HomeMy WebLinkAbout08-24-2010 Minutes •
CITY OF OAK PARK HEIGHTS
• TUESDAY, AUGUST 24, 2010
CITY COUNCIL MEETING MINUTES
Call to Order/Pledge of Allegiance /Approval of Agenda:
The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present:
Councilmembers Abrahamson, McComber, Runk, and Swenson. Staff present:
City Administrator Johnson, City Attorney Sandstrom, Finance Director Holst,
Police Chief DeRosier, and City Engineer Long. Absent: City Planner Richards.
Mayor Beaudet added "Set a Budget Worksession for September 7, 2010 at 4:30
p.m." as Consent Agenda Item F; "Approve Resolution 10- 08 -26" as Consent
Agenda Item G; and "Allow Staff to Investigate and Provide Feedback for
Council Computers for Electronic Packets" as Consent Agenda Item H.
Councilmember McComber, seconded by Councilmember Swenson, moved to
approve the Agenda as amended. Carried 5 -0.
II. Closed Session: The City Council held a closed session pursuant to Minnesota
Statutes 13.d to discuss matters in litigation with city attorneys relative to the
matter of the County of Washington versus the City of Oak Park Heights, District
Court File No. 82 -CV -10 -4198. At the conclusion of the closed session, the
1111 regular meeting reconvened, and Attorney Sandstrom announced that no action
was taken during closed session.
III. Department /Council Liaison Reports:
A. Planning Commission: Councilmember Abrahamson reported that the next
meeting of the Planning Commission was set for September 16 at 7:00
p.m.
B. Parks Commission: Councilmember McComber reported that the next
meeting of the Parks Commission would be held on Monday, September
20 at 6:30 p.m. and that a walkthrough was scheduled for September 18 at
9 a.m. beginning at Cover Park.
McComber also reported that the City met the qualification for Playful
City USA, and the signs have arrived at City Hall.
C. Water Management Organizations /Middle St. Croix: Mayor Beaudet
reported that the next meeting of the Middle St. Croix Watershed
Management Organization was scheduled for September 9 at 7:00 p.m. at
the Washington Conservation District Office.
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City Council Meeting Minutes
August 24, 2010
Page 2 of 6
• D. Other Liaison/Staff Reports: Mayor Beaudet provided a recap of Party in
the Park which was held on August 3 at Brekke Park. He also reminded
residents of the upcoming Fall Clean -up Day scheduled for September 25
from 7:30 a.m. to 1:00 p.m. Beaudet reported that the City will have a
CFL light bulb exchange event at the Fall Clean -up and at the polling
places on Election Day. .
Councilmember McComber reported that the Beyond the Yellow Ribbon
plan was accepted, and a recognition event was scheduled for September
22 in Farmington.
III. Visitors/Public Comment:
A. Presentation by Ms. Elizabeth Wefel — Coalition of Utility Cities:
Elizabeth Wefel, a lobbyist with Flaherty and Hood representing the
Coalition of Utility Cities, provided a presentation on the purpose of the
coalition and utility taxation.
B. Recycling Award: Administrative Secretary Pinski reported that Pat and
Marie Foley of 5872 Olene Avenue North and Pat Waldorf and Renee
Edin of 14881 55 Street North were chosen as the recycling award
winners for the month of August.
• IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes — July 27, 2010
C. Jorgenson Construction Inc. 14 Payment for New City Hall
D. Approve Change Order No. 1 for Miller Excavating, Inc. 2010 Storm
Sewer Improvements
E. Miller Excavating, Inc. 2nd Payment for 2010 Storm Sewer Improvements
F. Set a Budget Worksession for September 7, 2010 at 4:30 p.m.
G. Approve Resolution 10 -08 -26
H. Allow Staff to Investigate and Provide Feedback for Council Computers
for Electronic Packets
Councilmember McComber, seconded by Councilmember Swenson, moved to
approve the Consent agenda. Roll call vote taken. Carried 5 -0.
V. Public Hearings:
None
VI. Old Business:
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City Council Meeting Minutes
August 24, 2010
Page 3 of 6
• A. City Hall Facility: Mayor Beaudet, seconded by Councilmember Swenson,
moved to approve PR number 61 for a change order up to $2,031.00.
Carried 5 -0.
B. Hearing to Show Cause — Oak Park Wine & Spirits: Diana Avery Ruiz,
owner of Oak Park Wine & Spirits appeared before the council and
admitted the illegal sale and code violation occurred and stated that the
employee who caused the violation was inexperienced and perhaps
misread the identification due to a learning disability. Notwithstanding
Ms. Ruiz's response to the violation, the council determined that a
violation occurred and that the standard $500.00 fine was warranted,
particularly given the City's past practice of imposing the same fine on
other violators. The Council noted that it was Ms. Ruiz's responsibility to
ensure her employees have been properly trained and can perform their
job duties within the bounds of the law. Ms. Ruiz requested an extension
to pay the monetary sanction.
Councilmember Abrahamson, seconded by Councilmember Swenson,
moved to extend the receipt of the civil fine to November 1, 2010. Carried
5 -0.
Councilmember Abrahamson questioned whether the Resolution outlined
• a specific deadline by which the penalties are to be paid. Police Chief
DeRosier reviewed the Resolution and reported that it states that fines
shall be aid within 60 days unless the council feels a longer time period is
P y g
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justified.
Mayor Beaudet, seconded by Councilmember Swenson, moved that the
City Attorney review that matter and make a recommendation to council
on whether more information should be added to the file regarding the
extension of the payment deadline. Carried 5 -0.
C. Discussion about Use of City Trails /Roadways for Golf Carts and Other
Mobility Devices: Police Chief DeRosier provided a summary of his
memo which was included in the meeting packet for that evening's
meeting. He stated that he recommended a compromise of limited use on
City trails, and use of the devices would be allowed on private trails on
site. Councilmember Abrahamson questioned the City's liability in the
event there was an accident or a person fell out of a golf cart in a City
right -of -way and be injured. Attorney Sandstrom reported that the City
would not liable. He stated that if an accident involved another driver, the
court would determine liability. He stated the City may be liable if the
accident was caused by the trail itself.
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City Council Meeting Minutes
August 24, 2010
Page 4 of 6
David Spencer and Jan Gage, residents of Boutwells Landing and golf cart
drivers, came forward at the meeting to express their opinions in favor of
allowing the devices.
Councilmember Runk, seconded by Councilmember McComber, moved
to direct staff to prepare a draft ordinance for future action following
Police Chief DeRosier's recommendation, and for staff to check with
LMCIT for issues of liability. Carried 5 -0.
Councilmember Abrahamson stated he would like to hear from the City
Engineer on the impact so far and future impact of golf cart use on City
trails.
D. Social Host Ordinance: Police Chief DeRosier reviewed his memo that
was included in the meeting packet for that evening's meeting. He
reported that there were funds available to have brochures printed.
Councilmember Swenson, seconded by Councilmember Runk, moved to
approve Social Host Ordinance 1205. Carried 5 -0.
E. Clarify Date and Time for Public Hearing on Review of Liquor, Tobacco,
and Amusement License Fees: Mayor Beaudet, seconded by
• Councilmember McComber, moved to clarify that the Public Hearing is
scheduled for September 14, 2010, at 7:00 p.m. Carried 5 -0.
VII. New Business:
A. Tobacco Compliance Violation — Walgreens: Police Chief DeRosier
reported that the Police Department conducted routine tobacco compliance
checks, and that Walgreens failed the compliance. He reported that it was
the third violation within 24 months. DeRosier recommended a $1,500
fine and a 10 -day suspension of license be imposed with the suspension to
occur November 1 through November 10, and to set a Hearing to Show
Cause to provide Walgreens the opportunity to contest the sanction and
license suspension.
Mayor Beaudet, seconded by Councilmember Swenson, moved to impose
the $1,500 fine and 10 -day suspension of tobacco license per Resolution
01- 02 -13, and to set a Hearing to Show Cause for September 28, 2010, at
7:00 p.m. Carried 5 -0.
B. Winter and Snow Emergency Parking: Jessica Anderson, Administrative
Intern for the City of Oak Park Heights, reviewed her memo which was
included in the meeting packet for that evening's meeting.
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August 24, 2010
Page 5 of 6
Councilmember McComber, seconded by Councilmember Swenson,
moved to direct staff to prepare a draft ordinance to bring back to council
for the next meeting. Carried 3 -2, Beaudet and Abrahamson opposed.
C. Carriage Homes Development — Tax Exempt Bond Request to Reduce
Certain City Fees: City Administrator Johnson reported that Tim Nolde of
Anchobaypro requested a 15 percent reduction in fees from the City's
bond issuance fee. Johnson reported that a 15 percent reduction would
reduce the $73,950.00 fee by $11,092.50.
Mayor Beaudet, seconded by Councilmember Swenson, moved to reduce
the amount by 15 percent to be granted after the project is fully completed
and tied to specific project performance guidelines such as no incidences
of storm -water management violations, maintain clean roadways,
operating in required hours, and other reasonable considerations to be
defined by City Staff. Carried 5 -0.
D. Streetlight at Southwest Corner of 60 Street and Oakgreen Avenue:
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
direct staff to identify the cost and time to install a streetlight at the
southwest corner of 60 Street North and Oakgreen Avenue North.
Carried 5 -0.
Mayor Beaudet, seconded by Councilmember McComber, moved to direct
the City Administrator to send a letter to Xcel Energy expressing
disappointment that the light at the southeast corner of 60 Street and
Oakgreen Avenue has not been repaired. Carried 5 -0.
E. Oak Park Heights City Hall Dedication — October 9, 2010:
Councilmember Runk stated he would like this item to be added to the
September 7 worksession agenda for discussion and planning. He stated
he was concerned about authorizing a grant to the choir since the City was
not providing a grant to the band that would likely be performing at a
summer program in 2011.
Mayor Beaudet, seconded by Councilmember McComber, moved to set an
open house at City Hall for that date and authorize up to $400 for
refreshments. Carried 5 -0. Staff was to make recommendation on the
time for the event.
F. Create a Councilmember Workroom at City Hall: Mayor Beaudet,
seconded by Councilmember Swenson, moved to direct staff to put five
four - drawer file cabinets in the council workroom adjacent to the City
Administrator's office. Carried 5 -0.
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City Council Meeting Minutes
August 24, 2010
Page 6 of 6
•
VIII. Adjournment:
Councilmember McComber, seconded by Councilmember Abrahamson owed
to adjourn at 9 :21 p.m.
Respectfully su. itted, Ap e ved • . s to Conte a Form,
iv Nib
�ifer Pinski - leau. et
Administrative Secretary /Deputy Clerk Mayor
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