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HomeMy WebLinkAbout1997 Minutes OAK PARK HEIGHTS • CITY COUNCIL MINUTES, WEDNESDAY, DECEMBER 17, 1997 Call to Order: The meeting was called to order at 7:03 p.m. by Deputy Mayor Turnquist. Present: Councilmembers Beaudet, Robert, and Swenson. Staff Present: Interim Administrator Holst, City Attorney Vierling, City Planner Richards, and Administrative Intern Mesko. Arrived late: Mayor Schaaf. Approval of Agenda: The following was changed on the agenda: 1)Approval of Change Order No.1 for Autumn Ridge 3rd Addition Utility and Street Improvements was added as Item 5 to the Consent Agenda; 2) Approval of 5th Payment of Autumn Ridge 3rd Addition Utility and Street Improvements was added as Item 6 to the Consent Agenda; 3) Request for a Public Hearing for January 13, 1998 at 7:30 p.m. for Oak Park Ponds PUD was added as Item 7 to the Consent Agenda; 4)A resolution amending the Lighting Ordinance was added as Item 3 of Old Business; 5) A resolution for an amendment to the Water Conservation Ordinance was added as Item 4 of Old Business; 6) A resolution establishing the Cover Park winter ice hockey rink usage was added as Item 5 of Old Business; 7) Councilmember Turnquist moved to pull Item 2 of New Business, the Approval of the Central St. Croix Joint Cable Commission's 1998 Budget and add it to the January 13, 1998 Council meeting; 8) Councilmember Beaudet moved to add a memo from NAC regarding Mylar overlays for • bridge pictures as Item 3 of New Business. Councilmember Swenson, seconded by Turnquist, moved to approve the agenda with changes. Carried 5 -0. Visitors: There were no visitors. Department Reports: Police - Nothing to report. Administration - Nothing to report. Public Works - Councilmember Robert said that she and Councilmember Turnquist met with the Washington County Public Works Department to discuss developing a comprehensive transportation plan. She said that they discussed installing sidewalks on and upgrading Osgood, the turn back of certain roads, and the upgrade of Oakgreen Avenue, among other issues. She also said that the County is on a tight planning schedule and they will be meeting again in January. Councilmember Turnquist said that the County is interested in taking over Oakgreen only if they obtain control from Highway 36 to Highway 14, and most of the road is in Baytown Township. There are right -of -way costs and the City would be expected to pay 5% to 10% of the construction costs. Councilmember Robert also said that Stagecoach Trail will need to be reconstructed before the County • will consider taking it over. Page 2 - City Council Minutes 12/17/97 Parks - Councilmember Robert said that there will not be a Parks • Commission meeting this month. The next meeting is scheduled for Tuesday, January 20, 1998. Robert also reported that there are two openings on the Park Commission and she requested that anyone interested in these positions should contact her, anyone on the Parks Commission, or City Hall. Councilmember Swenson said that he has been contacted by residents wondering if the empty lot by City Hall could be converted into a park. Robert said that she has heard the same requests, and that she would like to have a meeting with the neighborhood to discuss what would work there; she said that there are informal baseball games played there and she would not like to see those games displaced. Cable - No meeting this month. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet Thursday, January 8, 1998 at 7:00 p.m. at Bayport City Hall. Beaudet also said that the Minnesota Pollution Control Agency was presenting its draft permit at the Stillwater Junior High tonight. He said that the major issue is the burning of contaminated materials and that the agency would be taking III comments about the issue until January 20, 1998. Beaudet requested that Carol Andrews from the MPCA discuss this issue and the mercury levels at the January 13, 1998 Council meeting. Council agreed that this would be an informative presentation and directed staff to contact Ms. Andrews to arrange this presentation. Recycling Award - Administrative Intern Mesko reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program was Clarence Albrecht of 6310 Paris Avenue North. Oak Park Heights Business Group - The next meeting will be on January 14, 1998, the location to be determined. Interim Administrator Holst was directed to contact Bayport Fire Chief Schwartz about attending the meeting as a speaker. Bridge Report - There was nothing to report. Councilmember Turnquist said that he has received a copy of the Property Tax Advisory Group's meeting notes. The group was formed by NSP to facilitate discussion about NSP's request for personal property tax relief. Consent Agenda: III 1. Approve Bills & Investments 2. Approve City Council Workshop Minutes - December 9, 1997 Page 3 - City Council Minutes 12/17/97 3. Approve City Council Minutes - December 9, 1997 . 4. Approve Payment of 5th and Final Utility and Street Improvements for Valley View Estates Addition 5. Approve Payment of Change Order No. 1 for Autumn Ridge 3rd Addition Utility and Street Improvement Project 6. Approve Payment for 5th Payment of Autumn Ridge 3rd Addition Utility and Street Improvement Project 7. Set a Public Hearing for Amendment to Oak Park Ponds PUD, Amendment to the General Development Plan for Phase III of Oak Park Ponds PUD, and Conditional Use Permit for Tuesday, January 13, 1998 at 7:30 p.m. Councilmember Turnquist, seconded by Swenson, moved to pull Item 2, the Workshop minutes of December 9, 1997, and Item 3, the Council minutes of December 9, 1997 and approve the Consent Agenda as amended. Roll call vote was taken. Carried 5 -0. Councilmember Turnquist said that he was not present at the December 9 workshop. Turnquist also requested that the December 9 Council minutes be amended to read, "Barbatsis, . - . . •• - _ - _ - .. •• . •• .s ___..__e_, said that they are undergoing renovations of the building and hope to be open by December 29 or 30." Councilmember Turnquist, seconded by Swenson, moved to approve the minutes as amended. Carried 5 -0. • Public Hearings: There were no Public Hearings. Old Business: Continuation - Proposed Commercial Subdivision - Oppidan Investment Company for Oak Park Ponds Shopping Center - Alan Kretman of HKS Associates was present to discuss the request. Oppidan wants to subdivide the properties so that it will facilitate future sales of the properties. Kretman said that each parcel is divided to be self - supporting with its own parking. He also said that the request would allow for the lease provisions to be replaced with lot and block descriptions. City Planner Richards recommended approval with conditions presented in his report, and that City Engineer Anderlik also give approval of the plans. City Attorney Vierling said that he has reviewed the plans and he agrees with Richards and also recommends approval of the subdivision. Councilmember Turnquist, seconded by Swenson, moved to approve the Commercial Subdivision with conditions listed in the planner's report. Carried 5 -0. Update on City Administrator Search - Councilmember Beaudet reported that 58 resumes have been received. The Par Group will be forwarding the top eight to ten resumes to Council for further review. He requested that a panel of the Council, the department • heads, Bayport City Administrator Ken Hartung, and Parks Commission Chair Mike Dahlquist meet to discuss the resumes to Page 4 - City Council Minutes 12/17/97 decide the five candidates they would like to interview. Beaudet • suggested Tuesday, December 30 at 4:00 p.m. Councilmember Turnquist said that while he welcomes the input of the panel members, he wants to make it clear that the Council has the final decision on whom to hire. Council was in a consensus that the other members would provide feedback, but the Council makes the hiring decision. Staff was directed to contact Hartung and Dahlquist about participating. Turnquist also said that a union meeting has been tentatively set for December 30 at 3:00 p.m.to discuss the supervisor's contract. Councilmember Turnquist, seconded by Beaudet, moved to set the closed union meeting on Tuesday, December 30 at 3:00 p.m. and the City Administrator search meeting on 4:00 p.m. on Tuesday, December 30. Carried 5 -0. Resolution 97 -12 -47 -A Resolution Establishing a Policy for Lighting Structures Within All New Developments Located West of Oakgreen Avenue Within the City of Oak Park Heights - This resolution addresses the type of lighting fixture which would be allowed for new developments and lighting replacements west of Oakgreen Avenue. City Attorney Vierling said that this is to notify developer's of City policy for when they are applying for site plan approval. Council discussed establishing generalized standards for future development. They set a workshop for Tuesday, January 13 to discuss this issue. Councilmember • Beaudet, seconded by Robert, moved to approve Resolution 97 -12- 47, a Resolution Establishing a Policy for Lighting Structures Within All New Developments Located West of Oakgreen Avenue Within the City of Oak Park Heights. Roll call vote was taken. Carried 5 -0. Resolution 97 -12 -48 - Resolution Amending Chapter 1001 of the Code of Ordinances of the City of Oak Park Heights to Add a Section 1001.085 Affecting Water Conservation - This change would establish a year -round odd /even sprinkling ban for all properties in Oak Park Heights in order to conserve water. Councilmember Swenson, seconded by Beaudet, moved to approve Resolution 97 -12- 48. Roll call vote was taken. Carried 5 -0. Resolution 97 -12 -49 - A Resolution Establishing Policies for the Use of Cover Park Hockey Rink From December 1, 1997 Through March 31, 1998 - Councilmember Robert has been working with the hockey association to allow them to use the Cover Park ice rink. The City Public Works Department will continue to maintain the rink and the hockey association will be able to use it from 6:00 -9:00 p.m. Monday- Friday and 9:00 a.m. -12:00 noon on Saturday and Sunday. Councilmember Turnquist, seconded by Swenson, moved to approve Resolution 97- 12 -49. Roll call vote was taken. Carried 5 -0. Page 5 - City Council Minutes 12/17/97 New Business: • Stillwater Area Chamber of Commerce and River Valley Arts Council Memberships - The dues for SACC are $575 and $75 for RVAC. Councilmember Turnquist said that the Council had made a decision during budget discussions not to fund either of these organizations due to the lower budget for 1998. Mayor Schaaf said that he felt that the SACC was an organization with which Oak Park Heights should remain involved. Councilmember Beaudet suggested tabling this issue until the January 27, 1998 Council meeting, until such time the Council has a chance to talk with the Oak Park Heights Business Group about the services provided by the Chamber. Councilmember Swenson, seconded by Turnquist, moved to deny the River Valley Arts Council's request due to the fact that is was not budgeted for in the 1998 budget. Carried 5 -0. Mylar Map Overlays - Councilmember Beaudet said that he had requested that City Planner Richards prepare an estimate for making a Mylar overlay for the bridge lawsuit. He said that this could be prepared for less than $200 and requested that Council authorize Richards to proceed. Councilmember Turnquist said that the Council had authorized $2,000 for bridge lawsuit support expenses and that money has been spent. Turnquist said that he did not support this expenditure because it has not been budgeted. Councilmember Beaudet, seconded by Robert, moved to authorize NAC to prepare the Mylar overlays at a cost not to 411 exceed $200 to come out of the Capital Revolving Fund. Carried 3 -2, Councilmembers Swenson and Turnquist voting against. Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn at 8:15 P.M. Carried 5 -0. Respectfully submitted, otwoutAAjtatto Melanie Mesko Administrative Intern • OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES TUESDAY, DECEMBER 9, 1997 Call to Order: The meeting was called to order at 4:35 by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, and Swenson. Staff Present: Interim Administrator Holst, Police Chief Swanson, Public Works Director Benson, City Engineer Anderlik, Administrative Intern Mesko, and Professional Consultant Hozza. Arrived late: City Attorney Vierling. Absent: Councilmember Turnquist. I. Department Reports Police Civil Rights Complaint - Chief Swanson said that he wanted to update the Council on a complaint received earlier in the day regarding alleged civil rights violations. Swanson said that the incident did not occur in Oak Park Heights and therefore there is no jurisdiction in the City. He referred the incident to the Minneapolis FBI office which handles civil rights violations. Parking Ordinance Complaint - Swanson said that he was surprised that the Mayor and Councilmembers were contacted by a resident unhappy with the winter parking ban. He said that he felt the issue was handled to the satisfaction of both the resident and the • Police Department. Swanson also said that the resident was abusive to staff when he came to City Hall, and he felt that the issue had been resolved and did not understand why there was displeasure with City staff and the Police Department. He requested the Council's support for enforcement of the parking ban. Council said that they felt the issue had been resolved and that they would support Chief Swanson's position. Part -time Officer Salary Increase - Swanson requested a $3.50 an hour increase for part -time officer David Kisch, effective January 1, 1998. Swanson said that since Kisch was hired in May 1996, he has not received a raise and his pay is still $9.00 per hour. Kisch is a full -time correctional officer at Washington County, and his hours are limited at Oak Park Heights. There was discussion about ways to increase interaction between the officers and Council. Swanson said that he would invite the two officers to the January Council meeting when they are to receive their five -year pen. Administration Water and Sewer Rate Study - As requested, City Auditor David Mol reviewed the engineer's report on the sewer and water rate increases. He concurred, in a memo to the Council, with Anderlik's report. The rates will be: • • 12/09/97 City Council Workshop Minutes - 2 Sewer Rates Minimum Charge $31.50 /qtr. for up to 15,000 gal. $1.95/1000 gal. for usage more than 15,000 gal Water Rates Minimum Charge $19.20 /qtr. for up to 15,000 gal. $1.00 /1000 gal. for usage more than 15,000 gal. Anderlik said that irrigation uses a lot of water, and an odd /even sprinkling ban could reduce that use and make people more aware of their summer water usage. While the City has an informal ban, it was agreed that a permanent odd /even schedule would be easier to both enforce and remember. City Attorney Vierling was directed to draft an ordinance addressing odd /even sprinkling ban. Garbage Rates - Mayor Schaaf wanted to clarify who would be paying for the Junker Landfill Lawsuit, which is going to be charged back to residents at an increase of $6.50 per quarter. Holst said that all residences, except those apartments which settled separately, will be charged. • City Maps - Anderlik presented a memo to the Council outlining the prices for different kinds of maps for the City. Interim Administrator Holst said that she would recommend the preparation of a parcel base map, zoning map, and an address map for this year. She said that City staff receives quite a few requests for City maps and that it would be nice to have some for the public. Holst then recommended that the sewer, water, and storm sewer overlays be prepared in 1998. Anderlik said that they could also prepare another overlay with geocodes and lot and blocks, as well. Council agreed to add this item to the Consent Agenda and to instruct Anderlik to begin the preparation as soon as possible. Anderlik said that he may be done as early as February 1, 1998 with the first three maps. Public Works Benson said that the streets have been swept and that he will continue to plow the 58th Street trail as long as possible. The winter parking ban signs have been installed, and Chief Swanson said that while there have been a lot of warnings issued, there have been few actual citations. There were questions about the lighting on Krueger Lane. Benson was instructed to find out the price of both a Cobra and a Shoebox light to be installed at that intersection. Council discussed consistency in the lighting fixtures, and City Attorney Vierling . said that the Council and Staff could put those requirements in a developer's agreement if they decided to establish that type of 12/09/97 City Council Workshop Minutes - 3 policy. There was also discussion about participating in an energy saving program that NSP sponsors to replace City lighting. Council requested that Interim Administrator Holst plan a workshop for this issue in January. II. Engineer's Report 58th Street Improvements There was discussion about relieving the traffic back up that occurs in the morning with the high school traffic. Mayor Schaaf said that he was planning on meeting with the superintendent and would discuss this issue with her. Council also directed Anderlik to extend the 58th Street Trail further west past Neal Avenue to Highway 5 on the south side of 58th. They also requested that there be a ten -foot snow storage between the street and the trail. Anderlik said that the project will be bid in late February and that it should take 3 -4 months to complete. III. Hozza Update Prison Pond Improvements - Hozza said that he had prepared an outline of the steps that should be taken in order to have the Department of Corrections pay for the improvements to the Perro • Pond Outlet. Senator Laidig and Representative Holsten will attend the Council meeting to further discuss this issue. Councilmember Beaudet will meet with prison officials on December 10 as well. Respectfully submitted, i 4 j Melanie Mesko Administrative Intern OAK PARK HEIGHTS • CITY COUNCIL MINUTES, TUESDAY, DECEMBER 9, 1997 Call to Order: The meeting was called to order at 7:00 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, and Swenson. Staff Present: Interim Administrator Holst, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, and Administrative Intern Mesko. Absent: Councilmember Turnquist. Approval of Agenda: The following was added to the agenda: 1) Approval of 6th and Final 1995 Street Reconstruction Payment was added as Item 7N to the Consent Agenda; 2)Approval of the Manning Avenue Joint Resolution was added as Item 4 of New Business. Councilmember Swenson, seconded by Robert, moved to approve the agenda with additions. Carried 4 -0. Visitors: State Senator Gary Laidig and Representative Mark Holsten - Laidig and Holsten were present at Council invitation to discuss some issues that will affect Oak Park Heights that may come before the state legislature. Mayor Schaaf said the four main issues are electric utility deregulation and NSP personal property tax relief, the repair of Prison Pond Outlet, Highway 36 reconstruction, and levy limits. • Utility Deregulation and Personal Property Tax Reform - Schaaf said that Oak Park Heights belongs to a Joint Powers Agreement with other utility communities. Oak Park Heights is concerned about NSP's desire to deregulate and obtain personal property tax relief. This is a big issue for the community because NSP's personal property tax makes up approximately 40% of Oak Park Heights's budget. Representative Holsten, a member of the House Electric Utility Deregulation Task Force, said that while he feels utility deregulation is an issue being discussed, he also feels that there are too many questions remaining for any legislation to be passed in the next session. He noted that Minnesota is considered to be a lower rate state, so the pressure is not as great right now. Holsten also said that a lot of information needs to be collected in order to recognize and minimize any unintended consequences that may occur. Senator Laidig said that he felt the deregulation issue was more a question of when rather than if it would happen. But he agreed with Holsten and said that the issue needs to be closely examined before any decisions are made. Councilmember Robert said that she felt deregulation is also an issue of equity. Property values are depressed when power lines and generators are in close proximity, and cities agree to let Page 2 - City Council Minutes 12/09/97 them locate because of the increased taxes the utilities pay. 411 Robert said that there are other inconveniences that are associated with utility plants, and that cities should be compensated for those inconveniences. She also noted that personal property tax reform would affect the fiscal disparities formula which benefits Oak Park Heights and surrounding communities. Prison Pond Outlet - Mayor Schaaf said that Oak Park Heights would like to see the pond be reconstructed before the problem gets worse, and the Council feels that the Department of Corrections should include this project in its bonding bill. Senator Laidig said that there are other issues that affect the prison, and that there is a possibility that the pond outlet could be included in those improvements. Levy Limits - Schaaf noted that the City has reduced its 1998 budget $20,000 from 1997. The City was hit hard, however, with the shift in commercial property taxes, which affected NSP, and the loss of the homes in the bridge area. Laidig said that is the flaw in levy limits; while they sound like a responsible way to limit municipal spending, they can't take into account a lot of issues that would affect a city's budget and increased spending. They discussed the shift in property taxes that was passed this last legislative session, and how it has affected homeowners in Oak Park Heights. Highway 36 Reconstruction - Schaaf said that the City would like to see 36 improved regardless of the bridge status. Laidig agreed that the traffic flow is significant and that the improvements on 36 and 5 have markedly improved the congestion. He also agreed that further improvements would be beneficial. Council thanked Representative Holsten and Senator Laidig for coming in and discussing these issues which affect Oak Park Heights. Mike Knutson - Valley Access Channels Mr. Knutson was present to clarify some issues regarding VAC taping policy. Council had expressed concern that pro- bridge issues were receiving priority over other views about the bridge. Council was also worried that there may be a conflict of interest with the coverage. Mr. Knutson said that VAC had not received any other complaints about the meetings that have been covered by the cable channel. There was discussion about the policy used for requesting an event to be taped. Councilmember Robert said that the Council was requesting a written policy of VAC's taping schedule in order to clarify any confusion regarding that policy. Knutson said that VAC may discuss that at a board meeting, and he reiterated that VAC has a policy of equal access to all on a first come, first served basis. Knutson then said that anyone can call to request a taping of an event; if someone is available, VAC will Page 3 - City Council Minutes 12/09/97 do all they can to accommodate the request. Councilmember Robert • said that she found the whole organization confusing, because there are several different branches that handle cable issues. Jack Doerr of the Valley Access Community Board was present to clarify that VAC does not tape governmental meetings; the cable commission does. Doerr also said that VAC cannot tape private meetings unless they are invited to do so. He then said that he would try to see if there was money in the budget to tape the BWAC meetings, which are not currently taped on a regular basis. Knutson and Doerr thanked the Council for allowing them to clarify some issues regarding VAC. Department Reports: Parks - Councilmember Robert said that Parks Superintendent Jeff Kellogg has interviewed and recommended the hiring of three attendants: John Sortedahl, Benjamin Ptacek, and Justin Blake. Brekke Park will have the same hours as last year; 3:00 -9:00 P.M. weekdays and 9:00 A.M. -9:00 P.M. on weekends and school holidays. Cover Park will be staffed from 4:00 -6:00 P.M. weekdays and 12:00 -4:00 P.M. on weekends and school holidays. Councilmember Robert, seconded by Beaudet, moved to hire the three attendants as recommended by Jeff Kellogg. Carried 4 -0. Robert then said the hockey association will be using the ice at Cover Park from 6:00 -9:00 P.M. on weekdays and on Saturday mornings. She requested that the City Attorney and City Administrator work out the details with the hockey association. Robert also said that the association will do some work at the park in the spring as a way to say "thank you" for being allowed to use the rink. Councilmember Robert, seconded by Swenson, moved to direct staff to work with the hockey association regarding allowing them to use the Cover Park hockey rink this winter. Carried 4 -0. Robert said that the Parks Commission has recommended that Renee Sorenson be allowed to conduct ice skating lessons at Brekke Park from 3:00 -5:00 P.M. this winter. Councilmember Robert, seconded by Swenson, moved to allow Sorenson to use the ice during those times for ice skating lessons. Carried 4 -0. Robert then reported that there are two openings on the Park Commission and she requested that anyone interested in these positions should contact her, anyone on the Parks Commission, or City Hall. Cable - Nothing to report. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet Thursday, January 8, 1998 at 7:00 p.m. at Bayport City Hall. • Recycling Award - Administrative Intern Mesko reported that the recipients of a $25.00 check from the City of Oak Park Heights Page 4 - City Council Minutes 12/09/97 for participating in its recycling program were Dean and Wanda • Kern of 5885 Oldfield Avenue North. Oak Park Heights Business Group - The next meeting will be on January 14, 1998, the location to be determined. Interim Administrator Holst was directed to contact Fire Chief Schwartz about attending the meeting as a speaker. Bridge Report - There was nothing to report. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Workshop Minutes - November 25, 1997. 3. Approve Council Meeting Minutes - November 25, 1997. 4. Approve Transportation Workshop Minutes - December 2, 1997. 5. Approve Strategic Planning Workshop Minutes - December 2, 1997. 6. Approve Truth in Taxation Hearing Minutes - December 2, 1997. 7. Approve Contracts for Maintenance, Power Supply, and Operation of Traffic Signals at Highway 5 and 58th Street and Highway 36 and Washington /Norell Intersections. 8. Approval of 1998 Licenses 9. Approval of Budget Amendment 10. Approval of Transfer of Funds from Capital Revolving Fund to Brackey West Addition - Oak Park Ponds Phase I 11. Approval of Annual Transfers from Connection Charge Funds to Bond Fund and Capital Revolving Fund 12. Approval of 1998 Rates for Engineering Services 13. Approval of 1998 Cab /Taxi License for Doug Luchsinger, A- Taxi - Stillwater Taxi 14. Approval of 1998 Agreement for Building Inspection Services with the City of Bayport Councilmember Swenson, seconded by Robert, moved to approve the Consent Agenda as presented. Roll call vote was taken. Carried 4 -0. Public Hearings: Proposed Commercial Subdivision - Oppidan Investment Company for Oak Park Ponds Shopping Center - Mayor Schaaf opened the Public Hearing at 7:35. City Planner Richards said the plan calls for subdivision into six lots. City Attorney Vierling said that this is common because it facilitates marketing due to the fact that subdividing makes transferring ownership easier. Richards said that the notices did not get sent out to property owners in a timely fashion and he recommended that any comments be heard tonight but that the rest of the hearing be continued until the December 17 Council meeting. Councilmember Swenson, seconded by Beaudet, moved to continue the hearing until December 17 at 7:00 P.M. Carried 4 -0. • On -Sale, On -Sale Sunday, and Amusement License for Stillwater Bowling Alley - 5862 Omaha Avenue North - Mayor Schaaf opened the Page 5 - City Council Minutes 12/09/97 Public Hearing at 7:40 P.M. City Attorney Vierling said that he • has reviewed the application, insurance and bonding information, and that he recommends approval with the condition that there is no transfer of stock. Councilmember Swenson said that he has noticed a lot of improvements in the property and he is pleased that someone is reopening it. With no public comments, Councilmember Swenson, seconded by Beaudet, moved to close the Public Hearing at 7:45 P.M. Carried 4 -0. Councilmember Swenson, seconded by Beaudet, moved to approved the licenses for the Stillwater Bowl, 5862 Omaha Avenue North. Roll call vote was taken. Carried 4 -0. Off -Sale, On -Sale, On -Sale Sunday, and Tobacco License for Phil's Tara Hideaway, Inc. - 15021 North 60th Street - Mayor Schaaf opened the Public Hearing at 7:46 P.M. Phil Barbatsis, the owner, was present to say that he no longer needed an Off -Sale or Tobacco license. Barbatsis said that they are undergoing renovations of the building and hope to be open by December 29 or 30. Hearing no further comments, Councilmember Swenson, seconded by Beaudet, moved to close the Public Hearing at 7:50 P.M.. Carried 4 -0. Councilmember Swenson, seconded by Beaudet, moved to approve the On -Sale and On -Sale Sunday licenses for Phil's Tara Hideaway. Roll call vote was taken. Carried 4 -0. Unfinished Business: Garbage Lawsuit Rate Increase - Councilmember Beaudet, seconded by Swenson, moved to authorize the charge of $6.50 per applicable residence per quarter over a five year period. This is to be added to utility bills in order to recover the costs of the Junker Landfill Lawsuit, which cost the City approximately $141,000.00. Roll call vote was taken. Carried 4 -0. Water and Sewer Rate Study - City Engineer Anderlik said that the charges for commercial, industrial, and institutional connection will now be computed by how much is used rather than a 4th quarter read, as it is currently done. It was also recommended that the sewer rates remain the same, and the water rate schedule be increased to $19.20 /quarter for up to 15,000 gallons, with $1.00 /1,000 gallons for usage over 15,000 gallons. Councilmember Swenson, seconded by Robert, moved to approve the changes in the water rates and commercial, industrial, and institutional sewer rate computation. Roll call vote was taken. Carried 4 -0. Menard's Site Lighting Issues - City Planner Richards said that Menard's has been very cooperative to work with, and that he anticipates that all issues will be resolved in four to five weeks. The changes will be: 1. Cone shields will be added which will cover the light on the cobra head fixtures adjacent to the pallet rack /fencing; 2. Wall pack lighting that shines light onto 58th Street and into Autumn Ridge will be removed and replaced by shoebox lighting; Page 6 - City Council Minutes 12/09/97 3. The lights under the awning will be reinstalled further up into the trusses to reduce the current glare. If that does not solve the problem, Menard's said that they would find a different fixture to install; 4. After -hours lighting will be reduced to 30% of open hours lighting for security purposes. Richards also said that Menard's is in violation of the sign permits that were issued with the developer's agreement. Mayor Schaaf said that considering that Menard's has been cooperative, he was willing to revisit the sign issue at a later date. Richards said that no loudspeakers will be used in the outside yards; beepers and walkie- talkies will be used for communication. Rainbow / Oppidan Lighting Issues - Richards said that he has spoken with Alan Kretman of HKS, the engineering firm for this development, about the violations. City staff will be meeting with Kretman this week to discuss some of the issues. Richards said that Kretman agreed to shield or cover the lights that are offensive, but Richards has not received the lighting plan. Richards also said that he is waiting for the landscaping plans from Oppidan. New Business: Resolution 97 -12 -41 - AAProvina the 1998 General Fund Levy - Councilmember Swenson, seconded by Robert, moved to approve the . 1998 General Fund Levy in the amount of $1,440,637.00, the Street Reconstruction Bonds in the amount of $58,410.00, and the Storm Sewer Improvement Tax District No. 1 in the amount of $25,000.00. Roll call vote was taken. Carried 4 -0. Resolution 97 -12 -42 - Approving the 1998 Budget - Councilmember Swenson, seconded by Beaudet, moved to approve the 1998 Budget in the amount of $2,052,778.00. Roll call vote was taken. Carried 4 -0. 1998 Part -Time Police Officer Salary Increase - Councilmember Swenson, seconded by Robert, moved to approve the salary increase of part -time officer David Kisch from $9.00 /hour to $12.50 /hour effective January 1, 1998. Carried 4 -0. Approval of Manning Avenue No -Build Option Joint Resolution with Baytown and Lake Elmo - Baytown has already approved the resolution and Lake Elmo will be visiting the issue at its January 6, 1998 meeting. Councilmember Beaudet, seconded by Robert, moved to approve the joint resolution with Baytown and Lake Elmo. Roll call vote was taken. Carried 4 -0. December 17 Council Meeting - Councilmember Swenson, seconded by Robert, moved to set a Council meeting on Wednesday, December 17 at 7:00 P.M. Carried 4 -0. • Page 7 - City Council Minutes 12/09/97 Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn at 9:10 P.M. Carried 4 -0. Respectfully submitted, l aktAt /(Xe,4tb Melanie Mesko Administrative Intern • • OAK PARK HEIGHTS CITY COUNCIL MINUTES STRATEGIC PLANNING WORKSHOP TUESDAY, DECEMBER 2, 1997 Call to Order: The meeting was called to order at 4:15 by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: Interim Administrator Holst, Consultant Hozza, and Administrative Intern Mesko. Hozza presented recommendations for a "fast track" permit process to assist developers when they wish to develop in Oak Park Heights. Hozza said that most of the information is present, it just needs to be organized. Council said that he should continue developing this proposal and work with staff on organizing the information. There was discussion about what focus should be for the future of Oak Park Heights. It was agreed that establishing a community identity would be beneficial for developing a feeling of neighborhood and community in Oak Park Heights. there were several suggestions discussed; promoting a "main street ", more community events like the annual Party in the Park; an integrated trail system that leads to a main community focal point, a community motto. • Council agreed that it would like to be more proactive with the development in Oak Park Heights. There was consensus that certain developments and businesses should be recruited rather than waiting for proposals to come to the City. The Council also discussed how to best involve the residents with long -term planning. A community survey and meetings were suggested to increase resident participation. Respectfully submitted, elanie Mesko Administrative Intern 411 • OAK PARK HEIGHTS CITY COUNCIL MINUTES TRANSPORTATION WORKSHOP TUESDAY, DECEMBER 2, 1997 Call to Order: The meeting was called to order at 3:05 by Acting Mayor Turnquist. Present: Councilmembers Beaudet and Robert. Staff Present: Interim Administrator Holst and Administrative Intern Mesko. Arrived late: Mayor Schaaf and Councilmember Swenson. Metropolitan Council Transit Redesign Elaine Bauer, Transportation Planner; Ling Becker, Project Administrator; and Mark Fuhrmann, Evaluation /Implementation Manager were present to discuss the transit redesign which is being proposed to address changing transit needs. Ms. Bauer said that MT is currently examining existing routes to determine how successful they are or if they need to be altered. Transit officials are trying to meet with commuters and communities in order to implement an updated route system by September 1998. They are planning a hearing at Washington County Government Center on January 29, 1999, tentatively scheduled for 12:00 noon and 6:00 P.M. A park and ride is scheduled to be constructed at the new sports complex in Stillwater, by Highways 5 and 36. There was discussion • about ways to get service on the south side of Highway 36 in order to better serve commuters and local transit users. There was discussion about routing the bus around on Washington /Norell, which was done when Highway 5 was under construction this past summer. Due to the increased development with Wal -Mart and the Oak Park Ponds Shopping Center, there was agreement that there are several sites that are potential park and ride locations. Mike Dahlquist, 14150 North 54th Street, who commutes from a park and ride to St. Paul, was present to give his opinion as a commuter. He said that he felt the transit service served his needs and that MT should consider how the current routes currently operate before changing the routes into St. Paul. The Council thanked Ms. Bauer, Ms. Becker, and Mr. Fuhrmann for their information and said they would be participating in this process in the future to ensure that Oak Park Heights residents are appropriately served by the public transit. Respectfully submitted, e lanie Mesko Administrative Intern • 111 CITY OF OAK PARK HEIGHTS TRUTH IN TAXATION MEETING MINUTES TUESDAY, DECEMBER 2, 1997 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 and Administrative Intern Mesko. Truth in Taxation Hearing: Mayor Schaaf opened the Truth in Taxation hearing at 7:01 P.M. In attendance were Dick Stafford, Washington County Auditor /Treasurer; Joe Carufel, 14625 North 57th Street; Tom Hunninghake, 6407 North St. Croix Trail; Chris Baldus, Stillwater Gazette. Mr. Stafford spoke about the differences between tax value and tax rate and why they change from year to year. He said that Minnesota has probably the most complicated tax system in the nation. Stafford also emphasized two points about this system: property taxes are based on the value of the property, not on ability to pay, and taxes are not cut, they are simply shifted from one payer to another. This past legislative session, the rates for commercial property were lowered. The revenue still needs to be raised, so homeowners are the ones that are feeling • the rise. Mr. Hunninghake wanted to know why Oak Park Heights' taxes went up so much this year. Mayor Schaaf said that the NSP valuation rate and the loss of the bridge homes really affected the City's revenues. The taxable value was reduced from $6.1 million in 1997 to $5.7 million in 1998. Councilmember Turnquist then presented some overheads to help clarify the tax process and the Oak Park Heights City budget. Most expenditures remain fairly consistent with 1997, although some department outlays did increase more and some did decrease. The Police Department increased due to the hiring of a new officer and a new computer system that connects with the County's system, the Tree and Weed fund increased due to the Council's decision to begin a five -year boulevard pruning program; the Municipal Building Fund will be purchasing a new copier; and Fire Protection is a service which is contracted from the Bayport Fire Department and is billed to Oak Park Heights. Overall, the expenditures have been reduced approximately $24,000 Turnquist noted that the projected revenues have also decreased, due to the NSP valuation change and the loss of the bridge homes. While Oak Park Heights has seen significant development in the past year, with Autumn Ridge, Valley View Estates, East Oaks, and Page 2 - Minutes 12/02/97 • the Oak Park Ponds Shopping Center, very few of these properties are due to come on -line with the tax rolls until 1999. There was also discussion about the valuation procedure and how that is determined. It was noted that the County does the valuations and Oak Park Heights has no control over them. Hearing no further comments, Mayor Schaaf said that the official 1998 Tax Levy and Budget adoption meeting would be held Tuesday, December 9 at 7:00 P.M. at Oak Park Heights City Hall. Adjournment: Councilmember Swanson, seconded by Beaudet, moved to adjourn at 8:15 P.M. Carried 5 -0. Respectfully submitted, Melanie Mesko Administrative Intern OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES TUESDAY, NOVEMBER 25, 1997 Call to Order: The meeting was called to order at 4:05 by Mayor Schaaf. Present: Councilmembers Beaudet, Swenson and Turnquist. Staff Present: Interim Administrator Holst, Police Chief Swanson, Public Works Director Benson, and Administrative Intern Mesko. Absent: Councilmember Robert. DEPARTMENT REPORTS 1.Police - Police Chief Swanson requested authorization from the Council to make equipment purchases with grant money received. He said that he would like to buy a surveillance camera and an alarm system. Council agreed with Swanson and asked that these items be added to the Consent Agenda. Swanson also said that he is looking into purchasing a vault safe for added security for seized items. Council said that they supported this and that Swanson should come back when he has a price estimate. 2. Administration - Interim Administrator Holst requested direction on how to handle the Valley View Estates. maintenance issue. The City Engineer has prepared a report outlining the improvements needed. Holst said that no work will be done until next spring. • Council directed Holst to schedule a workshop in January and invite Jack Krongard to meet with the Council. It was requested that the City Engineer also be present for this workshop. Holst then requested that Council decide on the utility rate increase that was prepared by the City Engineer so that residents can be notified before the next billing. Council directed Holst to add this item to the December 9 Council meeting. 3. Public Works - Councilmember Beaudet said that he has met with people about the prison using an Oak Park Heights hydrant and that nothing will be done until next spring. Councilmember Turnquist asked if the streets would be swept one more time to clear the fallen leaves so the storm sewers do not become clogged. Benson said that he was planning on sweeping one more time before it gets too cold. Chief Swanson said that MN /DOT has cleared out the homes in the bridge area and that the barricades will be put up in the next few days. Mayor Schaaf asked about putting up pedestrian warning signs on Oldfield and Oakgreen near entrances to walkway /bike path to warn • motorists. Chief Swanson said that he would support this and City Council Workshop Minutes - 2 • painting the street to also indicate this. Benson said that he would look into ordering the signs to be put up this fall. There was discussion about lowering the residential speed limits. Chief Swanson said that cities have discretion over lowering the limits from 30 to 25 MPH, but they must post signs at the beginning and the end of such zones. Swanson also said that he believes responsible motorists drive slowly in residential neighborhoods anyway, but that he would not discourage the reduction in the speed limit. Respectfully submitted, f/ /i Melanie Mesko Administrative Intern 111 • • OAK PARK HEIGHTS CITY COUNCIL MINUTES, WEDNESDAY, NOVEMBER 25, 1997 Call to Order: The meeting was called to order at 7:04 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Swenson, and Turnquist. Staff Present: City Planner Richards and Administrative Intern Mesko. Approval of Agenda: The following was added to the agenda: 1) Police Equipment Purchases were added as Item 4G of the Consent Agenda. Councilmember Swenson, seconded by Turnquist, moved to approve the agenda with changes. Carried 4 -0. Visitors: Councilmember Turnquist said that Mike Knutson of Valley Access Channel would be attending the December 9 Council meeting. Department Reports: Parks - There was nothing to report. Cable - Councilmember Turnquist said that the Commission reviewed the survey results and had no unexpected information. He did state that local government access and Channel 10 received the most interest. Turnquist also had questions about the criteria used for broadcasting a show, and said that he was waiting for an • answer to that question. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet Thursday, January 8, 1998 at 7:00 p.m. at Bayport City Hall. Recycling Award - Administrative Intern Mesko reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program was Janell Kohn of 5649 Ozark Avenue North. Oak Park Heights Business Group - Turnquist said that the next meeting will be on January 14, 1998, the location to be determined. Bridge Report - There was nothing to report. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Workshop Minutes - November 12, 1997. 3. Approve Council Meeting Minutes - November 12, 1997. 4. Approve Council Workshop Minutes - November 18, 1997. 5. Approve 1998 Licenses. 6. Approve Tautges, Redpath & Co., LTD., 1998 Contract. 7. Approve Payment to Richard Knutson, Inc., For Brackey West • Addition Utility and Street Improvements. Page 2 - City Council Minutes 11/25/97 8. Approve the Purchase of Surveillance Camera and Varda Alarm 411 System by the Police Department at an approximate cost of $7,000, Using Grant Money. Councilmember Turnquist, seconded by Swenson, moved to pull the minutes from November 12 off the Consent Agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda as amended. Roll call vote was taken. Carried 4 -0. Turnquist said that he voted against the Osgood /Highway 36 Preliminary Study. Minutes amended to read, CmiLicd 5 -0. "Carried 4 -1, Councilmember Turnquist voting against." Councilmember Turnquist, seconded by Beaudet, moved to approve the minutes as amended. Carried 4 -0. Public Hearings: Off -Sale, Non - Intoxicating Liquor License and Tobacco License to Fleming Companies, Inc. dba Rainbow Foods - Acting Mayor Turnquist opened the Public Hearing at 7:30. With no one wishing to speak, Councilmember Beaudet, seconded by Swenson, moved to close the Public Hearing. Carried 3 -0. Councilmember Swenson, seconded by Beaudet, moved to approve the licenses to Rainbow Foods. Carried 3 -0; Mayor Schaaf absent from vote. • Unfinished Business: Jon Nelson - A -1 Maintenance - Mr. Nelson was present to discuss concerns that he had not fulfilled his Conditional Use Permit requirements. Mr. Nelson said that all conditions from the original 1994 CUP had been satisfied except the parking lot. There is to be no outside storage, and Nelson said that he has complied except for the week and a half time where he was in transition between fall and winter equipment. Planner Richards said that the driveway is supposed to be completely paved, and that Mr. Nelson has only paved the driveway portion. Nelson said that he was planning on using Class 5 for the lot and that he had spoken with former administrator Robertson about that. Richards indicated that the Council can change the conditions of the CUP if Class 5 is adequate. Council agreed that they did not want to change the conditions and that Nelson should pave the lot. Richards also said that the fencing was not complete. Council set deadlines for Mr. Nelson to finish these projects: 1. Fencing to be completed by January 15, 1998; 2. Submission of parking lot plan to the City Engineer for curb and gutter by May 1, 1998; 3. Parking lot to be completed by July 1, 1998. Nelson said that he has applied for a cold storage space in • Oakdale in which to store equipment not in season. Planner Richards said that he would draft a letter to the Oakdale City Page 3 - City Council Minutes 11/25/97 Council indicating Nelson's desire to cooperate and comply with • Oak Park Heights regulations. New Business: Resignation of City Arborist Ken Kaiser - Mayor Schaaf said that Mr. Kaiser has resigned after 18 years with the City. He thanked Mr. Kaiser for all his work for the City. Councilmember Beaudet noted that Kaiser contributed a lot to the City: he started the boulevard tree program in Oak Park Heights, helped the City become part of the Tree City USA program, and noticed and removed Dutch elm diseased trees. Local Board of Review Status - Mayor Schaaf said that legislation has allowed local governments to turn this review board over to the County. Interim Administrator Holst has recommended against this. Councilmember Turnquist said that he felt that this board was an opportunity for elected officials to work with citizens and he felt that it was an effective tool. Council directed staff to write a letter to the County indicating that the City is not interested in turning the board over to the County at this time. EVP - Councilmember Swenson said that he has researched the EVP for the Osgood and Highway 36 intersection and that there is state aid available for this type of upgrade. He recommended that the Council direct the City Engineer to work with MN /DOT, the Metro State Aid Section, Washington County Sheriff's Office • and surrounding communities to prepare a plan for joint funding and implementation of this system to present to the Council. Councilmember Beaudet said that he felt the City should wait until the bridge issue has been resolved, because the State would then pay for the upgrades. Councilmember Swenson, seconded by Schaaf, moved to have the City Engineer work on this project. Carried 3 -1, Councilmember Beaudet voting against. Adjournment: Councilmember Swenson, seconded by Beaudet, moved to adjourn at 7:45 P.M. Carried 3 -0; Mayor Schaaf absent from vote. Respectfully submitted, A0,11//t/Wk Melanie Mesko Administrative Intern • OAK PARK HEIGHTS 411 CITY COUNCIL WORKSHOP MINUTES TUESDAY, NOVEMBER 18, 1997 Call to Order: The meeting was called to order at 4:05 by Acting Mayor Turnquist. Present: Councilmembers Beaudet and Robert. Staff Present: Interim Administrator Holst, and Administrative Intern Mesko. Absent: Mayor Schaaf and Councilmember Swenson. I. BUDGET WORKSHOP Interim Administrator Holst said that she had removed the budget deficit from the Capital Improvement Fund, as directed by Council at the previous budget workshop. Holst also said that to reach the same general levy the City had in 1997, the proposed budget would need to be reduced an additional $154,000. The removal of the homes in the MN /DOT bridge area as well as the lower NSP valuation are the two main reasons for this difference. There was discussion about how to pare the 1998 budget even further. Holst said that a City is recommended to have a reserve of 15% of its budget; Oak Park Heights has 11.8 %. Councilmember Turnquist said that he did not feel that the City should use its reserves for general city operation. 1. Council agreed to remove the $2,000 from the Emergency Management Fund; 2. 75% of the Public Works Director's time is to come from the Water /Sewer Fund; 3. $3,000 a year was set aside instead of $5,000 a year for the Building Inspector's vehicle; • 4. Balance of the overrun to come out of the Parks Department. There was discussion about putting money away for street reconstruction and maintenance. Council asked Holst to schedule a workshop in January to discuss the policy that the City will take with regards to long -term street care. Council spoke about the Truth in Taxation hearing and the best way to explain to residents that the NSP valuation and the loss of the bridge homes have negatively impacted the City's budget. They requested that someone come in, either the City Auditor or someone from the County, to help explain this. Holst reported that nobody wants to do the roof repairs on City Hall; companies would rather contract the job out. She also said that because the project will cost more than $25,000, it will need to be bid on. Council directed Holst to work with the Building Inspector and the City Engineer to design plans and specs for this project. Council decided to wait on applying for the DNR grant until next year because the City does not have the matching funds nor the City Planner's fees to finance this project. Respectfully submitted, JJVa Lb M e anie Mesko • Administrative Intern OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES, WEDNESDAY, NOVEMBER 12, 1997 Call to Order: The meeting was called to order at 4:35 by Mayor Schaaf. Present: Councilmembers Robert, Swenson, and Turnquist. Staff Present: Interim Administrator Holst, Police Chief Swanson, Public Works Director Benson, City Attorney Vierling, City Engineer Bob Schunicht, and Administrative Intern Mesko. Arrived late: Councilmember Beaudet. II. Department Reports Police Public Safety Training Facility - Chief Swanson said that he has spoken with Bayport Administrator Ken Hartung and that Oak Park Heights would need to contribute $5,000 to become a member of the training facility steering committee. Swanson also said that he did not feel as if Oak Park Heights would be excluded if they did not contribute, and he did not feel it was necessary. There was discussion about whether the Council would authorize this expenditure. COPS Grant - Swanson said that he has not heard if the City has received the grant, and that he was instructed not to contact the agency; Oak Park Heights would be notified if they were chosen to receive the grant. Swanson also noted that only four cities in • the metropolitan area have received this grant. Winter Parking Ban - Swanson said that he had heard from a resident with concerns about the recently passed winter parking ban. He encouraged the Council to strictly enforce the ban and not make exceptions because then it would be harder to enforce in the future. He said that a copy of the new ordinance is being distributed with warning tickets to help inform residents. Administration Utility Rate Increase - Interim Administrator Holst requested that the Council approve raising the garbage rates for 1998 to recover the cost of the Junker Landfill Lawsuit so that notices could be sent to residents before the next billing period. Screaton /Low Annexation Costs - Holst said that a promissory note between the City and Screaton and Low states that those two must pay for the preliminary engineering study only if the City did not pursue an annexation. Because the annexation was pursued, the City needs to pay the approximately $4,000 for the study. Holst also wanted to know how these bills should be split. Attorney Vierling said that he had never seen the promissory note and is unsure who initiated the form. He also said that he would assume that Mr. Screaton would be responsible for the costs incurred from pursuing the annexation. City Council Workshop Minutes - 2 • Public Works City Maintenance - Public Works Director Benson said that the streets are starting to be swept for the fall and that all the hydrants have flags on them as requested at the last Council meeting. The trail signs have arrived and should be put up soon and the winter parking ban street signs have been ordered. Attorney Vierling suggested that temporary flags be put on the signs to alert residents of the new ordinance change. Closed Session Council recessed at 5:12 to Closed Session to discuss pending litigation. II. 1998 Budget and Tax Levy Council reviewed the budget and made a change for 1998 expenditures and revenues: • Repay the Junker Landfill Lawsuit over a five -year period to be charged to the residents at a cost of $6.50 per home per quarter. Holst said that the Council is currently over budget in several areas and it will need to review how it will spend 1998's budget. At the maximum levy, the current proposed budget is $23,777 over • the limit. The Council requested that Holst remove that amount from the 1998 Capital Improvements Budget and they set another budget workshop for Tuesday, November 18, 1997 from 4:00 -6:00 P.M. Councilmember Turnquist, seconded by Swenson, moved to adjourn the Workshop at 6:35 P.M. Carried 5 -0. Respectfully submitted, Melanie Mesko Administrative Intern • OAK PARK HEIGHTS • CITY COUNCIL MINUTES, WEDNESDAY, NOVEMBER 12, 1997 Call to Order: The meeting was called to order at 7:04 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. Approval of Agenda: The following was added to the agenda: 1) Set a Public Hearing for a commercial subdivision for the Oak Park Ponds Addition of Oppidan Investment Co. for Tuesday, December 9 at 7:30 P.M. was added as Item 7 of the Consent Agenda, 2)Councilmember Turnquist added additional comments under the Cable Commission Departmental Reports. Councilmember Swenson, seconded by Beaudet, moved to approve the agenda with changes. Carried 5 -0. Visitors: Theresa Stewart, who lives in Stillwater and drives a school bus for the district, was present with some road concerns. Ms. Stewart said that she would like to see some more communication between the cities and the bus dispatchers about the status of the roads. There was some discussion about the best way to facilitate this request. Staff was directed to contact the dispatch company to inform them that bus drivers should feel free • to contact the police department if there are bad road conditions. Staff was also directed to request a map of the bus routes that go through Oak Park Heights, so the police know which roads are a priority. Mike Knutson - of Valley Access Channels, wanted to clear up what he felt was some confusion about what type of programs are broadcast on the public access channel. Knutson said that he felt that the Council was inaccurate when they stated that pro - bridge broadcasts were made more often than views against the proposed bridge. There was discussion about the employees of VAC taping programs that are pro- bridge on VAC time. There was also some discussion about the policy that VAC has about requesting taping of an event. Knutson said that it is a first -come, first - serve policy, and that if there are not enough people to tape, residents are always welcome to check out equipment to tape a meeting. Council stated that they were still uncertain about the policies of VAC and welcomed the Board to come before the Council at a meeting to clear up questions. Department Reports: Parks - Councilmember Robert said that the trail from Swager Park has been paved and that the signs will be put up soon. Cable - Councilmember Turnquist said that the Cable Commission will be meeting on Wednesday, November 19, 1997. He said that the survey results are finished and they will be discussing refranchising issues. Page 2 - City Council Minutes 11/12/97 111 Turnquist also reported that the PAR Group has completed the community profile they were preparing for the search for a new City Administrator. The Teamsters Union negotiations are continuing, with Jim Lammers representing the City. Turnquist said that Lammers requested a Stanton survey and will try to schedule another meeting with the union to finalize the contract. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet Thursday, November 13 at 7:00 p.m. at Bayport City Hall. Recycling Award - Interim Administrator Holst reported that the recipients of a $25.00 check from the City of Oak Park Heights for participating in its recycling program are Kelly and Ken Baumann of 5553 Novak Avenue North. Oak Park Heights Business Group - Turnquist said that the next meeting will be on January 14, 1998. The focus of the meeting is tentatively planned for discussing electric deregulation and how it can affect Oak Park Heights. Bridge Report - City Attorney Vierling said that oral arguments have been set for January 16, 1998 at 9:00 A.M. at the Federal Courthouse in Minneapolis. • Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Workshop Minutes - October 28, 1997. 3. Approve Council Meeting Minutes - October 28, 1997. 4. Approve Contract for Consultant David Hozza 5. Set a Public Hearing on Tuesday, December 9 at 7:30 P.M. for Off -Sale, On -Sale, On -Sale Sunday, and Tobacco Licenses for Phil's Tara Hideaway, Inc., 15021 North 60th Street 6. Set a Public Hearing on Tuesday, December 9 at 7:30 P.M. for On -Sale, On -Sale Sunday, and Amusement Licenses for the Stillwater Bowling Alley, 5862 Omaha Avenue North 7. Set Public Hearing on Tuesday, December 9 at 7:30 P.M. for a Commercial Subdivision of Oak Park Ponds Addition for Oppidan Investment Company Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda. Roll call vote was taken. Carried 5 -0. Public Hearings: There were no Public Hearings. Unfinished Business: United Waste Systems - Jeff Glewwe was present to explain why the yard waste bags were not as available this fall as he had promised. Glewwe said that they have distributed 100,000 bags since August. While he acknowledged that there was still a Page 3 - City Council Minutes 11/12/97 problem with the distribution, Glewwe presented three options to • the Council as a way to resolve this issue: 1. Return to the plastic bag program; 2. Give the residents a choice of using paper or plastic; 3. Charge a user fee for the paper bags. Glewwe said that if Option 3 was chosen, UWS would no longer distribute the bags; a retail store would have to choose to carry the bags. Councilmember Swenson said that he supported Option 2, allowing residents to choose. There was some discussion about the viability and costs of each option. Because it is so close to the end of the fall yard season, Council directed Interim Administrator Holst to schedule a workshop in January to discuss this issue. There was also a question about other haulers bringing their dump boxes into Oak Park Heights. Glewwe said that former administrator Robertson used to contact the offenders and inform them of the City's exclusive contract with UWS. Council then asked Interim Administrator Holst to contact offenders. Menard's had contacted the City because they were unhappy with the commercial price UWS was asking. Glewwe said that he had a signed agreement with Menard's agreeing on a negotiated price for service. • Public Safety Training Facility Steering Committee - There was some discussion about why it costs $5,000 to participate on this committee. Councilmember Robert expressed some concerns about the lack of a pricing formula; some communities are paying more than $5,000. Councilmember Swenson said that he felt $5,000 was appropriate to cover any studies that would need to be done to make an informed decision about the need for this type of facility. Councilmember Swenson, seconded by Turnquist, moved to approve the expenditure of $5,000 to become a member city on the Public Safety Training Facility Steering Committee with Police Chief to be the City representative. Carried 5 -0. Osgood /Highway 36 Preliminary Design - City Engineer Anderlik's bid for such a study came to $8,600. There was discussion about whether this was necessary with the bridge delays. Councilmember Robert, seconded by Swenson, authorized Anderlik to proceed with the study at a cost not to exceed his bid of $8,600 and to be finished by February 1, 1998. Carried 4 -1, Councilmember Turnquist voting against. MN /DOT Emergency Vehicle Preemption (EVP) - Councilmember 5 Y P Swenson, seconded by Turnquist, moved to table this until actual price estimates could be obtained. Carried 5 -0. Mediation Proposal from Kathleen Vadnais - Ms. Vadnais was • present to discuss her experience with mediation. Councilmember Robert said that she would like to set up a committee consisting Page 4 - City Council Minutes 11/12/97 of herself, Ms. Vadnais, Police Chief Swanson, and an Oak Park • Heights resident to define the procedure where it may be appropriate for the City to intervene in a particular case. Interim Administrator Holst said that the $520 that was quoted by M. Vadnais for this process could come out of the General Management Contractual Services Fund. Councilmember Swenson said that he felt the City's job is to act as policy setters, and this may go beyond this charge. Councilmember Turnquist, seconded by Robert, moved to approve the establishment of a committee to formulate the criteria for a mediation committee at a cost not to exceed $520. Carried 5 -0. New Business: Manning Avenue Improvements - Councilmember Beaudet said there are currently three options being explored for Manning Avenue. A route through Lake Elmo to the west; A route through Baytown /Kern Center; No -build option Beaudet recommended that Oak Park Heights advocate the no -build option with no acquisition of right -of -way due to the fact that the traffic flow and projected traffic counts do not support a build option. Beaudet also said that Lake Elmo and Baytown have both taken this position and he suggested that the three cities cooperate and draft a joint resolution advocating the no -build option. Council directed Attorney Vierling to draft a resolution • indicating this position by November 17. Cooperation Meeting with Bayport - Councilmember Turnquist, seconded by Robert, moved to set a cooperation meeting with Bayport for Thursday, January 22, 1998 at 7:00 P.M. at Bayport City Hall. Carried 5 -0. Annexation Meeting with Baytown - Mayor Schaaf said that Oak Park Heights would like to meet with Lake Elmo and Baytown to discuss the possibility of an orderly annexation. Councilmember Robert, seconded by Beaudet, moved to meet with the two cities on Monday, November 17 at 7:00 P.M. at Lake Elmo City Hall to discuss this issue. Carried 5 -0. Closed Session: Councilmember Swenson, seconded by Turnquist, moved to adjourn the meeting to a closed session to discuss union negotiations and pending litigation at 8:30 P.M. Carried 5 -0. Adjournment: Councilmember Turnquist, seconded by Swenson, moved to adjourn at 9:55 P.M. Carried 5 -0. Respectfully submitted, Jt(LO Melanie Mesko 410 Administrative Intern OAK PARK HEIGHTS 11 1 CITY COUNCIL WORKSHOP MINUTES, TUESDAY, OCTOBER 28, 1997 Call to Order: The meeting was called to order at 4:30 by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator Robertson, Deputy Clerk /Finance Director Holst, Police Chief Swanson, Public Works Director Benson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, and Administrative Intern Mesko. II. Department Reports Police Proposed Street Closing - Police Chief Swanson presented a street closing guide for the MN /DOT area where homes have been removed for the bridge. Swanson said that he consulted with the residents to determine the roads which would need to stay open to provide access to the remaining homeowners while closing the streets that would not be used. Swanson also said that he spoke with Mike Raleigh, who plows the City streets, about the easiest access for the snow plows. MN /DOT has agreed to put up concrete barriers to block the closed streets. Councilmember Swenson asked Public Works Director Benson to mark all the hydrants in the area with flags before it snows so that they will be easily visible. • Proposed Parking Ban - Swanson said that he recommended this ordinance to provide for better plowing and safer streets in the winter. He said that he has received no opposition from residents and would have a public information campaign to inform people of the change. Administrator Robertson also said that he has received supportive feedback for the ban. Council decided to place signs at the entrances to the City and directed Public Works to order and put up the signs as soon as possible. Proposed Dangerous Dog Ordinance - Swanson said that this change was initiated due to a problem dog in the neighborhood. It is intended to provide the police with more flexibility in removing dogs from the community. The new ordinance would allow the police to deem a dog potentially dangerous and give them the power to remove the animal without the dog having to actually harm a person or other animal first. Swanson said that he has received support from the community for this change. Grant Received - Swanson reported the receipt of a $10,000 grant for equipment purchase. He said that he would like to buy a few things, among the possibilities: a portable alarm system, a videotaping machine with a wide -angle lens, and night vision goggles. • Mediation Proposal - Swanson said that because of the lack of court support for non - criminal offenses, he and Councilmember City Council Workshop Minutes - 2 • Robert have discussed the possibility of utilizing a professional mediator in certain situations. He said that he supported a pilot program that would address the Raymie Johnson housing fire with the neighbors and would like the Council to authorize the hiring of a professional mediator for such a purpose. Councilmember Robert said that she would also strongly support such a measure. Community Public Safety Training Facility - Mayor Schaaf asked Chief Swanson if he has had an update on this proposal. Swanson said that he has not been contacted recently, and that there are still several issues up in the air on this project, most notably the price breakdown. Council requested that Swanson act as the City's representative on this issue and to report back to the Council any new information. Administration Junker Lawsuit - Administrator Robertson said that he has received some affidavits regarding the Junker lawsuit and that he has forwarded them to Jardine, Logan, & O'Brien, the law firm hired by the City to represent Oak Park Heights in this matter. Public Works • Fall Street Sweeping - Council asked Public Works Director Benson when the streets would be swept for the fall. Benson said that the City is waiting for the leaves to fall so the job only needs to be done once. 58th Street Signs - Councilmember Robert asked if the signs on 58th Street have been moved yet. The City's snow plower, Mike Raleigh, said they get in the way of his plow. Chief Swanson said that he did not support the signs being moved away from the streets because he felt that it would pose a safety problem. There was discussion about how the snow could be efficiently removed without relocating the signs. Swanson and Benson both said that they did not feel that the snow piled up excessively around the signs, but that they would keep an eye on the situation this winter. III. Discussion of Highway 36 /Osgood Avenue Traffic City Engineer Anderlik was present to discuss his analysis of Washington County's proposal for the intersection. Anderlik said that he felt that a single turn lane is not adequate to address the traffic. With the estimated traffic counts, Anderlik said that he felt the intersection more than qualified for two turn lanes and that he is concerned because the improvements have not been planned that way. The Council then discussed possible • improvements to the area and directed Anderlik to prepare a City Council Workshop Minutes - 3 • proposed route that is feasible and has a minimal disruption on the surrounding businesses. Discussion Regarding Establishing a Planning Commission - Councilmember Turnquist said that he felt a Planning Commission could benefit the City because it would deal with many of the planning details the Council currently handles. Planner Richards said that many communities use a Planning Commission to assist the City Council. The Council can decide the process and procedures that must be followed, and therefore tailor the Commission to best serve the Council and City. City Attorney Vierling said that a Commission must be established by ordinance, and Council requested that Vierling create a draft ordinance for Council review as well as a checklist of the issues that the Council should consider when establishing a new commission. Council also requested that Richards provide a copy of other communities' planning commission minutes for review. Councilmember Turnquist, seconded by Swenson, moved to adjourn the Workshop at 6:05 P.M. Carried 5 -0. Respectfully submitted, jtefft g sp Melanie Mesko Administrative Intern • OAK PARK HEIGHTS • CITY COUNCIL MINUTES, TUESDAY, OCTOBER 28, 1997 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 Robertson, Deputy Clerk /Finance Director Holst, City Attorney Vierling, Police Chief Swanson, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following was added to the agenda: 1) A proposal to hire a professional mediator was added as Item 5 of New Business; 2) Review of the Conditional Use Permit for A -1 Maintenance was added as Item 6 of New Business; 3) Discussion of Dave Hozza was added to Item 3 of New Business; 4) Discussion of a letter from Baytown was added to the Closed Session. Councilmember Beaudet, seconded by Turnquist, moved to approve the agenda with changes. Carried 5 -0. Visitors: Cindy Weckworth - Senior Environmental Health Specialist. Washington County - Overview of Groundwater - Ms. Weckworth presented several slides on the groundwater in Washington County. She said that Washington County is unique in that the topography of the land is so varied that the water flows very quickly which • makes the area susceptible to contamination. Weckworth also said that this contamination is a problem in Washington County; the county has three of the state's eight Special Wellhead Construction areas. These areas are designated as such because of the special precautions that must be taken to avoid future contamination. Ms. Weckworth then emphasized the importance of cities and the state working together to protect water supplies because we all share them. The Council thanked Ms. Weckworth for her time and the information presented. Department Reports: Parks - Councilmember Robert reported that the Parks Commission recommended that Cover Park be staffed Monday- Friday 4 -6 P.M. and Saturday and Sunday from 12 -4 P.M. with the hockey association to use the ice rink Monday- Friday 6 -9 P.M. She also reported that Public Works has requested that the hockey association not flood the rink this winter because they are not able to adequately sweep the ice immediately prior to flooding, which causes inconsistencies on the ice. Mayor Schaaf asked if the Swager Park trail is to be paved this fall. Administrator Robertson said he would check with the City Engineer to clarify what the plans are. Robert then said that the prairie restoration at Valley View Park has gone well this year and that the park was graded to level • gopher hills. The Parks Commission also recommended that the gates to Valley View be kept open this winter. Public Works was Page 2 - City Council Minutes 10/28/97 directed to remove the center post as soon as possible. Robert • said that trail signs are being ordered that indicate the park hours and the no motorized vehicles policy of the City on its trails. Cable - Councilmember Turnquist said that he will be attending a conference in Washington, D.C. to discuss cable franchise issues. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet November 13 at 7:00 p.m. at Bayport City Hall. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Michael Wolf of 5559 Oldfield Avenue North. Oak Park Heights Business Group - Robertson said that the next meeting will be on November 5, 1997. The focus of the meeting is tentatively planned for the future development of Oakgreen Avenue. Bridge Report - Nothing to report. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - October 14, 1997. • 3. Approve Council Workshop Minutes - October 22, 1997. 4. Approve City Investment Policy 5. Resolution 97 -10 -39 - A Resolution Approving Continued Participation in the Livable Communities Act 6. Approve Transfer of $1,112 from General Fund - Contingency to Law Enforcement Grant Fund 7. Set Public Hearing - Rainbow Foods - Request for Tobacco & Liquor Licenses - Tuesday, November 25, 7:30 P.M. Councilmember Turnquist moved to pull Item 2 off the agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda as amended. Carried 5 -0. Councilmember Turnquist said that the Oak Park Heights Business Group is to meet on November 5, not the 15th. He also clarified that Turnquist, with Schaaf as alternate, would serve on the Coalition of Utility Communities, and Turnquist and Beaudet are to serve as liaisons to the search committee. Councilmember Beaudet said that the WMO meets at 7:00, not 7:30, on November 13. Councilmember Turnquist, seconded by Swenson, moved to approve the minutes from October 14, 1997, with changes. Carried 5 -0. • Page 3 — City Council Minutes 10/28/97 Public Hearings: Cellars Wines & Spirits of Oak Park Heights, Inc. - Request for Liquor License & Tobacco License - Mayor Schaaf opened the Public Hearing at 7:30 p.m. City Attorney Vierling said that Cellars has completed all forms required and he is satisfied with the information provided. Councilmember Turnquist, seconded by Swenson, moved to close the Public Hearing at 7:31 p.m. Councilmember Turnquist, seconded by Beaudet, moved to approve the liquor and tobacco licenses. Carried 5 -0. Proposed Ordinance 97- 1101 -05 Establishing Winter Parking Regulations Between the Hours of 1:00 a.m. and 6:00 a.m. in the City of Oak Park Heights - Mayor Schaaf opened the Public Hearing at 7:32 p.m. Allan Hall, 14421 North 57th Street, was present to support the parking regulations. Councilmember Turnquist, seconded by Swenson, moved to close the Public Hearing at 7:34 p.m. Chief Swanson said that he realizes that this ordinance is being considered late in the fall and that the City will do its best to inform residents of the new policy before they are ticketed and towed. Swanson said the intent of the ordinance is not to fool residents but to make it easier for the snow plows to operate and clear the roads so it will make driving safer. Councilmember Turnquist, seconded by Swenson, moved to approve Ordinance 97- 1101 -05. Carried 5 -0. Proposed Ordinance 97- 601 -06 - An Ordinance Amending Ordinance 601 Regulating Dogs Within the City of Oak Park Heights - Mayor Schaaf opened the Public Hearing at 7:40 p.m. Chief Swanson said that this was in response to the limitations the Police Department has faced recently with a dangerous dog. He said he felt this ordinance would allow the officers to perform their duty of protecting the community better because they will be able to remove a dog that is deemed potentially dangerous, rather than having to wait until the dog actually physically harms a person or another animal. Mr. Hall spoke again and said that he lives across the street from a dog which he feels is dangerous and he would support this ordinance amendment. Robertson said that he has received comments in support of the ordinance amendment also. Councilmember Swenson asked Chief Swanson what process the City would use if there was a dog that could not be handled by the Police. Swanson said that contracting out for an individual case would be very expensive and that he would support requesting the help of Stillwater, who has an animal control officer. Councilmember Turnquist, seconded by Swenson, moved to close the Public Hearing at 7:45 p.m. Councilmember Robert had some suggestions for the wording of the ordinance: A) 601.07 & 601.08: Robert asked to delete 601.07 and amend 601.08 to read, "It shall be unlawful to operate a any kennel unless a permit to operate the same has been secured from the City Council in advance." Council agreed with those changes. Page 4 - City Council Minutes 10/28/97 B) 601.11: She also wanted to delete the section that defined • the exceptions to the prohibition to dogs running at large, referring to farm dogs. Vierling said that there is case law that deals with this situation and he would recommend that the wording remain because the City boundaries may change in the future and this wording would apply in that case. He did say that the wording could be amended to read, "601.11 Running at Large Prohibited (a) No person shall allow a dog to run at large at any time, ef.CNt N.Luvidd ." Council agreed to the wording changes. C) 604.14 (4): Robert was concerned that deer would not be covered under this wording. Vierling said that deer are protected under a state statute and that supersedes city ordinances. No changes were made. D) 604.14 (b), (c), (d): Robert said that this process sounds too bureaucratic and she would prefer the Police Chief handle this. Vierling said that he had no objection to substituting Chief for City Clerk but that he would recommend keeping the wording for the procedure in order to provide a defense if there are ever questions about the procedures that the City followed. Swanson said that the procedure is no different from what is currently done and that he has no objections. No changes were made. Councilmember Robert, seconded by Beaudet, moved to approve Ordinance 97- 601 -06 with changes. Carried 5 -0. Unfinished Business: Tree Pruning Bids - As Council requested, additional bids were received for the five -year pruning plan. S &S Tree submitted a bid for $32.00 /tree, 220 trees a year, for a yearly cost of $7,040. St. Croix Tree submitted a bid for $24.00 /tree, 220 trees a year, for a yearly cost of $5,280. Administrator Robertson and Arborist Kaiser both recommended St. Croix Tree because of the bid estimate and the fact that the company has done a good job for the City in the past. Councilmember Robert said that the price difference is only $1,800 a year and that she felt that S &S would do a better job. Councilmember Robert, seconded by Beaudet, moved to approve the bid from S &S Tree for a one -year pruning contract at a cost of $7,040. Carried 5 -0. New Business: Proposed Ordinance - Manufactured Home Parks - City Planner Richards said that the ordinance has been drafted in response to a state law that mandates that cities must allow for manufactured home parks and that Oak Park Heights currently does not meet that requirement. Richards said that the proposed ordinance allows for these homes in park situations, keeping with the current City policy of grouping like housing together. While there are certain limitations to where these homes are allowed, Richards said that he felt the requirements are reasonable. Mayor Schaaf • said that there does not appear to be any location in the city where a manufactured home park would fit in the current zoning. Page 5 - City Council Minutes 10/28/97 Robertson said that the Haase property could qualify, with 411 rezoning, and that changes in City boundaries may also affect the available land that could be used for manufactured homes. Councilmember Beaudet, seconded by Robert, moved to extend the moratorium an additional 90 days for revisions of this proposal. Carried 5 -0. November Newsletter Review - Councilmember Turnquist said that he felt the three most critical issues to include in the newsletter are the annexation, the new parking restrictions, and the Cover Park ice rink schedule. Councilmember Beaudet, seconded by Schaaf, moved to direct Councilmembers Turnquist and Robert to work with Intern Mesko on the revisions so that the newsletter can be published soon. Resolution 97 -10 -40 - A Resolution Appointing Deputy Clerk /Finance Director Holst as Interim City Administrator - Councilmember Turnquist recommended that Holst be appointed acting administrator effective November 3, 1997 due to the resignation of Robertson. He also recommended that Jim Lammers will be hired to finish the Teamster's negotiations. The Council agreed that Holst will have the authority to hire consultants and temporary help as she sees fit, and that requests should go through her as they have gone through the previous administrator. Turnquist also said that Intern Mesko will be acting as the temporary assistant to the interim city administrator. There was some discussion about how long Mesko would be staying, and 411 Council decided to keep Mesko until September 1998 or when she goes to graduate school. Councilmember Turnquist, seconded by Swenson, moved to approve the appointment of Holst as interim city administrator. Carried 5 -0. The council then discussed if Dave Hozza could serve the City as an independent consultant. It was agreed to hire Hozza to facilitate the strategic planning on Saturday, November 15. Council then agreed not to make any other determinations about duties that may be assigned to Hozza until the strategic planning meeting and that any duties are to have a predetermined time and cost limit with specific goals outlined. Designation of Kern Road - Because no formal action has been taken, Council was requested to formally name the new road that runs between 60th Street and 58th Street, near the Oak Park Ponds development. The road had been informally called Kern Road, in reference to the family that owned the land prior to development. There was discussion about whether to continue to follow the county alphabetical naming system, as the City has done in the past, or formally name it Kern Road. Councilmember Swenson said he objected to naming it Kern because the alphabetical system makes it easier for emergency vehicles to find a location. Turnquist said that the Council needs to decide if it is going to abandon the county naming system. Mayor Schaaf said that he felt that Kern was fine and that he did not support changing it. Councilmember Robert, seconded by Turnquist, moved to remain with Page 6 - City Council Minutes 10/28/97 the county system and rename the road consistent with the alphabetical system the City has used in the past. Carried 4 -1, Mayor Schaaf voting against. A Proposal for Hiring a Professional Mediator - Councilmember Robert recommended hiring professional mediator Kathleen Vadnais to facilitate a conflict at the Raymie Johnson homes that stemmed from arson this past spring and destroyed some of the homes. Deputy Clerk /Finance Director Holst said that there is enough money in the General Management Contract Services Fund for this mediation at the price quoted. Councilmember Robert, seconded by Beaudet, moved to approve the hiring of Kathleen Vadnais to serve a professional mediator for the above project with expenses not to exceed $600. Carried 5 -0. Review of Conditional Use Permit for A -1 Maintenance - Councilmember Turnquist said that the conditions set by the Council in June have not been satisfied and he requested that Jon Nelson of A -1 attend the second meeting in November to explain to the Council why they have not been completed. Administrator Robertson's Last Day - Mayor Schaaf noted that Friday, October 31 would be Mike Robertson's last day with the City and he invited the public to a reception at City Hall starting at 3:30 P.M. Robertson thanked the staff and the consultants for all their work and said that he would miss the residents and working for the City. 411 Closed Session: Councilmember Turnquist, seconded by Swenson, moved to adjourn the meeting to a closed session to discuss union negotiations and pending litigation at 9:25 P.M. Carried 5 -0. Adjournment: Councilmember Turnquist, seconded by Swenson, moved to adjourn at 10:00 P.M. Carried 5 -0. Respectfully submitted, elanie Mesko Administrative Intern • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, OCTOBER 14, 1997 Call to Order: The Council workshop was called to order at 4:30 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, and Administrative Intern Mesko. Executive Search Process - Council discussed the Executive Search process with Gerald Plock of the PAR Group. Council reviewed and made changes in the community profile and the job description and discussed the salary range. Plock indicated that he would revise the documents per the Council's direction and report back to the Council within a few weeks. 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 Robertson, City Attorney Vierling, Police Chief Swanson, City Engineer Anderlik, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following was changed on the agenda: 1) Discussion about establishing a Planning Commission was added as Item 5 of New 410 Business; 2) Discussion of establishing an Executive Search committee was added as Item 6 of New Business; 3) a letter from City Engineer Anderlik about the Washington County Capital Improvement Program was added as Item 7 of New Business; 4) Personnel issues to be discussed was added to the Closed Session; 5) The Jardine, Logan, & O'Brien bill was moved from Item 1 Unfinished Business to the Consent Agenda; 6) A petition from the Valley View Garden Homes Association was moved from Item 2 of Correspondence to Item 3 of Visitors; 7) Item 1 of New Business, Junker Lawsuit - Garbage Rate Increases, was moved to the first Council meeting in December; 8) the Quantum Digital Imaging Center Bill - Copies of Traffic Analysis Report for Proposed St. Croix River Bridge was moved from Item 3 of New Business to the Consent Agenda. Councilmember Beaudet, seconded by Swenson, moved to approve the agenda as amended. Carried 5 -0. Visitors: Ken Kaiser, City Arborist - Diseased Tree Removal Bid Approval - Kaiser was present to discuss the bid received from St. Croix Tree Service for the removal of diseased trees in the City. Kaiser also recommended that, based on recent requests, the City make a policy of not giving the wood from the trees to residents due to the possibility that it may contaminate surrounding trees or other growth. Councilmember Robert, seconded by Beaudet, moved to accept the bid from St. Croix Tree Service in the amount • of $1,810, work to be finished by November 28, 1997. Carried 5- 0. Page 2 - City Council Minutes 10/14/97 Councilmember Robert then asked Kaiser why the City has received only one bid for the five -year tree pruning plan. Kaiser said that other companies have told him they cannot compete with St. Croix Tree's prices. Councilmember Robert requested that this issue be tabled until the October 28 meeting so that Administrator Robertson could solicit other quotes. The Police Department was also directed to make a note of the trees around the community that are in need of pruning and report back to the Council at the next meeting. Cindy Weckworth, Senior Environmental Health Specialist,_ Washington County - Overview of Groundwater - Councilmember Beaudet said that Ms. Weckworth was not able to be present today, but that she would return to present her report at the next Council meeting on October 28. Petition from Valley View Garden Homes Association - Doug Bergmann, 14913 57th Street North and president of the association, was present to bring some issues before the Council. The first three issues involved water drainage problems. Bergmann outlined the concerns of the association: raising up some storm sewers and putting grates on them, the maintenance of a rock bed in an overflow parking lot, and the sod problems after a heavy rain. Bergmann also requested that a vacant lot be mowed and that rubble be removed from another empty lot. City Engineer Anderlik said that he would need to go out to the site before he would be able to make any recommendations. Council directed • Anderlik to have a report ready at the next Council meeting. Council then asked Jack Krongard, the developer, for his input on the issues. Krongard noted that there have been some problems in the past but that he has spent some of his own money to fix problems that he did not cause. Krongard said that he is willing to install new storm sewer grates free of charge if that would solve the drainage problem. Krongard then said that he would mow the vacant lot. He also said that the rubble would be removed because he would be using it in the construction of a berm, which he expected to start work on within the week. There were some other residents of the association that shared concerns with the Council. Clyde Theets, 14935 57th Street North, said that he would like a street sign to designate his road between 57th and 58th Streets. Council directed staff to order a half - and -half sign for the street indicating which direction is 57th Street and which direction is 58th Street. William Kaine. Objection to the Granting of Mary Stenfors' Special Home Occupation License - Kaine appeared before the Council with a petition from some of the neighbors adjacent to Mary Stenfors, objecting to the Home Occupation Permit that was granted to Stenfors. He said he felt that the Council acted covertly when they reconsidered the permit application without • another public notice to the neighbors. Page 3 - City Council Minutes 10/14/97 City Attorney Vierling told Kaine that the procedural action that . the Council took is perfectly legal and appropriate. Kaine then indicated his displeasure with the Council because he had been present at the initial public hearing to oppose the permit, yet the Council ultimately granted Stenfors the permit. There was some discussion about the conditions placed on the permit and the fact that the Council reserves the right to revoke the permit at any time should there be violations of the conditions. Vierling noted that the permit is subject to annual review. Councilmember Robert asked Vierling if people could make anonymous complaints. Vierling noted that any complaint could only remain anonymous until a decision was made whether or not to charge someone. Once that decision was made, either to charge, or, to not charge someone with a crime, then the complainant's name would become public. Department Reports: Police - Chief Swanson acknowledged the receipt of a $50.00 donation from Wal -Mart. He said the Police Department worked with Wal -Mart in a child fingerprinting project and that the $50.00 was to be used for future materials. Swanson then requested Council authorization to proceed with drafting an updated dog ordinance to address problems with • potentially dangerous dogs. Councilmember Robert, seconded by Swenson, moved to set a public hearing for Tuesday, October 28 at 7:30 p.m. to discuss a new dog ordinance. Carried 5 -0. Chief Swanson requested that the City consider establishing a on- street parking ban in the winter months to help with the street plowing. Councilmember Turnquist, seconded by Schaaf, moved to set a public hearing for Tuesday, October 28 at 7:30 p.m. to discuss an ordinance establishing possible seasonal parking restrictions. Carried 5 -0. Parks - Councilmember Robert asked if the street lights at the MN /DOT bridge area will remain lighted, because several of them are burned out. Administrator Robertson said that the area should remain lighted in order to deter vandalism, but they do want to block off some of the streets that are not needed for access. Police Chief Swanson said that if the City wants Valley View Park to be plowed this winter, they will have to remove the posts which lock the gates. In that case, the park will have open access throughout the winter. Councilmember Robert said that issue would be put on the Parks Commission agenda for the meeting on October 21. 411 Councilmember Robert suggested flyers be distributed informing neighborhood residents of the Park Commission's proposed plans Page 4 - City Council Minutes 10/14/97 for Cover Park hockey rink this winter. Council was in consensus • that the City could hire some kids to distribute the flyers. Mayor Schaaf asked why the park bathrooms could not be opened during the fall and winter. Chief Swanson said that the restrooms are locked due the significant vandalism that occurs when they are not attended. Swanson also said that he would not support portable restrooms for that same reason. Administration - Administrator Robertson reported that Police Officer Paul Hoppe and his wife welcomed a son, Jacob, while Officer Kropidlowski and his wife celebrated the birth of a girl, Megan. The City wished both families heartfelt congratulations on their latest additions. Cable - Councilmember Turnquist said that the Cable Commission will be meeting on next Wednesday, October 15 at 8:00 p.m. at Bayport City Hall. The re- franchising survey has been completed and that the results are being tabulated. There will be a public hearing at 7:00 p.m. Turnquist encouraged additional input from residents, and urged attendance at the Commission meeting. Water Management Organizations - Councilmember Beaudet reported that the Middle St. Croix WMO will meet Thursday, November 13 at 7:00 p.m. at Bayport City Hall. Recycling Award - Administrative Intern Mesko reported that the • recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Phyllis Glampe of 14853 57th Street North. Oak Park Heights Business Group - Administrator Robertson said that the next meeting will be on November 5, 1997. The topic is tentatively planned to be the future of Oakgreen Avenue. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - September 23, 1997. 3. Approve Special Council Meeting Minutes - September 30, 1997. 4. Approve Special Council Meeting Minutes - October 7, 1997. 5. Approve Budget Amendment - Safe & Sober Grant Revenues. 6. Approval of Authorization to Conduct Bingo by Lake Elmo VFW Post #5725 at Stillwater VFW Post #323 - November 9, 16, & 23, 1997. 7. Approve Jardine, Logan, & O'Brien bill - Junker Landfill Lawsuit. 8. Approve Quantum Digital Imaging Center Bill - Copies of Traffic Analysis Report for Proposed St. Croix River Bridge - $33.53. • Page 5 - City Council Minutes 10/14/97 Councilmembers Beaudet and Turnquist requested pulling item 6 off III the agenda. Councilmember Beaudet moved to pull Items 2 and 4 off the agenda. Councilmember Beaudet, seconded by Swenson, moved to approve the Consent Agenda as amended. Carried 5 -0. Approval of Authorization to Conduct Bingo by Lake Elmo VFW Post #5725 at Stillwater VFW Post #323 - November 9, 16, & 23, 1997 - Ray Boelen of VFW Post #5725 was present. Boelen noted that the VFW was requesting to hold bingo from 4:00 -9:00 p.m. on the above dates. Councilmember Beaudet, seconded by Turnquist, moved to approve Resolution 97- 10 -37, A Resolution Authorizing VFW Post #5725 to conduct bingo at VFW Post #323. Carried 5 -0. Approval of Council Meeting Minutes, September 23, 1997 - Councilmember Beaudet said that he thought that a condition of the Mary Stenfors Special Home Occupation Permit was that Ms. Stenfors submit a schedule of the hours she will work to the City for enforcement purposes. The other Councilmembers did not recall this as a condition. Councilmember Robert, seconded by Swenson, moved to approve the minutes as presented. Carried 5 -0. Approval of Special Council Meeting Minutes, October 7, 1997 - Councilmember Beaudet submitted a language change for the October 7, 1997 Special Council Meeting Minutes. The change to read, "The Brimeyer Group - Jim Brimeyer and Pam Wunderlick were present representing the Brimeyer Group. Brimeyer noted that he was present to clarify their record of service to the City of Oak • Park Heights. Brimeyer indicated that in this situation he thought it would be in the best interest of the City of Oak Park Heights for The Brimeyer Group to withdraw it's proposal. Mayor Schaaf and Councilmember Turnquist expressed disappointment at Brimeyer's withdrawal, stating that they had enjoyed working with him in the past. The Brimeyer Group's initial proposal had a fee of $12,000 and expenses of no more than $2,000, for a maximum total of $14,000." Councilmember Turnquist, seconded by Swenson, moved to approve the minutes from October 7, 1997, with changes. Carried 5 -0. Public Hearings: Continuation of Public Hearing - Proposed Zoning Ordinance Amendment - Mayor Schaaf opened the public hearing at 9:07 p.m. City Planner Richards outlined the changes that the Council had requested. There was some discussion about the weight restriction of trucks allowed. Hearing no comments, Councilmember Turnquist, seconded by Swenson, moved to close the public hearing at 9:10 p.m. Carried 5 -0. Councilmember Turnquist, seconded by Swenson, moved to adopt Resolution 97 -10 -38 - A Resolution Adopting the Zoning Ordinance as Amended. Mayor Schaaf moved to amend the ordinance to add "trailer" to be included in the 12,000 GVW weight restriction. Councilmember Turnquist, seconded by Swenson, moved to approve • the Zoning Ordinance as presented with Mayor Schaaf's amendment. Carried 5 -0. Page 6 - City Council Minutes 10/14/97 New Business: • City Investment Policy - Administrator Robertson indicated that while the City has always had an informal investment policy the City Auditor has recommended a written policy. Robertson noted that while state law limits municipal investments, the policy proposed is slightly more conservative than required by law. Councilmember Swenson, seconded by Turnquist, moved to table this issue until the City Attorney has reviewed the proposal. Carried 4 -1, Mayor Schaaf opposed. Council Appointees to the Coalition of Utility Communities - Mayor Schaaf, seconded by Swenson, moved to appoint Councilmember Turnquist, with Mayor Schaaf as alternate, as liaison to the Coalition. Carried 5 -0. Discussion About Establishing a Planning Commission - Councilmember Turnquist, noting that the City's previous Planning Commission had been abolished in 1972, suggested that the Council may want to consider reestablishing it. City Attorney Vierling said that such a move would require an ordinance change. Council considered how to appoint members and when to have such meetings. Councilmember Swenson, seconded by Beaudet, moved to establish a workshop for Tuesday, October 28 at 4:30 P.M. to discuss Highway 36 /Osgood Avenue traffic issues and to discuss establishing a Planning Commission. Carried 5 -0. Discussion of Appointing Liaisons to Search Committee for a New 111 Administrator - Mayor Schaaf, seconded by Swenson, moved to appoint Councilmember Turnquist and Councilmember Beaudet as liaisons to the search committee. Carried 5 -0. Review of Washington County Capital Improvements Plan (CIP) - City Engineer Anderlik presented a letter in response to his review of the proposed County CIP with his suggestions. After discussion about what priorities were the most important to the City, Council then directed staff to send a cover letter on City letterhead along with Anderlik's letter to Washington County, explaining the position of Oak Park Heights regarding the Washington County CIP. Correspondence: Letter from Jardine, Logan, & O'Brien Re: Junker Landfill Lawsuit File - City Attorney Vierling said that the law firm should keep possession of the files until further notice from the City. Staff was directed to write a letter to Jardine, Logan, & O'Brien indicating that request. NSP Alarm - Councilmember Swenson said that the alarm that was heard on Friday, October 10 from the NSP plant was due to a valve that was releasing steam. Page 7 - City Council Minutes 10/14/97 Opticom Cooperation - Councilmember Swenson noted that he would • be contacting Lakeview Hospital, Washington County, City of Stillwater, and MN /DOT to coordinate joint efforts to install Opticom sensors on traffic lights as soon as cost estimates are received. Closed Session: Councilmember Turnquist, seconded by Swenson, moved to adjourn the meeting to closed session to discuss union negotiations, pending litigation, and personnel issues at 9:50 P.M. Carried 5 -0. Litigation - City Attorney Vierling updated Council on pending litigation. Personnel - The Council discussed communication issues with City Administrator Robertson. AFSCME Contract Proposal - After reconvening from closed session Councilmember Turnquist, seconded by Swenson, moved to accept the AFSCME contract proposal as presented by the state mediator. Carried 5 -0. Adjournment: Councilmember Turnquist, seconded by Beaudet, moved to adjourn at 11:46 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator OAK PARK HEIGHTS ill CITY COUNCIL SPECIAL MEETING MINUTES TUESDAY, OCTOBER 7, 1997 Call to Order: The meeting was called to order at 4:30 by Mayor Schaaf. Present: Councilmembers Beaudet, Turnquist, Swenson, and Robert. Staff Present: City Administrator Robertson & City Attorney Vierling. Review of Search Firm Proposals D.M. Griffiths - The executive search firm of D.M. Griffiths was present, represented by Matthew O'Beirne, Tom Caraway, and Stacy Anderson. O'Beirne described Griffiths' services and their past experience in performing executive searches for City Managers. O'Beirne noted that Mike Casey of Griffiths' Chicago office would be doing the bulk of the work if their firm was hired. Griffiths' proposed fees are $14,500 for the search plus $4,500 of expenses for a total of $19,000. The Brimeyer Group - Jim Brimeyer and Pam Wunderlick were present representing The Brimeyer Group. Brimeyer noted that he was present to clarify their record of service to the City of Oak Park Heights. Brimeyer indicated that in this situation he thought it would be in the best interest of the City of Oak Park Heights for The Brimeyer Group to withdrew it's proposal. Mayor Schaaf and Councilmember Turnquist expressed disappointment at • Brimeyer's withdrawal, stating that they had enjoyed working with him in the past. The Brimeyer Group's initial proposal had a proposed fee of $12,000 and expenses of no more than $2,000, for a maximum total of $14,000. The PAR Group - Council noted that the PAR Group had sent a representative to the previous Council meeting who had made a proposal to perform the executive search for $13,500 plus $3,500 for expenses for a total of $17,000. Personnel Decisions, Inc. - Council reviewed a proposal submitted that day by Personnel Decisions, Inc., which had a variety of fee schedules depending on the services that were used. Council discussed the pros and cons of doing the search themselves. Councilmember Beaudet noted that the Council does not have the time nor the expertise to evaluate all the candidates themselves. Councilmember Swenson stated that he preferred the PAR Group because they have done executive searches for more communities of similar size to Oak Park Heights than the other search firms. Councilmember Turnquist, seconded by Swenson, moved to hire the PAR Group to do the executive search for the new City Administrator, at a cost not to exceed $17,000. Carried 5 -0. Administrator Robertson was directed to contact the PAR Group and • attempt to set up a workshop before the next Council meeting. Page 2 - City Council Minutes 10/07/97 Adjourn to Closed Session: Councilmember Swenson, seconded by Turnquist, moved to adjourn to closed session at 5:25 p.m. to discuss pending litigation. Carried 5 -0. Adjournment: Councilmember Robert, seconded by Swenson, moved to adjourn at 5:52 p.m. Carried 5 -0. Respectfully submitted, Michael Ro ertson City Administrator • 111 Enclosure 5C CITY OF OAK PARK HEIGHTS SPECIAL MEETING 110 TUESDAY, SEPTEMBER 30, 1997 Call to Order: The meeting was called to order at 4:35 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson, Turnquist. Staff present: City Attorney Vierling, Administrative Intern Mesko. Discussion of Hiring Process for a New City Administrator - Councilmember Robert said that she had contacted some companies for quotes on providing a search for a new City Administrator. Administrative Intern Mesko was directed to get quotes from other companies so that the Council could review different proposals. Jerry Plonk of PAR Group was present to discuss the proposal that his company had prepared for the Council. There were some questions about the process that Mr. Plonk would undertake in the search as well as the qualifications of his firm. Council discussed the method and some of the things that they would be looking for in a search firm. They decided that they would like to have the hiring process take no more than 90 days, due to the date when current Administrator Robertson is scheduled to leave. There was also discussion about the price of the search plus the costs of the additional expenses incurred. Council said that they would be interested in having a cap on expenses, as was proposed in some estimates. Councilmember Turnquist said that he spoke with Jim Brimeyer, who did the last Administrative search, about conducting this one as well. It was decided that Turnquist should ask Mr. Brimeyer to submit a proposal for the Council to review. Council then set another special meeting for Tuesday, October 7 at 4:30 p.m. to review additional proposals and make a decision about what firm to hire to conduct the search. Mayor Schaaf adjourned the meeting at 6:00 p.m. Respectfully Submitted, 4(/o M- anie Mes o 411 Administrative Intern OAK PARK HEIGHTS III CITY COUNCIL MINUTES, TUESDAY, SEPTEMBER 23, 1997 Call to Order: The meeting was called to order at 7:05 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, Police Chief Swanson, and Administrative Intern Mesko. Approval of Agenda: The following was added to the agenda: 1) Policy regarding license revocation was added as Item 5 of New Business; 2) A personnel issue was added as Item 6 of New Business; 3) An update on Council meetings and events was added as Item 3 of Correspondence; 4) Washington County's 5 -Year Capital Improvement Plan was added as Item 7 of New Business. Councilmember Swenson, seconded by Beaudet, moved to approve the agenda with changes. Carried 5 -0. Visitors: Club Tara Dog Kennel - Mike Morrison was present to answer any questions from the Council about his son's pending application for a dog kennel at the current Club Tara location. He showed a letter that has been sent to East Oaks residents addressing some of the noise concerns and how they would be handled. City Attorney Vierling said that the parcel was zoned B -2 General • Business and that kennels are not permitted under B -2 zoning. Vierling said that Mr. Morrison would need to apply to rezone the property to I- Industrial Use and for a Conditional Use Permit or he would need to apply or a zoning text change to permit a kennel in B -2 zone. Vierling indicated that an application by Morrison for any of these changes would not in any way indicate or guarantee Council's approval or disapproval. The Passing of Stillwater Fire Chief George Ness - Mayor Schaaf noted that George Ness passed away after a battle with cancer. Mayor Schaaf recognized Mr. Ness's contributions to the community and said that he will be greatly missed. Department Reports: Police - Chief Swanson reported that the City has been approved for a $10,000 equipment grant. Parks - Councilmember Robert reported that the Garden Committee made $1,100 at its garden sale on Saturday, September 20. She also reported that NSP has been building a parking lot with 14 stalls at Cover Park along with a new trail that will be finished in October. Robert then encouraged all residents to attend the next Parks Commission meeting on October 21 to provide input about the winter use of Cover Park ice rink. Page 2 - City Council Minutes 09/23/97 Administration - Administrator Robertson said there will be a • ground breaking ceremony for First Bank of Bayport at Oak Park Ponds Shopping Center on Friday, September 26 at 11:00 A.M. Cable - Councilmember Turnquist said that the Cable Commission meeting on Wednesday, September 17 was canceled due to lack of an agenda. He also said that the survey has begun and that any feedback from residents is appreciated for negotiating a new contact that best serves the viewers. Water Management Organizations - Councilmember Beaudet reported that the WMO meeting was moved to September 25 at 7:30 p.m. at Bayport City Hall. Recycling Award - Administrative Intern Mesko reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Jennifer Skogen of 5483 Oakgreen Place. Oak Park Heights Business Group - Administrator Robertson said that the next meeting will be on October 1, 1997. City Engineer Joe Anderlik will be there to discuss the extension of 58th Street. Bridge Report - Council acknowledged receipt of the $7,389.12 balance from the $15,000 deposit from O'Connor & Hannan for the bridge lawsuit. City Attorney Vierling also noted that the City . received a letter from the Minnesota Assistant Attorney General stating that the motion for summary judgment is expected to be heard in November. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - September 9, 1997 3. Approve Request for Payment - Brackey Addition Utility and Street Improvements 4. Set a Public Hearing - October 28, 1997 at 7:30 P.M. - Application for Off -Sale Intoxicating Liquor, Off -Sale Non - Intoxicating Liquor, and Tobacco Licenses - Cellars Wine and Spirits Councilmember Beaudet moved to pull the bills and investments off the agenda. Councilmember Beaudet, seconded by Swenson, moved to approve Items 2, 3, and 4 of the Consent Agenda. Carried 5 -0. Councilmember Beaudet said that he was concerned that the City had received a bill from Jardine, Logan, & O'Brien, who represented the City during the Junker Landfill lawsuit. He requested that staff find out why it has taken so long to receive a bill. • Page 3 - City Council Minutes 09/23/97 Councilmember Turnquist, seconded by Swenson, moved to approve the bills and investments minus the Jardine bill. Carried 5 -0. Public Hearings: Continuation of Public Hearing - Proposed Zoning Ordinance Amendment - Mayor Schaaf opened the Continuation of the Public Hearing at 7:35. There was discussion about the regulations that would apply to large trucks in the desire to prohibit commercial parking in residential neighborhoods. City Planner Richards said that if Council wanted to place restrictions on commercial trucks he felt a weight restriction would work the best, while Councilmember Beaudet suggested that commercial license plates on a vehicle be the determining factor. Several residents were present to voice their opinions. Jim Rossi, 5470 O'Brien Avenue North, said that certain sized pickup trucks are given commercial plates based on their weight, regardless of their intended or actual use. After discussion staff was directed to find out what licensing standards are used in Wisconsin for commercial vehicles, so there will be consistency in defining a commercial vehicle. Council then discussed establishing setback requirements for boats, recreational vehicles, and trailers. Councilmember Robert said she favored establishing a 10 foot setback from the curb so that RV's, boats and trailers would not be a visual hazard to traffic. Police Chief Swanson said that he has not received any complaints about RV's or trailers being a visual hazard. • Several people voiced concern about the restrictions being placed on Oak Park Heights residents and their properties. Several residents said that trees are a bigger and more common obstruction than the vehicles being discussed. Byron Nelson, 5834 Olene, said that he measured his driveway and that he has a 29 foot driveway and a 24 foot long RV. He said that he could not make a 10 foot setback. Gregg Olson, 5491 O'Brien, and Doreen Berger objected as well. Jim Rossi, 5470 O'Brien, said that Oak Park Heights was not Edina, there were a lot of people in town with boats and RV's, and that those people should be able to park these vehicles on their driveway. Council was in consensus that there would not be any setback requirements for the driveway or the side yard for boats, trailers, and recreational vehicles and that there would remain a five foot rear yard setback. Doreen Burger wondered about the possibility of reducing the speed limit on some city streets. The Council said that the speed limit is mandated by the state and that she should contact her state legislators about changing it. Mayor Schaaf closed the Public Hearing at 8:07 P.M. Councilmember Turnquist, seconded by Robert, moved to table this • issue until the next Council meeting to resolve the issue of commercial trucks. Carried 5 -0. Page 4 - City Council Minutes 09/23/97 Unfinished Business: Reconsideration of Mary Stenfors Special Home Occupation Permit, 5323 O'Brien Avenue North - Councilmember Turnquist, seconded by Swenson, moved to reconsider Ms. Stenfors' application for an in- home beauty shop that was recently denied by the Council. Carried 4 -1, Councilmember Robert against reconsideration. Councilmember Turnquist said that he felt that the main objection was against using the rear entrance for the home occupation, and that the Council could require front entrance for customers. Councilmember Swenson said that he supported Ms. Stenfors' request and agreed with setting conditions and granting the permit. Councilmember Robert felt that the Home Occupation proposed would generate commercial traffic in a residential neighborhood and she was opposed to it. Councilmember Turnquist said that homes with several teenage drivers will generate more traffic than Ms. Stenfors' business. Councilmember Turnquist, seconded by Swenson, moved to grant the Special Home Occupation Permit with these conditions: "Hours of operation to be limited to 9:00 A.M. to 7:00 P.M., Monday thru Saturday, with a maximum of 35 hours worked a week, and customers to use the front entry for access." Carried 5 -0. Enforcement of Nuisance Ordinance - Chief Swanson said that he has reviewed the Council's suggestion of hiring a nuisance • abatement officer and has determined that there is not enough work to warrant the creation of a new position. Swanson stated that he agreed with Administrator Robertson's recommendation that nuisance enforcement should remain with the Police Department because the Police Department would have to prosecute people who did not come into compliance. Councilmember Robert objected. She indicated that she did not want the Police Department to respond to every nuisance complaint, that she thought a police visit was more intimidating than a letter from City Hall. Robertson and Swanson reiterated their recommendation that nuisance enforcement remain with the Police Department. Council was in consensus that nuisance enforcement shall remain a duty of the Police Department. East Oaks Addition - Request to Turn Private Streets Back to the City - City Planner Richards noted that under the development agreement governing East Oaks, the City agreed to allow several variances from City standards for the development, primarily small lots and setbacks than City standards, because the developers said that it would be a private development. Richards recommended that the City not take back the streets. Page 5 - City Council Minutes 09/23/97 City Engineer Anderlik noted that the developer did not always contact the City Engineer's office when constructing the streets in East Oaks, and so he could not guarantee to the City that the streets were constructed according to City standards. Anderlik said that he would not recommend that the City take possession of the East Oaks streets. Administrator Robertson stated that he agreed with the City Engineer's and City Planner's recommendations. Councilmember Robert said that she felt the City should take over the streets after securing certain concessions from the homeowners' association. Councilmember Swenson said that he felt he had enough information to make a decision and that the City should not spend any more money on consultants for this issue. Councilmember Swenson, seconded by Beaudet, moved to not take over the streets at East Oaks and direct staff to send a letter to East Oaks with the reasons why the City would not be doing so. Carried 5 -0. Annexation Update - Mayor Schaaf reported that the Met Council Community Development Committee met on Monday, September 15 and recommended to the Met Council that they testify in support of the annexation of the Screaton /Kern Center land to Oak Park Heights. City Attorney Vierling recommended that the City join in the lawsuit filed against the Minnesota Municipal Board (MMB) by Lake • Elmo and Baytown. Councilmember Turnquist, seconded by Robert, moved to have Oak Park Heights join in the lawsuit as a necessary and indispensable party on behalf of the MMB. Carried 5 -0. New Business: Resolution 97 -09 -35 - A Resolution Receiving Bids and Awarding Contract on Brackey West /Stillwater Ford Utility Improvements of 1997 - City Engineer Anderlik said that the bids for the project were opened on Tuesday, September 11, 1997 and the lowest bid was for $340,907.98 from Richard Knutson Construction. Anderlik then recommended that the City approve the bid and award the project to Richard Knutson Construction. Councilmember Beaudet, seconded by Swenson, moved to approve Resolution 97- 09 -35, awarding utility improvements to Richard Knutson Construction. Carried 5- 0. Resolution 97 -09 -36 - A Resolution Agreeing to Provide Maintenance and Electrical Energy for the New Highway 5 and Highway 36 Traffic Signals - City Engineer Anderlik said that this was a standard agreement requiring the City will pay for half of electricity use by two traffic lights and for half of the maintenance. Anderlik noted that MNDOT would perform the maintenance and bill the City. Page 6 - City Council Minutes 09/23/97 Councilmember Robert objected to this billing method, saying that Finance Director Holst would have to bill Baytown Township for part of the bill. She recommended not signing the resolution until that language was taken out. City Attorney Vierling said that this is not an unusual arrangement and that the City currently does this in other situations. Vierling recommended that the City approve the agreement as presented. Councilmember Turnquist, seconded by Swenson, moved to approve the resolution as presented. Carried 5 -0. Review of Letter from Washington County - Pedestrian Crosswalks on County Roads - Councilmember Robert said that she had received a request from residents about putting in a crosswalk on Paris Avenue by 62nd Street. She contacted Washington County and they subsequently decided that there was not a need for a crosswalk at that location. Police Chief Swanson said he agreed with Councilmember Robert that the area in question could use a sign because there is a curve in the street that could make it dangerous for children crossing. Council directed staff to send a letter to the Washington County Board of Commissioners and request that a sign be put on Paris Avenue near 62nd Street. Review of Larry Simonson's Variance Request Bill - Councilmember Turnquist objected to the amount Larry Simonson was charged for a variance request which was denied. Besides the application fee, Simonson was billed almost an additional $500 from the City Planner. While Simonson claimed he was not informed that he would be billed for any work done by the City Planner, Administrator Robertson stated that he did inform Mr. Simonson that there may be additional charges for his request. City Planner Richards said that he cannot write a recommendation until he is able to look at the property and that the average variance costs between $500 -$700. He then said in Wayzata, he charges a flat rate of $300 for single family variances and that he would be willing to do this in Oak Park Heights. Councilmember Turnquist said that he would like to set up a workshop to discuss the details of this proposal. Councilmember Beaudet then asked Richards if he would be willing to accept $300 for this variance; Richards said no, but that he would talk to his boss about what might be acceptable. There was discussion about how the City should handle this and how clear the policy currently is to residents. There was also concern that this would be setting a precedent for refunds on previous variance bills. Councilmember Turnquist, seconded by Swenson, moved for the City to pay this bill with the understanding that this is not setting a precedent for future refunds. Councilmember Beaudet moved to amend the motion to have Mr. Simonson pay $300 and the City pay the rest. Without a second, the amendment died. Original motion carried 4 -1, Councilmember Beaudet opposing. 411 Page 7 - City Council Minutes 09/23/97 Request for Refund of Liquor Licenses - Club Tara - City Attorney • Vierling indicated that the City had received a request from Club Tara for a pro -rated refund of their liquor license fee. He stated that the City has never had a liquor license revoked and that there is no policy regarding whether refunds are permitted. Vierling requested that the City develop a policy for guiding this in the future. There was discussion by the Council about differentiating between loss of license due to revocation compared to bankruptcy. There was also discussion about the costs to the City. Councilmember Robert, seconded by Beaudet, moved to not allow for a refund when a liquor license is revoked due to the costs incurred by the City in investigation fees. Carried 5 -0. Washington County's Five Year Capital Improvement Plan (CIP) - Councilmember Robert said that after reviewing the County's proposed CIP, she noticed that there is no mention of the Oakgreen Avenue project. She recommended that the City Engineer send a letter to Washington County making an argument why this project is important. Council was in consensus to direct City Engineer Anderlik to contact the County on this issue. Council was in consensus to appoint Councilmembers Swenson and Robert as a committee to negotiate with the County if necessary. Resignation of City Administrator Robertson - Councilmember Turnquist read a letter from Mike Robertson announcing his resignation as City Administrator effective December 23, 1997. Councilmember Turnquist, seconded by Swenson, moved to accept the resignation and authorize Mayor Schaaf to sign the necessary amendment to Robertson's contract. Carried 5 -0. Councilmember Turnquist thanked Robertson for the good job he has done, acknowledging that being the first City Administrator in a city is a tough job. He also said that Robertson has handled the position with professionalism, patience, understanding, and a sense of humor. The Council wished Robertson good luck in the future. Correspondence: Letter from Menards About Garbage Prices - There was discussion about the validity of the other price proposals that Menards presented. Councilmember Swenson, as the garbage liason, agreed to find out what other Menards stores in the area pay for garbage service and report his findings back to the Council. Letter About MN /DOT Easement - City Attorney Vierling said that this letter was to serve as an informational piece for the Council and that the easement may or may not even happen. Future Council Meetings - The Council discussed the upcoming meetings they will be attending. A Page 8 - City Council Minutes 09/23/97 Bayport Cooperation Committee - Councilmember Swenson, seconded • by Robert, moved to appoint Councilmember Turnquist as an alternate to the Bayport Cooperation Committee. Carried 5 -0. Closed Session: Council member Swenson, seconded by Turnquist, moved to adjourn the meeting to closed session to discuss pending litigation at 9:40 PM. Carried 5 -0. Adjournment: Council member Turnquist, seconded by Swenson, moved to adjourn at 9:45 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator • • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, SEPTEMBER 9, 1997 Call to Order: The meeting was called to order at 7:04 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following was changed on the agenda: 1) A price quote on writing a newsletter article about annexation was added as Item 9 of New Business; 2) Items 3 and 4 of New Business were removed and rescheduled for the September 23, 1997 Council Workshop. Councilmember Beaudet, seconded by Swenson, moved to approve the agenda as amended. Carried 5 -0. Visitors: Proclamation of Constitution Week - Mayor Schaaf read the proclamation establishing September 17 -23, 1997 as Constitution Week in recognition of the 210th anniversary of the signing of the United States Constitution. Mayor Schaaf, seconded by Beaudet, moved to authorize September 17 -23, 1997 as Constitution Week in Oak Park Heights. Carried 5 -0. Department Reports: • Police - Administrator Robertson said that he had heard concerns from Police Chief Swanson about the noise issue from a proposed dog kennel. Mayor Schaaf reported that the City has received an anonymous letter alleging corruption regarding the proposed Screaton /Kern Center annexation and that he has asked Chief Swanson to look into the issue. Parks - Councilmember Robert reported that the Garden Committee will have its perennial garden sale on Saturday, September 20 from 9 :00 a.m. to 12:00 p.m. at Cover Park. She also asked for Council authorization to use $1500 of the $2500 surplus from the Parks Budget to grade and seed the Brekke Park ice area. Councilmember Robert, seconded by Swenson, moved to authorize Miller Excavating to grade and seed Brekke Park as indicated on their estimate with the cost not to exceed $1500, with money to be taken from the surplus in the Parks Budget. Carried 5 -0. Robert then informed the Council that the Parks Commission has recommended /that Cover Park not be staffed with ice rink attendants due to the low turnout last year. Robert said that there has been contact with the St. Croix Valley Hockey . Association to take over maintenance of Cover in exchange for use of the ice for practices. There would not be access to the warming house, but the public would be welcome to use the ice Page 2 - City Council Minutes 09/09/97 when not occupied by the hockey association. Council was in • consensus that this was a proposal worth looking into and directed Councilmember Robert to continue to discuss details with the St. Croix Valley Hockey Association. Administration - Administrator Robertson reported that Adam Josephson and Jeff Gibbons from MN /DOT will be present at the September 23 workshop per Council request. Robertson also reported that SuperAmerica has requested cancellation of their Public Hearing on September 23 and has waived their 120 day limit on action in order to revise their plans after a meeting with staff last week provided them with information about what the City will require. Councilmember Swenson, seconded by Turnquist, moved to reschedule their strategic planning retreat for Saturday, November 15 from 9:00 a.m. to 1:00 p.m. Carried 5 -0. Cable - Councilmember Turnquist said that the Cable Commission will be meeting on next Wednesday, September 17. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet September 24 at 7:30 p.m. at Bayport City Hall. Recycling Award - Administrator Robertson reported that the • recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Timothy Wohlers of 14571 55th Street. Councilmember Swenson suggested that the Council consider giving a prize such as a carbon monoxide detector or a smoke detector rather than money for the recycling award. There was some discussion on his suggestion, and Council requested that this be put on an agenda in the future for further consideration. Oak Park Heights Business Group - Robertson said that the next meeting will be on September 10, 1997. Keith Ulstad of Oppidan Development will be there to talk about the Oak Park Ponds Shopping Center Development. Bridge Report - Nothing to report. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - August 12, 1997 Councilmember Beaudet moved to pull the minutes off the agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda as amended. Carried 5 -0. Page 3 - City Council Minutes 09/09/97 Councilmember Beaudet said that the minutes should be amended to • read, "Councilmember Beaudet expressed concern that the money allocated for the feasibility study of the North outlet of Prison Pond has been spent and that Oak Park Heights has overpaid. Council then directed Deputy Clerk /Finance Director Holst to report back to the Council how much the Watershed Management Organization has spent on this project." Councilmember Turnquist, seconded by Swenson, moved to approve the minutes with changes. Carried 5 -0. Public Hearings: Request for Variance from the Front and Side Yard Setback to Construct a Garage and Addition - Sandra Boettcher - 5857 Olinda Avenue North - Mayor Schaaf opened the Public Hearing at 7:30. Ms. Boettcher was present to answer any questions. She said the plans include converting the existing garage into a family room, constructing two additional bedrooms, and constructing a two -car garage. She said she needed the variance because there is no other place on her property where a two -car garage would fit. Ms. Boettcher then said that they designed the garage to be deeper rather than wider to provide storage space and for aesthetic reasons. They cannot move the garage further back because there is an old septic in the backyard and because then the garage would interfere with the existing addition off the back of the house. Byron Nelson of 5308 Olene Avenue came before the Council to support Ms. Boettcher's request. He said that it would improve the look of the neighborhood and that he was in favor of the variance Councilmember Swenson, seconded by Turnquist, moved to close the Public Hearing at 7:36. Councilmember Turnquist, seconded by Swenson, moved to grant the variance on the hardship of a shallow lot and not having enough room to park their cars. Carried 5 -0. Resolution 97 -09 -33 - Proposed Construction of Public Improvements - Brackey West Addition - Mayor Schaaf opened the Public Hearing at 7:38. Administrator Robertson read the notice and reported that he had not received any oral or written objections to the proposed construction. He then read Resolution 97- 09 -33, Ordering the Improvements and Approving the Final Plans and Specifications on the Brackey West /Stillwater Ford Utility Improvements of 1997. Councilmember Turnquist, seconded by Swenson, moved to close the Public Hearing at 7:40. Carried 5 -0. Councilmember Swenson, seconded by Turnquist, moved to approve Resolution 97- 09 -33. Carried 5 -0. Continuation of Public Hearing - Proposed Zoning Ordinance Amendment - Mayor Schaaf opened the Continuation of the Public Hearing at 7:41. City Planner Richards clarified the changes requested by Council at the last meeting. • 1. The exemption of government buildings from light pollution requirements if they need it for security Page 4 - City Council Minutes 09/09/97 purposes; 110 2. All new driveways will need to be constructed of concrete, asphalt, cobblestone, or paving block; 3. Accessory off - street parking may be constructed of concrete, asphalt, cobblestone, paving block or crushed rock that must be meet at least Class 5 specifications and have at least a 4 inch deep base; 4. No more than one commercial truck, not to exceed 12,000 GVW, can be parked in a residential driveway; There was discussion about how specific the City should be in determining the size allowed for trailers, recreational vehicles, and boat parking in residential areas. It was decided that any policy should be simple and to the point in order to aid in ease of enforcement. There was also discussion as to what the appropriate setback from the street for recreational vehicles and trailers should be. Councilmember Beaudet, seconded by Turnquist, moved at 8:07 to continue the hearing in order to determine how far back from the curb would be adequate. Carried 5 -0. Unfinished Business: Bike Trail on SE Frontage Road - City Engineer Anderlik told the Council that he had prepared an estimate for the improvements to the SE Frontage Road per Council request. Anderlik said the cost would be approximately $46,800 and that the City should not do the work until next year when turn lanes and a traffic light will be added to 58th Street. New Business: Resolution 97 -09 -32 - Approval of Preliminary 1998 Tax Levy & Budget - Mayor Schaaf clarified that the City is required to certify a tax levy, although the levy may be reduced before it is finalized. He emphasized that the numbers provided to the Council are preliminary and that the City is waiting for more information from the State to make a final decision. Councilmember Turnquist, seconded by Swenson, moved to adopt Resolution 97- 09 -32, A Resolution establishing the preliminary 1998 tax levy and budget. Carried 5 -0. Establish Truth -in- Taxation Hearing Dates - Mayor Schaaf, seconded by Swenson, moved to establish the Truth -in- Taxation hearing on Tuesday, December 2 at 7:00 p.m. Administrator Robertson said that the Council also needs to set an adoption hearing for the 1998 budget. Councilmember Beaudet, seconded by Swenson, moved to set the adoption date on Wednesday, December 17 at 5:00 p.m. Bike Trail from Oakgreen to St. Croix Mall - Councilmember Robert said that the money for this project, $22,000, has been budgeted, but that the City has been unable to obtain an easement from the Mall management. City Attorney Vierling said that the mall is • not interested in providing any permanent easements and recommended that the City not pursue a temporary easement for Page 5 - City Council Minutes 09/09/97 trail construction. Robert suggested that the City construct the • trail on the land that the City already owns, and finish construction if the City obtains an easement in the future. Reconsideration of Mary Stenfors Special Home Occupation Permit Application, 5323 O'Brien Avenue North - This item was tabled until the September 23 Council meeting. Discussion of Garbage Rates - Councilmember Beaudet said that he wanted to clarify that businesses in Oak Park Heights should not have to pay for the City's portion of the Junker lawsuit because they have already made their own settlements. He also recommended that the Council increase the garbage rates for residential customers $6.50 per quarter for five years to pay for the City's costs in settling the lawsuit. There was discussion about whether to recoup the money over 3, 5, or 7 years. Councilmember Robert, seconded by Schaaf, moved to table this issue until the first meeting in December. Carried 5 -0. Community Center Grant - Councilmember Swenson said that because the plans for this concept have changed since it was initially presented to the Council, he wanted to be assured that the concerns Oak Park Heights had outlined previously were reiterated to Stillwater. Those concerns were: 1. That adequate ice time be available for non - hockey ice use; • 2. That hockey ice time be divided equitably between male and female hockey teams; 3. That Oak Park Heights have a member on the Community Center's Board of Directors. Council directed staff to send a letter to Stillwater addressing these concerns. Annexation Newsletter - Councilmember Robert said that she has been concerned about the public perception and the misinformation surrounding the contested annexation in which the City is involved. She requested that the City distribute a newsletter addressing this issue and said that she has received a quote of $750 -950 for a professional writer to do the work. Councilmembers Swenson & Turnquist objected to the cost of a professional writer and requested that staff do the newsletter. Council then directed Administrative Intern Mesko to research and prepare a newsletter to clarify the annexation process in general and inform the public about the current contested annexation of the Screaton land. Correspondence: Letter from Andrew Morrison - Mayor Schaaf read a letter from Andrew Morrison indicating that he was interested in purchasing the Club Tara and turning it into a dog kennel. Tom Wortman, • president of the East Oaks Townhome Association, was present to share with the Council his concerns about the placement of a dog Page 6 - City Council Minutes 09/09/97 kennel so close to East Oaks townhomes. Wortman said the . residents are worried about the noise that a kennel could generate. City Attorney Vierling said that the proposed land is zoned B -2, Commercial Use, and that the City Council should not make any statements absent an application from Mr. Morrison. Closed Session: Councilmember Swenson, seconded by Turnquist, moved to adjourn the meeting to closed session to discuss union negotiations, pending litigation, and personnel issues at 8:55 PM. Carried 5 -0. Adjournment: Councilmember Swenson, seconded by Turnquist, moved to adjourn at 10:24 p.m. Carried 5 -0. Respectfully submitted, / c / k) M elanie Mesko Administrative Intern 410 OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES, WEDNESDAY, SEPTEMBER 3, 1997 Call to Order: The meeting was called to order at 4:35 by Mayor Schaaf. Present: Councilmembers Robert, Turnquist, and Swenson. Councilmember Beaudet arrived at 4:48 p.m. Staff Present: City Administrator Robertson, Deputy Clerk /Finance Director Holst and Administrative Intern Mesko. Community Sports Facility - Rich Cummings, Stillwater Councilmember, and Nile Kriesel, Stillwater City Administrator, were present to discuss with the Council the latest plans for the Community Facility. The facility would include a hockey arena, field house, and a Public Works building. There were questions about the finances of the project, its location, and how ice time would be divided. Councilmember Turnquist suggested that the City move the $50,000 it has allocated for the project to the 1999 budget, and if the facility does get built in 1998, money can be taken out of reserves. Council directed staff to make the change and to add this issue to the next City Council meeting. 1998 Budget - City Administrator Robertson said that the City will need to cut $289,000 from the budget to have a 0% tax rate increase. Even with a 0% increase, however, because of the projected 9 % decrease in City tax capacity and the reduction of commercial tax rates by the state that City residents will have higher taxes for 1998. Robertson noted that the City would have • to reduce proposed expenditures $126,00 in order to achieve the maximum tax levy allowed by the State due to the recently passed levy limits. Robertson also indicated that if the City levied the maximum tax levy allowed, it would mean an approximate 15% increase in the tax rate for 1998. Parks Budget - Lynae Byrne and Mike Dahlquist from the Park Commission were present to answer Council questions about their budget priority list they prepared. The entire "wish list" from the Park Commission totaled $198,690. There was discussion about the purchase of the land for the proposed annexed park, which would total $112,000 over two years. The first three priorities on the list, Valley View Prairie Restoration, money for the purchase of the annex land area, and the grading and seeding of Swager Park, along with the $10,000 requested for yearly expenses totaled $74,200. Deputy Clerk /Finance Director Holst noted that she had budgeted $114,700 for the Parks in 1998. 1998 Levy Limit - Holst also noted that the City has to certify its levy limit by September 15, even though she will probably not receive tax capacity values from the County until October. The City can always decide not to levy as much, but they cannot increase the levy after it is certified. Council then directed staff to prepare a resolution certifying the 1998 tax levy at the maximum $1,515,000 for the next Council meeting. • Page 2 - City Council Minutes 09/03/97 Council removed the $56,000 to purchase park land from the General Fund and had it transferred from the Capital Improvement Revolving Fund. They then eliminated the $20,000 allocated for Perro Pond. There was also discussion about the City's donation policy. It was agreed to eliminate all donations for 1998 except for the Youth Service Bureau. Deputy Clerk /Finance Director Holst informed the Council that they were still $4,787 over budget for 1998. Adjournment: Council member Turnquist, seconded by Swenson, moved to adjourn at 6:30 p.m. Carried 5 -0. Respectfully submitted, v Michael Robertson City Administrator • 411 OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, AUGUST 26, 1997 Call to Order: The meeting was called to order at 7:05 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following items were added to the agenda: 1) A memo from Councilmember Robert regarding the Nuisance Ordinance was added to Item 3 of New Business; 2) A memo from Deputy Clerk /Finance Director Holst concerning budget transfers was added as Item 4 to the Consent Agenda; 3) A memo from Councilmember Robert about the status of the trail on Kern Avenue /60th Street frontage road was added as Item 4 of New Business. Councilmember Swenson, seconded by Robert, moved to approve the agenda as amended. Carried 5 -0. Visitors: There were no visitors. Department Reports: Police - Police Chief Swenson reported that the City has been awarded the 1998 Safe and Sober grant. • Parks - Councilmember Robert reported that, per Council direction, the Parks Commission prioritized their budget requests at their meeting on Tuesday, August 19. Administration - Administrator Robertson requested that the Council approve the dates for budget workshops on Wednesday, September 3 from 4:30 -6:00 p.m. and Tuesday, September 9 from 4:30 -6:00 p.m. Councilmember Turnquist, seconded by Swenson, moved to set budget workshops at said date and time. Carried 5- 0. Robertson also reported that Deputy Clerk /Finance Director Holst has received a preliminary estimate of a 9.56 reduction for Oak Park Heights' 1998 tax capacity. Council noted that this reduction is so prominent because of the State's reduction in property tax rates for' commercial and multi - family properties, which make up a large portion of Oak Park Heights' tax base. Cable - Nothing to report. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet September 24, 1997 at 7:30 p.m. at Bayport City Hall. Recycling Award - Administrator Robertson reported that the . recipients of a $25.00 check from the City of Oak Park Heights for participating in its recycling program are Sandra and Charles Kotval of 14787 Upper 56th Street North. Page 2 - City Council Minutes 08/26/97 • Oak Park Heights Business Group - The next meeting will be on September 10, 1997 at 7:30 a.m. Bridge Report - Nothing to report. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - August 12, 1997 3. Set Public Hearing for September 23, 1997 at 7:30 pm- Application for Site Plan Approval, Subdivision, Rezoning, & Variance from Signage Requirements - SuperAmerica 4. Approval of budget transfers. Councilmember Robert requested pulling the minutes off the agenda. Councilmember Turnquist, seconded by Beaudet, moved to approve the Consent Agenda as amended. Carried 5 -0. Councilmember Robert requested that the Parks report be amended to read, "Councilmember Robert reported that the City has received a $10.000 grant from the DNR for prairie restoration." Councilmember Beaudet said that the date for the next WMO meeting should read September 24 at 7:30 pm. • Councilmember Turnquist, seconded by Beaudet, moved to approve the minutes with changes. Carried 5 -0. Public Hearings: Request for a Special Home Occupation Permit - Beauty Shop - Mary Stenfors, 5323 O'Brien Avenue - Mayor Schaaf opened the Public Hearing at 7:30. Ms. Stenfors was present and explained that she wanted to operate a beauty shop in her home. Stenfors noted that her hours of operation would be Monday, Wednesday, and Friday from 9:00 a.m. to 5:00 p.m., Tuesday and Thursday from 1:00 p.m. to 9:00 p.m., and Saturday from 9:00 a.m. to 2:00 p.m. Stenfors said that she would construct a private entrance in the rear of the house so as to not disturb her neighbors. Bill Pauley of 5311 O'Brien Avenue said that he wanted to be assured that the Council retains authority to revoke the license at a future date if there are problems. City Attorney Vierling indicated to Pauley that a Special Home Occupation License runs with the business, not the land, and the Council can amend or revoke it at any time. William Kaine of 5324 Ojibway, said that he was opposed to the granting of the license because of the traffic it would generate. He said that he felt a business should not be located in a residential neighborhood, and that Ms. Stenfors should rent a commercial space for her beauty shop. Page 3 - City Council Minutes 08/26/97 Administrator Robertson noted that Mr. Kaine was indicated as having no objection to a beauty shop on a form Ms. Stenfors had submitted. Kaine indicated that when Stenfors had talked to him he thought she was just talking about the possibility of a beauty shop, that he did not sign off on Ms. Stenfors' notification form, and that he never would support such a proposal. Kaine also said that he did not want strangers in his neighborhood. Stenfors said that she was under the impression that Mr. Kaine had no objections to her operating a beauty shop out of her home. Councilmember Swenson suggested that the hearing be tabled and that Ms. Stenfors should obtain written signatures from her neighbors. No action was taken. Council directed staff to suggest that in the future people obtain written signatures when surveying their neighbors. Hearing no further comment Councilmember Turnquist, seconded by Swenson, moved to close the public hearing at 7:40 p.m. Carried 5 -0. Councilmember Robert stated that she felt that retail businesses do not belong in residential neighborhoods because of the increase in traffic. Councilmember Beaudet said that he felt the traffic generated would be minimal, as would the impact on the neighborhood. Mayor Schaaf said that traditional retail • businesses should be located in commercial spaces and shopping malls because that would increase the City's tax base. Councilmember Robert said that she felt that beauty shops have traditionally not been allowed as home occupations and that the City Ordinances should reflect that policy. Robertson noted that there have been beauty shops as home occupations in the past. Mayor Schaaf said that he thought the Zoning Ordinance should be amended to exclude traditional retail business from obtaining home occupation permits. City Planner Richards said that he would discourage the City from establishing a specific list of permitted home occupancies in the City ordinance because it would require constant modification to maintain such a list. Robertson noted that if the Zoning Ordinance was to be modified it would need more specific language then simply excluding "traditional retail businesses ". Councilmember Robert, seconded by Schaaf, moved to deny the proposed Home Occupation Permit. Carried 3 -2, Councilmembers Swenson and Beaudet voting against denial. Permit denied. • Page 4 - City Council Minutes 08/26/97 411 Continuation of Public Hearing - Proposed Zoning Ordinance Amendment - Mayor Schaaf reopened the continuation of the public hearing at 7:57 p.m. City Planner Richards discussed the changes requested by the Council at the last meeting. Council was in consensus to approve the following amendments; 1) Driveways - Must be concrete or asphalt only. 2) Accessory parking pads - Must consist of a minimum of class 5 gravel or better. 3) Recreational Vehicles /Boats /Trailers - Anything more than four feet high must be parked at least ten feet from the curb. 4) Commercial trucks parked in residential neighborhoods - Staff was directed to examine how many of these existed and to report back to Council. 5) Lights on residential homes - Must not spill over onto adjacent property. Council directed Richards to make the changes discussed. Councilmember Turnquist, seconded by Swenson, moved to continue this issue until the Council meeting on September 9. Carried 5- 0. New Business: Review of MNDOT Final Design Plans - Councilmember Robert suggested that the Council review MNDOT's final design plans for compliance with their preliminary design plans. Councilmember Swenson, seconded by Beaudet, moved to set a workshop on September 23 at 4:30 to discuss the Highway 36 construction plans. Carried 5 -0. Council directed Administrator Robertson to contact MN /DOT to request that a MN /DOT representative attend the workshop to answer any questions from the Council. Resolution 97 -08 -31 - A Resolution Regarding Perro Creek & the Middle St. Croix Watershed Management Organization - Councilmember Beaudet presented a resolution stating his concerns about the plan proposed for study by the Middle St. Croix Watershed Management Organization (WMO). Councilmember Beaudet said he felt that the plan proposed does not address both the summer and winter flooding problems and that the formula for funding the project is unfair to Oak Park Heights. City Engineer Anderlik said that while almost any solution will be expensive, he agreed that the one being advocated by the WMO does not solve both the winter and summer flooding problems. Anderlik also said that he thought the funding formula was not fairly distributed. He said that the funding should be based on water contribution to the affected area rather than the land area of the sub - watershed. 110 Page 5 - City Council Minutes 08/26/97 Administrator Robertson said that he had spoken with Ken Hartung, Bayport's City Administrator, about the proposal. Hartung indicated to Robertson that the WMO has not made a final decision about which route it wants to take; it has only agreed to study one route. Hartung also indicated that the WMO is willing to look at altering the funding formula. City Attorney Vierling said that the resolution before the Council is too broad and suggested some wording changes to indicate Oak Park Heights' opposition to the current plan while remaining available in the future to discuss alternative proposals. Councilmember Beaudet moved, seconded by Robert, to approve Resolution 97 -08 -31 as amended. Carried 5 -0. Councilmember Beaudet expressed concern that the money allocated for the feasibility study of the North Outlet Structure for Perro Pond has been spent and that Oak Park Heights has overpaid. Council then directed Deputy Clerk /Finance Director Holst to report back to the Council how much the watershed has spent on the project. City Enforcement of Nuisance Ordinance - Councilmember Robert said that she would like to see the City handle nuisance enforcement differently than the current policy. She requested that administration send a letter to violators first, rather than 111 sending a police officer to a residence. Councilmember Robert felt that most residents are unaware when they are not in compliance with the Nuisance Ordinance and that a visit from a police officer can be intimidating. Police Chief Swanson said that while there are some possible alternatives, such as hiring a nuisance abatement officer, to sending a police officer, there will still need to be someone to canvas the city to spot Nuisance Ordinance violations. Swanson also said that he thinks that there are better results when an officer visits a home initially. He suggested that information in the next City newsletter may help educate residents about what is and is not allowed per the City Nuisance Ordinance. Administrator Robertson noted that whoever sends the letter to the violator is the person who the violator will call back. He thought that person should be a police officer because he is the one who can answer questions about the violation. Council directed Robertson and Swanson to research the cost for some of the proposals discussed and present them to the Council. Trail along Frontage Road - Councilmember Robert said that she would like clarification about what MNDOT plans to do with the graded area along the SE frontage road. There was some discussion about whether the trail should be paved. Council directed City Engineer Anderlik and Administrator Robertson to • talk with MNDOT to find out their intentions for the trail and prepare a cost estimate for a paving the trail. Page 6 - City Council Minutes 08/26/97 III Correspondence: Letter from Minnesota Municipal Board - City Attorney Vierling stated the letter is directing the City of Oak Park Heights, the City of Lake Elmo, and Baytown Township to meet three times in the next 60 days to attempt to reach a resolution by the competing annexation petitions. Vierling recommended that the City officially indicate its willingness meet with all parties and also recommended that a professional mediator be hired to facilitate the discussions. Councilmember Turnquist, seconded by Swenson, moved to indicate a willingness to meet as directed by the Minnesota Municipal Board and to pay 1/3 of the cost to hire a professional mediator to work with Oak Park Heights, Baytown, and Lake Elmo on the annexation issue. Carried 5 -0. Letter from East Oaks Townhome Association - Administrator Robertson said that the association is requesting that the City take over ownership and maintenance of Oxboro Avenue. He reported that the Development Agreement signed by East Oaks clearly says that all streets and utilities are to be private, and that the City has no obligation to take over the streets. Robertson also said that there were repairs done on the street without the notification of the City Engineer, so there is little way of knowing whether the quality of work meets City III specifications. City Attorney Vierling said that if there were problems with the streets, the developer would be responsible for the work quality. City Engineer Anderlik said that there are several engineering issues associated with the street that the City should examine before even considering taking it over. He cautioned that street breakdown is a long -term process and that they cannot anticipate every problem that may arise. Council directed Robertson to send a letter to the East Oaks Townhome Association discussing these issues and enclosing a copy of the development agreement. Council also directed staff to prepare a report of all the issues involved with the East Oaks development. Closed Session: Councilmember Turnquist, seconded by Swenson, moved to adjourn to closed session to discuss union negotiations, litigation, and personnel issues at 9:40 PM. Carried 5 -0. Adjournment: Councilmember Swenson, seconded by Turnquist, moved to adjourn at 11:17 p.m. Carried 5 -0. Respectfully submitted, ✓� % %� Michael Robertson 411 City Administrator OAK PARK HEIGHTS 410 CITY COUNCIL WORKSHOP MINUTES, TUESDAY, AUGUST 19, 1997 Call to Order: The meeting was called to order at 4:30 by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Turnquist and Swenson. Staff Present: City Administrator Robertson, Police Chief Swanson, Deputy Clerk /Finance Director Holst, and Administrative Intern Mesko. PRELIMINARY 1998 BUDGET Fire Department - Bayport Fire Chief, Chuck Schwartz was present to discuss his 1998 budget. He told the Council that the Fire Department is putting money away every year to save up for a new ladder truck, which they hope to purchase in 2000. A ladder truck costs about $650,000- $700,000 and they currently have a reserve of $170,000. Schwartz reported that the Fire Department received a tremendous response from the surveys they distributed regarding commercial fire checks. He also said that keyboxes will be distributed to the interested businesses, with the businesses paying the costs. Finance Director Holst was instructed to allocate $3,000 for the cost of commercial fire inspections in Oak Park Heights. Police Department - Swanson clarified the Police Department's general policy on prosecution for the Council. Swanson also said • that money from the forfeiture fund must, by state statute, be used for police purchases that are not budgeted for. That has included additional firearms, portable radios, a radar unit, and the monthly cost for health club memberships for officers. There was discussion about if the City could use seized vehicles for City vehicles. Administrator Robertson was directed to consult with the City Attorney to determine if the City could use a seized vehicle for a City vehicle. Capital Improvement Fund - Administrator Robertson said that the Council has to establish its preliminary tax levy by September 15, 1997. Council decided to use money from the Capital Revolving Fund to pay for the improvements needed for the City Hall roof. Staff was directed to obtain cost estimates for the roof repair. Council then decided on the following: 1. Administration Department: Leave $10,000 for the computer system in the budget; 2. Public Works: Reduce the amount set aside for a 2 % ton dump truck from $25,000 to $5,000 for 1998, with the $25,000 to be moved to the 1999 and 2000 Capital Improvement Budget; • • Page 2 - City Council Minutes 08/19/97 3. Public Works: Leave $5,000 for the pick -up truck /plow for 1998; 4. Building Inspections: Leave $5,000 in for a vehicle. Staff was directed to reduce proposed 1998 expenditures by $30,000. Adjournment: Councilmember Turnquist, seconded by Swenson, moved to adjourn at 6:40 p.m. Carried 5 -0. Respectfu ly submitted, Michael Robertson City Administrator • • OAK PARK HEIGHTS 110 CITY COUNCIL WORKSHOP MINUTES, TUESDAY, AUGUST 12, 1997 Call to Order: The meeting was called to order at 4:30 by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Turnquist and Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling and Administrative Intern Mesko. Jeff Glewwe from United Waste Services was present. Yard Waste Bags - Glewwe said that UWS would like to distribute the bags directly, instead of from Ace Hardware and Cub Foods, as is currently done. Council said the initial distribution of the bags was not satisfactory and that this new proposal should serve Oak Park Heights residents more efficiently. Glewwe said that he feels the new plan should work well; residents will need to call UWS by the Thursday prior to their Friday pick -up to receive up to 20 bags. Councilmember Beaudet said that he did not feel that 20 was an appropriate number of bags; residents should be able to get more bags at one time if they want to. Glewwe said that he thought the number was accurate based on figures received and calculated by UWS, and that residents can get 20 bags every week if they so desire. Beaudet then said that he had some concerns over the accuracy of UWS's garbage estimates, but Glewwe said • that he felt confident that two years of data had given him accurate information from which to base his estimates. Council then asked Glewwe how residents would be notified of the proposed changes. There were several ideas proposed, and it was agreed that a flyer would be put on the containers or current residents noting the change and that UWS would also include flyers in local publications to notify residents. Ace Hardware and Cub Foods will continue to have bags available for residents during the transition period. Commercial Pick -Up - There were some questions by the Council about the prices quoted for commercial pick -up in Oak Park Heights. Councilmember Swenson and Mayor Schaaf agreed to meet with UWS to try and find a compromise that would serve the commercial Oak Park Heights community while still being beneficial to UWS. Dumpster Prices - Councilmember Robert told Glewwe that the Council has received a number of complaints from residents about the price and availability of dump box prices. Glewwe said that residents need to specifically tell UWS when ordering a dump box that they are Oak Park Heights residents to receive a lower rate. Council then directed UWS to establish a reservation system for • Oak Park Heights residents due to the fact that UWS has a monopoly and Oak Park Heights residents should receive priority. II I 2 - Council Workshop Minutes 08 -19 -97 Council expressed dissatisfaction with the price of a 10 cubic yard clean load box. Councilmember Beaudet suggested that the price should be reduced from $190 to $180. Council agreed and directed UWS to make the change. Council then directed staff to distinguish between clean and dirty loads and list the price changes in the next City newsletter. There were some questions about whether the City is paying for carts still at some of the vacant lots in the MN /DOT area. Staff was instructed to provide a list to UWS of the houses in the MN /DOT area so those can be taken off the route list. Glewwe also proposed that the City may want to consider going to a sticker program rather than the current bag use. Glewwe said that the stickers would probably cost between $1.50 -$2.00 each. Bags currently cost between $1.60 -$2.00 each. Staff was directed to determine how many bags the City presently has and present figures to Council. Councilmember Turnquist, seconded by Swenson, moved to adjourn at 6:00 p.m. Carried 5 -0. 411 410 OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, AUGUST 12, 1997 Call to Order: The meeting was called to order at 7:05 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Engineer Caron, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following items were added to the agenda: 1)New policies with regard to waste disposal was added to New Business. 2) Scheduling a public hearing for Brackey West Utility assessments was added to New Business. Councilmember Turnquist, seconded by Swenson, moved to approve the agenda as amended. Carried 5 -0. Visitors: There were no visitors. Department Reports: Police - Nothing to report. Parks - Councilmember Robert reported that City has received a $10,000 grant from the Minnesota DNR for prairie restoration. Last Thursday the Bayport Fire Department did a burn in Valley View Park and the Tree Trust has worked cutting down certain • trees. Councilmember Robert thanked the two groups for their work. Party in the Park - Administrative Intern Mesko reported on the Party in the Park. She reported that the event was successful and that the new children's events were particularly well received. The Council and Administrator Robertson thanked Mesko for coordinating the event and congratulated her on a job well done. Administration - Administrator Robertson requested that a strategic planning meeting with Bayport be approved for Monday, September 29 at 7:00 at Oak Park Heights City Hall. Councilmember Beaudet, seconded by Robert, moved to approve the meeting at said time and location. Carried 5 -0. Cable - Councilmember Turnquist reported that the Cable Commission is in the process of developing a phone survey to get resident input regarding the new cable franchise. Turnquist said questions will include why residents do or do not subscribe to cable, any technology they would like to see available by the cable company, and any suggestions about the use and programming of the local access channels. Turnquist also said that there will be a public hearing in September and all residents are encouraged to attend and provide comments. Turnquist also requested that residents try to participate in this process so • that the Cable Commission will have an accurate gauge of resident priorities when the franchise is being negotiated. Page 2 - City Council Minutes 08/12/97 Water Management Organizations - Councilmember Beaudet reported that the Middle St. Croix WMO will meet September 24 at 7:00 p.m. at Bayport City Hall. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Sally Knutson of 14315 56th Street North. Oak Park Heights Business Group - The next meeting will be on September 10, 1997. Bridge Report - Nothing to report. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - July 22, 1997 3. Set Public Hearing for August 26, 1997 - Request for a Variance from the side and front yard setback to construct a garage - Sandra Boettcher, 5857 Olinda Avenue North. 4. Resolution 97 -08 -29 - A Resolution Authorizing Application for a Metropolitan Council Planning Assistance Grant • 5. Police Equipment Grant Request Councilmember Beaudet requested pulling the July 22, 1997 minutes off the agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda as amended. Carried 5 -0. Councilmember Beaudet noted that the price of the Procolor bill was $1,508.69. He also requested the minutes be amended to read, "Councilmember Beaudet said that he thought he would be reimbursed by the City's lobbyist on the proposed bridge because the photos were used on behalf of the City as part of a presentation on the bridge." Councilmember Turnquist, seconded by Robert, moved to approve the minutes with changes. Carried 5 -0. Public Hearings: Request for a Variance - Construct a Screen Porch on an Existing Deck - Pamela Sanderson - 14010 54th Street - Mayor Schaaf opened the hearing at 7:31. With no one wishing to speak on the proposed variance, Councilmember Turnquist, seconded by Swenson, moved to close the public hearing at 7:32. Carried 5 -0. Councilmember Swenson, seconded by Robert, moved to approve the variance. Carried 4 -1, Councilmember Beaudet opposed. • ISO Page 3 - City Council Minutes 08/12/97 Request for General Planned Unit Development Approval - Oppidan Inv -s m- •r.•r. i.n - O.k Park Pon. h••.in• C -nter Phas- II - Mayor Schaaf opened the Public Hearing at 7:35. City Planner Richards reviewed his report. He said that Oppidan is requesting General Planned Unit Development approval for Phase II of the Oak Park Ponds Shopping Center which includes a Hollywood Video store, the Bayport State Bank building, and 10,150 square feet of the 18,250 square feet of the retail center. There were some issues that Richards outlined for the Council for their consideration. They were: A) The landscaping plan is ineffective as a visual screen and should provide more plantings. B) The architectural appearance of the building colors on the Hollywood Video Store. C) The request for signage on 3 sides of the Hollywood Video would require a variance; the ordinance currently only allows 2 sides to be signed. D) Sight distance problems around the back of the retail center could cause safety concerns. E) The vehicle stacking requirements for the drive thru window of the bank. Keith Ulstad of Oppidan and Alan Kretman of HKS Associates were present to answer any questions. Regarding the landscape plan, Kretman said that his goal is to provide adequate screening of the property while maintaining some visual access to the businesses, and allowing some paths for snow removal. Council directed Kretman to work with Richards to provide more landscaping on the site. Regarding the Hollywood Video building, Kretman indicated that Hollywood Video has altered their proposal to sign only 2 sides of the building, thereby staying within ordinance requirements. Council had no objection to the appearance of the building. Regarding the sight distance on the back of the retail center Kretman agreed to look at making some changes in that area. Council directed Kretman to work with Richards on those changes. Ronald Berg and Rick Keeler of Bayport State Bank discussed the proposed bank design with the Council. Richards stated that he felt that there was not adequate car stacking room in the proposal to safely accommodate the drive thru portion of the bank. Richards noted that the bank could meet City stacking requirements but they would be stacking cars through a parking area, which would make it difficult for cars to exit the parking area. • Page 4 - City Council Minutes 08/12/97 Berg noted that the parking area would be for employee parking and that he did not think there would be any problems with stacking. Council indicated that if problems developed with stacking that it would be the bank's problem to fix. Berg said that the bank would look at the stacking issue and Council agreed to add a Condition 13 onto Richards' report stating that any proposal is subject to the review and approval by the Council and staff. Hearing no further comments Councilmember Swenson, seconded by Turnquist, moved to close the Public Hearing at 8:25. Carried 5- 0. Councilmember Swenson, seconded by Robert, moved to approve the General Development Plan: Phase II with conditions outlined in the City Planner's report and the City Council. Carried 5 -0. Proposed Ordinance 97- 401 -03 - An Ordinance Establishing a 120 Day Moratorium Affecting Manufactured Housing Location Within the i •f O -k P -r. -i•h s P- •in• t d -nd Amen•ment t• th- City Ordinances - Mayor Schaaf opened the Public Hearing at 8:29. Hearing no comments Councilmember Turnquist moved, seconded by Swenson, to close the Public Hearing at 8:30. Carried 5 -0. Councilmember Turnquist, seconded by Swenson, moved to approve . the proposed ordinance. Carried 5 -0. Continuation of Public Hearing Proposed Zoning Ordinance Amendment - Councilmember Swenson, seconded by Turnquist, moved to continue this hearing until next Council meeting. Carried 5- 0. Unfinished Business: New Business: Approval of Snow Plowing Contract 1997 -1999 - Mike Raleigh of Raleigh Trucking submitted the only bid for the project. Councilmember Beaudet, seconded by Turnquist, moved to approve the proposed snow plow bid on a two year contract. Carried 5 -0. Staff was directed to examine moving street signs on 58th Street back off the street so Raleigh's equipment does not hit the signs while plowing. Raleigh also requested that some boulevard trees be trimmed higher so that the plows did not hit them. Approval of Plans & Specifications - Brackey West Utilities - Councilmember Turnquist, seconded by Swenson, moved to approve the plans and specifications as presented and to advertise for bids on September 11. Carried 5 -0. 111 41/ Page 5 - City Council Minutes 08/12/97 Resolution 97 -08 -30 - A Resolution Receiving Preliminary Report and -llin• f•r a Pu•li H -.rin• •n Bra k- We t S illw_t F•r• Utility Improvements of 1997 - Councilmember Turnquist, seconded by Swenson, moved to approve Resolution 97- 08 -30, setting a public hearing for Tuesday, September 9, 1997 at 7:30 at City Hall. Carried 5 -0. Joint Powers Agreement - Coalition of Utility Cities - Councilmember Turnquist said that he, Mayor Schaaf, and Administrator Robertson have been attending meetings with NSP to try to reach some sort of agreement about the property tax issue. He stated that he did not know if an agreement could be reached with NSP. Councilmember Turnquist urged approval of the Joint Powers Agreement because utility communities will have to work together at the State Legislature in 1998 to prevent loss of the personal property tax. Robertson said that the payment breakdown for this agreement is organized in such a way that those cities with the most to lose will contribute the most, with details to be established by an executive committee. Robertson also noted that Oak Park Heights' share is $4,192. Councilmember Robert, seconded by Swenson, moved to approve the Joint Powers Agreement. Carried 5 -0. • Proposed Ordinance 97- 1204 -02 - An Ordinance Repealing Section 1204.07. Subdivision 3 of Chapter 1204 - To Remove the Minimum Distance Requirement for a Wine License - City Attorney Vierling said that this ordinance requirement only addresses wine, not beer or hard liquor, and that it does not seem to make much sense to differentiate among the three. Councilmember Swenson, seconded by Beaudet, moved to repeal the proposed ordinance. Carried 5 -0. Community Volunteer Service Grant Request - Councilmember Robert, seconded by Beaudet, moved to approve the $1,000 grant. Carried 5 -0. Discussion of Washington County Manning Avenue Corridor Study - There was discussion about which plan would best serve Oak Park Heights and those that use Manning Avenue. Councilmember Robert, seconded by Turnquist, moved to direct staff to draft a letter to the County Board advocating the following positions: 1) No -Build option for Manning because other county roads should have higher priority; 2) Move the linear park on Manning Avenue to Highway 5 between State Highways 36 & 5; 3) Preserve the right -of -way for a future intersection of Manning, 40th Street, and State Highway 5. • Carried 5 -0. Page 6 - City Council Minutes 08/12/97 Youth Service Bureau Grant Request - Councilmember Swenson said that he felt that a community cannot ask for a much better community service group than the YSB. Councilmember Robert agreed and said she appreciated how the YSB uses a fair share formula to determine the requests from local governments. Councilmember Swenson, seconded by Robert, moved to approve the $6,522 grant request. Carried 5 -0. United Waste Systems (UWS) Drop Box Prices - Councilmember Swenson noted that at the workshop prior to the Council meeting, Council had directed UWS to reduce its 10 cubic yard clean fill price from $190 to $180. Council also directed UWS to accept reservations from Oak Park Heights residents for dump boxes on the grounds that UWS has a monopoly in the city and Oak Park Heights residents should have first priority. Residents were also reminded to tell UWS that they are Oak Park Heights residents in order to receive special rates. Council then clarified the differences between clean and dirty garbage loads. Councilmember Robert, seconded by Schaaf, moved to approve the above changes to the garbage contract. Carried 5 -0. The resignation of City Engineer Carol Caron - Caron informed the 411 Council that she has accepted a position at an engineering firm in Mankato and that her last day with Bonestroo, Anderlik and Associates will be on Thursday, August 21, 1997. Council thanked Caron for all the work she has done for the City and wished her good luck in her new position. Closed Session: Councilmember Turnquist, seconded by Swenson, moved to adjourn to closed session to discuss union negotiations and potential litigation at 9:37 PM. Carried 5 -0. Adjournment: Councilmember Turnquist, seconded by Swenson, moved to adjourn at 10:10 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 411 OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES, TUESDAY, JULY 22, 1997 Call to Order: The meeting was called to order at 4:35 by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Turnquist and Swenson. Staff Present: City Administrator Robertson, Finance Director /Deputy Clerk Hoist, and Administrative Intern Mesko. Discussion of Capital Improvements Program - After considerable discussion, Council directed staff to add the following items to the Capital Improvements Program (CIP). 1. Change "Public Improvements" to "Street Improvements." 2. Separate Furniture and Office Equipment into separate lines for the Administration Department. 3. Add a sub category under Storm Sewer for each watershed. 4. Eliminate the expenditure for a new tractor /mower and look into costs of contracting for grass cutting. 5. Add $50,000 for 1998 and $15,000 for following years to account for the community hockey facility that has been proposed. The Council had agreed to contribute to the project but will not do so without an update on the status of the proposal. Council directed staff to work on the following items. 1. Obtain cost estimates for replacement of the City Hall roof as well as renovation cost estimates for Council chambers and the • entire City Hall. Obtain cost estimates for an awning over the front door. 2. Obtain cost estimates for a new police radio system and a new county -wide police training facility. 3. Calculate the useful life budget for the Police Department's new computer system. 4. Obtain cost estimates for a new dump truck larger than 1 % ton to be used for minor plowing and sanding. 5. Provide the recommended levels of street maintenance activities as part of the street reconstruction report. 6. Check out hooking into the Internet /World Wide Web for access to State of Minnesota information posted there. 7. Have the Park Commission review the possibility of eliminating the tennis courts at Swager Park due to the ability to use the courts at the High School. Council set another CIP Workshop for Wednesday, August 6 at 4:30 p.m. Council adjourned at 6:20 p.m. Respectfully submitted, Michael Robertson City Administrator • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JULY 22, 1997 Call to Order: The meeting was called to order at 7:05 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Engineer Caron, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following items were added to the agenda: 1) A letter from the MN Dept of Revenue demanding the revocation of Doyle's Bowling Center and Pub was added to New Business. 2) Scheduling a public hearing for a Home Occupation Permit for Mary Stenfors of 5323 O'Brien Avenue North was added to the Consent Agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the agenda as amended. Carried 5 -0. Visitors: Nance Anders - River Valley Arts Council - Ms. Anders spoke to the Council about the work that the arts council has been sponsoring in its five year existence. She noted that their goal is to get different art programs out into the community. Councilmember Beaudet noted that former Mayor Barbara O'Neal had always spoken highly of the arts council, and that the money was . in the 1997 budget for River Valley's request. Councilmember • Turnquist, seconded by Beaudet, moved to approve a grant of $1,000 for the River Valley Arts Council. Carried 5 -0. Department Reports: Police - Nothing to report. Parks - Councilmember Swenson said that he has tried to contact NSP about replacing the land at the entrance of Valley View Park which was torn up by NSP when they installed new gas lines, but that he has had no success. Administrator Robertson noted that NSP has promised several times to repair the area but has done nothing. Council then directed staff send a letter to NSP requesting that they replace the land to the condition in which they found it. Administration - Administrator Robertson said that there will be a ground breaking ceremony for the Oak Park Ponds Shopping Center on Wednesday, July 30 at 10:00 a.m. Cable - Councilmember Turnquist said that there will be a workshop on Wednesday, July 23 about the next franchise agreement. He welcomed any suggestions as to what the next franchise should include. Page 2 - City Council Minutes 07/22/97 Water Management Organizations - Councilmember Beaudet reported that the WMO met July 16 to discuss the Perro Creek Study. He said that alternatives that Oak Park Heights had suggested had not been considered. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Jay Peterson of 14522 55th Street North. Oak Park Heights Business Group - The next meeting will be on September 10, 1997. Bridge Report - Nothing to report. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - July 8, 1997 3. Set Public Hearing for August 26, 1997 - Request for a Home Occupation Permit for a beauty salon - Mary Stenfors, 5323 O'Brien Avenue North. Councilmember Swenson, seconded by Beaudet, moved to approve the Consent Agenda. Carried 5 -0. Public Hearings: Proposed Zoning Ordinance Amendment - Mayor Schaaf opened the public hearing at 7:35 p.m. City Planner Richards outlined to the Council the changes that had been proposed by staff for the Zoning Ordinance. There were several changes: (1) Extension of the development review period from 60 to 120 days. Council agreed with this change. (2) The addition of lighting requirements to the ordinance. (3) Requirement for driveways to be made of bituminous material. (4) Boat and Recreational Vehicle setback requirements. There was discussion about the lighting requirements. City Attorney Vierling said that any plan approved before this point will be grandfathered into the new ordinance. Council looked over the study done regarding lighting violations and directed staff to prepare findings to be distributed to City businesses on how they could come into compliance with the City lighting ordinance in an inexpensive manner. There was considerable discussion about the requirement to pave driveways and parking pads. Staff indicated that this was suggested for aesthetic and practical reasons. City Engineer Anderlik was directed to develop "practical standards" for the use and maintenance for crushed rock parking pads. Page 3 - City Council Minutes 07/22/97 411 There was also considerable discussion about what kind of requirements the City should establish for the outside storage of recreational vehicles and boats. Council debated how far back from the curb or the property line such items should be stored. Council was in consensus to set a (7) seven foot setback from the curb for recreational vehicles. Richards was directed to prepare a more thorough definition of the types of equipment that Council wished to regulate. Council reviewed the proposal regarding a requirement that all new construction homes have a covered two car garage. Staff indicated that this was proposed to prevent a homeowner from not having enough room to park all their cars. Council agreed with this change. Richards noted that he changed language in the ordinance to allow for Home Occupation Permits in a detached accessory garage through a Special Home Occupation License. This would give the Council flexibility in issuing a permit which would allow home occupations in a dwelling other than the primary building. Richards explained recent changes to State laws regarding manufactured housing. He said that a city is required to have a portion of its land available for that use. Richards noted that Oak Park Heights has adequate standards to provide that any 411 manufactured housing is of sufficient quality to ensure that it will fit in with the other housing in Oak Park Heights. City Attorney Vierling was directed to draft a notice of a city moratorium regarding manufactured housing in order to allow the Council to review and change the city ordinance to bring it in compliance with State law. Councilmember Turnquist, seconded by Swenson, moved at 8:30 p.m. to continue the public hearing to the next Council meeting. Carried 5 -0. Unfinished Business: Annexation Report - City Planner Richards presented the revised report to the Council. He outlined the major points to the Council. (1) Oak Park Heights has not initiated the annexation petition; it is responding to a request by over 20% of the landowners of said property to annex the land into Oak Park Heights. (2) Oak Park Heights is a logical city to support this kind of development, being the nearest City that can provide urban level services. (3) The soil of said property is not ideal for septic systems, therefore utility access is logical, which Oak Park Heights 110 can provide. Page 4 - City Council Minutes 07/22/97 • (4) The tax impact on the areas remaining in Baytown Township would not be significant, according to Richards. Richards noted that Oak Park Heights does not make the final decision as to whether this portion of Baytown Township will be annexed into Oak Park Heights. That decision is made by the State Municipal Board. City Attorney Vierling reviewed the annexation process, indicating that a contested annexation such as this will take several months to come to a resolution by the Municipal Board. City Engineer Anderlik stated that sewer and water services could be provided to the proposed annexation area at costs similar to other suburban areas in the Twin Cities. Anderlik noted that the properties being annexed will be charged connection fees for sewer and water utilities, therefore there will be no additional charge to current City residents and businesses. Administrator Robertson noted that he had received a letter from Baytown Planning Commission Chair Debra Foley objecting to the proposed annexation on Monday which had been passed on to the Council. He also indicated that he had received a letter from the Magnuson Law Firm, the Township's attorney Tuesday afternoon expressing Baytown Township's objection to the annexation and that the City Council had not had a chance to review that letter • before the Council meeting. Resolution 97- 07 -26, A Resolution Supporting the Proposed Annexation - Councilmember Robert, seconded by Beaudet, moved to adopt Resolution 97- 07 -26. Carried 4 -1, Councilmember Swenson voting against. New Business: _Association of Small Cities Conference - Budgeting Information - Council noted receipt of the requested information from Administrator Robertson. Councilmember Turnquist said that he would not be attending the conference because the meeting with NSP was that day and he thought that was a more important issue. Party in the Park Update - Administrative Intern Mesko updated the Council on the Party in the Park to be held on Sunday, August 10 from 1 -3 p.m. at Brekke Park. There was discussion about what type of prizes would be given away and what type of activities would be held. Council directed Mesko to distribute fliers to local businesses the week before the party to spread the word. The Council also decided to table the issue of renaming Swager Park until after the park improvements have been made. 410 Page 5 - City Council Minutes 07/22/97 • MNDOT Purchase Area - Councilmember Swenson reported that the area in lower Oak Park Heights that has been cleared out by MNDOT has not been maintained and that it looks terrible. Staff was directed to contact MNDOT and request that they clean up this area and provide Oak Park Heights with a map indicating the structures remaining in that location and their status. Water Chlorination - City Engineers Anderlik and Caron recommended that the Council authorize the water chlorination equipment to be started permanently in August. There was discussion about the pros and cons of turning the system on. Staff was directed to find out how much the chlorine costs for one year and to put a survey in the winter newsletter so residents can express their opinions about chlorination. Council decided to postpone the decision until next summer. Reimbursement of Procolor Bill - S1,508.69 - Councilmember Beaudet - Councilmember Turnquist objected to the requested reimbursement because it was not authorized by the Council. Councilmember Beaudet said that he thought he would be reimbursed by the City's lobbyist on the proposed bridge because the photos were used as part of a presentation on the bridge on behalf of the City. Administrator Robertson said that there was approximately $7,800 remaining of the $15,000 the Council had authorized for lobbying on the City's bridge position. Councilmember Turnquist, seconded by Schaaf, moved to reimburse Councilmember Beaudet for the pictures with money to be taken from the fund established for the bridge lobbying effort and with the understanding that this is not setting a precedent for Councilmembers to make unauthorized expenditures in the future. Carried 5 -0. Authorization for Mayor Schaaf to Attend Meeting in Washington D.C. regarding the Proposed St. Croix River Bridge - Mayor Schaaf stated that he wanted to go to Washington D.C. to speak at a meeting of area legislators that was organized by the Congressman Bill Luthor. Mayor Schaaf noted that Stillwater Mayor Jay Kimble was going to Washington D.C. to attend another meeting of area legislators to present the "pro bridge" side and to lobby for an exemption for the prosed bridge from the United states Wild and Scenic Rivers Act. Mayor Schaaf wanted to attend a meeting to lobby against such an exemption for the proposed bridge. Mayor Schaaf noted that the cost would be approximately $1,100 for his airline ticket plus one night at a hotel. There was considerable discussion of this issue. Councilmember Robert said that she thought the meeting should be held in Minnesota or Wisconsin since that is where the bridge is proposed to be built and where the controversy is located. She objected to the cost of the trip. Councilmember Swenson also objected to the cost. Page 6 - City Council Minutes 07/22/97 Councilmember Turnquist, seconded by Beaudet, moved to authorize Mayor Schaaf to attend the Washington D.C. meeting with funds to be taken out of the lobbying fund established for this project. Carried 3 -2, with Robert and Swenson voting against. R- .1 i.n •7 -17 -27 - A Re .1 ion o •••rt h- Wil. . Sceni Rivers Act and to Protect it from Being Amended in Congress - Councilmember Beaudet proposed this resolution to indicate the City's support for the Wild and Scenic Rivers Act. Councilmember Swenson objected to open ended nature of the resolution, and said that costs should not exceed the remainder of the original $15,000 set aside for lobbying. Councilmember Beaudet said that he was willing to authorize an additional $15,000 for lobbying on this issue. Councilmember Swenson indicated that he was also upset that he had not been informed of any meetings on this issue and had not received any minutes of these meetings. Mayor Schaaf said that meetings on this issue could not be public or the City would be giving away its strategies on the various lawsuits surrounding the proposed bridge. City Attorney Vierling noted that since the City was in litigation that any meetings about the litigation could be closed and that written minutes would be privileged. Council was in consensus to amend the resolution so that preparation of documents and exhibits for the United States Congress on this issue would be limited in cost to less than $2,000. Council was in consensus to amend the resolution so that the City of Oak Park Heights would retain the firm of O'Connor Hannan for lobbying purposes if and when there is any legislation proposed to exempt the proposed New St. Croix River Bridge project from the Wild & Scenic Rivers Act. Councilmembers Turnquist and Swenson objected to a part of the resolution which said that the Mayor would appoint a two person committee to oversee any expenditures on this matter, and said that they thought the entire Council should appoint any subcommittee. Councilmember Beaudet, seconded by Schaaf, moved to approve the resolution as amended. Carried 5 -0. Councilmember Beaudet, seconded by Schaaf, moved to appoint Mayor Schaaf and Councilmember Turnquist to the subcommittee. Administrator Robertson was instructed to not pay any bills submitted on this issue without approval of the subcommittee. Page 7 - City Council Minutes 07/22/97 Resolution 97 -07 -28 - A Resolution Revoking Doyle's Bowling Center & Pub's Liquor License - City Attorney Vierling said that the City had received a notice from the Department of Revenue mandating the revocation of said liquor license by Oak Park Heights due to Doyle's default tax status. Vierling said that this is a state mandate and that Oak Park Heights does not need to hold a hearing. Councilmember Swenson, seconded by Beaudet, moved to approve Resolution 97- 07 -28, a resolution revoking the liquor license of Doyle's Bowling Center & Pub. Carried 5 -0. Closed Session: Mayor Schaaf adjourned the meeting to closed session to discuss union negotiations and personnel issues at 10:37 PM. Carried 5 -0. Union Negotiation Workshop - After reconvening from closed session, Councilmember Swenson, seconded by Turnquist, moved to set a workshop Wednesday, August 6, 1997 at 7:30 p.m. to discuss the proposed AFSCME Union contract. Carried 5 -0. Adjournment: Councilmember Swenson, seconded by Beaudet, moved to adjourn at 10:55 p.m. Carried 5 -0. Respectfully submitted, /7; Mi chael Robertson City Administrator • • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JULY 8, 1997 Call to Order: The meeting was called to order at 7:07 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Caron, City Planner Richards, and Administrative Intern Mesko. Approval of Agenda: The following items were added to the agenda: 1) Reimbursement request by Councilmember Beaudet for pictures taken of the bridge, 2) New date to be set for a tour of the NSP ash pit, and 3) Establishing a date for a Council budget workshop. Councilmember Swenson, seconded by Robert, moved to approve the agenda as amended. Carried 5 -0. Visitors: There were no visitors. Department Reports: Police - Administrator Robertson reported that Chief Swenson was requesting authorization from the Council to apply for the Safe and Sober Grant. Robertson noted that the City has been given the grant the past two years and recommended approval of Chief Swanson's request. • Parks - Councilmember Robert reported that the Garden Committee will be meeting at Cover Park on Thursday, July 10, at 6:00 p.m. She also reported that the Parks Commission will meet next Tuesday, July 15, at 6:30 p.m. at City Hall, Robert noted that the Parks Commission requested at its June 17 meeting that the 58th Street trail improvement cost be allocated to the 58th Street Improvement Fund instead of from the Parks Commission budget. Robert said that since the City Council, not the Parks Commission, had approved the expenditure, the expense should not come from the Parks Commission. Councilmember Robert then moved to have the 58th Street Trail cost come out of the 58th Street Improvement Fund, seconded by Mayor Schaaf. Carried 4 -1, with Councilmember Turnquist voting against on the grounds that the item was not on the agenda and that he had received no information about it. Councilmember Robert also noted that the Summer Stretch Group would be working in Brekke and Cover Parks this week cutting trees and weeding. Robert indicated that on Saturday the Youth Service Bureau would be doing the safety material expansion that the Council had approved at its June 24 meeting. • 41 1 Page 2 - City Council Minutes 07/08/97 Administration - Administrator Robertson updated the Council on the times and dates that Jim Brimeyer is available for strategic planning. Councilmember Swenson, seconded by Turnquist moved to approve Thursday, July 24 at 4:30 p.m. for a meeting with Brimeyer. Cable - Nothing to report. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet July 16 at 7:00 at the Bayport City Hall to discuss Perro Creek flooding. There was discussion about the proposed outlet for Perro Creek. Councilmember Beaudet, seconded by Robert, moved to direct staff to write a letter to the Water Management Organization regarding the issues discussed and Oak Park Heights' concern about the proposed project. Carried 5 -0. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Mary Britten of 14496 55th Street North. Oak Park Heights Business Group - Councilmember Robert noted 411 that the business group will be meeting on September 10. Bridge Report -City Attorney Vierling said that the second round of briefs has been submitted by the DNR and that the Council has received the response briefs to review. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - June 24, 1997 3. Set Public Hearing - Variance to put a screen porch on existing deck - Pamela Sanderson - August 12, 1997, 7:30 p.m. 4. Approve excess liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and waive the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the excess liability coverage obtained by LMCIT. 5. Set Public Hearing - General Planned Unit Development Approval - Phase II - Oak Park Ponds Shopping Center - August 12, 1997, 7:30. 6. Request from Councilmember Beaudet for reimbursement for bridge photos. Councilmember Turnquist requested pulling item 6 from the Consent Agenda. Councilmember Robert requested pulling item 2 from the Consent Agenda. Councilmember Turnquist, seconded by Swenson, moved approval of the remainder of the Consent Agenda. Carried . 5 -0. Page 3 - City Council Minutes 07/08/97 2. Minutes - Councilmember Robert moved that the phrase "was opened" be stricken from page 5, line 2 of the June 24 minutes on the grounds that it is redundant. Councilmember Swenson seconded, carried 5 -0. Councilmember Robert, seconded by Swenson, moved to approve the minutes as amended. Carried 5 -0. 6. Councilmember Beaudet's Request for Reimbursement - This item was tabled until next Council meeting to obtain more information. Public Hearings: There were no public hearings. Unfinished Business: Annexation Report - City Planner Richards summarized the report prepared by Northwest Area Consultants regarding the proposed annexation of the Screaton and Kerns Center land. He said that the report addresses the issues required by state statutes. Richards also said that as far as government services to this area are concerned, Oak Park Heights is the only logical choice to provide these services because Lake Elmo is unable to do so. Richards also noted that while Oak Park Heights will not be able to provide the entire annexation area with sewer and water 111 immediately, it will be able to do so in the future. Mayor Schaaf and Councilmember Robert both noted the increased benefits to the annexed areas of the higher level of services that would be provided to those residents. There was discussion about service costs and tax rates. Councilmember Swenson, seconded by Beaudet, moved to table the issue until the next Council meeting so that Richards could address some of the issues that were raised and amend the study. Carried 5 -0. Strategic Planning Retreat - Mayor Schaaf requested that the Council meet on a Saturday this fall to do some strategic planning. Councilmembers Turnquist and Robert said that they felt that there should be some type of facilitator there to ensure that the Council stays focused. Councilmember Swenson, seconded by Beaudet, moved to schedule a strategic planning retreat for Saturday, September 27 at 9:00 a.m. at a site to be determined in the future. Carried 5 -0. New Business: Resolution 97 -07 -25 - Resolution Authorizing the Oak Park Heights Police Department to Make Application in Conjunction With the Forest Lake Police Department to the Minnesota Department of Public Safety Office of Traffic Safety for Enrollment Within the Safe and Sober Community Project for the Period of Time of October 1, 1997 Through September 30, 1998. Councilmember 110 Turnquist, seconded by Swenson, moved to approve Resolution 97- 07-25. Carried 5 -0. Page 4 - City Council Minutes 07/08/97 Council Agenda Item Acceptance Policy - Council discussed a policy regarding when items can be added to the Council agenda packet. There are three components of the policy: an initial Friday noon cutoff date; any items received between Friday noon and Monday noon need a simple majority vote by the Council to be added to the agenda; and after noon Monday, anything to be added to the agenda requires a super majority vote by the Council. No items added can require any written staff reports. Any staff, consultant, or commission items requiring a vote must be listed under new business. Councilmember Turnquist, seconded by Schaaf, moved to approve the above policy. Carried 5 -0. Minnesota Association of Small Cities Conference - Administrator Robertson asked if any Councilmember would be interested in attending the conference in late July. Mayor Schaaf, seconded by Beaudet, moved to approve authorization of funding for any Councilmember who wishes to attend. Carried 5 -0. Robertson was directed to place this item on the next meeting agenda and provide information as to where the funding for this conference would come from. 1998 Preliminary Budget - Administrator Robertson asked the Council for direction regarding how the 1998 budget should be organized. Councilmember Turnquist said that he felt the City Administrator should present a preliminary budget for Council review. Council was in consensus that if department heads disagreed with the proposed budget they could express their thoughts to Council. Councilmember Robert said that she felt that staff should be given initial direction from the Council about what was expected by the Council. Council then directed staff to prepare a preliminary budget with a no more than a 3% increase in expenditures over 1997 for 1998. There was discussion about next year's tax capacity and the effect that NSP's possible decrease in their tax valuation will have on Oak Park Heights. Councilmember Swenson, seconded by Schaaf, moved to set a budget workshop for Tuesday, July 29, at 6:15 p.m. Carried 5 -0. 411 III Page 5 - City Council Minutes 07/08/97 Union Contract Negotiations - This issue was added to the end of the July 22 Council meeting. NSP Ash Pit Tour - Staff was directed to set up a meeting at 3:15 on Thursday, July 24 for a tour, with a backup date to be Tuesday, July 29. Adjournment: Councilmember Beaudet, seconded by Swenson, moved to adjourn at 8:05 PM. Carried 5 -0. Respectfully submitted, 0 27, . *- -.° Michael Robertson City Administrator OAK PARK HEIGHTS • CITY COUNCIL MINUTES, TUESDAY, JUNE 24, 1997 Call to Order: The meeting was called to order at 7:04 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, Police Chief Swanson and Administrative Intern Mesko. Approval of Agenda: The following items were added to the agenda: 1) an application for Oak Park Ponds Phase II Development project; 2) a letter from James Vidana's attorney regarding the denial of a garage variance by the Council. Councilmember Swenson, seconded by Beaudet, moved to approve the agenda as amended. Carried 5 -0. Visitors: Ken Kaiser, City Tree Inspector - Ken Kaiser discussed the bids received for 99 boulevard trees that will be planted this year. He stated that the trees would be a mix of red maple, sugar maple, linden, honey locust, and hackberry. He also told the Council that he would like to plant some red oaks next year. Kaiser noted that he has since found a few more trees that need to be replaced, and that he may find more as the summer goes on. Councilmember Robert, seconded by Beaudet, moved to accept the bid from Abrahamson Nurseries for $10,732.84 plus the costs for replacing any additional trees that need to be replaced. Carried 5 - 0. Mark Doneaux - Report on Brown's Creek Development Moratorium - Mark Doneaux, a water resource specialist, was present to explain that Washington County is asking for a moratorium on development in the Browns Creek Watershed until a study is completed. He stated that the Watershed District needs to amend the watershed plan to account for future development. Doneaux indicated that this process will take about a year, and that is why the County has asked for a one year moratorium. Councilmember Robert objected to Doneaux's suggestion that Oak Park Heights probably would generate the most new impervious surface if development continued without a moratorium. She noted that a lot of homes are being built in the township areas and that those homes have roofs and driveways which add to the impervious surface in the watershed. She noted that Oak Park Heights occupies a very small portion of the watershed, and therefore has a very small effect on the watershed. Mayor Schaaf said that the City of Grant makes up the majority of the watershed and that he would not favor any action by the City of Oak Park Heights until he knew what action Grant would take. Page 2 - City Council Minutes 06/24/97 Department Reports: Police - Police Chief Swanson noted that he was requesting Council support for an application to the United States government for a grant for partial funding for an additional police officer. Swanson stated that Oak Park Heights will need another officer in the near future and noted that the federal grant that would pay up to 50% of the costs for a new officer for the first three years. Swanson said that having a new officer would allow him to send officers to more training which he does not do now due to the increased overtime costs when other officers cover their shifts. Councilmember Turnquist, seconded by Swenson, moved to authorize Chief Swanson to apply for the grant. Carried 5 -0. Councilmember Swenson commented on the success of the City's bike helmet program for children; he said that he saw children that would not wear a helmet before the program wearing one in order to get free shoelaces that the Police Department was handing out. Parks - Councilmember Robert thanked Dan Pepper and the Youth Service Bureau for picking up trash in the parks. She stated that the Parks Commission wants to use the money from the Garden Committee's garden sale to buy material to expand the safety material around the playgrounds at Swager and Cover Parks. • Councilmember Robert moved, seconded by Beaudet, to use the money from the Garden Committee's garden sale to buy safety material for Swager and Cover Parks. Carried 5 -0. Administration - Administrator Robertson reported that Oak Park Heights has broken its record for water pumped in one day. The previous record was one million gallons, the new record was 1.4 million gallons. Robertson also noted that while Oak Park Heights has an adequate water supply the City does have an odd /even watering ban in order to help reduce peaks in usage. 1998 Legislative Policy Committees - Councilmembers Turnquist and Robert noted that they had signed up for the Association of Metropolitan Municipalities revenue committee. Councilmember Beaudet said that he was willing to serve on a League of Minnesota Cities committee. Cable - Councilmember Turnquist reported that the Cable Commission discussed negotiating the next franchise agreement. Water Management Organization - Councilmember Beaudet reported that the Middle St. Croix Water Management Organization will meet June 25, 1997 at 7:00 at the Bayport City Hall to discuss the Perro Creek Study. 410 Page 3 - City Council Minutes 06/24/97 111 Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is David Smith at 5347 Ojibway North. Bridge Report - City Attorney Vierling said that he has not heard anything new about the federal lawsuit. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - June 10, 1997 3. 1997 Memorandum of Agreement - Curbside Recycling 4. Set Public Hearing - General Planned Unit Development Approval - Phase II - Oak Park Ponds Shopping Center - July 22, 1997, 7:30 p.m. Councilmember Turnquist, seconded by Swenson, moved to pull items two and four from the Consent Agenda. Carried 5 -0. June 10, 1997 Minutes - Councilmember Robert noted that the date on a newspaper clipping regarding Club Tara should be changed from April 1, 1991 to April 1, 1997. Councilmember Swenson, seconded by Robert, moved to approve the minutes as amended. Carried 5 -0. • Oak Park Ponds Application - Councilmember Robert said that she did not think that the application looked complete. Administrator Robertson agreed and noted that while a site plan for the west half of the property was brought to City Hall today, City Planner Richards has not looked at it and that it has changed since Council approved the initial site plan for the east half of the property. The council was in consensus to instruct Robertson to return the application as incomplete. Public Hearings: Proposed Vacation of Holcombe Street - Mayor Schaaf opened the public hearing at 7:42 p.m. City Planner Richards said that he had spoken with Community Development Director Steve Russell of Stillwater and was told that Stillwater would like to retain the Holcombe Street right -of -way because they would like to keep its options open regarding the future development of that area. Stillwater would like to reserve the option of extending Shelton Avenue east to Osgood Avenue and the option of having Holcombe as a north -south connector between Shelton and 60th Street. With no visitors present to speak on the issue, Councilmember Swenson, seconded by Turnquist, moved to close the public hearing at 7:46. Carried 5 -0. • Page 4 - City Council Minutes 06/24/97 Councilmember Beaudet expressed his concerns with the vacation, stating that if the City ever decided it needed Holcombe Street, it would necessitate buying the land and moving a stormwater pond. He also felt that the City should keep its options open as Stillwater is doing. Councilmember Robert agreed with Councilmember Beaudet regarding future traffic concerns and how they will be handled if the City vacates Holcombe. City Engineer Anderlik stated that if Holcombe is ever developed as a street Oak Park Heights will have to pay half of the costs for doing so and will not be able to assess landowners because the City will be unable to prove benefit to those landowners. Anderlik also stated that an east /west connecting street is a much greater need in the area than a north /south connection. Councilmember Swenson, seconded by Turnquist, moved to adopt Resolution 97- 06 -24, A Resolution Approving the Vacation of Holcombe Street, following the City Planner's recommendation to vacate between 60th Street and the north line Lot 3, retaining a utility and trail easements. Carried 4 -1 with Councilmember Beaudet opposing. Home Occupation Permit - James Bonse - 14775 Upper 55th Street - Mayor Schaaf opened the public hearing at 8:05 p.m. James Bonse spoke before the Council requesting a Special Home Occupation • Permit to operate a boat repair business in his garage. Bonse explained that he spent 90% of his time at various marinas repairing boats and that he used his garage for cutting and varnishing wood. Councilmember Robert asked when the hours of operation would be and Bonse reported that he will not do any sawing or other noisy work after 4:30 p.m. Councilmember Swenson stated that he is a neighbor of Mr. Bonse and that he thinks that the area is kept very neat and orderly and that there are not any noise problems. Hearing no further comments, Councilmember Turnquist, seconded by Swenson, moved to close the public hearing at 8:10 p.m. Carried 5 -0. Councilmember Robert, seconded by Turnquist moved to grant the Special Home Occupation Permit. City Attorney Vierling stated that Bonse's request is for use of an unattached garage for a home occupation, which the City Zoning Ordinance prohibits. After discussion Vierling said that the Council cannot approve Bonse's request unless they grant him a variance rather than a Special Home Occupation Permit. The Council decided that they would rather amend the Zoning Ordinance. Councilmember Turnquist, seconded by Swenson, moved to table the request. Carried 5 -0. Councilmember Swenson, seconded by Turnquist, moved to direct staff to set up a public hearing for July 22, 1997 for the amendment of the Zoning Ordinance. Carried 5 -0. Page 5 - City Council Minutes 06/24/97 Review of Conditional Use Permit - A -1 Maintenance - 5845 Stagecoach Trail - Mayor Schaaf opened the public hearing at 8:25 p.m. Jon Nelson of A -1 Maintenance described the actions he has taken to come into compliance with his Conditional Use Permit. He indicated that his concrete driveway is set to be poured Wednesday, June 25. Nelson also explained his future plans to reduce noise and disturbances to the surrounding neighbors and his plans to put up a fence. Mayor Schaaf asked Nelson about the debris that was being used for fill and Nelson explained that he had been using leaves and grass clippings because he thought they were considered "clean" fill. Because they are not, he has removed them and made other plans to address the fill issue. Nelson clarified the hours of operation for A -1 and said that there will not be any outside work after 6:00 p.m. per the requirement of the permit. Administrator Robertson indicated that when the driveway is installed Nelson will be in compliance with his Conditional Use Permit. City Attorney Vierling noted that Nelson needs to get a building permit from the Building Inspector for the installation of his fence. Councilmember Turnquist, seconded by Swenson, moved to close the public hearing at 8:45 p.m. Carried 5 -0. Unfinished Business: • United Waste Systems - Jeff Glewwe of United Waste Systems was there to discuss with the Council concerns regarding yard waste bags and dump box prices. Glewwe stated that there had been some problems with the initial supply of the compostable yard waste bags. He said that while they did run out of bags, he felt that there were several factors that contributed to it. Glewwe said that UWS has calculated that it has collected only about 27% of the 133,000 bags that were distributed. Therefore, there are a lot of bags that have ended up in other communities or are not being used. Glewwe said to deal with this UWS would like to distribute the bags themselves in the future and charge a user fee for them. Councilmember Robert said that she was told to take 20 bags initially and that half of her bags are still sitting in her garage, and she thought that the bulk of the unused bags were sitting in people's garages waiting to be used in the fall. Councilmember Beaudet stated that he felt UWS should apologize for the recent cartoon in the Stillwater Gazette depicting Oak Park Heights residents as greedy. Glewwe said he did not agree with the message of the cartoon. City Administrator Robertson was directed to pull the article regarding dump box prices from the upcoming City newsletter. Councilmember Swenson requested a workshop on the issue of the bags and dumpster prices. A workshop was set up for August 12, 1997 at 4:30 p.m. Page 6 - City Council Minutes 06/24/97 New Business: Strategic Planning Retreat - Administrator Robertson reviewed the two proposals he had received for facilitating the upcoming retreat. There was discussion about how the retreat should be formatted. Mayor Schaaf said that he did not want to do the same format and that the Council could save some money and do the retreat on their own. Councilmember Turnquist stated that he would like to have someone facilitate to assist the Council in staying on task during the retreat. Councilmember Swenson, seconded by Turnquist, moved to table this issue until the next Council meeting. Carried 5 -0. Memo from Carol Caron - Street Reconstruction Update - City Engineer Caron was not in attendance, so City Engineer Anderlik summarized the memo for the Council. He stated that while it was unfortunate that the manholes were missed in the first place, it was necessary for them to be opened up for future access. Anderlik also stated that sod complaints will continue to be responded to, but that requests for new sod will not result in replacement except in those areas where NSP did poor restoration, in which case NSP will be replacing the sod. Anderlik noted that the sod was guaranteed for 30 days and that after that time City residents received instructions on how to care for their sod and it then became their responsibility. With no further business Mayor Schaaf adjourned the meeting to closed session at 10:00 p.m. under attorney- client privilege and to discuss union negotiations. Closed Session: City Attorney Vierling discussed possible litigation with Council. Administrator Robertson discussed the proposed AFSCME Union contract with Council. Adjournment: Council set a closed session workshop to discuss the proposed union contract at 4:30 p.m., Tuesday, July 8, 1997. Councilmember Swenson, seconded by Turnquist, moved to adjourn at 10:45 P.M.. Carried 5 -0. Respect ully submitted, Michael Robertson City Administrator • 411 OAK PARK HEIGHTS C ITY COUNCIL MINUTES, TUESDAY, JUNE 10, 1997 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 Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, City Planner Teague, and Administrative Intern Mesko. Approval of Agenda: The following items were added to the agenda: 1) Street Reconstruction, 2) Report on the garbage bags provided by United Waste Sanitation. Councilmember Turnquist, seconded by Beaudet, moved to approve the agenda as amended. Carried 5 -0. Visitors: Proposed Revocation of Liquor License -Club Tara Supper Club - City Attorney Vierling read the order to show cause by Club Tara regarding the revocation of its liquor license. This show of cause was due to the convictions of its owner, Ryszard Biernacki, on two counts of Harassment and one count of Criminal Sexual Conduct in the Fifth Degree. The floor was opened for discussion for anyone to speak on behalf of Club Tara or its owner, Ryszard Biernacki. Ed Simonet, attorney for Mr. Biernacki, informed the Council that 411 his client had not yet been sentenced on the above convictions and that the courts could find for a stay of adjudication which would result in no record for Mr. Biernacki. Simonet asked that the Council refrain from deciding on the liquor license revocation until the sentencing is resolved. Mr. Biernacki then spoke on his behalf and presented items that addressed Club Tara and his involvement with the club as evidence of his good character. They were: 1. An April 1, 1997 Oak Park Heights Police Department report stating that Club Tara had passed its liquor compliance checks; 2. A February 14, 1996 article from the Weekender Bulletin on Club Tara along with photos; 3. An April 1996 Polan article on the Biernacki's and Club Tara; 4. A June 9, 1997 Stillwater Gazette article reporting on Mr. Biernacki's convictions; and 5. An April 1987 article in Thunderbolt Opportunity. Councilmember Swenson moved, seconded by Robert to record these pieces of evidence into the record. Carried 5 -0. City Attorney Vierling said that even if the court stays Mr. Biernacki's sentence, the guilty verdict proves a misdemeanor conviction and the Council can take any action up to and including revocation of Club Tara's liquor license based on that conviction. 411 Page 2 - City Council Minutes 06/10/97 Councilmember Robert stated that she thought that the three convictions were enough evidence to show that Mr. Biernacki and Club Tara did not live up to the requirements established for the granting and possession of a liquor license in Oak Park Heights. She recommended that the Council revoke the license. Councilmember Swenson questioned the wisdom of completely revoking the license and suggested that the Council could instead put restrictions on the license. Councilmember Turnquist moved, seconded by Robert to adopt Resolution 97 -06 -23 to revoke Club Tara's liquor license. Mayor Schaaf moved, seconded by Swenson, to amend the resolution to change revocation to a 90 -day suspension subject to review by the Council at the end of that period. Councilmember Beaudet stated that he thought a 90 -day suspension would hurt Club Tara's business just as much as an outright revocation. Councilmember Robert felt that a 90 -day suspension would be setting up a precedent that would result standards becoming too high to justify the revocation of a license in the future. Vote was taken on Mayor Schaaf's amendment; 2 -3 against, • Councilmembers Beaudet, Robert, and Turnquist opposed. Amendment did not pass. City Attorney Vierling read Resolution 97- 06 -23, A Resolution Revoking Club Tara's Liquor Licenses. A roll call vote was taken on the resolution. Resolution carried 4 -1, Councilmember Swenson opposed. Oppidan Development Agreement - Keith Ulstad of Oppidan came before the Council to discuss some concerns about the utility cost estimates in the Developer's Agreement and Oppidan's assessment percentage of those costs. Ulstad requested that all of Plan B Utility Improvements be assessed over a 5 year period rather than paid up front. Council was in consensus to approve this request. Ulstad asked what his interest rate would be on his assessments. Attorney Vierling recommended that upon signature of the development agreement the City contact City Auditor David Mol, obtain his estimate of what the interest rate would be on a similar bond and then add 1.5% over that rate as is typically done with City bonds. Council was in consensus to approve this recommendation. 410 Page 3 - City Council Minutes 06/10/97 • Ulstad requested that the City accept a performance bond from contractor Kraus - Anderson for the Plan A Landscaping Improvements rather than a letter of credit or cash deposit. City Attorney Vierling stated that the City has traditionally required a letter of credit or a cash deposit, but that he did not see anything wrong with Mr. Ulstad's request due to the magnitude of the project and Kraus - Anderson's reputation. Council was in consensus to approve this request. Ulstad requested that the City pay a portion of the 58th Street improvements based on the benefits which would be directly attributable to the general public. That was calculated to be 11.20 of the total street improvement cost. Council was in consensus to approve this request. Ulstad felt that the City Engineer had estimated the cost of the traffic light too high at $200,000. Ulstad also felt that his assessment for 62.5% of the traffic signal cost was too high; he stated that he did not feel that his development would account for 62.5% of the traffic increase. He requested that his costs be capped at 33% of the traffic signal cost or $50,000, whichever is lower. City Engineer Anderlik stated that traffic signals have gone up dramatically in price and that he thought his estimate, while conservative, was appropriate. He also felt that the 62.5% assessment was appropriate considering the peak traffic 111 levels estimated at a new Rainbow Foods store. Councilmember Robert stated that she thought that there was some public benefit to the new signal and that Oak Park Heights should pay for some of the cost. The Council was in consensus that 11.2% of the total cost of the traffic signal would be paid for by the City of Oak Park Heights. Ulstad requested that the area used to calculate the trunk utility connection charges be reduced to reflect the presence of the storm water ponds and the sanitary sewer easement. Anderlik recommended that a reduction be made for storm water ponding but not for sanitary sewers. Anderlik noted that the sanitary sewer was under the ground and that Oppidan had full use of the land above it for parking and driveway purposes. Council was in consensus to accept Anderlik's recommendation. Administrator Robertson said that while Council had agreed to most of Ulstad's requests, those they had not agreed to left approximately $60,000 in additional costs to Oppidan on the table. Mayor Schaaf asked Ulstad if that $60,000 was a deal breaker. Ulstad said that it might be. Mayor Schaaf recommended that Ulstad discuss the situation with the land seller to see if something could be worked out. 410 Page 4 - City Council Minutes 06/10/97 Robertson recommended that the City should finance its portion of the utility improvement with money from the Capital Revolving Fund. He noted that Oppidan would be paying its assessments back into the fund over 5 years. Robertson also indicated that if the City wished to fund the 58th Street extension in 1998 that would use up the remainder of the cash in the Capital Revolving Fund. Councilmember Turnquist moved, seconded by Robert, to approve the City paying 11.2% of total costs for street improvements and traffic signal; to deduct the actual acreage of pond easement from connection charges; to accept a performance bond for the Plan A Landscaping Improvements with attorneys' costs being included if the City has to go after the bond; and to assess the costs of the Plan B Utility Improvements over a 5 year period and 1.5% above normal bond rates. Carried 5 -0. Councilmember Beaudet, seconded by Swenson, moved to direct the City Engineer to adjust the Feasibility Report for the Oppidan development based on the previous motion. Carried 5 -0. Councilmember Turnquist, seconded by Robert, moved to direct the City Engineer to prepare a plans and specifications for utility improvements to this project upon signature of the development agreement. Carried 5 -0. • Department Reports: Administration - Council directed Administrator Robertson to contact some people to obtain cost estimates for facilitating a strategic planning meeting. Cable - Councilmember Turnquist reported that the Cable Commission met last week. Turnquist also reported that the Cable Commission has objected to wiring the Stillwater High School for cable, but that their franchise has a clear directive to do so. Council discussed Administrative Intern Mesko's report comparing the cable rates for surrounding communities and directed her to find out how many subscribers were in each community. Water Management Organizations - Councilmember Beaudet reported that the WMO will meet June 25 to discuss the Perro Creek Study. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Matthew Carter of 5704 Stagecoach Trail. Oak Park Heights Business Group - Mayor Schaaf stated that the OPHBG met Wednesday, June 4, 1997 at 7:30 a.m. Paul Juckle, the MNDOT Highway 5 Construction Manager, was present to discuss the Highway 5 improvement project. • Page 5 - City Council Minutes 06/10/97 Bridge Report - Mayor Schaaf said that MNDOT's motion for summary judgement on the St. Croix River bridge crossing lawsuit was dismissed without prejudice, which means that it can be filed again at a later date. Sanitation - Councilmember Swenson updated the Council on the yard waste bags provided by United Waste Sanitation (UWS). He said that UWS has 75,000 bags on hand and 2 -% semis full of bags on order for this fall so they should not run out. He also reported that UWS has decided on a better distribution policy to limit the number of bags that people take. Councilmember Beaudet stated that he would like the Stillwater Gazette to write a retraction of a cartoon that said Oak Park Heights residents had been greedy during the bag distribution by taking too many bags. He felt that UWS was the organization that should take the responsibility for the inadequate supply of bags. He also requested that someone from UWS come before the Council to make a public apology. Administrator Robertson indicated that UWS already had plans to come to the next Council meeting. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - May 27, 1997 Councilmember Turnquist, seconded by Beaudet, moved to adopt the Consent Agenda. Carried 5 -0. Public Hearings: Request for General Plan Approval & Street Vacation of Holcombe Street - Action Rental Mini Storage - Mayor Schaaf opened the public hearing at 7:42 p.m. City Planner Richards reviewed the proposed plan and vacation and reported that Stillwater was not interested in vacating their portion of the street. That meant that either Oak Park Heights could decide to vacate their portion of the road for Action Rental to commence construction or that the Council could request that the site plan be changed to accommodate the street as it currently is. Administrator Robertson stated that Stillwater indicated to him that they may want to extend Shelton Drive east to Osgood and use Holcombe as a north /south connection in the event that Highway 36 ever turns into a freeway with limited access. Curt Warren of Action Rental informed the Council that without the vacation, they would be forced to lose the third building in their plan. Richards noted that the area affected by the proposed street vacation involved the storm water ponds, not the buildings. Page 6 - City Council Minutes 06/10/97 There was considerable discussion on the advantages and disadvantages to vacating the street or keeping it for future development. Councilmember Robert indicated she would like to reserve an easement on the vacated street for future trail purposes. Councilmember Robert, seconded by Swenson, moved to amend item "f" in the Planner's report to read, "A plan for grass plantings and landscaping shall also be provided in all areas bordering the parking lot subject to approval by Northwest Associates Consultants." Carried 5 -0. Curt Warren then asked the Council to consider eliminating the gutter to allow for ease in plowing and maneuverability by trucks. City Engineer Anderlik recommended that the City require curbs, gutters, and catch basins to prevent erosion on the site. Council was in consensus to accept Anderlik's recommendation. Councilmember Turnquist, seconded by Swenson, moved to approve the general plan of development contingent upon street vacation, subject to the conditions stated in the Planner's Report as earlier amended, subject to submittal of a site plan following the City Engineer's recommendation on curb, gutter, and storm sewer. Carried 5 -0. 111 Variance from Parking Pad Requirements - 14301 57th Street- Larry Simonson & Joyce Erickson - Mayor Schaaf opened the public hearing at 8:25 p.m. City Planner Teague reviewed the proposed variance and reported that he could find no hardship to approve the variance and recommended denial of the variance. Joyce Erickson was present and indicated that the homeowners were proposing what they thought was best for neighborhood aesthetics. Councilmember Turnquist stated that maybe backyard storage is not such a bad idea; it could get a lot of items out of the front yard and be less conspicuous. Former Councilmember Joe Carufel said that he was on the Council when that ordinance was created and that its purpose was to eliminate clutter in the backyard and to make vehicles visible to the Police Department. Hearing no further comment, Councilmember Robert, seconded by Turnquist, moved to close the public hearing at 8:40 p.m. Carried 5 -0. Councilmember Robert, seconded by Beaudet, moved to deny the variance on the grounds that there was no hardship. 3 -1 in favor of denying the variance, with Mayor Schaaf abstaining and Councilmember Turnquist voting against. Variance denied. 110 Page 7 - City Council Minutes 06/10/97 410 Variance from Front Yard Setback - Construction of Garage - 14387 Upper 56th Street - James Vidana - Mayor Schaaf opened the public hearing at 8:44 p.m. Jim Vidana stated that he was told in 1991 by former Oak Park Heights Building Inspector Mick Kaehler that he would be able to build a garage on his lot after he transformed his other garage into a family room. When he recently applied for a permit to build a garage, he was told there was not enough room to build a garage because the front of the house is only 30 feet from the edge of the road right -of -way. Vidana indicated he was seeking a variance of 20 feet from the 30 foot setback requirement on the hardship that not having a garage will be a deterrent if he ever decides to sell his home and that he was told previously that he would be allowed to construct a garage. Councilmember Beaudet asked why the original garage was allowed to be converted into a family room. City Planner Richards stated that the ordinance only provides that there be enough room for the construction of a 2 car garage, not that there actually be one. Richards noted that there is room in the back of the house for construction of a garage, but that there is not room on the site for a driveway to reach the garage. Councilmember Robert expressed her concerns about setting a precedent by ignoring the setback requirements. She said that • the Council may as well just revoke the 30 foot setback requirement if they approve the variance because many Oak Park Heights residents have converted their garages into other rooms and they would all be coming to the Council requesting variances to build garages. Hearing no further comment, Councilmember Turnquist, seconded by Robert, moved to close the public hearing at 9:00 p.m. Carried 5 -0. Councilmember Swanson, seconded by Turnquist, moved to approve the variance. Motion was denied 3 -2 with Beaudet, Robert, & Schaaf voting against the motion. Variance not approved. Unfinished Business: Annexation Petition Update - Mayor Schaaf reported on the meeting with Baytown Township and residents on June 3rd. Schaaf stated that he thought Baytown would get many financial benefits from an orderly annexation agreement with Oak Park Heights. City Attorney Vierling said that if the annexation is contested, which it looks like it would be based on the petitions objecting to the annexation, it would take 9 months to 1 year for a ruling to be made regarding the issue. 1 Page 8 - City Council Minutes 06/10/97 Council continued discussion of this item until the next Council meeting and directed City Planner Richards to prepare an annexation report and for staff to make an estimate of the additional cost of services needed that would be required if that portion of Baytown was annexed. Street Reconstruction - Councilmember Turnquist reported that he had seen Tower Asphalt cutting into the street and wanted to know why they were doing that. Council directed City Engineer Caron to prepare a memo regarding this issue. New Business: Approval of Newsletter Articles - Mayor Schaaf reported that he wanted to write an article about the bridge for this edition and that he would have it in to Administrator Robertson by Tuesday, June 17. Administrator Robertson indicated that this edition would come out around the end of June. Council directed him to add a small mention about the Party in the Park scheduled for August 10 and to write a complete article about it for the newsletter that will come out the beginning of August. Time Limits of Acceptance of Agenda Items - Councilmember Turnquist suggested a cutoff date and time for agenda items so that Council has enough time to read all items on agenda. This would exclude items deemed urgent. Councilmember Robert agreed but expressed concerns that visitors be given more leeway and freedom to participate. Councilmember Turnquist said he would draft a policy for Council consideration on this issue. Correspondence: Thank You from Graffiti Teen Center for 51,000 Grant Letter from Washington County Board - Request for Development Moratorium in Browns Creek Watershed Closed session was set for the City Administrator's review on June 24, 1997 at 4:00 P.M.. City Attorney Vierling noted the Council met in closed session at 6:00 p.m. before tonight's meeting to discuss the review of the City Administrator. Adjournment: Councilmember Swenson, seconded by Turnquist, moved to adjourn at 11:20 P.M.. Carried 5 -0. Respectfully submitted, 110 Michael Robertson City Administrator 411 OAK PARK HEIGHTS C ITY COUNCIL MINUTES, TUESDAY, MAY 27, 1997 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 Robertson, City Attorney Vierling, Police Chief Swanson, City Engineer Caron, and City Engineer Anderlik. Approval of Agenda: The following items were added to the agenda: 1) Fire /Police Training Permits at MNDOT houses, 2) Resolution of support for annexation petition, and 3) Adjourn to closed session to discuss pending litigation. Councilmember Turnquist, seconded by Swenson, moved to approve the agenda as amended. Carried 5 -0. Employee Recognition: The Council recognized Rollie Staberg of the Public Utilities Department for 5 years of service. Visitor Comments: There were no visitors. Department Reports: Police Squad Sale - Chief Swanson requested authorization to dispose of a 1994 Chevrolet Caprice squad car at the Washington • County Sheriff's auction scheduled June 28, 1997. Councilmember Turnquist, seconded by Swenson, moved to authorize the disposal of a 1994 Chevrolet Caprice squad car at the Washington County auction scheduled June 28, 1997. Carried 5 -0. Blind Intersection Signage - Chief Swanson stated that there is a blind intersection near 58th Street and Newberry Avenue and requested authorization to install a "Blind Intersection" sign east of 58th Street and Newberry Avenue. Council directed City staff coordinate the installation of a "Blind Intersection" sign as requested by Chief Swanson. Grant Application to Hire Police Officer - Chief Swanson discussed applying for a Federal grant which provides funding to cover 50 percent of the cost of a police officer, with a maximum of $25,000 per year, for three years. Councilmember Swenson, seconded by Robert, moved to authorize Chief Swanson apply for Federal grant program to hire law enforcement officers. Swanson stated that the grant would not cover the entire costs of adding another full -time peace officer position, but he has not calculated the additional cost to the City. Swanson explained adding another full -time officer position would reduce the need for over -time and allow the elimination of the part -time peace officer position. Upon further discussion, Councilmembers Swenson and Robert withdrew their motion and requested that Chief 410 Swanson estimate the cost savings and report back to the Council. Page 2 - City Council Minutes 05/27/97 • Eagle Scout Project at Valley View Park - Councilmember Robert stated that Jim Abbot completed an Eagle Scout project at Valley View Park on May 13, 1997. The Boy Scouts installed boundary markers, clear -cut a new trail, planted shrubs, and took down barbed wire fences. Councilmember Robert reported that the Boy Scouts did an excellent job. Garden Committee Spring Perennial Sale Results - Councilmember Robert stated that the Garden Committee raised $1,700 at the recent spring perennial sale. Installation of Playground Equipment at Valley View Park - Councilmember Robert stated that the installation of the playground equipment at Valley View Park has been delayed because some equipment parts are missing. Approval of Melanie Mesko as Recording Secretary - Administrator Robertson indicated that Eloise Nettleton was leaving the position of Recording Secretary. Robertson thanked her for her work and noted that she would be missed. Robertson recommended that Administrative Intern Melanie Mesko be appointed to the position of Recording Secretary. Councilmember Swenson, seconded by Robert, moved that Melanie Mesko be appointed to the position of Recording Secretary and that her pay for that position and her Administrative Intern duties be $10.00 per hour. Carried 5 -0. ilk Drop Box Price Ouotes - Council reviewed United Waste Systems drop box prices. Administrator Robertson explained that quotes were for "dirty" load prices and that "clean" load prices were $30 to $40 cheaper. Councilmember Swenson explained that "clean" load consisted of construction material and that "dirty" load consists of household garbage. Council tabled discussion on this item until the June 24, 1997 City Council meeting and asked staff to invite United Waste Systems to attend the meeting. Park Attendant Hiring - Councilmember Robert asked whether the Council needs to approve the list of candidates for the position of park attendant recommended by Jeff Kellogg. City Attorney Vierling stated that Council already authorized the budget for the park attendant salaries and no further action is required. Water Management Organization - Councilmember Beaudet said that the next meeting will be held Wednesday, May 28, 1997 at Bayport City Hall. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Richard Ellis, 14823 Upper 55th Street. Page 3 - City Council Minutes 05/27/97 410 Cable - Councilmember Turnquist reported that the Cable Commission met last week. Councilmember Turnquist reported that the Cable Commission continues to work towards a re- franchising agreement. The Cable Commission is also working on developing a community survey. Oak Park Heights Business Group - Administrator Robertson stated that the OPHBG will meet Wednesday, June 4, 1997 at 7:30 a.m. The MNDOT Highway 5 Construction Manager will be present to discuss the Highway 5 improvement project. Bridge Report - Administrator Robertson stated that MNDOT reported that the Highway 5 project is continuing on schedule. Mayor Schaaf said that the St. Croix River bridge crossing is still in litigation. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - May 13, 1997 3. Set Public Hearing - Vacation of Holcombe Street - June 10, 1997 4. Set Public Hearing - General Plan Approval - Proposed Mini - Storage - Action Rental - June 10, 1997 5. Budget Amendments - Increase Police Department Revenues $1,235 - Increase Police Department Expenditures $1,235 • 6. Set Public Hearing - Request for Special Home Occupation Permit - James Bonse, 14775 Upper 55th Street - June 24, 1997 Councilmember Turnquist requested pulling Item 3 - Set Public Hearing - Vacation of Holcombe Street - June 10, 1997. Councilmember Beaudet requested pulling Item 6 - Set Public Hearing - Request for Special Home Occupation Permit - James Bonse, 14775 Upper 55th Street - June 24, 1997. Councilmember Turnquist, seconded by Beaudet, moved to adopt the Consent Agenda as amended. Carried 5 -0. Councilmember Beaudet asked whether the City of Stillwater has responded to the City's request to vacate Holcombe Street. Robertson stated that he contacted Stillwater regarding the Vacation of Holcombe Street, but had not yet received a response. City Attorney Vierling stated that the City can move forward and any action taken by the Council can be contingent on Stillwater's approval to vacate the street. Councilmember Swenson, seconded by Beaudet, moved to set the Public Hearing for the vacation of Holcombe Street for June 10, 1997. Carried 5 -0. Councilmember Turnquist questioned the nature of Mr. Bonse's Home Occupation Permit. Administrator Robertson stated that Mr. Bonse conducts a minor fiberglass repair business from a back yard shed. Councilmember Turnquist, seconded by Swenson, moved to set the Public Hearing for June 24, 1997 to discuss the Request for • Special Home Occupation Permit - James Bonse, 14775 Upper 55th Street. Carried 5 -0. Page 4 - City Council Minutes 05/27/97 • Unfinished Business Stillwater Ford Drainage - City Engineer Anderlik reported that Stillwater Ford has submitted a revised drainage plan. Anderlik stated that the drainage plan is acceptable and recommended the City approve the plan. Councilmember Beaudet, seconded by Swenson, moved to approve the May 26, 1997 Stillwater Ford drainage plan as recommended by the City Engineer. Carried 5 -0. Annexation Petition - David Screaton, 12055 North 55th Street, was present and asked that the City Council pass a resolution of support for his recent annexation petition. Council discussed the boundaries of the area proposed for annexation. City Attorney Vierling requested that Screaton furnish him with a legal description of the proposed annexation area so he can incorporate it into the resolution. Council tabled action until the June 10, 1997 meeting so that Vierling could draft a resolution. Council also asked Screaton to provide the City with a list of residents who support annexation. Baytown Township's Request to Meet - Administrator Robertson stated that the Baytown Town Clerk contacted him and requested to meet with the City of Oak Park Heights in a non - quorum meeting to discuss annexation and drainage issues on June 3, 1997 at 5:00 p.m. at City Hall. Mayor Schaaf and Councilmember Turnquist were chosen to represent the Council at the meeting with Baytown • Township. New Business: A - Maintenance Conditional Use Permit Review - Administrator Robertson stated that Jon Nelson, A -1 Maintenance, is not in compliance with the conditions of his Conditional Use Permit. Councilmember Turnquist, seconded by Beaudet, moved to schedule a Public Hearing on Tuesday, June 24, 1997 to consider revoking the A -1 Maintenance Conditional Use Permit. Carried 5 -0. Approval of Conservation Partners Grant Application - Habitat Restoration Project - Valley View Park - Councilmember Robert said that the Conservation Partners Grant the City is applying for is intended for prairie restoration in lower Valley View Park. The project is scheduled to begin this fall and is expected to be completed next year. Councilmember Robert stated that the project includes 8 acres of both upland and lowland prairie restoration. Councilmember Beaudet, seconded by Robert, moved to approve the Conservation Partners Grant Application - Habitat Restoration Project- Valley View Park. Carried 5 -0. Recreational Vehicle Regulations - Councilmember Robert requested striking this item from the agenda. 411 Page 5 - City Council Minutes 05/27/97 • Swager Park Trail - City Engineer Caron stated that the construction of the Swager Park trail is estimated at $22,000. Caron recommended that the City negotiate the cost of the blacktop portion of the project with Tower Asphalt and that the work be added by change order to an existing Brackey Addition contract. Councilmember Robert stated that $20,000 has been budgeted for the project this year. Council directed City Administrator Robertson to contact the St. Croix Mall management and discuss obtaining an easement to use the non -paved surface of the outlot for park land. Council directed City Attorney Vierling to review the St. Croix Mall PUD Agreement. Councilmember Robert, seconded by Beaudet, moved to authorize City Engineer Caron to negotiate the Swager Park trail construction with Tower Asphalt, with costs not to exceed $22,000, and with the work contingent upon the City obtaining an easement from the mall management. Carried 5 -0. Nuisance Code Enforcement - City Attorney Vierling reported that he met with Chief Swanson regarding nuisance code enforcement. Chief Swanson stated the he has had some success in enforcing the nuisance code and would like to continue working with the violators before the City takes any further action. Council was in consensus to discuss this issue further at the June 24, 1997 meeting. Training Exercises Conducted in the MNDOT Home Area - Mayor Schaaf reported that a visiting fire department conducted a minor fire burn training exercise on one of the MNDOT houses. The fire flared up after the visiting fire department left, and the Bayport Fire Department was called to extinguish the fire. Police Chief Swanson also reported that a canine exercise, which was not approved by his department and for which he received no notification, was conducted in the MNDOT area. Mayor Schaaf recommended the Council rescind the right of visiting fire departments or law enforcement agencies to conduct training exercises on MNDOT houses without first coming before the Council to obtain approval. Mayor Schaaf noted that he had no complaints about the Bayport Fire Department, which he thought had done a good job with its training exercises. Councilmember Turnquist, seconded by Swenson, moved to withdraw the City's permission for any visiting fire or law enforcement agency from using the MNDOT area of town without first appearing before the Council for approval. The Bayport Fire Department can continue to conduct training exercises as long as it gives the City advance notification. Carried 5 -0. Council directed Administrator Robertson to send a letter to visiting fire departments /law enforcement agencies which states that any training exercises need prior approval by the Council. • Page 6 - City Council Minutes 05/27/97 Correspondence: Letter from Jim Abbot - Council reviewed a letter from Jim Abbot, Boy Scout Troop 114, thanking the Council for helping him complete the last step of becoming an Eagle Scout. Council thanked Councilmember Robert for her work in coordinating the project. Adjournment: Council recessed to closed session at 8:25 p.m. to discuss pending litigation and personnel issues. Closed Session: Council received an update on pending litigation from City Attorney Vierling and discussed a personnel matter in the Public Utilities department with Administrator Robertson and directed him to review the matter further. Upon the end of the closed session, Councilmember Beaudet, seconded by Schaaf, moved to adjourn at 9:30 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 110 OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES, TUESDAY, MAY 27, 1997 Call to Order: The meeting was called to order at 4:30 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, Police Chief Swanson, Finance Director /Deputy Clerk Hoist. Discussion of Capital Improvement Program (CIP) - After considerable discussion the Council directed staff to add the following items to the CIP. 1. Costs for Phase I of the Street Reconstruction Project. 2. Police Computer System. 3. Joint Law Enforcement Training Center 4. Public Works vehicles and equipment. 5. Administration copier. 6. Perro Pond outlet construction. 7. City Hall roof repairs. 8. 58th Street Phase III cost estimates. 9. New well 10. Building Inspection vehicle. Council directed staff to change the following item. 1. Move playground equipment from 1997 & 1998 to 1999 & 2000. 410 Council directed staff to expand the CIP and add expected revenues for individual items. The Council directed staff to have a revised CIP to them by the June 24, 1997 meeting. Council adjourned at 6:15 p.m. Respectfully submitted, Michael Robertson City Administrator 410 OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, MAY 13, 1997 Call to Order: The meeting was called to order at 7:00 p.m. by Acting Mayor Turnquist. Present: Councilmembers Beaudet, Robert, and Swenson. Absent: Mayor Schaaf. Staff Present: City Administrator Robertson, City Engineer Caron, City Attorney Vierling, City Planner Richards, and City Planner Teague. Approval of Agenda: The following items were added to the agenda: 1) Memo to the Council from Councilmember Robert regarding Jim Abbot, 2) Handout from Jim Abbot, 3) Memo to the Council from Councilmember Robert regarding Prairie Restoration Project, 4) Hiring Andy Weaver to supervise Phase I of the prairie restoration project at Valley View Park, 5) Memo from Councilmember Robert regarding enforcement of the nuisance ordinance, 6) Letter from MNDOT in response to Oak Park Height's requested changes to the Highway 5 project, 7) Resolution from Baytown Township opposing annexation, 8) Visitors Mr. and Mrs. Simpson regarding garbage issues, 9) and Visitor Mr. Dick Kadrie, Stillwater Ford, regarding drainage issues. Councilmember Swenson, seconded by Robert, moved to approve the amended agenda. Carried 4 -0. Employee Recognition: The Council recognized Secretary /Receptionist Julie Hultman for 5 • years of service. Visitor Comments: Introduction of Melanie Mesko - City Administrator Robertson introduced Melanie Mesko to the Council. Ms. Mesko will be serving as Intern for the City of Oak Park Heights. Eagle Scout Project - Valley View Park - Jim Abbot - Jim Abbot of Boy Scout Troop #114 stated that he would like to make improvements to Valley View Park as part of a community service project. The project includes installing boundary markers, tearing down fences, adding a new entrance off 58th Street, and general clean -up of the park. Total cost of the project is estimated at $800.44. Abbot stated that he plans to complete the project on Saturday, May 17, 1997. Councilmember Robert stated that $1,000 was set aside last year for the project. Robert stated that she has met with homeowners in the area and they approve of the project. Councilmember Robert, seconded by Swenson, moved to approve the Valley View Park project proposed by Jim Abbot, with costs not to exceed $1,000. Carried 4 -0. Request for Park Cleaning - Councilmember Robert requested tabling this issues until the next City Council meeting. Resolution 97 -05 -21 - A Resolution Issuing a Gambling Premises 411 Permit to Eagles Aerie 94 - Councilmember Swenson, seconded by Robert, moved to adopt Resolution 97 -05 -21 - A Resolution Issuing a Gambling Premises Permit to Eagles Aerie 94. Carried 4 -0. Page 2 - City Council Minutes 05/13/97 • Resolution 07 -05 -22 - A Resolution Issuing a Gambling Premises Permit for Doyle's Bowling Center - Councilmember Robert, seconded by Swenson, moved to adopt Resolution 97 -05 -22 - A Resolution Issuing a Gambling Premises Permit to Eagles Aerie 94 for Doyle's Bowling Center. Carried 4 -0. Valley View Park Prairie Restoration Project - Andy Weaver described the Valley View Park prairie restoration project. Weaver reviewed the three stages of the project and recommended that Phase 1 of the project be completed this year. Phase 1 includes coordinating and conducting a prairie burn with the Fire Chief. Phase 1 also involves hiring Northern Prairies to do planting of native plants which is estimated to cost $8,200. Councilmember Robert stated that $13,000 was budgeted last year for the project. Administrator Robertson indicated that the Council should be aware that the Parks Commission is running approximately $4,000 over budget. Councilmember Robert, seconded by Swenson, moved to hire Andy Weaver to supervise Phase 1 of the project, not to exceed $3,100. Carried 4 -0. Councilmember Robert, seconded by Beaudet, moved to authorize the hiring of Northern Prairie Restoration to complete Phase 1 of the project, with costs not to exceed $8,000. Carried 4 -0. Councilmember Robert, seconded by Swenson, moved to authorize the Bayport Fire Department to conduct a burn of lower Valley View Park. Carried 4 -0. • Kevin and Ann Simpson - Kevin Simpson asked the Council why Oak Park Heights residents are required to rent garbage dumpsters from United Waste Management. He stated that he obtained estimates regarding the cost for a 10 yard dumpster and most companies charge between $180.00 to $185.00 for a 10 yard dumpster. United Waste Management charges $220.00 for a 10 yard dumpster. Simpson indicated he feels that these fees are unreasonable. Councilmember Swenson stated that he will contact United Waste Management to discuss dumpster fees. City Attorney Vierling stated that the City has the right per its contract with United Waste Management to determine if the rates are reasonable. Council will review the rates at the next City Council meeting. Doug Bergmann - Valley View Garden Association Concerns - Mr. Bergmann, 14913 North 57th Street, was present to discuss concerns regarding residents going through the subdivision to enter Valley View Park. Bergmann requested a marked entrance and trail be installed promptly in the park. Councilmember Robert stated that the City is in the process of obtaining easements so the entrance to the park can be installed. Bergmann stated that he is also concerned with the debris in the stormwater drain area behind his property. City Engineer Caron stated that Krongard Construction was instructed to clean the area last year. Bergmann also requested that the street sweeper go through the development again because there is a significant amount of sand • still on the streets. Administrator Robertson said he would follow -up on Bergmann's requests. Page 3 - City Council Minutes 05/13/97 Department Reports: Parks - Councilmember Robert stated that the Parks Commission meets Tuesday, May 20, 1997 at 6:30 p.m. at City Hall. Councilmember Robert thanked Bonestroo, Rosene, Anderlik & Associates for their recent donation of $250 to City parks. Garden Committee Spring Perennial Sale - Councilmember Robert stated that the Garden Committee will hold a spring perennial sale on Saturday, May 17, 1997, from 9:00 a.m. to noon at Cover Park. Cable - Councilmember Turnquist stated that the Cable Commission meets Wednesday, May 21, 1997 at 7:30 p.m. at Bayport City Hall. Water Management Organization - Councilmember Beaudet stated that the next meeting will be held Thursday, May 29, 1997. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is John Johnson, 13080 56th Street North. Oak Park Heights Business Group - Administrator Robertson stated that the OPHBG will meet Wednesday, June 4, 1997 at 7:30 p.m. Paul Juckle, MNDOT Highway 5 Construction Manager, will discuss • the Highway 5 improvement project. Bridge Reports - Administrator Robertson stated that MNDOT reported that the Highway 5 road and bridge improvement is on schedule. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - April 22, 1997 3. Approve Council Workshop Minutes - April 17, 1997 4. Approve Council Workshop Minutes - April 22, 1997 5. Approve Board of Review Minutes - April 22, 1997 6. Approve Agreement with Building Inspection Services, Inc. 7. Set Public Hearing for June 10, 1997 - Request for residential variance, parking pad requirements for trailers - Larry Simonson 8. Set Public Hearing for June 10, 1997 - Request for residential variance to build garage - James Vidana Councilmember Beaudet, seconded by Swenson, moved adopt the Consent Agenda. Carried 4 -0. 411 Page 4 - City Council Minutes 05/13/97 Public Hearings: Request for Commercial Variance to Allow an Additional Accessory Building - Construction of a Bath House /Laundry Facility - Sunnyside Marina - Acting Mayor Turnquist opened the Public Hearing at 7:35 p.m. City Planner Teague reviewed the May 1, 1997 Planning Report. Teague recommended the City Council approve the amended Planned Unit Development /Conditional Use Permit subject to the conditions listed in the report. City Planner Richards reported that he received a letter from the DNR stating they have no objections to the project. Richard Orthmeyer, 6201 St. Croix Trail #118, Vice President of the Sunnyside II Condominium Association, questioned where Sunnyside Marina would store the cribbing, blocks, etc., if the facility was constructed. Orthmeyer requested that all material stored by Sunnyside Marine be screened. Gary Gustafson, Chair of Sunnyside Marina, said that they have worked with Sunnyside Condominiums in the past and will continue to work with them in the future to insure that all covenants and bylaws regarding screening of outside storage are enforced. City Attorney Vierling requested that the bylaws for Sunnyside Condominiums be submitted to his office for review and recommended that the CUP be subject to the approval of his office. Hearing no further comments, Councilmember Robert, seconded by • Swenson, moved to close the Public Hearing at 7:55 p.m. Carried 4 -0. Councilmember Robert, seconded by Swenson, moved to add "Condition 4 - a storage and screening plan must be submitted to the City Planner's office for approval." Carried 4 -0. Councilmember Robert, seconded by Swenson, moved to approve the amended Planned Unit Development /Conditional Use Permit. Carried 4 -0. Request for Conditional Use Permit - Proposed U -Haul (Outdoor Storage - C & D Enterprises - Acting Mayor Turnquist opened the Public Hearing at 7:56 p.m. City Planner Richards reviewed the May 1, 1997 Planning Report. Richards recommended the City Council approve the proposed Conditional Use Permit subject to the conditions listed in the May 1, 1997 Planning Report. Tim Keenan, Kingwood Management, representing C &D Enterprises, stated that he had no objection to the conditions listed in the report. Hearing no further comment, Councilmember Swenson, seconded by Beaudet, moved to close the Public Hearing at 8:03 p.m. Carried 4 -0. Councilmember Swenson, seconded by Beaudet, moved to approve the Conditional Use Permit to operate an outdoor U -Haul truck, trailer, and miscellaneous equipment rental business located at 13481 North 60th Street, with the additional conditions that the Conditional Use Permit be reviewed in one year and that no more than three vehicles can be parked in the front of the building. Carried 4 -0. Page 5 - City Council Minutes 05/13/97 Request for Planned Unit Development - Proposed Mini - Storage - Action Rental - Acting Mayor Turnquist opened the Public Hearing at 8:08 p.m. City Planner Richards reviewed the May 9, 1997 Planning Report. Richards recommended the City Council grant PUD Concept Plan approval but hold off on PUD Final Plan approval until the issues of setbacks, drive aisles, grading, drainage, and building design have been resolved. Curt Warren, Action Rental, was present to answer questions. Warren asked why a continuous concrete curb was required around the lot. Richards said that curbing is required by the ordinance for drainage purposes. Warren asked why the City requires any exposed metal finish be limited to no more than 50 percent of any one wall and said that he would like to construct an all steel building. Richards stated that the building requirement was for aesthetic purposes only. Council was in consensus to allow the building to constructed of all steel because of its' location. Hearing no further comment, Councilmember Robert, seconded by Beaudet, moved to close the Public Hearing at 8:30 p.m. Carried 4 -0. Councilmember Robert, seconded by Swenson, moved to amend Condition e. on the Planning Report to read "curb barrier subject to City Engineer's review ", and Condition g. "the building can be constructed of steel." Carried 4 -0. Councilmember Swenson, seconded by Robert, moved to approve the PUD Concept Plan with • subject to the conditions in the May 9, 1997 Planning Report, with amendments that an all steel building would be allowed and that the need for continuous concrete curb was subject to the City Engineer's review. Carried 4 -0. Request for Minor Subdivision - 5850 -5852 Oxboro Avenue (East Oaks PUD) - Ventura Homes - Acting Mayor Turnquist opened the Public Hearing at 8:35 p.m. City Planner Teague reviewed the planning report. Teague stated that construction on the twin home began last spring and the wall separating the two units was not built on the side property line. The applicant is requesting a Minor Subdivision to re -align the lot line to be located over the wall which separates the two units. Teague recommended approval of the Minor Subdivision. Hearing no further comment, Councilmember Beaudet, seconded by Swenson, moved to close the Public Hearing at 8:40 p.m. Carried 4 -0. Councilmember Robert, seconded by Beaudet, moved to approve the Request for Minor Subdivision - 5850 -5852 Oxboro Avenue (East Oaks PUD) - Ventura Homes. Carried 4 -0. Unfinished Business Home Occupation Permits - Administrator Robertson stated that he has received three Home Occupation Permit applications which are required to have a public hearing under City Ordinances because they are being conducted from the garage. Robertson informed Council that he will send each of the three applicants a letter • indicating that they must apply for a Special Home Occupation Permit. Page 6 - City Council Minutes 05/13/97 New Business: Presentation by Debbie Krueger - 4452 Lake Elmo Avenue - Debbie and Neil Krueger presented the Council with packets of information regarding City and State statues and ordinances regarding permits to burn. Administrator Robertson noted that when the Krueger's father's former tree farm was graded and some of the trees burned, that the City had issued all of the proper permits to the contractor. Council thanked Mr. and Mrs. Krueger for their information. Gary Gehrman - Request for Street Cut Permit on 53rd Street - Installation of Water Service - Gary Gehrman, 512 Park Way, requested permission for a permit to obtain City water for outlot A, Swager Brothers 9th Addition, 53rd Street North and O'Brien Avenue. Gehrman stated that he plans to grow an organic garden on the non - buildable lot. City Attorney Vierling advised Mr. Gehrman that the City has totally encumbered the lot with stormwater drainage and utility easements and he recommended the City not provide water service to a non - buildable lot. Vierling reminded Mr. Gehrman that anything planted on the lot may have to be moved in the future. Council suggested Gehrman meet with the City Engineer to discuss other ways of obtaining water. Dick Kadrie - Stillwater Ford - Dick Kadrie, representing Stillwater Ford, requested that the City Council allow Stillwater • Ford to drain the stormwater from their property towards Highway 5. Kadrie stated that this was their intent on their originally submitted plan and that changing this would cost them an additional $150,000. City Engineer Caron stated that an analysis was completed and recommended that stormwater ponding flow towards the Frontage Road and not Highway 5. Attorney Vierling stated that the plans approved were only conceptual development plans and not stormwater ponding /drainage plans. Councilmember Beaudet, seconded by Swenson, moved to table discussion on this item until the next City Council meeting. Carried 4 -0. 1st Ouarter Budget Report - Council reviewed a summary of 1st quarter budget figures. No action was taken. Financial Transfers - Councilmember Robert, seconded by Councilmember Swenson, moved to adopt a resolution approving the budget transfers as recommended by Deputy Clerk /Finance Director Holst. Carried 4 -0. Correspondence: Proposed Conditional Use Permit - Ryder Student Bus Terminal - Kern Center - Baytown Township - City Administrator Robertson reported that Baytown Township approved the Proposed CUP for the Ryder Student Bus Terminal at their meeting last Monday. • Page 7 - City Council Minutes 05/13/97 Resolution from Baytown Township - Council reviewed a resolution from Baytown Township stating that they oppose annexation. Baytown Township has rejected the Oak Park Height's request to meet. City Attorney Vierling stated that the applicants interested in annexation will be informed that their request to annex was rejected by Baytown Township. Vierling stated that the applicants will need to contact the Minnesota Municipal Board to schedule a hearing. Letter from MNDOT - City Administrator Robertson reported that MNDOT has responded to the City's requested changes to the Highway 5 project. Robertson reported that MNDOT is agreeable to the changes if the City agrees to split the cost. The cost of the changes is estimated to be $200,000. The City would be responsible for $100,000. This estimate covers the addition of a second left hand turn lane on Highway 5 and changes to the traffic signal to accommodate that Additional lane. Councilmember Swenson, seconded by Robert, moved to direct City staff communicate with MNDOT that the City approves the proposal conceptually and to begin negotiations on a written agreement. Carried 4 -0. Graffiti Teen Center - Grant Request - Acting Mayor Turnquist, seconded by Swenson, moved to grant $1,000 to the Graffiti Teen Center. Carried 4 -0. American Red Cross - Grant Thank You - Council reviewed a letter from Jan George, Executive Director of the American Red Cross, thanking the City for the $2,000 grant to the Red Cross Disaster Relief Fund. Memo Regarding Chronic Nuisance Violations - Councilmember Robert requested the Council invite City prosecutor Greg Galler to the next meeting to discuss possible prosecution of chronic nuisance violators in civil court rather than criminal court. City Attorney Vierling will meet with Chief Swanson to review the list of violators and discuss this issue at the next City Council meeting. Union Negotiations - Councilmembers Turnquist and Swenson were appointed as a Council committee to review union negotiations and make a recommendation to the Council. Adjournment: Councilmember Swenson, seconded by Beaudet, moved to adjourn at 10:30 p.m. Carried 4 -0. Respectfully submitted, Michael Robertson City Administrator 411 CITY OF OAK PARK HEIGHTS B OARD OF REVIEW MEETING MINUTES, MONDAY, APRIL 22, 1996 Call to Order: The Board of Review meeting was called to order at 6:00 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff present: City Administrator Robertson & City Attorney Vierling. In attendance with a complaint about her valuation was Wanda Donahue, 5500 O'Brien Ave. Mrs Donahue noted that her valuation had increased over 10% each of the last two years. Administrator Robertson noted that the County Assessor was not recommending any decrease in the valuation of her property. Council indicated to Mrs. Donahue that her next step to appeal her property value would be to go before the Washington County Board of Review. Councilmember Turnquist, seconded by Swenson, moved to recommend that the City Council approve the valuations recommended by the County Assessor. Turnquist noted that of the 22 property owners who had expressed concerns about their valuations, 18 of them were recommended for reductions by the County Assessor. Carried 5 -0. With there being no further comments the Board of Review was 110 adjourned at 6:18 p.m. Respectfully submitted, 0 / - Michael Robertson City Administrator 110 110 OAK PARK HEIGHTS CITY COUNCIL WORKSHOP, TUESDAY, APRIL 22, 1997 Call to Order: Mayor Schaaf opened the workshop at 5:02 p.m. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Planner Richards, City Attorney Vierling, and Dan Wilson of NAC. Discussion of Tax Increment Financing (TIF) - Dan Wilson explained that he was affiliated with NAC but that his business was putting together financing packages using TIF. Wilson described how TIF was created and what it was intended to do. Wilson discussed how the City's only TIF district, the St. Croix Mall, was working. Wilson discussed how TIF could be used to create an industrial park on Highway 36, and the risks that would be involved with that. Council discussed the possibilities of using TIF to create an industrial park. Council was in consensus that they would not favor the use of TIF for brand new retail construction on Highway 36. Wilson was directed to write a memo to Council outlining the typical stages of a TIF deal for industrial development. • Adjournment: Mayor Schaaf adjourned the workshop at 5:50 p.m. Respectfully submitted, // , � --.. ichael Robertson City Administrator III OAK PARK HEIGHTS CITY COUNCIL WORKSHOP, THURSDAY, APRIL 17, 1997 Call to Order: Mayor Schaaf opened the workshop at 4:45 p.m. Present: Councilmember Turnquist. Councilmember Beaudet arrived at 4:47 p.m. and Councilmember Robert arrived at 5:00 p.m. Absent: Councilmember Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Engineer Anderlik. Discussion of Request for Annexation - Dave Screaton discussed his request to be annexed into the City of Oak Park Heights. Screaton offered to pay all the sewer & water extension costs up front. He said he would be willing to be paid back over time as people hooked up. He said he did not want anybody to be forced to hook up to sewer and water. Present for the discussion were; Steve & Barb Engle, 12058 55th Street; Dave Screaton, 12055 North 55th Street; Tony Vavoulis, 740 Linwood Avenue; Norm Krueger, 2263 Oakgreen Avenue; Roger Tucker, 10545 Mayfield Avenue; Don Shoemaker, 3500 Effa Street; John Low, 324 South Main Street; Kevin Lacasse, 324 South Main Street, #280; Ray Kennedy, 5649 Manning Avenue; Carol Palmquist, 12202 55th Street; DW ? ? ?, 711 Manning Lake; Dan Raduenz, Stillwater Motors; Mel & Jane Eder of St. John's Church, 5274 • Stillwater Boulevard; Rob Buberl, Buberl Landscaping; Kelly Brookman, no address; John Hall, no address; Ken Hath, no address; Bill Nelson, Baytown Board; Anders Hanson, Baytown Board. John Low and Kelly Brookman said that they owned land in the Kern Center area and were in favor of the proposal. Barb Engle said that she had the following questions. 1) Would 55th Street have to be upgraded (blacktop /curb & gutter) for development and would they be assessed for that? 2) Would the proposal for housing on the Screaton land cause increased costs for fire & police protection and subsequently cause increased costs for her? 3) What land uses will be allowed in the area? 4) How long would the annexation process take? 5) If the land was developed with residential uses, would curb & gutter and bike paths be provided? What would the costs be for this? City Attorney Vierling said that annexation would take 6 -12 months, depending on whether it was contested or not. The City Council stressed that they would not make any specific zoning commitments for any specific piece of land. Administrator Robertson said that the direction from the City's Comprehensive • Plan was that the area land uses would be Commercial /Industrial north of 55th Street and residential south of 55th Street. Page 2 - City Council Minutes 04/22/97 Roger Tuckner, Rob Buberl, & Ray Kennedy, owners of existing buildings, expressed opposition to annexation. They felt that they would experience increased costs in City taxes without a corresponding increases in services that would benefit them. They also wondered if they would be forced to hook into sewer & water within a certain time frame. They asked whether City building permits were more expensive than Township building permits and what the increased costs in taxes would be. Bill Nelson of the Baytown Board asked whether there would be an increase in valuation due to the availability of water and sewer. John Hall was opposed to annexation for fear it would raise his taxes. Steve Engle was opposed to annexation because he did not want urban density housing constructed near by him. Ken Hath was opposed to annexation. Robertson noted he had received a letter from Bernie ness favoring the extension of water & sewer to his property. Council directed Robertson to gather the requested information on taxes and building permits. Adjournment: Mayor Schaaf adjourned the workshop at 6:25 p.m. • Respectfully submitted, 7 Michael Robertson City Administrator 411 4111, OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, APRIL 22, 1997 Call to Order: The regular Council meeting was called to order at 7:02 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Engineer Anderlik, City Planner Richards, City Attorney Vierling, and City Administrator Robertson. Approval of Agenda: Unfinished Business Item 5 - Council Chamber Remodeling Plans was removed from the Agenda. The following items were added to the agenda: 1) Red Cross Grant, 2) Board of Review Recommendations, 3) Annexation Petition, 4) Residential Lot Sizes -Haase Land. Councilmember Swenson, seconded by Beaudet, moved to approve the Agenda as amended. Carried 5 -0. Visitor Comments: Ken Kaiser - Annual Tree Inspector Report and Review of Tree Trimming Proposal - Ken Kaiser reported that the City of Oak Park Heights has received the Tree City USA award for the 16th year in a row. Kaiser said that as part of his regular duties he is available to respond to questions residents have about their trees. He indicated that he will meet with residents at their convenience to discuss their questions. Kaiser also stated that he inspects the City for diseased trees. He stated that the City 111 has had a program where they would remove diseased elms from both public and private property at no charge. Kaiser indicated that he coordinates the planting of new trees, which normally occurs in June, and the removal of dead or diseased trees, which normally occurs in the fall. Kaiser reported that he currently has a list of 15 sites where he will be planting new trees this year, as well as plans to plant trees in the new subdivisions. Kaiser indicated that he also sought bids for pruning of the City's boulevard trees. He stated that trees which are regularly pruned have a longer life expectancy. He said that the City has approximately 1,100 boulevard trees that should be pruned once every five years. St. Croix Tree Services has submitted a bid for pruning at $24.00 per tree. Kaiser requested the Council consider contracting with St. Croix Tree Service for pruning 220 boulevard trees each year for five years at a cost of $5,200 per year. Kaiser stated that the proper time of year for pruning is mid - October through the winter. Council was in consensus to review the tree trimming proposal as part of its budgeting process. Department Reports: Police - Administrator Robertson stated that Chief Swanson was unable to attend the City Council meeting because he was at the annual Minnesota Police Chiefs conference in St. Cloud. 110 Page 2 - City Council Minutes 04/22/97 • Walmart Earth Day Grant - Councilmember Robert stated Walmart is accepting applications for an Earth Day Project Grant. A representative from the Restoration Committee will make a presentation requesting an Earth Day Grant be used to restore the prairie grasses behind City Hall. Annex Area Park Boundaries - Councilmember Robert stated that the Park Commission met last week to walk the area being considered for the Annex Area park. The Park Commission met again on Monday, April 21, 1997 and reviewed the various conceptual park design plans. Robert reported that the Park Commission recommended Concept Plan 5 for the park boundaries. Concept Plan 5 requires the City to purchase 11.8 acres of land for the park. City Planner Richards stated there is a public safety concern since Concept Plan 5 would leave room for only one access road to the southern 40 acres. Council identified two additional potential access areas depending on the future growth of the City. Councilmember Robert, seconded by Beaudet, moved to approve Concept Plan 5 as the conceptual design for the Annex Area park. Carried 4 -1. Councilmember Turnquist opposing. Councilmember Robert thanked Tim Nolde for his work with the Parks Commission in determining the park boundaries. Park Attendants for Valley View Park - Councilmember Swenson said • that he has received complaints from residents concerned with the number of teenagers loitering in Valley View Park. Councilmember Swenson requested the City authorize the Park Attendants for Valley View Park to start working in mid -May. Administrator Robertson said that the interviews for park attendants will take place in mid -May and that he will start the attendants as soon as possible. Robertson reminded residents to call the Police Department if they see any suspicious or threatening behavior in the parks. Concrete /Asphalt in Valley View Park - Administrator Robertson reported that NSP will remove the concrete /asphalt pile in Valley View Park as part of their restoration project. Water Management Organization - Councilmember Beaudet reported that the Perro Creek Sub - Watershed met last Wednesday to discuss the Perro Pond outlet structure. The outlet structure is designed to relieve flooding during the winter only and would not relieve any summertime flooding in Perro Creek. Councilmember Beaudet stated that City Engineer Anderlik is developing recommendations and estimating the cost for solving both winter and summer flooding problems. Administrator Robertson asked whether the Council would like to meet with Jeff Davis, who designed the Perro Creek Sub - Watershed's plan to eliminate flooding. Council was in consensus to review the City Engineer's recommendations before proceeding. lill■ • Page 3 - City Council Minutes 04/22/97 . Cable - Councilmember Turnquist reported that the Cable Commission approved the corporate budget. He indicated that the Cable Commission is meeting May 7, 1997 with the re- franchising attorney to discuss the re- franchising agreement. Yard Waste Bags - Councilmember Swenson stated the demand for yard waste bags has been so high there is a shortage. Administrator Robertson said that Cub and Ace Hardware will have bags in the near future. Councilmember Swenson stated that he will discuss possible alternatives for distribution of yard waste bags with United Waste Management. Recycling Award - Administrator Robertson reported that the recipients of a $25.00 check from the City of Oak Park Heights for participating in its recycling program are Mick and Kathy Korich, 13966 55th Street. Oak Park Heights Business Group - Mayor Schaaf stated that the OPHBG will meet Wednesday, May 7, 1997, at 7:30 a.m. A topic for discussion has not been determined. Effects of the Closing of the Stillwater Bridge - Administrator Robertson said that he talked to some of the City's retailers, restaurants, and service industries about how the closing of the Stillwater bridge due to flooding impacted business. Retailers 411 closing that sales were significantly lower as a result of the closing of the Stillwater bridge, restaurants noticed a minor decrease in business, and service industries did not notice any effects. Bridge Report - Mayor Schaaf stated that a copy of the brief regarding the Sierra Club Lawsuit is available at City Hall. Consent Agenda: 1. Approve Bills and Investments 2. Approve Board of Review Minutes - April 8, 1997 3. Approve Council Meeting Minutes - April 8, 1997 Councilmember Turnquist, seconded by Beaudet, moved adopt the Consent Agenda. Carried 5 -0. Unfinished Business Terry & Susan Frederickson - Variance from Side Yard Setback for lot at Northwest corner of 56th Street & Newell Circle North - Autumn Ridge 3rd Addition - Council continued discussion of the variance request by Terry and Susan Frederickson. The Fredericksons were present to answer questions. City Planner Richards reiterated his recommendation to deny the variance because it does not meet all the criteria for hardship established by the City's Zoning Ordinance. 411 Page 4 - City Council Minutes 04/22/97 410 Terry Frederickson questioned the necessity for a 30 foot street setback on a non - through residential street. Frederickson also stated that he is only requesting a 1.09 foot variance. Frederickson stated that his home is 2,800 square feet, while the average home for the neighborhood is 3,000 square feet. Frederickson said he is building a one -level 2,800 square foot home because he is caring for his sight- impaired mother in their home. Councilmember Swenson, seconded by Robert, moved to grant the variance due to the hardship of providing reasonable accommodation under the American Disabilities Act (ADA). Carried 3 -2. Councilmembers Beaudet and Turnquist opposing. Resolution 97 -04 -19 - A Resolution Granting Final Planned United Development Approval and Final Plat Approval - Oak Park Ponds Shopping Center (Rainbow) - Councilmember Turnquist, seconded by Swenson, moved to adopt Resolution 97 -04 -19 - A Resolution Granting Final Planned Unit Development Approval and Final Plat Approval - Oak Park Ponds Shopping Center (Rainbow). Carried 5- 0. Report from City Engineer - Highway 5 and 58th Street Improvements - City Engineer Anderlik stated that he met with MNDOT representatives to discuss the traffic expected to be generated by new development in the area east of Highway 5 near Stillwater Area High School and the improvements that the City 111 would like to see constructed. Recommended modifications include widening 58th Street for turn lanes at its intersection with Highway 5, a traffic signal at 58th Street and Kern Avenue, an additional turn lane on Kern Avenue, and dual left turn lanes from southbound Highway 5 to 58th Street. MNDOT agreed to put the additional turn lane in on Kern Avenue if Anderlik provided the design and the City acquired the additional right -of -way. Anderlik said that he designed an additional turn lane which did not require more right -of -way and MNDOT has agreed to construct it. Anderlik indicated that he is still working out the details with MNDOT regarding their accommodating a wider 58th Street and a future traffic light. Anderlik indicated that MNDOT would require 12 feet of additional right -of -way on the east side of Highway 5 to provide room for dual left hand turn lanes. Anderlik stated that it is MNDOT's position that if change is to occur, it is driven by development and the City will have to pay for all costs. Anderlik recommended the City not contribute construction costs for improvements that are the State's responsibility. Anderlik suggested the City obtain an additional 12 feet of right -of -way from the Brackey property. Anderlik stated that it could probably be accomplished without cost if the City would allow setback from the current right -of -way line and allow additional right -of -way to be used for green space requirements for 411 development. Council directed City staff to negotiate with Mr. Brackey to obtain an additional 12 feet of right -of -way. Page 5 - City Council Minutes 04/22/97 Staff Report - Cover Park Neighborhood Request for Rezoning - Councilmember Robert, seconded by Turnquist, moved to table th issue indefinitely. Carried 5 -0. Support for Annexation of Screaton Property - Ray Kennedy, 1200 Nightingale Boulevard, stated that he was aware that David Screaton has obtained 20 percent of the signatures required to petition for annexation. Kennedy stated that he has talked with other affected building owners and most have indicated support for the proposal, but there are still some issues that need to be addressed. Council requested Kennedy identify the issues that need to be addressed in a letter. Council directed City staff continue to work with the affected property owners of the proposed annexation area to resolve issues. Petition for Annexation - Administrator Robertson stated that he received a formal petition for annexation from five property owners west of Highway 5 at 2:00 p.m., April 22, 1997. Council directed Robertson to schedule a meeting with Baytown Township to discuss annexation. New Business: Approve Street Sweeping Bid - Councilmember Turnquist, seconded by Swenson, moved to approve the low bid of $50 /hour from St. Croix Sweeping for street sweeping, with the City providing the • truck to haul the sweepings to a City provided site. Carried 5- 0. Council directed Robertson to check with St. Croix Sweeping on where they haul the sweepings before they would authorize him to haul the sweepings away. Set Party -in- the -Park Date - Councilmember Robert, seconded by Swenson, moved to schedule the Party -in- the -Park on Sunday, August 10, 1997, from 1:00 p.m. to 3:00 p.m. at Brekke Park. Carried 5 -0. Zoning Recommendations for the Haase Property - Councilmember Robert requested the Council review the City's current zoning ordinance to establish recommendations for zoning and lot size for the proposed residential development of the Haase property. City Planner Richards stated that the R1 zoning requires a minimum lot size of 10,400 square feet, R1A zone requires a minimum of 12,500 square feet, R1B requires a minimum size of 15,000 square feet, and R1C requires a minimum of 20,000 square feet. Richards stated that 95% of the Autumn Ridge neighborhood meets R1A zoning requirements. Council was in consensus that conceptually they preferred R1 zoning for the eastern part of the Haase land and R1A zoning for the western part of the Haase land. Approval of the Board of the Review Recommendations - Councilmember Turnquist, seconded by Beaudet, moved to adopt Resolution 97- 04 -20, A Resolution Approving the Recommendations of the Board of Review. Carried 5 -0. Page 6 - City Council Minutes 04/22/97 III Red Cross Grant - Councilmember Swenson, seconded by Turnquist, moved to approve a $2,000 grant to the Red Cross in appreciation of their work with City residents affected by the fire at Raymie Johnson Estates and for their efforts area wide regarding the recent flood. Carried 5 -0. Correspondence: Letter from Sunnyside II Condominium Association - Council directed City Arborist Ken Kaiser review the request from the Sunnyside II Condominium Association to provide five trees for the common area of the buildings of the Sunnyside II complex. Adjournment: Councilmember Turnquist, seconded by Swenson, moved to adjourn to closed session under attorney - client privilege to discuss pending litigation and union negotiations at 9:10 p.m. Carried 5 -0. Upon the end of the closed session, Councilmember Turnquist, seconded by Beaudet, moved to adjourn at 10:10 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson • City Administrator III OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, APRIL 8, 1997 Call to Order: The meeting was called to order at 7:10 p.m. by Acting Mayor Turnquist. Present: Councilmembers Beaudet, Robert, and Turnquist. Mayor Schaaf arrived at 7:13 p.m. Absent: Councilmember Swenson. Staff Present: City Administrator Robertson, City Engineer Anderlik, City Planner Richards, City Planner Teague, and City Attorney Vierling. Approval of Agenda: Mayor Schaaf noted that Councilmember Swenson was absent because he was fighting flooding problems as a member of the Bayport Fire Department. Councilmember Robert requested adding a letter from Washington County HRA. Mayor Schaaf requested adding discussion on the ordinance relating to employee compensation. Councilmember Turnquist, seconded by Beaudet, moved to approve the amended agenda. Carried 4 -0. Visitor Comments: Highway 5 Construction Schedule - Don Peterson, MNDOT construction engineer, presented MNDOT's construction timetable for the Highway 5 and Highway 36 project. Mr. Peterson stated that the Highway 5 bridge over Highway 36 will close the night of April 14, 1997 and the anticipated completion date is fall, 1997. • Tax Increment Financing Report - Dan Wilson - Wilson reviewed a preliminary study outlining the feasibility of utilizing Tax Increment Financing (TIF) to develop a light industrial park on the Haase property adjacent to Highway 36. Wilson stated that TIF could be a substantial financing tool for Oak Park Heights to help the City develop the site but additional study is warranted. Council was in consensus to schedule a workshop on Tuesday, April 22nd, 1997 at 4:30 p.m. with Wilson to further discuss issues related to TIF. Department Reports: Washington County Housing Redevelopment Authority Letter - Council reviewed a request from Washington County Housing Redevelopment Authority (HRA) requesting the Council write a letter in support of a grant they are seeking to do various improvements at Raymie Johnson Estates. Councilmember Turnquist, seconded by Robert, moved to send a letter on behalf of the City in support of the HRA's application. Carried 4 -0. Street Sweeping Bids - Administrator Robertson reported that he has advertised for street sweeping bids. Robertson stated that the Council should expect to approve the street sweeping bid at the next City Council meeting scheduled Tuesday, April 22, 1997. Mayor Schaaf requested that the process of obtaining street sweeping bids begin earlier next year and suggested a two year 110 contract be considered. Page 2 - Minutes 04/08/97 411 Display for City Council Minutes at the St. Croix Mall - Councilmember Robert requested the Council consider purchasing a bulletin board at the St. Croix Mall to display the City Council minutes and other information pertaining to Oak Park Heights. Administrator Robertson stated that Brad Henning, St. Croix Mall Manager, has already agreed that the City could use the wall space. Council directed Robertson to make it so. Association of Metro Municipalities - Administrator Robertson reminded the Council of the annual meeting of the Association of Metro Municipalities on Thursday, May 29th, 1997. Intern Advertisement - Council reviewed a copy of an advertisement for the intern position available at the City. Administrator Robertson stated that he has received applications for the intern position and will be conducting phone interviews next week. Robertson hopes to have the intern begin work in May. Cable - Councilmember Turnquist stated that the Cable Commission meets Wednesday, April 16, 1997 at 7:30 p.m. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Glen Sokola, 5921 O'Dell Avenue North. Oak Park Heights Business Group - Administrator Robertson reported that the OPHBG met and discussed the City's ordinance relating to signs and the Rainbow site plan. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - March 11, 1997 3. Approve Council Executive Session Minutes - March 18, 1997 4. Approve Council Meeting Minutes - March 25, 1997 5. Set Public Hearing for May 13, 1997 - Request for Minor Subdivision - 5850 -5852 Oxboro Avenue (East Oaks PUD) - Ventura Homes. 6. Set Public Hearing for May 13, 1997 - Request for Commercial Variance to Allow an Additional Accessory Building - Construction of a Bath House /Laundry Facility - Sunnyside Marina. 7. Set a Public Hearing - May 13, 1997 - Action Rental - Request for Planned Unit Development to allow construction of a Mini - Storage facility. 8. Set a Public Hearing - May 13, 1997 - C &D Enterprises - Request for Conditional Use Permit for Outside Storage of U -Haul Rental Vehicles. Councilmember Turnquist requested pulling Item 2 from the Consent Agenda. Councilmember Turnquist, seconded by Beaudet, moved to approve the Consent Agenda as amended. Carried 4 -0. • Page 3 - Minutes 04/08/97 411 Councilmember Turnquist stated that the sentence on Page 3 under Cable should read "and approved to hire an auditor to audit company books" and on page 5, the vote to adjourn at 11:40 p.m. should be carried "3 -0 ". Councilmember Turnquist, seconded by Robert, moved to approve the March 25, 1997 Minutes as amended. Carried 4 -0. Public Hearings: Terry & Susan Frederickson - Variance from Side Yard Setback for lot at Northwest corner of 56th Street & Newell Circle North - Autumn Ridge 3rd Addition - Mayor Schaaf opened the Public Hearing at 7:42 p.m. Terry and Susan Frederickson were present and requested a 1.1 foot setback variance from either the north or south (street side) property line in order to construct a new 2800 square foot home on Lot 17, Block 1 of Autumn Ridge Third Addition. Frederickson said that he needed the variance to construct the home to accommodate his disabled mother. Don Gibb, 5650 Newell Circle North, stated that he owned the house next to Terry and Susan Frederickson and preferred the house be moved closer to the street rather than to his house. City Planner Teague reviewed the staff report. Staff recommended the City Council deny the proposed variance because it was new construction and there was no hardship condition. Hearing no further comment, Councilmember Robert, seconded by Beaudet, moved to close the Public Hearing at 7:55 p.m. Carried 4 -0. Councilmember Beaudet, seconded by Turnquist, moved to deny the Variance from Side Yard Setback requested by Terry and Susan Frederickson. Motion failed 2 -2. Councilmember Robert and Mayor Schaaf opposing. Councilmember Robert, seconded by Beaudet, moved to continue this issue at the next City Council meeting scheduled Tuesday, April 22, 1997. Carried 4 -0. Proposed Oak Park Ponds hopping Center (Rainbow) Planned Unit Develo - 58th Street & Highway 5 - Oppidan Investment Company - Mayor Schaaf opened the Public Hearing at 8:04 p.m. Keith Ahlstad, Oppidan Investment Company, Al Kretman, HKS, Jeremy Mayberg, RSP, and Bill Beaupre, KKE, were present to review plans and answer questions regarding the proposed development. Kretman stated that they concurred with all of the recommendations in the staff report except the restriction on building signs. City Engineer Anderlik stated that stormwater ponding issues are close to resolution with an agreement which allows for each individual development in the area to provide its own stormwater ponding. Anderlik requested the City authorize a feasibility report for providing street and utility service to the area. Hearing no further comment, Councilmember Turnquist, seconded by Beaudet, moved to close the Public Hearing at 8:48 p.m. Carried 4 -0. Page 4 - Minutes 04/08/97 • Councilmember Turnquist, seconded by Beaudet, moved to approve Resolution 97- 04 -18, a Resolution Approving the Brackey West Addition Preliminary Plat, the PUD General Plan of Development for Phase 1 of Lot 1, Block 1, a variance to allow three identification signs 7.75 feet in height, and a variance to allow a 454 square foot wall sign on the facade of retail space "A" subject to the conditions outlined in the April 4, 1997 Staff Report. Administrator Robertson stated that Oppidan Investment Company would like to begin grading the site and have requested the City grant a temporary grading permit. Councilmember Beaudet, seconded by Robert, moved to issue a temporary grading permit to Oppidan Investment Company. Carried 4 -0. Councilmember Robert, seconded by Beaudet, moved to authorize the City Engineer to prepare a feasibility report regarding street and utility improvements on the Brackey West Addition. Carried 4 -0. Unfinished Business Screaton Annexation Application Report - Council reviewed a letter from City Attorney Vierling in response to David Screaton's proposal to advance the cost of extending municipal water and sewer service to the Screaton land and Kern Center • area. Vierling stated that it is possible for the City of Oak Park Heights to enter into an agreement to allow Screaton to advance the costs of extending municipal water and sewer service and to be paid back as people hook up to the system. Barb Engle, 12058 North 55th Street, Baytown, asked why the engineering report did not include all of the property west of Highway 5 to the Lake Elmo border. Vierling stated that the report was prepared in response to the proposal by David Screaton to pay for municipal water and sanitary sewer to the Screaton property and Kern Center area only. Screaton emphasized that his proposal extends only for his property and Kern Center. Engle asked how the Manning Avenue Corridor study would affect the proposed annexation area. Administrator Robertson said that he did not know, as this was a County study that had just started. Robertson stated that the next meeting of the Manning Avenue Corridor Study was Wednesday, April 9. John Low, 324 South Main, Stillwater, requested the Council schedule a workshop with affected property owners to discuss the consequences of Screaton's proposal and issues relating to annexation. Councilmember Beaudet, seconded by Robert, moved to set a special workshop to discuss issues related Screaton's proposal and annexation on Thursday, April 17, 1997 at 4:30 p.m. at City Hall. Carried 4 -0. • Page 5 - Minutes 04/08/97 Annexation Area Park Design - City Planner Richards reviewed a report detailing possible park designs and boundaries, as requested by the Haase family and Tim Nolde. Tim Nolde, Daryl Haase, and Linda Haase Pilgreen were present. Nolde also submitted a proposed park and subdivision plan. Council was in consensus that the east -west park concept, designated as "Plan A ", was preferable. Councilmember Robert stated that the Parks Commission would review the concept plans and make recommendations at the next Parks Commission meeting scheduled Tuesday, April 16th, 1997. Nolde requested the Council set the southern and eastern boundaries of the park so he can proceed with development plans. After considerable discussion, Councilmember Beaudet, seconded by Robert, moved to approve Concept Plan A for eastern and southern boundaries of the park on the 40 acres in question, subject to park access changes. Carried 3 -1. Councilmember Turnquist opposing. New Business: Staff Report - Cover Park Neighborhood Request for Rezoning - City Planner Teague reviewed a Staff report prepared in response to some Cover Park residents' request that the City rezone a large portion of land currently zoned R -2, Low and Medium Density Residential to R -1, Single Family Residential in the area south of 59th Street, east of Peabody Avenue, and west of Highway 95. Council discussed land use issues and structures that would be • defined as non - conforming if the land was rezoned. City Attorney Vierling stated that the petition was signed by a very small percentage of residents /property owners who live in the area. Councilmember Robert, seconded by Turnquist, moved to table discussion until the next Council meeting. Carried 4 -0. Lighting Ordinance Discussion - Council reviewed a memo from City Planner Richards regarding the lighting regulation material provided by Councilmember Robert. Council directed City Planner Richards draft a proposed lighting ordinance. Council directed Administrator Robertson measure the light intensity at Stillwater Ford, the car wash, and Amoco station to see if they would meet current lighting regulations. Council Chamber Remodeling Plans - Council was in consensus to table discussion of this issue. Joint Powers Agreement - City of Bayport - Hydrant Flushing - Councilmember Robert, seconded by Schaaf, moved to approve the Joint Powers Agreement with the City of Bayport to undertake the flushing of fires hydrants. Carried 4 -0. Public Hearing to Discuss the Ordinance Relating to Employee Compensation - Mayor Schaaf, seconded by Turnquist, moved to set a Public Hearing for Tuesday, May 13, 1997 at 7:30 p.m. to discuss amending the ordinance relating to employee compensation. Carried 4 -0. Page 6 - Minutes 04/08/97 • Correspondence: DNR Letter - Water Supply Plan Approval - Council reviewed a letter from the DNR stating that Oak Park Height's Water Supply Plan has been approved. NSP Tax Rate Reduction Bill - Administrator Robertson updated Council on the State Senate hearing that was held on the Utility Tax Reduction bill earlier that evening. He reported that the only portion of the bill that passed out of committee was the portion requiring a study of the issue during the summer. The portions reducing the utility tax over ten years and requiring that the tax be designated in some way on people's utility bills was removed. Mayor Schaaf said he thought that this substantially reduced the chances of any utility tax reduction occurring this legislative session. Adjournment: Councilmember Beaudet, seconded by Robert, moved to adjourn to a closed session under attorney - client privilege to discuss pending litigation at 11:01 p.m. Carried 4 -0. Upon the end of the closed session, Councilmember Beaudet, seconded by Robert, moved to adjourn at 11:27 p.m. Carried 4 -0. Respectfully submitted, A • Michael Robertson City Administrator IIM CITY OF OAK PARK HEIGHTS III BOARD OF REVIEW MEETING MINUTES, MONDAY, APRIL 8, 1996 Call to Order: The Board of Review meeting was called to order at 5:00 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, and Turnquist. Absent: Councilmember Swenson. Staff present: City Attorney Vierling. In attendance from the Washington County Assessor's Office were County Assessor Scott Hovet, Assessor Dave Stepan, and Becky Radke. In attendance with questions about their valuation were; John Mielke, 5055 Upper 63rd Street Mary Palmer, 6472 Osman Ave Brian Jones, 15331 58th Street Thomas Huninehefer, 6407 St. Croix Trail Gerald Ellingsen, 15100 63rd Street Gary Hudson, 5705 Penfield Ave Gregory Thomas, 13575 60th Street Tom Steinke, 5405 Odell Ave Herbert Bohman, for the Howard Pagel home at 14295 57th Street Terry Anderson, 14220 Upper 54th L etters regarding their valuation were received from; Jeff Peterson, 14255 56th Street Todd Butterfield, 6413 St. Croix Trail Wanda Donahue, 5500 O'Brien Ave Mielke noted that his valuation had increased from $79,100 in 1996 to $83,800 in 1997 to $92,200 in 1998. Council requested the Assessor re- examine the home. Palmer noted her valuation was increasing from $101,900 to $114,800. Council requested the Assessor re- examine the home. Jones noted that his valuation had increased on both his building and his lot. Council requested the Assessor re- examine the home. Huninehefer said his valuation had not increased for several years but had questions about his taxes. Ellingsen said that his valuation had increased from $81,000 in 1995 to $85,300 in 1996 to $90,100 in 1997 and now to $97,100 in 1998. He said a real estate appraiser had recently appraised his property at $85,500. Council requested the Assessor examine the appraisal and the home. Hudson said that his valuation had increased from $62,200 to $66,500 and that a realtor had told him he thought the house was worth about $63,000. Council requested the Assessor re- examine the home. 411 Steinke said that his valuation had increased from $126,600 to $133,300. Council requested the Assessor re- examine the home. Bohman said that the valuation of the Pagel home had increased $10,000 and he thought the home was in bad condition. Council requested the Assessor re- examine the home. Anderson said that his valuation had increased from $123,300 in 1995 to $128,800 in 1996 to $144,700 in 1997 to $152,700 in 1998. Council requested the Assessor re- examine the home. The letters of Peterson, Butterfield, and Donahue all objected to increases in their property value. Council requested the Assessor re- examine all of these properties. With there being no further comments the Board of Review was adjourned at 6:25 p.m. until April 22, 1997 at 6:00 p.m. Carried 4 - 0. Respectfully submitted, Michael Robertson City Administrator 111 .e----,,-_-___ 410 • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, MARCH 25, 1997 Workshop Call to Order: Deputy Mayor Turnquist opened the workshop at 4:30 p.m. Present: Councilmembers Beaudet, Robert, Swenson, & Turnquist. Mayor Schaaf arrived at 4:50 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, Deputy Clerk /Finance Director Holst, City Auditor Mol, City Planner Richards, and City Engineer Anderlik. 1996 Audit Report - City Auditor Mol of Tautges, Redpath, Inc., presented the 1996 Audit Report. Mol reported that their audit had found the City in compliance with Government Auditing Standards. Council discussed financial reserves, tax collection rate, bonds, fiscal disparities, connection charges, and possible future financial problems with Mol. Mol reported that the Sewer Fund was losing money due to increased charges from the Metropolitan Council in the last few years. Council directed the Finance Director and the City Engineer to examine the amount of users over the minimum, examine the number of commercial accounts with large seasonal fluctuations, and examine the City of Stillwater minimum charge and report back to the Council. The Council was in consensus that the following would be done; • 1) "Lost" TIF would be placed in the Capital Improvements Fund starting in 1997. 2) Any payment to settle the Junker Landfill lawsuit would be taken from the General Contingency Fund reserve. 3) Future proposed payments for the St. Croix Sports Facility would be listed in the Capital Improvements Fund. 4) A Health Insurance reserve would be established and the amount budgeted for this item would be reduced in 1998. Council directed staff to check on the restrictions on TIF District funds. Health Insurance - Bob Zaczkowski of Zaczkowski Insurance and Jim Arves of CBSA were present and explained how the City's self funded health insurance worked. They reported that the savings to the City in the four years this program has been in effect have totaled $81,529. Annex Area Park Boundaries - Time Nolde, Daryl Haase, and Linda Haase Pilgreen were present to discuss the proposed boundaries of the proposed Annex Area Park. The Haase's stated that they wanted the boundaries of the park defined before they sold any land to developers. There was considerable discussion of this issue. • Page 2 - Minutes 03/25/97 411 Call to Order: The regular meeting was called to order at 7:18 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson, and Turnquist. Staff Present: City Administrator Robertson, City Engineer Anderlik, City Planner Richards, and City Attorney Vierling. Approval of Agenda: Councilmember Swenson requested that a memo summarizing his recent testimony at a State Hearing regarding NSP's property tax reduction proposal be added to the agenda. Councilmember Beaudet requested striking Item #2 under Unfinished Business from the agenda. Councilmember Robert requested adding the Manning Avenue Corridor Study to the agenda. Councilmember Swenson, seconded by Beaudet, moved to adopt the agenda as amended. Carried 5 -0. Visitor Comments: Tim Nolde - Proposed Development - Tim Nolde stated that he would like to proceed with plans for a single family development on the Haase property, but he needs to know the boundaries for the proposed park. Councilmember Turnquist, seconded by Swenson, moved to direct City staff to develop recommendations on boundaries for the proposed park. Carried 5 -0. East Oaks Minor Subdivision - Terry Rothenbachr of Pioneer Engineering was present representing East Oaks Addition to • request that the City Council lift a stop work order so construction could continue on a home in Oak Park Heights. Rothenbachr noted that the home under construction will require the City's approval of a minor subdivision of the property. City Attorney Vierling explained that the property under construction is a twin home. A recent survey showed that the property line and the center of the structure do not line up and a stop work order was issued. Rothenbachr stated that the building is not encroaching on any setback area and no variance will be required. Rothenbachr further indicated that the discrepancy was his error due to a mistake in his original survey. Councilmember Robert, seconded by Beaudet, moved to lift the stop order upon receipt of the minor subdivision application by the builder, with the further requirement that the builder acknowledge in writing that they are proceeding at their own risk without City's approval of the minor subdivision. Carried 5 -0. Department Reports: Arson Fire Damage - Chief Swanson reported that a recent fire caused $250,000 in damages to the Raymie Johnson housing complex. Swanson stated that the initial inspection indicated that the fire was caused by arson and that an arrest was made and the individual has been charged with first degree arson. Weapons Arrest - Chief Swanson stated that his department worked . with the North St. Paul Police Department in apprehending individuals who were displaying weapons while driving a car. Page 3 - Minutes 03/25/97 411 Valley View Park Complaint - Councilmember Swenson stated that he has received complaints from people in his neighborhood concerning individuals loitering in Valley View Park. Chief Swanson encouraged residents to call the Police if they encounter any problems in City parks. Councilmember Swenson stated that he will work with the Police Department to establish a Neighborhood Watch program in his neighborhood. Valley View Park Restoration Committee - Councilmember Robert stated that the Valley View Park Restoration Committee will conduct a walk- through in Valley View Park on April 16, 1997. Council Workshop Schedule - Council was in consensus to end Council workshops no later than 6:30 p.m. Cable - Councilmember Turnquist reported that the Cable Commission approved the corporate budget, hired Decision Resources to conduct a community survey, hired an attorney who specializes in issues related to the cable industry to work on re franchising, and authorized the hiring of an auditor to audit company books. Middle St. Croix Water Management Organization - Councilmember Beaudet reported that the WMO meets Wednesday, March 26, 1997 at 7:00 p.m. at Bayport City Hall. • Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Eugene Dierecks, 15082 64th Street. Oak Park Heights Business Group - Administrator Robertson stated that the OPHBG will meet Wednesday, April 2, 1997 at 7:30 a.m. at the St Croix Mall and discuss the City's sign ordinance. Consent Agenda: 1. Approve Bills and Investments 2. Budget Amendment - Safe and Sober Program 3. Request for Final Payment - Ryan Contracting - Autumn Ridge 2nd Addition Utility and Street Improvements - $3,588.30 Councilmember Turnquist, seconded by Beaudet, moved to approve the Consent Agenda. Carried 5 -0. Public Hearing: Proposed Oak Park Ponds Shopping Center (Rainbow) - 58th Street and Stillwater Area High School - Oppidan Investment Company - Mayor Schaaf opened the public hearing at 7:39 p.m. Keith Ulstad, Oppidan Investment Company, Bill Beaupre, KKE Architects, Bill Witrock, RSP Architects, and Allen Kretman, HKS Engineers /Planners, were present to present plans and answer • questions regarding the proposed development. Page 4 - Minutes 03/25/97 • City Planner Richards said that Oppidan Investment Company submitted a revised PUD Concept Plan dated March 17, 1997 for the development of the Oak Park Ponds shopping center. Richards noted that there were significant issues related to the alternation of the design and layout of the site and recommended the March 17, 1997 PUD Concept Plan be denied. Richards recommended approval of the original PUD Concept Plan dated February 13, 1997. City Engineer Anderlik recommended that a detailed stormwater plan be developed that identifies the location of stormwater ponds for other areas of the Brackey West Addition. Jim McGovern, attorney for Bob Brackey, requested that the city identify the acre feet requirement so the stormwater ponding issues can be resolved. Mick Meinert, 5735 Newberry Avenue North, stated that he was concerned about the development being located near the high school due to the amount of traffic the development would generate and the possibility of decreased property values. Mayor Schaaf stated that when the land was annexed for the high school that the School District knew that all of the area north of 58th Street was planned for commercial development. Mayor Schaaf further indicated that 58th Street was constructed as a ill four lane road in order to handle the projected traffic and that people moving into the Autumn Ridge subdivision should have been aware that the area to their north would be developed commercially. Administrator Robertson said that property values had been steadily climbing in the area and that he did not see them decreasing in the Autumn Ridge neighborhood due to close proximity to commercial development. Hearing no further comments, Councilmember Swenson, seconded by Turnquist, moved to close the Public Hearing at 8:50 p.m. Carried 5 -0. Councilmember Turnquist, seconded by Swenson, moved to approve the original PUD Concept Plan subject to the conditions outlined in the February 13, 1997 Planning Report. Carried 5 -0. Council noted that this motion does not grant approval of the application for preliminary plat approval of the Brackey West Addition. Carried 5 -0. Set a Public Hearing for the General Plan Unit Development Approval - Councilmember Turnquist, seconded by Beaudet, moved to set a Public Hearing for the General Plan and Development Plan approval for April 8, 1997. Carried 5 -0. Continuation of Public Hearing for the Brackey West Addition Preliminary Plat - Councilmember Swenson, seconded by Robert, moved to continue the Public Hearing for the Brackey West Addition Preliminary Plat approval to April 8, 1997. Carried 5- • 0. Page 5 - Minutes 03/25/97 411 Unfinished Business Preliminary Report - Water and Sewer Extensions - West Highway 5 and Study Area - City Engineer Anderlik reviewed the Preliminary Report on Water and Sewer Extensions for the West Highway 5 Study Area. Anderlik stated that developing area in the vicinity of the Rainbow Foods site should be served with a sewer line which would be extended from the Krueger lift station on the frontage road. Anderlik noted that this sewer line could be oversized to provide additional capacity west of Highway 5 at a cost to the City of $5,000, which the City would recoup with development of that area. Anderlik indicated that sewer capacity was available to serve all the Screaton property and Kern Center with public utilities, as long as there were some restrictions on land uses. Anderlik recommended that no heavy water users be allowed to locate in this area because there would not be enough sewer pipe capacity. Anderlik indicated that there was currently not enough sanitary sewer capacity to serve the area lying west of Kern Center and north of 55th Street. He stated that additional capacity could be provided by replacing the sewer pipe which currently runs along the frontage road from Oakgreen Avenue west to the Krueger lift station with a larger capacity pipe. He estimated this would cost approximately $100,000. David Screaton was present and offered to pay the full cost of sewer and water line extensions to his property, on the condition that he is reimbursed when Kern Center property owners hook into the line in the future. John Low, 324 South Main, Stillwater, stated that he has industrial properties in Kern Center and is in favor of the sewer and water line extension and of being annexed into the City. Councilmember Turnquist, seconded by Robert, moved to direct City Attorney Vierling to review the financing proposal and review the issues regarding annexation. Carried 5- 0. Application for Outdoor Recreation Grant for Brekke Park - City Planner Richards reviewed the application for the Outdoor Recreation Grant for Brekke Park. Councilmember Robert, seconded by Beaudet, moved to adopt Resolution 97- 03 -16, A Resolution Approving the Application for the Outdoor Recreation Grant for Brekke Park. Carried 5 -0. Application for Cooperative Trail Grant Program for the 58th Street Trail Connection - City Planner Richards reviewed the application for the Cooperative Trail Grant Program. Councilmember Robert, seconded by Beaudet, moved to adopt Resolution 97- 03 -17, A Resolution Approving the Application for the Cooperative Trail Grant Program for the 58th Street Trail Connection. Carried 5 -0. Page 6 - Minutes 03/25/97 III 110 New Business: Resolution 97 -03 -15 - A Resolution Approving the Decertification of Housing Tax Increment Financing District No. 1 - Councilmember Turnquist, seconded by Swenson, moved to adopt Resolution 97 -03- 15 - A Resolution approving the decertification of Housing Tax Increment Financing District No. 1. Carried 5 -0. Review of MNDOT Memorandum of Opposition - Council reviewed the MNDOT Memorandum of Opposition. Manning Avenue Corridor Study - Council directed City Planner Richards and City Engineer Anderlik review the study and make recommendations. Correspondence: Washington County Public Works Department - Bicycle and Pedestrian Facilities Review for Osgood Avenue - Council reviewed correspondence from Washington County regarding the City's desire to add provisions for bicycle and pedestrian traffic on to the County's CSAH 24 pavement preservation project. State Legislative Hearing on NSP's Property Tax Relief Proposal - Council reviewed a memo prepared by Councilmember Swenson summarizing testimony he gave at a recent State Hearing on NSP's property tax relief proposal. A djournment: Councilmember Turnquist, seconded by Beaudet, moved to adjourn to closed session under attorney - client privilege to discuss pending litigation at 10:55 p.m. Carried 5 -0. Councilmembers Swenson and Turnquist left at 11:10 p.m. Upon the end of the closed session, Councilmember Robert, seconded by Beaudet, moved to adjourn at 11:40 p.m. Carried 3 -0. Respectfully submitted, - e Michael R.bertson City Administrator III 411 Oak Park Heights Emergency Executive Session, Tuesday, March 18, 1997 Call to Order: The meeting was called to order at 6:10 p.m. by Acting Mayor Turnquist. Present: Councilmembers Beaudet and Robert. Absent: Mayor Schaaf and Councilmember Swenson. Staff Present: Deputy Clerk /Finance Director Holst. Councilmember Robert, seconded by Councilmember Beaudet, moved to accept settlement of $100,000 for the Junker Landfill Trust litigation and authorize Mayor and City Administrator to sign Consent Decree relating to the Junker Sanitary Landfill Inc. Site. Carried 3 -0. Adjourned at 6:30 p.m. Judy Holst Deputy Clerk /Finance Director 411 OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, MARCH 11, 1997 Call to Order: The meeting was called to order at 7:05 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, Swenson and Turnquist. Staff Present: City Administrator Robertson, City Attorney Vierling, City Planner Richards, and City Engineer Anderlik. Approval of Agenda: Administrator Robertson requested a letter from Oak Park Heights residents requesting a zoning change be added to the agenda. Councilmember Robert requested that discussion of a Lighting Ordinance be added to the agenda. Councilmember Turnquist, seconded by Robert, moved to approve the March 11, 1997 City Council Agenda as amended. Carried 5 -0. Visitor Comments, Questions, or Concerns: Proposed Oak Park Ponds Shopping Center (Rainbow) - 58th Street and Stillwater Area High School - Oppidan Investment Company - Administrator Robertson stated that the Oak Park Ponds shopping center proposal was placed under the Visitors section rather than the Public Hearing section because Oppidan Investment Company has been unable to complete their application because they have not 410 provided the City with names of all property owners located within 350 feet of their proposed shopping center. Oppidan requested this information from Washington County several weeks ago but they have not received the list. Robertson stated that the City Council can discuss the proposal, but they can not take any official action on it without a complete application. Councilmember Turnquist, seconded by Swenson, moved to set a Public Hearing for the proposed Oak Park Ponds Shopping Center (Rainbow) for Tuesday, March 25, 1997 at 7:30 p.m. at City Hall. Carried 5 -0. Keith Ulstad, Oppidan Development Company presented plans to construct a 150,000 square foot shopping center near the southeast intersection of Highway 36 and Highway 5. He noted that they hope to have the shopping center completed by October, 1997. Council discussed general concerns regarding access points, traffic, landscaping, screening of the nearby residential neighborhood, and construction of a traffic signal on 58th Street. Ulstad requested that the traffic signal assessment go through the normal assessment process. City Attorney Vierling recommended that it be part of the developer's agreement with Oppidan. Jim McGovern - Jim McGovern, attorney for Bob Brackey, requested the City consider re- zoning the entire parcel of land owned by • Bob Brackey, rather than just the parcel planned for development by Oppidan Investment Company. No action was taken. Page 2 - City Council Minutes 03/11/97 • Tim Nolde - Proposed Development - Tim Nolde announced that he has an agreement to purchase the Haase property and plans to develop the area only with single family homes. Mr. Nolde said that he would like to be able to show a model home this fall and asked whether the City could extend 58th Street this summer. Council directed City staff work with Tim to determine if it is feasible to extend 58th Street this summer. Department Reports: 58th Street Study - Administrator Robertson stated that Police Chief Swanson is in the process of conducting speed and safety check on 58th Street. Parks Commission - Councilmember Robert stated that the Parks Commission will meet Tuesday, March 18, 1997 at 6:30 p.m. at City Hall. Future Workshops - Administrator Robertson reminded the Council of upcoming workshops. Robertson stated that City Auditor David Mol of Tautges, Redpath will be presenting the Annual Audit at the March 25, 1997 meeting. Robertson said that he also scheduled Bob Zachowski, the City's insurance agent, to explain how the City's self- funded medical insurance works. Robertson • suggested that the Council reserve the entire workshop period for these speakers. Robertson also reminded that the Annual Board of Review will start at 5:00 p.m. before the April 8, 1997 meeting and the continuation of the Board of Review meeting will start at 6:00 p.m. before the April 22, 1997 meeting. Cable - Councilmember Turnquist stated that the Cable Commission will meet Wednesday, March 19th, 1997 at 6:00 p.m. at City Hall. Recycling Award - Administrator Robertson stated that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Scott Bohl, 15417 56th Street. Water Management Organization - Councilmember Beaudet reported that the Middle St. Croix Watershed is developing a plan to solve flooding problems with Perro Pond. Councilmember Beaudet stated that the proposed cost of the project to the City would be over $300,000. Council directed City Engineer Anderlik review the plan and make recommendations to the Council. Oak Park Heights Business Group - Mayor Schaaf reported that the OPHBG met on Wednesday, March 5, 1997. A representative from the State Chamber of Commerce discussed their proposed plan to reduce commercial property taxes. Administrator Robertson also spoke on the Utility tax break proposal. Page 3 - City Council Minutes 03/11/97 • Bridge Reports - City Administrator Robertson stated that State received bids for the Highway project. Bridge a expects to let the contract by the end of March. Council State ee directed Robertson to invite the project manager to the March 25th City Council meeting to discuss MNDOT's timetable for the Highway 5 Bridge project. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - February 25, 1997 3. Request for Final Payment - Danner, Inc. - Haase Addition, Street & Utility Improvements - $13,779.89 4. Set Public Hearing for April 8, 1997 - Request for Variance from Side Yard Setback - 5640 Newell Circle North - Terry and Susan Frederickson Administrator Robertson requested pulling Item 4 - Set Public Hearing for April 8, 1997 - Request for Variance from Side Yard Setback - 5640 Newell Circle North - Terry and Susan Frederickson. Councilmember Turnquist requested pulling Item 2, Approve Council Meeting Minutes - February 25, 1997 from the Consent Agenda. Councilmember Turnquist, seconded by Swenson, moved to approve • the Consent Agenda. Carried 5 -0. Councilmember Turnquist questioned language on the last sentence on Page 5 regarding Home Occupation Permits. Upon explanation from Robertson, Councilmember Turnquist, seconded by Beaudet, moved to approve the minutes as presented. Carried 5 -0. Robertson stated that Terry and Susan Frederickson would like to build a home in the Autumn Ridge development, but they can not fit the house on the lot without a one foot variance from the side yard setback. Robertson stated that the Fredericksons are requesting a one foot variance. City Planner Richards stated that the Fredericksons need to prove a burden of hardship. Councilmember Swenson, seconded by Beaudet, moved to set a Public Hearing for the Fredrickson's request for April 8, 1997 at 7:30 p.m. Carried 5 -0. Unfinished Business Approve Audio Equipment Bid - Administrator Robertson reported that he received only a few phone calls on the question of whether or not the City needs to improve the audio on the cable broadcasts. Robertson stated that some people can not hear the broadcast and other people had no complaints. Councilmember Swenson, seconded by Turnquist, moved to accept the bid of EPA Audio Visual for $9,747.00 for the installation of audio equipment to improve the City's cable broadcasts. Carried 3 -2. Councilmembers Beaudet and Robert opposing. Page 4 - City Council Minutes 03/11/97 411 New Business: Resolution 97 -03 -14 - A Resolution Establishing a One Year Pilot Program Governing the Use of Paper Bags for Removal of Yard Waste - Vince Vanella, representative for United Waste Management, announced that paper bags for recycling grass clippings, leaves, etc., will be available at Ace Hardware and Cub Foods. Vanella stated that the yard waste recycling program will be conducted from April 1st to November 15th, weather permitting. Recycling bags will be available for pickup on March 22 and April 5th at Stonebridge Elementary, Stillwater Senior High School and Stillwater Junior High School. Councilmember Turnquist, seconded by Robert, moved to adopt Resolution 97 -03 -14 - A Resolution Establishing a One Year Pilot Program Governing the Use of Paper Bags for Removal of Yard Waste. Carried 5 -0. Council reviewed a pamphlet prepared by United Waste Management regarding the recycling program. Council noted discrepancies between the United Waste's requirements for bundling of recycled material in the pamphlet and requirements outlined in the City's contract. Councilmember Swenson said he would work with United Waste Management regarding recycling specifications. • Update on NSP Tax Reduction Proposal - Administrator Robertson stated that State Representative Loren Jennings has introduced a bill proposing a property tax reduction for NSP and other electric utilities. Robertson reported that the NSP King Plant accounts for 450 of the City's tax base. He indicated that if this were removed from the tax rolls the City would lose $678,190.00 in revenue. Robertson said that if the City, the School District, and the County all increased their tax levies to make up for the lost revenue, it would mean a tax increase of over 25% for every property owner in the City. Councilmember Robert asked how the loss of revenue from the NSP property tax would affect Fiscal Disparities. Robertson indicated that he had asked City Auditor Mol to try and calculate what effect the loss of revenue from NSP would have on Fiscal Disparities and Local Government Aid, but that Mol was having a difficult time locating the necessary information. Bridge Mediation Resolution - Councilmember Robert, seconded by Beaudet, moved to adopt a resolution to support funding for the new St. Croix River crossing. Upon further discussion, Councilmembers Robert and Beaudet withdrew their motion. Councilmember Robert, seconded by Beaudet, moved to indicate support for the resolution pending before the State Legislature which would encourage mediation and preserve funding for the new St. Croix River crossing. Carried 5 -0. Page 5 - City Council Minutes 03/11/97 Request for Hearing - DNR Bridge Permit - Council reviewed a letter prepared by City Attorney Vierling, at the request of Mayor Schaaf, requesting a hearing on MNDOT's application to the Minnesota DNR for a permit for the proposed St. Croix crossing. The DNR has granted the permit, which is subject to a 30 day period in which it can be appealed. Vierling stated that the City can be charged up to $750.00 in court costs if it loses the appeal. Mayor Schaaf, seconded by Robert, moved to approve the request for a hearing regarding the DNR bridge permit. Carried 4 -1. Councilmember Swenson opposing. Councilmember Beaudet Memo - Councilmember Beaudet requested tabling discussion on this issue. Lighting Ordinance - Councilmember Robert stated that residents of the Autumn Ridge neighborhood expressed concern regarding the potential of light pollution due to the proposed development of Menard's and the Rainbow shopping center. Robert suggested that the City consider developing a more restrictive lighting ordinance. Council directed City Planner Richards to review the standards for lighting and report back to the Council. Correspondence: Letter from Bill Luther - Council reviewed a letter from Congressman Bill Luther requesting state and local officials, representatives of the National Park Service and the Department of Interior, Federal Highway Administration and the Department of Transportation, and other affected parties, participate in finding a solution regarding the St. Croix River Bridge. Letter from Lower Oak Park Heights Residents - Request for Zoning_ Change - Councilmember Robert stated that residents near Cover Park are requesting that the City rezone the area around Cover Park from the current designation of R -2 to a designation of R -1. She indicated that the residents have noticed a large decrease in traffic in the area as a result of the removal of multi - family housing. Council directed City Planner Richards review the current zoning and report on the request at the April 8th, 1997 City Council meeting. Adjournment: Councilmember Swenson, seconded by Beaudet, moved to adjourn to a closed session under attorney - client privilege to discuss pending litigation at 10:18 p.m. Carried 5 -0. Upon the end of the executive session, Councilmember Beaudet, seconded by Swenson, moved to adjourn at 10:31 p.m. Carried 5 -0. Respectfully submitted, � Robertson !r City Administrator OAK PARK HEIGHTS • CITY COUNCIL MINUTES, TUESDAY, FEBRUARY 25, 1997 Call to Order: The meeting was called to order at 7:15 p.m. by Acting Mayor Turnquist. Present: Councilmembers Beaudet, Robert, and Swenson. Absent: Mayor Schaaf. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Engineer Anderlik. Visitor Comments, Questions, or Concerns: There were no visitor comments. Department Reports: Autumn Ride Nei•hborhood M-etin• - Administrator Robertson stated that he attended an Autumn Ridge neighborhood meeting with • the developers of the proposed Rainbow Shopping Center. Robertson said that residents raised concerns regarding speeding on 58th Street, and said that it is hard to make a left hand turn from the development on to 58th Street. Robertson said that Police Chief Swanson will be investigating the complaints. Request for Update on Status of Burglary Suspect - Councilmember Robert requested that Chief Swanson report on the history of the burglary suspect who has been vandalizing homes in Oak Park Heights. Councilmember Robert commended the Police Department for catching the burglary suspect. • Annex Area Park - Councilmember Robert said that the Parks Commission met last week and reviewed the plans for Annex Area Park. Conservation Grant for Valley View Park - Councilmember Robert stated that City is applying for a grant for the restoration of prairie in lower Valley View Park. She said that the Parks Commission recommended the City hire Andy Weaver, a teacher of Environmental Biology at Stillwater Area High School, to assist in the preparation of the site plan. Councilmember Robert stated that Weaver is offering his services for $45.00 per hour. Acting Mayor Turnquist stated that he would like to delay discussion on this issue until the next meeting since he is not familiar with the issue. Councilmember Robert stated that the Parks Commission needs to move forward as quickly as possible because of the June 1, 1997 application deadline, and she updated the Council regarding the history of this issue. Councilmember Swenson, seconded by Beaudet, moved to approve the hiring of Andy Weaver at a rate of $45.00 per hour, with a maximum of 30 hours, to serve as consultant for developing and implementing a site plan to restore lower Valley View Park. Carried 4 -0. • Page 2 - City Council Minutes 02/25/97 • Garden Committee - Councilmember Robert stated that the Garden Committee will meet Thursday, March 20, 1997 at City Hall. Robert encouraged anyone interested in serving on the Garden Committee to attend the meeting. Garden Committee Spring Perennial Sale - Councilmember Robert reported that the Garden Committee will hold a spring perennial sale on Saturday, May 17, at 9:00 a.m. at Cover Park. League of Minnesota Cities Insurance Settlement - Administrator Robertson stated that the League of Minnesota Cities Insurance Trust has reversed its decision and will be settling claims from Don Job and John and Mary Skoglund for damage to their basements as a result of a sewer backup. Cable - Acting Mayor Turnquist reported that Ann Bodlovick was elected president of the Cable Commission and he was elected Secretary /Treasurer at the last Cable Commission meeting. The next Cable Commission meeting will be March 19, 1997 at Oak Park Heights City Hall. Middle St. Croix Water Management Organization - Councilmember Beaudet stated that the next WMO meeting is scheduled for Wednesday, February 26, 1997 at 7:00 p.m. at Bayport City Hall. • Recycling Award - Administrator Robertson stated that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Paul Glaser, 14638 Upper 56th Street. Oak Park Heights Business Group - Administrator Robertson stated that the OPHBG will meet Wednesday, March 5, 1997 at 7:30 p.m. at Applebee's. Robertson said that a representative from the Minnesota Chamber of Commerce will discuss their proposal to reduce the commercial tax rate. Robertson indicated that he will update the OPHBG on the NSP Property Tax Reduction Proposal. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - February 11, 1997 3. Request for Payment - Nordling Construction -ADA Improvements - $2,674.00 4. Goodwill Memorandum Agreement Councilmember Robert, seconded by Swenson, moved to approve the Consent Agenda, with the addition of the Goodwill Memorandum Agreement. Carried 5 -0. • Page 3 - City Council Minutes 02/25/97 Public Hearings: Request for Minor Subdivision & Variance - William and Deborah Simonet - 5976 Stagecoach Trail - Acting Mayor Turnquist opened the public hearing at 7:30 p.m. William and Deborah Simonet of 5976 Stagecoach Trail and their attorney Dan Rosen were present to answer questions. City Planner Richards reviewed the staff report. Richards stated that the proposed subdivision would create two lots. Lot 1 would be 12,977 square feet, with a width of 64 feet, and Lot 2 would be 12,010 square feet, with a width of 67.44 feet. Richards recommended the variance be granted due to the specific hardship conditions listed in his report, and with compliance with the conditions listed in the report. Administrator Robertson stated that the Simonets have requested that the payment of the park dedication fee be delayed until they file for a building permit. Council had no objection to this request. Councilmember Swenson, seconded by Robert, moved to close the Public Hearing at 7:35 p.m. Carried 4 -0. Councilmember Swenson, seconded by Robert, moved to approve the Request for Minor Subdivision and Variance by William and Deborah Simonet, based on the hardship conditions listed in the staff report, contingent upon compliance with the conditions listed in the staff's report, and with those conditions to be complied with upon split 111 approval. Carried 4 -0. Proposed Amendment of City Comprehensive Plan for District 13 - Acting Mayor Turnquist opened the Public Hearing at 7:40 p.m. City Planner Richards reviewed the Comprehensive Plan Amendment for District 13. Hearing no objections, Councilmember Swenson, seconded by Robert, moved to close the Public Hearing at 7:46 p.m. Carried 4 -0. Councilmember Swenson, seconded by Robert, moved to adopt Resolution 97- 02 -11, A Resolution Approving the Comprehensive Plan Amendment for District 13. Carried 4 -0. Proposed Amendment of City Comprehensive Plan for District 15 - Acting Mayor Turnquist opened the Public Hearing at 7:47 p.m. City Planner Richards reviewed the Comprehensive Plan Amendment for District 15. Hearing no objections, Councilmember Swenson, seconded by Councilmember Robert, moved to close the Public Hearing at 7:50 p.m. Carried 4 -0. Councilmember Robert stated that residents affected by the Comprehensive Plan Amendment attended a Council Workshop prior to the City Council meeting, and that all in attendance were supportive of the amendment. Councilmember Swenson, seconded by Robert, moved to adopt Resolution 97- 02 -12, A Resolution Approving the Comprehensive Plan Amendment for District 15. Carried 4 -0. 4101 Page 4 - City Council Minutes 02/25/97 Unfinished Business Street Reconstruction Report - Council reviewed the Draft Street Reconstruction Report with City Engineer Anderlik. Anderlik requested direction regarding those streets in the reconstruction area that were partially owned by Oak Park Heights and partially owned by Stillwater. Council directed City Engineer Anderlik revise the report to include the following: 1) deflection testing in area's D and E; 2) include area E in the report, and 3) include those streets jointly owned by Stillwater and Oak Park Heights. Council also directed Administrator Robertson and Anderlik to initiate discussions with the City of Stillwater and the County regarding the street reconstruction project. Estimated assessments for area property owners would be $2,800 a unit for residential property and $33.80 a front foot for commercial property. Councilmember Robert noted that in the past the City Council had notified residents one year in advance of a street reconstruction project. She recommended that the City follow the same policy in this case. No action was taken. Councilmember Beaudet, seconded by Swenson, moved to table this issue until a revised draft report is completed. Carried 4 -0. Review Newsletter Topics - Administrator Robertson reviewed the articles and asked Council whether they wanted to hold the newsletter until any articles on the bridge could be completed. Council directed Robertson to print the newsletter with the current articles. Councilmember Swenson, seconded by Beaudet, moved to approve the newsletter articles as presented. Carried 4 -0. NSP Property Tax Reform Proposal - Administrator Robertson updated the Council on this issue. Robertson noted that some of the bigger communities affected, such as Duluth, Burnsville, and Shakopee, have been contacted and joined in the lobbying efforts. Robertson indicated that he has instructed David Mol, City Auditor, to include a fiscal analysis of the impact of NSP's proposal on Oak Park Heights as part of the Management Report he does with the annual audit. Robertson recommended the Council authorize $1,000 to contract with Flaherty, Koebele to represent the City before the State Legislature this session on this issue. Councilmember Swenson, seconded by Robert, moved to authorize the expenditure of $1,000 to hire Flaherty, Koebele to represent the City before the State Legislature. Carried 4 -0. 411 Page 5 - City Council Minutes 02/25/97 111 New Business: Home Occupation Permits - Council reviewed the current Zoning Ordinance definition and language governing home occupations. Council also reviewed a list of residents and their home occupations. Administrator Robertson requested direction from the Council in determining which individuals should be required to apply for a Home Occupation Permit. Council was in consensus that those people who have a regular place of business at which they conduct most of their business, distinct from their home, should be exempt from the requirement of a Home Occupation Permit. Robertson said he would bring Council a list of those residents who he thinks need to apply for a Conditional Use Permit. MNDOT Cooperative Agreement - City Engineer Anderlik presented to Council an agreement with MNDOT governing stormwater drainage off of Highway 5. Anderlik recommended the Council approve the agreement. Attorney Vierling suggested the Council make its approval contingent upon MNDOT completing the project in 1997. Acting Mayor Turnquist, seconded by Beaudet, moved to adopt Resolution 97- 02 -10, A Resolution Conditionally Approving MNDOT Cooperative Construction Agreement No. 75701. Carried 4 -0. Council Meeting Guide - Council reviewed the Council Meeting Guide. Councilmember Robert requested Administrator Robertson include a paragraph explaining Council Workshops and their differences from a regular meeting. Council also requested that the meeting guide note that Council agenda packets would be available upon request. Duck's Unlimited Gambling License - Councilmember Swenson, seconded by Robert, moved to approve the Duck's Unlimited Gambling License. Carried 4 -0. Bridge Lobbyist - Councilmember Swenson presented a proposal that would require all meetings between Councilmembers, the Mayor, and the City's bridge lobbyist to be recorded and minutes be made available to those Councilmembers who did not attend the meeting. Council expressed concern that some of these meetings involved privileged communication that they did not want to make public. City Attorney Vierling said that Council's discussions with the law firm of O'Connor, Hannan were privileged communications and did not have to be made public. Councilmember Swenson, seconded by Robert, moved to direct City staff to record and distribute minutes of any meetings with the City's lobbyist. Carried 3 - 1, Councilmember Beaudet opposed. Administrator Robertson was directed to distribute the minutes of these meetings to all Councilmembers who did not attend. Page 6 - City Council Minutes 02/25/97 Correspondence: Letter from Bob Brackey - Acting Mayor Turnquist reviewed a letter received from Bob Brackey stating his appreciation of Councilmember Robert and Mayor Schaaf for their efforts in reversing the decision of MNDOT to delay the reconstruction of Highway 5 and the associated frontage roads. Letter from Volunteers of America - Acting Mayor Turnquist, seconded by Robert, moved to adopt Resolution 97- 02 -13, A Resolution Proclaiming the week of March 2 -9, 1997 as Volunteers of America Week in Oak Park Heights. Carried 4 -0. Adjournment: Councilmember Robert, seconded by Swenson, moved to adjourn to a closed session under attorney - client privilege to discuss pending litigation at 9:00 p.m. Carried 4 -0. Upon the end of the closed session, Councilmember Swenson, seconded by Robert, moved to adjourn at 9:15 p.m. Carried 4 -0. Respectfully submitted, r Michael Robertson 411 City Administrator 411 411 OAK PARK HEIGHTS C ITY COUNCIL MINUTES, TUESDAY, FEBRUARY 11, 1997 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 Robertson, City Attorney Vierling, City Engineer Caron, and City Engineer Anderlik. Employee Recognition: The Council recognized Police Officer Stan Buckley and Police Officer Mike Hausken for 10 years of service. Visitor Comments, Questions, or Concerns: There were no visitor comments. Department Reports: Parks - Councilmember Robert said that the Parks Commission will meet Tuesday, February 18, 1997 at 6:30 p.m. at City Hall. Valley View Park Habitat Restoration Committee - Councilmember Robert stated that the Parks Commission is looking for volunteers interested in serving on a committee that will develop a plan for habitat improvement and restoration at Valley View Park. Annexation Area Park - Mayor Schaaf asked Councilmember Robert • about the Parks Commission's recommendations for the proposed new park. Councilmember Robert stated that the Parks Commission presented a plan for the new park last year. The plan includes various options for the park depending on how much land the City wants to purchase for the park. Council will review the plan at the next City Council workshop. Cable Commission - Councilmember Turnquist stated that the next Cable Commission meeting is scheduled Wednesday, February 19, 1997 at Bayport City Hall. Council Workshop Schedule - The next City Council Workshop is scheduled Tuesday, February 25, 1997 at City Hall with the following workshop schedule: 4:30 p.m. - discussion of the Haase land, 5:30 p.m. - Cable Commission representatives, and 6:30 p.m. - Comprehensive Plan and the Baytown island. Closed Bond Fund Name Change - Administrator Robertson stated that he received a request by Councilmember Robert to change the name of the Closed Bond Fund. Hearing no objections, Councilmember Robert, seconded by Swenson, moved to change the name of the Closed Bond Fund to the Revolving Capital Fund. Carried 5 -0. Middle St. Croix Water Management Organization - Councilmember • Beaudet stated that the next WMO meeting is scheduled on Wednesday, February 26, 1997. Page 2 - City Council Minutes 02/11/97 • Recycling Award - Administrator Robertson stated that recipient of the $25.00 check from the City of Oak Park h Heights for participating in its recycling program is John Witzel, 14925 Upper 55th Street. Oak Park Heights Business Group - Administrator Robertson reported that Fire Chief Chuck Schwartz presented the fire inspection plan for commercial businesses at the recent OPHBG. Robertson said that businesses will be contacted a few weeks prior to the fire inspection. Council suggested that the costs of this program be added to future fire contracts. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - January 28, 1997 3. Set Public Hearing - Changes to Ordinance 502 Governing the Disposal of Garbage and Rubbish - Establishing Requirements for Yard Waste Bags - March 11, 1997, 7:30 p.m. 4. Set Public Hearing - Proposed Rainbow Shopping Center Development - Oppidan Investment Company - March 11, 1997, 7:30 p.m. 5. Fire Protection Agreement with Bayport Fire Department - $54,125.00. • Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda as presented. Carried 5 -0. Unfinished Business Approve Newsletter Bid - Councilmember Robert, seconded by Turnquist, moved to approve the Heritage Printing bid to do the City Newsletter in 1997, using 3 colors and recycled paper. Carried 5 -0. New Business: Approve Audio Equipment Bid - Council reviewed bids for the audio equipment. Councilmember Robert suggested the Council table approval of the bid because she was concerned regarding the cost of the project and suggested the City get input from residents regarding the quality of sound of the telecasts. Administrator Robertson stated that he has received comments from viewers that the audio portion of the City Council broadcast is poor. Councilmember Turnquist and Mayor Schaaf indicated they had received similar comments. Councilmember Robert, seconded by Beaudet, moved to table approval of the audio equipment bid until the March 11, 1997 meeting. Carried 4 -1, Councilmember Turnquist opposed. A..ointment of Ca.le Commis ion Re.resentative - Mayor Schaaf, seconded by Robert, moved to approve Gayle Bush as alternate 411 citizen representative to the Cable Commission. Carried 5 -0. Page 3 - City Council Minutes 02/11/97 Review Newsletter Topics - Council reviewed a list of articles proposed for the March newsletter. Administrator Robertson said that Councilmembers will receive completed articles in their next Council packet. Mayor Schaaf suggested that the next newsletter should be devoted to issues regarding the proposed new St. Croix River Bridge. Councilmembers Turnquist and Swenson disagreed, stating that there were other topics people wanted to read about besides the bridge. Councilmember Robert suggested that the newsletter be published more often than every quarter. Council was in consensus to discuss these issues at the next Council meeting. Water Chlorination - Council reviewed recommendations regarding water chlorination made by Mark Wallis of the City Engineer's office. City Engineer Anderlik recommended waiting until spring to test the water chlorination equipment and that a larger quantity of chlorine be added to the system. Anderlik also suggested the City inform the public when the chlorine will be added because it will strip minerals off the water pipes and cause brown water until it is established in the system. Council was in consensus to delay use of the water chlorination equipment until further notice. Motor Vehicle Lockout Assistance - Council reviewed a memo from • Police Chief Swanson requesting the City Council authorize the Police Department to offer to unlock people's cars. Swanson submitted a sample damage waiver people would have to sign releasing the City of Oak Park Heights and its agents from any damages that a vehicle may incur during the process. Councilmember Swenson, seconded by Robert, moved to authorize the Police Department offer lock out assistance, with City Attorney Vierling to review the waiver language before proceeding. Carried 5 -0. NSP Property Tax Reform Proposal - Administrator Robertson informed the Council on NSP's proposal before the State Legislature to eliminate property taxes on electric power generation facilities. Robertson said that if this proposal becomes law it would remove almost 500 of Oak Park Height's tax base. Robertson stated that NSP has proposed to the State Legislature that the revenue loss communities will experience be replaced by the institution of a "meter tax ", which is a flat fee that would be imposed on all electricity consumers in the State. The meter tax would be collected by the State and then sent proportionately to all cities, counties, school districts, and other taxing districts which lose revenue under this plan. • Page 4 - City Council Minutes 02/11/97 i Robertson indicated that the problem with this proposal is that the money would be under the State's control and would tend to be treated like other State aids. That means that the State would probably take an ever increasing percentage of the fees for "administrative" expenses each year. There also would be a tendency for the State to want to take some of this money to help balance their budget each year. In addition, state legislators have already commented that they would reduce this fee over time. Council also reviewed a draft of a proposed policy on this issue written by the League of Minnesota Cities. Council directed Robertson to continue working with other cities and the League on this issue and to report to them at the next Council meeting. Resolution 97 -02 -09 - A Resolution Approving the Retention of a Law Firm to Preserve the Funding for the New St. Croix River Crossing and to Facilitate Mediation - Mayor Schaaf reviewed his concerns regarding the future of the proposed new St. Croix River Bridge. Mayor Schaaf, seconded by Beaudet, moved to adopt Resolution 97- 02 -09. Carried 4 -1. Swenson opposing. Upon further discussion, Mayor Schaaf, seconded by Robert, moved to reconsider the motion to adopt Resolution 97- 02 -09. Carried 5 -0. Mayor Schaaf, seconded by Beaudet, moved to adopt Resolution 97- 02-09. Carried 5 -0. . Correspondence: Letter from Barb O'Neal - Council acknowledged receipt of Barb O'Neal's letter announcing her resignation from the Middle St. Croix Water Management Organization. Letter from Washington County Board - Council reviewed a letter from Washington County notifying the City of a County Board workshop scheduled Tuesday, February 18, 1997 at 10:30 a.m. at the Washington County Government Center. The County Board plans to meet with Chuck Siggerud of MNDOT to discuss the proposed new St. Croix River bridge project. Adjournment: Councilmember Robert, moved to adjourn at 9:40 p.m. Councilmember Robert, seconded by Swenson, moved to withdraw the motion to adjourn. Carried 5 -0. Councilmember Turnquist, seconded by Swenson, moved to adjourn to closed session under attorney - client privilege to discuss pending litigation at 9:45 p.m. Carried 5 -0. Councilmember Robert, seconded by Swenson, moved to adjourn at 9:50 p.m. Carried 5 -0. Respectfully submitted, . Michael Robertson City Administrator 411 OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JANUARY 28, 1997 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 Robertson, City Attorney Vierling, City Planner Richards, and City Engineer Caron. Employee Recognition: The Council recognized Police Secretary /Dispatcher Sandy Kruse for 10 years of service and Police Officer Ken Anderson for 5 years of service. Visitor Comments: Paul Burns, 15227 Upper 63rd Street North, and George Vogt, 6411 St. Croix Trail North, gave a presentation on the current situation and impact of the bridge project on Oak Park Heights. Mr. Burns and Mr. Vogt recommended that the City obtain professional help in developing a plan to protect the quality of life, the rights, and the assets of the citizens and businesses. Mayor Schaaf stated that the City has passed a resolution requesting that all affected parties agree to participate in Federal Mediation to resolve the bridge issue. After much discussion, Mayor Schaaf, seconded by Swenson, moved approve • Resolution 97- 01 -08, A Resolution Directing Intervention into the Sierra Club Vs. Pena Action Pending in Federal Court. Carried 5- 0. Mayor Schaaf stated that he was concerned about the amount of misinformation regarding the proposed new St. Croix River bridge. Mayor Schaaf requested the Council consider retaining John Blackshaw, of Tunheim - Santrizo Company, to develop a plan to disseminate the correct information regarding the St. Croix River bridge, and to help persuade people to support mediation to resolve the dispute. Councilmember Turnquist, seconded by Swenson, moved to contract with John Blackshaw to develop a strategic plan for dissemination of the information regarding the St. Croix River bridge to the public, with his costs not to exceed $750.00, and to invite Blackshaw to the next Council meeting to present this plan. Carried 5 -0. Department Reports: Valley View Park - Administrator Robertson stated that it would cost $800 to $1,000 to plow and remove the existing snow from the entrance road and parking lots of Valley View Park. Councilmember Robert reported that the Parks Commission discussed the proposal and was not in favor of doing it this winter. Council was in consensus not to plow the park this year, but to start plowing it next winter. 111 Page 2 - City Council Minutes 01/28/97 • Councilmember Robert stated that the Parks Commission recommends the cattle gate be opened in lower Valley View Park. Robertson noted that Public Works was concerned about the possibility of sliders running into trees. Council was in consensus to open the gate this year. DNR Trail Grant For the Proposed Pedestrian Trail - Councilmember Robert stated that the Parks Commission recommended that the City fund the design and construction of the pedestrian trail from Swager Park to Oakgreen Avenue in 1997. City Planner Richards also recommended that the City apply for the Cooperative Trail Grant Program, which has an emphasis on pedestrian /bike trails and could be used for pedestrian trails west of Oakgreen Avenue. Councilmember Robert, seconded by Beaudet, moved to direct Bonestroo and Associates to prepare plans and specifications for the trail from Oakgreen Avenue to Swager Park. Carried 5 -0. Additional Land Acquisition for Bike /Pedestrian Trail - Councilmember Robert, seconded by Swenson, moved to direct City Planner Richards to prepare an application for the Cooperative Trail Grant Program and to direct City Attorney Vierling to begin the process of acquiring the necessary easements for the bike trail. Carried 5 -0. • Outdoor Recreation Grant for Brekke Park - Councilmember Robert stated that State funding for the Outdoor Recreation Grant Program is expected to be available for 1997. The City submitted an application last year for Brekke Park improvements that was not funded and that application would need minor modifications. Council directed City Planner Richards complete the minor modifications and submit the application by March 31, 1997. Conservation Grant for Valley View Park - Councilmember Robert recommended the City Council authorize City Planner Richards to proceed with completing an application for a $10,000 DNR Conservation Grant for wildlife habitat enhancement at Valley View Park. This grant would require an equal match from the City. Councilmember Robert also recommended that City Planner Richards work with Andy Weaver from Environment Learning Center at Stillwater High School to develop a site plan for the grant. Councilmember Robert, seconded by Beaudet, moved to direct City Planner Richards to proceed with submitting an application for the Conservation Grant for Valley View Park. Carried 5 -0. Chlorination Problems - Administrator Robertson reported that the City had been chlorinating its water over the last two weeks as Council directed. Robertson stated that the chlorine is concentrating in some areas of the City's water system. City Engineer Caron will investigate the problem, and the City will not resume chlorinating the water until the problem has been • solved. Page 3 - City Council Minutes 01/28/97 • Request for Subdivision & Duplex Approval - Set a Public Hearing William & Debra Simonet - 5976 Stagecoach Trail - Administrator Robertson stated that Bill and Debbie Simonet have requested the Council waive the requirement for a complete application and set a Public Hearing for their request. Councilmember Swenson, seconded by Turnquist, moved to set a Public Hearing for the above request for Tuesday, February 25, 1996 at 7:30 p.m. Carried 5 -0. Pay Equity Report - Councilmember Robert, seconded by Swenson, moved to adopt the pay equity report. Carried 5 -0. Home Occupation Letters - Councilmember Swenson noted he had received a complaint about the City requiring a home occupation permit for home businesses. Administrator Robertson said that Council was concerned that the City was not enforcing the ordinance that requires businesses operating out of the home apply for a Home Occupation Permit. Therefore, the City sent letters to individuals identified as having a home occupation business. Robertson noted that the current fee for a Minor Home Occupation Permit is $25.00 and the current fee for a Major Home Occupation Permit is $100.00. Robertson said that the current definition of a Major Home Occupation business is that it has retail traffic and /or outdoor storage. He indicated that both • Minor and Major Home Occupation Permits can be renewed for $10.00 per year. After much discussion about possibly changing the definition and /or fees for home occupations, Council tabled any action. Cable - Councilmember Turnquist reported on the recent Cable Commission meeting. Middle St. Croix Water Management Organization - Administrator Robertson stated that he attended the recent MSCWMO meeting because citizen representative Barbara O'Neal was unable to attend. Robertson reported that the organization discussed a preliminary report prepared by SEH for a northern outlet for Perro Pond. The report estimates the total cost for the northern outlet to be between $800,000 to $1,000,000. The City's portion of the cost would be $400,000 to $500,000. Robertson indicated that Barb O'Neal has resigned from the MSCWMO. O'Neal recommended that because of the potential cost to the City of the Northern Outlet improvement that the City Council should appoint an elected official to the MSCWMO. Councilmember Robert, seconded by Beaudet, moved to appoint Councilmember Beaudet to the MSCWMO. Carried 5 -0. Recycling Award - Administrator Robertson stated that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Sharon Philipson, • 5520 O'Brien Avenue. Page 4 - City Council Minutes 01/28/97 Oak Park Heights Business Group - Mayor Schaaf reported that the OPHBG will meet at 7:30 a.m., Wednesday, February 5, 1997 at Applebee's. Representatives from the Fire Department will discuss commercial fire inspections. Garden Committee - Councilmember Robert reported that the Garden Committee will meet Saturday, February 1, 1997 at 5:30 p.m. at Applebee's. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - January 14, 1997 3. Approve Public Works Truck Purchase 4. Request for Payment - Autumn Ridge 3rd Addition - Tower Asphalt - $2,164.10 Councilmember Turnquist requested Council pull Item 2 for discussion. Councilmember Turnquist, seconded by Swenson, moved to adopt the remainder of the Consent Agenda. Carried 5 -0. Councilmember Turnquist stated that he should be listed as the League of Local Governments Liaison rather than Councilmember Beaudet. Councilmember Turnquist, seconded by Robert, moved to approve the Council Meeting Minutes - January 14, 1997 as • amended. Carried 5 -0. Cooperation Meeting - Administrator Robertson reported that a joint meeting of the Oak Park Heights City Council and the Bayport City Council will be held Thursday, February 13th, 1997 at 7:00 p.m. at the Bayport Library. Mayor Schaaf encouraged all members of the City Council to attend the meeting. Unfinished Business There was no unfinished business. New Business: Comprehensive Plan Amendment - City Planner Richards reviewed the draft of the Comprehensive Plan Amendment. Council was in consensus to direct Richards to include the Baytown island on Oakgreen Avenue in the plan amendment, and to describe the area as residential south of 58th Street and Commercial /Industrial north of 58th Street. Councilmember Swenson, seconded by Robert, moved to set a Public Hearing for the Comprehensive Plan Amendment on Tuesday, February 25, 1997. Carried 5 -0. Council directed Administrator Robertson send a letter to the residents of the Baytown island informing them of the public hearing. Page 5 - City Council Minutes 01/28/97 • Approve Newsletter Bid - Council reviewed three bids for the City's 1997 Newsletter. After considerable discussion Council tabled action on the bids until their next meeting. Mayor Schaaf said he would contact some firms that he thought might give better bids. Council was in consensus that the bids should be for a newsletter with three print colors and 3 pictures per newsletter. Rainbow Site Plan - Mayor Schaaf stated that City staff had held a meeting that day with Oppidan Investment Company to discuss a preliminary site plan for the proposed Rainbow Foods development. Mayor Schaaf noted that an application would probably be before the City Council at their next meeting. Correspondence: Baytown Township Letter - Notice of Proposed Conditional Use Permit Amendment - Council reviewed a Notice of Public Hearing Conditional Use Permit Amendment, River States Properties - Self - Storage Facility from Baytown Township scheduled Monday, February 3, 1997 at 7:30 p.m. in the Civil Air Patrol hangar on the northeast corner of the Lake Elmo Airport. Adjournment: Councilmember Turnquist, seconded by Swenson, moved to adjourn to closed session under attorney- client privilege to 411 discuss pending litigation at 9:47 p.m. Carried 5 -0. Upon the end of closed session Councilmember Swenson, seconded by Turnquist, moved to adjourn at 10:30 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator II! • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JANUARY 14, 1997 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 Robertson and City Attorney Vierling. Visitor Comments: There were no visitors. Department Reports: Parks Commission - Councilmember Robert stated that the Parks Commission will meet Tuesday, January 21, 1997 at 6:30 p.m. at City Hall. New Roof at Cover Park - Councilmember Robert reported that the Cover Park warming house has a new roof. Snow Plowing at Valley View Park - Councilmember Swenson requested the City consider plowing the entrance road into Valley View Park. He said that residents use the park in the winter for sledding and he is concerned that emergency vehicles could not access the park if someone were injured. Council requested Administrator Robertson discuss the proposal with City staff and report back to the Council. Councilmember Robert said she would • discuss the proposal at the next Parks Commission meeting. Hi•hwa 5 Brid•e Reconstruction Pro'ec - Mayor Schaaf announced that the Highway 5 bridge reconstruction project will proceed as planned for completion in 1997. MNDOT had announced that the project was to be delayed due to problems obtaining right -of -way permits. With help from Mayor Schaaf and Councilmember Robert, the City obtained the necessary right -of -ways, and MNDOT will proceed with contract letting in March, 1997 and the project is scheduled to be completed by November, 1997. Installation of Phone Line for Fax Machines - Administrator Robertson stated that Councilmembers have contacted him because they are experiencing problems with the FAX machine and Councilmembers' personal phone usage. Councilmembers have requested the City install another phone line that would be dedicated to the FAX machine to help eliminate problems. Councilmember Swenson, seconded by Turnquist, moved to authorize installation of a second phone line for those Councilmembers who deem it necessary. Carried 5 -0. Budget Amendments - Councilmember Turnquist, seconded by Swenson, moved to approve budget amendments as recommended by City staff. Carried 5 -0. • Page 2 - City Council Minutes 01/14/97 111 Snow Removal and Marking Fire Hydrants - Councilmember Swenson stated that several fire hydrants are not marked with a steel flag and requested that the City locate and mark all fire hydrants. Council was in consensus to have this done within the next two weeks. Cable - Mayor Schaaf stated that the Washington County Housing Authority is negotiating a rate decrease with King Video for senior citizens at Raymie Johnson. Recycling Award - Administrator Robertson stated that the recipients of the $25.00 check from the City of Oak Park Heights for participating in its recycling program are Richard and Lois Raboin, 14519 55th Street. Oak Park Heights Business Group - Mayor Schaaf reported that the OPHBG will meet Wednesday, February 5, 1997. Administrator Robertson will contact the Fire Department and invite a representative to discuss commercial fire inspections at the meeting. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - December 18, 1996 • 3. Approve Council Meeting Minutes - January 2, 1997 4. Approve AMM 1997 Annual Dues 5. Resolution 97 - - - A Resolution Designating 1997 Checking and Bank Depositories Councilmember Robert requested pulling Item 4 for discussion. Councilmember Turnquist, seconded by Swenson, moved to approve the remainder of the Consent Agenda. Carried 5 -0. Councilmember Robert asked what the benefits were of joining the Association of Metropolitan Municipalities (AMM) and the Minnesota Association of Small Cities ( MAOSC). Administrator Robertson stated that AMM focuses on issues related to metro cities and is heavily involved in lobbying the State Legislature on issues that concern metro cities. Robertson noted that MAOSC is composed primarily of cities located outside the metro area and focuses on issues involving them. Councilmember Robert, seconded by Swenson, moved to approve AMM dues and table the MAOSC dues. City Attorney Vierling advised Councilmember Robert that the motion to join the AMM and table the request to join the MAOSC needed to be separated. Councilmember Robert withdrew her motion. Councilmember Robert, seconded by Swenson, moved to approve the AMM dues. Carried 5 -0. • Page 3 - City Council Minutes 01/14/97 • Request to Join Minnesota Association of Small Cities - Councilmember Swenson, seconded by Robert, moved to table permanently discussion on joining the Minnesota Association of Small Cities. Carried 5 -0. Public Hearing Ordinance Amending Section 401.01 of Chapter 401 to Add Section 401.01L Parliamentar Procedure and Votin• - Mayor Schaaf opened the Public Hearing at 7:35 p.m. The Council reviewed the proposed ordinance amendment. Hearing no further comments, Councilmember Turnquist, seconded by Robert, moved to close the Public Hearing at 7:37 p.m. Councilmember Turnquist, seconded by Swenson, moved to approve Ordinance Amending Section 401.01 of Chapter 401 to Add Section 401.01L, Parliamentary Procedure and Voting. Carried 5 -0. Unfinished Business Sewer Backup on 57th Street - Administrator Robertson reported that the City's insurance carrier, the League of Minnesota Insurance Trust (LMCIT), has ruled that the City is not liable to pay for damages to two homes caused by a sewer backup because the City had recently inspected and cleaned the sewer lines. Council reviewed cost estimates of $2,498.39 for cleanup and 411 damage to the home of John and Mary Skoglund. The insurance company paid all but the $500.00 deductible for the Skoglunds and they are requesting the City pay the $500.00 deductible. Council also reviewed the cost estimate of $56,026.03 for cleanup, repair, and replacement of items damaged in Don Job's home. Job is requesting the City pay his bill of $56,026.03. Robertson stated that the City would expect that Job's homeowner's insurance would pay the $5,000.00 maximum, minus the $500.00 deductible, reducing actual cost to the City to $51,526.03. Attorney Vierling advised the City Council adjourn to a closed session to discuss the claims. Councilmember Swenson, seconded by Turnquist, moved to go into closed session. Carried 5 -0. Council reconvened after meeting in closed session. Attorney Vierling noted receipt of the documents from the John and Mary Skoglund and Don Job, and stated the documents will be processed in the City Attorney's office. Council discussed various options the City has to help cover any future damages to homes cause by a sewer backup, including a surcharge on sewer bills to establish a fund for this purpose. Council directed Robertson gather information and report back to the City Council. 111 Page 4 - City Council Minutes 01/14/97 . Bridge Lobbying Proposal - Councilmember Swenson, seconded by Robert, moved to table the bridge lobbying proposal. Carried 5- 0. Bridge Mediation Proposal - Mayor Schaaf stated that the Oak Park Heights City Council met with the Stillwater City Council just before the City Council meeting to discuss how to proceed with the issue of the St. Croix River crossing. The Stillwater City Council and Oak Park Heights City Council were in agreement to draft a resolution requesting all affected parties pass a resolution agreeing to participate in Federal Mediation and Conciliation Services. Councilmember Swenson, seconded by Robert, moved to approve Resolution 97- 01 -03, A Resolution Committing the City of Oak Park Heights to Participate in Mediation Conducted Through the Federal Mediation and Conciliation Service on Issues Affecting a Proposed St. Croix River Crossing and Inviting all Federal, State, and Local Government Agencies and all Other Interested parties to Join in the Mediation Process to Address Related Issues and Pursue a Mediated Solution. Carried 5 -0. New Business: Council Meeting Dates - Council reviewed a list of Council meeting dates for 1997. Administrator Robertson stated that the 111 City Council meeting scheduled for November 11, 1997 conflicts with Veterans Day holiday. Councilmember Swenson, seconded by Robert, moved to set Wednesday, November 12, 1997 as the City Council meeting date. Carried 5 -0. Setting Regularly Scheduled Workshop Dates - Mayor Schaaf proposed that the City Council consider setting a regularly scheduled date for City Council workshops. Councilmember Swenson, seconded by Turnquist, moved to set a regularly scheduled workshop date on the fourth Tuesday of each month at 4:30 p.m. Carried 5 -0. The next scheduled City Council Workshop date is Tuesday, January 28, 1997. Official Newspaper for the City of Oak Park Heights - Councilmember Swenson, seconded by Robert, moved to approve Resolution 97 -01 -04 - A Resolution appointing the Courier News as the official newspaper for legal publication for the City of Oak Park Heights. Carried 5 -0. Approve Board of Review Hearing Dates - Councilmember Swenson, seconded by Beaudet, moved to adopt Resolution 97 -01 -06 - A Resolution approving April 8, 1997 at 5:00 p.m. and April 22, 1997 at 6:00 p.m. as Board of Review Hearing dates. Carried 5 - 0. 411 Page 5 - City Council Minutes 01/14/97 1997 City Professional Appointments - Councilmember Swenson, seconded by Robert, moved to adopt Resolution 97 -01 -05 - A Resolution appointing Bonestroo, Rosene, Anderlik & Associates as official City Engineer; Northwest Associated Consultants as official City Planner; Tautges, Redpath, Inc. as official City Auditor; and Ekberg, Lammers, Briggs, Wolff, & Vierling as official City Attorney. Carried 5 -0. Resolution 97 -01 -02 - A Resolution Designating Charges for City Items - Councilmember Swenson, seconded by Turnquist, moved to adopt Resolution 97 -01 -02 - A Resolution Designating Charges for City Items. Councilmember Robert questioned the established fee of $5.00 for residents who wish to purchase a pet license. Robert stated that many residents do not apply for a pet license, and the fee penalizes those residents who comply with the law. Therefore, Councilmember Robert requested the City eliminate the pet license fee from the resolution designating charges for city items. Councilmember Swenson, seconded by Robert, moved to amend Resolution 97 -01 -02 to change the pet license fee from $5.00 to $0.00 and adopt the resolution designating charges for all other item. Carried 5 -0. Residents who have already paid for a 1997 pet license fee will receive a refund. The fee for a kennel license will remain $100.00. • Tree Maintenance Proposal - Council reviewed cost estimates for boulevard tree trimming. Administrator Robertson noted he had asked City Arborist Ken Kaiser obtain this information because many of the City's boulevard trees are reaching the age where pruning will improve their looks and increase their expected life. Council requested Robertson contact other services for bids, ask the bidders to include their experience with tree trimming, and report back to them on what time is best to trim trees. Osgood Avenue Improvement - Councilmember Robert noted that they had received a letter from Washington County Public Works describing their plans for an improvement of Osgood Avenue in 1997. Councilmember Robert stated that she would like the County to put in three foot bike lanes as part of their improvement. Councilmember Beaudet noted that the State Highway 5 improvement will cause more people to use Osgood Avenue and expressed concern about the timing of the project. Council directed Robertson to invite a representative to attend the next scheduled City workshop on Tuesday, January 28, 1997 to address the Council regarding County road plans. • Page 6 - City Council Minutes 01/14/97 • Adjourn to Closed Session: Councilmember Swenson, seconded by Turnquist, moved to adjourn to closed session under attorney - client privilege at 8:56 p.m. Carried 5 -0. Council reconvened at 9:37 p.m. Official Council Appointments - Councilmember Swenson, seconded by Beaudet, moved to approve Resolution 97 -01 -07 - A Resolution Approving 1997 Council appointments. The appointments are as follows; Deputy Mayor Jerry Turnquist Civil Defense Director Mark Swenson Park Commission Liaison Janet Robert Park Commission Alternate David Beaudet Cable Commission Council Representative Jerry Turnquist Cable Commission Citizen Representative Doug Bergman Cable Commission Alternate Mark Swenson Middle St. Croix WMO Barbara O'Neal Co- Operation Committee Dave Schaaf & Janet Robert Sports Facility Committee Mark Swenson Manning Avenue Corridor Study Dave Schaaf Nuisance Mediation Committee Janet Robert & Lindy Swanson League of Local Governments Liaison Jerry Turnquist Chamber of Commerce Liaison Dave Schaaf Lower St. Croix Planning Liaison David Beaudet Administrative Liaison Jerry Turnquist Assistant Weed Inspector Rollie Staberg Adjournment: Councilmember Robert, seconded by Swenson, moved to adjourn at 10:05 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 411 OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES S JOINT WORKSHOP WITH STILLWATER CITY COUNCIL TUESDAY, JANUARY 14, 1997 Call to Order: The meeting was called to order at 4:45 p.m. Present: Oak Park Heights Mayor Schaaf and Councilmembers Beaudet, Robert, Swenson, and Turnquist. Stillwater Mayor Kimble and Councilmembers Terry Zoeller, Gene Bealka, and Rich Cummings. Staff Present: Oak Park Heights City Administrator Robertson & City Attorney Vierling. Stillwater City Coordinator Kriesel, City Attorney Magnuson, and City Lobbyist Cain. Both Councils had considerable discussion of the proposed new St. Croix River Bridge in light of the recent National Park Service (NPS) decision to refuse to grant a permit for the construction of the bridge and the on -going litigation involving the bridge. Councils agreed to consider mediation as a means of resolving the dispute and agreed to discuss this at their next respective meetings. Adjournment: The meeting was adjourned at 6:30 p.m. Respectfully submitted, ,P - I, .- Michael Robertson City Administrator 110