.
Councilmember Turnquist, seconded by Swenson, moved to approve the Consent
Agenda as amended. Roll call vote was taken. Carried 5 -0
* (B) Approve City Council Minutes - July 28, 1998, from the Consent Agenda:
Councilmember Turnquist stated page 1, item II -C (Water Management
Organization report) was given by Beaudet.
Councilmember Robert requested page 6, item VII -A (Old Business - Report
• for computer analysis and staff recommendations) last line should read: The
estimated cost is about $12, 043.20 eaeh.
Councilmember Turnquist, seconded by Swenson, moved to approve the City
Council Minutes - July 28, 1998, as amended. Carried 5 -0.
V. Public Hearings
A. City Hall access to Oak green Avenue and traffic analysis
Glen Cook, Bonestroo, Rosene, Anderlik & Associates, reviewed the existing
traffic count study and the projected traffic count if 57th connects to
Oakgreen. The current traffic study indicated City Hall averaged 285
vehicles per day. Cook further stated that if the frontage road were to be
improved, people would use it instead of cutting through the neighborhood.
Larry Simonson, 14301 57th Street N., stated that 285 vehicles into City Hall
is not a reason to put in a street. Mayor Schaaf said that there are a number
of reasons for putting the street in. Mr. Simonson said he had heard three 1)
to allow traffic to City Hall; 2) to aleviate traffic on 53rd Street and 54th
Street; 3) aleviate traffic on the frontage road.
•
• City Council Minutes 8/11/98 - 4
Mr. Simonson further stated the assumptions the engineers gave did not take
into account change in the retail industry. Assumptions were not made if
frontage road is improved. Mr. Simonson suggested putting a road into City
Hall from Oakgreen but blocking it so there would be no through traffic and
revisit the issue later.
Jim McCullum, 14269 57th Street N., stated he was not in favor of any
change. However if there had to be a road added, he agreed with Mr.
Simonson to put a road from Oakgreen to the City Hall and block it off. Mr.
McCullum asked who would be assessed and Melena stated that the property
owners who have direct connection access to the road. That would be the
property to the north the south, and City Hall.
Phil Beck, 14153 54th Street, asked if the street to the mall was still being
considered for being closed off. Robert said all considerations were on the
table at this time.
Mike Dahlquist, 14150 54th Street, stated he would like to see the road go
through. If not a 2 -way street, build it for a 2 -way and put signage for 1 -way.
•
Jerry Ammerman, 57th Street, said he was not in favor of the proposed
Y p p
connection.
Mike Runk, 5525 O'Brien, said that the City Council has a lot of unanswered
questions to answer before making a decision.
Steve Porwoll, 14436 57th Street, said he was not in favor of this road.
Larry Simonson repeated that he was not in favor of this closing the mall
acess. Mr. Simonson said that 57th and Oldfield were the most heavily
traveled and because of placement of counting mechinism on Oldfield, the
residents who live on Oldfield were not counted.
Terry Curtis, 53rd Street, stated that the community is growing and this road
is a part of that growth. Ms. Curtis said she is in favor of the new road.
Doug Schoenborn, 5683 0' Brien, said there are too many unanswered
questions and he is against this road.
•
City Council Minutes 8/11/98 - 5
Renando Gonzales, Oakgreen Ave, said he is against this new road.
Councilmember Swenson, seconded by Beaudet, moved to close the Public
Hearing at 9:00 p.m. Carried 5 -0.
Engineer Anderlik stated it would be somewhat monitarily advantageous to
extend 57th to Oakgreen at the same time 58th Street was under construction.
Mayor Schaaf read a letter from Steve Casperson, 5421 Ojib Way N., who
was in favor of a new street. Schaaf also stated he has had a telephone call
from another resident against it.
Councilmember Robert said that if the Council does nothing, the traffic
counts will only continue to rise. Robert said she saw two options: 1) make
the road 1 -way and open it up later if necessary; 2) make the road 2 -way and
re- evaluate it in a year or two.
All Council Members agreed that City Hall should be connected to Oakgreen.
Anderlik said if the road was designed properly, alterations could be made in
• the future.
Councilmember Swenson, seconded by Turnquist, moved to build a road so
that traffic from Oakgreen returned to Oakgreen and traffic from 57th,
returned to 57th. Motion denied 2 -3. Robert/Schaaf/Beaudet opposed.
Councilmember Beaudet, seconded by Robert, moved to connect 57th Street
to Oakgreen making the connection from Oakgreen to City Hall 2-way, the
parking lot entrance at 57th and O'Brien area to City Hall would be 1 -way
(into the parking lot) and include traffic calming techniques. Carried 3 -2.
Swenson/Turnquist opposed.
Councilmember Beaudet, seconded by Schaaf, moved to direct staff to
coordinate the 57th Street project with the 58th Street project, to order plans
and specifications, start the special accessment hearing process for the three
adjoining properties, and begin the land acquisition process including Quick
Take, if necessary. Carried 4 -1. Swenson opposed.
B. Approve plans and specifications and authorize advertisement for bids for
the Kern Business Center Improvements of 1998.
411 Engineer Anderlik reviewed proposed plans. Part of the project includes
installing a 42" storm sewer pipe from existing pond in Kern Center, draining
westerly into the wetlands. The pipe currently in place is 18" in diameter and
• City Council Minutes 8/11/98 - 6
not large enough. Anderlik said that as long as the area is being disturbed,
engineers have suggested the pipe be installed. This area would be assigned
benefits at a later date with assessment hearings for the improvements.
Anderlik said that, with authorization to advertise for bids, the contract award
could be ready by the September 9, 1998, Council Meeting and work could
be complete by the end of the year.
Councilmember Swenson, seconded by Beaudet, moved to approve plans
and specifications and authorize advertisement for bids for the Kern Business
Center improvements. Carried 5 -0.
C. Public Hearing on ordinance regulating residential and commercial alarm
systems and imposing a system of fines for improper and unnecessary
emergency and medical responses to false alarms and malfunctions: Mayor
Schaaf opened the public hearing at 7:35 and Administrator Melena read the
Notice of the Public Hearing.
Attorney Snyder said that no citation would be issued for the first three false
alarms occurring within a twelve month period, calculated from the date of
the first such alarm. Each false alarm in excess of three and up to and
• including six within a twelve month period would result in a citation of $100
per false alarm. Each false alarm in excess of six within a twelve month
period would result in a citation fee of $200 per false alarm.
Councilmember Swenson, seconded by Beaudet, moved to close the public
hearing at 7:37. Carried 5 -0.
Councilmember Swenson, seconded by Turnquist, moved to adopt the
ordinance regulating residential and commercial alarm systems and imposing
a system of fines for improper and unnecessary emergency and medical
responses to false alarms and malfunction. Roll call vote was taken. Carried
5 -0.
Mayor Schaaf stated that this ordinance would increase Police and Fire
Department response time because emergency crews would be responding to
fewer false alarms and more real emergencies.
D. Public Hearing on establishment of Central Business District (continuation
from July 28, 1998, Council Meeting)
Planner Richards reported the Planning Commission recommended the
Central Business Zone and residential rezoning in the area from Norell to
Oakgreen/State Hwy 36 to 56th Street. Current residential would be listed
as conditional use not permitted use.
• City Council Minutes 8/11/98 - 7
Councilmember Turnquist, seconded by Swenson, moved to close the Public
Hearing at 7:41. Carried 5 -0.
Councilmember Robert, seconded by Beaudet, moved to adopt the ordinance
establishing a Central Business District. Roll call vote was taken. Carried
5 -0.
VI. New Business:
A. Schedule City Administrator's 6 -month review for August 18 Council
Work Session
Councilmember Turnquist, seconded by Swenson, moved to schedule the
City Administrator's 6 -month review for the Council Work Session on
August 18, 1998. Carried 5 -0.
B. Request for a Home Occupation Permit
Councilmember Swenson, seconded by Robert, moved to approve a Home
Occupation Permit for Susan Stauner- Roloff, 14196 53rd St. N. Carried 5 -0.
• C. Election Judges
Administrator Melena reported that Election Judges needed to be approved
by Council by August 21, 1998. Because more judges are needed, staff
requested a brief Council Meeting at the beginning of the Council Work
Session on August 18, 1998, to approve and appoint judges.
Councilmember Swenson, seconded by Turnquist, moved to set a Council
Meeting for August 18, 1998, 6:00 p.m. Carried 5 -0.
VII. Old Business:
A. Update on City development projects: Arby's, Super America, Burger
King, 58th Street
Administrator Melena reported that Arby's is under construction; Super
America has received the developer's agreement; and Burger King's
application for the permit has been received by the City. Staff is waiting on
the easement agreement between Hollywood Video and Burger King.
Discussion was held on the landscaping and the lighting of Oak Park Ponds
Shopping Center. Planner Richards stated the lighting situation is still being
negotiated.
• City Council Minutes 8/11/98 - 8
B. Oak Park Height/Baytown annexation acknowledgment
Administrator Melena noted that solid waste service should be in place for
the newly annexed area by September 1, 1998, and a welcome letter has been
sent to these residents.
Councilmember Turnquist, seconded by Swenson, moved to receive the
Order entered by the Minnesota Municipal Board on July 22, 1998 on the
Oak Park Heights /Baytown annexation. Carried 5 -0.
C. A -1 Maintenance update
Administrator Melena stated that A -1 is not in compliance with what the City
Council had approved. The Police have "red tagged" the area.
Planner Richards reported that Mr. Jon Nelson's attorney has been advised
that Mr. Nelson must reapply for a permit.
• Councilmember Swenson, seconded by Turnquist, moved to direct the City
Attorney to seek an injunction against A -1. Carried 5 -0.
D. Proposed detachment/attachment request
Councilmember Beaudet, seconded by Turnquist, moved to receive Petition
for Concurrent Detachment and Annexation from Mr. David Screaton.
Carried 5 -0.
E. 58th Street update
Administrator Melena reported that all right away property has been acquired
except for one, the Ritzer property.
• City Council Minutes 8/11/98 - 9
Councilmember Swenson, seconded by Schaaf, moved to begin the Quick
Take process. Roll call vote was taken. 5 -0.
IX. Adjournment:
Councilmember Swenson, seconded by Beaudet, moved to adjourn at 9:28 p.m.
Carried 5 -0.
Respectfully submitted,
Peggy Penning
Administrative Secretary/Deputy Clerk
CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING, TUESDAY, JULY 28, 1998
7:00 P.M. AGENDA
Call to order: The meeting was called to order at 7:04 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, Swenson, Turnquist. Staff present: City Administrator Melena,
City Attorney Vierling, City Planner Richards, City Engineer Anderlik, Administrative Assistant
Mesko, and Administrative Secretary Penning. Absent: None.
Call To Order /Approval of Agenda: Councilmember Swenson, seconded by Robert,
moved to extend the Economic Development Authority meeting 15 minutes and then
adjourn for a 5 minute recess before beginning the City Council meeting. Carried 5 -0.
Mayor Schaaf called meeting to order at 7:22 p.m. Administrator Melena recommended
the following amendment be made to the Council Agenda:
A. Old Business (VII -I): Fly Ash Update.
• Councilmember Swenson, seconded by Turnquist, moved to approve the agenda as
amended. Carried 5 -0.
II. Department /Council Liaison Reports:
A. Parks: Councilmember Robert reported that Daria Berger is a new member on the
Park Commission and that there is now a full complement to the commission.
Robert said the commission is now meeting on the third Monday of each month and
the next meeting will be held on Monday, August 17, 1998, at 6:30 p.m.
B. Cable: Councilmember Turnquist reported that the Cable Commission has not met
since the last Council Meeting. The commission is in receipt of correspondence
from the City of Stillwater stating they were not in agreement with suggestions for
reviewing the Joint Powers Agreement.
C. Water Management Organizations: Councilmember Beaudet reported that there
would be a workshop in August and the next meeting would be Thursday,
September 10, 1998, at Bayport City Hall, 7:00 p.m.
D. Recycling Award: Administrative Assistant Mesko awarded a $25.00 check to Mr.
David Carr, 14787 56th Street North for participating in the City's recycling
program on Thursday, July 9, 1998.
41111 E. Bridge Report: An advisory committee has been created. The next committee
meeting will be Tuesday, August 11, 1998, at the Washington County Courthouse.
The following two meetings will be Wednesday, September 9, 1998 at the St. Croix
County Courthouse and Monday, September 28, 1998 at the Washington County
Courthouse. Recommendation to MN Dot should be made by October 1, 1998.
City Council Minutes 7/28/98 - 2
F. Planning Commission: Planner Richards reported the Planning Commission had
four public hearings at the last meeting. The application by Valley Senior Services
Alliance and the Subdivision Ordinance revisions are on the upcoming agenda.
The CBD (Central Business District) zoning district will be on the August 11, 1998,
Council meeting agenda, and the commission will look at the lower Oak Park
Heights rezoning further. The next meeting will be Thursday, August 20, 1998,
7:00 p.m., at City Hall.
III. Visitors:
There were no visitors.
IV. Consent Agenda
A. Approve Bills & Investments
B. Approve Special City Council Minutes - July 7, 1998
C. Approve City Council Minutes - July 14, 1998*
D. Authorization to purchase new radar unit for patrol vehicle *
Councilmember Swenson pulled Item D, Authorization to purchase new radar unit for
patrol vehicle; Councilmember Beaudet pulled Item C, Approve City Council Minutes -
July 14, 1998.
• Councilmember Swenson, seconded by Beaudet, moved owed to approve the Consent Agenda as
amended. Roll call vote was taken. Carried 5 -0.
*(C) Approve City Council Minutes - July 14, 1998: Councilmember Beaudet stated he
wanted VIII Old Business, Item D in the minutes of July 14, 1998, to read: Beaudet
stated the MPCA Meeting will be held on July 28, 1998, at NSP the MPCA
Headquarters. No information has been provided at this time. There are a number
of issues unresolved such as surface and ground water rules to prevent water
pollution. - -
-- ; - - ; ; -
Councilmember Beaudet, seconded b y Robert, moved ; , . ; - -
, , - ; `; • - - -; ; .- , • - - to direct the
City Attorney to draft a letter to the MPCA reaffirming the City's previous position
with regard to contested case hearings status and request a public informational
hearing. Carried 5 -0.
Administrator Melena also stated that four spell check errors would be corrected.
Councilmember Beaudet, seconded by Swenson, moved to approve the July 14,
1998, minutes as amended. Carried 5 -0.
•
• City Council Minutes 7/28/98 - 3
*(D) Councilmember Swenson, seconded by Turnquist, moved to approve $2,730.00
from the Police Dept. Forfeiture Acct. to purchase a replacement Radar Unit and
authorize an additional $500.00 for a rear mount for the Radar Unit if it is not
included. Carried 5 -0.
V. Public Hearings
A. Public hearing to consider an application by Valley Senior Services Alliance for a
Planned Unit Development: Mayor Schaaf opened the Public Hearing at 7:41, and
Administrator Melena read the Notice of the Public Hearing.
Administrator Melena said that well needs are currently being analyzed and there is
a good possibility that a new well will be needed in the project area. The VSSA
was willing to work with the City on the building of a well shelter. Melena
recommended the rate plus 51% for special assessment financing and, in exchange,
work debit on the shelter.
Councilmember Turnquist, seconded by Swenson, moved to close the public
hearing at 7:47. Carried 5 -0.
• Because there are mature oak trees in the development area, Councilmember Robert
recommended that the Arborist work with developers in dealing with potential oak
wilt problems.
Attorney Vierling recommended that the entirety of 58th/Norell all the way to
Oakgreen be acquired by way of donation or otherwise secured before this project
goes forward. Administrator Melena stated that Council has authorized staff to
proceed once acquisition of property has been made. This acquisition is the only
thing that is delaying this project.
Councilmember Turnquist, seconded by Swenson, moved to approve the concept
plan as reported by Planner Richards and concept approval on the bonding process
with details to be negotiated. Carried 5 -0.
B. Public hearing on the Kern Business Center improvements of 1998: Mayor
Schaaf opened the Public Hearing at 7:52, and Administrator Melena read the
Notice of the Public Hearing.
Engineer Anderlik reviewed the pending assessments and charges for the Kern
Center. Melena stated that all property is assessed. Property owners have fifteen
years to pay. If property owners choose, they do not have to pay anything for the
• first six years. The interest rate has yet to be determined.
411 City Council Minutes 7/28/98 - 4
Anderlik reviewed how assessment charges were evolved. Anderlik stated that
several years ago when the City decided to extend utilities and services to the area
west of Oakgreen, there was an analysis done to determine the total costs of the
improvements that would be required and also the number of acres of land that
would be benefited with these improvements. The improvements included a
number of sewage pumping stations, elevated water tank, wells, and a storm sewer
system that would handle all the land as it developed west of Oakgreen. The cost
was divided by the number acres that would be served by those facilities. The City
ended up with a computed connection charge of so many dollars per acre from all
of those facilities. All of the developments which have occurred to this point have
paid these charges. Therefore, it is appropriate to extend these charges into the
Kern Center so that everyone in the area is charged the same amount of money per
acre for the trunk sanitary sewer, water works, and the trunk storm sewer facility.
That amount is $11,400 per acre. This is the connection charge that is in place
throughout the City. Anderlik added that credit is given for wetland because it is
unable to be developed.
Councilmember Turnquist, seconded by Swenson, move to close the Public
Hearing at 8:18 p.m. Carried 5 -0.
There was discussion as to the accuracy of land quantities used in calculating
connection charges. Anderlik stated he obtained his information from the county
and if there were discrepancies, property owners should get in touch with him.
Councilmember Swenson, seconded by Turnquist, moved to approve the Kern
Business Center improvement plans with bid date set at the August 11, 1998,
Council Meeting. Roll call vote was taken. Carried 5 -0.
C. Public hearing on high quantity user fees: Mayor Schaaf opened the public
hearing at 8:20 and Administrator Melena read the Notice of the Public Hearing to
discuss high quantity user fees.
Administrator Melena said staff reconunended a change in water charges to a multi -
tiered system to encourage water conservation by the City's largest users. The
current base rate structure establishes the minimum billing which is a combination
$3.90 for administrative fees, $1.30 state tax and $1.00 /1000 gallons used for the
first 15,000 gallons. Any use above 15,000 gallons continues to be billed at
$1.00 /1000 gallons. The minimum monthly charge is $19.20. A multi- tiered
system could continue to charge most residential users at the current rate while
increasing the per thousand gallons charges for water use above 50,000 and below
100,000 to 125% of the base rate, or $1.25/1000 gallons, and water use above
100,000 gallons to 150% of the base rate. Users with 100,000 gallons of
consumption would pay $12.50 more per quarter. Users with 1,000,000 gallons of
consumption would pay $462.50 more per quarter.
0 City Council Minutes 7/28/98 - 5
Councilmember Swenson, seconded by Turnquist, moved to change the water rates
beginning August 1, 1998, to a multi - tiered system with the base rate $19.20 for the
first 15,000 gallons; the 2nd tier would be $1.00 /1000 gallons for 16,000 to 50,000
gallons; the 3rd tier would be $1.25/1000 gallons for 51,000 to 100,000 gallons;
and the fourth tier would be $1.50 /1000 gallons for everything over 101,000. Roll
call vote was taken. Carried 5 -0.
Mayor Schaaf adjourned for a ten minute recess at 8:43
VI. New Business
A. Request for approval for personnel ordinance, job descriptions and comp. worth
analysis proposal.
Administrator Melena stated that an analysis by Labor Relations Associates, Inc.
recommended updating the personnel ordinance, job descriptions and comp. worth.
Melena said the approximate cost would be $5,000 to $8,000 which would come
from the General Fund - Administration Budget.
Councilmember Turnquist, seconded by Beaudet, moved to approve the analysis
proposal and begin creating job descriptions for all positions in the city, changing
II the job evaluation system, reviewing the current compensation system and
changing if necessary, and reviewing and revising the Personnel Ordinance.
Carried 5 -0.
B. Request for approval for 1998 election judge salaries.
Councilmember Beaudet, seconded by Robert, moved to approve 1998 election
judge salaries as follows: Chief Judges - $10.00/hour; Experienced Judges -
$8.00/hour; New Judges - $7.00/hour. Carried 5 -0.
C. Utility meter reading proposal
Administrator Melena stated that it currently cost more for the city employees to
read meters than it would cost to contract for this service. The City of Oak Park
Heights currently has approximately 1,000 residential units within the city. Of
those, 980 have remote utility meter readers. Melena said RMR Services, a remote
meter reading sales, installation, and service organization, would charge forty-eight
cents per read per time, which would be a cost of $470.40. Melena said there are an
additional 20 residential units where the readers are inside the house and are listed
as manual readers. Those would cost $1.50 each per read for a total of $30.00 per
read. The City also has 130 commercial meters. 30 are remote readers and word
III cost $2.00 each per read for a total of $60.00. The 100 manual reads would be
$2.00 each per read for an additional $200. Even though there may be some
modification in the future, the worse case scenario right now shows us a total cost
City Council Minutes 7/28/98 - 6
of $760 per reading period whether that is quarterly or monthly or semi - monthly, it
is totally up the City. On a quarterly basis, the cost to the City would be $3,040 per
year for this service. It currently cost the City approximately $3,000 per read for
Public Works' employees to read the meters or $12,000 per year.
Councilmember Swenson, seconded by Turnquist, moved to approve contract
services for utility meter reading. Carried 5 -0.
D. 1999 budget calendar
Councilmember Beaudet, seconded by Swenson, moved to set August 5, 11, 18,
and 25, 1998, as budget review work sessions with the sessions beginning at 6:00
p.m. Carried 5 -0.
E. Set a public hearing for August 11, 1998 Council meeting at 7:00 p.m. to review the
establishment of a false alarm ordinance
Councilmember Swenson, seconded by Beaudet, moved to set a public hearing for
August 11, 1998 Council meeting at 7:00 p.m. to review the establishment of a
false alarm ordinance. Carried 5 -0.
F. Watershed appointments
Councilmember Swenson, seconded by Schaaf, moved to appoint Councilmember
Turnquist to represent the City of Oak Park Heights at the Brown's Creek
Watershed District. Carried 5 -0.
G. Resolution 98- 07 -46: A Resolution Establishing Connection Fees for Connection to
Municipal Water Systems, Sanitary Sewer Systems, and Storm Sewer Systems.
Councilmember Turnquist, seconded by Robert, moved to approve Resolution 98-
07-46. Roll call vote was taken. Carried 5 -0.
VII. Old Business
A. Report for computer analysis and staff recommendations
Administrator Melena stated the first computer project should be the PC's; the
second stage is the wiring of City Hall as well as establishment of all the equipment
necessary for the local area network; the third part of this is the mainframe
computer. The mainframe will give a life of about 7 years before upgrades are
needed; The local area network will give a life of about 10 years; the PC'S will give
a life of about 3 -5 years. The various life spans of each of these stages will allow
for phase -in changes in the future when systems need to be replaced. Melena also
said the City needs 10 new PC's. The estimated cost is about $12,043.20 eat+,
City Council Minutes 7/28/98 - 7
based on actual pricing, and $21,022 is the total cost for the PC portion of the
network. Melena said the staff is currently waiting for advisement on the
System 36.
Melena recommended a budget for the PC's of approximately $20,000 and a budget
for the local area network of approximately $25,000. The budget for the System 36
replacement is being researched and a recommendation will be forthcoming.
Melena suggested the old PC's be placed at stations around the City where a basic
system would serve the needs of the users. Further recommendation was that City
employees and Councilmembers be given the capabilities to purchase, on their own,
computers off of this contract. This would give cost savings for quantity purchases.
Councilmember Robert stated that the computers purchased were only for in -house
staff and did not include any computers for Councilmembers.
There was discussion on the age of the current equipment. Melena said the newest
equipment is 2 generations out of date, with some of the equipment 1986 -87
vintage. Melena further stated the real problem is with the System 36. It has
become very difficult to find people to repair this system because it is so out of
date. The Y2K (year 2000) is also an issue with the System 36 because all financial
records and utilities are on this system and it is imperative that it is capable of
operating past 1999.
Councilmember Beaudet, seconded by Turnquist, moved to approve the report and
budget of $20,000 for the PC program and $25,000 for the local area network
program.
Carried 5 -0
B. Report for Community Development Director position and staff recommendations
Administrator Melena stated that between the Stanton Survey and League of
Minnesota Cities advertisements it is believed the union salaries the City has for
this position as a department head, $42,000 to $60,000, places the City in the
market for a qualified candidate. This position has been placed in the budget for
1999 and it is also budgeted for this year. Melena said that it is anticipated that it
would take at least 30 to 45 days, possibly 60 days, to fill the position.
There was discussion as to the need of a city the size of Oak Park Heights to have a
Community Development Director. Melena stated that normally he would say
there would not be a need, but with the massive development coming into the City
in the next 3 to 4 years, this city should have this capability.
• Councilmember Robert, seconded by Beaudet, moved to authorize staff to P roceed
with the search of a Community Development Director in the salary range of
$42,000 to $60,000. Carried 5 -0.
City Council Minutes 7/28/98 - 8
C. Joint public safety training facility update
Administrator Melena reported that the preliminary cost estimate of the Joint Public
Safety Training Facility is $8,889,600. Under the currently proposed price
breakdown, if this is paid for by capita and Oak Park Heights counts on a population
of 5,000, the City would be responsible for approximately $250,000 of the
construction costs. If this figure is financed over a ten year period at approximately
6% interest rate, the actual costs would be about $500,000 with interest. Over a ten
year period, the cost would be $50,000 per year. Additionally, there would be the
cost of operation. Although these figures are not yet available, if the operation
figures are half of the facility cost, the City's share would increase by $25,000 per
year. Melena said that one of the things to remember is that based on this current
information, the steering committee can now start trimming back on cost. At this
time the facility is planned with everything to be inside the building except the fire
tower. There would be no outdoor training.
There is a possibility that there will be state funds available. Although there are
currently seven communities, Washington County is considered a "community,"
involved with this steering committee, more communities could become involved
and further distribute the costs.
Melena questioned if a facility like this would be worth $50,000 to $75,000 per year
to the City. He also questioned if there would be a possibility of state or federal
funds to use the National Guard Army Reserve Armory.
Councilmember Robert stated that if the county and the communities are all part of
the Joint Powers Agreement and the cost of the facility is divided among the
population, the citizens would be paying twice for this facility -- once through local
taxes and again through county taxes, which she objected to.
There was additional discussion on (1) the need to reduce the costs and (2) to find a
way to fund the project that would be equitable for everyone.
Melena said that the goal to reach a decision, yes or no, is spring, 1999. If the
decision is to build this facility, it is anticipated the project will take approximately
one year.
D. 60th Street trail - direction from City Council
Councilmember Swenson, seconded by Beaudet, moved to approve proceeding with
the 60th Street trail this fall. Carried 5 -0.
9 9 - City Council Minutes 7/28/98
E. Memo from Arborist regarding 1998 budget for tree planting and removal
Arborist Widin reported that approximately $6,000 has been spent in 1998 on storm
clean-up for trees on public right -of -way, and $7,647 for prior expenditures for the
rotation pruning program and a tree removal. These expenditures leave
approximately $1,400 in the 1998 budget.
Administrator Melena stated that some of the costs from storm damage should be
recovered from state and federal disaster aid.
Widin requested direction on tree replacement and new tree plantings.
Administrator Melena recommended amending the budget, continue with the
current pruning efforts, and performing a partial replanting this year of only the
trees planted last year that had died. Councilmember Robert and Mayor Schaaf
opposed partial replanting this year.
Council directed Widen to write a letter to Autumn Ridge residents to let them know
that new tree planting would be next spring and to write an insert for the upcoming
newsletter
0 F. City Hall painting proposal
Administrative Assistant Mesko reported that bids for painting City Hall were
received and were reviewed by the architect. Recommendation is to approve
Kerschbaum Painting Service for a cost of $10,650. The painters can begin in one
to two weeks.
Councilmember Swenson, seconded by Beaudet, moved to approve the bid from
Kerschbaum Painting Service for a cost of $10,650. Carried 5 -0.
G. Notice of reconvening of public hearing for Central Business District at the
August 11, 1998 City Council meeting and Planning Commission amendments
Councilmember Turnquist, seconded by Beaudet, moved to reconvene the public
hearing for the Central Business District at the August 11, 1998 City Council
meeting and Planning Commission amendments. Carried 5 -0.
H. Subdivision Ordinance revisions: addition of Planning Commission
language and park dedication issues
Councilmember Turnquist, seconded by Swenson, moved to revise the Subdivision
Ordinance with the addition of the Planning Commission language and park
I l l dedication issues as presented. Carried 5 -0.
1110 10 - City Council Minutes 7/28/98
Fly ash update
Councilmember Beaudet reported that the MPCA granted NSP a permit to dump fly
ash today, Tuesday, July 28, 1998. Beaudet recommended City Council draft three
new ordinances pertaining to fly ash as it relates to Oak Park Heights.
Councilmember Beaudet moved to draft the following: 1) an ordinance regulating
the type of transportation required for transporting fly ash in Oak Park Heights; 2)
an ordinance requiring a permit for anyone using fly ash as a soil stabilizer; and 3)
an ordinance banning disposal of fly ash in well head protection areas. Beaudet
further moved to approve $500 from the Council Contengency Fund to pay attorney
fees to draft the the language for the ordinances.
Councilmember Turnquist requested delaying the motion until the subject could be
discussed at the next Council Work Session. Turnquist said he could not support
the motion until he knew what the long -term implications would be.
Beaudet withdrew the motion until after the worksession.
IX. Adjournment
Councilmember Swenson, seconded by Turnquist moved to adjourn at 10:02 p.m.
Carried 5 -0.
Respectfully submitted,
Peggy Perming
Administrative Secretary/Deputy Clerk
CITY OF OAK PARK HEIGHTS
110 CITY COUNCIL MEETING MINUTES, TUESDAY, JULY 14,1998
7:00 P.M. AGENDA
Call to order: The meeting was called to order at 7:00 p.m. by Councilmember Turnquist. Present:
Councilmembers Beaudet, Robert, Swenson. Staff Present: City Administrator Melena, City
Attorney Vierling, City Planner Richards, City Engineer Anderlik, Administrative Assistant Mesko,
and Administrative Secretary Penning. Arrived late: Mayor Schaaf. Absent: None.
I. Approval of Agenda:
Administrator Melena recommended the following additions to the Council Agenda:
A. Old Business (VIII B): Approval of plans and specs for 58th Street with
contingencies
B. Old Business (VIII C): Development Agreement with Super America
C. Old Business (VIII D): Fly Ash
Councilmember Swenson, seconded by Beaudet, moved to approve the agenda as amended.
Carried 5 -0.
Administrator Melena verified that Councilmembers received communication on 1) the TIF plan on
• the St. Croix Mall; 2) Notification that the "Island" property is in the City of Oak Park Heights
effective July 10, 1998; 3) notification of visiting hours and services for Public Works employee
Rollie Staberg's mother.
II. Department /Council Liaison Reports
A. Parks: Councilmember Robert presented Service Awards to Paul Plaster (1990 -1998)
and Mike Dahlquist (1991 -98) for their dedication and service to the Park
Commission.
Robert, seconded by Swenson, moved to approve Daria Berger as a new
member of the Parks Commission. Carried 5 -0.
Robert stated the next meeting will be Tuesday, July 21, 1998, 6:30 p.m.
and commission members will be looking at the Presbyterian Homes' proposal for
the new city park behind WalMart as well as additional items.
B. Cable: Councilmember Turnquist reported the approval at the last meeting of the
extension of the current franchise until December 15, 1998. Turnquist stated
the commission would be running the studio and is now writing a business
plan.
•
2 -City Council Minutes 7/14/98
C. Water Management Organizations: Councilmember Beaudet reported the next
meeting will be Thursday, September 10, 1998, at Bayport City Hall - 7:00 p.m. and
Beaudet requested this be scheduled for the next Council Workshop. Several issues,
such as annexation plans for Stillwater and the affect on the Browns Creek watershed
as well as the updating of the management plan for watershed, will be discussed at
this meeting.
D. Recycling Award: Administrative Assistant Mesko awarded a $25.00 check to
Ms. Margaret Howalt, 15243 65th Street North for participating in the City's
recycling program on Thursday, July 9, 1998.
E. Oak Park Heights Business Association: Administrator Melena reported the next
meeting would be September 16, 1998, 7:30 a.m. at Joseph's.
F. Planning Commission: Administrator Melena stated that notices were sent to
property owners 500 feet from the rezoning area which is property acquired for the
St. Croix Bridge site in the lower Oak Park Heights.
III. Visitors:
• Paul Plaster, 5472 N. Stagecoach Tr., requested deferment of comments until
after the Economic Development Authority report.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - June 23, 1998
C. Approve replacement of ceiling tiles and base boards at City Hall
D. Approve Resolution 98- 07 -44, acknowledging receipt of preliminary report of Kern
Business Center improvements and calling for amended notice of public hearing on
the Kern Business Center improvements of 1998
Councilmember Beaudet, seconded by Swenson, moved to approve the consent Agenda.
Roll call vote was taken. Carried 5 -0.
Because the posted Public Hearing notices listed a 7:30 p. m. starting time and it was not yet
7.• p. m., Administrator Melena recommended moving ahead to New Business and open the public
hearings at 7:30. There were no objections.
•
3 -City Council Minutes 7/14/98
•
V. Public Hearings:
A. Public hearing to discuss request for a PUD Amendment to the Oak Park Ponds
Shopping Center for adjustment of a boundary line - Mayor Schaaf opened the Public
Hearing at 7:30, and Administrator Melena read the Notice of Request for Planning
and Urban Development Amendment.
Allen Kretman, HKS Associates, requested a boundary line adjustment of
approximately 10 feet between lots 4 and 5 (the bank and retail D portion) in Oak
Park Ponds Shopping Center to establish separate parcels and eliminate a building
code issue. There was no further discussion.
Councilmember Swenson, seconded by Turnquist, moved to close the Public Hearing
at 7:33 p.m. Carried 5 -0.
Councilmember Turnquist, seconded by Swenson, moved to grant the request for the
PUD Amendment to the Oak Park Ponds Shopping Center for boundary line
adjustment. Roll call was taken. Carried 5 -0.
Mr. Kretman requested clarification on "full cut -off' lighting. Administrator Melena
• suggested Mr. Kretman speak with the staff engineer, planner, as well as Melena
himself to define and clarify this technical matter.
B. Public hearing to discuss solid waste contract which expires at the end of 1998 -
Mayor Schaaf opened the Public Hearing at 7:38 p.m., and Administrator Melena
read the Notice of the Public Hearing to discuss the solid waste contract.
Administrator Melena stated that, by advice of the City Attorney, the solid waste
contract needed to be rebid. Melena also noted that the requirement of announcing a
change 180 prior to said change had been met. Based on that same process, we must
have a public hearing no less than 14 days from the 180 day notice we must have a
Public Hearing.
Joe Carufel, 14625 N. 57th Street, said the current residential service has been good.
Mr. Carufel stated that he likes having a sole vender, that it's nice to have everything
set out for pick up, and that everything, both garbage and recycle items, are removed
in the same day. He also requested a break/reduction on fees for residents who leave
the City for extended vacation, etc. Councilmember Swenson said Mr. Carufel had a
good point. Swenson stated that having all items removed curbside may prevent
residential dumping in commercial dumpsters throughout the City. Swenson said he
has noticed that in cities that do not remove everything curbside city and commercial
dumpsters are full.
•
4 -City Council Minutes 7/14/98
•
Donna Gray, 14812 N. 58th Street - 3D, Valley View North Condos, said she has
called US Waste three weeks in a row to get yard waste picked up and it still hasn't
• been picked up. Administrator Melena recommended that the next contract have the
alternative for the public of calling City Hall when assistance was needed for pickup
service.
Paul Rossel, BFI, recommended the City opt for Request for Proposal (RFP) on
residential and business should be left open to free enterprise.
Administrator Melena said staff would be recommending that neighborhood
meetings be held once specification have begun.
Councilmember Turnquist, Seconded by Swenson, moved to close the public hearing
at 7:46 p.m. Carried 5 -0.
Administrator Melena requested direction from City Council as to the type of solid
waste removal services they should seek. Except for white - items, recommendation
from staff is the same type of service for residential through townhouse level
including yard waste and recycle items. Apartment and businesses would be
• considered Public Business Contract and those individuals would handle their own
solid waste. Melena said further recommendation would be the contract would take
effect the first of 1999. Staff would also like to see a series of public meeting
authorized to discuss specifications. Melena said preliminary quotes have already
been received and look to be approximately one -half of current charges.
Recommendation from staff would be to pass the savings to tax payers as to reduce
taxes with fees and service levels would basically stay the same. Further
recommendation would be for a 5 year contract and to require in -state disposal
(Newport). Council directed staff to find out what works in other cities.
C. Set a public hearing for July 28, 1998, at 7:30 p.m. to consider an application by
Valley
Senior Services Alliance for a Planned Unit Development - Councilmember
Swenson, seconded by Robert, moved to set public hearing on July 28, 1998,
at 7:30 p.m. Carried 5 -0.
D. Set a public hearing on high quantity user fees - Councilmember Turnquist,
seconded by Beaudet, moved to set a public hearing on July 28, 1998, at 7:00 p.m.
Carried 5 -0.
5 -City Council Minutes 7/14/98
•
VI. New Business:
A. Request for authorization to do test drilling for a pedestrian bridge at Valley
View Park at a cost not to exceed $500.00
Councilmember Robert moved, seconded by Beaudet, to approve an expenditure of
$500.00 from the Council's Contingency Fund to hire Atlas Foundations of Rogers,
MN, to test drill in Valley View Park to assist in the development of a firm cost
estimate on building a pedestrian bridge across the wetland on the site of the old
Dixon Farm Road. Carried 5 -0.
B. Approve Resolution 98- 07 -45, changing the dates of certain City meeting dates
Councilmember Swenson, seconded by Turnquist, moved to approve Resolution 98-
07-45 to change the meeting day of the Park Commission from the third Tuesday of
each month to the third Monday of each month beginning August 1, 1998. Roll call
vote was taken. Carried 5 -0.
C. Resignation of Economic Development Consultant Mark Leiferman
• Councilmember Turnquist, seconded by Swenson, moved to accept the resignation of
Economic Development Consultant Mark Leiferman. Carried 5 -0.
D. Direction to staff to proceed with researching for a Community Development
Director position
Without objection, Mayor Schaaf directed staff to proceed researching for a new
Community Development Director.
Mayor Schaaf announced that it was 7:30 and Public Hearings would open.
E. Receive computer analysis /discuss next steps - Results from City computer
system analysis, recommendations, and time -line were received from Loren
Lovhaug, KMA Associates. Administrator Melena stated that after reviewing
analysis, recommendations, and time -line with staff and consultants, staff would
recommend adopting a slower process. Melena recommended 1)defining the top
three projects in writing; 2) addressing what the options are for system 36 (the main
frame) and getting it in writing; and 3) choose a mid -range pricing option. Melena
recommended with these minor modifications the report be accepted and discuss it at
the next council work session or Council Meeting with a detailed recommendation of
• which pieces of equipment to purchase and which areas to proceed.
6 -City Council Minutes 7/14/98
• Councilmember Swenson inquired about the equipment becoming outdated in a one -
year time frame. Mr. Lovhaug stated equipment would be "valid and useable with
current software for a minimum of 3 years." Servers and mid range host, where the
larger cost is incurred, will last longer. "In many cases 5+ years." Administrator
Melena stated that the current equipment is 6 to 8 years out of date.
Councilmember Robert stated the City should be 2000 year compliant by mid 1999.
Robert also said there has been too much productivity lost in recent months due to
equipment failure. Melena stated that the telephone system would be 2000 compliant
by the end of the month, plans are to have the water system 2000 compliant by the
end of 1998, and if steps are taken with the computer system, the system would also
be 2000 compliant by the end of 1998.
Councilmember Beaudet stated he wanted to make sure the water reading equipment
agreement was 2000 compliant. Melena said it was not covered but staff was
working on it and would have proposal by the end of July.
F. Discussion of professional fees - Administrator Melena stated many communities
have a system to have an up -front professional fee charge for a major project and/or
developers as they approach the City. Melena said staff recommendation would be to
put together certain financial and development packages for special assessment
• projects, tax increment financing projects, tax abatement projects, special service
district projects, annexation requests, and various staff financial analysis for projects
and/or proposals.
Councilmember Robert, seconded by Swenson, moved that the City Council adopt a
policy whereby if there is to be a detailed analysis of projects and /or proposals
concerning the type of development as outlined, the City staff be directed to charge a
$3,000 up -front fee for these types of projects. This fee would be a non - refundable
fee which would allow the City to recoup initial costs for project analysis. Any other
costs involved in these analysis would be expected to be born by the developer.
Carried 5 -0.
VII. Economic Development Authority
Councilmember Beaudet, seconded by Turnquist, moved to adjourn the regular
Council meeting at 7:57. Carried 5 -0.
EDA President Turnquist called EDA meeting to order at 7:57.
A. Report on purchase of property, invitation for neighborhood meeting - Administrator
Melena reported the "Bell" property was purchased by the EDA for $125,000
through Greystone Development. The closing date is July 24, 1998. Wavers were
.•
•
7 -City Council Minutes 7/14/98
S received from the purchaser to the EDA and the City so all relocation rights are
waived. Melena recommended setting a meeting with residents in the area once the
property has been closed to let them know what is happening and what the EDA/City
Council's intention is with the property.
Councilmember Robert, seconded by Schaaf, moved to set a meeting for the EDA on
July 28, 1998, at 6:00 p.m. with residents of Stagecoach Trail, all of lower Oak Park
Heights, the management of the prison, and the City of Bayport. Carried 5 -0.
Paul Plaster, 5472 N. Stagecoach Trail, requested information on plans for the
property the EDA is purchasing. Mr. Plaster asked if the long -term goal was to
rezone this area commercial. Councilmember Robert stated that it is possible the
property would be rezoned non - residential, but that it is difficult for business and
residential to coincide side -by -side. The current plan is to purchase the property and
work with residents to develop a plan that is compatible for all concerned.
Mr. Plaster stated that his understanding was that this property could possibly be
turned into a bus depot and asked if there would be public hearings on this.
Administrator Melena stated that only the developer knew the answer. By state law,
if the developer plans any type of public bus system it would have to go through a
public hearing process.
• Brian Smith, 5480 Stagecoach Trail, stated that if the EDA wanted the area to o
g
commercial or industrial it would be possible the neighbors in the area would want
the City to make them offers on their homes.
A resident recommended that the City not purchase the property and that the City
hold meetings with residents.
EDA member Swenson, seconded by Schaaf, moved to adjourn the meeting of the
Economic Development Authority at 8:23 p.m. Carried 5 -0.
Mayor Schaaf adjourned for a 5-minute recess at 8:23 p. m.
VIII. Old Business:
A. Traffic analysis - Administrator Melena stated that Sheldon Johnson, Bonestroo
Traffic Engineer, now has meters up and reading traffic at the approved thirteen sites
around the community. They are being put up and monitored on Tuesday,
Wednesday, and Thursday each week for another couple weeks. This item is set for
the agenda at the first Council Meeting in August.
•
8 -City Council Minutes 7/14/98
• B. 58th Street plans and specifications - Engineer Anderlik stated the plans and
specifications for 58th Street had been prepared following the alignment which has
been approved. Councilmember Turnquist, seconded by Robert, moved to accept
plans and accept bids if /when land is acquired. Carried 5 -0.
C. Super America - Council received final draft of Developer's Agreement from
Attorney Vierling. Councilmember Swenson, seconded by Beaudet, moved to
approve Developer's Agreement.. Carried 5 -0.
D. Fly Ash - Councilmember Beaudet stated the MPCA and NSP promised that they
would make a "good faith effort" to try and resolve all the outstanding issues before
the MPCA would grant NSP a permit for dumping fly ash. That does not now appear
to be the case. Beaudet stated the MPCA Meeting will be held on July 28, 1998, at
the MPCA Headquarters. No information has been provided at this time. There are a
number of issues unresolved such as surface and ground water rules to prevent water
pollution.
Councilmember Beaudet, seconded by Robert, moved to direct the City Attorney to
draft a letter to the MPCA reaffirming the City's previous position with regard to
contested case hearings status and request a public informational hearing.
Carried 5 -0.
• IX. Adjournment:
Councilmember Swenson, seconded by Turnquist, moved to adjourn at 9:26 p.m.
Carried 5 -0.
,ectfully submitted,
Peggy i ' e 1 ing 0
Administrative Secretary/Deputy Clerk
•
OAK PARK HEIGHTS
• CITY COUNCIL MINUTES, TUESDAY, JUNE 23, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:02 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator
Melena, City Attorney Vierling, City Planner Richards, City Engineer Anderlik, Administrative Intern
Mesko, and Administrative Secretary Penning. Absent: None.
Approval of Agenda:
Administrator Melena recommended the following additions to the Council Agenda:
A. Old Business: Communications on Solid Waste Contract
B) New Business: EDA Loan
C) Old Business: County Municipal State Aid Capital Improvement Program
Adjustment Communication
D) Old Business: Communication on the Bridge Legal Agreement
E) Consent Agenda: Bills & Investments - Communication on Seal Coating Bids
Attorney Vierling noted that A and B under Public Hearings were not Special Assessment
Public Hearings but Public Improvement Hearings.
• Councilmember Swenson, seconded by Beaudet, moved to approve pp e the agenda as amended.
Carried 5 -0.
II. Department/Council Liaison Reports:
A. Parks: Councilmember Robert reported the prairie restoration in Valley View Park
is coming along very well. The Washington County Sentence to Serve Program has
assisted in clearing and burning in Valley View Park. Planting should begin relatively
soon.
Robert said Parks Commission Chair Mike Dahlquist handed in his letter of
resignation effective July 1, 1998. The Park Commission is currently seeking a new
member.
B. Cable - Councilmember Turnquist reported the next meeting will be Wednesday, June
24, 1998. Turnquist also directed staff to call a meeting of the cities concerning the
Joint Powers agreement.
C. Water Management Organizations - Councilmember Beaudet reported the next
• meeting will be Thursday, July 9, 1998, at Bayport City Hall - 7:00 P.M.
Ill Page 2 - City Council Minutes 06/23/98
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to Ms.
Renee Montpetite, 14691 Upper 56th Street North for participating in the City's
recycling program on Thursday June 4, 1998.
E. Oak Park Heights Business Association - Administrative Intern Mesko reported there
will not be a meeting in July. The next meeting will be Wednesday, August 19th at
Joseph's Restaurant at 7:30 A.M. At that time, there will be another update on City
projects.
F. Planning Commission - Administrator Melena reported the Planning Commission held
a training meeting and preliminary meeting where officers were elected. The next
meeting will be Thursday, July 16th - 7:00 P.M. Planning Commission member
Chuck Hedlund was in attendance.
In reference to Department Reports, Administrator Melena also reported that the Safety Camp
in Bayport was very successful. Melena extended "thanks" to City Staff, Administrative
Intern Mesko, the Police Department, and everyone who assisted in the success of this
program.
III III Visitors
Carol Brekke -Olsen was not in attendance. Councilmember Robert announced the receipt of
a $2,000.00 donation for Brekke Park from Ms. Brekke - Olsen's father, Mr. Morris A. Brekke
of LaHabra Heights, California. Robert extended a special "thank you" to Ms. Brekke -Olsen
and to Mr. Brekke.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - June 9, 1998
C. Approve purchase of furniture for police squad room at a cost of $5,282.87
D. Approve purchase of emergency cogenerator
E. Approval of phone contract from US West
F. Resignation of Parks Commission Chair Mike Dahlquist effective July 1, 1998
G. Appointment of City Administrator as City representative to Coalition of Utility Cities
group
H. Approval of ceiling tile replacement at City Hall
Councilmember Turnquist, seconded by Beaudet, moved to approve the Consent Agenda.
Roll call vote was taken. Carried 5 -0.
1110
Page 3 - City Council Minutes 06/23/98
IP V. Public Hearings
A. Public Hearing for consideration of improvements of 58th Street North/Norell Avenue
to Oakgreen Avenue.
Mayor Schaaf opened the Public Hearing at 7:20, and Administrator Melena read the
Notice of Public Hearing on Improvements.
Engineer Anderlik said this was a proposal for the City to construct the balance of 58th
Street from Norell to Oakgreen. The total cost is estimated to be $995,000.00 which
includes several items: street improvement; a proposed pathway on the south side of
the road; a proposed water main on the north side of the roadway (extended from
Norell along the north side of 58th Street with future looping to the north along
Oakgreen Ave.); and storm sewers required to pick up drainage as well as storm
sewers for future development in the area. Sanitary sewer would not be installed at the
present time.
Engineer Anderlik stated the estimated assessment for property north of 58th Street
(commercial development property), is anticipated to be $8,100 per acre. For land
south of 58th Street (residential and assisted living), the estimated assessment is
• $6,000 per acre. These rates would recover the entire costs of the street improvements.
Dick Jorgenson, 5676 Oakgreen Avenue, Baytown Township, questioned why sanitary
sewers would not be installed during this construction. Engineer Anderlik stated that
sanitary sewers will go in as the area is developed.
Tim Nolde, 775 Green Twig Way, Stillwater, asked how areas to be assessed were
determined, and wondered why Wal -Mart was not also being assessed. Engineer
Anderlik said Wal -Mart was assessed when Norell Ave. became part of 58th Street,
as were the Kruger property, Autumn Ridge, the school, and others. The philosophy
here was to assess the area 1/4 mile on either side of the road where improvements
would be made.
Jorgenson stated he wanted water and sewer but had been told Washington County did
not have it planned for 5 years. Administrator Melena responded by saying
Washington County had scheduled the improvements for the third quarter, 2001.
Daryl Haase, 2768 Grenada Avenue North., Oakdale, asked if wetlands would be
involved. Engineer Anderlik said it is the City's policy not to include wetlands in the
assessable property.
Page 4 - City Council Minutes 06/23/98
• Nolde inquired if upgrades will alleviate ponding. Engineer Anderlik said ponding is
generally required in wetland areas.
Mr. Nolde also inquired as to what arrangements could be made for assessment
payment. Administrator Melena, addressing Mayor Schaaf, said recommendation
from staff is a 15 year special assessment.
Barb Barry, Valley Senior Services Alliance, stated that VSSA has an option on
property in the area of the improvements. VSSA is looking forward to the road
improvements. She further stated that it would be beneficial for 58th Street to be
completed this year.
Mr. Haase inquired if project will progress even if he doesn't want it. Attorney
Vierling stated that it is expected all the right of way land for the 58th Street project
be donated. If the City does not have this, the project cannot possibly go through.
Councilmember Turnquist, seconded by Swenson, moved to close the public hearing
at 7:42. Carried 5 -0.
• Councilmember Robert, seconded by Jerry Turnquist, moved to pass a resolution to
approve the project and direct the Engineer's office to prepare the plans to begin this
project. Roll call vote was taken. Carried 5 -0.
B. Public Hearing for consideration of improvements to Kerns Center
Administrator Melena read the notice and Mayor Schaaf opened the public hearing at
7:45.
Engineer Anderlik reported that the City is considering installation of public utilities
to serve Kern Center, the newly annexed land lying west of Hwy 5. Improvements
would consist of installing sanitary sewer, municipal water, restoration construction
of street, and storm sewer improvements. It is not proposed to install curb and gutter
or widen the street at this time. The total estimated cost of improvements is
$811,000.00.
The area proposed to be assessed for improvements is all that part of Section 6,
Township 29 North, Range 20 West, platted as Kerns Center and Kerns Center 2nd
Addition, including adjacent rights of way. Also including adjacent right of way of
55th Street North.
•
Page 5 - City Council Minutes 06/23/98
IP Anderlik said it is proposed that the sanitary sewer and water main be paid for by
assessing the abutting properties at the rate of $32.50 per foot for the sanitary sewer
and $26.90 per foot for the water main. In addition, each of the services will cost
approximately $3,500 and would be assigned to each lot. The street improvement,
restoration of street after it has been disturbed, is approximately $12.00 per foot. In
addition to those charges, the City would apply normal area connection charges to the
lots. Those charges are standard throughout the City: $2310.00 (Trunk Sanitary
Sewer); $4010.00 (Trunk Water); $4650.00 (Trunk Storm Sewer). Anderlik stated that
it was further suggested to the City that only the vacant land be assessed at this time
because existing buildings have individual, separate systems. Using the
aforementioned figures, the City would be able to immediately recover approximately
$639,000 of the $811,000. The City would need to pay the balance of that cost until
existing property owners with existing buildings need to or want to connect to the
system. They will then pay the same charges for service.
Century Power Equipment, 5920 Memorial Avenue: What is the estimated cost for
power equipment if home/building owners would like to convert? Anderlik was
directed to develop a table to give approximate conversion costs.
• There was discussion as to how long property owners can extend their assessment.
Administrator Melena stated that it should be handled on a case -by -case basis. Melena
said that staff would be recommending to the Council a 15 year special assessment
bond for all properties. However, the properties which currently have service would
be deferred.
Councilmember Swenson, seconded by Beaudet, moved to close the public hearing at
7:51. Carried 5 -0.
Councilmember Swenson, seconded by Turnquist, moved to pass a resolution to
approve the project and direct the Engineer's office to prepare the plans to begin this
project. Roll call vote was taken. Carried 5 -0.
Engineer Anderlik estimated the project would extend over a 2 -3 month period while
equipment for the lift station may take longer. The project could be completed late
fall, 1998. Anderlik further stated that access to the area would be maintained during
the construction. Administrator Melena suggested an on -site meeting to discuss the
project as well as periodic one -page newsletters to apprise affected property owners
of the schedule.
i
Page 6 - City Council Minutes 06/23/98
• C. Public Hearing to discuss the establishment of a Central Business District
Administrator Melena read the public hearing notice and Mayor Schaaf opened the
public hearing at 7:54. City Planner Richards said that at the July 16, 1998, Planning
Commission meeting, consideration will be given to the actual ordinance amendment
to add the Central Business District to the ordinance and will also look at the possible
rezoning of the area bordered by Hwy. 36 and the proposed 58th Street from Norell to
Oakgreen. City Planner Richards stated that at this time the Planning Commission was
seeking feedback not action. Administrator Melena noted that the Central Business
District is site specific zoning.
City Planner Richards stated that when the Kerns Center was annexed into the City,
it was zoned O -Open Space as a transition until it could be taken to an appropriate
zoning district. Richards believes the Planning Commission should also consider
rezoning this area at their next meeting.
Councilmember Turnquist, seconded by Swenson, move to continue the public hearing
until the August 11, 1998, Council Meeting. Carried 5 -0.
D. Set a public hearing for July 14, 1998, Council meeting to discuss request for a PUD
• Amendment to the Oak Park Ponds Shopping Center for adjustment of a boundary line
- Councilmember Beaudet, seconded by Turnquist, moved to set the public hearing for
July 14, 1998. Carried 5 -0.
VI. Economic Development Authority
Councilmember Swenson, seconded by Beaudet, moved to adjourn the regular Council
meeting at 8:13 P.M. Carried 5 -0.
EDA President Turnquist called EDA to order at 8:14.
A. Loan from the City of Oak Park Heights to the Economic Development Authority in
the amount of $250,000.
Administrator Melena explained the $250,000 at 8% interest would be start-up capital
for the E.D.A. Interest payments only would be paid for five years with a full balloon
at the end of the 5th year.
EDA President Turnquist, seconded by Beaudet, moved to borrow $250,000 at 8%
interest from the City Council if offered. Carried 5 -0.
•
Page 7 - City Council Minutes 06/23/98
• B. Possible purchase of land and building.
Administrator Melena stated the $250,000 borrowed, if offered, from the City Council
could be used to purchase the "Junker House" at 5416 Stagecoach Road for a purchase
price of $125,000, as well as land behind the house for approximately $175,000.
EDA member Schaaf, seconded by Beaudet, moved to purchase property. Carried 4 -1,
Councilmember Swenson opposing.
C. Discussion of possible recreation center.
Administrator Melena stated that Lifetime Fitness would like to meet with the City to
see what the possibilities would be for a fitness center in the Oak Park Heights /St.
Croix Valley area. Melena introduced a public /private partnership concept used in
Plymouth which has been successful. Councilmember Robert concurred that this was
an intriguing concept and worth looking at. The City Council requested that
Administrator Melena look further into this program.
EDA Member Schaaf, seconded by Beaudet, moved to adjourn the meeting of the
Economic Development Authority at 8:28. Carried 5 -0.
• Mayor Schaaf reconvened the regular Council Meeting at 8:28 p.m.
VII. New Business:
A. 1999 Waste Contract
Administrator Melena reviewed a letter sent by the City to United Waste Systems and
BFI announcing the upcoming new contract. "As per the advice of our City Attorney
and Minnesota Statute 115.94, which regulates organized collection of solid waste
within a geographical area, the City of Oak Park Heights must make an announcement
at least 180 days prior to implementing change in the system. These changes may
include a new ordinance, franchise, license, contract, or other means of organized
collection. The City must make known its intent publicly to organize collection and
invite the participation of interested persons to operate solid waste systems and to plan
and establish such a system in the City." Melena noted that the letter brings the City
into compliance by notifying either operators in the community or operators who have
an interest in being an operator in the community 180 days in advance of a new
contract. The City was approximately 187 days in advance of the new contract. In
order to put specifications together, Melena said the City would like to have Public
Meetings to find out the needs of residents. Councilmember Turnquist, seconded by
Robert, moved to hold a public hearing on July 14, 1998. Carried 5 -0.
•
Page 8 - City Council Minutes 06/23/98
• Administrator Melena suggested there be a better definition in future contracts of what
is to be picked up.
B. EDA Loan
Councilmember Beaudet, seconded by Robert, moved to grant a loan to the EDA.
Councilmember Turnquist, seconded by Beaudet, moved to loan $250,000 at 8%
interest with payback to be interest payments only for five years with a full balloon at
the end of the 5th year. Administrator Melena suggested the money come from the
Capital Project Fund and if the EDA defaulted on the loan, the money recovered from
the property would revert to the City Council. Carried 5 -0.
VIII. Old Business
A. Proposal for traffic analysis
Administrator Melena met with engineers and it was proposed to conduct traffic counts
at 13 locations as follows:
1. 53rd Street North - Between Oakgreen and O'Brien Ave.
• 2. 54th Street North - Between Oakgreen and Upper 55th Street
3. O'Brien Ave. - South of City Hall
4. 57th Street North - Between O'Brien and Oldfield Ave.
5. City Hall Access Drive
6. Oldfield Ave. - Between 57th Street & 60th Street (TH 36 South
Frontage Road)
7. Oren Ave. North - Between Upper 56th Street and 57th Street
8. Access road connecting 57th Street to the St. Croix Mall
9. Upper 56th Street - Between Osgood and Oren Ave.
10. 60th Street North - East of Osgood Ave. (TH 36 South Frontage Road)
11. 60th Street North - (TH 36 South Frontage Road) - East of Novak Ave.
12. 58th Street North - West of Norell Ave.
13. City Hall manual count between 7:30 a.m. and 5:00 p.m.
The estimated cost for the traffic counts at the 13 locations is $2,400. The total overall
estimate for the traffic count study is $4,400. Councilmember Swenson, seconded by
Beaudet, move to authorize the study. Carried 5 -0.
B. Equipment requirements for water systems repair and purchase of phones for City
parks.
Councilmember Beaudet, seconded by Turnquist, moved to approve the purchase of
the following items for Public Works Director Johnson: Globe Anderson Pilot
Page 9 - City Council Minutes 06/23/98
• assembly for City Hall Tower altitude valve and miscellaneous installation kits ($395);
Glove Anderson Mini -Matic Pressure Type Air Vent Fig. 905 to replace valve in the
broken air vent in the chemical room at City Hall ($52); DBI /Sala Safety Harness 3270
with front D -ring - OSHA required ($81.10); DBI /Sala Flexible Cable Sleeve 3330
with SH523 Hook - OSHA required ($209.10); DBI /Sala Lad -Saf Flexible Cable
System 140 feet with flexible cable sleeve and SH523 hook - OSHA required
($577.80); DBI /Sala 3700HP6 Series EZ Stop II 6 ft. Lanyard with shock absorber -
OSHA required ($144.60); Repair of West Tower cathodic protection system (no cost
estimate available at this time from contractor. Internal estimate is less than $2,000);
GE 900 MHZ Spread Spectrum Cordless Phones for park attendants at Brekke and
Valley View Parks ($99.96) & belt holders for phones (not to exceed $20.00 each) -
funding for phones from $250 donation from Bonestroo. Carried 5 -0.
C. Washington County MSA Capital Improvements Program
Administrator Melena stated the Washington County Board would hold a public
hearing on July 7, 1998, to discuss the transfer of County State Aid Municipal Funds
to County State Aid Regular Account. Councilmember Robert said it would be
beneficial for the Council members to attend the July 7, 1998, meeting at the
Washington County building to help insure that Oak Park Heights would not be
forgotten as the county planned its CIP.
D. Bridge Legal Agreement
Draft agreement put together by the Federal Park Service and reviewed by MN Dot
was received.
IX. Adjournment:
Councilmember Swenson, seconded by Turnquist, moved to adjourn at 8:52 p.m. Carried 5 -0.
R submi d,
Peggy I e
Administrative Secretary J
OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, JUNE 9,1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:03 p.m. by Mayor Schaaf Present:
Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator
Melena, City Attorney Lammers, City Planner Richards, City Engineer Anderlik, Administrative
Intern Mesko, and Administrative Secretary Penning. Absent: None.
I. Approval of Agenda:
Councilmember Turnquist, seconded by Beaudet, moved to approve the agenda as presented.
Carried 5 -0.
II. Department/Council Liaison Reports:
A. Parks - Nothing to report.
B. Cable -next meeting will be Wednesday, June 24, 1998.
C. Water Management Organizations - Nothing to report.
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to Mr.
• Stephen Schulze of 14295 55th Street North for participating in the City's recycling
program on Thursday June 4, 1998.
E. Oak Park Heights Business Association - The next meeting is Wednesday, June 17 at
Joseph's Restaurant at 7:30 a.m. Administrative Intern Mesko and Public Works
Director Johnson will provide an update on City projects, including several of the
proposals to extend 57th Street North from City Hall to Oakgreen Avenue North.
F. Planning Commission - An informational meeting will be held on Thursday, June 11
at 7:30 p.m. The first Planning Commission meeting will be held on Thursday, June
18 at 7:00 p.m.
III. Closed Executive Session
Councilmember Swenson, seconded by Beaudet, moved to adjourn the regular Council
meeting at 7:0 p.m. and go into a closed executive session to discuss pending litigation.
Carried 5 -0.
Mayor Schaaf reconvened the regular Council meeting at 7:45 p.m.
IV. Visitors
• There were no visitors.
Page 2 - City Council Minutes 06/09/98
V. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - May 26, 1998
C. Resolution changing the name of the Capital Improvements Fund to the Budgeted
Projects Fund
D. Approve hiring of secretarial intern
E. Approve changing the title of the Administrative Secretary to Administrative
Secretary/Deputy City Clerk for elections purposes.
F. Approve promotion of Administrative Intern to Administrative Assistant position
G. Approve Ordinance amendment to increase Council salary to $5,000 per year and
Mayor salary to $6,000 per year
City Attorney Lammers recommended that Item G be pulled from the Consent Agenda and voted on
separately. Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda
minus Item G. Roll call vote was taken. Carried 5 -0.
Councilmember Swenson, seconded by Beaudet, moved to approve Item G of the Consent Agenda,
an ordinance amendment increasing the salary of the Mayor to $6,000 per year and the salaries of the
Councilmembers to $5,000 per year. Carried 5 -0.
• VI. Public Hearings
A. Public hearing to discuss extension of 57th Street from Oakgreen Avenue to City Hall
(table until August 11 Council meeting)
Administrator Melena said that the City will be conducting an overall traffic study that
will include this area, and he would recommend that the public hearing be postponed
for the results and analysis of the study. Councilmember Turnquist, seconded by
Robert, moved to table the public hearing until August 11, 1998. Carried 5 -0.
VII. Economic Development Authority
Councilmember Swenson, seconded by Turnquist moved to adjourn the regular Council
meeting at 7:51 p.m. and call the Economic Development Authority to order. Carried 5 -0.
A. Appointment of EDA officers - Councilmember Turnquist, seconded by Beaudet,
moved to appoint the following as officers to the EDA: President: Jerry Turnquist;
Vice - President: Dave Schaaf; Secretary: Mark Swenson; Treasurer: David Beaudet;
and Assistant Treasurer: Finance Director Judy Holst. Carried 5 -0.
Councilmember Swenson, seconded by Beaudet, moved to adjourn the Economic
Development Authority and reconvene the regular Council meeting at 7:53 p.m. Carried 5 -0.
•
Page 3 - City Council Minutes 06/09/98
• VIII. New Business:
A. Police squad room and conference room furniture - Administrator Melena said that this
proposal is to provide for a wider conference table for the current conference room
(with the table currently being used to be moved to the police training room), chairs,
as well as work stations for the police squad room. Councilmember Turnquist,
seconded by Swenson, moved to approve the furniture purchase. Carried 5 -0.
IX. Old Business:
A. Approval of 1998 budget adjustments - Melena said that there has been a shift of
expenditures of approximately $160,000, which has been accounted for in a revenue
increase of the same amount. Councilmember Turnquist, seconded by Beaudet, moved
to approve the 1998 budget adjustments. Roll call vote was taken. Carried 5 -0.
B. Discussion of establishing a Central Business District Zone - City Planner Richards
said that he has prepared a preliminary report on the changes proposed to
accommodate the zoning amendments being discussed. Richards said that the
Planning Commission will be provided with this same information to discuss changes
and staff will meet with affected property owners as well. Councilmember Robert,
seconded by Turnquist, moved to authorize staff to provide this information to the
• Planning Commission, and to come back to the City Council with feedback on this
proposal. Carried 5 -0.
C. Authorize final driveway repair for Joe Carufel, 14625 57th Street North, from street
reconstruction damage - Melena said that Carufel has been having problems with his
driveway ever since the reconstruction of 57th Street and staff is recommending that
a final repair be made to Carufel's driveway. Councilmember Swenson, seconded by
Beaudet, moved to authorize the repair and direct staff to try and recoup the City's
costs for this repair from the company that initially damaged Carufel's driveway.
Carried 5 -0.
D. Authorized weed spraying at City facilities - Councilmember Robert, citing concerns
about the "weed and feed" option of the proposal, moved, seconded by Beaudet, to
approve the weed spraying contingent upon final review and approval by the City
arborist. Carried 5 -0.
E. Authorize resurfacing of City ballfields - Councilmember Turnquist, seconded by
Swenson, moved to authorize half of the resurfacing to be done this summer and the
second half to be done this fall, with coordination with the community to ensure no
disruption to the playing and use schedule. Carried 5 -0.
•
Page 4 - City Council Minutes 06/09/98
• F. Authorize installation of garbage enclosure at City Hall - Because the City itself is not
in compliance with the spring clean-up standards, Melena recommended approval for
the construction and installation of a garbage enclosure at City Hall. Councilmember
Swenson, seconded by Turnquist, moved to approve the garbage enclosure. Carried
5 -0.
G. Update on fly ash permit process - Mike Thomas of NSP was present to answer any
questions from the Council regarding the latest information on the fly ash permit. He
said that the ash would be transported using pneumatic trucks or end -dump trucks,
both of which are outfitted to transport ash without dust flying. Councilmember
Beaudet said that after a meeting on June 4, 1998, there were several beneficial
outcomes. There were four agreements regarding the fly ash permit and the
establishment of task forces to research the following:
1. Use of pneumatic trucks for hauling;
2. Review and regulation of air emission of fly ash;
3. A mercury initiative to review how mercury moves through the
environment;
4. Groundwater protection measures.
• Thomas said that studies conducted in other states has shown that the transportation
and environmental protection steps are safe; Thomas also said that he is looking
forward to the task forces being able to clarify any misconceptions. He also said that
the intensive concentration of fly ash at the NSP site in Oak Park Heights demands
more stringent safety standards. The amount of ash NSP is proposing to transport
needs only normal environmental controls, which NSP is doing.
There was also discussion about the amount of fugitive ash near Peller Avenue North
and 59th Street North, where the ash is transported. Thomas said that there may be
some ash, but realistically not a significant amount. Thomas also said that NSP has
been waiting for the final alignment of the frontage road to further determine a more
permanent solution to protect from fugitive fly ash.
Council directed staff to prepare a resolution for the June 23 Council meeting to
withdraw the City's opposition to the fly ash permit.
H. Update on trail behind City Hall - Melena said that Katharine Widin received
proposals for the seeding of prairie grass by the trail behind City Hall.
Councilmember Robert, seconded by Beaudet, moved to approve the planting, with
staff to determine the care and watering schedule that will be needed. Carried 5 -0.
0
Page 5 - City Council Minutes 06/09/98
I. Engineer's preliminary report on Kern Center - City Engineer Anderlik said that he
cost for this project is approximately $811,000, of which only $172,000 will not be
recovered immediately, but will be recovered when systems charges are applied.
Councilmember Swenson, seconded by Beaudet, moved to accept the report without
exception. Carried 5 -0.
I. Bridge Issues - Mayor Schaaf said that the involved parties have met and agreed to try
to come to a compromise regarding the St. Croix River bridge crossing. Dick Braun
will act as a mediator. The involved groups have agreed to a confidentiality agreement
where nothing said in these compromises can be used against each other in a lawsuit.
Administrator Melena stated that the City of Oak Park Heights will not be making
individual statements regarding the negotiation process, but will allow the
spokesperson for the group to speak on their behalf. Councilmember Turnquist,
seconded by Robert, moved to authorize the signing of the confidentiality agreement
contingent upon approval from the City attorney. Carried 5 -0.
Adjournment:
Councilmember Swenson, seconded by Robert, moved to adjourn at 8:58 p.m. Carried 5 -0.
Respectfully submitted,
40
tut, VA)
Melanie Mesko
Administrative Assistant
OAK PARK HEIGHTS
• CITY COUNCIL MINUTES, TUESDAY, MAY 26,1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:03 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator
Melena, City Attorney Vierling, City Planner Richards, City Engineers Anderlik and Shimon, Public
Works Director Johnson, and Administrative Intern Mesko. Absent: None.
Approval of Agenda:
Councilmember Swenson, seconded by Turnquist, moved to approve the agenda as presented.
Carried 5 -0.
II. Department/Council Liaison Reports:
A. Parks - Councilmember Robert said that Mike Dahlquist of the Parks Commission
interviewed for a position on the Planning Commission; therefore, the Parks
Commission will be advertising for a new member.
Robert thanked Bonestroo, Rosene, Anderlik & Associates, the City's engineering
firm, for the $250 donation to the parks fund.
• Robert also outlined some of the recommendations from the Parks Commission at its
May 19 meeting. Among the issues recommended for action were: use the $250.00
donation from the City's engineering firm to purchase portable phones for the park
attendants; weed control spraying this spring and again this fall to control dandelion,
broad leaf, clover, and other weeds; 3" fill for Brekke Park ballfields; roof repairs for
park buildings; preparation of Master Tree Plan by the arborist; and only replacement
planting done this year in anticipation of preparation and utilization of Master Tree
Plan. Robert said that many of the items outlined by the Parks Commission are regular
maintenance issues that have not been budgeted for in previous years.
The Council reviewed a memo by the City Arborist clarifying the City's tree removal
policy. Council agreed with Widin's interpretation as to under what circumstances
trees will be removed in the City: boulevard tees which have died, due to any cause,
are removed and replaced by and at City expense; any trees, public or private, which
have died due to Dutch Elm Disease or Oak Wilt will be removed at City expense;
trees on private property which have died from other diseases, insect attack,
construction damage, winter injury, and other causes are removed at the expense of the
property owner; trees on public property which are adjacent to private property and are
considered a nuisance by the property owner are considered for removal by the City
on a case -by -case basis.
•
Page 2 - City Council Minutes 05/26/98
• B. Cable - Councilmember Turnquist said that the commission continues to work on
refranchising issues.
C. Water Management Organizations - Councilmember Beaudet said that the Middle St.
Croix Water Management Organization will meet July 9 at 7:00 p.m. at the Bayport
City Hall. He also said that a proposal will be submitted to the state prior to July 1
regarding the design of the Perro Creek improvements.
Administrator Melena said that Washington County has requested participation in a
committee that will evaluate the governance of Water Management in Washington
County. Five representatives will study the governance issues of water management
rather than actual policies and practices. Councilmember Robert, seconded by
Swenson, moved to recommend Councilmember Beaudet as a representative to this
organization. Carried 5 -0.
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to Mr.
Casimir Szerlag of 5503 Oakgreen Avenue North for participating in the City's
recycling program on Thursday May 21, 1998.
.4111 E. Oak Park Heights Business Association - Melena said that a meeting scheduled for
Wednesday, May 20 at 7:30 a.m. at Joseph's restaurant drew about 20 business people.
They discussed the City's goals as adopted from the Council strategic planning
workshop as well as the proposed plans for 58th Street extension and other
development issues. Economic Development Director Leiferman, Administrative
Intern Mesko, and Public Works Director Johnson will attend the June 17 OPHBA
meeting to represent the City.
F. Mayor Schaaf said that MnDOT has been denied an exemption from the Wild and
Scenic Rivers Act. A third party will become involved to act as a mediator to develop
a bridge design that is more acceptable than the current proposal.
Councilmember Beaudet thanked everyone involved for their hard work in helping to
defeat the current bridge proposal.
G. Planning Commission - Melena said that after five interviews for the five vacancies,
he would recommend the appointment of Ann Wasescha and Charles Hedlund to
three -year terms, Mike Dahlquist and George Vogt to two -year terms, and Kirk
Schultz to a one -year term. The Planning Commission will meet on June 11 for an
informational meeting, and will have its first official meeting on Thursday, June 18.
Page 3 - City Council Minutes 05/26/98
• H. Transit - Melena said that communication was received from the TAB board, stating
that they had made an appointment to the vacant position. Councilmember Robert and
Mayor Schaaf were thanked for their interest in the TAB Board.
III. Visitors
A. Nile Kriesel of Stillwater - Update on Athletic Center - Kriesel appeared before the
Council to present a resolution passed by the Stillwater City Council on May 19, 1998
commending the City of Oak Park Heights for its donation to the St. Croix Valley
Sports Complex. Kriesel updated the Council on the progress of the construction of
the complex. While there have been some unforeseen delays, Kriesel said that he is
fairly confident that the dome will be operational by October 1, 1998. There may be
another delay in the ice, however, that should be ready by November 1, 1998 at the
latest. Kriesel also said that a draft use policy and rate schedule will be sent to Oak
Park Heights for feedback by June 8.
B. River Hills Communication - Melena said that the City received a signed petition from
residents of the River Hills neighborhood thanking the City for working with them in
designing the extension of 58th Street from Norell Avenue to Oakgreen Avenue.
• IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - May 12, 1998
C. Authorize the installation of "Children at Play" signs in the Autumn Ridge
neighborhood
D. Authorize Police Department to auction 1990 police vehicle
Councilmember Turnquist, seconded by Beaudet, moved to approve the Consent Agenda as presented.
Roll call vote was taken. Carried 5 -0.
V. Public Hearings
A. Public hearing for MUSA line expansion and Comprehensive Plan Amendment for the
Kern Center.
Administrator Melena read the public hearing and Mayor Schaaf opened the public
comment period at 7:45 p.m. City Planner Richards said that this is standard
procedure for Met Council approval of the MUSA line, which outlines the outer
boundaries of sewer limits in the metropolitan area. City Engineer Anderlik said that
the City plans to work with Brown's Creek Watershed District to mitigate any water
issues on this area for future development. With no one wishing to speak,
Councilmember Turnquist, seconded by Swenson, moved to close the public hearing
• at 7:50 p.m. Carried 5 -0. Councilmember Swenson, seconded by Beaudet, moved to
Page 4 - City Council Minutes 05/26/98
• approve the MUSA line expansion and Comprehensive Plan amendment for the Kern
Center area. Roll call vote was taken. Carried 5 -0.
B. Public hearing on engineer's feasibility study for 58th Street extension from Norell
Avenue to Oakgreen Avenue
Administrator Melena read the notice and Mayor Schaaf opened the public hearing at
7:52 p.m. City Engineer Anderlik said that a preliminary report has been prepared to
identify the scope, cost, and price allocation for this project. The cost is estimated at
$955,000 for street improvements, pathway improvements, and water and storm sewer
mains. Anderlik then said that to recover 70% of the costs of the projects, the
assessment will be $5,600 per acre for the land north of 58th Street (commercial land)
and $4,200 per acre for the land south of 58th Street (residential and assisted living
facility). If 100% of the costs were to be recovered, the assessment would need to be
$8,100 per acre for the northern portion and $6,000 per acre for the southern portion.
There was discussion as to whether the City is interested in assessing 100% or a lesser
amount for the construction of the road. City Attorney Vierling said that he continues
to work with Baytown Island property owners on acquisition of land. Councilmember
• Swenson, seconded by Beaudet, moved to close the public hearing at 8:05 p.m.
Councilmember Robert questioned whether the Baytown Island properties will be
assessed for this improvement, and whether that possibility has been discussed with
them. Melena said that they understand that there will be hook -up costs and other
potential costs with this project, but there have been no guarantees as to cost limits.
Robert then said that she would not want Baytown Islands included in the assessments
without a guaranteed deferment option to Baytown Island residents because this has
not been discussed at length. Councilmember Beaudet questioned whether the Council
would consider delaying this project until next year. Melena said that delaying
construction would delay any development as well. Valley Senior Services Alliance
is under the impression that 58th will be constructed this year, and is basing its
development on that construction time frame.
C. Set special assessment public hearing for Kern Center improvements for June 23
Council meeting - Councilmember Turnquist, seconded by Swenson, moved to set the
public hearing for June 23, 1998. Carried 5 -0.
D. Set special assessment public hearing for 58th Street from Norell Avenue to Oakgreen
Avenue improvements for June 23 Council meeting - Councilmember Robert,
seconded by Swenson, moved to set the public hearing for June 23, 1998. Carried
• 5 -0.
Page 5 - City Council Minutes 05/26/98
•
VI. Economic Development Authority
Councilmember Turnquist, seconded by Swenson, moved to adjourn the regular Council
meeting at 8:28 p.m. and call the Economic Development Authority to order. Carried 5 -0.
A. Organizational meeting, adopt bylaws - Council discussed who would serve as the
president, vice - president, secretary, and treasurer of the EDA. Finance
Director/Deputy City Clerk Holst is Assistant Treasurer. Councilmember Robert,
seconded by Beaudet, moved to table this issue until the June 9 Council meeting to
give Council more time to discuss at the June 2 Work Session. Carried 5 -0.
B. Metro East Communication - Council accepted the communication from Metro East
and decided to further discuss at the June 2 Work Session.
Councilmember Turnquist, seconded by Swenson, moved to adjourn the Economic
Development Authority and reconvene the regular Council meeting at 8:34 p.m. Carried 5 -0.
New Business:
A. 1998 Arbor Day Proclamation - Melena said that this proclamation was a formality to
ensure the City's eligibility and continued participation in the Tree City USA program.
• Councilmember Swenson, seconded by Beaudet, moved to approve the 1998 Arbor
Day Proclamation. Carried 5 -0.
B. NSP Lighting Correspondence - Melena said that he has received information from
NSP about price differences between street lighting purchases and rentals. If the City
mandates developer purchase of street lighting rather than rental agreements, the
maintenance and energy costs are approximately 1/3 less per month. Councilmember
Robert said that she and Councilmember Beaudet have been working on this issue and
she would recommend that staff review the lighting options and come back to the
Council with a purchase recommendation for commercial development, residential
development, and residential replacement. Staff was so directed.
C. Presentation of revised 1998 budget - Melena said that adjustments have been made
to the 1998 budget and all approvals for purchases have been accounted for. Melena
also said that staffs goal is to present a more unified budget document which is easier
to read and understand. Another revision will be presented at the June 2 Work
Session.
VII. Old Business:
A. Final summer park attendants - Public Works Director Johnson presented a final
• request for authorization to hire five summer park attendants for Brekke and Valley
View Parks. They are: John Sortedahl, Nick Sortedahl, Molly O'Donnell, Dave Otto,
Page 6 - City Council Minutes 05/26/98
• and Earl Vielhaber. Councilmember Beaudet, seconded by Robert, moved to approve
the hiring of park attendants as recommended by staff. Carried 5 -0.
B. Municipal identification entrance signs - Councilmember Robert said that she would
like to install an Oak Park Heights entrance sign on Highway 36 before the Highway
5 bridge underpass but that there are certain restrictions governing where signs can be
placed. Council directed City Engineer Anderlik to determine locations where the sign
can be placed and make a recommendation as to which location will provide the best
visibility.
C. Review of Cable Joint Powers Agreement - Councilmember Robert, seconded by
Beaudet, moved to discuss this issue at the June 2 Council Work Session. Carried 5 -0.
D. Seal Coating Project Authorization - Melena said that the latest estimates by the
engineers put the price of seal coating at approximately $27,000. Councilmember
Robert requested that Valley View and Brekke Park be added to this project.
Councilmember Swenson, seconded by Beaudet, moved to authorize that seal coating
be done with the park additions at a total cost not to exceed $32,000. Carried 5 -0.
E. Safety Camp Joint Powers Agreement - Councilmember Turnquist, seconded by
411 Swenson, moved to approve the joint powers agreement between Bayport and Oak
Park Heights to conduct a safety camp in June. Carried 5 -0.
F. Updating on billboard signs for Oak Park Heights - Melena said that this
correspondence on the status of billboards on Highway 36 west of Beach Road and
their removal is for informational purposes. Council received.
G. Correspondence on upcoming public meetings - Council received information.
H. NSP Fly Ash update - Councilmember Beaudet said that the MPCA tabled the permit
request of NSP regarding the disposal and transportation of fly ash from the Allan S.
King Plant. Beaudet then said that a committee will be created with other parties
involved to develop rules governing its disposal and transportation. Beaudet suggested
authorization of an additional $1,000 to pay for additional representation by the
consultant hired for this project. Administrator Melena said that this money could be
funded out of the $10,000 Mayor and Council Contingency Fund created for Mayor
and Council use only. Councilmember Turnquist asked why Oak Park Heights
continues to provide funding for this project when it appears as if other entities are not
contributing. Beaudet said that many of the other organizations do not have the ability
to provide funding. Councilmember Robert, seconded by Beaudet, moved to approve
•
Page 7 - City Council Minutes 05/26/98
• $1,000 for representation in discussions to develop permit process procedures
regarding NSP fly ash. Carried 4 -1, Councilmember Turnquist voting against.
I. Baytown Orderly Annexation Agreement - Administrator Melena said that a meeting
with the residents of the Baytown Island on May 20 was productive; taxes, hook -up
costs, and other issues were discussed with strong support from the residents. This
agreement is for an orderly annexation, which the Baytown Township Board will be
approving at its June 1 Board meeting. Councilmember Swenson, seconded by
Turnquist, moved to approved the orderly annexation agreement. Carried 5 -0.
Adjournment:
Councilmember Swenson, seconded by Turnquist, moved to adjourn at 9:14 p.m. Carried 5 -0.
Respe tfully submitted,
;- L tip
._,
Melanie Mesko
Administrative Intern
•
•
• OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, MAY 12,1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:03 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator
Melena, City Attorney Vierling, City Planner Richards, City Engineers Anderlik and Shimon, Public
Works Director Johnson, Economic Development Consultant Leiferman, and Administrative Intern
Mesko. Absent: None.
I. Approval of Agenda:
The following was added to the agenda: 1) a verbal update from the City Attorney was added
as Item H of Old Business; 2) changing the Party in the Park date was added as Item I of Old
Business; 3) a resolution not to amend the Wild and Scenic Rivers Act was added as Item J
of Old Business; 4) a Public Works update on City weed spraying was added as Item K of Old
Business; 5) a meeting at Baytown Township was added as Item C of New Business.
Councilmember Swenson, seconded by Turnquist, moved to approve the agenda as amended.
Carried 5 -0.
II. Department/Council Liaison Reports:
A. Parks - Councilmember Robert said the next Parks Commission meeting is Tuesday,
• May 19 at 6:30 p.m. They will be discussing the duties of the Tree Board and
reviewing landscape plans.
Robert also recommended approval of the appointment of Kevin Furlong to the Parks
Commission. Councilmember Robert, seconded by Turnquist, moved to approve the
appointment. Carried 5 -0.
The Garden Committee will hold its spring garden sale on Saturday, May 16 from 9:00
a.m. until 12:00 noon at Cover Park, with proceeds to be used to plant a garden at City
Hall.
B. Cable - Nothing to report.
C. Water Management Organizations - Councilmember Beaudet said that the WMO will
next meet on Thursday, May 14 at 7:00 p.m. at the Bayport City Hall.
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to Mr.
Charles Simonet of 5888 Olene Avenue North for participating in the City's recycling
program on Thursday May 7, 1998.
• E. Oak Park Heights Business Association - Melena said that a meeting is scheduled for
Wednesday, May 20 at 7:30 a.m. at Joseph's restaurant. They will discuss current City
• Page 2 - City Council Minutes 05/12/98
projects as well as possible future plans. Because of the LMC conference in June
which will be attended by Melena and the Council, Melena suggested that Economic
Development Director Leiferman, Administrative Intern Mesko, and Public Works
Director Johnson attend the OPHBA meeting to represent the City.
F. There was a resolution presented later in the meeting.
III. Visitors
There were no visitors.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes - April 28, 1998
C. Authorize engineer to obtain aerial mapping of Kern Center
D. Authorize Police Department to purchase a trunk- mounted radar speed display, a Pro -
Cop seat, and pursuit strips
E. Authorize Police Department and Legal to pursue civil action against non - compliant
property owner
• Councilmember Turnquist, seconded by Beaudet, moved to approve the Consent Agenda as presented.
Roll call vote was taken. Carried 5 -0.
Councilmember Beaudet requested that the City change the description of the lawsuit charge and send
residents another notice about the quarterly charge for illegal trash dumping by Junker Sanitation for
which the City was held partially responsible. The charge is $6.50 per quarter for five years.
V. Public Hearings
A. Set a public hearing for May 26 for MUSA line expansion and Comprehensive Plan
Amendment for the Kern Center.
City Planner Richards said that this amendment needs to be sent to the Met Council
for the MUSA line expansion. Councilmember Turnquist, seconded by Beaudet
moved to set the public hearing. Carried 5 -0.
B. Authorize a feasibility study and set a public hearing for May 26 on the Kern Center
improvements. Melena said that the engineer would estimate the cost for these
improvements with no curb and gutter. Councilmember Turnquist, seconded by
Beaudet moved to authorize the study and to set the public hearing. Carried 5 -0.
C. Authorize feasibility study and set a public hearing for May 26 on 58th Street
• improvements from Norell Avenue to Oakgreen Avenue. Councilmember Turnquist,
Page 3 - City Council Minutes 05/12/98
• seconded by Beaudet, moved to authorize the study and set the public hearing. Carried
5 -0.
D. Authorize feasibility study and set a public hearing for May 26 on 58th Street
extension from Oakgreen Avenue to City Hall - Councilmember Turnquist said that
he felt that an informal, informational meeting with the residents would be beneficial
before the City proceed with an official public hearing. Administrator Melena said
that he would recommend setting a public hearing for June 9 with an informational
meeting the week of May 26. Councilmember Turnquist, seconded by Swenson,
moved to set a public hearing for Tuesday, June 9 and an informational meeting with
the residents during the week of May 26. Carried 5 -0.
E. Set a public hearing to rezone property north of 58th Street to BW-
Business /Warehouse - Administrator Melena said that this would address land on the
western end of 58th Street and he would recommend having meetings with the
residents and business owners surrounding the property that is proposed to be rezoned.
Council directed staff to set up informational meetings to further discuss this.
F. Public hearing to review an application by Menard's for a sign variance - Mayor
• Schaaf opened the public hearing at 7:30 p.m. City Planner Richards said that
Menard's put up more signs than was allowed by the plan approved by the City
Council in March, 1995. Based on a lack of hardship, Richards said that he would not
recommend granting a variance to allow for the extra signs which are not directional.
There was discussion about the obtrusiveness of the signs as well as a precedent that
could be set by allowing the signs without a clear hardship. Richards said that his
recommendation was based on the City's ordinances and policies against multiple
signs. The Council discussed Menard's willingness to make other changes as
requested by the City.
Councilmember Turnquist, seconded by Swenson, moved to close the public hearing
at 7:35 p.m. Carried 5 -0. Based on Menard's cooperation in the past, the fact that the
signs on the front of the building do not provide significant signage outside of the
Menard's parking lot, and the other signs serve as directional, Councilmember
Turnquist, seconded by Swenson moved to approve the sign variance for Menard's.
Carried 5 -0.
G. Public hearing to consider a proposed development by Arby's /Sbarro - Mayor Schaaf
opened the public hearing at 7:40 p.m. City Planner Richards said that Arby's /Sbarro
has requested a conditional use permit and a sign variance. Doug Kennedy of
Franchise Associates and Scott Mower of Progressive Architecture were present to
• discuss the proposal. There were questions by the Council about the color of the
Page 4 - City Council Minutes 05/12/98
building. Kennedy said that red is a signature color for this business, and they would
like it to remain as a subtle variation to the rest of the developments. Council said that
the design standards for this development have been implemented with muted color
tones and no neon.
Kevin Furlong, 5605 Newgate Avenue North, said that he had concerns about the color
of the building and he felt that it should complement better with the rest of the
development.
Ann Wasescha, 5675 Newberry Avenue North, agreed with Mr. Furlong regarding the
proposed color as well as the signs requested. Wasescha suggested that a blue
highway sign be put on Highway 36 to direct motorists to these businesses rather than
promoting or allowing for large neon signs so close to a high school and residential
development.
Councilmember Swenson, seconded by Robert, moved to close the public hearing at
8:15 p.m. Carried 5 -0.
Councilmember Turnquist said that he felt the planner's recommendations were
• complete and adequately addressed the concerns and direction of the Council.
Councilmember Robert said that she felt the landscape plan was very good, and she
requested that a condition be added to allow the Tree Board to review and approve the
plan.
Councilmember Swenson, seconded by Mayor Schaaf, moved to reopen the public
hearing at 8:21 p.m. Carried 5 -0.
There was discussion with Mr. Kennedy about the time frame for approval, stating that
he would like to begin construction as soon as possible. He also felt that there were
a lot of conditions on the planner's report which would require them to significantly
alter their plans. Councilmember Turnquist, seconded by Swenson, moved to close
the public hearing at 8:24 p.m.
Councilmember Turnquist, seconded by Beaudet, moved to approve the application
from Arby's /Sbarro with the conditions listed in the planner's report, and also to allow
the Tree Board to review and approve the plans, and for the City Planner to work with
Franchise Associates and their architects to prepare a building color scheme that
coordinates with the surrounding development. Carried 5 -0.
•
Page 5 - City Council Minutes 05/12/98
• H. Public hearing to consider the establishment of an Economic Development Authority
-Mayor Schaaf opened the public hearing at 8:25 p.m. Administrator Melena said that
the Council needs to adopt a resolution and set a future date for an EDA meeting. An
EDA will give Oak Park Heights an economic development tool other than a HRA.
Councilmember Turnquist, seconded by Swenson, moved to close the public hearing
at 8:27 p.m. Carried 5 -0.
Councilmember Turnquist, seconded by Swenson, moved to approve the establishment
of an EDA and set a meeting on May 26 after the Public Hearing section of the City
Council meeting. Carried 5 -0.
VI. New Business:
A. Request for authorization of town center concept property north of 58th Street -
Melena said that this concept was proposed and staff is requesting feedback from the
Council as to further direction. City Planner Richards said that a special central
business district zone would allow for high flexibility on the part of the City. Without
objection, Mayor Schaaf directed staff to proceed with this concept.
B. Recommend hiring for administrative secretarial position - Administrator Melena
• reported that interviews were conducted with several well - qualified people and staff
is recommending Peggy Penning to the administrative secretarial position. Peggy has
been with the City for approximately 6 weeks in a temporary position, and Melena said
that she has done an outstanding job. Councilmember Beaudet, seconded by Robert,
moved to approve the hiring of Peggy Penning -as the administrative secretary. Carried
5 -0.
C. Meeting at Baytown Township- Melena said that the Baytown Board will be reviewing
the orderly annexation of the residents on Oakgreen Avenue to Oak Park Heights. The
meeting will be on Wednesday, May 20 at 5:30 p.m. at the Baytown Town Hall.
VII. Old Business:
A. Final authorization on alignment of 58th Street from Norell Avenue to Oakgreen
Avenue- Melena said that the plan includes a 150' buffer for the residents of the River
Hills neighborhood. Councilmember Turnquist, seconded by Swenson, moved to
approve the final alignment of 58th Street from Norell Avenue to Oakgreen Avenue.
Carried 5 -0.
B. Authorize engineer to prepare feasibility study for completion of 58th Street from
Oakgreen Avenue to City Hall - this issue was previously discussed in the public
hearing portion of the meeting.
Page 6 - City Council Minutes 05/12/98
• C. Update on property acquisition - City Attorney Vierling said that there has been a
meeting with the property owner regarding acquisition costs and he feels that a
complete package will be ready for the City Council soon.
D. Review of final Mobile Home Ordinance amendments - there was discussion about the
adequacy of emergency and storm shelters available. Councilmember Turnquist,
seconded by Swenson, moved to approve the Mobile Home Ordinance. Carried 5 -0.
E. Appointment of neighborhood committee from Autumn Ridge (5 residents), River
Hills (5 residents), and the Baytown Island (up to 5 residents) to review development
for Oak Park Crest Area and call for additional volunteers if needed and set time and
place for meeting - Melena said that he has received 3 requests to participate which he
would recommend appointing. They are: Joe McQuillan of 5558 Novak Avenue
North, Mauritz and Norma Anderson of 13902 56th Street North, and Steven Jelinek
of 5557 Novak Avenue North. Without objection, staff so ordered to proceed.
F. Authorize hiring of computer consultant for a total computer analysis and plan for the
City's computer system - Melena said that staff is recommending KMA for the
analysis. Without objection, staff so ordered to proceed.
• G. Authorize hiring of summer park attendants - Melena asked the Council for temporary
hiring authorization for park attendants, with the final Council authorization at the
May 26 meeting, in order for the parks to be staffed prior to the Memorial Day
weekend. Without objection, staff was authorized to hire park attendants until May
26, when final authorization would be given by the City Council.
H. Stillwater Ford - verbal update from Mark Vierling - Vierling said that the City has not
established a policy for assessing connection costs, and that a precedent may be set if
they do decide to do so in this case. Richard Kadrie of Stillwater was present to
request that the costs be assessed because of the economic hardship from the road
construction. There was discussion about whether the City was interested in setting
this type of precedent when Stillwater Ford was not required to connect to the City's
utility system. Administrator Melena said that this project could be internally
financed, and he would recommend an immediate partial payment with an assessment
of $75,000 over 3 years at 8% interest. Councilmember Turnquist, seconded by
Swenson, moved to assess $75,000 over 3 years at 8% interest with the balance to be
paid up -front. Carried 5 -0.
Party in the Park date change - Administrator Melena will be out of town on August
9, the initial date, and has recommended that the date be changed to August 16 from
1:00 - 3:00 p.m. Without objection, staff was ordered to make the change.
Page 7 - City Council Minutes 05/12/98
S J. Resolution not to amend the Wild and Scenic Rivers Act - Mayor Schaaf explained
that this is in response to efforts to amend the Wild and Scenic Rivers Act to allow for
the construction of a bridge over the St. Croix River. Councilmember Beaudet,
seconded by Robert, moved to approve the resolution not to amend the Wild and
Scenic Rivers Act. Roll call vote was taken. Carried 5 -0.
K. Update on City weed spraying - Melena said that Public Works has conducted a
acreage analysis and is recommending that 18 -22 acres of the City parks be sprayed
for weed control. This figure does not include park land that is used as a passive park,
playgrounds, buildings, and other areas which would not need to be sprayed. Without
objection, staff so ordered to proceed.
Adjournment:
Councilmember Swenson, seconded by Turnquist, moved to adjourn at 9:42 p.m. Carried 5 -0.
Respectfully submitted,
h
Melanie Mesko
Administrative Intern
•
OAK PARK HEIGHTS
• CITY COUNCIL MINUTES, TUESDAY, APRIL 28, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:10 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator
Melena, City Attorney Vierling, City Planner Richards, City Engineer Shimon, Economic
Development Consultant Leiferman, and Administrative Intern Mesko. Absent: None.
I. Approval of Agenda:
The following was added to the agenda: 1) Closed Executive Session was added to discuss annexation
and bridge issues. Councilmember Beaudet, seconded by Swenson, moved to approve the agenda as
amended. Carried 5 -0.
II. Department/Council Liaison Reports:
A. Parks - Councilmember Robert said the Parks Commission and staff took a spring
walk - through of the parks on Saturday, April 25 and made a list of several items that
need to be fixed, replaced, or maintained.
Robert also said that the Parks Commission reviewed the Presbyterian Homes proposal
at its April 21 meeting and have recommended several conditions be addressed
• regarding this proposed development. Those conditions are:
-a separate parking lot for public parking away from the housing facilities;
- preservation of oak knoll;
- development of a substantial size public park so the public does not feel as if they are
invading a private housing area;
- establish a trail system to circumvent wetlands;
- establish a buffer between housing residents and park users;
-full evaluations about the flooding potential and the layout of trails;
- explore a linear park 100 feet wide from Oakgreen Avenue, south of the current
Baytown island, to the new annex park along 58th Street.
B. Cable - Councilmember Turnquist said that the Cable Commission continues to discuss
refranchising issues. Turnquist also said that in -house studios are being looked into
for Oak Park Heights City Hall as well as the Stillwater Area High School. The
Council received a copy of the needs assessment that will be used in the franchise
negotiation process, and Turnquist invited anyone with comments to share them by
May 11 in order for them to be considered for the negotiations. Turnquist also
requested that Council further discuss this issue at the May 5 Council Work Session.
• C. Water Management Organizations - Councilmember Beaudet said that the WMO will
next meet on May 14 at 7:00 p.m. at the Bayport City Hall.
Page 2 - City Council Minutes 04/28/98
II/
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to Mary
McComb 14156 Upper 54th Street North for participating in the City's recycling
program on Thursday April 23, 1998.
E. Oak Park Heights Business Association - Melena said that the April 22 meeting was
canceled, but there is another scheduled for Wednesday, May 20 at 7:30 a.m. at
Joseph's restaurant. The Association is planning on the third Wednesday of each
month for the meeting, with an exception for June, when it conflicts with a conference
the Council and Melena will be attending.
F.
III. Visitors Bridge Report - City Attorney Vierling said that there has been nothing formal done
on this issue.
A. Questions regarding garbage bills - Melena said that this item was added in response to the
resident questions about the $6.50 lawsuit charge on their quarterly utility bill. Mayor Schaaf
said that this was to repay the City's reserve funds for the $141,000 the City paid to settle a
lawsuit regarding illegal dumping of a City contracted hauler. This charge is quarterly and
will last for five years. No one was present to speak.
B. Chuck Hedlund, 13991 56th Street North, and Lori Letourneau, 13990 56th Street North
- Letourneau presented a petition from the residents of the River Hills neighborhood
requesting for additional buffering between their neighborhood and the proposed 58th Street.
This issue was discussed with the residents prior to the 7:00 agenda, and the petition reiterated
several points that were made to the City at that time.
C. Melena said that he received a call from a resident in Autunm Ridge who was not able to
hear the emergency warning sirens on Thursday, April 23 when they went off during the
tornado awareness exercise. Melena said that he is concerned that the western part of the City
is not adequately covered for emergency warnings and that he would recommend that the City
find out what is needed to better serve this area.
IV. Consent Agenda:
A.
B.
C.
D. Approve Bills & Investments
Approve Board of Review Minutes - April 7, 1998
Approve City Council Minutes - April 14, 1998
Approve Board of Review Minutes - April 21, 1998
E. Approve purchase of refurbished phones for City Hall
F. Resolution 98 -04 -33 - A Resolution Authorizing General Fund Reserve for Employee
Insurance Benefits
Page 3 - City Council Minutes 04/28/98
•
Councilmember Turnquist, seconded by Robert, moved to approve the Consent Agenda as presented.
Roll call vote was taken. Carried 5 -0.
V. Public Hearings
A. Set a public hearing for May 12, 1998 to review an application by Menard's for a sign
variance.
Councilmember Robert, seconded by Swenson, moved to approve setting the public
hearing for May 12 for Menard's. Carried 5 -0.
B. Public Hearing to review establishment of Planning Commission proposal
Administrator Melena read the public notice and Mayor Schaaf opened the public
hearing at 7:37 p.m. Anne Wasescha, 5675 Newberry Avenue North, encouraged the
Council to establish a planning commission. She said that Oak Park Heights needs a
planning commission and urged the Council to approve the establishment of a
planning commission.
• With no one else wishing to speak, Councilmember Turnquist, seconded by Swenson,
moved to close the public hearing at 7:39 p.m.. Carried 5 -0.
Mayor Schaaf said that he would like the Council to consider amending the proposed
ordinance to allow for the Council to appoint the Chair of the planning commission.
Councilmembers Robert and Swenson said that they felt that the other members of the
planning commission are qualified to determine who they would feel is appropriate to
act as the chair, and they did not think that the Council needed to make that
appointment. City Planner Richards said that he also felt that leaders emerge from
these groups, and the commission itself is best qualified to choose a chair. Council
decided to allow the planning commission to choose the chair rather than the Council
appointing a chair.
Councilmember Beaudet said that the language needs to be clarified to read that
commissioners can be dismissed for missing three consecutive meetings or four
meetings in a year. Councilmember Beaudet, seconded by Swenson, moved to amend
the language to allow for this change. Carried 5 -0.
Councilmember Beaudet asked for clarification regarding the 20 day application
deadline in 401.03.A.2. City Planner Richards said that this allows the planning
• commission to schedule a hearing for its third Wednesday of the month meeting if all
information is received by the first of the month.
• Page 4 - City Council Minutes 04/28/98
Beaudet then asked for clarification regarding 401.03.A.3, which requires that there
be no delinquent taxes or fees due on the property for an application to be considered.
City Attorney Vierling said that a property owner could petition for a waiver from the
City from this requirement.
There was also a request for language clarification regarding section 401.03.A.13,
which deals with the required approval for an amendment. Melena said that
amendments should have a 4/5 approval from the Planning Commission, although 3/5
approvals from the Planning Commission can also be considered by the Council.
Vierling said that although Councils generally want 4/5 vote from the Planning
Commission, it is not necessary for passage. The Council needs to approve the
amendment request by a 4/5 vote.
Clarification was made for section 401.03.C.2, which states that an application denied
by the Council cannot be reconsidered for six months. Richards said that this is to
address property owners who continually bring an essentially same application that
was previously denied by the Council. Council has the authority to waive this
regulation.
Councilmember Beaudet asked why the bylaws state that the annual organizational
meeting will be the third Wednesday of March instead of January, the first meeting of
the year. Melena said that this allows a new Councilmember some time to become
acquainted with the Planning Commission.
There was also discussion about whether the meeting should be scheduled for the third
Wednesday of the month. Councilmember Beaudet, seconded by Robert, moved to
change the monthly Planning Commission meeting date to the third Thursday of the
month. Carried 5 -0.
Councilmember Turnquist, seconded by Beaudet, moved to establish a Planning
Commission for the City of Oak Park Heights. Roll call vote was taken. Carried 5 -0.
Councilmember Turnquist, seconded by Swenson, moved to amend Section 401.03 of
the City Codes to establish a Planning Commission. Roll call vote was taken. Carried
5 -0.
Councilmember Swenson, seconded by Turnquist, moved to approve the bylaws for
a Planning Commission. Roll call vote was taken. Carried 5 -0.
Page 5 - City Council Minutes 04/28/98
• Councilmember
Business:
Robert, seconded by Turnquist, moved to amend the wording to the
Parks Commission regarding the number of missed meetings allowed to be consistent
with the Planning Commission. Roll call vote was taken. Carried 5 -0.
Staff was directed to advertise for Planning Commission members, and interviews
were set for Tuesday, May 26 before the City Council meeting.
Regarding the issue of establishing a per diem for commission members,
Councilmember Turnquist said that he did not feel comfortable paying a per diem if
no other communities pay commission members. There was discussion about if not
being paid is a disincentive for people who may otherwise participate. Staff was
directed to find out if other communities compensate commission members, and if
they do, what the rate is.
C.
VI. New Public Hearing to review amendment of mobile home ordinance
Administrator Melena read the notice and Mayor Schaaf opened the public hearing at
8:05 p.m. With no one wishing to comment, Councilmember Turnquist, seconded by
Swenson, moved to close the public hearing. Carried 5 -0.
• Councilmember Turnquist asked if these regulations would allow for a two -car garage.
City Planner Richards said that the lot layout would determine whether there is
enough room for a two -car garage, and that it would be difficult to fit. There were also
questions about the community building regulations as well as the emergency storm
protections. Staff was directed to prepare recommendations for these two issues as
well as setback requirements. Councilmember Beaudet, seconded by Turnquist,
moved to table this issue until the May 12 Council meeting. Carried 5 -0.
A. Proposal from engineer regarding water supply and distribution plan - Melena said that
this proposal will do an analysis of the current system as well as future placement of
wells and underground storage for all areas in the City at a cost of $22,000.
Councilmember Swenson asked if the City could test the water pressure on the current
wells and designate different pressures with different colored hydrant tops. Staff was
directed to begin this as they flush the hydrants this spring.
B. Nomination of Councilmember Robert for the Association of Metropolitan
Municipalities' Transportation Advisory Board - Robert said that elected officials are
required to participate on this board and she would be interested in being involved due
to her previous experience with transportation issues. Councilmember Swenson,
• Page 6 - City Council Minutes 04/28/98
seconded by Beaudet, moved to recommend Councilmember Robert's nomination to
the AMM's TAB. Carried 4 -0, Councilmember Robert abstaining.
C. Request to join the Metro East Association - Administrator Melena said that this is a
professional organization which provides member cities with information to help them
make better development decisions and recruiting. This request would be funded out
of the City's TIF Fund. Councilmember Swenson, seconded by Robert, moved to
approve a one -year membership to the Metro East Association at a cost of $1,000 with
the funds to be taken out of the City's TIF Fund. Carried 5 -0.
D. MnDOT's Highway 35/Highway 5 landscape plan - Councilmember Robert said that
the first plan submitted was inadequate, and that she felt there would need to be many
modifications to the plan, which are to be sent to the City as soon as possible.
E. Authorization of $2,500 from NSP to fmish the prairie restoration and begin work on
wetland bridge - Robert said that she received a proposal from John Wertish of NSP
for ways to fmance the prairie restoration and bridge construction at Valley View Park.
Robert also said that Atlas construction specializes in installing piers for wetland
bridges. She requested that if the grant is received that the City hire Atlas to do a
• study on the wetland to get an accurate estimate for this work. Councilmember
Robert, seconded by Beaudet, moved to authorize staff to contact NSP to determine
how much money the City can get for prairie restoration projects. Carried 5 -0.
Councilmember Robert, seconded by Swenson, moved to authorize staff to contact
Atlas Foundations to do the pier testing if money is received from NSP. Carried 5 -0.
Melena also said that he received a proposal from Andy Weaver for getting funds from
the DNR to complete park projects. Councilmember Beaudet, seconded by Robert,
moved to authorize Andy Weaver to attempt to get funds for park projects from the
DNR. Carried 5 -0.
F. Proposal to provide assistance in understanding NSP's fly ash and its proposed use -
Councilmember Beaudet said that he is concerned that NSP and the PCA are not doing
enough to guarantee the safety of the fly ash and its impact on people. Because the
NSP plant is located in Oak Park Heights, the City is one of the few which can contest
the fly ash dumping. Councilmember Turnquist asked what good it will do to hire a
company to evaluate if the public comment period has passed. Beaudet said that this
issue can be discussed during the Citizens' Advisory Board hearing. Councilmember
Robert said that her concern involves the impact that this may have on Oak Park
Heights residents and NSP's inability to adequately address these concerns.
• Councilmembers Turnquist and Swenson wondered if the costs for this study would
continue to increase with no positive effect coming from it. Councilmember Robert,
•
Page 7 - City Council Minutes 04/28/98
seconded by Beaudet, moved to hire McGinley Associates to conduct a study on the
risk of NSP's fly ash. Carried 3 -2, Councilmembers Swenson and Turnquist voting
against.
G. Washington County notice to adopt youth tobacco ordinance - the Council said that
they were pleased that the county was adopting an ordinance. Oak Park Heights
passed a youth tobacco ordinance several years ago.
VII. Old Business:
A. Resolution approving the bid for construction of Neal Avenue /58th Street intersection
- Councilmember Turnquist, seconded by Swenson, moved to approve Tower
Asphalt's bid for the Neal Avenue /58th Street intersection installation. Roll call vote
was taken. Carried 5 -0.
B. Stillwater Ford sewer charges and assessments - Richard Kadrie of Stillwater Ford was
present to request that the utility connection charges be assessed over several years due
to financial hardship from lowered business during the frontage road reconstruction.
Kadrie said that this has been done in the past and he would like the same
consideration. Melena said that this has not been a past practice, and that it was only
• done once before with five properties, two which paid the full assessment up front.
Those were over five years at 7.5% interest. Kadrie said that Stillwater Ford thought
they needed to connect to the system, they did not know they could wait to hook -up.
Councilmember Turnquist, seconded by Beaudet, moved to table this until the May
12 Council meeting to allow staff time to compile information as to whether this has
been allowed in the past. Carried 5 -0.
C. Resolution adopting the 1998/1999 goals established from strategic planning workshop
- the Council held a strategic planning workshop on April 17 and determined ten goals
that the City will focus on for the next 18 months. Those goals are:
- Rezone state - acquired land to O -Open Space and have group planning/decision
making for new St. Croix River crossing bridge;
- Develop Kern Center and other commercial /industrial site in Oak Park Heights;
- Plan and acquire land for new wells;
- Complete planning for T.H. 36 and Osgood Avenue intersection;
- City to annex/buy DNR property;
- Complete design standards;
- Prepare plan for utility deregulation;
- Finish Comprehensive Planning;
• - Complete park projects; i.e. prairie restoration, trails, etc.;
- Complete 58th Street to Oakgreen Avenue and through to City Hall.
•
Page 8 - City Council Minutes 04/28/98
The Council thanked staff for all their work. Councilmember Turnquist, seconded by
Beaudet, moved to approve the strategic planning goals for 1998/1999. Roll call vote
was taken. Carried 5 -0.
D. Authorize hiring of a secretary for the Community Development Department - Melena
said that interviews have been conducted, and that staff would recommend hiring Julie
Hultman, the current Administrative secretary, as the Community Development
secretary effective as soon as a new secretary is hired for the Administration area.
Councilmember Swenson, seconded by Beaudet, moved to authorize hiring Julie
Hultman as the secretary for the Community Development Department. Carried 5 -0.
Closed Executive Session - Councilmember Turnquist, seconded by Swenson, moved to adjourn to
closed session to discuss annexation and bridge issues at 9:11 p.m. Carried 5 -0.
Adjournment:
Councilmember Swenson, seconded by Turnquist, moved to adjourn at 9:40 p.m. Carried 5 -0.
Respectfully submitted,
•
Melanie Mesko
Administrative Intern
•
• CITY OF OAK PARK HEIGHTS
BOARD OF REVIEW MEETING
TUESDAY, APRIL 21, 1998
5:00 P.M.
CALL TO ORDER: Mayor Schaaf called the annual Board of Review meeting to order at 5:00
p.m. Present: Councilmembers Beaudet, Robert and Turnquist. Staff Present: City
Administrator Melena and Administrative Intern Mesko. Absent: Councilmember Swenson.
Mark Swenson, 14846 Upper 55th Street North, decrease estimated market value $1,400.
Ray Reinhardt, 5800 Olinda Avenue North, decrease estimated market value $2,400.
Watson Centers, Inc., St. Croix Mall, decrease estimated market value $481,200.
Herbert Bohman, 14295 57th Street North, decrease estimated market value $1,800.
Robert Bement, 14290 Oldfield Court North, decrease estimated market value $3,600.
Shirley Green, Mae Prell, Annette Johnson, and Janet Robert's homes all remained the same
estimated market value.
Councilmember Beaudet, seconded by Turnquist, moved to approve the changes as presented.
Carried 3 -0, Councilmember Robert abstained.
•
Adjournment: Councilmember Turnquist,
seconded by Beaudet, moved to adjourn at 5:43 p.m.
Carried 4 -0.
Respectfully submitted,
Melanie Mesko
Administrative Intern
OAK PARK HEIGHTS
a CITY COUNCIL MINUTES, TUESDAY, APRIL 14, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:00 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator
Melena, City Attorney Vierling, City Planner Richards, City Engineers Anderlik and Shimon, and
Administrative Intern Mesko. Absent: None.
I. Approval of Agenda:
The following was changed on the agenda: 1) Item L of the Consent Agenda, authorization of
$100 expenditure for Our Future at Stake insert in the Chamber newsletter; 2) Discussion of
pending lawsuit was added for discussion in the Executive Closed Session. Councilmember
Beaudet, seconded by Swenson, moved to approve the agenda as amended. Carried 5 -0.
II. Department/Council Liaison Reports:
A. Parks - The next Parks meeting will be on Tuesday, April 21, 1998 at 6:30 p.m.
B. Cable - Councilmember Turnquist said that the Cable Commission will be having a
workshop on Monday, April 27 at 6:30 p.m. at Oak Park Heights City Hall.
• C. Water Management Organizations - Councilmember Beaudet said that the WMO
will next meet on May 14 at 7:00 p.m. at the Bayport City Hall. He also said that
the legislature allocated $650,00 for the reconstruction of the Perro Creek storm
sewer. The Council thanked Representative Holsten, Senator Laidig, Consultant
David Hozza, Bayport City Administrator Hartung, and Oak Park Heights
Councilmember David Beaudet for all their work on getting this project funded.
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to John
and Pam Sorenson of 5725 Newgate Avenue North for participating in the City's
recycling program on Thursday April 2, 1998.
Oak Park Heights Business Association - The next meeting will be on Wednesday,
April 22 at Joseph's Restaurant. The focus will be on an update of what the City
has been doing and what projects it is working on.
E. Bridge Report - Mayor Schaaf requested that this issue be discussed during Old
Business.
III. Visitors
Administrator Melena said that a resident, Pam Hamre of 13887 56th Street North, has
' requested that the City repair a swale in her yard. Melena said that the City had indicated
in the past that it would replace the swale, and he would recommend that this be honored
Page 2 - City Council Minutes 04/14/98
• with the understanding that this would be the last time. Melena said that authorization for
up to $300 is on Item N of the Consent Agenda and he would request approval from the
Council.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Workshop Minutes - March 24, 1998
C. Approve City Council Minutes - March 24, 1998
D. Resolution 98 -03 -32 - A Resolution Approving Abatement of Special Assessment
to Robert M. and Jean A. Ludwig
E. Acceptance of retirement of Public Works Director Roger Benson effective April
30, 1998
F. Approval of organizational plan/Public Works operations concepts
G. Authorization to hire Jay Johnson as temporary acting Public Works
Director/Engineer through September 30, 1998
H. Authorization to hire two Manpower employees to work in the Public Works
Department for 30 days
I. Authorization to fill secretarial position in Community Development area
J. Authorization to employ Manpower secretary through May 1, 1998
• K.
L. Acceptance of contract for Arborist services
Authorization of $100 expenditure for Our Future at Stake insert in the Chamber
newsletter - this item was pulled from the Consent Agenda
M. Strategic Planning update for April 17, 1998
N. Authorization of expenditure for final swale corrections
O. Authorization of release of $7,500 of escrow funds for As -Built surveys for Oak
Park Ponds plat by KTJ Limited Partnership Eleven
P. Renee Sorenson letter
Q. Set Party in the Park date for Sunday, August 9, 1998 at Brekke Park
R. Authorization to approve bid for Community Development office area
modifications
S. Authorization for staff to hire summer park attendants
T. Authorization for the purchase of trash containers for City trails and parks
Councilmember Robert pulled Item C, the City Council Minutes of March 24, 1998.
Mayor Schaaf pulled Item 0, the authorization of release of $7,500 of escrow funds for As-
Built surveys for Oak Park Ponds plat by KTJ Limited Partnership Eleven.
Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda
as amended. Roll call vote was taken. Carried 5 -0.
• Robert said that there were some name spelling corrections to be made in the minutes.
Page 3 - City Council Minutes 04/14/98
• Councilmember Swenson, seconded by Robert, moved to approve the minutes from March
24, 1998 as amended. Carried 5 -0.
Mayor Schaaf said that he wanted to make sure all conditions have been met before the
escrow money is released. Planner Richards said that he is continuing to work with
Oppidan regarding the lighting change. Attorney Vierling said that the conditions that
were set for the holding of this escrow have been met. Councilmember Turnquist,
seconded by Robert, moved to authorize the release of the $7,500 with a letter stating that
the City will not release other escrow funds until the development has been completed to
City standards and conditions. Carried 5 -0.
V. Public Hearings
A. Set public hearing for April 28, 1998 to review planning commission proposal and
receive draft documents.
Melena said that the latest changes have been implemented in the draft documents
for Council review. Councilmember Turnquist, seconded by Swenson, moved to
set the public hearing on April 28, 1998. Carried 5 -0.
• B. Set a public hearing for April 28, 1998 to review the mobile home ordinance
amendment and receive draft documents.
Councilmember Swenson, seconded by Beaudet, moved to set the public hearing.
Carried 5 -0.
C. Set a public hearing for May 12, 1998 to review proposal for Arby's /Sbarro
Councilmember Swenson, seconded by Robert, moved to set the public hearing.
Carried 5 -0.
D. Set a public hearing for May 12, 1998 for Economic Development Authority
authorization.
Administrator Melena said that the establishment of an EDA makes sense for City
projects, and the Council will be discussing this further at the May 5, 1998 Council
Work Session. Councilmember Turnquist, seconded by Robert, moved to set the
public hearing. Carried 5 -0.
E. Public Hearing for SuperAmerica's request for a proposed development, site plan
approval, rezoning, sign variance, CUP and PUD.
Page 4 - City Council Minutes 04/14/98
• Mayor Schaaf opened the public hearing at 7:30 p.m. Planner Richards said that
the application includes a request to split the lot into two separate lots for
SuperAmerica and Valvoline Instant Oil Change., and that he would recommend
the change on logical grounds.
Richards then outlined his recommendations to the plans:
* enhancement of green areas without affecting the traffic flow; overall
landscape plan should be improved;
* the number of signs proposed its more than City ordinance allows.
Richards would also suggest that a brick base be used on the pylon sign to
tie the development in with the rest of the area;
* Submittal and approval of the lighting plan.
There were questions as to the noise that would be generated from the proposed car
wash. Mike Cronin of SA said that the structure is entirely enclosed and that noise
should not be an issue.
Cronin also clarified that the lighting to be used are completely flat and cut off as
required by City ordinance. He then requested consideration to some of the issues
• brought up by the City Planner:
* Cronin agreed to install a brick base to the base of the sign;
* He also agreed with increasing landscaping, with a exemption to Richards'
suggestion to add landscaping to the areas where delivery trucks will park;
* Cronin also requested that the trash enclosure remain wood, as in SA's
proposal, rather than brick, as Richards had suggested.
Ann Wasescha, 5675 Newberry Avenue, had some concerns with the proposal that
she wanted addressed. She wondered why cream/white was proposed as the top
accent to the building. Council requested that SA blend the metal into the rest of
the building by painting it a similar color to the nearest brick, rather than leaving it
a cream/white color.
Wesescha also said that she felt the 6 different signs were excessive. She was then
concerned about the traffic flow with a 24 -hour service facility. Cronin assured
Wasescha and the Council that SA would do everything possible to alleviate any
concerns about traffic.. Wasescha then thanked Cronin and SA/VIOC for the
proposal, saying that overall it was a thoughtful plan that integrated well with the
surrounding area.
•
Page 5 - City Council Minutes 04/14/98
• Councilmember Turnquist, seconded by Swenson, moved to close the public
hearing at 8:31 p.m. Council reviewed the conditions outlined by Richards and
modified the following:
#7 - wording allowing for future review and restrictions if gas tank filling
operations become a problem to be added to the Conditional Use Permit;
#8 - Row end curb barriers need not be added to accommodate delivery trucks with
other landscaping done;
#15 and #16 - Choice between the monument sign at Neal Avenue and 58th Street
or Simek's and Supermom's signs on front of building;
#18 - Two canopy signs allowed;
#19 - Lighted logo stripe not allowed on the VIOC building;
#21 - Landscape plan to be submitted to the City Arborist for review;
#22 - Trash enclosure to be brick
Councilmember Turnquist, seconded by Schaaf, moved to authorize SA to choose
between conditions 15 and 16, allow for 2 canopy signs, and not allow the VIOC
barrel to be lit. Carried 3 -2; Councilmember Robert and Beaudet voting against.
• Councilmember Turnquist, seconded by Swenson, moved to approve the rezoning.
Carried 5 -0.
Councilmember Turnquist, seconded by Swenson, moved to approve the
Conditional Use Permit and Planned Unit Development. Carried 5 -0.
Councilmember Robert, seconded by Swenson, moved to approve the subdivision.
Carried 5 -0.
Mayor Schaaf adjourned for a 10- minute recess at 9:00 p.m.
VI. New Business:
A. Discussion and approval of City Hall modifications - Melena said that he would
request approval of the modifications for the Community Development area and the
heating and a/c improvements for the Council chambers without the canopy
improvements. Melena said that he felt that the canopy improvements were more
than the Council had originally indicated wanting. There was discussion about
what kind of canopy should be considered, whether a structural addition to the
building or an awning. Councilmember Turnquist, seconded by Swenson, moved
to approve the bids for the improvements of the Community Development area and
• heating and a/c improvements in the Council chambers to Nordling Construction at
Page 6 - City Council Minutes 04/14/98
• a cost of $65,000 with staff to further research the costs and options for awnings.
Carried 5 -0.
B. Washington County Engineering communication - Melena said that both
Washington County and he has met with Baytown on the Northbrook/Oakgreen
Avenue improvements.
C. Support of extension of 58th Street with the southern alignment option - Melena
said that this southern alignment is recommended by Staff to allow for both
commercial /industrial and residential development north and south of 58th Street.
There was discussion about the setback and berming for this development.
Councilmember Swenson, seconded by Robert, moved to approve the southern
alignment with a 50 foot setback. Carried 5 -0. Councilmember Turnquist
requested that staff arrange a meeting with the homeowners of the River Hills
Addition to discuss this proposal.
D. Order preliminary design and report from engineer on 58th Street extension -
Councilmember Swenson, seconded by Beaudet, moved to approve the design and
report from the engineer, with copies to be given to River Hills residents as soon as
• possible. Carried 5 -0.
E. Authorization to award street sweeping bid - Melena said that staff would
recommend St. Croix sweeping for the sweeping, hauling, and disposal of debris
from the City streets. The bid was $8,470 for 3 sweeps, $3,570 for hauling from
the three sweeps, and $1,500 for the disposal of the debris from the sweeps, with a
total cost of $13,540. Melena said that the first sweep will begin in approximately
2 weeks, with a second to follow approximately 2 weeks after that.
Councilmember Turnquist, seconded by Robert, moved to approve St. Croix
Sweeping at a total cost of $13,540. Carried 5 -0.
F. Authorization to award municipal mowing bid - Councilmember Turnquist,
seconded Beaudet, moved to authorize Green Touch for municipal mowing at a
cost of approximately $275.00 per mowing. Carried 5 -0.
G. Communication regarding patching of City streets - Councilmember Beaudet,
seconded by Swenson, moved to authorize Brockman Blacktopping to patch, seal,
and do general maintenance on the City streets. Carried 5 -0.
H. Request for authorization to install pop machines in City parks - due to concerns
• about vandalism and providing electricity to the machines, Councilmember
Page 7 - City Council Minutes 04/14/98
• Turnquist, seconded by Swenson, moved to deny the request to install soda
machines in the City parks. Carried 5 -0, request denied.
I. Update on the Prison Pond bonding bill - Councilmember Beaudet updated the
Council during the WMO update earlier in the meeting.
J. League of Minnesota Cities information and conference - the conference is from
June 16 through June 19 in Duluth.
K. Request authorization to install two "Children at Play" signs on 55th Street North,
between Oakgreen Avenue North and Novak Avenue - Councilmember Swenson,
seconded by Turnquist, moved to authorize the installation of signs. Carried 5 -0.
L. Discussion of Boundary Area Commission's April 17, 1998 meeting from 6:00
p.m. to 9:00 p.m. - Councilmember Beaudet said that the commission will be doing
an overview of the past 48 meetings in the first hour, with a workshop from 7:00
p.m. - 9:00 p .m. to explain 5 plans and allow attendees to caucus for the plan they
support the most. An opportunity to help plan and comment will also be on
Saturday from 10:00 a.m. to 5:00 p.m. The Council encouraged residents to attend.
Residents interested can get a packet of information from City Hall.
VII. Old Business:
A. Update on Kern Center report of storm sewer, road improvements, and possible
curb and gutter - Melena said that improvements with curb and gutter would cost
$55.00 per linear foot, and $45.00 per linear foot without curb and gutter
improvements. Melena also said that he thinks that a rural system without curb and
gutter would probably work best in this area.
B. Cost analysis for Osgood/Highway 36 intersection redesign - Melena said that road
improvements have been estimated at $365,000 and a streetscape plan would cost
approximately $1,650,00.
C. Bridge Update - Mayor Schaaf reported that the District Court has ruled in favor of
the National Park Service, the Sierra Club, Oak Park Heights, and other entities that
opposed the proposed bridge alignment. Schaaf said that the City thought the
court's decision was good, thorough, and decisive. Although there is a need for a
bridge, the City simply feels that a different alignment would better serve the traffic
needs. Mayor Schaaf then said that the City is hoping that a compromise solution
can be reached among all affected parties.
4
Page 8 - City Council Minutes 04/14/98
Closed Executive Session - Councilmember Turnquist, seconded by Beaudet, moved to adjourn to
closed session to discuss annexation and labor relations strategy at 10:15 p.m. Carried 5 -0.
Councilmember Swenson, seconded by Turnquist, moved to authorize the City Attorney's April
13 letter to the Metropolitan Municipal Board. Carried 5 -0.
Adjournment:
Councilmember Turnquist, seconded by Swenson, moved to adjourn at 11:02 p.m. Carried 5 -0.
Respectfully submitted,
Melanie Mesko
Administrative Intern
•
• CITY OF OAK PARK HEIGHTS
BOARD OF REVIEW MEETING
TUESDAY, APRIL 7,1998
5:00 P.M.
CALL TO ORDER: Mayor Schaaf called the annual Board of Review meeting to order at 5:00
p.m. Present: Councilmembers Robert and Swenson. Staff Present: City Administrator Melena
and Administrative Intern Mesko.
Shirley M. Green, 14416 55th Street North.
Ms. Green's valuation increased from $95,800 to $101,700, approximately 5 %. She felt
that this was too large of an increase. The assessor, Dave Steppen, explained that there is
a 4% inflationary increase in almost every home, and that Ms. Green would be able to
take advantage of both the senior citizens property tax relief as well as the one -time
property tax relief from the state.
Mae Prell, 5732 Peller Avenue North
Ms. Prell's home valuation increased from $93,200 to $98,800, approximately 3 %. She
also felt that the increase was too large. Mr. Steppen reminded Ms. Prell that she too can
take advantage of both the senior citizens property tax relief as well as the one -time
• property tax relief from the state.
Herbert Bohman, 14295 57th Street North
Mr. Bohman's valuation increased from $74,900 to $79,600. He said that with the
structural problems with the home, that this increase was too high. The assessor said that
the condition of the home has been taken into account with the determination of the
assessed value.
Annette and Roger Johnson, 6396 North Lookout Trail
This valuation increased from $144,800 to $148,600. Ms. Johnson said that there is a
structure built close on the west side of the house which should affect the assessment, as
well as the removal of a deck which has not been replaced. Ms. Johnson also said that
she objected to her home being classified as having a river view, when trees block the
view, they are not allowed to cut the trees, and MnDOT will not trim the trees. There
was discussion about the increase lot price for a lot with a river view.
Raymond Reinhardt, 5800 Olinda Avenue North
Mr. Reinhardt's valuation increased from $68,800 to $74,200, approximately 5.6 %. He
felt that his assessment was too high considering that half of his property is unbuildable
due to it being under power lines and his house is built on a slab. The assessor said that
the power lines have been considered in the assessment, but that they thought the house
• had a crawl space under it.
410 Page 2 - Board of Review 04/07/98
Councilmember Janet Robert, 6216 Lookout Trail North, objected to the classification of her
home having a river view.
Councilmember Mark Swenson, 14846 Upper 55th Street North, said that he no longer has a hot
tub and that should be removed from his valuation.
There will be another Board of Review meeting on Tuesday, April 21 at 5:00 p.m. If residents
receive the change they are requesting, they will be notified by mail. If there is no change
recommended to their classification, they will not be notified.
Adjournment: 5:55 p.m.
Respectfully submitted,
AA , e
Melanie Mesko
Administrative Intern
•
•
OAK PARK HEIGHTS CITY COUNCIL WORKSHOP
• TUESDAY, MARCH 24,1998
5:00 P.M.
Call to Order: The meeting was called to order at 5:00 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Swenson, and Turnquist. Staff Present: City Administrator Melena, City
Attorney Vierling, City Planner Richards, and Administrative Intern Mesko. Absent: Councilmember
Robert.
Meeting with Oakgreen Avenue/Baytown Township Residents
Mayor Schaaf explained that the City is planning on extending 58th Street from Norell
Avenue through to Oakgreen Avenue, where it would meet up with the island of homes that
are still part of Baytown. While there are two ways for the City to acquire the land, through
an ordinance by the City Council or through an orderly annexation agreement, the Council
wanted to meet with the residents to discuss the best way to handle this situation. An orderly
annexation with Oak Park Heights would allow for tax phasing concessions as well as other
ways to gradually phase in these property owners.
There was discussion about Washington County's plans for an Oakgreen Avenue upgrade, but
those improvements will probably not take place until 2001. The residents had several
• questions about the upgrade and what that would mean to their property. Administrator
Melena said that sewer and water would most likely be available by the end of 1998 for these
homeowners. There were also concerns about the right of way that would be needed and how
that may encroach on their property. While right of way will be needed, the current plans call
for a four lane road on Oakgreen to 58th Street, with a two lane rural system south of 58th.
There were also questions about the assessments. The City assured property owners that if
they owned a corner lot that they would not be assessed for both frontages. Residents
requested more information and staff was directed to provide sewer and water costs per linear
foot, to provide a comparison of the tax rates between Oak Park Heights and Baytown, and
an overall recap of the process that is being explored. Council suggested that property owners
contact the Baytown Board of Supervisors if they would like to see an orderly annexation of
this property into Oak Park Heights.
Chris Baldus of the Stillwater Gazette asked why Oak Park Heights is looking into annexing
this property and extending 58th Street. Administrator Melena said that it is a practical and
logical extension of this road. The land behind Wal -Mart, where the road will be extended,
will not develop without a road. There is also a public safety factor as well as a traffic pattern
factor to the extension.
The Council thanked the residents for attending and providing some feedback on this proposal.
•
Staff Updates Page 2 - Workshop Minutes 03/24/98
Melena said that he did not require staff to attend due to the 5:00 p.m. meeting.
The Council has been invited to the Chamber's annual banquet on Tuesday, April 7. The
Council will not be able to attend because they have the Board of Review hearing from 5:00 -
7:00 p.m. and then the Council Work Session at 7:00 p.m. Staff was directed to write a letter
to the Chamber thanking them for the invitation and explaining why they would not be able
to attend.
Melena also said that he received a preliminary sketch from the engineer's office regarding
the awning in front of City Hall. Council requested that Melena further research a cloth
awning rather than an entire structure as proposed by the engineer.
Melena said that staff is continuing work on the park dedication policy changes.
Adjournment:
Mayor Schaaf adjourned the workshop at 6:15 p.m.
Respectfully Submitted,
• r� r
L
Melanie Mesko
Administrative Intern
•
OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, MARCH 24, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:00 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Swenson, and Turnquist. Staff Present: City Administrator Melena,
City Attorney Vierling, City Planner Richards, City Engineers Anderlik and Shimon, and
Administrative Intern Mesko. Absent: Councilmember Robert.
I. Approval of Agenda:
The following was added to the agenda: 1) 'Approving $500.00 for the emergency management
needs for supplies and materials for the City of Oak Park Heights was added as Item L of the
Consent Agenda; 2) Update on the April 17 Goal Setting Session was added as Item F of Old
Business. Councilmember Beaudet, seconded by Swenson, moved to approve the agenda as
amended. Carried 4 -0.
II. Department/Council Liaison Reports:
A. Parks - Councilmember Beaudet reported that the Parks Commission is requesting
suggestions for youth group projects for the community this summer. Mayor
•
Schaaf suggested that the trails be cleaned up of debris and branches.
• Beaudet also said that the Parks Commission has recommended that the City
purchase trash containers for the trail system. Staff was directed to present
containers and prices at the April 14 Council meeting for approval.
There is still a vacancy on the Parks Commission, and the Council urged anyone
interested to call City Hall for more information.
Councilmember Swenson asked about the status of NSP repairing the entrance to
Valley View Park that they did not sufficiently do last year. Melena said that he
has spoken with NSP and been given assurance that this would be taken care of.
Melena and Swenson are going to walk the site so specific issues are addressed.
B. Cable - Councilmember Turnquist said that the refranchising of the cable is due in
August and the commission is continuing to negotiate the things they want for the
next franchise. Mayor Schaaf asked if it is standard to have fifteen year franchises,
and if the commission could negotiate a shorter franchise. Turnquist said that
fifteen years is an industry standard. Schaaf also asked if the franchise fee that the
City received is only from television broadcasts, because other cable uses could
increase dramatically in the next 15 years. Turnquist said that he would find out
the answer to that question.
Page 2 - City Council Minutes 03/24/98
• C. Water Management Organizations - Councilmember Beaudet said that the WMO
will next meet on May 14 at 7:00 p.m. at the Bayport City Hall. The Perro Creek
Storm Sewer Reconstruction bill is in a conference committee at the state
legislature to negotiate how much funding will be provided.
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to
Edward D'Agosto of 13898 56th Street North for participating in the City's
recycling program on Thursday March 19 1998.
Oak Park Heights Business Association - The next meeting will be on Wednesday,
April 1 at the St. Croix Mall. Administrator Melena will be speaking at the
meeting.
E. Bridge Report - Nothing to report.
F.
III. Visitors Transit Issues - Nothing to report.
11)
There were no visitors.
• IV. Consent Agenda:
A.
B.
C.
D.
E.
F.
G.
H.
J.
Approve Bills & Investments
Approve City Council Workshop Minutes - March 10, 1998
Approve City Council Minutes - March 10, 1998
Resolution 98 -03 -25 - A Resolution Designating the City's Mileage
Reimbursement Policy
Resolution 98 -03 -26 - A Resolution Allowing for City Hall Office Modifications to
be taken from the Capital Revolving Fund
Authorize staff to purchase equipment for font office area and copy /computer room
Street sweeping communication
Community development area modifications bids to be opened on April 10, 1998
I. Resolution 98 -03 -27 - A Resolution Authorizing the City Attorney to Obtain
Appraisals in Anticipation of Land Acquisition for 58th Street
Tentative April 7, 1998 work session agenda
K. Appointment of Gail Bush as Cable Commission Citizen Representative
L. Approve $500.00 for emergency management costs and materials for the City of
Oak Park Heights
Councilmember Turnquist pulled Item C, the City Council Minutes of March 10, 1998.
Councilmember Beaudet, seconded by Turnquist, moved to approve the Consent Agenda
as amended. Roll call vote was taken. Carried 4 -0.
Page 3 - City Council Minutes 03/24/98
• Turnquist said that he wanted the minutes to reflect that US West may have a difficult time
finding enough equipment to install because there are only a few companies that make the
wire that is needed. The minutes were amended to read, "While there is enough money to
do this, there is a concern ; ::. - ; • - - - ..: - - :. • - - - ; ; • ; , - ; • - - ; . because only
a few companies manufacture the wire needed."
Councilmember Turnquist, seconded by Beaudet, moved to approve the minutes from
March 10, 1998 as amended. Carried 4 -0.
V. Public Hearings
A. 429 Special Assessment Public Hearing for the 58th Street/Neal Avenue
Intersection Reconstruction
Mayor Schaaf opened the public hearing at 7:30 p.m. City Engineer Anderlik
described the plans for installing traffic signal and widening the street. Jim
McGovern, who works with developer Bob Brackey who owns part of this
property, questioned Anderlik about the price estimate increase since the last report
in June, 1997. Anderlik said that the estimate is the best available at this time and
the City will better know when the actual bids for the project come in.
• Councilmember Turnquist, seconded by Swenson, moved to close the public
hearing at 7:35 p.m. Carried 4 -0.
Councilmember Swenson, seconded by Beaudet, moved to approve Resolution 98-
03-30 - A Resolution Ordering Neal Avenue /58th Street Intersection Improvements
of 1998. Roll call vote was taken. Carried 4 -0.
B. Rezoning request and development plat request for Stillwater Ford.
Mayor Schaaf opened the public hearing at 7:36 p.m. Richard Kadrie from
Stillwater Ford was present to answer any questions the Council may have about
the request.
City Planner Richards said that this application was basically a housekeeping on
this property, and that absent concerns from the City Engineer or Attorney, he
would recommend approval. Councilmember Swenson, seconded by Turnquist,
moved to close the public hearing at 7:45 p.m. Carried 4 -0.
Councilmember Swenson, seconded by Turnquist, moved to approve the rezoning
and development plat request by Stillwater Ford. Roll call vote was taken. Carried
4 -0.
• VI. New Business:
Page 4 - City Council Minutes 03/24/98
• A. Public Informational Meeting regarding Kern Center sewer, water, and road
improvements - Mayor Schaaf said that the City called this meeting to talk with
property owners in the affected area before sewer and water is installed.
Administrator Melena said that the costs for these improvements would be
approximately $475,000, with an additional $300,000 to $400,000 for the
installation and upgrade of roads. Melena suggested that the City compromise with
property owners so that immediate hook -up is not necessary so people can continue
to use their septic systems if they are still operational. He also suggested a 15 year
special assessment at 1% over issuance on the improvements, with a tax phase in
over 6 years.
Ray Kennedy, 5635 Memorial Avenue, was present to express his disappointment
that the issues discussed between the Council and the property owners last fall will
not be honored. He said that many of the tenants located in the affected business
area are start-ups which would really struggle with the lease increases.
Joe Kohout, 5595 Memorial Avenue, said that a phase in would really help the
businesses adjust to the increase. He also questioned the road improvements. He
said that he was under the assumption that that road was to remain as an
unimproved road. Both the engineer and the one property owner, John Low, said
• that this improvement has not been seriously discussed. The Council thanked
Kennedy and Cohout for coming in and said that the City will continue dialogue
with property owners regarding any proposed improvements.
B. Resolution 98- 03 -29- A Resolution Authorizing the Execution of a Joint Powers
Agreement to receive federal HOME funds - Councilmember Turnquist, seconded
by Swenson, moved to approve Resolution 98- 03 -29. Roll call vote was taken.
Carried 4 -0.
C. Authorize staff to hire a computer consultant - Melena said that this request was
due to the desire to implement an integrated system rather than upgrading piece-
meal. Councilmember Swenson, seconded by Turnquist, moved to authorize hiring
a computer consultant with staff to report back to the Council the fund source.
Carried 4 -0.
D. Resolution 98 -03 -28 - A Resolution Authorizing the Installation of stop signs at
Osman Avenue North at 57th Street and Osman Avenue North at Upper 56th Street
in the City of Oak Park Heights - Councilmember Turnquist, seconded by Swenson
moved to approve Resolution 98- 03 -28. Roll call vote was taken. Carried 4 -0.
410 VII. Old Business:
Page 5 - City Council Minutes 03/24/98
• A. Update Report on Correctional Facility hydrant use request - City Engineer
Anderlik said that the current main would not be able to handle 1,000 gallon per
minute the correctional facility is requesting. Staff was directed to do an analysis
of the utility operations to see if this request could be satisfied in the future.
B. Update on Perro Creek Stormwater Reconstruction Project - The bill is being
negotiated in the legislative conference committee
C. Presentation of base, address, and land use maps of Oak Park Heights - The City
Engineer gave a copy of each map to each Councilmember and the City
Administrator, with more maps ordered.
D. Request to maintain Oxboro Avenue North in the East Oaks Development -
Because the City does not own the street, there was discussion on whether to
approve the request for snow removal on this street. There was discussion about
giving the name of the City's contractor to the association and the possibility of
pass - through pricing. There was also discussion about the City's liability. Staff
was directed to explore some options for this request and report back to the
Council.
• E. Planning Commission Update - Melena said that information was included for the
Council's review. This will be discussed at the April 7 work session and a public
hearing will be held at the April 14 Council meeting. There was discussion about
per diem for City commissioners. Councilmember Turnquist said that no other
local community pays per diem for their commissions.
F. Update on April 17 Goal Setting - Melena said approximately 20 people have been
invited and he would suggest that Ann Wasescha from the Autumn Ridge
neighborhood and Liz Swiersz from business community be invited. Mayor Schaaf
also requested that George Vogt from Sunnyside be invited. Councilmember
Turnquist, seconded by Beaudet, moved to invite those additional people to the
April 17 Goal Setting.
Adjournment:
Councilmember Beaudet, seconded by Turnquist, moved to adjourn at 8:30 P.M. Carried 4 -0.
Respectfully submitted,
°I taCatU jt, X1
Melanie Mesko
• Administrative Intern
■
OAK PARK HEIGHTS CITY COUNCIL WORKSHOP
TUESDAY, MARCH 10, 1998
III 5:00 P.M.
Call to Order: The meeting was called to order at 5:03 p.m. by Mayor Schaaf. Present: Councilmembers
Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator Melena, Finance Director Holst,
Police Chief Swanson, Public Works Director Benson, City Attorney Vierling, City Planner Richards, and
Administrative Intern Mesko.
I. Staff Reports
A. Administration/Finance
1. Administrator Melena said that there will be a meeting with MnDOT on Tuesday, March 17
at 1:00 p.m. at the Oakdale office to discuss the Highway 36 /Osgood Avenue intersection
redesign proposals that the City engineers have prepared.
2. The depositions for the Vidana lawsuit will be held Thursday, April 16, 1998 at City Hall.
3. City Planner Richards said that he would request that the SuperAmerica Public Hearing be
scheduled for the April 14 meeting in order to give staff time to further review the proposal and
meet with SA representatives prior to a Council meeting
4. City Attorney Vierling said that the City Administrator is considered the :responsible" authority
from which to request data practices information. Therefore, a letter to a mayor from James
Kellison concerning bridge funding must instead be addressed to and answered from Melena.
Vierling said that if a councilmember or the mayor does answer a data practices question, there
• is the assumption that that person had full access to all City information, which may not be the
case. Nominal copying and administrative costs should also be applied to these requests.
B. Police
1. Police Chief Swanson said that he would recommend that the Council deny a request for a
liquor license for a wedding at Valley View Park. The City Ordinances prohibit alcohol at city
parks, and Swanson said that he did not support an ordinance change. There was some
discussion about whether or not to amend the City Ordinances to allow for liquor permits.
Council decided to deny the request based on City Ordinance prohibiting alcohol in City Parks
and not to further consider amending the ordinance.
2. The Safe and Sober campaign will be running from May 1 - May 31, 1998, with the focus on
youth prevention. The police department is planning a mock crash on Thursday, May 8, two
days before prom, at the Stillwater Area High School. Council congratulated the police for
sponsoring this event. Staff was directed to notify all local media to publicize this event.
3. Swanson also wondered about the status of a crosswalk at Osgood Avenue by the Raymie
Johnson Estates. Swanson said that with the increased development, he was concerned with
people trying to cross Osgood. Staff was directed to send a letter to Washington County Public
Works and formally request that a crosswalk be installed at this location.
C. Public Works
1. Public Works Director Benson said that the pedestrian crossing signs have been received and
• will be installed on Oldfield Avenue North.
Page 2 - Workshop Minutes 03/10/98
• 2. Administrator Melena said that he met with Jack Krongard to discuss several issues regarding
the Valley View Estates development. Melena said that an agreement was made with Krongard
over several of the issues, including the easement on Osgood and the installation of beehives.
There is another issue of the rock swayle and the debris that runs off of it. Councilmember
Robert said that she would also like Krongard to fix the southeast corner of the ravine where
erosion has occurred because Krongard did not sod past the property line as he was supposed
to.
D. Community Development
1. Melena said that he has met with NSP to discuss some development concerns and the letter
from the City regarding NSP's plan for fly ash use. He suggested that NSP be invited to the
May 5, 1998 Council Work Session. Melena also said that NSP is willing to transfer to
transmission charges rather than the property tax which they currently pay. That would ensure
that any company that provides energy to Minnesota will have to pay the same fees whether
based in or outside the state. City Attorney Vierling said that he has received a call from the
MPCA indicating that they will probably not grant the time extension for the public comment
period of the fly ash permit as requested by the City. Staff was directed to schedule a meeting
between NSP and the MPCA.
2. Melena also said that NSP will take another look at the entrance of Valley View Park to
determine if it will replace the sod where it did some work last summer.
3. City Planner Richards said that the Council has received another copy of City Attorney
• Vierling's memo regarding establishing a planning commission. Richards also said that the
deadline for the 90 day mobile home moratorium extension expires in April. He requested
direction from the Council as to how they would like to proceed. Council requested that this
issue be added to the March 24 Council meeting to establish a public hearing as well as be
discussed at the April Work Session.
4. There was discussion about whether the Council was still interested in Presbyterian Homes
purchasing the land south of 58th Street for a assisted living campus. Staff was directed to
contact Presbyterian Homes and inform them of the changes that have occurred since the
preliminary annexation ruling.
5. Staff was directed to add discussion on the City's building and fire code to the May or June
Work Session to consider revisions to include the annexed areas.
6. Staff was directed to ask the City Engineer whether to use the normal high water mark or the
100 -year elevation level for buffer zones.
Adjournment:
Mayor Schaaf adjourned the workshop at 6:08 p.m.
Respectfully Submitted,
1
• Melanie Mesko
Administrative Intern
OAK PARK HEIGHTS
• CITY COUNCIL MINUTES, TUESDAY, MARCH 10,1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:01 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator
Melena, City Attorney Vierling, City Planner Richards, City Engineers Anderlik and Shimon, and
Administrative Intern Mesko.
I. Approval of Agenda:
The following was changed on the agenda: 1) Item G of the Consent Agenda was pulled.
Councilmember Beaudet, seconded by Turnquist, moved to approve the agenda as amended.
Carried 5 -0.
II. Department /Council Liaison Reports
A. Parks - Administrator Melena reported that Police Chief Swanson recommended
denial of the liquor license request for a wedding in Valley View Park.
Councilmember Turnquist, seconded by Swenson, moved to deny the request.
Carried 5 -0.
II. Robert said that the Garden Committee has started the perennial seeds at the Cover
Park warming house. She clarified that not a lot of electricity will be used for the
greenhouse; the intent is to just to provide a constant temperature for the seeds to
grow.
B. Cable - Councilmember Turnquist said that Citizen Representative Doug Bergmann
has resigned from the Cable Commission. The Council thanked Bergmann for his
time and involvement with the Cable Commission. Turnquist also said that a
representative of US West has indicated a desire to equip all franchises with the
equipment needed within the next three years. While there is enough money to do
this, there is a concern about having the equipment installed in a timely fashion
because there are only a few companies with the ability to string the wire needed.
C. Water Management Organizations - Councilmember Beaudet said that the WMO
will meet again on Thursday, March 12, 1998 at 7:00 p.m. at the Bayport City Hall.
Beaudet also said that the Senate has authorized $300,000 for the prison pond
reconstruction, while the House has allocated $1,000,000. The final figure will be
determined in conference committee.
D. Recycling Award - Administrative Intern Mesko awarded a $25.00 check to Steve
Germsheid of 14211 Upper 54th Street North for participating in the City's
recycling program on Thursday, March 5, 1998.
Page 2 - City Council Minutes 03/10/98
• E. Oak Park Heights Business Association - The association will next meet on
Wednesday, April 1 at 7:30 a.m.
F. Bridge Report - Nothing to report.
G. Transit Issues - Councilmember Robert said that the Met Council has gone out for
Requests for Proposals for the transit redesign. She said that the Met Council has
not changed the routes much despite community input.
III. Visitors
There were no visitors.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Workshop Minutes - February 24, 1998
C. Approve City Council Minutes - February 24, 1998
D. A Resolution Allowing the Oak Park Heights Garden Committee to Use Cover Park
Warming House as a Greenhouse.
E. A Resolution Changing Street Addresses.
F. A Resolution Authorizing Consultant David Hozza to Complete Lobbying for the
• Perro Creek Storm Pond Reconstruction Funding.
G. Set a Public Hearing for Tuesday, March 24, 1998 at 7:30 p.m. to review the request
by SuperAmerica for a gas station.
H. A Resolution Approving Plans and Specifications and Ordering Advertisements for
Bids Affecting Neal Avenue /58th Street Intersection Improvements of 1998.
I. A Resolution Receiving Preliminary Report and Calling for Public Hearing on Neal
Avenue /58th Street Intersection Improvements of 1998.
J. Set a 429 Public Hearing for the 58th Street Neal Avenue Intersection
Reconstruction on Tuesday, March 24, 1998 at 7:30 p.m.
K. Set a 429 Public Hearing for the Kern Center sewer, water, and road improvements
on Tuesday, March 24, 1998 at 7:30 p.m.
L. Set a Public Hearing for the rezoning request and development plat request from
Stillwater Ford on Tuesday, March 24, 1998 at 7:30 p.m.
M. Approve the bid to hire a cleaning service for City Hall.
N. Approve the memorandum of agreement establishing terms and conditions of
employment for the Data Entry /Accounting I Clerk.
O. Set a strategic planning session for Friday, April 17, 1998 from 8:00 a.m. to 4:00
p.m. at the Bayport Marina.
P. Award City Hall roof repair bid.
•
Page 3 - City Council Minutes 03/10/98
• Administrator Melena recommended that Items G and M be pulled from the Consent
Agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the Consent
Agenda as amended. Roll Call vote. Carried 5 -0.
Councilmember Turnquist, seconded by Beaudet, moved to change SuperAmerica's Public
Hearing to Tuesday, April 14 to give staff time to review the plans and prepare a report.
Carried 5 -0.
Administrator Melena said that staff recommends that Mary's Maids be awarded the
cleaning service bid. Councilmember Robert, seconded by Beaudet, moved to approve
Mary's Maids as a cleaning service for the City Hall. Carried 5 -0.
V. Public Hearings
A. Consideration of Amending Ordinance 305. Sections 305.01 through Sections
305.11, An Ordinance Regulating Individual Sewage Treatment Plants.
Mayor Schaaf opened the public hearing at 7:35 p.m. City Attorney Vierling said
that this change would simply make the City's regulations uniform with the
County's. Councilmember Turnquist, seconded by Swenson, moved to close the
public hearing at 7:40 p.m. Councilmember Swenson, seconded by Robert, moved
• to approve the changes to Ordinance 305. Roll call vote was taken. Carried 5 -0.
B. Consideration of Amending the Zoning Ordinance to add a B -3 Business District.
Mayor Schaaf opened the public hearing at 7:41 p.m. City Planner Richards said
that a B -3 zoning would be slightly more restrictive than a B -2, with Conditional
Use Permits being required for certain developments. Richards said that this is just
a proposal for the Council to consider regarding providing additional freedom in
rezoning from O -Open Space.
Rollie Crawford, representing Bob Brackey, was present to oppose the zoning
change as worded. Crawford said that he felt the language and standards could be
construed as arbitrary. Crawford also said that this could be defined as spot zoning
of this property located near Oak Park Ponds.
John Dwyer, 5680 Newberry Avenue North, said that he liked that the Council was
taking a proactive approach for developments. He said that he supported efforts to
orient business fronts away from 58th Street and establish buffers between
residential and business properties. Councilmember Swenson, seconded by
Turnquist, moved to close the public hearing at 8:13 p.m. Carried 5 -0.
Page 4 - City Council Minutes 03/10/98
• Councilmember Turnquist said that he liked the option of another zoning district to
give the City more options in rezoning. There was discussion as to whether the
Council supported another zoning option as well as what another district would
mean for future development. Staff was directed to meet with both residents and
developers to get some feedback regarding this proposal before the March 24, 1998
Council meeting.
Mayor Schaaf recessed at 8:25 p.m. Mayor Schaaf reconvened the Council at 8:35 p.m.
VI. Old Business:
A. Workshop Action Item (future process)- Without objection, Mayor Schaaf ordered
staff to continue preparing after - meeting action agendas.
B. Planning Commission - City Planner Richards said that there are pros and cons to
establishing a planning commission, and the Council will have to decide how it
wants to organize and oversee a planning commission if they decide to establish one.
There was discussion about whether the Council even wanted to continue discussing
this possibility. City Attorney Vierling said that the ultimate authority remains with
the Council. The Council continued to discuss the issues that need to be addressed
before a Planning Commission could be established. Administrator Melena
• suggested that staff be directed to further organize and integrate Council's ideas to
bring to the March 24 Council meeting. Councilmember Swenson, seconded by
Robert, moved to establish a planning commission. Carried 4 -1, Councilmember
Beaudet voting against. Councilmember Turnquist, seconded by Swenson, moved
to establish a public hearing for Tuesday, April 14, 1998 at 7:30 p.m. to further
discuss zoning amendments and a planning commission ordinance. Carried 5 -0.
VII. New Business:
A. Authorize staff to purchase equipment for the Council chambers - Administrator
Melena said that this included a consultants table and a podium that will match the
style and color of the Council dais. Councilmember Turnquist, seconded by
Swenson, moved to allow staff to purchase new table and podium for City Hall
Council Chambers. Carried 5 -0.
B. Authorize staff to purchase equipment for the office area - Councilmember
Swenson, seconded by Schaaf, moved to authorize the purchase of new office
equipment. Carried 5 -0.
C. Resolution 98 -03 -17 - A Resolution Authorizing Staff to Hire an Economic
Development Consultant - Melena said that he would recommend Mark Lieferman
be hired as the City's Economic Development Consultant. Lieferman has worked
for several Minnesota cities, including Mankato and North Branch. Councilmember
Page 5 - City Council Minutes 03/10/98
Turnquist said that he was concerned that there wasn't a time limit or review
mentioned in hiring Lieferman. Melena said that he would recommend a 30 day
employment termination notice by either side with a six month evaluation in the
memorandum of understanding between Lieferman and the City.
Councilmember Turnquist, seconded by Beaudet, moved to hire Mark Lieferman as
the City's economic development consultant. Roll call vote was taken. Carried 5 -0.
D. Tentative approval of the Teamsters supervisors union contract - Melena said that
staff and the union have reached a contract proposal that he would strongly
recommend that the Council approve. Included is Public Works Director Roger
Benson's retirement package, to take effect May 1, 1998. The Council thanked
Melena and Jim Lammers for all their work in negotiating a contract.
Councilmember Swenson, seconded by Robert, moved to approve the Teamsters
supervisors union contract. Carried 5 -0.
E. Authorize staff to go out for bids for Oak Park Heights parks and municipal property
mowing - Councilmember Turnquist, seconded by Beaudet, moved to authorize staff
to go out for bids for municipal grass mowing for 1998. Carried 5 -0.
F. Set a Public Hearing to discuss Baytown Island/Oakgreen Avenue property
annexation - Mayor Schaaf said that he would like to have a workshop with property
owners to discuss any future annexation of the Baytown island into the City. Staff
was directed to invite property owners to a workshop on March 24 at 5:00 p.m.
G. Resolution 98 -03 -18 - A Resolution Authorizing Oak Park Heights Police to
conduct a safety camp with Bayport Police - Councilmember Swenson, seconded by
Robert, moved to authorize the safety camp cooperation with Bayport. Roll call
vote was taken. Carried 5 -0.
Staff was directed to contact the Met Council in regards to extending the MUSA line in the
annexation area.
Adjournment:
Councilmember Turnquist, seconded by Swenson, moved to adjourn at 8:59 P.M. Carried 5 -0.
Respectfully submitted,
Melanie Mesko
Administrative Intern
OAK PARK HEIGHTS
• CITY COUNCIL MINUTES, TUESDAY, FEBRUARY 24,1998
4:30 WORKSHOP
Call to Order: The meeting was called to order at 4:33 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, and Turnquist. Staff Present: City Administrator Melena,
Finance Director Hoist, Police Chief Swanson, Public Works Director Benson, City Attorney
Vierling, City Planner Richards, and Administrative Intern Mesko. Absent: Councilmember
Swenson.
Wetland Stormpond Setbacks Presentation - Molly Shodeen from the DNR. Ms. Shodeen was
present at 5:00 p.m.
City Planner Richards said that there is limited wetland/shoreland areas in the City, and
Oak Park Heights has adopted the DNR setback regulations by ordinance. There was a
question as to whether the Council would like to adopte stricter guidelines.
Ms. Shodeen said that the DNR does not require setbacks if there are no alterations to the
bed of the wetland. An ordinaery high water determines where the bed of the wetland is,
and that is calculated on a case -by -case basis. Ms. Shodeen also said that the DNR does
not regulate every wetland in the state, those areas not covered by the DNR are protected
• by the 1991 Wetland Conservation Act. Most of Oak Park Heights is not considered
protected wetland areas.
Councilmember Robert said that she wanted to address this issue because she had some
concerns about both past development and way to mitigate in the future. She said that she
felt the Menards building was too close to the wetland and would like to consider
establishing guidelines for setbacks to address this in the future. Robert also said that she
felt the City did not require enough setback in the southeast corner of the Autumn Ridge
development. When initially developed, the area was envisioned as an area in which to put
a trail. But the water level has risen around that wetland to the point where the
construction of a trail is no longer feasible. Finally, Robert said that in the new annex park
area, she would like to see the City take land that isn't protected as park dedication so the
City will be able to use it.
City Planner Richards said that increased water levelss cannot always be anticipated, which
is how the ordinary high water mark is determined, and that the City may want to consider
establishing regulations based on flood levels of the water body.
Ms. Shodeen said that the DNR protects basins through the ordinary high level mark,
although they can determine the flood levels by the vegetation growth around the wetland
basin. She also said that a lot of communities have established wetland buffer ordinances.
Shodeen then said that the City of Oakdale is actively looking into developing natural
corridors and encouraging current natural corridors by limiting development and
establishing buffer zones which begin at the structure instead of the structure setback being
the sole buffer zone.
Page 2 - Workshop Minutes 02/24/98
111
There was discussion about how these issues may be different if the City had adopted a
buffer ordinance in the past. City Planner Richards said that the City should carefully
consider sloping issues and the level areas for trail development when weighing the
establishment of these regulations.
Councilmember Robert said that she would like a chance to further review the material
provided and would like to know how many wetlands are in the City of Oak Park Heights.
Administrator Melena suggested that the Council add this issue for discussion at the April
Council Work Session. City Planner Richards was directed to provide the Council with
more examples of setback ordinances from other cities in the metropolitan area.
The Council further discussed the City's policy for parkland dedication. City Planner
Richards said that he would encourage the City to receive land rather than a cash donation
from developers. City Attorney Vierling said that the City has not received much in cash
park dedication and that the Council revisit the City's formula for determining park
dedications.
II. Staff Reports
A. Administration.
City Administrator Melena said that Bill Kane stopped by City Hall to complain
• that Mary Stenfors was violating the conditions of her Home Occupation Permit.
Council also discussed the application for a kennel permit. Councilmember
Turnquist said that he felt this was an administrative matter that could be handled
by staff. Administrator Melena agreed aht this was an issue that is generally taken
care of without adding to the Council agenda.
Melena distributed a copy of the City's investments to the Council and said that
they would be receiving periodic updates to remain informed on the investments
that the City is involved with. Melena also said that Finance Director Hoist will be
done with the final 1997 budget by mid - March. Melena said that the City is
financially sound.
Hoist said that she has received a bill from the PAR Group, and the expenses
exceeded the original cost estimate by approximately $1,300. Mayor Schaaf
recommended that payment be added as Item L of the Consent Agenda.
B. Police.
Police Chief Swanson said that he has been contacted by the Bayport Police Department
about conducting a joint safety camp. Swanson said that he had planned a bicycle safety
camp for this summer, but that he would support working with Bayport on this. It would
• be a two -day camp, alternating between Bayport and Oak Park Heights each year.
Swanson also said that each City will be solicitating businesses to help fund the program.
The camp is set for June 16 and 17 for children between the first and fourth grades.
Page 3 - Workshop Minutes 02/24/98
• Chief Swanson said that the police did respond to Bill Kane's complaint from Sunday
night. An officer did check on Ms. Stenfors' home, and Ms. Stenfors said that she was
cutting hair for a neighbor free of charge as a favor. Chief Swanson said that he beleived
Ms. Stenfors. Council directed staff to write a letter to Ms. Stenfors reminding her of the
conditions for her Home Occupation License.
3. Public Works.
A. Public Works Director Benson suggested that the Council may want to consider
establishing guidelines for sprinkling systems for future developments to avoid the
problems that have arisen out of the Valley View Estates. Benson said that there are
several associations in the development, but some are sharing water meters, which is
causing some concerns about the ways the bills should be split amoung associations. City
Attorney Vierling said that the City can raise the issue with the developer prior to
development as well as make sure that if multiple housing developments do use sprinkling
systems, thhat they are in compliance with the City's water conservation ordinance which
regulates sprinkling.
Councilmember Turnquist said that the drainage issues at Valley View still have not been
addressed and he has received several calls from members of the multiple associations in
Valley View with concerns. City Attorney Vierling said that the problems the
associations are having are between the associations and the developer. Unless there is a
• direct problem that affects the City, the City should not become involved.
D. Community Development.
Adminstistrator Melena said there wasn't anything specific that he would like to discuss
under this subject, but that he would be addressing development issues here in the future.
Councilmember Turnquist questioned whether the City is still interested in considering
Presbyterian Homes' proposal for a 120 -acre assisted - living campus in light of the fact
that the Metropolitan Municipal Board has ruled preliminarily to grant Oak Park Heights
only the commercial area from the contested Screaton/Kern Center Annexation petition.
The land that Presbyterian Homes is looking at would be the only large space of land
zoned residential in the City. The Counil discussed this issue as well as the DNR
property.
Adjournment:
Mayor Schaaf adjourned the workshop at 5:55 p.m.
Res s ectfully Submitted,
jteg60
Melanie Mesko
• Administrative Intern
• OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, FEBRUARY 24, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:00 p.m. by Mayor Schaaf. Present:
Councilmembers Beaudet, Robert, and Turnquist. Staff Present: City Administrator Melena,
Finance Director Holst, City Attorney Vierling, City Engineer Anderlik, and Administrative
Intern Mesko. Absent: Councilmember Swenson.
I. Approval of Agenda:
The following was added to the agenda: 1) Approving the payment for the additional
expenses for the PAR Group's executive search was added as Item L of the Consent
Agenda; 2) Approving an additional twelve hours for City Consultant David Hozza to lobby
for the Perro Pond reconstruction bill at the legislature was added as Item M of the Consent
Agenda. Councilmember Robert, seconded by Beaudet, moved to approve the agenda.
Carried 4 -0.
II. Staff Reports:
Parks - Administrator Melena reported that the Parks Commission has recommended
that the Garden Committee be allowed to use the Cover Park warming house as a
• greenhouse this spring. Councilmember Turnquist, seconded by Robert, moved to
approve this request. Carried 4 -0.
Melena also said that NSP has submitted a map identifying the areas under the power
lines where they will be trimming trees. NSP has said that they will not do total
ground clearing and that they have provided a name and phone number of the
company doing the work if there are any questions. NSP has also said that they will
be talking with the neighbors in the affected areas to ensure that NSP does not
remove too much shielding material.
Councilmember Robert said that she had some concerns about the three westernmost
areas identified, which are City -owned areas. Melena said that the City cannot stop
NSP, but they can try and work with them to prevent unsightly results. Melena said
that because NSP wanted to avoid concerns that had been raised after the last
trimming, they were trying to be proactive with the citizens and the City.
Staff was directed to send a letter requesting that an herbicide be applied to the locust
trees after trimming and expressing the Council's gratitude that NSP and Wright Tree
Service worked with the City prior to the trimming beginning.
•
• Page 2 - City Council Minutes 02/24/98
Cable - Councilmember Turnquist said that he was appointed as the Commission's
chairman at the annual meeting on February 18. During the regular cable meeting
which followed, Turnquist said that the Commission spent most the meeting
discussing complaints received concerning a program that was broadcast on cable.
Mayor Schaaf thanked Turnquist for all the work he has done on the Cable
Commission and congratulated him on being appointed chairman.
Water Management Organizations - Councilmember Beaudet said that the WMO will
know be the end of the week whether the reconstruction of the Perro Pond storm
sewer system will be included in the Corrections bonding bill. Beaudet commended
Consultant David Hozza on all the work he has done on this project. The next
meeting will be on March 12, 1998 at 7:00 p.m. at the Bayport City Hall.
Recycling Award - Administrative Intern Mesko awarded a $25.00 check to Jeff
Lanning of 5702 Penrose Avenue North for participating in the City's recycling
program on Thursday February 5, 1998.
Oak Park Heights Business Association - Councilmember Turnquist said that the next
scheduled meeting should be for Wednesday, March 4, however, he was not sure if
there was going to be a meeting on that date. The Council discussed addressing the
Highway 36 /Osgood Avenue intersection redesign with the local business owners.
Staff was directed to contact Greg Perke of the association to find out if there is a
meeting and topic for the March meeting. If there is not a topic, staff was directed to
suggest the intersection redesign.
Bridge Report - City Attorney Vierling said that the Council will be discussing the
bridge during the Executive Session.
Transit Issues - The Council received a reply to the letter that was sent to the
Metropolitan Council requesting that the public comment period be extended and that
a non -rider survey be conducted. Elaine Bauer of the Met Council said that she has
recommended that the comment period not be extended because of the tight time
frame to implement the redesign plan by September 1998. She also said that the Met
Council conducted a non -rider survey in September 1997. Councilmember Beaudet
said that there is a welfare -to -work study examining how public transportation needs
will be altered due to the changing welfare regulations which will require people to
work. He suggested that the Met Council may want to review this information for
their redesign plan. Councilmember Robert said that the Met Council only allowed
six months for the completion of the redesign project, and cities were not notified
• Page 3 - City Council Minutes 02/24/98
adequately. Robert said that she wasn't aware of the project until two months after
its beginning.
III. Visitors
There were no visitors.
IV. Consent Agenda:
A. Approve Bills & Investments.
B. Approve City Council Workshop Minutes - February 10, 1998.
C. Approve City Council Minutes - February 10, 1998.
D. Resolution 98 -02 -15 - A Resolution Approving Gambling License for Ducks
Unlimited.
E. Resolution 98 -02 -16 - A Resolution Approving Gambling License for Whitetails
Unlimited
F. Approve Final Payment for 58th Street Improvements.
G. Approve Payment 2 for Brackey West Addition Utility and Street Improvements.
11111 H. Approve the hiring of Part-Time Finance Position.
I. Set a Public Hearing Date for March 10, 1998 at 7:00 p.m. to Consider Amending
Sections 305.01 through 35.11 to change the Regulation of Individual Sewage
Treatment Systems.
J. Update on Winter /Spring Newsletter.
K. Apreement with Oak Park Ponds and Addition Plot.
L. Approve the Exspense Payment to the PAR Group for hte Executive Search.
M. Approve up to twelve house for Consultant David Hozza to Lobby on behalf of
the City for the Prison Pond Storm Sewer Reconstruction.
Councilmember Robert pulled Item C, the City Council minuets of February 5, 1998.
Councilmember Turnquist, seconded by Robert moved to approve the Consent
Agenda as amended. Roll call vote was taken. Carried 4 -0.
Robert said that she wanted to clarify that the issuance of building permits to the
Burger King were contingent upon the approval of the lighting and landscaping
plans. The minutes were changed to read, "2. The issuance of a building permit will
be contingent upon rcccipt approval of the lighting and landscaping plans."
•
i Page 4 - City Council Minutes 02/24/98
Councilmember Beaudet, seconded by Robert, moved to approve the minutes from
February 10, 1998 as amended. Carried 4 -0.
V. Public Hearings
There were no Public Hearings.
VI. Old Business:
A. Preliminary Ruling from the Municipal Board - Administrator Melena
explained that the MMB has ruled 3 -1 preliminarily to grant the commercial
land on the east side of the ravine down to 55th Street and then over to the
east current boundary of Oak Park Heights. The other property was granted
to Lake Elmo. The date for the final decision is April 3, 1998.
B. NSP Fly Ash Use - Discussion of Resolution - Councilmember Beaudet said
that NSP is requesting authorization to use fly ash for stabilization, although it
is not clear where and exactly how it is to be used. Beaudet requested that the
public comment period be extended to further examine the effect of heavy
metals such as mercury, lead, and melindium that are found in the fly ash.
III The MPCA will not extend the public comment period, which is to expire
March 6, unless it receives a written request by the City to do so. Both
Councilmembers Beaudet and Robert expressed concern about using fly ash
for this purpose because it isn't known how the ash will react as well as the
content of the heavy metals in the ash.
Councilmember Beaudet, seconded by Robert, moved to direct staff to send a
letter requesting that the public comment period be extended 90 days, to June
8, to add the three heavy metals into the consideration of the request, which
are not identified in the current public notice. Staff was also directed to
request that the adequacy of the current method for treating fly ash be
addressed as well. If the MPCA will not extend the public hearing, staff is to
draft a resolution contesting the permit. Carried 4 -0.
Councilmember Turnquist, seconded by Beaudet, moved to authorize the
Mayor to sign a document asking for an informational meeting or allowing for
a contested hearing if the request is denied. Carried 4 -0.
C. 1998 Street Reconstruction - referred to the March 2 Council Work Session.
II
Page 5 - City Council Minutes 02/24/98
D. Highway 36 /Osgood Avenue Intersection Redesign - referred to the March 2
Council Work Session.
VII. New Business:
A. Authorize Staff to Set Bids for Blacktopping of City Streets - Administrator
Melena said that Staff was planning on finding out the price of repairing the
potholes and doing an overlay of the streets. Councilmember Turnquist,
seconded by Robert, moved to allow staff to set bids for the blacktopping of
City streets. Carried 4 -0.
B. Authorize Staff to Set Bids for Street Sweeping of City Streets - Melena said
that he would like to see this done at least twice a year. Councilmember
Robert requested that Melena not allow dumping in the parks.
Councilmember Turnquist, seconded by Robert, moved to allow staff to set
bids for the street sweeping of City streets. Carried 4 -0.
C. Authorize Staff to Enter into Agreement with County for Sealcoating of City
Streets - Councilmember Beaudet, seconded by Robert, moved to authorize
• staff to enter into agreement with County for sealcoating of City streets.
Carried 4 -0.
D. Consideration of Application for Kennel License for Liz Weaver - 15430
North 58th Street - Melena said that staff recommends to the Council that this
license be approved. Councilmember Turnquist, seconded by Beaudet,
moved to approve the license for Liz Weaver. Carried 4 -0.
E. Memo Regarding City Council Agenda Format - Melena said that there have
been a few things added to the agenda for the Council to consider:
1. The Visitors Comment period has been limited to 3 minutes per
person;
2. The Consent Agenda issues are listed on the Agenda;
3. Estimated target times have been added to the agenda;
4. An agenda follow -up sheet will be available by 11:00 a.m. the day
after a Council meeting summarizing what actions were taken at the
previous meeting.
1
• Page 6 - City Council Minutes 02/24/98
Councilmember Turnquist requested that the follow -up sheet be faxed to the
Councilmembers. Mayor Schaaf, without objection, so ordered the changes to
the agenda format.
F. Memo Regarding Council Meetings and Public Commission Scheduling -
Melena suggested that the Council meet once a month to discuss issues at a
Work Session. This would be an informal meeting open to the public held on
the first Tuesday of the month. Melena said that the March meeting would
need to be held on Monday, March 2 because the precinct caucuses will be
held on Tuesday. Mayor Schaaf, without objection, so ordered the scheduling
of a monthly Council Work Session on the first Tuesday of the month.
G. Memo Regarding Staff Meetings - Melena said that staff meeting will be held
every Wednesday at 11:00 a.m.
H. Memo Regarding Building Facilities - Melena said that it has been discovered
that the floor in the administrator's office needs to be replaced. He requested
authorization to fix the floor. Councilmember Beaudet, seconded by
• Turnquist, moved to authorize $3,640.00 for Knutson Construction to repair
the floor.
I. Memo Regarding Office Facilities. Space. and Equipment - Melena asked for
authorization to replace the Council Chamber chairs for guests at a price of
approximately $4,185.00 and for the consultants at a price of approximately
$668.00. Councilmember Turnquist, seconded by Beaudet, moved to approve
the authorization to purchase new chairs for the Council Chambers. Carried
4 -0.
Melena also said that he has been working with design consultants to
determine ways to better use the space in City Hall. Melena said that he
would like to convert the Building Official's office into a Council meeting
room and rearrange Public Works and the Building Official into the back of
the City Hall to make it easier for homeowners, contractors, and developers to
utilize a one -stop shop process for construction projects. He asked for
authorization to continue working with them and to prepare design estimates.
Councilmember Robert, seconded by Turnquist, moved to authorize staff to
work on design consultants to better use the space in City Hall. Carried 4 -0.
•
Page 7 - City Council Minutes 02/24/98
J. Memo Regarding Economic /Community Development Operations - Melena
said that he would like the City to further consider establishing community
development operations in one centralized place. Melena said that he felt the
City was in a position to take advantage of the economic boom to be proactive
with the type of development they would like to attract. There was discussion
about the establishment of a planning commission and ways to get the
community involved in development issues. Council also discussed having a
strategic planning meeting this spring. Mayor Schaaf, without objection, so
ordered Melena to further consider discussing economic development issues
and procedures for the City.
K. 1998 Precinct Caucus on Tuesday, March 3. 1998 at 7:00 p.m. - Mayor
Schaaf said that the DFL locations will be at the Oak Park Elementary School
and the Republican locations will be at Stillwater Junior High School.
Closed Executive Session - to discuss Supervisor's Union Contract, Preliminary Annexation
Ruling, and Bridge issues.
• Stillwater Gazette reporter Chris Baldus questioned why the Council was adjourning to a
closed session to discuss the annexation ruling. City Attorney Vierling said that it is legal to
discuss a preliminary legal decision in a closed session and to discuss future options and
appeals. Baldus then asked what the Council would be discussing in regards to the bridge.
Vierling said that they would be talking about the DNR permit process which is under
contention.
Councilmember Turnquist, seconded by Beaudet, moved to adjourn to closed executive
session at 8:08 p.m. Carried 4 -0.
Council reconvened at 9:45 p.m. with direction to staff in regards to issues on annexation
and the DNR bridge permit.
Adjournment:
Councilmember Beaudet, seconded by Turnquist, moved to adjourn at 9:48. Carried 4 -0.
Respectfully submitted,
� 0,t
1�1e1anie Mesko
Administrative Intern
OAK PARK HEIGHTS CITY COUNCIL WORKSHOP
• TUESDAY, FEBRUARY 10, 1998
4:30 P.M.
Call to Order: The meeting was called to order at 4:33 p.m. by
Deputy Mayor Turnquist. Present: Councilmembers Beaudet, Robert,
and Swenson. Staff Present: Interim Administrator Holst, Police
Chief Swanson, Public Works Director Benson, City Attorney Vierling,
and Administrative Intern Mesko. Arrived late: Mayor Schaaf.
I. Department Reports
1. Police
Chief Swanson asked for authorization of a resolution
permitting Oak Park Heights Police to participate in a one -
day state - sponsored drunk driving saturation project this
summer. Swanson said that he does not know the exact dates
of the project, but that it is planned for Lumberjack Days.
Swanson also said that the City would be reimbursed 100%
for any costs incurred during this saturation.
Swanson then said that he did not agree with the editorial
in the Stillwater Gazette that criticized the mediation
program that Oak Park Heights is experimenting with.
411 Swanson said that he felt this was a worthwhile project
that could benefit the community and reduce costs that are
associated with arrests and court costs. And while he said
that he did think that mediation is something that Council
could consider implementing, he was not comfortable writing
a letter to the Gazette supporting the program until he was
sure that there was 100% Council support for the project.
Councilmember Swenson said that he has received feedback
from residents concerned with the City spending money on
these sort of issues.
Councilmember Robert clarified that she wanted to wait
until the 1997 budget is finalized to see if there is a
surplus that could be used for this project. There was
discussion about authorizing a finite amount of money for
a specific number of mediations for further review of
whether this is a project that the City is interested in
pursuing further.
Chief Swanson said that residents would not be forced to
participate, and that it would be completely voluntary.
Council agreed to wait until the 1997 budget is complete
to revisit this issue.
Administration
Interim Administrator Holst said that she and Councilmember
Turnquist conducted interviews for the part -time finance
Page 2 - Workshop Minutes 02/10/98
• position on Monday, February 9. Holst said that there were
some questions about the union and the new position that
she wanted to clear up before requesting authorization to
hire.
Holst also said that she received a bill from Washington
County requesting approximately $40,300 from the City
because the County did not withhold enough for 1997 fiscal
disparities.
Regarding Item B of New Business, Holst said that there
were some questions about the zoning and allowable uses for
a kennel in a residential neighborhood and that she was not
able to talk with Liz Weaver to clarify. Holst requested
that the item be pulled from the agenda until these
questions are answered.
Councilmember Beaudet requested that the Council authorize
an additional fifteen hours for Consultant David Hozza to
lobby for the Perro Creek storm sewer reconstruction bill
and up to ten hours for Hozza to lobby against NSP
deregulation of their power plants. Councilmember
Turnquist said that he did not object to hiring Hozza to
111 lobby fifteen hours for the Perro Creek reconstruction but
that he did not think Hozza was needed to lobby against the
NSP deregulation, since the City has paid to hire the
Coalition of Utility Cities to lobby for this cause and
nothing will happen in the legislature on this matter this
year. Council agreed to add the authorization of an
additional fifteen hours for Consultant Dave Hozza to lobby
for the Perro Creek storm sewer reconstruction as Item 4K
of the Consent Agenda.
Councilmember Robert requested the City consider installing
trash containers for trash along the City's trails. She
said that she would be mentioning this issue to the Parks
Commission.
Robert also said that the Garden Committee will be
requesting to use Cover Park's warming house as a place to
grow plants and they would like to plant a garden at City
Hall for their project this summer.
Robert then said that she had received a packet on buffer
zones from Molly Shodeen from the DNR which she has
forwarded to the City Attorney and City Planner for review.
She requested that Intern Mesko also review the packet for
• important policy points which would be helpful for the
Council to have for making a decision.
Page 3 - Workshop Minutes 02/10/98
• 3. Public Works.
A. Benson said that the ice at the rinks is melting because
of the warm weather that we have been having.
B. Benson also said that all of the demolished properties in
the lower Oak Park Heights neighborhood have been
disconnected from the utilities.
C. Council congratulated Benson on becoming a grandfather
again.
II. United Waste Systems
Jeff Glewwe and Ron Gersdorf were present to discuss the yard
waste bag program and their request to change the appliance
pick -up date from Thursdays to Wednesdays.
UWS said that the change in pick -up dates would consolidate the
company's pick -up with Stillwater, who recently changed their
day, White Bear Township, and Centerville. Councilmember
Turnquist said that because this request would not involve
another truck coming into the City, it would only change the
day, he did not have a problem with the request. He did say,
however, that he was concerned about notifying residents of the
• change. Glewwe said that residents would still need to contact
UWS and request an appliance pick -up, and UWS would tell them
which day to put the appliance out for collection at that time.
There are approximately 20 -25 appliances collected each month.
Council requested that this change be posted in the next
newsletter and added to the Consent Agenda.
Glewwe said that UWS was not interested in providing yard waste
bags free of charge anymore, and he felt that there are three
options for collection of yard waste. One is to discontinue
the system entirely and allow residents to bag their waste in
whatever bag they wish, another is to allow a mixed system, and
a third would be to continue the program but charge for the
biodegradable waste bags.
Councilmember Swenson said that he was disappointed with the
program and that Oak Park Heights wasn't the only city to have
problems with the collection and distribution of the bags.
Councilmember Robert asked about the possibility of using
plastic cans for yard waste. Glewwe said that plastic
containers are too heavy and there are always issues of them
becoming damaged from the trucks.
Swenson said that he felt that residents should be allowed to
• choose how they would like to bag their yard waste. Mayor
Schaaf questioned why the City was dealing with this issue.
Page 4- Workshop Minutes 02/10/98
III City Attorney Vierling said that the City is UWS's customer,
and they are given the power to regulate collection within Oak
Park Heights. There was discussion about what the contract
stipulates regarding recycling. Vierling said that the
contract has no specific provision regarding what containers
must be used, only that each container or bag cannot exceed
forty pounds.
Glewwe reminded the Council that residents had to buy bags
before the pilot program, and he did not feel it was
unreasonable to ask residents to pay for biodegradable bags.
There are yard waste bags which can be purchased at local
retailers as well as from United Waste Systems. UWS just does
not want to provide the bags free of charge. Glewwe said that
if plastic bags are used, UWS would need to debag them in order
for them to be composted.
Council decided to discontinue the pilot program and inform
residents in the next newsletter that they can use any kind of
bag they wish as long as each bag does not exceed forty pounds.
Adjournment:
Mayor Schaaf adjourned the workshop at 5:55 p.m.
III
Res ectfully Submitted,
1144 bi ti
M4anie Mesko
Administrative Intern
.............,
OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, FEBRUARY 10, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:03 p.m. by
Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson,
and Turnquist. Staff Present: Interim Administrator Holst, City
Attorney Vierling, City Planner Richards, and Administrative
Intern Mesko.
I. Approval of Agenda:
The following was added to the agenda: 1) Approving fifteen hours
of lobbying by Consultant David Hozza on the bonding bill for the
prison pond reconstruction was added as Item 4K of the Consent
Agenda; 2) Approving the change of the appliance pick -up day from
Thursdays to Wednesdays was added as Item 4L of the Consent
Agenda; 3) Item A, the establishment of a mediation program, was
pulled from Old Business; 4) Item B, Application for a kennel
permit for Liz Weaver, 15430 58th Street North, was pulled from
New Business; 5) Approval of the new City Administrator's contract
was added as Item C of New Business. Councilmember Turnquist,
seconded by Swenson, moved to approve the changes to the agenda.
Councilmember Swenson, seconded by Robert, moved to approve the
410 agenda. Carried 5 -0.
II. Department Reports:
Parks - Councilmember Robert thanked Parks Commission member
Mike Runk for his service to the Parks Commission and the
City by presenting him with a plaque. She noted that Runk
was instrumental in involving Eagle Scouts in projects which
have benefitted the City.
Cable - Councilmember Turnquist reported the Cable
Commission's annual meeting will be Wednesday, February 18,
1998 at 7:00 P.M. and the regular Cable Commission meeting
will be at 7:30 P.M. at Oak Park Heights City Hall.
Turnquist said that the meeting will include the election of
Commission officials and further discussion of the
refranchising agreement.
Water Management Organizations - Councilmember Beaudet
reported the next Middle St. Croix Valley Water Management
Organization meeting will be held March 12, 1998 at 7:00
P.M. at Bayport City Hall.
Recycling Award - Administrative Intern Mesko awarded a
$25.00 check to Gerald and Judy Langness of 5705 Penrose
• Page 2 - City Council Minutes 02/10/98
Avenue North for participating in the City's recycling
program on Thursday February 5, 1998.
Oak Park Heights Business Association - Councilmember
Turnquist said that the group met Wednesday, February 4 at
the Washington County Workforce Center to further discuss
how employers can find employees. Turnquist said that he
was impressed with all of the resources available to both
employers and prospective employees at the center. The next
meeting will be Wednesday, March 4 at 7:30 a.m., site and
topic to be determined.
Bridge Report - Mayor Schaaf reported that the Friends of
the St. Croix sent out a newsletter to 25,000 people in the
St. Croix Valley regarding the proposed bridge. Schaaf said
that he felt the newsletter was accurate and he thanked them
for distributing it.
III. Visitors
Mayor Schaaf welcomed Tom Melena, the administrator that the
City has hired. Schaaf noted Melena's previous
• administration experience, including Apple Valley, Mankato,
and Morris, Minnesota and Salem, New Hampshire. Schaaf said
that Melena was the Council's first choice, and he was
excited about working with Tom and the future of Oak Park
Heights.
Councilmember Turnquist thanked City staff, especially
Interim City Administrator Judy Holst, for their hard work
during this interim.
Councilmember Beaudet thanked the City's search firm, The
PAR Group, as well as those who participated in the search
committee, for all the information and feedback they
provided to the Council.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Workshop Minutes - January 27,
1998
C. Approve City Council Minutes - January 27, 1998
D. Resolution 98 -02 -11 - A Resolution Designating the
City's Park Commission to Be and Act as the City's Tree
Board under City Ordinance #1304
• E. Resolution 98 -02 -12 - A Resolution Terminating the
Conditional Use Permit of A -1 Maintenance
• Page 3 - City Council Minutes 02/10/98
F. Resolution 98 -02 -13 - A Resolution Supporting the
Renewal of the Allen S. King Generating Plant Air
Emission Permit
G. Approval of 1998 Agreement for fire protection services
from the City of Bayport Fire Department
H. Approval of 1998 Agreement for plan inspection services
from John Ludwig, d /b /a Building Inspection Services
I. Resolution 98 -02 -14 - A Resolution Authorizing
Executing of Grant Contract for Police Department
J. Approval of Specifications for City Hall reroofing
project and set date for opening of bids.
K. Approve fifteen hours of lobbying by Consultant Hozza
on the bonding bill for the prison pond reconstruction
L. Approve the change of the appliance pick -up day from
Thursdays to Wednesdays
Councilmember Robert pulled Item 4C, the City Council
Minutes of January 27, 1998.
Councilmember Turnquist, seconded by Swenson, moved to
approve the Consent Agenda as amended. Roll call vote was
• taken. Carried 5 -0.
Robert said that she did not request funds for the mediation
project. She requested that the wording be changed to read,
" LVU111..111LLC1lLLCl
Rob /L Leuria Ca $5,000�0�.00 Lv
$10,000.00 fV,_ fULLh 1LLCdiaLiL11 5CLV1l.CJ. J11C
Councilmember Robert stated the mediation costs are
approximately $500.00 to $1,000.00 per time. Councilmember
Robert reported that the test case was successful. She
stated that there would be a Chief Coordinator and a panel
of three to make the recommendations for mediation. A
separate panel would then do the mediation. City Attorney
stated the content of the mediation would be confidential
as long as City personnel and City Council do not take part
in the mediation. The l ue Was LaLled. Councilmember
Robert requested that the issue be tabled until it can be
determined if funds will be available. "
Councilmember Robert, seconded by Beaudet, moved to approve
the minutes from January 27, 1998 as amended. Carried 5 -0.
V. Public Hearings
A. Proposed Sign Variance for Burger King Restaurant at Oak
Park Ponds Shopping Center - Mayor Schaaf opened the Public
• Page 4 - City Council Minutes 02/10/98
Hearing at 7:50 P.M. Interim Administrator Holst read the
public notice.
City Planner Richards said the plan submitted provides for
seven signs with 178 square feet; the Zoning Ordinance
allows for two signs with 300 square feet. Richards said
that due to the speed of the traffic at this area and the
fact that Mr. Dolphin has made several concessions on his
building design, he would recommend that Burger King be
allowed to keep five of the seven signs proposed, removing
the logo sign on the north of the building and the message
sign on the west side. Greg Dolphin of Dolphin Real Estate
objected, saying that he is well below the allowable footage
for signs and that he feels that the signs proposed are
neither obtrusive nor excessive. Mayor Schaaf suggested
allowing Mr. Dolphin to use a monument sign. Dolphin said
that he would rather stay with his proposal because a
monument sign can easily become blocked with snow in the
winter.
John Dwyer, 5680 Newberry Avenue North, expressed concern
. that the green band around the top of the building is not
considered a sign. He said that if Mr. Dolphin feels that
it adds an identity to the restaurant, it should be
considered a sign. City Planner Richards said that the City
Ordinances do not consider lighting as a sign. Dolphin said
that while he did feel the green light was an identifying
feature, it was an identifying feature only because of the
other aspects of the building. It would not have that same
identification viewed alone.
Ann Wasescha, 5675 Newberry Circle, said that the City has
established certain regulations governing signage in Oak
Park Heights and if Mr. Dolphin does not wish to comply, she
would welcome him to locate his Burger King in another
location. Wasescha urged the Council to strongly consider
before granting a sign variance to Mr. Dolphin.
Kirk Schultz, 5660 Newgate Circle, said that while he
understands Dolphin's concerns with identifying his
business, he felt the green lighting was too much and that
the band should be stuccoed instead of lit. Schultz also
said that he was concerned with smoke and exhaust coming
from the restaurant.
III
Page 5 - City Council Minutes 02/10/98
Mr. Dolphin said that he felt the green parapet lighting
would be minimal and that it would not stand out with all
the other development in that area.
Councilmember Swenson, seconded by Beaudet, moved to close
the public hearing at 8:07 P.M. Carried 5 -0.
Mayor Schaaf adjourned the Council from 8:08 P.M. to 8:20 P.M.
Councilmember Swenson said that although he appreciated
Dolphin's reworking of the plans, he did not like the green
banding. Swenson said he was struggling with trying to
balance the Autumn Ridge neighborhood's concerns while
empathizing with Dolphin's desire to market his business.
Mayor Schaaf said that he agreed with City Planner Richards
recommendation to remove two of the signs, but that he still
wanted to add a monument sign on the north end of the
building. Councilmember Turnquist agreed with Dolphin that
a monument sign may not be especially beneficial to the
Burger King.
Councilmember Beaudet moved to allow Burger King to have six
of the seven proposed signs. Motion failed for lack of a
second.
Councilmember Turnquist said that because Mr. Dolphin has
worked well with the City's changes and because the sign
proposal is still under the ordinance limit for square
footage, he did not oppose granting Burger King a sign
variance to allow for the seven signs. Councilmember
Turnquist, seconded by Swenson, moved to grant the sign
variance to Burger King to allow seven signs as shown in the
design plans. Carried 3 - 2, Mayor Schaaf and Councilmember
Beaudet voting against.
B. Continuation of Proposed Amendment to Oak Park Ponds PUD,
Proposed Amendment to General Development Plan for Phase III
of Oak Park Ponds PUD, and Proposed Conditional Use Permit -
Dolphin Real Estate Development (Burger King) - Greg Dolphin
from Dolphin Real Estate Partnership presented new drawings
of the changes made in the Burger King building design. He
added a green strip of light to the top of the building,
saying that he felt this change complimented the other
buildings in the shopping center while still providing an
identity to the Burger King. Dolphin said that he also
Page 7 - City Council Minutes 02/10/98
the neighborhood will not be impacted. Councilmember
Beaudet said that there are guidelines and standards which
can prevent most of the smell and smoke from escaping.
Councilmember Robert reminded the residents that they should
feel free to come back to the Council if they feel the
impact on the Autumn Ridge neighborhood is excessive. City
Attorney Vierling clarified that objective, not subjective,
methods would be used to determine if Burger King was
emitting too much. Acceptable levels, for example Minnesota
Pollution Control Agency regulations, would need to be
approved by the Council to determine compliance.
Ann Wasescha, 5675 Newberry Circle, had several questions
for the Council and Mr. Dolphin. She wondered what the
hours of operation would be and how obtrusive the green
banding would be. Dolphin said that hours would be
determined by the local market, but he would estimate that
the restaurant would close between 9:00 - 10:00 P.M. on week
nights, with the drive - through open for an extra hour or two
after that. The weekend hours would generally be a few
hours later, but Dolphin wasn't sure of the exact hours.
. Dolphin also said that he did not feel that the band would
add a lot of light to the area.
Wasescha said that she felt the pictures taken by Dolphin of
the Autumn Ridge neighborhood were deceiving, because they
could not account for the second story view from certain
homes which would be affected.
John Dwyer, 5680 Newberry Avenue North, agreed with Wasescha
that the pictures don't accurately represent the views from
certain homes. He also said that he appreciated Dolphin's
changes to the building but that he felt that the colored
light on the green banding would be more obtrusive than
white light and it was not necessary.
Councilmember Robert, seconded by Swenson, moved to close
the Public Hearing. Carried 5 -0.
Council added several conditions to the planner's report for
the Amendment to the Oak Park Ponds PUD and the Conditional
Use Permit for Burger King:
1. The lit green strip at the top of the restaurant facade
411 shall not be lit; it shall be of the same material as
the awnings;
Page 8 - City Council Minutes 02/10/98
2. The issuance of a building permit will be contingent
upon approval of the lighting and landscape plans;
3. A filter plan for the control of smoke, odor, and noise
from the restaurant shall be submitted to the City
Planner and City Engineer as part of the building
plans;
4. The trash loading space shall be provided for by the
handicapped spaces in the parking lot. This will be
acceptable because the trash is picked up at hours when
those spots won't be used, and;
5. Review of the Conditional Use Permit after one year.
City Attorney Vierling said that the HVAC plans submitted as
part of the building plans should have filter plans included
in them. Mr. Dolphin assured the Council that he would do
all that he can to be up -front and handle any issues before
they turn into problems for the City or the neighborhood.
Councilmember Turnquist, seconded by Robert, moved to
approve the amendment to the Oak Park Ponds PUD, the
amendment to the General Development Plan for Phase III of
411 Oak Park Ponds PUD, and the Conditional Use Permit for the
Burger King restaurant based on planner's recommendations
and additional conditions. Carried 4 -1, Councilmember
Beaudet voting against.
Councilmember Turnquist thanked the residents of Autumn
Ridge for their cooperation, input, and attitude regarding
this development and design plans.
VI. Old Business:
A. Discussion of establishing a mediation program - PULLED
B. Establishing a B -3 Zoning District for the City - City
Planner Richards outlined his report that he prepared
for this district. He said that the primary purpose is
to allow for commercial uses but exclude automotive/
truck related service businesses. Sexually- oriented
uses - principal would also be prohibited in that most of
the area proposed to be rezoned to B -3 would be within
three hundred feet of residential areas, where that
type of use is not allowed. Richards also said that
the building size would be limited to less than 50,000
square feet, with allowances available for "big box"
410 type of businesses to locate if they orient their
buildings away from residential locations.
Page 6 - City Council Minutes 02/10/98
matched the brick with the rest of the center as requested
by the Council at the January 27 meeting.
Richards said that while he thought Dolphin had done a good
job at addressing Council and staff concerns with his
revisions, there were still a few issues to be addressed.
City Planner Richards said that he did not feel the green
banding was necessary and that it just added more light to
the area and was not consistent with the rest of the center.
He also said that the lighting fixtures should be consistent
with the rest of Oak Park Ponds. Richards said that he
would recommend approval of the plan with these issues
addressed and that smoke, odor, and noise control provisions
be part of the conditions of approval. Richards then said
that he is still waiting for the lighting and landscaping
plans for the center. He would recommend that building
permits not be issued until those plans are received and
approved.
Dolphin said that he had taken pictures of the surrounding
area to gauge the impact on the neighborhood. He said that
• he felt the pictures illustrated that the Burger King would
have a minimal influence on the community.
Councilmember Turnquist said that he has seen other Burger
Kings which did not have the "traditional" BK architecture
and felt it looked nice. He did, however, empathize with
Dolphin's desire to have some way for people to identify the
building as a Burger King..
Councilmember Robert asked about the noise and odor that may
emanate from the restaurant. Richards said that the
conditions state that those factors cannot impact the
surrounding neighborhoods. City Attorney Vierling said that
the Council could add a one -year review to the CUP to
provide for an analysis of whether the conditions are being
complied with. City Planner Richards said those types of
requests are not unusual in new developments.
There were several residents of the Autumn Ridge
neighborhood to express concerns about the placement,
lights, and other factors associated with the restaurant.
Al Soukup, 5690 Newell Circle, said that he was concerned
411 with the smell. He said that he hoped the Council and
Burger King take measures to prevent this right away so that
411 Page 9 - City Council Minutes 02/10/98
Councilmember Turnquist, seconded by Beaudet, moved to
set a public hearing to discuss rezoning on March 10,
1998 at 7:30 P.M. Carried 5 -0.
Jim McGovern, who's partner Bob Brackey owns the
property west of the Oak Park Ponds Shopping Center,
was present to object to the possible rezoning. Mayor
Schaaf allowed Mr. McGovern to outline his objections
to the Council. Mr. McGovern said that he did not
think the rezoning was necessary for this area.
Infrastructure was built to accommodate commercial
growth, and some of that may not be allowed if the
property is rezoned to B -3.
McGovern also said that he felt that Mr. Brackey has
contributed a lot to the City with utility assessment
payments, the creation of jobs, and an increased tax
base for Oak Park Heights. He said these improvements
would not be the same if the property had been zoned B-
3 rather than the B -2 it is.
• Council thanked Mr. McGovern for his opinion and
welcomed the public to state their views on this at the
March 10, 1998 Public Hearing.
Mayor Schaaf adjourned the Council from 9:05 to 9:15 P.M.
C. Highway 36 /Osgood Avenue intersection redesign - Tom
Fiddler of Bonestroo was present to discuss the
reconstruction options that would ease the congestion
on the frontage roads at this intersection. Council
discussed the options suggested and recommended some
other factors to consider which may make the
reconstruction beneficial for the traffic as well as
not disturb the existing businesses too much. Council
requested that Fiddler use some of their suggestions to
prepare some more options for the February 24, 1998
Council meeting. Councilmember Robert also suggested
that Washington County Public Works as well as local
property owners should be contacted for feedback about
any reconstruction design ideas.
D. Review of Met Council's transit redesign proposal -
Councilmembers Robert and Beaudet attended meetings and
provided input to the Met Council on transit redesign
for Oak Park Heights. Mayor Schaaf commended
Councilmember Robert on all the work she has done on
111 Page 10 - City Council Minutes 02/10/98
developing a transit design that would best benefit the
residents of Oak Park Heights and attract new riders to
public transportation.
Councilmember Robert, seconded by Beaudet, moved to
direct staff to send a letter to Met Council
emphasizing the concerns the City has about the
redesign plan proposed by the Met Council, to request
an extension of the public hearing to the end of
February in order for Councilmembers to meet with Met
Council representatives to discuss Councilmember
Robert's nine -page redesign plan, and to request that
the Met Council conduct a non -rider survey to see what
factors could influence people to use public
transportation more. Carried 5 -0.
VII. New Business:
A. Approval of newsletter bids for 1998 - Council said
that they were happy with the quality of the
newsletters from Heritage printing last year. They
requested that the newsletter be printed in the City
colors, blue and green, rather than alternating among
different colors. They also requested that there be as
little blank space in the finished newsletter as
possible. Councilmember Robert, seconded by Swenson,
moved to approve the bid by Heritage printing for the
1998 newsletters in the amount of approximately $750.00
per edition. Carried 5 - 0.
B. Application for Kennel Permit - Liz Weaver, 15430 58th
Street North - PULLED
C. Approval of new City Administrator's contract -
Councilmember Turnquist, seconded by Robert, moved to
approve the contract for Tom Melena to become the Oak
Park Heights City Administrator. Carried 5 -0.
Councilmember Beaudet updated the Council on the
approval of the NSP air emission permit. He said that
NSP agreed not to burn waste unless an advisory board,
consisting of a Wisconsin resident, an Oak Park Heights
resident, a representative from the City where the
material to be burned came from, a representative from
410 NSP, MnDOT, the landfill where the waste would be
transported, the waste haulers, and a member of an
environmental group, votes at least 6 out of 8 to
recommend the burning. Beaudet also said that the King
III Page 11 - City Council Minutes 02/10/98
Plant removed 70% of the mercury, which is much more
than other plants are able to remove. The Council
thanked Beaudet for all his work as well as
Councilmember Turnquist in achieving what is perceived
as a win -win situation for all sides considered.
Adjournment:
Councilmember Turnquist, seconded by Swenson, moved to adjourn at
9:52 P.M. Carried 5 -0.
Respectfully submitted, AM lanie Mesko
Administrative Intern
III
III
OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, JANUARY 27, 1998
4:30 WORKSHOP
Call to Order: The meeting was called to order at 4:33 p.m. by
Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson,
and Turnquist. Staff Present: Interim Administrator Holst,
Police Chief Swanson, Public Works Director Benson, City Attorney
Vierling, and Administrative Intern Mesko
I. Department Reports
1. Police
Chief Swanson said that the Police Department has been
approved for the federal COPS grant and that he would
like authorization to hire part -time officer David
Kisch to a full -time position. Swanson said that he is
looking to have Kisch begin by March 1. Kisch will be
working a Thursday through Monday, 1:00 p.m. - 9:00
p.m. shift, with an emphasis on serving residents and
neighborhood watch programs.
2. Administration
Interim Administrator Holst gave the Council a memo
with information and questions for the Council.
a. For the lights on Krueger Lane near Menards, Holst
received a price quote that included an extra $850
charge for winter installation. Council agreed to
postpone this until they establish the design standards
for this area.
b. Holst also said that she felt uncomfortable about
contacting Abrahamson Nurseries because the company has
planted many of the City's boulevard trees.
Councilmember Robert said that she has been looking
into this issue as well as some complaints received
after the pruning by S & S Tree Services. Robert
suggested that the City distribute flyers to the
neighborhoods getting pruned to notify residents. She
also said that the trees will be pruned up to 13 feet
in order to provide clearance for the snow plows and
garbage trucks.
• Robert then requested that the Parks Commission be
appointed as the City Tree Board, and they can develop
Page 2 - Workshop Minutes 01/27/98
• policies for the trimming of the City's trees.
c. Holst told Council that she had received a request
from United Waste Systems to change the date of
appliance pick -up in the City. Council decided to wait
on this issue until the February 10 meeting.
d. Holst also said that the Presbyterian Homes
representative called to confirm the tour of its
Bloomington site. Councilmember Swenson and Mayor
Schaaf said they would not be able to attend and
Councilmember Beaudet said that he has already visited
the site. Councilmembers Robert and Turnquist said
that they would like to visit earlier to avoid rush -
hour traffic. Council directed staff to contact
Presbyterian Homes and let them know that Robert and
Turnquist would meet at City Hall at 1:15 p.m. and then
meet at the Bloomington site at 2:00 p.m.
e. Holst asked if staff could fax items to the Council
on a daily basis rather than copying everything into
. the weekly packet. She said that the monthly copying
costs are between $250 -$300 per month. Councilmember
Robert, who has a thermal fax, was the only one who
wished to continue with the weekly packets as they are
currently. It was agreed that staff could fax items to
Council on a daily basis and supply the Council with a
list of items faxed at the end of every week.
f. Holst said that she had not received a completed
sign variance application from Menards, so they could
not be scheduled for a Public Hearing.
g. A board meeting about the Manning Avenue extension
will be held on February 17 at 9:00 a.m.
h. Holst also reminded Councilmembers and Park
Commission members to return their audit letters which
state that they do not have a conflict of interest in
serving the City.
i. Holst said that the Environmental Wellhead
• Protection Plan that the Council requested should be
here in a few weeks.
Page 3 - Workshop Minutes 01/27/98
3. Public Works
a. Benson said that the signs for 58th Street and
Krueger Avenue, 60th Street and Krueger Avenue, and
58th Street and Neal Avenue have been installed.
b. Benson also said that snow has been piled in the St.
Croix Mall parking lot and that the manager has been
contacted and ordered to clear it out. Hoist asked if
there was a City Ordinance governing the times that
streets and parking lots can be plowed. She said that
she received a complaint about early morning plowing
and the beeping as the truck backed up which woke up
the resident. City Attorney Vierling said that the
plows could be retrofitted to use strobe lights rather
than audible beepers. Interim Administrator Hoist was
directed to call the mall and request that that be
done.
c. Councilmember Swenson said that over the weekend he
had noticed residents clearing Olinda Avenue and wanted
to know why that was not plowed. Benson said that the
• street was plowed late Sunday night.
II. Discussion of New lighting Fixtures - John Wertish and
Charlie Stoltz.
Councilmember Robert outlined some of the questions the
Council had about changing the lighting fixtures in the
City:
An inexpensive way for the City to use shoebox -style
lighting to replace City fixtures;
Costs, options, and procedures for future replacement;
The differences in colors of lights and some guidance on
what other Cities may use.
Stoltz said Oak Park Heights has 272 lights in the City,
with a variety of styles. NSP offers a designer series of
lights which cities purchase from NSP rather than leasing
and then pay the monthly maintenance costs.
Councilmember Swenson asked about the condition of certain
poles and if residents could request replacement if a pole
• is in particularly bad shape. Swanson also asked if NSP has
a set replacement schedule for lights and poles. Wertish
Page 4- Workshop Minutes 01/27/98
• said that NSP looks at replacements on a case -by -case basis.
There was discussion about what kind of standards and
fixtures the Council wanted to install as well as the cost
for doing so. Stoltz said that NSP could do a test on a
particular part of a neighborhood and then prepare an
estimate for lighting color, light shape and style, and
cost. Councilmembers Beaudet and Robert will be working
with NSP to develop standards; a meeting was set for Friday,
February 6, 9:30 a.m. at Oak Park Heights City Hall.
Councilmember Robert said that she had some items she would like
to discuss:
► The City send a resolution to the state legislators
supporting the repeal of sales tax for local municipalities.
She requested this be added as Item C of New Business;
► Invite Molly Shodeen to the February 24 workshop to discuss
establishing wetland setback standards. She requested this
be added as Item D of New Business;
. ► She has researched building a boardwalk at Valley View Park.
The DNR recommends a certain type of boardwalk, and Robert
discussed this with City Engineer Anderlik, who said that it
would be expensive to construct. Robert said that Wal -Mart
has a matching grant program of $10,000, but that the City
has not budgeted for either the writing of the grant nor the
matching funds; she said that this could be added to the
1999 budget. Councilmember Turnquist requested that this
item be put on the February 10 Workshop for further
discussion.
Building Inspector Butler wrote a memo to the Council stating
that the Valvoline sign is in compliance with its permit; it's
new signs simply replaced the old ones due to a name change.
Councilmember Turnquist asked who is the legislative contact for
Oak Park Heights, and if anyone was interested in attending the
Association of Metropolitan Municipalities Legislative Contact
reception on February 3 from 4:00 - 6:00 p.m. No one was able to
attend the reception.
111
Page 5- Workshop Minutes 01/27/98
Staff was directed to make reservations at the headquarters q s hotel
for the League of Minnesota Cities Conference in Duluth, June 16-
19.
Adjournment:
Mayor Schaaf adjourned the workshop at 6:13 p.m.
Respectfully Submitted,
/ UJ&aw
lanie Mesko
Administrative Intern
111
•
OAK PARK HEIGHTS
CITY COUNCIL MINUTES, TUESDAY, JANUARY 27, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:00 p.m. by
Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson,
and Turnquist. Staff Present: Interim Administrator Holst, City
Attorney Vierling, City Engineer Anderlik, and City Planner
Richards.
I. Approval of Agenda:
The following was added to the agenda: 1) NSP Permit was added as
Item H. of Old Business; 2) Support of repeal of city sales tax
was added as Item C. of New Business; 3) Schedule a workshop with
DNR representative on wetland /stormwater pond setbacks added as
Item D. of New Business. Councilmember Swenson, seconded by
Beaudet, moved to approve the agenda with additions. Carried 5 -0.
II. Department Reports:
Parks - Councilmember Robert requested funds to purchase new
mats for Brekke Park and Cover Park warming houses and
suggested the expenditure could be taken from the Capital
• Revolving Fund. Robert stated the mats in the warming
houses are slippery and may cause accidents. Councilmember
Beaudet, seconded by Robert, moved to expend up to $2,400.00
to purchase new mats for Brekke Park and Cover Park warming
houses. Councilmember Turnquist stated this was not a
budgeted item and should instead be considered in the 1999
budget. Councilmember Swenson questioned whether this could
be taken out of the Park Fund. Councilmember Robert stated
there were no extra funds in the Park Fund and that this was
an emergency issue due to the danger of an accident.
Councilmember Beaudet, seconded by Robert, moved to amend
his motion to expend up to $2,400.00 from the Capital
Revolving Fund for new mats in Brekke Park and Cover Park
warming houses. Carried 3 -2; Councilmembers Turnquist and
Swenson voting against.
Councilmember Robert recommended appointing the Park
Commission to act as the City Tree Board to help with
developing a Comprehensive Tree Plan and making
recommendations on all other tree matters and
recommendations on hiring a City Arborist. Councilmember
• Robert, seconded by Beaudet, moved to adopt Resolution 98-
01-11 creating a five - member Tree Board, under Ordinance
Page 2 - City Council Minutes 01/27/98
1304.13, the Park Commission to be appointed Tree Board.
Roll call vote taken. Carried 5 -0.
City Staff was directed to advertise for the position of
City Arborist.
Councilmember Robert requested the proceeds from future
Garden Committee plant sales be returned to the Garden
Committee to be used at the discretion of the Garden
Committee. The Garden Committee's portion in the amount of
$3,075.00 for the wall and shrub planting in Cover Park has
now been paid back and the Committee would like future sale
proceeds to fund other garden projects at City Hall and
other parks. City Attorney Vierling commented that 100% of
garden sale funds and overall projects and expenditures
would have to be approved by the City Council.
Councilmember Robert, seconded by Beaudet, moved to allow
the Garden Committee to receive future proceeds from Garden
Committee plant sales. Carried 5 -0.
The Garden Committee will meet Sunday, February 8, 1998 at
• 2:00 p.m. at Pam Patrick's, 5737 Peller Ave. N. The public
is welcome.
Cable - Councilmember Turnquist reported the Cable
Commission's annual meeting will be February 18, 1998 at
7:00 p.m. and the regular Cable Commission meeting will be
at 7:30 p.m. at Stillwater City Hall.
Water Management Organizations - Councilmember Beaudet
reported the next Middle St. Croix Valley Water Management
Organization meeting will be held March 12, 1998 at 7:00
p.m. at Bayport City Hall.
Recycling Award - Interim Administrator Holst awarded a
$25.00 check to Robert and Clarissa Evanoff of 6132 Paul
Avenue North for participating in the City's recycling
program on Thursday January 22, 1998.
Oak Park Heights Business Association - The group will be
meeting on Wednesday, February 4, 1998 at the Washington
County Workforce Center. The presentation will be on how
110 employers can find employees.
Page 3 - City Council Minutes 01/27/98
Bridge Report - Mayor Schaaf y chaaf reported that the oral
arguments were heard on January 16, and schedules will be
forthcoming on the DNR appeal.
IV. Consent Agenda:
1. Approve Bills & Investments
2. Approve City Council Workshop Minutes - January 13, 1998
3. Approve City Council Minutes - January 13, 1998
4. Approve Resolution 98 -01 -09 - A Resolution Approving the
Application of Stillwater St. Croix Valley Amateur Hockey
Association for Gambling Control Board Premises Permit for
Operation of Gambling Activities Within the City of Oak Park
Heights
5. Waive the Public Hearing for a Minor Subdivision for
Suttler's and Standard Oil for Purposes of Making a Boundary
Adjustment
6. Approve a Minor Subdivision for Sutler's and Standard Oil
for Purposes of Making a Boundary Adjustment
7. Approve Receipt of COPS Hiring Grant and the Upgrading of
Officer Kisch to a Full -Time Position to be Partially Funded
• by the COPS Grant of up to $75,000 over a Three -year Period
8. Approval of 6th and Final Payment for the Brackey
Addition Utility and Street Improvements in the Amount of
$25,491.80
Councilmember Turnquist, seconded by Swenson, moved to
approve the Consent Agenda. Roll call vote was taken.
Carried 5 -0.
V. Public Hearings
1. Continuation of Proposed Amendment to Oak Park Ponds PUD,
Proposed Amendment to General Development Plan for Phase III
of Oak Park Ponds PUD, and Proposed Conditional Use Permit -
Dolphin Real Estate Development (Burger King) - Greg Dolphin
from Dolphin Real Estate Partnership presented new drawings
of the changes made in the Burger King building design. Red
brick was added to the bottom of the building and between
the columns going up the play area of the building. The
mansard roof was taken off the building except above the
play area. A textured garage door was added to the trash
receptacle area.
III Councilmember Swenson stated he recalls Keith Ulstad of
Page 4 - City Council Minutes 01/27/98
411 Oppidan Investment Co. saying there would be no
Y g fast food
restaurants in this development. Keith Ulstad said that he
has approached 15 restaurant chains and /or owners to locate
at the Oak Park Ponds Shopping Center and they say the
market demand is not adequate for that type of restaurant.
Councilmember Swenson stated he has concerns regarding the
noise from drive -thru speakers and the sound carrying.
Questions were raised on the lighting as to what would be
lit and how bright the lights would be. Mr. Dolphin stated
that the red parapet is lit, that there are lights under the
overhang, the Burger King letters are lit, and there is a
safety light on the building.
Keith Ulstad reported their lighting contractor is doing a
lighting plan for the Center and he will submit the plan to
the City.
Questions were raised as to if the red parapet should be
• considered a sign. City Planner Richards stated the red
parapet is considered architectural and not signage under
City ordinance.
Questions were raised regarding the noise, smell, and smoke
the Burger King would generate. Richards stated there is a
filtration system that fast food restaurants can put in
which would prevent an impact on surrounding area.
John Dwyer of 5680 Newberry Ave. N. had three concerns:
1. He questioned whether we are trying to dress up Burger
King or do we want a Burger King in this area.
2. Would like the City to have a vision for this area.
Hollywood Video and Menards was messed up and he does
not want to see it happen again.
3. Says Burger King would be a draw for children to cross
58th Street and is concerned about traffic.
Peter Hebert of 5665 Newberry Ave. N. agreed with John
Dwyer's concerns. He also said he can sympathize with the
developer, but the City needs to look to the future to
develop our community to draw businesses.
Page 5 - City Council Minutes 01/27/98
Al Soukoup of 5690 Newell Circle N. stated concerns:
1. To find another place for Burger King to locate in Oak
Park Heights.
2.Our elected people need a vision for that property.
Councilmember Robert questioned whether Council has the
right to deny a Burger King in that development. City
Attorney Vierling advised Council that Burger King is
presumed to be permitted unless there is a compelling reason
to say no.
City Engineer Anderlik addressed the improvements that will
take place this summer on 58th Street. Turn lanes off of
58th Street onto Neal Ave. and the school entrance will be
put in. There will be a traffic light on Neal Ave. and 58th
Street. The pathway on the south side of 58th Street will
be extended to County Road 5. There will be a walkway
crossing 58th Street and a pathway on the opposite side.
Ann Wasescha of 5675 Newberry Ave. N. said that she wants
• the City to preserve the neighborhood standards. She does
not feel this location for a Burger King will accommodate
the traffic generated by Burger King. She would like to see
the roof removed and the signs gone. She said that we need
a Burger King in this area, just not here.
Mike Murphy of 5715 Newberry Ave. N. says Keith Ulstad told
the Autumn Ridge area residents there would not be a fast
food restaurant in that development. He is not opposed to
Burger King, just the location.
Keith Ulstad of Oppidan Development stated he had three
offers for that sight and the other two were also fast food
restaurants. He again stated that he could not draw a sit -
down restaurant. Ulstad then said Oppidan's agreement with
Burger King states there can not be another fast food
restaurant in Oak Park Ponds Development.
The concerns of the Council and residents were:
► Conforming to design of the architecture of the
Shopping Center in regards to color,
► That the brick should be 2/3 up the sides of building,
► Changing the mansard roof on the play area,
Page 6 - City Council Minutes 01/27/98
111 ► The noise, odor, and smoke, and
► The removal of florescent red band around the building.
Councilmember Robert, seconded by Swenson, moved to close
hearing. Carried 5 -0.
Mayor Schaaf recessed meeting at 8:58 p.m. Meeting resumed at
9:13 p.m.
Council and Dolphin Real Estate Partnership agreed the 60th
day since the application for Proposed amendment to Oak Park
Ponds PUD, proposed Amendment to General Development Plan
for Phase III of Oak Park Ponds PUD, and Proposed
Conditional Use Permit for Dolphin Real Estate Development
will be February 10, 1998.
Dolphin Real Estate Partnership said they would like
clarification as to what the Council would like in design
changes. Mr. Dolphin stated if they make major design
concessions, they are worried about the sign variance.
• Council stated they would like to see the amount of brick on
the face of the building to be 2/3 up the face and would
like green awnings. They would also like the red and gold
stripes removed and the mansard roof removed.
Councilmember Beaudet, seconded by Robert, moved to continue the
Public Hearing until February 10, 1998. Carried 5 -0.
VI. Old Business:
1. Roof Repair Specifications - The roof's specifications
were tabled until February 10, 1998.
2. Individual Sewer System Ordinance - The ordinance was
tabled until February 10, 1998.
3. Engineering Costs for Correctional Facility to Connect
to Oak Park Heights Water - City Engineer Anderlik is
waiting for information from the Correctional Facility.
Costs were tabled until February 10, 1998.
4. 90 -Day Mobile Home Moratorium - Councilmember
Turnquist, seconded by Swenson, moved to extend the
Page 7 - City Council Minutes 01/27/98
•
Mobile Home Moratorium for an additional 90 days.
Carried 5 -0. Council to hold a workshop on March 10,
1998 to discuss this issue.
5. Oppidan Landscape Plans - Alan Kretman from HKS
informed Council of the landscape plans for the ponding
areas, the perimeter of property, and the placement of
trees in the interior of the area. Oppidan plans to
have plantings on the far side of the pond, tree
clustering around the perimeter of the property, and
clustering of eight trees of three varieties going
through the center of the center with a repeat pattern
of three times. The type of trees for the interior
will be Autumn Purple Ash, Common Hackberry, and
Northwoods Red Maple. Council requested more
clustering around the intersections. Council directed
City Planner to work with HKS on changes to Oppidan's
landscape plan.
Council reminded Oppidan that they still have not received
• the lighting plan for the Shopping Center and also need some
resolution to the lights in back of Rainbow Foods. Oppidan
informed Council the plans for the lighting and landscape
will be submitted.
Greg Dolphin submitted an application for a sign variance
for Dolphin Real Estate Partnership for Burger King.
Concilmember Swenson, seconded by Robert, moved to schedule
a public hearing February 10, 1998 at 7:30 p.m. for a sign
variance for Dolphin Real Estate Partnership for Burger
King. Carried 3 -0. Councilmembers Turnquist and Beaudet
voting no.
6. Design Guidelines - Councilmember Robert stated she has
met with the City Planner on establishing design
guidelines and they suggested that we would need an
additional commercial zoning district. The City
currently has a B -1 and a B -2 District; B -3 would be
the new district. This district would exclude auto
related uses, i.e. gas stations, and fast foods. At
this time only text has been considered, not map area.
• The Planner's memorandum of January 21, 1998 was
discussed in regard to permitted uses in a B -3
Page 8 - City Council Minutes 01/27/98
III
District. Council q uestioned Permitted Use 15 -
"Sexually Oriented Use - Principal and Accessory," as to
if that would be required as a permitted use. City
Planner Richards said the City is required to have a
certain percentage of sexually oriented use available
in the community and the City does have other controls,
such as distance from schools, liquor establishment,
residential neighborhoods, etc. to help control the
use. Council would like the following changes to
permitted uses:
► Drop Permitted Use 1: Any permitted use in the B -1
District,
• Remove "Taverns and Off -Sale Liquor" from
Permitted Use 8,
► Drop Permitted Use 7: "Motels, Motor Hotels, and
Hotels," provided that the lot area contains not
less than five hundred (500) square feet of lot
area per unit,
► Drop Permitted Use 16: "Theaters, excluding drive-
l) in type of service,"
► Eliminate big box commercial buildings,
• Drop Permitted Use 15: "Sexually Oriented Use -
Principal and Accessory," if possible,
► Drop Permitted Use 2: Of Accessory uses - "Semi -
Truck Parking."
City Planner will continue to work with Councilmembers
Robert and Swenson on the design plan and zoning amendment.
7. Report and Recommendations for Mediation Services -
Councilmember Robert stated the mediation costs are
approximately $500.00 to $1,000.00 per time. Councilmember
Robert reported that the test case was successful. She
stated that there would be a Chief Coordinator and a panel
of three to make the recommendations for mediation. A
separate panel would then do the mediation. City Attorney
stated the content of the mediation would be confidential as
long as City personnel and City Council do not take part in
the mediation. Councilmember Robert requested that the
issue be tabled if and when funds become available.
8. NSP Permit - Councilmember Beaudet reported the location
of the informational meeting with MPCA scheduled for January
Page 9 - City Council Minutes 01/27/98
III 29, 1998 at 4:00 p.m. will be changed so it can be
televised. The meeting was scheduled to be held at Oak Park
Heights City Hall. The meeting will possibly be at
Washington County Government Center. The second
informational meeting will be held February 4, 1998 at Oak
Park Heights City Hall at 6:30 p.m. NSP, MPCA, and
environmental groups will make presentations. Councilmember
Beaudet and City Attorney will draft a resolution thanking
NSP, MPCA, and environmental groups for working together on
this issue.
VII. New Business:
1. 1998 Street Reconstruction - Tabled until February 24,
1998.
2. Resolution 98 -10 -10 - A Resolution Setting the Board of
Review Dates for the City of Oak Park Heights in 1998 -
Tentative dates set by Washington County for the Board of
Review are April 7, 1998 at 5:00 p.m. and April 21, 1998 at
6:00 p.m. at Oak Park Heights City Hall. Councilmember
• Robert recommended changing the time for the April 21, 1998
Board of Review meeting to 5:00 p.m. because there is a Park
Commission meeting at 6:30 p.m. that night. Councilmember
Robert, seconded by Beaudet, moved to adopt Resolution 98-
01-10 setting the Board of Review dates for April 7, 1998 at
5:00 p.m. and April 21, 1998 at 5:00 p.m. Roll call taken.
Carried 5 -0.
Mayor Schaaf announced Council will adjourn to Closed Session
after completion of the agenda to discuss the interviews with
finalists for the position of City Administrator.
3. Sales Tax Resolution - Councilmember Turnquist, seconded
by Robert, moved to support Washington County's position on
repealing the sales tax on Cities. City staff was directed
to send letter to Washington County and State legislators
supporting position. Carried 5 -0.
4. Schedule Workshop with DNR Representative on
Wetland /Stormwater Pond Setbacks - Councilmember Robert,
seconded by Swenson, moved to invite Molly Shodeen from the
410 DNR to a workshop on February 24, 1998 at 4:30 p.m. to
discuss standards for setbacks for wetland areas. Carried
5 -0.
Page 10 - City Council Minutes 01/27/98
111 Councilmember Beaudet, seconded by Turnquist, moved to adjourn to
Closed Session at 11:04 p.m.. Carried 5 -0.
Regular Council meeting reopened at 11:30 p.m.
Mayor Schaaf announced there will be a continuation of the Closed
Session on Friday, January 29, 1998 at 3:00 p.m. to discuss Union
negotiations and personnel matters dealing with the Administrator
position.
Councilmember Swenson, seconded by Beaudet, moved to adjourn at
11:40. Carried 5 -0.
Respectfully submitted,
udy Holst
Interim Administrator
111
411
OAK PARK HEIGHTS
• CITY COUNCIL MINUTES, TUESDAY, JANUARY 13, 1998
4:30 WORKSHOP
Call to Order: The meeting was called to order at 4:31 p.m. by
Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson,
and Turnquist. Staff Present: Interim Administrator Holst,
Police Chief Swanson, Public Works Director Benson, City Engineer
Anderlik, and Administrative Intern Mesko Arrived late: City
Attorney Vierling.
I. Department Reports
1. Police
a. Chief Swanson said that the Police Department conducted
twelve tobacco compliance checks in December and had
only one violator.
b. Swanson also said that the first phase of the Safe and
Sober program has been completed and there were eight
DWI's issued. He said that the police have seen a
higher alcohol concentration lately, but he does not
know the reasons why it has recently increased. There
was discussion about the steps that police departments
can take to punish offenders. Swanson said that a new
law that went into effect January 1 allows for the
confiscation of drivers licenses and vehicles under
certain circumstances.
• c. The Chief also reported that the State Patrol has
requested Oak Park Heights' assistance with a one day
saturation project during Lumberjack Days this July.
The City will be reimbursed for its overtime expenses.
Swanson said that he would notify Council of the exact
date when he finds out.
d. Swanson requested authorization to purchase a new squad
car and to connect to the Washington County
computer /records system. The items are on the Consent
Agenda for approval. He said that the police have been
using each car for approximately three years, with
100,000 miles on the vehicle. Swanson also said that
the connection to Washington County's system will
increase the quality and efficiency of the officers.
e. Mayor Schaaf had asked Swanson about the status of the
Washington County radio system. Swanson said that he
understands that the County will wait until 2002 at the
earliest to make a decision. This is based on the
assumption that information will develop which will
make the project more feasible. Swanson recommended
that the Council consider planning for this in their
upcoming Capital Improvement Budgets.
f. Schaaf also asked about the winter parking ban.
Swanson said that very few tickets have been issued;
the police are warning residents before ticketing them.
Page 2 - Workshop Minutes 01/13/98
• 2. Administration
a. Interim Administrator Holst asked if any Councilmember
would be interested in attending a TIF conference on
February 5 and 6. She requested that anyone wishing to
go contact her so that the registration materials can
be sent in.
b. Holst also requested direction on how to handle the
request by Brian DeRosier to remove a boulevard tree
from his yard. Councilmember Robert said that she had
visited the home and requested DeRosier to call some
tree service companies. If they will remove it at the
same price that they normally charge the City, he is to
call Holst to arrange to have the tree removed.
c. Holst then told Council that she had received a request
from Stillwater for the $50,000 contribution the City
had agreed to for the ice arena. She asked how the
Council would like to handle this situation. Council
said that they would like Holst to send the $50,000 to
Stillwater with a letter stating that the initial
conditions have changed, and that may affect future
contributions if they are not addressed. Specifically,
the Council would like an advisory board established.
Council then directed Holst to add these items to the
Consent Agenda.
d. Holst also asked Council for direction on Consultant
•
David Hozza's project for a one -stop shop process for
development in the City. Council requested that Holst
get a time estimate from Hozza to determine who would
be finishing this project.
e. Holst asked if staff could fax items to the Council on
a daily basis rather than copying everything into the
weekly packet. She said that the monthly copying costs
are between $250 -$300 per month. Councilmember Robert,
who has a thermal fax, was the only one who wished to
continue with the weekly packets as they are currently.
It was agreed that staff could fax items to Council on
a daily basis and supply the Council with a list of
items faxed at the end of every week.
f. Holst said that S &S Tree Service would do the tree
pruning on Monday, January 19.
g. Holst reported that newsletter bids and roof repair
bids and specifications will be presented at the
January 27 meeting. Councilmember Robert requested
that a price estimate be made on adding an awning to
the front entrance of City Hall.
h. Council directed staff to contact Menard's to inform
them that they will need to apply for a sign variance
because they have too many category signs on the front
of their store.
• 3. Public Works
a. Benson said that the signs for 58th Street and Krueger
Avenue, 60th Street and Krueger Avenue, and 58th Street
Page 3 - Workshop Minutes 01/13/98
and Neal Avenue have been ordered and will be installed
as soon as received.
b. Benson also said that Brekke Park was flooded by
someone other than a Public Works employee without
sweeping the ice, and that is why the ice became bumpy.
He requested that Public Works be the only ones to
flood the rinks in order to prevent this from happening
in the future.
c. Benson said that the trails have been cleared, although
the trail on 58th Street is accumulating a lot of snow.
Councilmember Turnquist requested that the Council continue
to discuss the establishment of a Planning Commission and
suggested doing so in a workshop.
Turnquist also asked if the City needs an ordinance dealing
with individual sanitary sewer systems. City Attorney
Vierling said that the City is covered under the County's
plan, but that he would draft an ordinance for Oak Park
Heights.
Turnquist requested an update on the status of the County
purchasing election equipment for municipal use.
• II. NSP Utility Permit - John Wertish
Mayor Schaaf pulled this item off the workshop agenda.
Councilmember Beaudet said the comment period for the permit
has been extended and public comment is encouraged. Mayor
Schaaf said that NSP has been very cooperative to work with
on this issue.
III. Valley View Estates - Jack Krongard
Mr. Krongard was unable to attend - Mayor Schaaf pulled this
item off the workshop agenda. Interim Administrator Holst
said that she has spoken with Mr. Krongard and that he feels
that he has done his part with this development and any
problems with the beehives are the City's responsibility.
City Engineer Anderlik said that Mr. Krongard's conclusion
is based on a false assumption that his development did not
increase any of the drainage volume to the storm sewers.
Anderlik was directed to write a letter to Krongard
reiterating this point. City Attorney Vierling was also
directed to review Krongard's Development Agreement.
IV. Discussion of Stillwater Area Chamber of Commerce /SAEDC
Membership
Mayor Schaaf said that he has learned that the Chamber does
not give any money to the Bridge Alliance, a pro- bridge
organization. He said that while members of the Chamber may
attend and support the bridge, the Chamber itself does not
• take a stand on the issue. Schaaf also said that there will
be a meeting on January 28 for the Stillwater Area Chamber
of Commerce and the Stillwater Chamber of Commerce Executive
Page 4- CIty Council Workshop 01/13/98
Boards to discuss working more cooperatively between the two
chambers. Schaaf said that he felt the City should support
the Chamber and continue its membership for 1998 in the
amount of $575. Councilmember Turnquist agreed and staff
was directed to add the item to the Consent Agenda.
V. Discussion of 1998 Council Appointments.
Councilmember Robert said that Margaret Schwartzbauer will
occupy one of the open seats on the Parks Commission. The
appointment of a Cable Commission Citizen Representative was
postponed until the January 27 Council meeting. Council
also agreed that all appointments are to be for one -year
terms unless otherwise noted. Staff was directed to contact
Abrahamson Nurseries to see if they would be interested in
becoming the City's Arborist. City Attorney Vierling said
that having Abrahamson as the arborist may not work; the
company also bids to plant trees in the City. Councilmember
Robert requested that the Tree Board responsibilities be
transferred to the Parks Commission and the item be added to
the January 27 agenda.
VI. Closed Session.
City Attorney Vierling said that not all personnel issues
are allowed in closed session, and that the current request
for closed session does not fit into the allowable reasons.
411 Mike Thomas - NSP Ash Management
Mr. Thomas was present to inform the Council that there will
be some work done on the cap structure of the ash pit.
Thomas said that there is an agreement between NSP, MN /DOT,
and the MPCA to do this work. While Thomas emphasized that
there are no ecological or human contamination, he stated
that there have been influences on the groundwater detected
which NSP would like to immediately address. Council
requested that Thomas return before the project begins to
make a more in -depth presentation to the Council. Council
also requested that the trucks hauling for this project use
state roads while working. Thomas agreed to return and
explain the project more in depth to the Council later this
winter or early spring.
Adjournment:
Mayor Schaaf adjourned the workshop at 6:10 p.m.
Respectfully Submitted,
AALUU 4 / ( 't-
Melanie Mesko
Administrative Intern
III
11
OAK PARK HEIGHTS
111 CITY COUNCIL MINUTES, TUESDAY, JANUARY 13, 1998
7:00 P.M. AGENDA
Call to Order: The meeting was called to order at 7:03 p.m. by
Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson,
and Turnquist. Staff Present: Interim Administrator Holst, City
Attorney Vierling, City Planner Richards, City Engineer Anderlik,
and Administrative Intern Mesko.
I. Approval of Agenda:
The following was changed on the agenda: 1)The presentation of 5
year pens to Police Officers Joe Croft and Paul Hoppe was added
as Item 3 of Visitors; 2) Approval of $50,000 payment and letter
to Stillwater regarding the ice arena was added as Item 14 of the
Consent Agenda; 3) the presentation by Carol Andrews of the MPCA
was pulled from Item 1 of the Visitors Section; 4) the name of
the new Parks Commission member, Margaret Schwartzbauer, was
added to the 1998 Council Appointments, Item 13 of the Consent
Agenda. Councilmember Turnquist, seconded by Swenson, moved to
approve the agenda with changes. Carried 5 -0.
II. Department Reports
Police - Police Chief Swanson presented Officers Hoppe and
Croft with Oak Park Heights pens in recognition of five
years with the City. Mayor Schaaf thanked the two officers
411 for their service to Oak Park Heights.
1. Parks - Councilmember Robert said that Margaret
Schwartzbauer is the newest member of the Parks Commission.
Robert also said that she should have another member for the
second vacant Parks Commission seat by the January 27
Council meeting.
2. Cable - Councilmember Turnquist reported that there will be
cable commission meeting next week.
3. Water Management Organizations - Councilmember Beaudet said
that the next WMO meeting is set for Thursday, March 12,
1998 at 7:00 p.m. at Bayport City Hall. Beaudet said that
the WMO had approved their budget at the last meeting. He
also reported that legislation for the reconstruction of the
prison pond storm sewer system is still progressing. Mayor
Schaaf thanked Councilmember Beaudet for all the work he has
done on finding a solution for the Perro Pond storm sewer
problem.
4. Recycling Award - Administrative Intern Mesko awarded a
$25.00 check to Michael and Pamela Meinert of 5735 Newberry
Avenue for participating in the City's recycling program on
Thursday, January 8, 1998.
5. Oak Park Heights Business Group - The group will be meeting
on Wednesday, January 14, 1998 in the Rainbow Foods training
Page 2 - City Council Minutes 01/13/98
room to discuss how employers can find and retain qualified
411 employees.
6. Bridge Report - Mayor Schaaf reported that all briefs have
been filed and oral arguments will be heard on Friday,
January 16, 1998 at 9:00 a.m. in the Hennepin County
Courtroom.
III. Visitors:
1. Carol Andrews - Minnesota Pollution Control Agency
The presentation by Ms. Andrews was canceled.
Councilmembers Beaudet and Turnquist have been working on
the issue of the NSP Utility Permit process. There are two
informational meetings for the public scheduled. Mayor
Schaaf said that he felt these meetings were very important
and that he would request an allocation of up to $300 to
cablecast them if the Cable Commission is not able to
broadcast for free. Councilmember Robert said that she did
not support the City paying for the meetings to be cablecast
because she felt the Cable Commission should pay, not just
Oak Park Heights. Mayor Schaaf, seconded by Swenson, moved
for approval of allocation of up to $300 to cablecast the
NSP Utility Permit Public Meetings if the Cable Commission
did not pay for the taping and broadcast. Carried 4 -1,
Councilmember Robert voting against.
2. Tim Nolde - Presbyterian Homes
110 Tim Nolde and Dan Lindh were present to discuss with the
Council the possibility of the development of an assisted
living housing campus in Oak Park Heights. They suggested
that Council accompany them on a tour of another facility
that would be similar to the type suggested. Nolde said
that the campus would include congregate, low - level,
assisted, and nursing care facilities, some of which are tax
exempt. They also said that a criteria list was prepared to
determine a site for the new facility, and Oak Park Heights
fulfilled many of the criteria outlined. Councilmember
Turnquist, seconded by Swenson, moved to visit the
Bloomington Presbyterian Homes campus site on Wednesday,
January 28 at 4:00 p.m. Carried 5 -0.
IV. Consent Agenda:
1. Approve Bills & Investments
2. Approve City Council Minutes - December 17, 1997
3. Approve 1998 Central St. Croix Cable Commission Budget
4. Approve Amendment to Northwest Associated Consultants 1998
Contract
5. Resolution 98 -01 -01 - A Resolution Designating 1998 Checking
and Bank Depositories
6. Resolution 98 -01 -02 - A Resolution Designating Charges for
City Items
7. Resolution 98 -01 -04 - A Resolution Appointing Professional
• Consultants for the City of Oak Park Heights in 1998
Page 3 - City Council Minutes 01 /13/98
8. Resolution 98 -01 -05 - A Resolution Issuing a Gambling
• Premises Permit for Veteran of Foreign Wars #323 For
Operation of Gambling Activities Within the City of Oak Park
Heights.
9. Resolution 98 -01 -06 - A Resolution Issuing a Gambling
Premises Permit for Stillwater St. Croix Valley Amateur
Hockey Association to be Conducted at Millroad Inn, 15506
North 59th Street, Within the City of Oak Park Heights.
10. Approve City Investment Policy for 1998.
11. Authorization for the Police Department to order and install
equipment enabling Oak Park Heights to go online with the
Washington County computer /records system and authorization
to order a squad car for 1998.
12. Approval of 1998 Stillwater Chamber of Commerce /SAEDC
membership in the amount of $575.00.
13. Approval of 1998 Council appointments
14. Approval of $50,000.00 contribution to the Stillwater Ice
Arena and letter to Stillwater regarding ice arena concerns.
Councilmember Turnquist, seconded by Swenson, moved to pull Item
13, the Approval of 1998 Council appointments and Item 14,
Approve $50,000.00 contribution to the Stillwater Ice Arena from
the Consent Agenda. Carried 5 -0.
Council added Margaret Schwartzbauer as Parks Commission member,
added Councilmember Turnquist as Alternate and Mike Dahlquist as
Citizen Representative of the Co- Operation Committee, and amended
410 the Coalition of Utility Cities Liaison to indicate Dave Schaaf
as the Alternate.
The 1998 Council appointments are:
Deputy Mayor JERRY TURNQUIST
Civil Defense Director MARK SWENSON
Park Commission Liaison JANET ROBERT
Park Commission Alternate DAVID BEAUDET
Park Commission Appointments MARGARET SCHWARTZBAUER
(3 year term)
Cable Commission Council Representative JERRY TURNQUIST
Cable Commission Citizen Representative
Cable Commission Alternate
Middle St. Croix /Brown's Creek/
Valley Branch WMO DAVID BEAUDET
Co- Operation Committee DAVE SCHAAF
JANET ROBERT
Co- Operation Committee Alternate JERRY TURNQUIST
Co- Operation Committee
Page 4 - City Council Minutes 01/13/98
Citizen Representative MIKE DAHLQUIST
• Washington County League of Local
Governments Liaison DAVID BEAUDET
Nuisance Mediation Committee JANET ROBERT
LINDY SWANSON (Chief)
Nuisance Mediation Committee
Resident Liaison SCOTT BOL
Chamber of Commerce /SAEDC Liaison DAVE SCHAAF
Lower St. Croix River /Boundary Area
Planning Commission Liaison DAVID BEAUDET
Assistant Weed Inspector ROLLIE STABERG
Bargaining Unit Liaison JERRY TURNQUIST
Coalition of Utility Cities Liaison JERRY TURNQUIST
Coalition of Utility Cities Liaison
Alternate DAVE SCHAAF
Councilmember Swenson said that the initial conditions of the
Stillwater Ice Arena are not the same as when the City made its
financial commitment of $50,000 for one year and $15,000 a year
410 for ten years. Mayor Schaaf said that while it will not be a
Joint Powers Agreement running the arena as initially thought,
Stillwater has done a lot of work spearheading this project and
he felt that Oak Park Heights should stay with its original
commitment. Swenson said he did not object to the initial
$50,000 contribution; he would like a letter to Stillwater
outlining Oak Park Heights' expectations for certain things to be
in place before future financial donations. Council directed
staff to write a letter to Stillwater indicating the desire for
an advisory board to be created from those contributing members,
and Oak Park Heights' hesitance to contributing money in the
future if that issue is not sufficiently addressed.
Councilmember Swenson, seconded by Turnquist, moved to approve
the Consent Agenda as amended. Roll call vote was taken. Carried
5 -0.
V. Public Hearings:
1. Proposed Amendment to Oak Park Ponds PUD, Proposed
Amendment to General Development Plan for Phase III of Oak
Park Ponds PUD. and Proposed Conditional Use Permit -
Dolphin Real Estate Development - City Planner Richards said
this plan for a Burger King restaurant is one of the last
segments of the Oak Park Ponds Shopping Center. He outlined
his recommendations and issues with the proposal:
Page 5 - City Council Minutes 01/13/98
• Arch Appearance - Richards recommended better use of block
Ili to match the other buildings in the shopping center;
► Trash - Richards suggested the trash doors be moved for
aesthetic reasons to face Hollywood Video;
► Signage - Richards said that the proposed signage on three
sides is not in conformity with City ordinances; the
restaurant would only be allowed two signs. The proposed
freestanding sign would also not be allowed;
• Landscaping - He said that he would be meeting with HKS
Architecture to discuss the landscaping of the entire Oak
Park Ponds Shopping Center.
Richards said that he recommended approval based on the
conditions outlined in his report and reports from staff and
the City Engineer.
Greg Dolphin of Dolphin Real Estate Development and Alan
Kretman of HKS Architecture were both present to address
concerns raised by their proposal. Dolphin said that the
building proposed is very similar to the corporate design
for a Burger King. There was discussion about the color the
brick to better match the rest of the development. Dolphin
said that he would need to get approval from Burger King
headquarters for the change.
Council also had concern about the lighting band around the
top of the building. Richards said that he felt that it
• would not be overwhelming if it ties in with the other
banding on the building.
Dolphin said that the trash receptacle is arranged in the
manner it is for ease of removal. He said that it is
similar to a garage, with a roof and a sliding door. He
agreed to make sure that the garage doors are painted the
same color as the rest of the building for aesthetic
continuity.
Dolphin disputed the sign requirements; he said that he felt
his business was being penalized for locating in a shopping
center. He said the recessed location of Oak Park Ponds
makes him fear that the Burger King will not be visible
without more signage. There was discussion about how to
accommodate Mr. Dolphin's concerns while maintaining the
City's design standards. Richards said that this may
establish a tough precedent if more signs are approved. He
recommended that the Council follow his suggestions in the
report with the understanding that Burger King could apply
for a sign variance in the future.
There was also discussion about the landscaping around the
building. Alan Kretman said that he would discuss this
further with Scott Richards at the meeting the next day to
discuss the best mix of plantings for this area.
II/
Page 6 - City Council Minutes 01/13/98
Councilmember Turnquist, seconded by Swenson, moved to
411 continue the Public Hearing until January 27, 1998. Carried
5 -0.
VI. Old Business:
1. Resolution 98 -01 -08 - A Resolution Supporting the
Efforts of Senator Gary Laidig and Representative Mark
Holsten to Have The State of Minnesota Finance the Cost
to Reconstruct the Storm Sewer Servicing the Minnesota
Correctional Facility at Bayport, Minnesota to
Alleviate Storm Water Flooding Within Perro Creek and
the City of Bayport - Councilmember Beaudet, seconded
by Robert, moved to approve the resolution. Roll Call
vote. Carried 5 -0.
Mayor Schaaf said that Consultant Hozza has put in many
hours on this reconstruction project and he recommended
that Council approve payment of up to 40 hours of
lobbying by Hozza at $30.00 per hour, for a total of
$1,200 on this project. Councilmember Turnquist said
that he felt that this issue was important to the
entire watershed, not just Oak Park Heights.
Councilmember Beaudet said that he did not think that
Hozza would use the entire 40 hours; he also said that
the watershed has agreed to pay up to $4,000 to provide
documentation to support the reconstruction project.
There was discussion about hiring another lobbyist;
• Council agreed that they would not be able to hire an
effective lobbyist for $30.00 per hour. Councilmember
Turnquist, seconded by Beaudet, moved to hire
Consultant David Hozza at $30.00 per hour, up to 40
hours, to lobby for the reconstruction of the prison
pond. Carried 5 -0.
2. Oppidan Landscape Plans - Councilmember Robert said
that she felt that additional landscaping would be
beneficial for the pond areas. Alan Kretman said that
he welcomed comments from both Council and staff as to
what type of landscaping may be preferred on the
development. City Planner Richards said that he was
interested in planting trees which complement each
other and add diversity over the long term.
3. Development Design Plans - City Planner Richards -
Councilmembers Robert and Swenson agreed to meet with
Richards to discuss design standards for the City and
report back to the rest of the Council on what
recommendations they have.
4. Stillwater Correctional Facility Use of Oak Park
Heights' Hydrants - City Engineer Anderlik said that
this is a valuable service to the prison and the City
• needs to determine how it will recoup the value from
the prison.
Page 7 - City Council Minutes 01/13/98
Anderlik was directed to develop cost estimates for the
engineering costs for connection, the costs for
emergency connection to the hydrant, and the costs for
connection in the long -term (five -ten years) to the
hydrant. Anderlik was also directed to do an analysis
of what kind of equipment would be needed for this type
of project.
City Attorney Vierling said that the City needs to talk
with Bayport about the pros and cons of opening water
connections beyond its borders.
VII. New Business:
1. Resolution 98 -01 -03 - A Resolution Designating the
Courier News as the City of Oak Park Heights Official
Newspaper - Council asked Interim Administrator Holst
how much the City pays for legal publications per year.
Holst said that the cost runs between $2,000 - $3,000.
Councilmember Beaudet, seconded by Turnquist, moved to
approve the resolution approving the Courier as the
official newspaper of 1998. Roll Call vote. Carried
5 -0.
Adjournment: Councilmember Swenson, seconded by Turnquist, moved
to adjourn at 9:29 P.M. Carried 5 -0.
Respectfully submitted,
111 Adatik,u_ fibil-c)
Melanie Mesko
Administrative Intern
411