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HomeMy WebLinkAbout1996 Minutes OAK PARK HEIGHTS CITY COUNCIL MINUTES, WEDNESDAY, DECEMBER 18, 1996 Call to Order: The meeting was called to order at 7:00 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Kern, Robert, & Swenson. Councilmember -elect Turnquist was also present. Staff Present: City Administrator Robertson, City Attorney Vierling, City Planers Richards & Teague, and City Engineer Caron. Council Recognition: Councilmember Kern was received an award in recognition of 8 years of service to the City as a Councilmember. Former Mayor O'Neal was not able to attend to receive her award in recognition of 16 years as a Councilmember and Mayor. Visitor Comments: Jim Kellison - Stillwater Area Economic Development Committee (SAEDC) - Kellison, representing SAEDC, discussed the possible establishment of an industrial park on land south of the Highway 36 frontage road. The land in question is currently zoned either Commercial or Open Space. Darryl Haase, owner of some of the land in question, was present. Kellison described a possible alignment of streets and lots for the land, and noted that to purchase the land and install streets and utilities would cost approximately three million dollars. Kellison noted that he was aware of several industrial companies that would like to locate in the area but there was no place for them to locate. Kellison indicated that he knew of no one who had the money to step forward to start the industrial park and he thought that only the City was capable of taking such a step. Councilmembers Kern, Swenson, and Robert expressed concerns and said they were unwilling to risk the City taxpayers money. Councilmember Swenson said that he was willing to zone the land for industrial uses. Councilmember Robert noted that most major retail developments have a tenant or two signed up in advance before they start building and said she would like to have a similar arrangement before discussing any City supported development. Mayor Schaaf thanked Kellison and noted that he had invited him to speak to raise the issue of establishing an industrial park and he asked the public to comment to him and the council with their feelings on the matter. Junker Sanitation /United Waste Proposal - Vince Vanella was present representing Junker Sanitation to discuss a proposal regarding the disposal of yard waste. Vanella noted that Junker was having problems disposing of the compost it was currently making from yard waste because the plastic garbage bags it was disposed in made the compost unusable. His proposal was that yard waste be disposed in a paper bag which would be biodegradable, thereby improving the environment and making the compost marketable. Page 2 - City Council Minutes 12/18/96 • Vanella noted that Junker Sanitation would provide the paper bags to City residents at no cost. He said the bags would be distributed through Cub Foods and that Junker would also try to set up some special distributions for City residents in the spring of 1997. He said the paper bags could hold 32 gallons and would not fall apart when wet. He asked the Council to make whatever changes were necessary to require the use of these paper bags for yard waste rather than plastic bags. Council was in consensus that this would be an improvement in garbage services and directed staff to work with Junker Sanitation on this issue. Department Reports: Administration - Sewer Backup Problem - Administrator Robertson reported that the insurance adjuster had not made any decision on the sewer backup claims on 57th Street. Cable - Council discussed an estimate of costs necessary to upgrade the sound system in the Council chambers. This would improve the cable broadcast of City Council meetings and allow everyone to better hear what was said. Don Fixmer of the Central St. Croix Valley Cable Commission had estimated costs of • approximately $7,000 for equipment plus $1,500- $3,000 for installation. Council thanked Fixmer for his work and directed Robertson to work with him on refining the estimates. 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 Michael LaBelle, 5670 Newberry Avenue. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - December 3, 1996 3. Approve Council Meeting Minutes - December 10, 1996 4. Request for Payment - Brackey Addition - Hydrocon, Inc. - $4,789.71 5. Request for Payment - Autumn Ridge 2nd Addition - Ryan Contracting - $27,052.78 Councilmember Swenson, seconded by Robert, moved to approve the Consent Agenda as presented. Carried 5 -0. Old Business: Bridge Lobbying Proposal - This item was tabled until the next Council meeting. • • Page 3 - City Council Minutes 12/18/96 New Business: Resolution 92 -12 -42 - A Resolution Approving the 1997 Tax Levy - Councilmember Robert, seconded by Swenson, moved to approve Resolution 92- 12 -42. Carried 5 -0. Resolution 92 -12 -43 - A Resolution Approving the 1997 Budget - Councilmember Swenson, seconded by Robert, moved to approve Resolution 92- 12 -43. Carried 5 -0. Comprehensive Plan Update - City Planners Richards and Teague discussed the Comprehensive Plan Update with Council. Richards noted that the Metropolitan Council has designated Oak Park Heights- Stillwater - Bayport as an independent growth center in its' most recent plan. The Met Council has also designated some of the land surrounding Oak Park Heights as being within the Metro Urban Services Area (MUSA) 2020 line, and so designated for future urban growth. The Met Council has also recommended that Oak Park Heights establish agreements with Bayport and Baytown on future boundaries. Population Projections - Richards indicated the current City population is about 3,800. He estimated that the City's population will be between 5,200 and 5,600 by 2020, depending on how fast it grows. Future Land Use - Council discussed how the following areas should be designated in the Comprehensive Plan; 1) Haase Land. Council was in consensus that a strip of land along the Highway 36 Frontage Road should be designated Commercial, and that all remaining land south of that strip to the future extension of 58th Street should be designated for Industrial uses. Councilmember Swenson, seconded by Beaudet, moved to direct staff to prepare an amendment to the Comprehensive Plan to reflect this direction. Carried 5 -0. 2) Land west of Highway 5. Council was in consensus that the Comprehensive Plan should designate the future west boundary of the City to be the Lake Elmo border. Land west of Highway 5 and north of 56th Street shall be designated for Industrial uses, land south of 56th Street shall be designated for Residential Uses. Councilmember Robert, seconded by Swenson, moved to direct the City Engineer to do a feasibility study for providing utilities to the David Screaton property, contingent upon the Screaton's paying for the study. Carried 5 -0. • • Page 4 - City Council Minutes 12/18/96 3) DNR land & other land south of City boundary along Osgood. Council was in consensus to include this area in the Comprehensive Plan and to go as far south as 40th Street. Mayor Schaaf noted that the City easily had sewer capacity to serve this entire area. 4) Lands south of City boundaries along Oakgreen Avenue. Council was in consensus to include all lands on the west side of Oakgreen Avenue south to the Baytown Woods addition and to designate it for Residential uses. 5) Lands south of City boundaries along Stagecoach Trail. Council was in consensus to include all land west of Stagecoach Trail south to 47th Street. Richards noted that some of this land was included in the Bayport Comprehensive Plan. Administrator Robertson noted that the City had communicated their desire to discuss this area with the City of Bayport and that he and Bayport Administrator Hartung had held some preliminary discussions. Council directed Robertson to set up some formal discussions on this topic with Bayport. Simonet Request - Debbie Simonet of 5976 Stagecoach Trail was present to discuss problems she and her husband were having with • MNDOT. She said MNDOT had commenced a condemnation action on their property. She also indicated that MNDOT said that they would only treat the property as residential, even though the Simonet's had a plumbing business. She also noted that though it was a six bedroom house that MNDOT was saying they would only treat it as a four bedroom house. She said that she had heard that the neighborhood had be rezoned from commercial use to residential use several decades ago without proper public hearings and asked that her property be returned to commercial use. City Attorney Vierling noted that, while he could not speak for what happened several decades ago, the City has recodified its ordinances twice in the last fifteen years, each of those recodifications had proper notice and public hearings, and both of the recodifications would have designated the Simonet's property as residential zoning. Council expressed sympathy with Simonet and asked staff to assist her in any way they could. Building Permit Software - Councilmember Swenson, seconded by Kern, moved to approve the purchase of building permit software for the Building Department. Carried 5 -0. • • Page 5 - City Council Minutes 12/18/96 Correspondence: Thank You Letter from Fire Captain Joe Wilmes - Council received a letter of thanks from Bayport Fire Captain Joe Wilmes for their donation of the "Rescue Rudy" manikin for fire training purposes. Presentation to Mark Swenson - Mayor Schaaf presented Councilmember Swenson with a Santa Bear in a Firefighter outfit as a thank you for his service to the City with the Bayport Fire Department. Councilmember Dean Kern's Last Thoughts - Councilmember Kern thanked the public for electing him as Councilmember for the last eight years. He said it is a high responsibility to be a City official and it has been an honor to serve the City of Oak Park Heights in that capacity. Adjourn to Closed Session: Councilmember Swenson, seconded by Kern, moved to adjourn to closed session on attorney- client privilege at 10:17 p.m. Carried 5 -0. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn at 10:45 p.m. Respectfully submitted, Michael ob-rtson City Administrator OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, DECEMBER 10, 1996 Call to Order: The meeting was called to order at 7:05 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet, Robert, & Swenson. Absent: Councilmember Kern. Councilmember -elect Turnquist was also present. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik and City Engineer Caron. Employee Recognition: Public Works Director Roger Benson - The Council recognized Public Works Director Roger Benson for 15 years of service. Council Recognition: Former Mayor Barb O'Neal was not able to attend and Councilmember Kern was in Rochester with a sick relative so this agenda item was rescheduled for December 18, 1996. Visitor Comments: Rick Wells - 5857 Olinda - Complaint Regarding Parking Ticket - Wells was present to object to a ticket he received for parking a vehicle on a City street for more than 24 hours. Wells said his family consisted of two adults and two teenagers. They have five vehicles, a one car garage, and a driveway that will hold three cars so they must always park one car on the street. Wells said 11, he has checked into building an addition to his garage but that his neighbor's house was built only three feet from the property line and any garage addition he did would be so close to his neighbor's house it would violate the State Fire Code. The Council was in consensus that vehicles parked for more than 24 hours create a problem for snow removal and they were not willing to waive the ticket. Council suggested that Wells look at constructing a parking pad adjacent to his garage to store the additional vehicle, and that he could plow the area out and use it during the winter right now. Administrator Robertson suggested that there might be room in the back yard to construct a garage addition next year. Robertson said that he and Police Chief Swanson had discussed this issue and their suggestion to Council is that they consider developing an ordinance which prohibits overnight on- street parking from November 1 to April 1. Council discussed this briefly and directed Robertson to include this item on the next Strategic Planning Workshop agenda. Wes Butler - Washington County Housing and Redevelopment Authority (HRA) - Butler announced that the HRA has budgeted the money to construct a playground at the Ramie Johnson apartments. Council requested the HRA supply a sketch of the proposed • playground. Page 2 - City Council Minutes 12/10/96 Butler also explained the Metropolitan Housing Opportunities Program (MHOP). Funds have been made available from the Metropolitan Council for developing scattered site public housing through new construction or through acquisition and rehab of existing properties. The single family units will be dispersed throughout the community, and will not be placed in a community that is opposed to the project. Washington County will receive enough funds to place 60 units throughout the county. Butler also indicated that the Met Council has appropriated money to fund cleanup of polluted sites. This funding is restricted to those communities who agree to participate in MHOP or have adopted the Minnesota Livable Communities Act. Butler stated that the City of Oak Park Heights is eligible for these funds because they have adopted the Minnesota Livable Communities Act. Department Reports: Skating Rink Attendant Hiring Recommendation - Councilmember Robert stated that interviews for the position of Park Attendant have been completed. Councilmember Robert, seconded by Beaudet, moved to approve hiring John Sortedahl and David Otto for Brekke Park and Mike Coleman and John Moszer for Cover Park, with first 411 alternate Greg Coleman and second alternate Homer Nethery. Carried 4 -0. Re- appointment of Parks Commissioners - Councilmember Robert stated that Commissioner Weaver's and Commissioner Runk's appointment will expire December 31, 1996. Councilmember Robert, seconded by Swenson, moved to re- appoint Liz Weaver and Mike Runk to the Parks Commission to serve a three -year term. Carried 4 -0. Updated Warming House Rules - Councilmember Robert reported that the Parks Commission developed a revised list of rules that will be posted at the warming houses at Cover Park and Brekke Park. Alcohol Usage at the Parks - Councilmember Robert stated that Chief Swanson contacted her regarding concern with alcohol usage in City parks. City Attorney Vierling stated that current ordinances prohibit the use of alcohol at parks except by special permit. Council requested that Vierling draft an revised ordinance that allows for alcohol usage with an administrative permit and report back to the Council. Council confirmed that no alcohol will be allowed in City parks or warming houses during the winter. Change in Parks Commission Meeting Dates - Councilmember Robert stated that the Parks Commission has changed its meeting date to the third Tuesday of every month. The next Parks Commission meeting will be Tuesday, January 21, 1996 at 6:30 p.m. at City Hall. • Page 3 - City Council Minutes 12/10/96 Winter Park Party - Councilmember Robert announced that the Parks Commission is sponsoring a party at the Cover Park warming house on Sunday, December 22nd, 1996 from 1:00 p.m. to 3:00 p.m. The Police Department will have police officers present to review the rules regarding usage of the park and the new park attendants will be introduced. A drawing will be held at 1:30 p.m. to distribute prizes. Sewer Backup Problem - Administrator Robertson reported that there was a sewer line backup last Saturday on 57th Street which affected several homes, one of which experienced severe damage. The backup was caused by some clothing which had been flushed into the sewer. Robertson indicated that the preliminary indication of the City insurance agent was that since the City had just cleaned the sewer line in 1995 that it would probably have no liability for any damages. Robertson indicated that the party with the most damage has been informed by his homeowner's insurance company that it will only cover $5,000 in damages. Council directed Robertson and City Attorney Vierling to work with the City's insurance company to try to cover any expenses not covered by the property owner's homeowners insurance policy. Cable - Councilmember Swenson stated that the next Cable Commission meeting will be Wednesday, December 18, 1996 at Bayport City Hall. St. Croix Valley Water Management Organization - Administrator Robertson stated that the previously scheduled MSCWMO meeting was canceled. The next meeting is scheduled January 22, 1997. 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 Rose Kelly, 14385 59th Street. Garbage Committee - Councilmember Swenson reported that all the apartments are now participating in the recycling program and requested that this item be removed from future agendas. Oak Park Heights Business Group - Mayor Schaaf reported that the OPHBG will meet Wednesday, January 8, 1996 at 7:30 a.m. at Applebee's. Newly elected City Councilmembers will be introduced and asked to speak about their vision for the community. • 411 Page 4 - City Council Minutes 12/10/96 Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - November 26, 1996 3. Budget Amendment - Increase Revenues - Insurance Refunds and Reimbursements from $0 to $1,230 and Increase Expenditures- Police Department Salaries of Regular Employees from $454,740 to $455,970 4. Renewal of City Administrator Contract 5. Renewal of Building Inspection Agreement with Bayport 6. Resolution 96 -12 -41 - A Resolution Making Interfund Transfers as Recommended in the 1996 Audit Report Councilmember Swenson, seconded by Beaudet, moved to approve the Consent Agenda as presented. Carried 4 -0. Mayor Schaaf thanked Councilmember -elect Turnquist on his work to coordinate the renewal of the City Administrator's contract. New Business: City Election Needs - Administrator Robertson stated that some people had to wait a considerable length of time in order to vote at the recent election and recommended purchasing additional voting booths. He also indicated that the Calvary Church site is too small to accommodate enough additional voting booths. Therefore, the City should try and either locate a new location or an additional precinct location by the 1998 election. Bridge Lobbying Proposal - Mayor Schaaf, seconded by Beaudet, moved to approve the contract with O'Connor and Hannan with a cap on the contract of $20,000 in attorney's fees and $1,000 in additional expenses to represent the City in lobbying the Secretary of the Department of Interior regarding the proposed MNDOT bridge. Councilmember Robert objected and indicated that she prefers to delay action on this item because the Secretary's decision is supposed to be announced soon. Councilmember Robert suggested holding a special meeting after the impact statement is announced. After some discussion, Mayor Schaaf, seconded by Beaudet, moved to withdrew the motion and add this item to the agenda of the December 18, 1996 Council meeting. Get - acquainted Party - Mayor Schaaf stated that there has been a suggestion to have a "get acquainted" party to introduce the new Council to City staff. The date for the party is Thursday, January 2, 1997 at 1:30 p.m. Newly elected Councilmembers will be sworn in and then meet City employees. Councilmember Swenson, seconded by Beaudet, moved to schedule a get acquainted party on Thursday, January 2, 1996 at 1:30 p.m. Carried 4 -0. • Page 5 - City Council Minutes 12/10/96 Stillwater Sports Facility - Councilmember Robert indicated that she was dissatisfied with the City of Stillwater's recent decision on who to hire to as design engineer for the proposed Sports Facility. Council agreed, and was in consensus to direct Administrator Robertson to draft a letter to Stillwater expressing the Council's opinion. Snow Plowing Issue - Councilmember Swenson expressed concern regarding the condition of some City streets due to ice buildup. Administrator Robertson stated that current City policy only calls for snow plowing after a 2 inch snow fall. Robertson indicated that he was aware that several recent snowfalls of % inch have caused problems with City streets. Robertson indicated that the streets have been sanded and salted, and that a warm sunny day would remove most of the ice. Robertson also reported that the County Sentence -to -Serve program would be cleaning off City walking paths on 58th Street and on O'Brien Avenue. After discussion, Robertson was directed to add the Swager Park and Valley View Park walkways to the list to be cleaned. Delay in MNDOT Highway 5 Bridge Project - City Engineer Anderlik announced that a MNDOT engineer told him there would be a delay in letting the Highway 5 bridge project until July, 1997. This means that the frontage roads will be rebuilt in the fall of 1997 and the Highway 5 bridge will not be rebuilt until 1998. MNDOT said that the reason for the delay is that they have not been able to acquire all of the needed right of way. Correspondence: List of 1997 Appointive Offices - Council reviewed a list of current 1996 appointments that need to be re- appointed in 1997. City Administrator Robertson stated that Paul Glasser is resigning from his appointment as the Civil Defense Director effective the end of 1996. Councilmember Swenson volunteered to serve as Civil Defense Director and resigned from his position on the Cable Commission. Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn at 8:45 p.m. Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS TRUTH -IN- TAXATION MEETING MINUTES, TUESDAY, DECEMBER 3, 1996 Call to Order: The meeting was called to order at 7:00 p.m. by Councilmember Robert. Present: Councilmembers Beaudet and Swenson. Absent: Councilmember Kern. Mayor Schaaf arrived at 7:09 p.m. Also present was Councilmember -Elect Turnquist. Staff Present: City Administrator Robertson and Finance Director Judy Holst. Truth -in- Taxation Hearing: Councilmember Robert opened the Truth - in- Taxation Hearing at 7:01 p.m. in attendance were Joseph Carufel, 14625 57th Street, Bob Ludwig, 14798 56th Street, and Robert Dalluhn, 14918 56th Street. Administrator Robertson discussed the proposed City Budget and 1997 tax levy. He described what portion of the City budget was used for each department, and how the proposed tax levy would effect property owners in the City. He noted that based on the information he had received, of a residents total property tax bill in 1997, 196 would go to the City, 246 would go to Washington County, 536 would go to the School District, and the remainder would go to special districts like the Metropolitan Council. Dalluhn said that his truth -in- taxation notice said his City property taxes were going up but that he read in the paper that they were supposed to be going down. Robertson said that the statements were mailed out by Washington County based on the preliminary 1997 tax levy that the City Council established back in September. Robertson indicated that the City Council has since reduced the 1997 tax levy further and that was the reason for the discrepancy. Ludwig said that his valuation has risen a lot since he purchased his house and that his taxes have gone up with his valuation. Council noted that property valuation was done by the County Assessor and the City had no control over it. Mayor Schaaf said that property values were rising because the St. Croix Valley was a desirable area to live. Hearing no further comments, Councilmember Swenson, seconded Beaudet, moved to close the public hearing at 7:33 p.m. Carried 4 -0. Administrator Robertson informed all in attendance that there would not be a continuation of the Truth -in- Taxation Hearing, and that the official 1997 Tax Levy & Budget approval meeting would be held Wednesday, December 18 at 7:00 p.m. at Oak Park Heights City Hall. Page 2 - Minutes 12/03/96 • Adjournment: Councilmember Robert, seconded by Swenson, moved to adjourn at 7:35 p.m. Carried 3 -0. Respectfully submitted, c " , „ Michael Robertson City Administrator • 411 • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, NOVEMBER 26, 1996 Call to Order: The meeting was called to order at 7:10 p.m. by Mayor Schaaf. Present: Councilmembers Beaudet and Robert. Absent: Councilmembers Kern and Swenson. Councilmember -elect Turnquist was also present. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Caron, City Planner Richards, and Police Chief Swanson. Visitor Comments: Request for Grant - Stillwater Area Chamber of Commerce - Jim Kellison, representing the Stillwater Area Chamber of Commerce (SACC) and Vice Chairman for the Board of Directors of the Stillwater Area Economic Development Corporation (SAEDC), was present to request the City contribute $2,500 to SACC and $2,500 to SAEDC to support their efforts. Mayor Schaaf, seconded by Robert, moved to approve a contribution of $2,500 to SAEDC for fiscal year 1996 and fiscal year 1997, with staff to recommend a source of funds for 1996. Carried 3 -0. Dave Piggot - Metro East Development Partnership - Dave Piggot of Metro East Development Partnership was present to discuss the steps that are necessary to start a light industrial park in Oak Park Heights. Piggot said there was a lot of movement of industrial companies from the west side of the metro area to the east side due to cheaper land costs. He indicated that Metro East Partnership provided the following services; industrial development services, research for the business community, entrepreneur services, and joint marketing for the entire metro east area. He indicated there is a $1,000 fee per year to become a member of the partnership. Council thanked Piggot for his presentation. US West /Lametti and Sons Construction - Explanation for Water Shutoff - Monday, November 11, 1996 - Guy Larson, foreman for Lametti and Sons Construction, was present to explain the causes for the recent disruption in water utility services. Larson apologized for the recent unauthorized shutoff of City water and assured the Council that there should not be any more disruptions in service. He said that Lametti should be finished with their construction work around Christmas. Department Reports: Police Department - Tobacco Compliance Checks - Chief Swanson reported that four out of 12 establishments checked by the Police were found to be in violation of City ordinance by selling tobacco to a minor. The four establishments were Walmart, Holiday, Club Tara, and Millroad Inn. The individuals selling were cited with misdemeanors. Swanson stated that his department plans to re -visit the four establishments and those still in • violation of the ordinance will be cited under state statutes. Page 2 - City Council Minutes 11/26/96 • Chief Swanson noted that recent Council action by passing the tobacco ordinance has improved the compliance rate from 40o to 670. Mayor Schaaf requested that Chief Swanson supply the Council with statistics regarding the sales clerks who are selling tobacco to minors. Budget Transfer - Swanson noted that the budget transfer of $1,670 on the Council agenda was a result of reimbursement by the State of Minnesota for City expenditures in the 4th phase of the Safe Sober campaign. Authorization to Order a Used Squad Car - Swanson requested authorization to order a used squad car from Superior Ford at the cost of $20,207.00 as provided for in the budget. Councilmember, Robert, seconded by Beaudet, moved to authorize Chief Swanson order a used squad car at the cost of $20,207.00. Carried 3 -0. Mediation Committee - Chief Swanson said that City prosecutor Greg Galler has contacted him regarding the possibility of establishing a mediation committee to try to resolve nuisance complaints and violations. Nuisance violations that can not be resolved in the mediation process could then be prosecuted by the City. • Parks Commission - Councilmember Robert stated that the Parks Commission will meet Monday, December 9, 1996 at 6:30 p.m. at City Hall. Cable - Administrator Robertson reported that King Video and REM Property Management are still in the process of discussing the proposal by King Video to reduce cable prices to less than the original prices if there is 1000 participation from all the people in the building and one bill can be sent to the property manager. Recycling Award - Administrator Robertson indicated that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Linda Martin, 14932 Upper 55th Street. Garbage Committee - Administrator Robertson reported that the United Waste will be picking up garbage on Friday rather than Thursday of this week as a result of the Thanksgiving holiday. Also, garbage will be picked up on Friday rather than Thursday the week of Christmas. Oak Park Heights Business Group - Administrator Robertson reported that the OPHBG will meet Wednesday, January 8, 1996 at 7:30 a.m. at Applebee's and that all of the newly elected officials will be invited to speak to the group and answer • questions. Page 3 - City Council Minutes 11/26/96 • Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - November 12, 1996 3. Renewal of Kennel License - MaryKay and Mike Moller - 14316 Upper 56th Street 4. Resolution 96 -11 -35 - A Resolution Approving Proposed Annual Liquor, Tobacco, and Amusement Licenses 5. Budget Amendment - Increase Revenues -Other Federal Revenues from $9,020 to $10,690 and Increase Expenditures- Police Department- Salaries of Regular Employees from $453,070 to $454,740. 6. Resolution 96 -11 -36 - A Resolution Establishing Applications for Kennel Permit Fees within the City of Oak Park Heights Pursuant to Ordinance 601.011 Et. Seq. 7. Request for Payment $85,218.61 - Brackey Addition Street & Utility Installation - Hydrocon, Inc. 8. Approval of Annual Auditing and Financial Services Agreement - Tautges, Redpath, and Co. City Attorney Vierling requested pulling Club Tara from the list of establishments who have applied for a 1997 liquor license. Councilmember Robert, seconded by Beaudet, moved to approve the Consent Agenda. Carried 3 -0. • Vierling stated that there are pending cases in the Washington County District Court which may impact the renewal of license for Club Tara Supper Club. Vierling recommended that the City Council grant the liquor licenses conditionally to Club Tara, subject to the outcome of the pending cases. Mayor Schaaf, seconded by Robert, moved to pass Resolution 96 -11 -39 - A Resolution Conditionally Approving Club Tara Supper Club, Inc. d /b /a Club Tara Hideaway for 1997 On -Sale and On -Sale Sunday Liquor License Subject to Further Review. Carried 3 -0. Public Hearing Proposed Street Vacation - NSP - Mayor Schaaf opened the Public Hearing at 7:40 p.m. Council reviewed a memo from City Planner Richards regarding the NSP A.S. King Ash Disposal Facility street vacation. Richards stated that his office recommends the City Council vacate the roadways as they will no longer be needed for traffic. Mike Thomas, representative from NSP, was present to answer any questions. Thomas stated that NSP would like to vacate its portion of the 4th Street easement to the adjoining property owned by Brian Jones. City Attorney Vierling stated that NSP would have to deed the property to the Jones in a separate agreement. Page 4 - City Council Minutes 11/26/96 • Chuck Dougherty, 306 West Olive Street, Stillwater, was present to express his opposition to the NSP project and asked the City to direct NSP to meet with him to discuss buying his property. Vierling stated that this public hearing was dealing only with the street vacations and asked Mr. Dougherty whether he had any objections to the vacation of the streets. Mr. Dougherty stated that he was concerned with the vacation of 59th Street since it brings the ash pit closer to his property. Thomas stated that NSP held two community meetings in January of 1995 and January of 1996 to listen to the residents concerns and make modifications to their plan and many modifications were made to accommodate citizens' concerns. Thomas said he could not address Dougherty's concerns because Dougherty had filed a lawsuit against NSP. Hearing no further comment, Councilmember Robert, seconded by Beaudet, moved to close the public hearing at 7:58 p.m. Councilmember Robert, seconded by Mayor Schaaf, moved to approve Resolution 96- 11 -38, a Resolution Vacating Streets per the conditions listed in the October 16, 1996 and November 19, 1996 memos from City Planner Richards. Council directed City Attorney Vierling draft an agreement between NSP and the City. Carried 3 -0. III Unfinished Business Sunnyside Utility Easement - Administrator Robertson reported that he met with the Sunnyside Board of Directors on Monday, October 21 to discuss the proposed utility easement, and asked what action the Council wanted to take next. City Attorney Vierling recommended that the Council discuss this in a closed session. Council was in consensus to discuss this item at the closed session at the end of the regular meeting. 1 New Business: Approval of Zoning Ordinance Summary - Council reviewed the Zoning Ordinance Summary of recent changes to the Zoning Ordinance. City Planner Richards stated that publishing the Zoning Ordinance Summary would meet the requirements for publishing the changes in the Zoning Ordinance. Councilmember Robert, seconded by Beaudet, moved to approve the Zoning Ordinance Summary for publication. Carried 3 -0. Ordinance Amending Section 401.01 of Chapter 401 to Add Section 401.01L, Parliamentary Procedure and Voting - City Attorney Vierling noted that a public hearing must be held before the proposed ordinance change can be brought to a vote. Mayor Schaaf, seconded by Beaudet, moved to set a public hearing regarding the Ordinance Amending Section 401.01 of Chapter 401 to • Add Section 401.01L on Tuesday, January 14, 1996. Carried 3 -0. Page 5 - City Council Minutes 11/26/96 • Resolution No. 96 -11 -37 - Adopting a Procedure for Directing Staff Activities on Informal Matters Presented to the City Council for the City of Oak Park Heights - Mayor Schaaf, seconded by Robert, moved to adopt Resolution 96 -11 -37 - Adopting a procedure directing staff activities on informal matters presented to the City Council for the City of Oak Park Heights. Carried 3 -0. Proposed 1997 Tax Levy - Mayor Schaaf, seconded by Robert, moved to reduce the proposed 1997 tax levy by $61,000, with the money to come from fund balance. Carried 3 -0. Tax Lev Ado•tion Meetin• and C•m•rehensive Plan Worksho• Date Changes - Mayor Schaaf stated that the Truth -in- Taxation meeting will be held Tuesday, December 3, 1996 at 7:00 p.m. at City Hall. Due to a conflict with Washington County's Truth -in Taxation Hearing date, the 1997 Tax Levy Adoption meeting previously scheduled for Tuesday, December 10, 1996 needs to be moved. Administrator Robertson noted that the Comprehensive Plan Workshop originally scheduled for December 3rd also needs to be rescheduled and recommended combining the two events. Mayor Schaaf, seconded by Robert, moved to set the 1997 Tax Levy Adoption date and the Comprehensive Plan Workshop for Wednesday, • December 18, 1996 at 7:00 p.m. Carried 3 -0. Change in City Council Meeting Start Time - Mayor Schaaf, seconded by Robert, moved to approve changing the time of the regularly scheduled City Council meetings from 6:30 p.m. to 7:00 p.m. The next City Council meeting is scheduled for Tuesday, December 10, 1996 at 7:00 p.m. City Administrator Contract - Councilmember -elect Turnquist suggested that one or two members of the Council meet with Administrator Robertson to go over his contract and then make a recommendation to Council. Council was in consensus that Mayor Schaaf and Councilmember -elect Turnquist will meet with Robertson and then bring a recommendation to Council at their next regular meeting on December 10, 1996. New St. Croix River Bridge Discussion - Mayor Schaaf noted a recent newspaper article that stated the proposed MNDOT bridge may not proceed as planned. Mayor Schaaf, seconded by Robert, moved to approve Resolution 96- 11 -40, a resolution that authorizes the City of Oak Park Heights enter into negotiations with the O'Connor, Hannan law firm to explore options for representing the City's interests in any new proposed river crossing. Carried 3 -0. Page 6 - City Council Minutes 11/26/96 • Correspondence: City Attorney Letter - Council reviewed a letter from City Attorney Vierling in response to Mayor Schaaf's proposed resolution regarding waste hauling contracts. Council directed Vierling to research the waste hauling contract for White Bear Lake and report back to the City Council. Adjournment: Council recessed to a closed meeting at 9:00 p.m. to discuss pending litigation. Council reconvened and Councilmember Beaudet, seconded by Schaaf, moved to adjourn at 9:50 p.m. Carried 3 -0. Respectfully submitted, Michael Robertson City Administrator 410 w OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, NOVEMBER 12, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Deputy Mayor Kern. Present: Councilmembers Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, and Police Chief Swanson. Resignation of Mayor Barbara O'Neal - Deputy Mayor Kern read a written statement from Mayor O'Neal announcing her resignation as Mayor effective November 6, 1996. City Attorney Vierling stated that the Council needs to decide whether they want to fill the vacancy or continue with Councilmember Kern acting as Deputy Mayor until December 31, 1996. In order to fill the vacancy the Council would need to pass a resolution declaring the vacancy and pass a resolution to fill the vacancy. Councilmember Robert, seconded by Swenson, moved to approve Resolution 96- 11 -31, accepting the resignation of Barbara O'Neal as Mayor of Oak Park Heights effective November 6, 1996 and declaring a vacancy in the office of Mayor. Carried 4 -0. Councilmember Robert, seconded by Swenson, moved to approve Resolution 96- 11 -32, appointing Councilmember Schaaf as Mayor of Oak Park Heights effective immediately until 12:00 p.m., December 31, 1996. Carried 4 -0. • Vierling noted that the Council needs to take action regarding the vacancy on the Council created by appointing Councilmember Schaaf as Mayor. Mayor Schaaf, seconded by Swenson, moved to adopt Resolution 96- 11 -33, declaring the vacancy of Councilmember Schaaf's position. Carried 4 -0. Mayor Schaaf suggested that Councilmember -elect David Beaudet be appointed to the Council since he received the most votes in the recent election. Mayor Schaaf, seconded by Kern, moved to adopt Resolution 96- 11 -34, appointing Councilmember -elect Beaudet to fill the City Council vacancy effective immediately until 12:00 p.m., December 31, 1996. Carried 4 -0. City Administrator Robertson administered the oath of office to Councilmember Beaudet. Visitor Comments: Laurie Maher, 3018 Marine Circle, Stillwater - Long Lake Homeowners Association - Maher was present representing the Long Lake Homeowners Association to request that the City of Oak Park Heights work cooperatively with the cities of Stillwater and Lake Elmo in order to solve problems created by stormwater runoff. City Engineer Anderlik stated that the City of Oak Park Heights has been working with other communities to control stormwater runoff. Anderlik noted that only a small portion of Oak Park • Heights runs into Long Lake and then on through Brown's Creek. Page 2 - City Council Minutes 11/12/96 • Anderlik stated that the City of Oak Park Heights already has a stormwater plan in place to improve water quality. The current plan adopted by the City for the Brown's Creek /Long Lake watershed restricts the rate of runoff to less than what existed before the area was developed. The City of Oak Park Heights also requires all new developments in the watershed to quantitatively assess the impact of potential flooding. Department Reports: Police - Chief Swanson reported that the Police Department's application for a grant to fund half the cost for a school liaison officer was not accepted. Chief Swanson stated that the grant application was not approved because the high school has a very low crime rate. Chief Swanson noted that 12 grants were awarded in the amount of $500,000. Highway 36 and 5 Improvements - MNDOT's Design for Ponding - City Engineer Anderlik stated that MNDOT has completed the design of the stormwater drainage system relating to the project. MNDOT proposed that the City enter into a cooperative agreement to share these costs. City Attorney Vierling recommended that the Council proceed with a feasibility study and authorize staff to enter into negotiations with the two affected property owners and MNDOT. Councilmember Swenson, seconded by Kern, moved to direct • Anderlik to prepare a feasibility study. Carried 5 -0. Councilmember Robert, seconded by Swenson, moved to direct City staff enter into preliminary negotiations with the affected property owners. Carried 5 -0. Utilities - Mayor Schaaf reported that 10 percent of the residents of Oak Park Heights were without water from 8:30 a.m. to 3:00 p.m. on Monday, November 11, 1996. City Administrator Robertson reported that the water shutoff was related to US West's cable installation project. Robertson indicated that US West was instructed to give the City 24 hours notice before the water was turned off so the City could give residents warning, and that US West had not given any warning and had turned the water off on their own. Council directed City staff to have the project manager of US West come to the next meeting and explain these actions. Council also directed City staff to direct callers on the after hours message system to a number they can call in case of an emergency. Parks Commission - Councilmember Robert reported that the Parks Commission met Monday, November 4, 1996. The Parks Commission recommended the Council approve the following: • Appoint Lynae Byrne as representative for the Parks Commission to fill the vacancy created by Commissioner Johnson's resignation. Page 3 - City Council Minutes 11/12/96 Councilmember Robert, seconded by Swenson, moved to appoint Lynae Byrne to the Parks Commission to fill the unexpired term of Mark Johnson. Carried 5 -0. • Approve Renee Sorenson's request to conduct a skating school on the hockey rink at Brekke Park from 3:00 p.m. to 5:00 p.m., starting the second week of January. Councilmember Robert, seconded by Swenson, moved to approve Ms. Sorenson's request to use the hockey rink at Brekke Park to conduct the skating school. Carried 5 -0. Councilmember Swenson requested City Administrator Robertson include an announcement regarding the skating clinic in the November newsletter. Cable - City Administrator Robertson reported that a meeting was held with Kent Leacock of King VideoCable and REM Property Management regarding cable tv price increases at the senior apartments. At the time of the meeting, Leacock agreed to reduce the prices back to the original prices if there is 1000 participation from all the people in the buildings and one bill can be sent to the property manager. This proposal is currently being discussed by King VideoCable and REM Property Management. Request to Pro -rate Kennel License Fee - Council reviewed a letter from Ken and Judy Taft regarding kennel license fees. The Taft's obtained a kennel license on October 3, 1996 and paid a $100.00 fee. The kennel license expires December 31, 1996 and needs to be renewed January 1, 1997 at the cost of $100.00. The Tafts requested that the City consider pro- rating the license fee based on the issuance date. Council directed City staff to revise the ordinance to state that the kennel license fee will be prorated at a rate of $25.00 per quarter upon the first year of initiation of license. Middle St. Croix Water Management Organization - Councilmember Swenson, seconded by Kern, moved to appoint citizen representative Barbara O'Neal to the Middle St. Croix Water Management Organization. Carried 5 -0. Recycling Award - City Administrator Robertson stated that the recipients of the $25.00 check from the City of Oak Park Heights for participating in its recycling program were Greg and Kathy Hartman of 5479 Oakgreen Place. Oak Park Heights Business Group City Administrator Robertson reported that the Oak Park Heights Business Group will not meet in December but will meet again in January. No topic has been planned for the January meeting. • Page 4 - City Council Minutes 11/12/96 • Garbage Committee - Councilmember Swenson reviewed a flyer from United Waste Systems that will be distributed to all residents of Oak Park Heights regarding collection of old appliances. United Waste is now requesting that residents of Oak Park Heights contact them on Wednesday before 3:00 p.m. to arrange collection of any old appliances. Appliances will continue to be collected every Thursday, and there is no additional charge for appliance collection. Councilmember Swenson noted that the appliances are being recycled instead of being placed in a landfill. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - October 22, 1996 3. Resolution 96 -11 -30 - A Resolution Approving Continued Support for the Metropolitan Livable Communities Act for Calendar Year 1997. 4. Approval of Annual Auditing and Financial Services Agreement - Tautges, Redpath, & Co. 5. Budget Transfer - $4,265 from General Fund - Contingency to Police Department -Other Contractual Services for Civil Defense Siren Repair 6. Request for Payment - Autumn Ridge 1st Addition - Arcon Construction - $15,931.30 7. Approval of Tractor Bid - M.J. Raleigh - $8,500.00 Mayor Schaaf requested that Item 4 be pulled from the Consent Agenda and tabled until the next City Council meeting scheduled Tuesday, November 26, 1996. City Administrator Robertson requested that Item 7 be pulled from the Consent Agenda. Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda with the exception of Items 4 and 7. Carried 5 -0. Robertson noted that the high bid of $8,500.00, was approximately $1,600.00 higher than the City had been offered for the tractor as a trade -in. Councilmember Kern, seconded by Robert, moved to approve the bid of M.J. Raleigh of $8,500.00 for the tractor. Carried 5 -0. Unfinished Business Street Reconstruction Area D - Estimated Study - City Engineer Anderlik reported that the estimated cost in obtaining soils and pavement condition information for street reconstruction in Area D and the preparation for a formal engineering report would be $17,850. Anderlik reported the project could move forward this fall, subject to frost conditions. Councilmember Robert, seconded by Swenson, moved to approve the expenditure of $17,850 for the testing and report. Carried 5 -0. • Page 5 - City Council Minutes 11/12/96 III Wellhead Protection Plan - City Engineer Anderlik reviewed the Wellhead Protection Plan proposal. Anderlik stated that development of a Wellhead Protection Plan is mandated by the State of Minnesota. Anderlik recommended the City proceed with Phase I of the Wellhead Protection Plan, which includes the following: • Delineation of the wellhead protection area. • Delineation of drinking water supply management area. • Drinking water supply management area vulnerability. • Report of findings. The cost of this phase is estimated at $26,480.00. Councilmember Kern, seconded by Swenson, moved to approve the expenditure of $26,480 for the completion of Phase I of the Wellhead Protection Plan. Carried 5 -0. 1996 Budget - 3rd Ouarter Financial Report - Council reviewed the summary of the third quarter 1996 budget figures. 1997 Salary Recommendations - Administrator Robertson reviewed a memo regarding the proposed 1997 employee salary recommendations. Mayor Schaaf requested that this issue be tabled and a workshop be scheduled to discuss the 1997 budget and salaries. • Proposed 1997 Tax Levy and Budget - Mayor Schaaf requested the City Council table discussion on this item and schedule a workshop to discuss the 1997 tax levy and budget. City Administrator Robertson suggested that the proposed tax levy and budget should be reviewed before the Truth in Taxation Hearing scheduled December 3, 1996. Workshop Date for Discussion of 1997 Salary Recommendations and the Proposed 1997 Tax Levy and Budget - Mayor Schaaf, seconded by Robert, moved to set a workshop date of Tuesday, November 26, 1996 from 6:00 p.m. to 7:00 p.m. to discuss the 1997 Salary Recommendations and the Proposed 1997 Tax Levy and Budget. Carried 5 -0. The regularly scheduled City Council meeting for Tuesday, November 26, 1996 will begin at 7:00 p.m. Workshop Date for Reviewing the Comprehensive Plan - Councilmember Swenson, seconded by Kern, moved to set a workshop date of Tuesday, December 3, 1996 at 7:30 p.m. to review the City's Comprehensive Plan. Carried 5 -0. • Page 6 - City Council Minutes 11/12/96 411 New Business: Low Income, Affordable Housing Meeting - Mayor Schaaf announced that he had received verbal notification from Tim Nolde that he intends to withdraw his application for a Conditional Use Permit and Rezoning that would allow him to construct low - income housing. Councilmember Swenson, seconded by Mayor Schaaf, moved to accept Mr. Nolde's request to withdraw his application. Carried 5 -0. Sanitation Notice Council reviewed the flyer from United Waste System regarding the new procedure for appliance pickup. Councilmember Beaudet noted that NSP used to have a program whereby they would pick up old appliances and offer a rebate to anyone who purchased a new energy efficient appliance. Council directed Administrator Robertson check to see if NSP is currently offering rebates for old appliances and add it to the newsletter if they are. November Newsletter Articles - Council reviewed an updated list of articles proposed for the November newsletter. Mayor Schaaf stated that he liked the format and artwork in the recent special newsletter and would like to make that the regular format for the newsletter. Administrator Robertson said that several companies had indicated an interest in submitting bids for the newsletter • and that he intended to have them submit bids for the Council to review in the first meeting of 1997. Robertson said it was his suggestion that the Council award bids for one year at a time. Request to Purchase "Rescue Rudy" and Carrying Case - Councilmember Swenson reported that the Fire Department has been conducting search and rescue drills in a house in Lower Oak Park Heights. As part of the search and rescue, firefighters are required to enter a smoke filled house to find and remove two "victims" which presently are two stuffed animals. To make the search and rescue drill more realistic and effective, Councilmember Swenson requested that the City purchase a "Rescue Rudy ", a 165 pound mannequin, and a carrying case. Total cost of the Rescue Rudy and carrying case is $865.00. Councilmember Swenson, seconded by Kern, moved to approve the expenditure from the Contingency Fund of $865.00 to purchase a "Rescue Rudy" and carrying case. Carried 5 -0. Correspondence: City Attorney Letter - Time Deadline for Agency Actions - Council reviewed a letter from City Attorney Vierling regarding Minnesota Statute 15.99 regarding time deadlines for agency actions. Council directed Administrator Robertson draft a letter to the State legislature regarding concerns they have about an applicant's ability to request an extension for an additional 60 days. • Page 7 - City Council Minutes 11/12/96 411 Letter Re: Wetland Replacement Plan from Minnesota Soil and Water Conservation District - Council reviewed a letter from the Minnesota Soil and Water Conservation District regarding the Wetland Replacement Plan submitted by MNDOT for St. Croix River Bridge, State Highway 36 sections in Browns Creek. City Engineer Anderlik will review the plan and report back to the Council. Lower St. Croix Planning Agency Meeting - Administrator Robertson stated that there will be a meeting on November 21, 1996 from 7:00 p.m. to 9:30 p.m. of the Lower St. Croix Planning Agency. Robertson asked whether there will be any Councilmembers attending the meeting. Councilmembers Robert and Swenson stated they are planning to attend the meeting. Council directed City Robertson post the Lower St. Croix Planning Agency Meeting as a City Council meeting. League of Local Governments - Councilmember Robert reported on a League of Local Governments meeting she attended. Adjournment: Council recessed to a closed meeting at 8:20 p.m. to discuss pending litigation. Upon cessation of the closed meeting, Councilmember Swenson, • seconded by Kern, moved to adjourn at 8:45 p.m. Carried 5 -0. Respectfully submitted, ,1 M ichael Robertson City Administrator • CITY OF OAK PARK HEIGHTS II I COUNCIL COUNCIL MINUTES, WEDNESDAY, NOVEMBER 6, 1996 Call to Order: The meeting was called to order at 4:02 p.m. by Deputy Mayor Kern. Present: Councilmembers Robert and Swenson. Absent: Councilmember Schaaf. Staff Present: City Administrator Robertson. Canvas Election Results: Administrator Robertson reported the election results as follows. Office Precinct 1A Precinct 1B Totals Mayor David Schaaf 487 430 917 Barb O'Neal 415 330 745 Councilmember David Beaudet 551 414 965 Jerry Turnquist 483 461 944 Chris Zeuli 269 245 514 Bond Referendum No 583 591 1,174 Yes 257 142 399 • Robertson reported that there were 2201 voters registered at the start of the day, and 301 new registrants during the day. Of these, 1734 voted for a voter turnout of 69.3 %. Robertson noted that since many of the new registrants were people previously registered in Oak Park Heights, the actual voter turnout was higher than 70 %. Councilmember Robert, seconded by Kern, moved to approve the election results. Carried 3 -0. Adjournment: Robert, seconded by Swenson, moved to adjourn at 4:10 p.m. Carried 3 -0. Respectfully submitted, `,. 0 Mic ael Robertson City Administrator III 1------------------- • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, OCTOBER 22, 1996 Call to Order: The meeting was called to order at 7:05 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson, Public Works Director Benson, City Attorney Vierling, City Engineers Anderlik & Caron, City Planners Richards & Teague, and Police Chief Swanson. Rainbow Foods Announcement - Mayor O'Neal announced that there has been an agreement between landowner Bob Brackey and developer Oppidan, Inc. to build a Rainbow Foods in the fall of 1997. Mayor O'Neal stated that, while representatives from Rainbow Foods have not approached the City for any approvals, the City would welcome Rainbow Foods to Oak Park Heights. Visitor Comments: Up With People - Danielle Baylee and Pamela Williams, representatives from Up With People, were present to invite residents of Oak Park Heights to an Up With People production at Stillwater Senior High on Saturday, November 2, 1996. Candidate Withdrawal From the City Council Election - Christopher Zeuli, 5681 Novak Avenue North, regretfully announced his withdrawal from candidacy for City Council due to work conflicts. • Employee Recognition: The Council recognized Public Works employee Jeff Kellogg for 19 years of service. The Council expressed appreciation to Kellogg for his service and dedication to the City. Department Reports: Police - Chief Swanson reported that Police Department has received a $40,000 grant for the Safe and Sober Task Force. Swanson expects to report on the status of the State training grant at the next City Council meeting. Bike Trail Snowmobiling Complaints - Chief Swanson reported that he has received complaints regarding snowmobilers using the bike path near O'Brien and Oakgreen. A resident has requested that posts be installed to prevent snowmobilers from using the bike path. Swanson recommended that the City Council take some sort of action to prevent snowmobile access to the bike path. Christopher Zeuli, 5681 Novak Avenue North, requested that any posts installed be spaced wide enough for a baby stroller to pass through. Council directed Administrator Robertson to follow -up regarding installation of posts. • Page 2 - Minutes 10/22/96 • Request for Authorization to Hire - Chief Swanson stated that Sergeant Jorgenson's anticipated retirement date is January 3, 1997. Swanson requested Council authorize the promotion of part - time officer Brian DeRosier to full -time officer. Swanson recommended that DeRosier start at the second year pay rate for police officers. All other benefits, including vacation, holiday, length of service, etc., would be set at first year levels. Councilmember Kern, seconded by Swenson, moved to approve the promotion of Brian DeRosier to full -time Police Officer for the City of Oak Park Heights effective January 3, 1997 contingent upon the retirement of Sergeant Jorgenson. Carried 5 -0. Promotion of Police Officer Paul Hoppe - Chief Swanson requested the City promote Officer Paul Hoppe to the position of Sergeant effective January 3, 1997. Chief Swanson stated that Mr. Hoppe did an excellent job on both written and oral tests last summer and was the top choice of the interview committee. Councilmember Swenson, seconded by Kern, moved to promote Paul Hoppe to Sergeant effective January 3, 1997. Carried 5 -0. Mobile Emergency Chlorination Equipment - Public Works Director • Benson reported on installation costs for chlorination equipment. Councilmember Kern, seconded by Swenson, moved to approve the purchase of two chlorination systems at the cost of $4,390 each plus sales tax and installation costs, to be paid from the Water Fund. Carried 5 -0. Snow Plow - After reviewing a letter from Crysteel Truck Equipment regarding remounting a 10 year old plow on a new truck, Council was in consensus to purchase a new plow for the new truck. Parks Commission - Councilmember Robert stated that the Parks Commission will meet Monday, November 4, 1996 at 6:30 p.m. at City Hall. Councilmember Robert updated the Council regarding the following issues: 1. Andy Salmen's Eagle Scout project at Brekke Park should be completed by the next Parks Commission meeting. 2. Applications are still being accepted for the vacancy on the Parks Commission. 3. Councilmember Robert, Administrator Robertson, Jack Krongard, and residents of new homes near Valley View Park met to talk about the design of the Valley View Park access. Councilmember Robert, seconded by Swenson, moved to direct • Robertson to negotiate with Krongard and the homeowner regarding the park access. Carried 5 -0. Page 3 - Minutes 10/22/96 • Potential Composting Site at Valley View Park - Councilmember Swenson asked whether the City can open up a site at Valley View Park for residents to bring their leaves for composting. Robertson indicated that compost sites can sometimes turn into dumps. Jerry Turnquist suggested that the City should contact Washington County regarding any regulations about establishing compost sites. Canvas Results Meeting - Councilmember Schaaf, seconded by Swenson, moved to set Wednesday, November 6, 1996 at 4:00 p.m. to review election results. Carried 5 -0. Request to Post Election Materials - Administrator Robertson stated that he received a request by a candidate who was interested in posting campaign literature at City Hall. Council directed City Staff allow brochures to be displayed on the shelves in the lobby at City Hall. All material displayed must be removed on the day of the election. Cable Commission - Councilmember Swenson stated that the Cable Commission met last Wednesday, October 16th and discussed King Video Cable's removal of the senior discount cable rate for seniors in senior high rise buildings. Costs would increase from $10.56 per month to $28.78. This action was instituted by King • Video Cable and there was nothing the Cable Commission or the City Council could do about it. King Video Cable stated that they would maintain the current discount rate for seniors in high rises if there was a 100% subscription rate. Currently 54 units out of 86 units subscribe to cable television. Councilmember Swenson, seconded by Schaaf, moved to direct City staff to meet with King Video Cable to see if they could work out any arrangement to maintain the current rate. Carried 5 -0. Middle St. Croix Water Management Organization - Mayor O'Neal reported that the MSCWMO will meet Wednesday, October 30, 1996. Recycling Award - Mayor O'Neal stated that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Doris Mondor, 14616 57th Street. Garbage Committee - Councilmember Swenson reported that he is continuing to work with Jeff Glewwe of United Waste Management to improve recycling at the apartment buildings in Oak Park Heights. Oak Park Heights Business Group - The OPHBG will meet Wednesday, November 6, 1996 at 7:30 a.m. at Applebee's Restaurant. City Planner Richards will review the City's Comprehensive Plan. 411 Page 4 - Minutes 10/22/96 Landfill Resolution Draft - Councilmember Schaaf distributed a draft of a resolution that would require haulers for the City to haul waste to a Minnesota landfill location to prevent any potential liability. Mayor O'Neal noted a letter received from the Stillwater Area Chamber of Commerce regarding the Junker Sanitation Landfill lawsuit. City Attorney Vierling recommended tabling this issue until he can review the letter. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - October 8, 1996 3. Set Public Hearing - Anchobaypro, Inc. - Proposed Rezoning, Site Plan, Subdivision, Planned Unit Development Approvals - November 26, 1996 4. Approve Request for Payment - Autumn Ridge 2nd Addition - Ryan Contracting - $27,886.24 5. Ordinance No. 96- 1401 -06 - An Ordinance Repealing Section 1401.025 of Chapter 1401 of the Code of Ordinances of the City of Oak Park Heights 6. Approve Request for Payment - Valley View Estates Phase II - Phase Asphalt - $24,619.25 7. Approve League of Minnesota Cities 1997 Dues $2,315.00 Councilmember Robert requested pulling Item 3 on the Consent • Agenda. Councilmember Schaaf, seconded by Robert, moved to approve the Consent Agenda as presented, excluding Item 3. Carried 5 -0 on roll call vote. Councilmember Robert questioned the City's obligation to conduct a public hearing within the 60 day time frame as outlined in the City statutes. Robertson noted that he received a letter from Tim Nolde on October 3, 1996 asking that his public hearing scheduled for October 22, 1996 be delayed until November, and so consequently did not send out any public hearing notices. City Attorney Vierling stated the 60 day time frame for the City to respond to the application for the CUP is extended due to Mr. Nolde's request for extension. Councilmember Robert, seconded by Swenson, moved to set the Public Hearing date for Anchobaypro, Inc. November 26, 1996. Carried 5 -0. Unfinished Business Review of Street Reconstruction Plan - Council reviewed a memo from City Engineer Carol Caron regarding soils in reconstruction Area D. Caron was present and said that there have been no soil borings taken in Area D. Without soil boring information it is difficult to determine the types of soils that would be encountered in the reconstruction of the streets. • Page 5 - Minutes 10/22/96 Council questioned Caron regarding the utility of seal coating and crack sealing Area D if the streets are not reconstructed. Caron said she thought that should be done if Area D was not reconstructed within the next two years. Caron also stated that there is minimal cracking of the streets so far in reconstruction Area A, which was reconstructed last year. She recommended waiting until next year to look at crack sealing Area A along with any other crack sealing that might be necessary in the City. Councilmember Schaaf, seconded by Swenson, moved to authorize the City Engineer's office to prepare a feasibility report for Area D, and to seal any cracks if warranted and cost effective. Carried 5 -0. Proposed City Hall Use Policy - Council reviewed a draft of the City Hall Use Policy prepared by Administrator Robertson. Councilmember Swenson, seconded by Kern, moved to adopt the City Hall Use Policy as presented. Carried 5 -0. The $5.00 fee collected for use of City Hall will go into the General Fund. Proposed Educational Reimbursement Policy - Council reviewed an Educational Expenses Reimbursement Policy drafted by Administrator Robertson. Councilmember Kern, seconded by Swenson, moved to approve the Educational Reimbursement Policy. • Councilmember Robert requested that the statement "the education must be job related" be added as a condition for tuition reimbursement. After some discussion, Councilmembers Kern and Swenson withdrew their motion. Councilmember Kern, seconded by Robert, moved to amend his motion to approve the Educational Reimbursement Policy with the change noted by Councilmember Robert. Carried 5 -0. Public Hearings: Continuation of Proposed Rezoning & Conditional Use Permit - Arbys/Sbarro - Mayor O'Neal re- opened the Public Hearing at 7:36 p.m. City Planner Richards reviewed a memo summarizing issues that were discussed at the October 8, 1996 City Council meeting along with revised conditions of approval. Richards recommended the approval of the proposed rezoning of the property from 0, Open Space to B -2, General Business, and approval of the proposed Conditional Use Permit (CUP) with the conditions based on information contained in the September 26, 1996 and October 14, 1996 memos. City Attorney Vierling reviewed concerns related to stormwater ponding and utility connections in a letter to the City dated October 16, 1996. Vierling recommended that the City Council not approve the rezoning and CUP until the issues were resolved. • Page 6 - Minutes 10/22/96 411 Doug Kennedy, representing Arbys /Sbarros, was present to answer questions. Kennedy stated that he would like the site plan approved at today's public hearing even though issues involving the landowner may not be resolved. Jim McGovern, representing landowner Bob Brackey, was present to discuss the conditions proposed in the staff reports. McGovern said that he would like to separate the issue of approval of the site plan versus issues for the landowner, such as the stormwater ponding and the utility connection charges. McGovern stated that his engineers are in agreement with the City's engineers regarding calculations for the necessary stormwater ponding. At issue, according to McGovern, is the amount of stormwater ponding that the Brackey Addition should provide as opposed to the amount required for the entire area of 257 acres. McGovern also objected to the cost of the utility connection charges to 60th street utilities. City Engineer Anderlik noted that Brackey's costs to connect to utilities in 60th Street was the same costs that all other property owners along 60th Street had paid. Anderlik further noted that if Brackey wished, he could connect to the utility lines he had installed in Krueger Lane at no cost. • After much discussion regarding the utility hookup issue, Councilmember Schaaf, seconded by Swenson, moved to close the Public Hearing at 8:30 p.m. Carried 5 -0. Councilmember Robert, seconded by Swenson, moved to approve the Arbys /Sbarros Conditional Use Permit, Rezoning, and site plan contingent upon compliance with all staff recommendations. Carried 5 -0. Continuation of Public Hearing - Proposed Zoning Ordinance Update - Mayor O'Neal opened the Public Hearing at 8:35 p.m. City Planner Richards reviewed a memo outlining revisions to the landscape section of the Zoning Ordinance, and discussed changes related to compliance with the State Building Code. Councilmember Schaaf, seconded by Swenson, moved to close the Public Hearing at 8:38 p.m. Carried 5 -0. Councilmember Swenson, seconded by Kern, moved to approve the proposed Zoning Ordinance update. Carried 5 -0. • Page 7 - Minutes 10/22/96 Northern States Power - Proposed Rezoning & Conditional Use Permit - Mayor O'Neal opened the Public Hearing at 8:39 p.m. Cary Teague of the City Planner's Office, reviewed the staff report regarding NSP's request for a Conditional Use Permit (CUP) to allow mining and land reclamation in excess of 400 cubic yards. NSP also requested rezoning a portion of the site from R- 2, Low and Medium Density Residential to I, Industrial to accommodate the proposed use. NSP also requested the vacation of certain roadways that are platted within the proposed rezoning area. Mayor O'Neal stated that the Council can not act on NSP's request for street vacation because a public notice was not sent. Mike Thomas, a representative from NSP, was present and discussed NSP's plans for the expansion of the landfill. He said based on present usage this would extend the life of the landfill and power plant until 2014. Jim McCollum, 14269 North 57th Street, asked Thomas about the potential environmental impact the coal fly ash could have on the surrounding community. Thomas stated that the MCPA has outlined all the steps NSP has to take in order to meet state guidelines for disposal of the fly ash, that NSP will comply with those guidelines, and that there should not be any adverse impact upon • the community. Chuck Dougherty, 306 West Olive Street, Stillwater, owner of the bed & breakfast at 15330 58th Street, stated that he was opposed the project and requested that the City table the issue until NSP has met with him. Dougherty expressed concerned that his property value might be negatively affected as a result of the expansion and rezoning of the property. He stated he wanted NSP to met with him and negotiate a purchase of his property. Dougherty also said he thought that the project will not be necessary if MNDOT does not proceed with construction of the bridge. Thomas stated that NSP is committed to moving forward with the project, regardless of the status of MNDOT's plans regarding bridge and highway reconstruction. Brian Jones, 15331 58th Street, objected to rezoning the area outside the landfill for fear of future development. He said he had no objections to rezoning the area that would become part of the landfill. Thomas said that the State of Minnesota required that the buffer area around the landfill be rezoned to industrial, and that was the only reason NSP was requesting it. Thomas also stated that future redevelopment of the buffer area with industrial uses • would require permits from the State and the City. Thomas said he had no problems with any of the City staff's recommendations. Page 8 - Minutes 10/22/96 III Councilmember Robert, seconded by Kern, moved to close the Public Hearing at 9:23 p.m. Carried 5 -0. Councilmember Robert, seconded by Swenson, moved to approve the Conditional Use Permit and Rezoning subject to conditions noted in the staff report. Carried 5 -0. Councilmember Robert requested NSP accommodate the resident's concerns regarding fencing around the facility. Thomas stated that NSP is committed to accommodate concerns regarding the fence. New Business: Set a Public Hearing Date - Councilmember Schaaf, seconded by Kern, moved to set a Public Hearing date of November 26, 1996 to discuss vacation of the following streets as requested by NSP; Carried 5 -0. 1. A portion of 58th Street west of Peabody Avenue. 2. A portion of 59th Street west of Beach Road. 3. A portion of Upper 59th Street west of Beach Road. 4. An alley contained within Block 9, Oak Park Subdivision. 5. A portion of Peabody Avenue north of 59th Street. 6. Un -named roads on the west edge of Oak Park Subdivision that are contained within the NSP property boundaries. • Request for Minor Subdivision - Martin Siebert - 5670 Penfield Avenue North - Council reviewed a memo from Administrator Robertson regarding Siebert's request for a Minor Subdivision in order to sell the west 20 feet of lot 7 to Keith and Katherine Bruchu. Siebert requested the minor subdivision be granted without a public hearing, as he wished to expedite the sale. Councilmember Swenson, seconded by Kern, moved to grant the minor subdivision without a public hearing with the following conditions: 1. All parcels and remnant parcels that are under one ownership should be joined together. 2. The joining should be done and recorded at the same time. 1997 Salary Recommendations - Councilmember Schaaf, seconded by Kern, moved to table discussion on proposed 1997 employee salaries until the next City Council meeting scheduled Tuesday, November 12, 1996. Correspondence: Washington County - Request for Speed Study on Osgood Avenue North - Councilmember Schaaf, seconded by Swenson, moved to approve the request for a speed study on Osgood Avenue. Carried 5 -0. • ...I......m........,..,....--,-......_..._. Page 9 - Minutes 10/22/96 Adjournment: Councilmember Kern, seconded by Swenson, moved to table the closed session discussion of the proposed resolution regarding the Junker Landfill by Councilmember Schaaf. Carried 5 -0. Councilmember Swenson, seconded by Kern, moved to adjourn at 10:50 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, OCTOBER 8, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Deputy Mayor Kern. Present: Councilmembers Robert, Schaaf, and Swenson. Staff Present: Deputy Clerk /Finance Director Holst, Public Works Director Benson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Mayor O'Neal arrived at 6:35 p.m. Visitor Comments: Darrel Haase was present to object to something that was reported in an article printed in the Pioneer Press. Haase said the article stated that there were contaminated wells on his father's property and, in fact, there are no contaminated wells. Councilmember Schaaf stated that environmental tests have found no evidence of contamination in any of the wells located on the Haase property. Jack Doerr, Chair, Central Cable Commission - Doerr reported that King Video Cable has eliminated bulk rate pricing for senior citizens in the high rises. Senior citizens will now be paying the regular subscriber price ($30.00 versus $9.00). Mr. Doerr stated that as a result of the Cable Act of 1972, which stripped commissions of power to regulate rates, there is nothing the commission can do to prevent the price increase. Council • expressed concern, noting that cable television provides a great service to senior citizens, and many can not afford the price increase. Mr. Doerr encouraged residents to attend a Public Hearing scheduled Wednesday, October 16, 1996 at 7:00 p.m. at Bayport City Hall to voice their opinion. Councilmember Robert, seconded by Schaaf, moved to direct Administrator Robertson write a letter to the Cable company stating disappointment with the raise in rates for senior citizens. Carried 5 -0. Department Reports: Police Department - Council reviewed a request from Officer Joe Croft that the City reimburse 80% of his educational expenses. Because there is no written policy, Chief Swanson requested input from the City Council. Councilmember Swenson, seconded by Kern, moved to approve authorizing up to 80% of Joe Croft's educational expenses. Carried 5 -0. Council directed Administrator Robertson draft a policy regarding educational reimbursement to review at the next City Council meeting Tuesday, October 22, 1996. • Page 2 - Minutes 10/8/96 • Public works Department - Public Works Director Benson informed Council that the company who installs the snow plows will not install a 10- year -old blade on a new truck. Therefore, the City will have to budget an additional $3,100.00 for a new blade. Councilmember Swenson asked Benson to obtain a letter from the Company stating they can not install the old blade and to adjust the 1997 budget for the amount of a new blade. Mobile Emergency Chlorination Equipment - Public Works Director Benson reported there are no portable emergency chlorination units available. The cost of chlorination equipment is $4,390 per unit, and the City would need two units, one for each well. Benson stated that the well houses are already plumbed for the equipment and it would only take one to two days to install the equipment. Benson stated that if there is an emergency with one well, the other well could serve the City until the first well could be repaired. Council requested Benson investigate the cost of installation of the chlorination equipment and report back at the next City Council meeting. Parks Commission - Councilmember Robert reported that Commissioner Mark Johnson has resigned from the Parks Commission. The Parks Commission is looking for a volunteer to serve the • remainder of Johnson's term. Anyone interested can send a letter to City Hall stating interest in serving on the Parks Commission. Letters will be accepted for 30 days. The Parks Commission will meet Monday, November 4, 1996 at 6:30 p.m. at City Hall. Cable - Councilmember Swenson reported that the Cable Commission will meet October 16, 1996 at Bayport City Hall. There will be a Public Hearing at 7:00 p.m. Browns Creek Water Management Organization - Mayor O'Neal reported that Stillwater Township has drafted a resolution favoring dissolving the BCWMO. Middle St. Croix Water Management Organization - Mayor O'Neal reported that the MSCWMO will meet Wednesday, October 30, 1996 at Bayport City Hall. Recycling Award - Mayor O'Neal noted that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Jean Jacoby, 5585 Ozark Avenue North. Garbage Committee - Councilmember Swenson reported that he will meet with Kingwood Management on Thursday, October 10, 1996. Swenson reported that the recycling program is going well at the apartment buildings. • Page 3 - Minutes 10/8/96 • Oak Park Heights Business Group - Councilmember Schaaf reported that the OPHBG met Wednesday, October 2, 1996. Police Chief Swanson and Officers Kropidlowski and Croft gave an excellent presentation. There was also a discussion regarding the Junker Landfill lawsuit. Employee Recognition: The Council recognized Deputy Clerk /Finance Director Judy Holst for 17 years of service. The Council expressed appreciation to Hoist for her service and dedication to the City. Consent Agenda: 1. Approve Bills and Investments 2. Approve Council Meeting Minutes - September 24, 1996 3. Approve Council Workshop Minutes - September 18, 1996 4. Resolution 96 -10 -28 - A Resolution Returning Tax Forfeited Parcel 60375 -5825 to the State of Minnesota Pursuant to Minnesota Statute 282.01, subd.ld 5. Request for Payment - Kangas Tank and Maintenance - Washing Water Tower - $3,200 6. Request for Payment - Hydrocon, Incorporated - Brackey Addition Utility & Street Improvements - $162,226.75 Councilmember Schaaf, seconded by Swenson, moved to approve the Consent Agenda as presented. Carried 5 -0. • Unfinished Business Water Supply Plan Recommendations - Council reviewed a memo from City Engineer Mark Wallis regarding the Water Supply Plan. Councilmember Schaaf noted that Phase I of the Water Supply Plan has already been approved. No action was taken. Capital Improvement Fund Reallocations - Council reviewed a memo from Deputy Clerk /Finance Director Holst regarding Capital Improvement Fund Reallocations. Holst recommended reallocating $27,000 from Unallocated to Sealcoat, $35,000 from Unallocated to Street Reconstruction, $51,000 from Unallocated to Recreation, and $15,000 from Unallocated to Perro Creek. Holst noted the reallocations will leave a balance of $51,029 in the Unallocated sub - account. Councilmember Schaaf, seconded by Swenson, moved to adopt the reallocations as recommended by Deputy Clerk /Finance Director Holst. Carried 5 -0. 1997 Budget - Council reviewed a memo from Deputy Clerk /Finance Director Holst regarding changes to the budget. Holst recommended increasing the Park and Recreation Telephone and Telegraph from $1,500 to $2,200, increasing Park and Recreation Maintenance of Building and Structures from $1,000 to $6,500, and decreasing Contingency from $15,000 to $8,800. Councilmember Schaaf, seconded by Swenson, moved to adopt the changes • recommended by Holst. Carried 5 -0. Page 4 - Minutes 10/8/96 411 Review of Grants Status - Council reviewed a memo from Administrator Robertson regarding Chamber grants. No action was taken. Public Building Use - Councilmember Robert, seconded by Swenson, moved to direct Administrator Robertson draft a public building use policy. This policy would include: 1) the person requesting use of the building must be a resident of Oak Park Heights; 2) there must be a contact person; and 3) require a $25.00 deposit, with a $20.00 refundable deposit. Carried 5 -0. Review of Street Reconstruction Plan - Council reviewed cost estimates for the total reconstruction of the streets in Area D from City Engineer Carol Caron along with MNDOT's estimated road reconstruction schedule for Area D provided by MNDOT Engineer Jeff Gibbons. Councilmember Robert asked whether the County had any plans for Paris Avenue. Mayor O'Neal reminded the Council of a workshop with the County scheduled Thursday, October 17, 1996 from 5:30 to 8:30 p.m. Councilmember Robert asked about soil boring reports. Councilmember Robert, seconded by Swenson, moved to direct Administrator Robertson draft a letter to the County regarding their plans for Paris Avenue and Beach Road as it relates to Highway 36. Robertson was also directed to obtain the soil boring tests that were taken as part of the original street . reconstruction management program. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to table the issue until the October 22, 1996 City Council meeting. Carried 5 -0. Council directed City Administrator Robertson to send a letter to residents in Area D who may be affected by the street reconstruction plan notifying them of the meeting October 22, 1996. Public Hearings: Proposed Conditional Use Permit - Arbys /Sbarro - Mayor O'Neal opened the Public Hearing at 7:35 p.m. Cary Teague of the City Planner's office reviewed the staff report regarding the proposed Conditional Use Permit and Rezoning for Arbys /Sbarro. Conditions that were discussed at length were landscaping and the overall development of the area. Jim McGovern, representative for landowner Bob Brackey, stated that he understood that the area development plan submitted should be considered a conceptual plan and was not considered to be a final plat. City Planner Richards stated that his office was in agreement that the plat was only a conceptual plan and not a final plat. Attorney Vierling cautioned the Council that MNDOT must approve all driveways or streets which connect to their road system. • Page 5 - Minutes 10/8/96 Doug Kennedy, Vice President of Franchise Associates, gave a presentation of the history and brief overview of Arbys /Sbarro. If the CUP and Rezoning is approved by the City, Kennedy plans to begin building next summer and open in the fall. Kennedy said that he has reviewed the report completed by the City Planner's office. Kennedy noted the following concerns regarding the report: 1) Arbys /Sbarro would like names on the awnings over the drive - through windows. 2) The size of the drive - through menu board. 3) The request for a 10 foot side yard setback when the current ordinance only requires a 5 foot setback. 4) Request for a snow removal plan. Ms. Linda Peterson, McCormack's Furniture was present and expressed no objection to the proposed Arbys /Sbarro. McGovern expressed concern regarding the City Engineer's recommendation that Arbys /Sbarro would have to create another storm water storage pond. McGovern thought the 29.4 acre stormwater pond was more than sufficient for the storm water needs of the entire Brackey Addition. City Engineer Anderlik stated that the storm water ponding site was based on very dense development and the amount of needed storm water storage has not changed. After much discussion, Councilmember Schaaf, seconded by Swenson, moved to table the public hearing until October 22, 1996. Carried 5 -0. Continuation of Public Hearing - Proposed Zoning Ordinance Update - Mayor O'Neal re- opened the Public Hearing at 9:05 p.m. City Planner Richards reviewed the major changes in the proposed Zoning Ordinance. Councilmember Swenson asked whether landscaping issues should be addressed in the proposed Zoning Ordinance. Council directed Richards to include some language regarding issues related to landscaping. Councilmember Schaaf, seconded by Swenson, moved to approve Resolution 96- 10 -29, A Resolution Establishing Findings of Fact that Zoning Regulations of Sexually Oriented Businesses are Necessary to Minimize the Secondary Adverse Effects of Such Business in the City of Oak Park Heights. Carried 5 -0. Councilmember Schaaf, seconded by Kern, moved to table the public hearing on the Proposed Zoning Ordinance Update in order that the City Planner can make further revisions. Carried 5 -0. 410 Page 6 - Minutes 10/8/96 New Business: Fire Substation Referendum - Establish Public Information Dates - Councilmember Swenson, seconded by Schaaf, moved to set Tuesday, October 22, 1996 from 6:00 p.m to 7:00 p.m. and Monday, November 4, 1996 at 7:00 p.m. as public information meetings for the Fire Substation referendum. Carried 5 -0. Change in Time of City Council Meeting - Councilmember Schaaf, seconded by Swenson, moved to change the start time of City Council meeting scheduled for Tuesday, October 22, 1996 from 6:30 p.m to 7:00 p.m. Carried 5 -0. Candidate Forum - Councilmember Robert requested that the City Council consider sponsoring a candidate forum. The forum will be televised on cable television. Councilmember Robert will contact the League of Women's Voters and the Stillwater Chamber of Commerce to request a representative serve as moderator for the forum. Councilmember Robert, seconded by Schaaf, moved to sponsor a candidate forum to be held October 28, 1996 at 8:00 p.m. at City Hall. Carried 5 -0. Correspondence: Letter from Matt Webster - Sunnyside Condominiums - Council reviewed a letter received from Matthew Webster, President of Sunnyside II, requesting further details regarding the City's responsibility for restoring property that will be affected by the proposed MNDOT's street re- construction project. Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn at 9:30 p.m. Carried 5 -0. Respectfully submitted, C Judy Holst Deputy Clerk /Finance Director • • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, SEPTEMBER 24, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal. Present: Councilmembers Robert, Schaaf, and Swenson. Absent: Councilmember Kern. Staff Present: City Administrator Robertson, City Attorney Vierling, Public Works Director Benson, City Engineer Anderlik, and City Planner Richards. Visitor Comments: Otto Bonestroo was present representing the St. Croix Sports Facility Commission and requested that the City consider raising their pledged contribution from $100,000 to $200,000 for the proposed sports facility. Councilmember Swenson, seconded by Schaaf, moved to approve a pledge of $200,000, with $50,000 to paid up front, and $150,000 paid over ten years at $15,000 a year to fund the construction of a sports facility. Carried 4 -0. Council thanked Bonestroo for his work on the project. Department Reports: Parks Commission - Councilmember Robert reported that the Parks Commission will meet Monday, October 7, 1996 at 6:30 p.m. at City . Hall. Garden Committee Perennial Sale - Councilmember Robert reported that the Garden Committee raised $790.00 at the Garden Committee's perennial sale. The Garden Committee is planning to hold a perennial sale each spring and fall. The Garden Committee is requesting that the City approve setting aside 25% of all sale proceeds from perennial sales for use by the Garden Committee. Councilmember Robert, seconded by Swenson, moved to approve setting aside 25% of Garden Committee perennial sales proceeds to be used for future park enhancements. Carried 4 -0. Park Projects - Councilmember Robert reported two projects underway or completed at area parks. A Cub Scout group has planted a flower garden at Brekke Park, and another Cub Scout Troop 114 is in the process of planting bulbs in Cover Park. Property Tax Reform Summit - Administrator Robertson noted the Property Tax Reform Summit is scheduled for Monday, October 7, 1996 at 5:15 p.m. at the Washington County Government Center. Request for Addition to City's List of Eligible Depositories - Administrator Robertson stated that the 1st National Bank of Farmington has requested that their bank be added to the list of • eligible depositories for CD's. Currently, 1st National Bank of Farmington is paying between one -half and one point above other city's rates. Page 2 - Minutes 09/24/96 411 Councilmember Swenson, seconded by Schaaf, moved to approve placing 1st National Bank of Farmington on the list of eligible depositories for the City of Oak Park Heights. Carried 4 -0. Water Management Organization - Mayor O'Neal updated Council on the process of the Brown's Creek WMO dissolution. Recycling Award - Mayor O'Neal stated that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Jim Rossi, 5470 O'Brien Avenue North. Garbage Committee - Council Representative Swenson reported the Garbage Committee will meet with Kingwood Management on Tuesday, October 1, 1996 at 4:30 p.m. at the Kingwood Management Office. The previous meeting was canceled. Oak Park Heights Business Group - Councilmember Schaaf reported that the Oak Park Heights Business Group will meet on Wednesday, October 2, 1996 at Applebee's. Police Chief Swanson will be present to discuss what business owners can do to help prevent theft, fraud, bad checks, etc. Consent Agenda: 1. Approve Council Meeting Minutes - September 11, 1996 • 2. Request for Payment - 58th Street Improvements - Tower Asphalt - $27,454,27 3. Set Public Hearing - NSP - Proposed Rezoning of Landfill Expansion Area - October 22, 1996 4. Set Public Hearing - Anchobaypro, Inc. - Proposed Rezoning, Site Plan, Subdivision and Planned Unit Development Approvals - October 22, 1996 Councilmember Swenson, seconded by Robert, moved to approve the Consent Agenda as presented. Carried 4 -0. Unfinished Business Water Supply Plan Recommendations - Administrator Robertson reported that the Metropolitan Council has received the Water Supply Plan and is in the process of reviewing it. Councilmember Robert, seconded by Swenson, moved to proceed with Phase 1 of the Water Supply Plan. Carried 4 -0. Councilmember Swenson, seconded by Robert, moved to table discussion on Phase 2 and 3 of the Water Supply Plan until the next City Council meeting scheduled Tuesday, October 8, 1996. Council directed Public Works Director Benson to provide information regarding the rental of a mobile emergency chlorine system including costs, impacts, and process for renting. Carried 4 -0. • Page 3 - Minutes 09/24/96 Public Works Proposed 1997 Budget - Council reviewed the Public Works Proposed 1997 budget. After discussion, Councilmember Schaaf, seconded by Robert, moved to direct Administrator Robertson and Public Works Director Benson to resolve the remaining budget issues and report back to the Council at the next City Council meeting scheduled October 8, 1996. Said budget to include the remaining roof repairs to park buildings. Carried 4 -0. New Voice Mail System - Robertson stated US West has estimated a new voice mail system to cost $13,000. Council directed Robertson solicit other bids for a new Voice Mail system. Public Hearings: Proposed Zoning Ordinance Update - Mayor O'Neal opened the public hearing at 7:50 p.m. City Planner Richards gave a presentation on the major changes in the Zoning Ordinance and noted that the ordinance has been in the process of review for the last year. Richards discussed the Adult Use section with the Council. Council discussed the 5% requirement and the setbacks necessary to achieve that. Richards and City Attorney Vierling reviewed the August 21, 1996 staff report regarding zoning for Adult Uses, which included State Attorney General's Working Group Report on the Regulation of Sexually Oriented Businesses. • Councilmember Swenson, seconded by Schaaf, moved to continue the Public Hearing to the next City Council meeting scheduled Tuesday, October 8, 1996. Carried 4 -0. New Business: Application for Taxi License - Douglas Luchsinger - Council reviewed a copy of Doug Luchsinger's application for a taxi license. Administrator Robertson stated that he is still waiting for Luchsinger to provide a list of his drivers names, addresses, and drivers license numbers for review as required by City ordinance. Councilmember Robert, seconded by Swenson, moved to approve the Taxi License once Luchsinger meets all requirements of City ordinances. Carried 4 -0. Term Limits for City Commissions - Administrator Robertson noted that in its strategic planning retreat the City Council discussed setting a two term limit for appointees to City Commissions and presented a proposed policy. Councilmember Robert requested that the language be changed to state two consecutive full terms. Councilmember Schaaf, seconded by Swenson, moved to establish a policy of setting a two consecutive full term limit for anyone appointed to a City commission. Carried 4 -0. • Page 4 - Minutes 09/24/96 411 Resolution 96 -09 -27 - A Resolution Returning Tax Forfeited Parcel 60375 -5555 to the State of Minnesota Pursuant to Minnesota Statute 282.01, subd. ld - Councilmember Swenson, seconded by Robert, moved to adopt the resolution as presented. Carried 4 -0. 1996 Grants Status - Council reviewed a memo from Finance Director Judy Holst regarding proposed grants for 1996 and 1997. Council was in consensus not to change the grant budget for 1996 or the proposed budget for 1997. Public Building Use - Administrator Robertson discussed a survey he had made of other communities regarding whether and what type of groups should be allowed to use City Hall. After much discussion, Councilmember Robert, seconded by Schaaf, moved to table the issue until the next City Council meeting scheduled Tuesday, October 7, 1996. Carried 4 -0. Mayor O'Neal encouraged the public to direct any comments to Robertson. Correspondence: Letter from Carol Caron: Implementation of Street Reconstruction Phase II - Carol Caron of the City Engineer's office, was present to discuss the second phase of the Street Reconstruction Plan which was adopted in 1993. Caron stated that the next area scheduled for reconstruction is Area D, the residential area • north of Highway 36 consisting of 2.27 miles of streets. She noted that many of the streets do not meet the city's minimal width standards and should be widened where practical. Most roads in the area average 28 years old. Caron also noted that these roads were last seal coated seven years ago and that if they are not reconstructed they should be seal coated in the next two years. Councilmember Robert stated that she lives in Area D, and is concerned that the neighborhood have too much construction activity due to bridge and highway related construction. Councilmember Robert also said she thinks that the streets are adequate. She is in favor waiting to reconstruct the roads until further information is available regarding how the bridge reconstruction will affect the area. City Engineer Anderlik strongly recommended seal coating the roads if the City is not going to reconstruct the roads. Councilmember Swenson, seconded by Schaaf, moved to approve tabling the issue until the next City Council meeting scheduled Tuesday, October 8, 1996. Council requested that the City Engineer provide cost estimates for reconstruction and seal coating of Area D streets. Robertson was directed to report on MNDOT's construction schedules for the streets in Area D. Carried 4 -0. • Page 5 - Minutes 09/24/96 Notice of Public Hearing - Baytown Township - Proposed Conditional Use Permits - Mayor O'Neal stated that Baytown Township will hold two Public Hearings on Monday, October 7, 1996 at 6:45 p.m. at the Washington County Fairgrounds. • Notice of Public Hearing Conditional Use Permit Amendment - Recreational Vehicle Storage - River States Properties, Inc. - Self - Storage Facility • Notice of Public Hearing Conditional Use Permit - Spring Spectrum, L.P. MILS - Construction of Telecommunication Tower. National League of American Cities - Mayor O'Neal reported that she received a letter from Karen Anderson, Mayor of Minnetonka, inviting the City of Oak Park Heights to join the National League of American Cities. No action was taken. Smithsonian Traveling Exhibit - Mayor O'Neal stated that a letter was received from Governor Arne Carlson encouraging any police reservists to volunteer to help with security for the Smithsonian exhibit. The letter will be forwarded to Police Chief Swanson. Adjournment: Councilmember Swenson, seconded by Schaaf, moved to adjourn at 9:10 p.m. Carried 4 -0. • Respectfully submitted, Michael Robertson City Administrator • Enclosure 3C • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, WEDNESDAY, SEPTEMBER 18, 1996 Call to Order: The workshop was called to order at 5:00 p.m. by Mayor O'Neal. Present: Councilmembers Robert, Schaaf, and Swenson. Absent: Councilmember Kern. Staff Present: City Administrator Robertson. Also Present: Facilitator Jim Brimeyer, Council Candidates Jerry Turnquist and Dave Beaudet (arrived at 5:30 p.m.). Council reviewed the City's Mission Statement with Brimeyer. Council was in consensus that the Mission Statement was valid. Council reviewed the City's strengths, weaknesses, opportunities, and threats with Brimeyer. Council discussed what issues they saw as important for the City in the upcoming years. After much discussion the Council voted and established the following priorities. 1) Develop a Public Safety Long Range Plan (30 points) 2) Maintain City Utilities /Facilities /Streets (22 Points) 3) Continue Street Reconstruction (21 Points) • 4) Anticipate & Prepare for Fiscal Changes (19 Points) 5) Improve Vehicle & Pedestrian Circulation (17 Points) 6) Implement Bike Trail Plan (15 Points) 7) Develop Annexation Plan and Agreements (15 Points) 8) Develop an Economic Development Plan (13 Points) Administrator Robertson was directed to make publicizing the fire substation referendum his top issue for the month of October. Council was in consensus to put out a special newsletter in mid - October just on the fire substation. The newsletter will include site plans, tax impacts, and will also discuss future operating costs, response time, and the relationship with Bayport Fire Department. Adjournment: Mayor O'Neal adjourned the workshop at 10:00 p.m. Respectfully submitted, • Michael Robertson City Administrator OAK PARK HEIGHTS CITY COUNCIL MINUTES, WEDNESDAY, SEPTEMBER 11, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 6:35 p.m. Staff Present: City Administrator Robertson and City Attorney Vierling. Visitor Comments: Andy Salmen - Brekke Park Eagle Scout Project - Councilmember Robert introduced Boy Scout Andy Salmen to the Council. Salmen explained that he proposed to complete the following improvements in Brekke Park as part of his Eagle Scout project: • Add two benches on the east end • Add games to the black top including a basketball key, two four - square games, and one hopscotch game • Add timbers and sand to the safety area to meet safety requirements. Salmen is expecting to complete the improvements this fall, hopefully within two weeks. The estimated cost is $1,354.67. Councilmember Robert, seconded by Swenson, moved to approve an expenditure of $1,500 to complete the project at Brekke Park. Carried 5 -0. • Wally Laumeyer - Auctioneer - Administrator Robertson introduced auctioneer Wally Laumeyer to the Council. Robertson reported that the Police Department seized a 1990 Geo Metro in a drug forfeiture. The car was placed in the Washington County Auction. Robertson stated that the car's odometer read 32,000 miles, but the City had marked the vehicle title that they suspected that the odometer reading was not correct. The car was sold at the auction and the buyer thought that the car had only 32,000 miles. When the buyer found out that the car had 132,000 miles, he contacted Mr. Laumeyer and requested that his money be refunded because of the incorrect odometer reading. Mr. Laumeyer refunded the $1,500 to the buyer. Mr. Laumeyer requested that the Council return $650.00 to him, figuring that the remainder is what the car would have sold for, or, return the full amount to Mr. Laumeyer and he would sell the car for the City at the next auction. Councilmember Swenson, seconded by Kern, moved to offer Mr. Laumeyer $650.00 with the understanding that Mr. Laumeyer will retain possession of the car. Carried 5 -0. Mr. Laumeyer will place the car in the auction in June. Mayor O'Neal requested that Mr. Laumeyer notify the City what the car sells for. Page 2 - City Council Minutes 09/11/96 Department Reports: Water Tower Project - Mayor O'Neal asked when the water tower washing will start. Administrator Robertson said that the contractor told him he would start in two to three weeks. Change in Parks Commission Meeting Dates - Councilmember Robert stated that the Parks Commission has changed its October and November meeting dates due to holidays. The Parks Commission will meet Monday, October 7th, 1996 at 6:30 p.m. and Monday, November 4, 1996 at 6:30 p.m. Additional Playground Equipment at Valley View Park - Councilmember Robert stated that the Park Commission Playground Equipment Committee is recommending purchasing additional playground equipment for children in the 3 -5 year age range at Valley View Park. Current playground equipment is designed for children 6 or older. The Committee is recommending that the City approve the purchase of a climbing apparatus, a motorcycle toy, and a shovel for the big sand box area. The estimated cost of the equipment is $4,709.28. The Parks Commission recommends purchasing the equipment this fall to avoid a price increase. Mayor O'Neal questioned Councilmember Robert regarding the source of funding for the project. Councilmember Robert stated there is not enough funding to cover the expenses for the project in the • Capital Improvement Recreation account, but requested that funding come from the Capital Improvement Unallocated account. Councilmember Schaaf, seconded by Kern, moved to approve the transfer of $10,000 from the Unallocated account to the Recreation account. Carried 5 -0. Signage for the Mountain Bike Trail - Councilmember Robert stated that Gary Sjoquist of the North Central Mountain Bike Group has recommended that directional and caution signs be installed on the mountain bike trail. A map showing the layout of the trail should also be installed. The estimated cost of the signage is $360.00. Councilmember Robert, seconded by Swenson, moved to approve the expenditure of $360.00 for signage for the Mountain Bike Trail. Carried 5 -0. Garden Committee Perennial Sale - Councilmember Robert stated that the Garden Committee will hold a perennial sale on Saturday, September 14, 1996 from 9:00 a.m. to noon. The Garden Committee will also be completing a second planting of perennials on the hill at Cover Park. The Garden Committee is still looking for donations of perennials to plant. • Page 3 - City Council Minutes 09/11/96 Middle St. Croix Water Management Organization - Mayor O'Neal reported that the MSCWMO is need of one more signature to approve the amended Joint Powers Agreement. Eight signatures are needed to approve the Joint Powers Agreement. Recycling Award - Mayor O'Neal announced that the recipient of the $25.00 check from the City of Oak Park Heights for participating in its recycling program is Thomas Haefs, 5541 Oldfield Avenue North. Garbage Committee - Councilmember Swenson reported that the Garbage Committee will meet with Kingwood Management on Wednesday, September 18, 1996 at 4:30 p.m. Oak Park Heights Business Group - Councilmember Schaaf reported that the Oak Park Heights Business Group met on September 4, 1996 and reviewed the Highway 36 reconstruction plan. Election Results - Administrator Robertson reported an above expected voter turnout for the primary election. 298 votes were cast out of 2150 registered voters, resulting in a 14% voter turnout. Party in the Park Grand Prize Winner - Council was in consensus • to scheduled the picnic for the grand prize winner for Sunday, October 27th, 1996 at 11:00 a.m. at Valley View Park. Strategic Planning Fall Retreat - Administrator Robertson reminded the City Council and Council candidates of the Strategic Planning Retreat scheduled for Wednesday, September 18, at 5:00 p.m. at City Hall. Members of the community are also invited to attend the workshop. Truth in Taxation Meetings - Councilmember Schaaf, seconded by Swenson, moved to set Tuesday, December 3, 1996 at 7:00 p.m. as the initial Truth in Taxation meeting, and Tuesday, December 10, at 6:30 p.m. as the final Truth in Taxation meeting. Carried 5- 0. Consent Agenda: 1. Approve Council Meeting Minutes - August 27, 1996 2. Approve Council Workshop Minutes - August 20, 1996 3. Approve Request for Payment - ADA Improvements - Nordling Construction - $1,288.70 4. Approve Request for Payment - Autumn Ridge 3rd Addition - Tower Asphalt - $12,071.65 5. Set a Public Hearing Date for a Conditional Use Permit for Arby's /Sbarro for Tuesday, October 8, 1996 6. Approval of Bills and Investments. 410 Page 4 - City Council Minutes 09/11/96 Administrator Robertson requested Item 1 be pulled for discussion. Councilmember Robert requested Item 4 be pulled for discussion. Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda absent items 1 and 4. Carried 4 -0. Councilmember Schaaf temporarily absent. Councilmember Kern noted a change on page 4 of Item 1 Council Meeting Minutes - August 27, 1996. The last paragraph on page 4 should read "Councilmember Kern announced that he would not run for reelection when his term was up at the end of the year." Councilmember Kern, seconded by Swenson, moved to approve Item 1 Approve Council Meeting Minutes - August 27, 1996 with the amendments noted and Item 4 - Approve Request for Payment - Autumn Ridge 3rd Addition - Tower Asphalt $12,071.65. Carried 5- 0. Unfinished Business Presentation on Highway 5 Bridge Improvement - Bruce Libby - MNDOT - Bruce Libby, MNDOT, presented the Highway 5 bridge improvement plan. The project is expected to start in March, 1997 and is expected to be completed by late fall 1997. Traffic will be detoured along 58th Street, Norell Avenue, Washington Avenue, and Curve Crest Boulevard while the bridge is being built. Libby said that traffic will be reduced to two lanes on Highway 36 for much of the construction but that Highway 36 will always be open. The project is divided into six stages. The Council expressed concern that businesses located within the project area will be adversely affected by the detours. Libby assured the Council that MNDOT will make every effort to accommodate businesses to reduce any disruption they may experience as a result of the project. Collin Meyers, Assistant General Manager of Applebee's, said he was concerned about stage six of the project which would involve reconstruction of the frontage road in from of his restaurant. Mr. Libby assured Mr. Meyers that MNDOT will maintain an access to Applebee's. Libby stated that all of the roads will be bituminous, and that MNDOT will install detour signs directing people to businesses. Libby stated that MNDOT does not have any plans to install a stop light at Curve Crest and Washington Avenue, that he feels the four way stop sign will provide adequate control. The Council thanked Mr. Libby for his presentation. • Page 5 - City Council Minutes 09/11/96 • Proposed Community Water Supply Plan - Marc Wallis of the City Engineer's office was present to discuss the proposed Community Water Supply plan and it's recommendations. Mayor O'Neal noted that the City was mandated by the State to develop this plan and that the State had not provided any funding to pay for the plan. Wallis noted the plan consists of three parts. The first part explains the City's existing water system and what additions will be needed in the future; the second part of the study develops an emergency preparedness plan, and the third part of the study develops a water conservation plan to be implemented in the event of a water shortage. Wallis noted that it is the City Engineer's recommendation that the City will need to construct another well in the next two years. Councilmember Swenson, seconded by Robert, moved to adopt the Community Water Supply Plan as recommended by the City Engineer. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to direct City staff to set up a timeline for implementation of the seven recommendations of the Water Supply Plan. Carried 5 -0. New Business: • Kennel License Hearing - 6202 Peabody Avenue - Kenneth and Judy Taft - Mr. Taft was present to answer questions regarding the Kennel License Application. Doug Carlson, 6218 Peabody Avenue North, was also present. Carlson noted he lived next door to the Tafts and that the dogs are a nuisance because of their barking. Councilmember Robert said that Pat Gilbert, 6128 North Lookout Trail, was unable to be present, but requested that she speak for him and note that he also found the dogs a nuisance because of their barking. Councilmember Robert stated that the dogs have been an ongoing problem for some time. Councilmember Robert detailed a report of times when the dogs were barking for long periods of time. Taft stated that he has purchased a de- barking collar for one of the dogs. He said that two of the dogs are indoor dogs and have been less of a problem. Councilmember Swenson, seconded by Schaaf, moved to grant a three month probationary kennel license. The license will be reviewed on a month to month basis and the license can be revoked if there are complaints. If the license is revoked, the City will hold $10.00 of the $100.00 Kennel License fee and rebate the rest. Carried 5 -0. Candidates for the City Council - Mayor O'Neal introduced the following candidates for City Council: David Baudet, 6400 Lookout Trail, Christopher Zeuli, 5681 Novak Avenue North, and Jerry Turnquist, 14928 North 56th Street. • Page 6 - City Council Minutes 09/11/96 411 Resolution 96 -09 -26 - A Resolution Approving the Preliminary 1997 Budget and Tax Levy - Administrator Robertson reported that the proposed 1997 preliminary tax levy and budget would result in a 0.42% increase in the City portion of Oak Park Heights property tax. Robertson stressed that this is just the City portion of the property taxes, and is based on property values staying the same. To reduce this to a 0.0% tax increase would require that tax levy to be reduced by $5,665.00. Councilmember Swenson, seconded by Schaaf, moved to approve the 1997 Tax Increase at a 0.0% tax increase for a preliminary tax levy of $1,505,316.00 and a preliminary budget of $2,064,485.00. Carried 5 -0. Request to Reduce the Speed Limit on Osgood Avenue - Councilmember Swenson, seconded by Kern, moved to recommend that the County take the necessary steps to reduce the speed limit from 35 MPH to 30 MPH on Osgood Avenue south of Highway 36. Carried 5 -0. County's Improvement Plan for Osgood Avenue - Robertson stated that he met with Don Theissen of Washington County Public Works regarding the scheduled improvements on Osgood Avenue. Theissen said that the County is planning on installing a sidewalk on • Osgood Avenue. Annex Park Estimated Costs - Administrator Robertson reviewed a memo prepared by City Planner Scott Richards regarding the cost to develop the Annexation Area Park. Richards has a preliminary estimate of $1.8 million dollars to develop the "most ideal park" for the annexation area. Councilmember Robert stated that the Parks Commission has reviewed the memorandum and is recommending that the City set aside $90,000 for ten years to help fund the development of the park. This item was tabled and no action was taken. Proposed Joint Powers Agreement - Feasibility Study of Prison Pond North Outlet Structure - Councilmember Schaaf, seconded by Kern, moved to enter into the Joint Powers Agreement for the Feasibility study of the Prison Pond North Outlet Structure. Carried 5 -0. Proposed Fire Substation Costs - Councilmember Swenson updated the Council on costs to build a fire substation. He reported that a four -bay station is estimated at $850,000, a pumper is estimated at $248,000, one tanker estimated at $160,000, and a grass rig estimated at $33,000. • Page 7 - City Council Minutes 09/11/96 410 Correspondence: Washington County Letter - Appointment to Valley Branch Watershed District Board - Mayor O'Neal reviewed a letter from the Washington County Board of Commissioners informing Dale Borash that he was appointed to the Valley Branch Watershed District Board of Managers, filling an unexpired term to November 13, 1997. Adjournment: Councilmember Swenson, seconded by Schaaf, moved to adjourn at 9:57 p.m. to a closed session. Carried 5 -0. Closed Session: City Attorney Vierling updated Council on pending litigation. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn at 10:14 p.m. Carried 5 -0. Respectfully submitted, 0 Michael Robertson City Administrator • 111 OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, AUGUST 27, 1996 Call to Order: The meeting was called to order at 6:37 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling, Police Chief Lindy Swanson, Public Utilities Superintendent Benson, and City Engineer Anderlik. Visitor Comments: There were no visitor comments, questions, or concerns. Department Reports: Police Department - Vehicle Forfeiture - Chief Swanson reported that an auctioneer had requested that the City reimburse him for a vehicle he sold for the City because of a false odometer reading. Swanson noted that the City had marked on the vehicle title that they suspected that the odometer reading was not correct. Council was in consensus that it was the auctioneer's mistake and that the City would not pay any damages. Utilities Department - Administrator Robertson described the status of sewer cleaning efforts. Robertson also noted that NSP would be installing gas lines from Stagecoach Trail to Oakgreen Avenue along the NSP high wire easement. Some of the work would be done in boulevards along Oakgreen Avenue and along 53rd • Street. Parks Department - Councilmember Robert reported that the next Park Commission meeting would be Monday, September 9 at 6:30 p.m. at City Hall. She also reported that the Garden Committee would be planting a perennial garden at Cover Park on Sunday, September 8 and Saturday, September 14 from 9:00 a.m. to 3:00 p.m. She indicated that the Garden Committee will hold a sale of perennial plants on Saturday, September 14 from 9:00 a.m. to Noon. In case of rain, the sale will move to Sunday, September 15. Councilmember Robert reported that Cub Scout Pack #114, Dens 9 and 11, will be landscaping the area under the Brekke Park entrance sign on Tuesday, September 17 at 6:00 p.m. This work will be supervised by Louise Landgren. Party in the Park - Robertson was directed to contact the main prize winners and begin setting up the picnic. Building - Councilmember Swenson reported that the lowest price he had received for a front door awning was $2,100. Administration - Administrator Robertson reported that the only communities currently signed up with the Multi- Community Human Rights Commission were Oak Park Heights, Lake Elmo, and Lake St. • Croix Beach. Councilmember Schaaf said that he had discussed the commission with Lake Elmo's representative. Page 2 - City Council Minutes 08/27/96 City Hall Use - Robertson said that a political party had asked to use City Hall for an event. Robertson asked for direction from Council regarding the use of City Hall by non - governmental bodies. After discussion, Council directed Robertson to survey similar sized and nearby communities to see what their policies were. Cable - Councilmember Swenson reported that the next meeting of the Cable Commission will be Wednesday, September 18 at Bayport City Hall. Water Management Organizations - Mayor O'Neal reported that Brown's Creek Water Management Organization had passed a resolution asking all of its local governments to dissolve the joint powers agreement which created it. Resolution 96 -08 -25 - Mayor O'Neal, seconded by Schaaf, moved to approve the dissolution of the Brown's Creek Water Management Organization joint powers agreement. Middle St. Croix Water Management Organization - Mayor O'Neal said Middle St. Croix WMO will meet Wednesday, August 28, 1996 at Bayport City Hall. Mayor O'Neal noted that the City of Bayport had incurred expenses related to the flooding of Perro Pond. She • noted that Oak Park Heights contributed 54% of the water to Perro Pond, and recommended that the City reimburse Bayport for 54% of its expenses. Councilmember Swenson, seconded by Kern, moved to reimburse Bayport for 54% of its expenses related to the flooding of Perro Pond, with a cap of up to $4,000. Carried 5 -0. Recycling Award - Robertson reported that the recipient of the $25.00 check for participating in Oak Park Heights recycling program on August 22, 1996 was Joseph McQuillan, 5558 Novak Avenue North. Strategic Planning Committee - The next meeting of the SPC will be Thursday, November 7, 1996 at 7:00 p.m. at Bayport City Hall. Oak Park Heights Business Group - Councilmember Schaaf reported that the next OPHBG meeting will be held Wednesday, September 4, 1996 at 7:30 a.m. at Applebee's Restaurant. Garbage - Councilmember Swenson reported on a meeting that he and staff had held with United Waste regarding increasing recycling at apartments by using dumpsters rather than individual containers. City Attorney Vierling said that this was permitted but would require modifying the City's Memorandum of Understanding with United Waste. Councilmember Swenson, seconded by Schaaf, moved to allow dumpsters at apartment buildings and to direct the City Attorney to modify the Memorandum of • Understanding. Carried 5 -0. Page 3 - City Council Minutes 08/27/96 Employee Recognition: The City Council presented Police Chief Lindy Swanson with a plaque recognizing his seventeen years of service to the Oak Park Heights community. Consent Agenda: 1. Approve Council Meeting Minutes - August 13, 1996 2. Approve Request for Payment - ADA Improvements - Nordling Construction - $6,235.23 3. Proposed 1996 Budget Amendment - Increase Revenues -Other Federal Revenues $3,520 - Increase Expenditures- Police Department Salaries of Regular Employees $3,520 4. Set Zoning Ordinance Public Hearings - September 24, 1996 at 7:30 p.m. and October 8, 1996 at 7:30 p.m. Councilmember Schaaf, seconded by Kern, moved to approve the Consent Agenda. Carried 5 -0. Unfinished Business Proposed Fire Substation - There was considerable discussion of the need and the costs of the proposed fire substation. Administrator Robertson noted that while he was comfortable with the estimates for the cost of the building he was not comfortable with the estimate of costs for training and equipping the • building. Robertson said that the equipment cost estimates he had received from Bayport Fire Department had been described as the absolute minimum in cost. He also noted that other fire departments he had contacted all agreed that it would cost more than the estimates he had received. Robertson indicated that no City he contacted had done this recently and that while he had received some general costs estimates they were not as specific as he would like them to be. Councilmember Swenson noted that it would be almost impossible to estimate precisely the costs of equipment and training because the prices changed so much from year to year. Councilmember Schaaf stated he was uncomfortable with the costs and that he wanted the annual operating costs defined more exactly. He also said he was uncomfortable because the City could provide no detailed information to voters on how exactly response times would decrease or insurance costs would decrease. Robertson was directed to continue seeking more exact cost estimates. A special newsletter on this issue will be mailed to home owners around October 18, 1996. Resolution 96 -08 -22 - Councilmember Swenson, seconded by Robert, moved to adopt Resolution 96 -08 -22 - A Resolution Calling for an Election on $2,000,000 Bonds for the Establishment of a Fire Sub - Station in the City of Oak Park Heights. Carried 4 -1, Schaaf opposed. • Page 4 - City Council Minutes 08/27/96 New Business: Appointment of Election Judges - Councilmember Schaaf, seconded by Kern, moved to approve the list of election judges presented by Administrator Robertson. Carried 5 -0. Proposed Community Water Supply Plan - Councilmember Schaaf, seconded by Swenson, moved to table this item until the September 11, 1996 Council meeting. Carried 5 -0. Approval of Water Tower Washing Bid - Councilmember Swenson, seconded by Robert, moved to approve the low bid of $3,200 by Kangas Tank & Maintenance for washing the water tower. Carried 5 -0. Utilities Department Proposed 1997 Budget - Utilities Superintendent Benson was present to discuss the proposed 1997 budget. Council discussed with Benson his proposed replacement of City vehicles. Council was in consensus to replace the 1987 truck but to keep the auxiliary equipment for the new truck. Councilmember Schaaf, seconded by Swenson, moved to sell the existing loader and trailer and to not purchase replacements. Council discussed additional items in the proposed Utilities Department budget. Council tabled further action until a future meeting. Resolution 96 -08 -23 - A Resolution Granting MNDOT a Temporary Permit to Construct on City Property - Councilmember Kern, seconded by Swenson, moved to approve Resolution 96- 08 -23. Carried 5 -0. Resolution 96 -08 -24 - A Resolution Concurring with the Designation of Osgood Avenue as a County State Aid Highway - Councilmember Schaaf, seconded by Kern, moved to approve Resolution 96- 08 -24. Carried 5 -0. Utility Easement from Sunnyside - Councilmember Schaaf described a recent meeting with the Sunnyside Board of Directors that he attended with City Engineer Anderlik to discuss a proposed utility easement. Schaaf said that the utility pipe could be jacked underneath an embankment and a parking lot so as to minimize the disruption for the residents. Councilmember Schaaf, seconded by Swenson, moved to direct staff to prepare an agreement with Sunnyside on this issue. Carried 5- 0. Councilmember Kern Announcement - Councilmember Kern announced that he would not run for reelection when his term was up at the end of the year. • Page 5 - City Council Minutes 08/27/96 • Correspondence: Notice of Public Hearing - Baytown Township - Proposed Conditional Use Permit - Council was in consensus to direct staff to write a letter to Baytown citing concerns regarding traffic flow and establishing a proper drainage system to capture leaking fuel and oil. Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn to closed session at 8:55 p.m. Carried 5 -0. Closed Session: Council discussed current and pending litigation. Councilmember Robert left at 9:10 p.m. Adjournment: Councilmember Kern, seconded by Schaaf, moved to adjourn at 9:42 p.m. Carried 4 -0. Respectfully submitted, "e'' ,`V --- Michael obertson City Administrator III 1 1 1 • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, TUESDAY, AUGUST 20, 1996 Call to Order: The workshop was called to order at 6:00 p.m. by Councilmember Schaaf. Present: Councilmembers Robert and Swenson. Mayor O'Neal arrived at 6:45 p.m. Absent: Councilmember Kern. Staff Present: City Administrator Robertson and City Planner Richards. Washington County Comprehensive Plan Review - City Planner Richards reviewed the County's Comprehensive Plan. After considerable discussion, staff was directed to forward the following comments to Washington County; 1) A transition area to the south and west of the City limits should be shown. 2) The prison and the high school should be shown and listed as public uses. 3) Osgood Avenue south of Highway 36 and Oakgreen Avenue south of Highway 36 should be listed on the County's 1996 -99 Capital Improvements Plan. 4) Rather than being described as almost fully developed, the City of oak Park Heights should be described as 30% undeveloped. • Bayport Comprehensive Plan - City Planner Richards reviewed the City of Bayport's Comprehensive Plan. After considerable discussion, staff was directed to forward the following comments to Bayport; Those areas west of County Road 21 which Bayport lists in their 2010 and 2020 MUSA expansions, along with their Transition Area west of Highway 21, are areas that Oak Park Heights considers part of its' future MUSA expansion area. Oak Park Heights has the sewer capacity to serve this area. City staff will discuss this issue with Bayport and Baytown. Adjournment: Mayor O'Neal adjourned the workshop at 7:00 p.m. Respectfu ly submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, TUESDAY, AUGUST 20, 1996 Call to Order: The workshop was called to order at 7:10 p.m. by Mayor O'Neal. Present: Councilmembers Robert, Schaaf, and Swenson. Absent: Councilmember Kern. Staff Present: City Administrator Robertson, Deputy Clerk /Finance Director Holst, and Police Chief Swanson. Proposed 1997 Police Department Budget - Chief Swanson presented his proposed 1997 budget. Swanson noted that of the $35,000 in proposed salary increases, $20,000 was for the expected retirement of Sergeant Jorgenson. This was the amount of Jorgenson's accumulated sick time and vacation time. The remainder of the money is for salary increases per the union contract, plus estimates for court time and training expenses. Swanson indicated that he would be expending $2,100 for a third mobile data terminal for a squad car. Swanson said that he thought the mobile data terminals were making money for the City by increasing the number of traffic checks and reducing the amount of time officers spent trying to obtain information from the County Sheriff's office. • Swanson also noted that he would be replacing a current squad car that has over 100,000 miles. Council complemented Chief Swanson on his budget and the job his department was doing. Proposed 1997 Public Works Budget - Public Utilities Superintendent Roger Benson was not present to discuss his budget. Council rescheduled his budget presentation for the August 27 Council meeting. Proposed 1997 Administration Budget - Finance Director Holst presented the proposed 1997 budget. There was considerable discussion of the City's insurance policy. Staff was directed to write a memo describing the policy in greater detail. Council removed the Perro Creek Feasibility Study from the General Budget and designated it as a capital fund expense. The proposed intern's cost was designated to be paid for along with other bridge and highway construction related expenses from the closed bond fund. The City Planner budget was reduced $5,000. The Building Inspector's budget was reduced $4,500. 411 Page 2 - Minutes 08/20/96 411 Staff was directed to do the following; 1) Check on reducing copier costs. 2) Check on the cost of a new fax. 3) Make a recommendation on designating unallocated Capital improvement funds. 4) Examine the 1995 and 1996 grants. 5) Examine whether an intern could assist the Building Inspector with peak workloads. Council complemented Finance Director Holst on her budget and the job she was doing. Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn at 9:55 p.m. Carried 4 -0. Respectfully submitted, x „. 7 //// Michael Robertson City Administrator OAK PARK HEIGHTS • CITY COUNCIL MINUTES, TUESDAY, AUGUST 13, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Staff Present: City Administrator Robertson and City Attorney Vierling. Councilmember Schaaf arrived at 6:40 p.m. City Engineer Anderlik arrived at 7:00 p.m. Visitor Comments: There were no visitor comments, questions, or concerns. Department Reports: Civil Defense Siren - Chief Swanson reported that the Civil Defense Siren located on Upper 61st Street did not function when tested on August 7th. Repairs to the siren are estimated to be $3,500 to $4,000. Replacing the siren with a new one would be approximately $14,000. Swanson asked the Council whether they would prefer to repair or replace the siren. Mayor O'Neal noted that the existing siren was the first siren installed and estimated it to be at least 20 years old. Swanson stated that squad cars will alert residents in the area in case of emergency. Councilmember Schaaf arrived at 6:40 p.m. Councilmember Swenson, seconded by Kern, moved to authorize Chief • Swanson to repair the existing siren at a cost not to exceed $4,000, or, if that proves impractical, to purchase a new civil defense siren at a cost not to exceed $15,000. Carried 5 -0. Purchase of Mini - portable Radio - Chief Swanson requested approval to purchase two 8 -10 channel police radios to be used by the School Liaison Officer and an investigator. The cost of the radios would be $2,001.04. Councilmember Kern, seconded by Swenson, moved to authorize the expenditure of $2,001.04 from the Forfeiture and Seizure Fund to purchase two mini - portable radios. Carried 5 -0. Budget Transfer - Chief Swanson noted a memo from Deputy Clerk /Finance Director Judy Holst, recommending a budget amendment. This is because the City had received and expended $3,550.69 in Federal Funds for the Police Department's Safe and Sober Program which were not in the 1996 budget. Councilmember Schaaf, seconded by Swenson, moved to approve the budget amendment increasing Revenues -Other Federal Revenues from $1,950 to $5,500 and increasing Expenditure - Police Department Salaries of Regular Employees from $446,000 to $449,550. Carried 5 -0. Page 2 - City Council Minutes 08/13/96 Bicycle Safety Rodeo - Chief Swanson reported that the Bicycle Safety Rodeo was a successful and positive experience for everyone who participated. Council thanked Swanson for his work on the Rodeo. Finance Director Holst also recommended a budget amendment to cover the Bike Rodeo donations. Councilmember Schaaf, seconded by Swenson, moved to approve increasing Revenues - Donations and Contributions from $0 to $1,600 and increasing Expenditure- Police Department Other Materials and Supplies from $2,500 to $4,100. Carried 5 -0. Request to Move Speed Limit Sign - Chief Swanson reported that he received a request by a resident on Oldfield Avenue that the speed limit sign located near the intersection of 60th Street and Oldfield Avenue be relocated further south on the street. Swanson recommended relocating the sign when the "Crime Watch Neighborhood" signs are installed, which should be in four weeks. False Fire Alarms - Chief Swanson reported that he has received a number of false fire alarms lately at Greenbriar Apartments. Swanson reported 3 false fire alarms in February, 2 in April, and three in July. Swanson has investigated the false fire alarms and recommends that the situation be monitored for 60 days. If there are further problems, Swanson recommends drafting an ordinance that would charge properties for false fire alarms • above a certain number. Scenic Overlook - Councilmember Robert reviewed a letter received from MNDOT regarding the Scenic Overlook. MNDOT has agreed to all of the terms in the proposal by the City regarding the Scenic Overlook. Mayor O'Neal requested changing "The City's garden club committee commits to maintaining the bed" to "the City commits to maintaining the bed." Councilmember Robert, seconded by Swenson, moved to adopt Resolution 96 -08 -21 that approves the letter from MNDOT regarding the Scenic Overlook landscape enhancements including the amendment of "the City commits to maintaining the bed." Carried 5 -0. City Engineer Anderlik arrived at 7:00 p.m. Party in the Park - Councilmember Robert expressed appreciation from the Parks Commission regarding the hard work the Public Works Department had done in order to get Valley View Park ready for the Party in the Park. Park Equipment Needs Committee - Councilmember Robert stated that the Parks Commission formed a committee comprised of Commissioner Paul Plaster, Chair Mike Dahlquist, and resident Margie Schwartzbauer to review playground equipment needs at Valley View Park. A recommendation is expected after the next Parks Commission meeting. • Page 3 - City Council Minutes 08/13/96 Mountain Bike Trail - Councilmember Robert stated that construction of the mountain bike trail is progressing well. Gary Sjoquist has been supervising the completion of the trail. Robert noted that native wildflowers have been identified along the trail and there will be further investigation as to how best maintain the trail. Annex Park Development Cost Estimates - Mayor O'Neal requested the Parks Commission prepare a cost estimate for developing the Annex Park. Councilmember Robert stated that the Parks Commission designed a Five Year Park Plan, and the City Planner's office had prepared cost estimates for Annex Park. Building - Administrator Robertson said that the locks at City Hall will be re -keyed Monday, August 26, 1996. New keys will be distributed to Councilmembers on August 27, 1996. Administration - Administrator Robertson stated that attorney Shawn Hade is available Tuesday, August 27, 1996 at 6:00 p.m. to discuss the Junker Sanitation Landfill. Councilmember Swenson, seconded by Kern, moved to set a workshop for Tuesday, August 27, 1996 at 6:00 p.m. to discuss the Junker Sanitation Landfill. Carried 5 -0. • Change in City Council Meeting Date - Robertson reported that due to conflicts with the primary election, the City Council can not meet on its scheduled night of Tuesday, September 10th, 1996. Councilmember Schaaf, seconded by Swenson, moved to change the scheduled City Council meeting from September 10th, 1996 to September 11, 1996 at 6:30 p.m. Carried 5 -0. Strategic Planning Fall Retreat - Robertson asked Council whether they would like to use facilitator Jim Brimeyer for the strategic planning retreat. Councilmember Schaaf, seconded by Kern, moved to set a Council workshop for Wednesday, September 18, 1996 as its first choice, with Wednesday, October 2, 1996 as its second choice for the purpose of a strategic planning retreat. Carried 5 -0. Recycling Award - Robertson reported that the recipient of the $25.00 check for participating in Oak Park Height's recycling program on August 1, 1996 was Jon Palmer, 6472 Osman Avenue North. The recipient of the $25.00 check for participating in the recycling program on August 8, 1996 was William Krongard, 6025 Peller Avenue. Brown's Creek Water Management Organization - Councilmember Schaaf reported that the BCWMO voted on a resolution to dissolve the organization. The results of the vote were four in favor and two against dissolving. Since it takes six votes for the resolution to pass the resolution did not pass. The next meeting of the BCWMO will be Wednesday, August 21, 1996. Page 4 - City Council Minutes 08/13/96 • Middle St. Croix Water Management Organization - Mayor O'Neal stated Middle St. Croix WMO will meet Wednesday, August 28, 1996 at Bayport City Hall. Presentation of Highway 5 Bridge and Related Construction - Council directed Robertson to contact MnDOT and invite them to the City Council Meeting scheduled Wednesday, September 11, 1996 to make a presentation on the 1997 Highway 5 Bridge and related construction. Strategic Planning Committee - The Council reviewed the minutes of the SPC meeting. The next meeting of the SPC will be Thursday, November 7, 1996 at 7:00 p.m. at Bayport City Hall. Oak Park Heights Business Group - Councilmember Schaaf reported that the OPHBG met August 7, 1996. The OPHBG discussed the Junker Landfill and the undeveloped land between Oakgreen Avenue and Highway 5. Schaaf reported that the OPHBG is in favor of zoning the land west of Oakgreen and north of 58th Street for commercial development only. The next OPHBG meeting will be held Wednesday, September 4, 1996 at 7:30 a.m. at Applebee's Restaurant. Council directed Robertson to contact the Chamber of Commerce about setting up a meeting to discuss commercial and industrial tax rates, and to invite the OPHBG members as well. • Consent Agenda: 1. Approve Council Meeting Minutes - July 23, 1996 2. Approve Request for Payment - Autumn Ridge 3rd Addition Utility and Street Improvements - Tower Asphalt - $44,349.80 3. Set Kennel License Hearing - 6202 Peabody Avenue - Kenneth and Judy Taft - Wednesday, September 11, 1996 4. Approve Council Workshop Minutes - August 6, 1996 Councilmember Schaaf, seconded by Swenson, moved to approve the Consent Agenda. Carried 5 -0. Unfinished Business Proposed Fire Substation - Administrator Robertson reported Bayport officials were all in support of improved fire protection in Oak Park Heights. Council reviewed three possible options for improved fire protection: A) Create a separate fire department for Oak Park Heights. Oak Park Heights purchases fire protection from Bayport for a transition period of several years until the new fire department is fully trained and functional. Cost estimate to be $2,500,000 to $3,000,000. B) Create a hybrid fire department in which Oak Park Heights builds the fire substation, buys equipment, provides training, • and Bayport runs the administration and operation under some type of agreement. No cost estimates were available. Page 5 - City Council Minutes 08/13/96 411 C) Create a minimal start up fire department by putting an additional garage on to some part of City Hall. Buy one used truck and train 5 - 10 people. Continue to purchase fire protection from Bayport during this period. No cost estimates were available. Robertson reported that conducting a referendum as part of the general election would not incur any extra costs because it would be part of the regular election process. If a referendum was held as a special election, he estimated the cost at approximately $2,000. An analysis prepared by City Auditor David Mol was reviewed describing the necessary tax levies and their impact upon taxpayers for a $2,000,000 market referendum. Council expressed concern about the vagueness of some of the cost estimates. Robertson said that while the Bayport Fire Department had provided some detailed estimates, everyone agreed that it would cost more than the estimates. Councilmember Kern, seconded by Swenson, moved to approve the concept of putting option B on the referendum ballot, with Robertson directed to obtain additional information regarding • construction and operating costs of the fire substation for the next Council meeting on August 27, 1996. Carried 5 -0. Robertson was directed to use a consultant if needed to obtain the information. Public Hearings: Request for Variance - William and Sandra Gramenz - 13965 55th Street North - Variance for a 2nd Accessory Building, Variance from Total Square Footage Restrictions on Accessory Buildings, and Variance from Setback Between Principal Structure and Accessory Building - Mayor O'Neal opened the public hearing at 7:30 p.m. Bill Gramenz was present to request the variances be granted so he could build a gazebo for a hot tub which would be located within three feet of his home. Administrator Robertson noted a memo received from Building Inspector Jim Butler recommended approval of the variance. Butler stated that when the new zoning ordinance is passed, Gramenz would not need variances for the second accessory building or the square footage restrictions. With regard to the setback structure, Gramenz is requesting a three foot setback instead of a five foot setback because he would have to extend his existing concrete slab an additional two feet. Councilmember Swenson, seconded by Kern, moved to close the public hearing at 7:35 p.m. Carried 5 -0. Page 6 - City Council Minutes 08/13/96 Councilmember Swenson, seconded by Schaaf, moved to approve the requests for variance, because they will meet the future zoning ordinance requirements and with the hardship being that Gramenz already has an existing concrete pad. Carried 5 -0. Request for Variance - Amoco - 14738 North 60th Street - Variance from 10 foot Setback from Frontage Road for Sign - Mayor O'Neal opened the public hearing at 7:40 p.m. Dick Zimmerman, property owner, and Ray Remmeck, Suburban Lighting, were present to discuss the request for variance. Remmeck said that the hardship for the variance is that if Amoco complied with the required 10 foot setback, the canopy would be in the way and the sign would be in the driveway. Zimmerman stated that during the course of operating his business, MNDOT has twice taken land from him through the condemnation process, which has limited the amount of land he has available for a sign. Robertson said that he sent copies of the survey to MNDOT and Washington County Public Works to review. Robertson stated that Don Theissen, Washington County, reviewed the survey and he thought there would be enough room for a sidewalk if the variance was granted, but that he could not tell for certain until he did a field investigation. Robertson stated that he had not heard any feedback from MNDOT. Councilmember Robert stated that she wanted the information to be complete before she votes on the variance. Councilmember Swenson, seconded by Kern, moved to close the Public Hearing at 7:55 p.m. Carried 5 -0. Councilmember Robert, seconded by Schaaf, moved to table discussion on the variance until the next City council meeting. Motion failed 1 -4. Councilmembers Swenson, Kern, Schaaf, and Mayor O'Neal opposing. Councilmember Schaaf, seconded by Swenson, moved to grant the variance due to the hardship that there was no other space in which Amoco could locate the sign. Carried 4 -1. Councilmember Robert opposing. An Ordinance Amending Ordinance 1402 to Change Taxi Cab Insurance R- _uir -m -nt fr.m • 600 Pr..ert D -ma.e 106 066 B.•i Injury- Single Person, $300,000 Bodily Injury - Multiple Persons to $100,000 Combined Liability Insurance Coverage - Mayor O'Neal opened the Public Hearing at 8:05 p.m. Doug Luchsinger was present to answer questions. Administrator Robertson and Attorney Vierling presented a list of taxi cab insurance requirements for local cities. Mr. Luchsinger noted that to obtain $300,000 multiple bodily injury insurance coverage would cost him $32,000 per year, and that he is not even sure that he could get coverage in that amount. Page 7 - City Council Minutes 08/13/96 • Mr. Luchsinger noted that Suburban Taxi is his only competitor and they operate their taxis in Oak Park Heights without a license. Council discussed the need for taxi service in Oak Park Heights versus the safety of the general constituency. Councilmember Schaaf, seconded by Swenson, moved to close the Public Hearing at 8:20 p.m. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to amend Ordinance 1402 to require insurance in the amount of $100,000 Combined and Single limits, to be reviewed annually. Carried 3- 2. Mayor O'Neal and Councilmember Kern opposing. New Business: Future Permit Applications - Council was in consensus to direct staff to not accept permit applications in the future until any necessary copies of surveys had been received and until a list of adjoining property owners had been received. Election Issues - Administrator Robertson presented information provided by the County Auditor - Treasurer which will be given to each candidate for City office. Robertson noted that a State Campaign Financial Report needs to be completed for candidates receiving or spending more than $750.00. Robertson stated that • the filing period for City offices is from Tuesday, August 27, 1996 until Tuesday, September 10, 1996. Grant Request - Collaborative History Proposal - Council reviewed a letter from David Ghere outlining a collaborative education /history proposal which would result in a book /pamphlet on the local history of the bridge construction area, a video history on the same topic, and a video documentary on the progress of the project itself. Ghere is requesting that the cities of Stillwater and Oak Park Heights each provide $500.00 in compensation for one week of work. Councilmember Robert, seconded by Kern, moved to approve a donation of $500.00 to fund the Collaborative History Proposal. Carried 5 -0. Update on Street Reconstruction Re- sodding Project - City Engineer Anderlik updated the Council regarding the status of the project. Anderlik reported that the areas that need to be re- sodded have been identified. Central Landscape has been hired to do the work but they are not committing to a time schedule because they are so busy. Council asked if another landscaping company could be found to do the job. Anderlik said he would try to find one but said that all he is hearing from his field staff is that landscape companies so busy that they are behind schedule everywhere. Page 8 - City Council Minutes 08/13/96 Krueger Lane Improvement Bid - Councilmember Schaaf, seconded by Kern, moved to approve awarding the improvement per City Engineer's recommendation to the low bidder Hydrocon, Inc. in the amount of $319,966.50. Carried 5 -0. Cooperation with City of Bayport - Fire Hydrant Flushing - Councilmember Schaaf, seconded by Swenson, moved to approve the Joint Powers Agreement with the City of Bayport to share personnel for hydrant flushing in the fall of 1996. Carried 5 -0. Proposed ADA Change Order - Painting of Walls, Windows, and Doors - $559.00 - Councilmember Robert, seconded by Swenson, moved to approve the ADA Change Order. Carried 5 -0. Councilmember Robert requested that Robertson initiate the repair of a hole in the wall of the building and the installation of phone service. Correspondence: NSP Letter - Administrator Robertson noted a letter received from NSP stating that the cost of placing existing overhead power lines underground would be passed to the city making the request. Council directed Robertson to obtain a cost estimate for this project. John Haase Letter and Bill - Administrator Robertson presented a • letter sent to John Haase, which includes a bill from Bay West for environmental clean -up of the gasoline /solvents Haase discharged on his property. The cost of the cleanup was $10,880.84. Robertson stated that the County has a criminal complaint proceeding against Haase on this incident. Minnesota Pollution Control Agency stated that they will pay the Bay West bill if Haase does not do so in early August. George Vogt Resolution - Mayor O'Neal stated that the bridge construction has been an issue for a long time. Mayor O'Neal noted that she is finding the amount of verbal abuse she is receiving on the issue to be intolerable, and suggested that the City Council enter into conflict resolution with members of the Bridge Coalition. The goal of the conflict resolution would be to define what is verbal abuse and how to go about resolving conflicts while maintaining respect for one another. Robertson reported that Tom Fuitack, from the University of Minnesota Coalition for Conflict Resolution, a part of the Humphrey Institute, is available to mediate conflict resolution between members of the City Council and members of the Bridge Coalition. The initial fee would be $500.00 for a three hour meeting, and $150.00 for every hour after that. George Vogt stated that he is not associated with anyone on the Bridge Coalition who has been involved in the verbal harassment • of members of the City Council and that he has not been abusive. Mayor O'Neal agreed. Page 9 - City Council Minutes 08/13/96 111 Mayor O'Neal moved to table discussion on the resolution indefinitely. This motion died due to lack of a second. Councilmember Schaaf, seconded by Robert, moved to adopt the George Vogt Resolution. Carried 3 -2. Councilmember Kern and Mayor O'Neal opposing. After much discussion, Councilmember Robert, seconded by Schaaf, moved to amend the motion adopting the George Vogt Resolution to direct staff change the communication from resolution form to letter form. Carried 3 -2. Councilmember Kern and Mayor O'Neal opposing. After more discussion on conflict resolution, Councilmember Swenson, seconded by Kern, moved to enter into conflict resolution with members of the Bridge Coalition. Carried 5 -0. Council directed Robertson contact Tom Fuitack to arrange a meeting. Jerry Sigstad Letter - Administrator Robertson noted a letter received from Jerry Sigstad expressing interest in opening an in- stock carpet and vinyl retail store at 137995 60th Street on land owned by John Haase. Robertson indicated that he had rejected the application on the advice of the City Planner, because the • site plan was not drawn to scale and because there was no overall concept plan proposed for the area. Robertson also indicated that Sigstad was proposing that customer access be obtained from the existing gravel road to the NSP substation, and that he did not want to pave the road. Council was in consensus that the road should be paved. Councilmember Schaaf, seconded by Robert, moved to support City staff in their rejection of the application due to lack of information. Carried 5 -0. Valley Branch Water Management Organization - Councilmember Robert asked City Engineer Anderlik to respond to a letter from Valley Branch Water Management Organization regarding pond levels. Anderlik stated that his office will respond to the letter. Party in the Park Thank You - Administrator Robertson stated that he has investigated the cost of purchasing a % page ad in the local newspaper which would thank individuals who volunteered and businesses who made donations to make the Party in the Park a success. The cost for a % page is $400.00 for the daily paper or $600.00 for the Wednesday paper. Council directed City staff to write a thank you letter to the editor. • Page 10 - City Council Minutes 08/13/96 • Adjournment - Councilmember Swenson moved to adjourn. The motion died for lack of a second. Water Meter Refunds - Council was in agreement to not change the existing City policy of requiring the water meter be turned in to receive a refund. Tobacco Ordinance Change Complaint - Councilmember Kern reported that he received a complaint from Snyder's stating that the new tobacco ordinance is adversely affecting business, because an adult must approve the sale of all cigarettes. Adjournment: Councilmember Schaaf, seconded by Kern, moved to adjourn at 10:00 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, TUESDAY, AUGUST 6, 1996 Call to Order: The workshop was called to order at 6:00 p.m. by Deputy Mayor Kern. Present: Councilmembers Schaaf, and Swenson. Absent: Mayor O'Neal & Councilmember Robert. Staff Present: City Administrator Robertson, City Attorney Weidner, and City Planner Richards. Zoning Ordinance Update Review - City Planner Richards reviewed the Zoning Ordinance Update with Council. The areas of Sexually Oriented Uses, Home Occupations, Day Care Facilities, Animals, Reception /Transmission Devices, Essential Services, Public Property, Subdivision of Two Family Lots, and Zoning Districts were reviewed. The following items were discussed in detail. Adult Uses - Richards noted that recent court cases required that there must be some portion of the City in which adult uses are allowed. Home Occupations - Richards stated that the new ordinance separated Home Occupations into two categories, Permitted and Special. Permitted home occupations are those which have no retail traffic, no outside storage, produce no nuisances, and take place in the home. Permitted home occupation applications • will be handled administratively by the Zoning Administrator in a similar manner to dog licenses. The fee would be nominal and would be set periodically by Council. Special home occupations would require a Special Home Occupation Permit. The process followed for this would be the same as a Conditional Use Permit and would require notification of nearby property owners and a public hearing before Council. Council was in consensus that they supported this change. There was some discussion over not requiring a permit for the Permitted Home Occupations. Both Richards and City Attorney Weidner recommended requiring a permit as a way to keep track of such uses. Reception /Transmission Towers - Richards indicated that there was big push by companies to build or acquire tower sites to construct antenna for the new cellular phone technology. He noted that these towers would require a conditional use permit under the new zoning ordinance. Council was in consensus to change this to a permitted use, subject to a suitable agreement being negotiated between the City and the applicant. General District Provisions - Richards noted there were very few changes in this area. There was some discussion over the fact • that the proposed boat landing was not a permissible use in any district. Council was in consensus to make it a permissible use in the River Impact Overlay Zone. Page 2 - Minutes 08/06/96 Higher Standards of Building Construction - Richards asked whether Council wanted to require higher standards of building construction for commercial buildings than it currently did in the Zoning Ordinance. Council was in consensus that the standards were agreeable for new construction. There was discussion over whether the standards were too high for remodeling of existing commercial buildings. Robertson indicated that much of the high cost of remodeling a commercial building was due to coming into compliance with the State Building Code. Council reached no consensus on changing the ordinance. Sign Ordinance - There was considerable discussion of the Sign ordinance. Many business owners had recently received notices that they were in violation of the temporary sign provisions in the ordinance. Councilmember Schaaf said that he thought that the City's provisions were too rigid and should be changed. Council discussed which signs it thought should be allowed and which ones should not. Council was in consensus to re- examine the sign ordinance. Next Meeting - Council was in consensus that no more meetings were needed. Richards was instructed to make the agreed upon changes and then present the ordinance at a regular City Council meeting. Council was in consensus that they would not hold up approval of the amended ordinance while they discussed whether or • not a new sign ordinance was needed. Adjournment: Deputy Mayor Kern adjourned the workshop at 7:00 p.m. Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, TUESDAY, AUGUST 6, 1996 Call to Order: The workshop was called to order at 7:07 p.m. by Deputy Mayor Kern. Present: Councilmembers Schaaf, and Swenson. Absent: Mayor O'Neal & Councilmember Robert. Staff Present: City Administrator Robertson, City Attorney Weidner, City Planner Richards, City Engineers Joe Anderlik, Otto Bonestroo, and Bob Schinick. Wastewater Study Presentation - Schinick noted that Bonestroo, Rosene, & Anderlik (BRA) had been hired by the Metropolitan Council to study whether the metropolitan wastewater treatment system could handle treatment for an additional 1,000,000 people over what it treats today. This is the amount the Met Council expects the metropolitan area to grow in the next 40 years. The study showed that it could. It also showed that it would cost approximately one billion dollars over the next 40 years to add that capacity. This was no surprise to BRA because the system had been designed many years ago with the thought that it would eventually reach that number. The second part of the study was to see whether that population growth could be accommodated within the existing Metropolitan Urban Services Area (MUSA) line, which is the line • within which sewers are allowed to be built. This study was not done because Met Council did not have the funding to do it. The Builders Association then decided to fund the study. Builders Association Study - Schinick indicated that this study found that the expected one million additional people would not fit within the MUSA line unless lifestyles changed drastically and there were a lot more apartments and townhouse built. The study examined 23 communities on the suburban fringe where most of the current growth was taking place. They found that most communities had only a 3 -5 year supply of residential land, both platted and unplatted. Schinick said they then mapped all of the area that could ultimately be served by the metro area sewer plants. This what is called the Ultimate MUSA, or Ulti -MUSA. They found approximately 550,000 acres of undeveloped land. Then they measured all the land that could not be developed at urban (small lot) densities. This included land that was zoned for large lots, wetlands, parks, and industrial land. The amount of this land was approximately 260,000 acres. They estimated that large lot zoning would cost the metropolitan area an additional $650,000,000 to $1,300,000,000 in sewer costs • over the next 40 years by forcing thousands of households outside the MUSA in order for them to find available land at urban densities. Page 2 - Minutes 08/06/96 111 Council asked how much capacity the Stillwater (St. Croix Valley) wastewater treatment plant had. Bonestroo said that he did not have the exact figures but that he thought it had a lot of treatment capacity. Council asked how much capacity the City's sewer pipes had and how far the City could expand before it reached capacity. Anderlik said that he had just researched that figure. He said the main sewer trunk line along Highway 36 will be near capacity once the Highway 36 area is fully developed. He said the main trunk line which ends just east of the Oak Park Heights prison has the capacity to serve an estimated additional 10,000 - 15,000 people. Council discussed this information in light of its' Comprehensive Plan update. Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn at 8:04 p.m. Carried 3 -0. Respectfully submitted, i i Michael R.•ertson III City Administrator III OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JULY 23, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by • Mayor O'Neal. Present: Councilmembers Robert, Schaaf, and Swenson. Absent: Councilmember Kern. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Engineer Anderlik. Visitor Comments: Doug Luchsinger, 665 North Geneva Avenue, Oakdale, was present to discuss the current taxi license ordinance. Administrator Robertson stated that Luchsinger was the subject of a complaint for operating a taxi without a license in the City of Oak Park Heights. Luchsinger said he was willing to obtain a taxi license, but requested that the City Council consider reducing the minimum insurance coverage requirement from $300,000 in liability insurance to $100,000 in combined insurance. He said that most other city ordinances required only $100,000 in coverage, citing the cities of St. Paul, Minneapolis, Hudson, and Hastings. He indicated, that last year the cost for a $300,000 policy was $32,000 per year, while a $100,000 policy cost $7,000. Chief Swanson stated that one of the three cabs operated by Luchsinger passed inspection, and two of the cabs had minor infractions. The problems have since been fixed and the two cabs have passed inspection. Council asked Police Chief Swanson his opinion regarding the taxi ordinance. Chief Swanson recommended that the ordinance be reviewed and updated. • Council directed City Attorney Vierling to prepare a summary addressing the insurance portion of the ordinance. This summary will be discussed at the next City Council meeting scheduled Tuesday, August 13, 1996. The complete taxi cab ordinance will be reviewed at the last City Council meeting in August. Councilmember Robert, seconded by Swenson, moved to set a public hearing on Tuesday, August 13, 1996 at 7:30 p.m. to amend the insurance coverage portion of the taxi cab ordinance. Carried 4- 0. Department Reports: Bicycle Rodeo Contributions - Police Chief Swanson reported that the Police Department will be able to utilize the $500.00 matching contribution for the Bicycle Rodeo approved by the City. Swanson noted that his department received a $200.00 donation from the VFW and a $500.00 donation by the Eagles. Stillwater Glass and Walmart have donated bicycles and several businesses have donated cash awards and gift certificates. Donations have also been received from area residents. • Page 2 - Minutes 07/23/96 Resolution 96 -07 -20 - A Resolution Authorizing the Police Department to Make Application for Enrollment in the Safe and • Sober Community Project - Police Chief Swanson requested that the City Council pass the resolution so they can proceed with the application for the Safe and Sober community project. Councilmember Schaaf, seconded by Swenson, moved to approve Resolution 96- 07 -20. Carried 4 -0. Radar Board - Councilmember Swenson asked Chief Swanson the cost of purchasing a radar board. Swanson stated that a radar board would cost $14,000. He indicated that Washington County is in the process of purchasing a radar board and that it should be in operation by the end of September. New Workshop Dates - Councilmember Swenson, seconded by Schaaf moved to approve the following workshop dates: Zoning Ordinance Workshop, August 6, 1996, at 6:00 p.m. Otto Bonestroo Workshop, August 6, 1996, at 7:00 p.m. Washington County Comprehensive Plan Workshop, August 20, at 6:00 p.m. Budget Review Workshop, August 20, 1996 at 7:00 p.m. Carried 4 -0. Financing Acquisition of Park Land - Councilmember Robert reported that the Parks Commission requested that money funding the acquisition of the Connel property be taken from the Land Acquisition fund. City Administrator Robertson suggested that Deputy Clerk /Finance Director Holst provide a recommendation at the Budget Workshop. Procedure for Dedicating Park Land - Councilmember Robert asked City Attorney Vierling what procedure should be used for dedicating newly acquired land as park land. Vierling stated that the City has a master park plan and that it was not necessary to specifically dedicate land for park uses as long as it was so described in the master park plan. Installation of a Basketball Hoop at Brekke Park - The Parks Commission requested that the City Council authorize the installation of a basketball hoop at Brekke Park. Councilmember Robert, seconded by Swenson, moved to authorize the expenditure of up to $400.00 from the Recreation Fund to install a basketball hoop at Brekke Park. Carried 4 -0. Party in the Park - Mayor O'Neal displayed items that will be available at the Party in the Park scheduled Saturday, August 10, 1996 at Valley View Park from 1:00 - 3:00 p.m.. Council directed Administrator Robertson to look into having City T- shirts for residents to purchase at next years Party in the Park. • Page 3 - Minutes 07/23/96 Scenic Overlook - Councilmember Robert reviewed a memo regarding the Scenic Overlook landscaping plan. Councilmember Robert, • seconded by Schaaf, moved to approve, in principle, the memo regarding the Scenic Overlook landscaping plan and to direct Attorney Vierling to draft a letter to this effect to MNDOT. Carried 4 -0. Water Tower Cleaning - Mayor O'Neal asked Administrator Robertson if he had heard from the contractor scheduled to clean the water tower. Robertson stated that he had not and that he had not received a response to several messages he had left at the contractor's. Attorney Vierling stated that the project could be rebid. Councilmember Swenson, seconded by Councilmember Schaaf, moved to direct City staff rebid the water tower project. Carried 4 -0. Building - Councilmember Swenson requested that the locks at City Hall be re -keyed since he has some keys that do not work. Also, Councilmember Schaaf requested that lighting in the parking lot be improved. Council directed Administrator Robertson follow -up on both of these projects. Met Council Growth Option Plan - Administrator Robertson stated that he and City Planner Richards are in the process of drafting a letter to the Met Council regarding its Growth Option Plan. Robertson will distribute copies of the draft to each Councilmember for their review. Comments regarding the letter should be addressed to Robertson by Monday, July 29, 1996. Request for Historical Information on Lower East Oak Park Heights - Mayor O'Neal reported that an area resident is requesting historical information on lower Oak Park Heights, particularly the Stagecoach Trail area. Anyone with historical information or pictures should contact Administrator Robertson. Cable - Councilmember Swenson stated that he attended the Cable Commission meeting last week. Councilmember Swenson reported that the cable channels are being realigned and King Video Cable has a new phone number. Recycling Award - No recycling award was announced. Browns Creek Water Management Organization - Councilmember Schaaf stated that Browns Creek WMO will meet Wednesday, July 31, 1996. Middle St. Croix Water Management Organization - Mayor O'Neal stated Middle St. Croix WMO will meet Thursday, August 1, 1996 at Bayport City Hall. • Page 4 - Minutes 07/23/96 Valley Branch Watershed District - Administrator Robertson 411 reported that the City Engineer's office has sent Valley Branch the information it requested. Strategic Planning Committee - The Strategic Planning Committee (SPC) will meet at 7:00 p.m., Wednesday, July 31, 1996 at Oak Park Heights City Hall. SPC Appointee - Council reviewed a letter from Michael Dahlquist requesting that the City Council consider appointing him as a citizen representative to the Strategic Planning Committee. Councilmember Robert recommended Dahlquist based on his work as Parks Commission Chair. Councilmember Robert, seconded by Swenson, moved to appoint Michael Dahlquist to the Strategic Planning Commission. Carried 4 -0. Oak Park Heights Business Group - Councilmember Schaaf stated that the next Oak Park Heights Business Group meeting will be held Wednesday, August 7, 1996 at 7:30 a.m. at Applebee's Restaurant. Topics for discussion include the Junker landfill lawsuit and business garbage collection rates. Consent Agenda: 1. Approve Council Meeting Minutes, July 9, 1996. 2. Increase Park Attendant Dave Otto's pay rate to $7.50 an hour. • 3. Approval of Brackey Addition Street Utility Improvement Plan. Councilmember Schaaf, seconded by Swenson, moved to approve the Consent Agenda. Carried 4 -0. Unfinished Business George Vogt Resolution - Council reviewed an information packet which included an updated resolution submitted by George Vogt regarding the bridge, copies of every resolution on the bridge, and a copy of the letter sent to Chuck Siggerud last August, 1995 notifying him of the Council's decision. Councilmember Robert stated that she wanted to be on record stating that the Council did not approve the northern alignment of the southern corridor for the New St. Croix River bridge. After much discussion, Councilmember Swenson, seconded by Mayor O'Neal, moved to table the issue. Carried 4 -0. Approval of Trail Grant Request - Councilmember Robert, seconded by Schaaf, moved to approve the application for the Trail Development Grant from the Minnesota DNR. Carried 4 -0. 111 Page 5 - Minutes 07/23/96 Proposed Fire Substation - Mayor O'Neal stated that a meeting is scheduled Wednesday, July 31 at 6:00 p.m. to discuss this issue • with the Mayor, City Administrator, and Fire Chief of Bayport. Councilmember Swenson asked City Attorney Vierling what was the latest date the City could apply for a bond referendum. Vierling said the Council would need to make a decision by the second City Council meeting in August. Council requested Vierling provide an estimate of the costs of balloting at the next City Council meeting scheduled Tuesday, August 13, 1996. Council also requested the drafting of a motion of approval /disapproval, a breakdown of the costs of a fire substation vs. a new high speed pumper truck, and analysis of whether the costs could be distributed through the fair share formula. Public Hearings: Request for Kennel License - Debra Zahler Runk - 5525 O'Brien Avenue - Mayor O'Neal opened the Public Hearing at 8:00 p.m. Ms. Zahler Runk was present to answer questions. Zahler Runk stated that the kennel license includes three dogs, all who have been spayed or neutered and have had their rabies vaccinations. There were no other comments. Councilmember Swenson, seconded by Schaaf, moved to close the Public Hearing at 8:02 p.m. Councilmember Swenson, seconded by Schaaf, moved to approve the Kennel License Application. Carried 4 -0. New Business: • Water Meter Deposit Refund - Administrator Robertson reported that he has received several requests from residents who have sold their homes and are moving out of Oak Park Heights for refunds of their water meter deposits. The residents have objected to having to return their water meters in order to receive their deposits. Council requested that Robertson and staff research the history of these deposits. Industrial Park - Councilmember Schaaf reported that the use of the land between Oakgreen and Walmart was discussed at the last Oak Park Heights Business Group meeting. Councilmember Schaaf stated that business owners felt strongly that the area should be used for commercial purposes, and should not be zoned a residential area. He said the City should strongly consider establishing an industrial park area somewhere in the City. mmmm Page 6 - Minutes 07/23/96 Correspondence: MNDOT Letter - Highway 5 Stormwater Pond - Council acknowledged a letter from MNDOT regarding stormwater ponding at the intersection of Highway 36 and Highway 5. MNDOT requires that the drainage easement and stormwater pond be in place before construction begins. City Engineer Anderlik reported that the pond is proposed to be located on the east side of 60th Street frontage road, north of the high school. Anderlik stated that the property owner will be involved in the design of the location. Jim McGovern, a representative from property Bob Brackey was present and said they were discussing the issue with Anderlik. Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn at 8:30 p.m. Carried 4 -0. Respectfully submitted, Michael Robertson City Administrator • • OAK PARK HEIGHTS CITY COUNCIL MINUTES TUESDAY, JULY 9, 1996 Call to Order: The meeting was called to order at 6:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Schaaf, and Swenson. Councilmember Robert arrived at 6:30 p.m. Staff Present: City Administrator Robertson and City Attorney Vierling. Police Chief Swanson arrived at 6:30 p.m. Visitor Comments: Dick Thompson of the Metropolitan Council was present to make a presentation on the Metropolitan Council's three different options for dealing with growth in the Twin Cities Metro Area in the next 25 years. By 2020 the Met Council projects that the Twin Cities Metro Area will contain 330,000 new households, 650,000 more people, and 380,000 more jobs. Council had a number of questions for Thompson. Thompson requested that the City send the Met Council a letter stating their positions on future growth. Larry Simonson and Joyce Ericson of 14301 57th Street were present regarding the City ordinance requiring vehicles /trailers parked at a residence to be parked on a parking pad. Simonson stated that he has two boats and one utility trailer parked outside of his garage in his back yard. Simonson said he did not • want to put a parking pad next to his garage because he would have to remove mature trees and shrubs. Simonson stated that he shares the Council's concerns regarding visual blight and proposed various ways for him to store his boats on the property. Mayor O'Neal suggested to Simonson that he present his proposals to the Council by utilizing the Request for Variance process. Department Reports: Police Department - Chief Swanson described the actions of the Safe Sober Task Force and said he was in the process of completing the grant application for 1996/97. Swanson requested that the Council pass a resolution supporting the Police Department's application. Councilmember Swenson, seconded by Schaaf, moved to authorize City Attorney Vierling to prepare a resolution as requested by Chief Swanson. Carried 5 -0. Speed Enforcement Results - Chief Swanson stated that there were 70 citations issued at the latest Safe Sober speed enforcement operation. Hiring Status for Replacement of Retiring Sergeant - Chief Swanson reported that written exams and oral interviews have been completed and an eligibility list has been established in anticipation of finding a replacement upon Sergeant Jorgenson 's retirement. Page 2 - Minutes 07/09/96 Bicycle Safety Rodeo - Chief Swanson stated that a Bicycle Safety • Rodeo will be held Saturday, August 3, 1996 from 9:00 a.m. to noon at Brekke Park parking lot. The Rodeo is intended to promote bicycle safety. Swanson reported that Walmart has donated a boy's bike, and he is hoping to receive enough donations to purchase a girl's bike. Mayor O'Neal suggested that Chief Swanson contact Lakeview Hospital for information that could be distributed at the Rodeo regarding head injuries. Mayor O'Neal proposed that the Council authorize a donation for gift certificates for bike helmets. Councilmember Swenson, seconded by Kern, moved to authorize $300.00 from the Contingency Fund be used to purchase six $50.00 gift certificates to used for bike helmets as prizes for the Bike Rodeo. After some discussion, Councilmembers Swenson and Kern rescinded their motion. Councilmember Swenson, seconded by Kern, moved to match a contribution of up to $500.00 for any donations made by Oak Park Heights businesses. These funds will be disbursed from the Contingency Fund. Carried 5 -0. Parking Problem - Chief Swanson reported a potential hazardous parking situation located near the County jail at Panama and • 60th. People parking on the south side of the new jail are causing an obstructed view. Swanson requested authorization to install a "No Parking This Side" sign and to paint 30 feet of curbing yellow. Swanson indicated that only two parking spots will be lost. Councilmember Swenson, seconded by Robert, moved to authorize Chief Swanson install the sign and paint curbing. Carried 5 -0. Utilities - Administrator Robertson stated that there will be a phone line relocation by US West on Upper 61st Street between Beach Road and Lookout Trial. Robertson stated that this will create some disruption because it requires tearing up part of the street. Parks - Councilmember Robert stated that the next Parks Commission meeting will be held Monday, July 15, 1996. Re- scheduling the Zoning_ Ordinance Workshop - Administrator Robertson stated that he received a memo from City Planner Richards stating that he had a conflict with attending the Zoning Ordinance Workshop scheduled Tuesday, July 23, 1996. Robertson suggested rescheduling the Workshop to Tuesday, August 6, 1996. Robertson was directed to check with City Planner Richards regarding that date. • Page 3 - Minutes 07/09/96 Osgood Avenue Road Closing - Administrator Robertson stated that • the railway crossing located south of the prison on Osgood Avenue will be closed on Monday, July 15th, 1996. Emergency vehicles will be permitted to cross but no one else. Public Forum Regarding Expansion of the Landfill - Robertson stated that NSP has finished the permit process for expansion of the landfill and wants to hold a public forum at City Hall on Thursday, July 25, 1996 at 7:00 p.m. Council granted approval and requested that Robertson post the forum as a Council workshop. W. hin• .n • nt om•rehensive Plan Workshop - Councilmember Robert requested a workshop be held to review the Washington County Comprehensive Plan. Council discussed using the workshop scheduled for Tuesday, August 6th, 1996 at 7:00 p.m. and discussing the County Plan once the Zoning Ordinance update was finished. Councilmember Robert requested Robertson distribute a copy of the Washington County Comprehensive Plan to all Councilmembers. Employee Recognition Program - Councilmember Robert asked about the status of the Employee Recognition Program. Robertson stated that all employees with less than 15 years of service are honored in- house. Employees with more than 15 years of service will be honored before the Council. Valley Branch Watershed Council directed Administrator Robertson to write a letter to the Valley Branch Watershed stating that the City has been in contact with their engineer and requesting they reply in writing regarding any additional information they need from Oak Park Heights. Robertson was also directed to request that the minutes of the June 13, 1996 meeting be amended to reflect that the City of Oak Park Heights has contacted them regarding the information they requested. Cable - Councilmember Swenson stated that the next Cable Commission meeting is scheduled for 7:00 p.m., Wednesday, July 17, 1996 at Bayport City Hall. Council Meeting Agenda - Council requested that cable tv coverage of their meetings start at 6:30 p.m. rather than 7:00 p.m. Recycling Award - Administrator Robertson reported that Andrea Siebold of Unit #2, 14824 58th Street, was the recipient of this weeks winner of the recycling award. Brown's Creek Water Management Organization - Councilmember Schaaf stated that the Brown's Creek Water Management Organization will meet Wednesday, July 31, 1996. 410 Middle St. Croix Water Management Organization - Mayor O'Neal reported the MSCWMO will meet Wednesday, July 17, 1996. Page 4 - Minutes 07/09/96 • Strategic Planning Committee - Mayor O'Neal reported that the Strategic Planning Committee will meet at 7:00 p.m., Wednesday, July 31, at Oak Park Heights City Hall. Administrator Robertson stated that he and Bayport Administrator Hartung will make a presentation on sharing services. Oak Park Heights Business Group - Councilmember Schaaf stated that the first meeting for the Oak Park Heights Business Group will be held at 7:30 a.m., Thursday, July 11, 1996 at Canelake's Restaurant. All Oak Park Heights business owners are invited to attend. Councilmember Schaaf also invited Police Chief Swanson to attend and make a presentation. Fire Substation - Councilmember Swenson asked if the Mayors and Administrators had met yet to discuss the proposed high speed pumper truck. He also asked about time lines for a referendum on the proposed fire substation. Robertson said the previous meeting of the Mayors and Administrators was canceled and that he would try to set up another meeting. City Attorney Vierling recommended that any referendum decision be made by August so as to have enough time to file all the necessary forms. Robertson said he would place this item on the agenda at the next City Council meeting. Consent Agenda: • 1. 2. Approve Council Meeting Minutes - June 24, 1996 Pay Bills and Investments 3. ADA Change Order - Additional Plumbing Work $210.33 4. Approve Council Workshop Minutes - June 27, 1996 5. Set Public Hearing - Request for Variance for Second Accessory Building - Bill Gramenz - 13965 55th Street - Tuesday, July 13, 1996 at 7:30 p.m. 6. Set Public Hearing - Request for Variance to 10 Foot Setback for Freestanding Sign - Amoco - 14738 N. 60th Street - Tuesday, July 13, 1996 at 7:30 p.m. Mayor O'Neal requested that the June 24, 1996 Minutes be pulled from the Consent Agenda. Councilmember Schaaf, seconded by Kern, moved to approve the Consent Agenda as presented. Carried 5 - 0. Mayor O'Neal stated that the minutes should read, "Mayor O'Neal stated that the next meeting for the MSCWMO will be held Wednesday, June 26, 1996 at 7:00 p.m. at City Hall." Councilmember Kern, seconded by Swenson, moved to approve the minutes as amended. Carried 5 -0. 410 Page 5 - Minutes 07/09/96 . Unfinished Business George Vogt Resolution - Administrator Robertson reported that he has not received any comments regarding the proposed resolution. City Attorney Vierling cautioned the Council to consider past resolutions before passing a new resolution. Mayor O'Neal suggested tabling the issue to allow City Attorney Vierling and Administrator Robertson to review the past resolutions regarding the bridge. Councilmember Swenson, seconded by Kern, moved to table the issue so the Council and City staff has opportunity to review the past bridge resolutions. Carried 5 -0. St. Croix Valley Sports Facility - Administrator Robertson reported that he has not been contacted by any Oak Park Heights resident who is interested in being on the Sports Facility Board. City Attorney Vierling reported that the facility was originally going to be operated as a 501.C.3 non - profit organization, but there is talk now of a Joint Powers Agreement. City Attorney Vierling cautioned the Council to be careful in selecting a representative when the Council does not know what type of organization they will be representing. Mayor O'Neal recommended appointing Councilmember Swenson to attend the meetings as a liason to the Sports Facility Board from Oak Park Heights. • Councilmember Swenson, seconded by Schaaf, moved to appoint Councilmember Swenson as liaison for the Sports Facility Board, with City Attorney Vierling reviewing the legal and financial implications for the City. Carried 5 -0. New Business: Proposed Tobacco License Fees - Administrator Robertson stated that he was contacted by Walmart and Snyder Drug regarding the recently approved Ordinance Relating to the Sale of Tobacco Products. Walmart stated that they will have to install a separate counter for the sale of cigarette cartons and that they weren't certain they could be installed before the deadline. Snyder Drug stated that the new ordinance will often require an adult be called to the counter for tobacco sales because they employ a lot of high school students during the nights and weekend hours. Council requested that Police Chief Swanson provide an estimate regarding the costs of conducting compliance checks before establishing license fees. Councilmember Swenson, seconded by Kern, moved to change the City tobacco products license fee to $30.00 effective January 1, 1997, with reconsideration after the first year. Carried 3 -2. Councilmember Robert and Schaaf opposing. • Page 6 - Minutes 07/09/96 III Resolution 96 -07 -19 - Authorizing the Fire Department and Police Department to Utilize Properties in Oak Park Heights Before They are Demolished - Administrator Robertson stated MNDOT requires the City adopt this resolution before they will allow use of any properties they purchase. Councilmember Swenson, seconded by Schaaf, moved to adopt Resolution 96 -07 -19 - Authorizing the Fire Department and Police Department to Utilize Properties in Oak Park Heights Before They are Demolished. Carried 5 -0. Newsletter Articles - Council reviewed a list of articles proposed for the August newsletter. LMC Funding Request - Right -of -Way Task Force - Mayor O'Neal reviewed a letter received from the League of Minnesota Cities requesting a donation of $307 to help fund the work plan developed by the Rights of Way Task Force. Councilmember Schaaf, seconded by Swenson, moved to approve a donation of $400.00 from the Contingency Fund for the League of Minnesota Cities Right of Way. Carried 5 -0. Scenic Overlook - Councilmember Robert updated the Council regarding proposals by MNDOT regarding the Scenic Overlook. MNDOT will deed the land around the Overlook to the City if the City agrees to maintain it. MNDOT has divided the area around the Overlook into sections 2, 3, and 4. Mayor O'Neal, seconded III by Swenson, moved to accept the offer from MNDOT contingent upon MNDOT continuing to maintain section 4. Carried 4 -0, Councilmember Schaaf absent from voting. Happy Birthday Mark Vierling - The Council sang happy birthday to City Attorney Vierling. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn at 9:00 p.m. Carried 4 -0, Councilmember Schaaf absent from voting. Respectfully submitted, e i x Michael ' obertson City Administrator 410 OAK PARK HEIGHTS • CITY COUNCIL MINUTES, MONDAY, JUNE 24, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Attorney Vierling and City Administrator Robertson, City Engineer Anderlik, and City Planner Richards. Visitor Comments: Utilities Relocation, Highway 36 Reconstruction - Mark Benson, Jeff Gibbons, and Mike Bertel, representatives from MNDOT, were present to answer questions and address concerns regarding the utility relocation which is part of the Highway 36 reconstruction. Mark Benson stated that MNDOT objected to the City Engineer's proposed design because they did not want to expand the project limits. Benson proposed that MNDOT replace utilities with a different design parallel to the existing facilities they would remove. Or, he said that if the City wanted to follow the City Engineer's design the City could proceed with letting its own independent contract for the utility relocation. MNDOT would sign a Joint Cooperative Agreement to pay the design and construction costs for the work if it is completed by May 1, 1997. All costs and damages associated with the easement acquisition and landscaping • would be the City's responsibility. City Engineer Anderlik recommended alternative 2 because it would allow the removal of the Beaudet lift station on Lookout Trail. Councilmembers agreed but expressed concern regarding the May 1, 1997 deadline in alternate 2 for completion of the project. Mayor O'Neal said that bad weather could easily create delays and requested MNDOT be flexible with the date. Councilmember Schaaf, seconded by Kern, moved to approve Resolution 96- 06 -17, A Resolution granting concept approval to a Joint Cooperative Agreement with MNDOT. Construction of the Frontage Road From 60th Street to 58th Street - Robert Brackey, Jim McGovern, and George McGuire of Stillwater Ford were present to discuss the schedule for the construction of the extension of 60th Street in Oak Park Heights from Stillwater Ford to its intersection with 58th Street in front of the high school. McGovern noted that Brackey is concerned that the development of the Kern property will be slowed or stopped if MNDOT delays construction of the Frontage Road beyond the spring of 1997. • Page 2 - Minutes 06/24/96 411 City Attorney Vierling noted that the City had attempted to start the process to get the road constructed this year in May, but due to a lack of response from property owners the issue was dropped. Vierling stated that in May he had received a Waiver of Trespass from Stillwater Ford and that since then he has received one from Mr. and Mrs. Fahrendorff but he has not received one from Robert Brackey. George McGuire of Stillwater Ford confirmed that they would like to see the Frontage Road extended in 1996 and said that they no longer had any concerns about the road being finished by Labor Day. Administrator Robertson said the Bruce Libby, MNDOT project manager, has stated he thinks it's too late to start the project for completion in 1996. Council requested that Mark Benson convey to MNDOT that the City is interested in entering into a Joint Cooperative Agreement that will allow the City to construct the West Frontage Road, with the understanding the MNDOT will reimburse the City's cost. George Vogt Request for Resolution - George Vogt, 6411 St. Croix Trail North, was present to request that the City Council pass a resolution which asks for changes in the proposed bridge and highway design. Vogt stated that he believes the northern alignment of the bridge is wrong and too intrusive in terms of scenic views and in his resolution, proposes that the City urge • MNDOT to modify its plan for the new river crossing. Councilmember Schaaf, seconded by Swenson, moved to table discussion of the resolution so it can be published and the Council can obtain citizen input at the next City Council meeting. Carried 5 -0. Mountain Bike Trail - Margaret Murphy, 5876 Oldfield Avenue, was present to discuss concerns she has regarding the proposed mountain bike trail. Murphy expressed concerns regarding increased City liability, the ability to police the area, the possibility of use by motorized dirt bikes, and whether the City was going to fence the trail to prevent youngsters from cutting through resident's yards. Councilmember Robert said that regular City insurance covers liability for this, and that since the trail was located directly behind the Police Department that it should be easy to police. Councilmember Robert also indicated that it will be a beginner's trail and so not very attractive to motorized dirt bikes. Department Reports: Utilities - Administrator Robertson reported that streets in the Autumn Ridge and Valley View Estates Addition have been swept. Recycling Award - Robertson reported that Marc Palmer, 6438 Osman • Avenue North, was last week's recipient of a $25.00 award for participating in the recycling program. Page 3 - Minutes 06/24/96 Parks - Councilmember Robert reported that the Parks Commission did not have a quorum on June 16, 1996. City Hall Improvements - Mayor O'Neal noted improvements made to City Hall. Councilmember Swenson reported that he received three bids, one in the amount of $3,200, for the installation of an awning for the entrance of City Hall. No action was taken. Administration - Robertson distributed MNDOT Property Acquisition Sheets. Council reviewed the report and noted MNDOT has purchased 15 houses and has made offers to purchase the majority of the homes in lower Oak Park. League of Minnesota Cities Conference - Mayor O'Neal reported that she, Councilmember Schaaf, and Administrator Robertson attended the League of Minnesota Cities Conference last week. Mayor O'Neal and Administrator Robertson reported that their presentation on Strategic Planning for Small Communities went well and was well attended. Cable - Councilmember Swenson stated that the next Cable Commission meeting will be Wednesday, July 17, 1996. Water Management Organization - Councilmember Schaaf reported that the Brown's Creek WMO met and made progress on resolving . their issues. The next meeting is scheduled Wednesday, July 17, 1996. Councilmember Schaaf recommended approving amendments to the Joint Powers Agreement. Middle St. Croix Water Management Organization - Mayor O'Neal stated that the next meeting for the MSCWMO will be held Wednesday, June 26, 1996 at 7:00 p.m. at City Hall. Long Lake Study - Robertson said that he attended a meeting with MNDOT, Soil and Water Conservation, and the City Engineer's office to discuss the impact the Highway 36 reconstruction project may have on Long Lake. Robertson reported that when the study is done a copy of the report will be sent to the City Engineer. Strategic Planning Committee - Mayor O'Neal stated that the June 25, 1996 Strategic Planning Committee meeting has been canceled and will be rescheduled at a later date. Oak Park Heights Business Group - Robertson stated that the first meeting for the Oak Park Heights Business Group will be held Thursday, July 11, 1996 at 7:30 a.m. at Canelake's Restaurant. Party in the Park - Mayor O'Neal reminded the Council and residents that the Party in the Park will be held Saturday, August 10, 1996 from 1:00 p.m. to 3:30 p.m. at Valley View Park. Page 4 - Minutes 06/24/96 S Bridge Computer Animation - Councilmember Robert stated that MNDOT has developed a new computer animation of the proposed bridge. Consent Agenda: Approve Minutes - June 10, 1996 Set Public Hearing - Request for Kennel License - Debra Zahler Runk - 5525 O'Brien Avenue North - July 23, 1996 Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda as presented. Carried 5 -0. Unfinished Business Brown's Creek Joint Powers Agreement Proposed Amendments - Councilmember Schaaf, seconded by Swenson, moved to approve the amendments to the Brown's Creek Joint Powers Agreement. Carried 5 -0. Scenic Overlook - Councilmember Robert stated that MNDOT has proposed to open up the site lines at the scenic overlook, which would involve the removal of trees and brush. MNDOT is requesting the City maintain the area once the project is completed. Councilmember Robert will prepare a memo for the Council regarding this issue. Public Hearings: Public Hearing - An Ordinance Relating to the Sale, Possession, and Use of Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors - Mayor O'Neal opened the Public Hearing at 8:05 p.m. Administrator Robertson reported that notices of hearing were mailed to all businesses who have current tobacco licenses. City Attorney Vierling stated that the proposed ordinance would prohibit tobacco vending machines and would require that current self -serve sales of tobacco be located behind counters where employees would control access. Representatives from Holiday, SuperAmerica, Sprint, and Applebee's were present. None of the representatives from the businesses stated opposition to the proposed ordinance. Mayor O'Neal noted a letter received from M.G.M. Liquor Warehouse requesting an exemption for cigars. Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 8:15 p.m. Councilmember Schaaf, seconded by Swenson, moved to adopt Ordinance 96- 1409 -04 relating to the Sale, Possession and Use of Tobacco, Tobacco Products, Tobacco Related Devices in the City and to Reduce the Illegal Sale, Possession, and Use of Such Items by and to Minors. Carried 5 -0. • Page 5 - Minutes 06/24/96 • Public Hearing - An Ordinance Establishing Chapter 208 Providing for Systems and Procedures for the Processing of Allegations of Violations Regarding City- Issued Licenses and Permits and Providing Civil Remedial Sanctions for Violations Thereof - Mayor O'Neal opened the Public Hearing at 8:16 p.m. City Attorney Vierling reviewed the proposed ordinance. Vierling stated that the ordinance would apply to all permits issued by the City with the exception of building permits and with the exception of those licenses and permits which already have penalties and processes established for them. Councilmember Schaaf, seconded by Kern, moved to close the Public Hearing at 8:22 p.m. Carried 5 -0. Councilmember Kern, seconded Swenson, moved to approve Ordinance 96- 208 -05 Providing for Systems and Procedures for the Processing of Allegations of Violations Regarding City- Issued Licenses and Permits and Providing Civil Remedial Sanctions for Violations Thereof. Carried 5 -0. Public Hearing - An Ordinance Amending Chapter 201 of the Code of Ordinances of Oak Park Heights to Change the City Council Meeting Date and Time to the 2nd and 4th Tuesdays of Each Month - Mayor O'Neal opened the Public Hearing at 8:24 p.m. Mike Runk, 5525 O'Brien Avenue North, was present to discuss the concerns he has • if the City Council meeting date is changed to Tuesdays. Runk stated that he is opposed to the change because it could result in less media coverage because the Stillwater City Council frequently holds workshops on the 2nd and 4th Tuesdays. Reporters for the Gazette and Courier stated that they may have conflicts with Tuesdays, but stated that they would watch a tape of the meeting to obtain the information for publication. The Courier reporter noted that the written report of the Council meeting would probably not make the paper the same week as the meeting. The Cable Access Technician said that he did not televise Stillwater Council workshops and would have no current conflicts with Tuesday night meetings. Councilmember Schaaf, seconded by Kern, moved to close the Public Hearing at 8:38 p.m. Carried 5 -0. Councilmember Schaaf, seconded Swenson, moved to approve Ordinance 96- 201 -03 Amending Chapter 201 of the Code of Ordinances of Oak Park Heights to Change the City Council Meeting Date and Time to the 2nd and 4th Tuesdays of Each. Carried 5 -0. • Page 6 - Minutes 06/24/96 • Public Hearing - Resolution 96 -06 -18 - Proposed Vacation of Drainage and Utility Easements in Lots 1 Throuah 8, Block 1, Valley View Estates 2nd Addition - Mayor O'Neal opened the Public Hearing at 8:40 p.m. Phyllis Glampse, 14853 North 57th Street and Mary Jones, 14875 North 57th Street were present to find out how the proposed Resolution would affect them. City Attorney Vierling stated that since Valley View 2nd Addition had been recently replatted, the City needed to take official action to remove the old drainage and utility easements. Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 8:45 p.m. Carried 5 -0. Councilmember Robert requested that City Attorney Vierling provide the Council with a copy of the new plat. Councilmember Schaaf, seconded by Kern, moved to adopt Resolution 96 -06 -18 a Resolution Vacating Drainage and Utility Easements in Lots 1 Through 8, Block 1, Valley View Estates 2nd Addition. Carried 5 -0. New Business: Adoption of Livable Communities Action Plan - City Planner Richard presented a draft of the Livable Communities Action Plan. Richards reported that the City of Oak Park Heights is well within the benchmarks set by the Metropolitan Council for • affordable housing. Richards recommended that the City adopt the plan along with the changes he was recommending. Richards stated that the Housing Goals and Policy will be built into the Comprehensive Plan which he is currently updating. Robertson noted that Metropolitan Council has not yet changed their benchmarks to reflect the loss of homes in Oak Park Heights due to the bridge construction. Mayor O'Neal requested that Robertson draft a letter to the Metropolitan Council requesting that they change the benchmarks to reflect this loss. Councilmember Swenson, seconded by Robert, moved to adopt the Livable Communities Action Plan for 1997 with the changes recommended by City Planner Richards. Carried 5 -0. St. Croix Valley Sports Facility - Mayor O'Neal reviewed a letter received from David Magnuson representing the proposed St. Croix Valley Sports Facility. Mr. Magnuson is proposing that the City enter into a Joint Powers Agreement. The letter requests that a representative be selected from Oak Park Heights to serve on the St. Croix Valley Sports Facility Board. Mayor O'Neal requested tabling this issue until the next meeting, and invited anyone interested in serving as a representative for the City to apply. • Page 7 - Minutes 06/24/96 • Metropolitan Council Metro Growth Options - Mayor O'Neal noted that the Met Council is requesting input from cities regarding it's proposed metro growth options. Council directed Robertson to contact Met Council and invite a representative to make a presentation on metro growth options at 6:00 p.m. on Tuesday, July 9, 1996. Budget Transfers - Robertson presented a report that Finance Director /Deputy Clerk Judy Hoist prepared. The report includes information on ongoing litigation costs, Parks Commission expenditures, and recommends some budget transfers. Councilmember Schaaf, seconded by Kern, moved to approve the budget transfers. Carried 5 -0. Update on Street Reconstruction Program - Robertson reported on a meeting with the City Engineer, Tower Asphalt, and Buberl Landscaping to discuss finishing the boulevard restoration work. Robertson said that Buberl and Tower Asphalt were unable to come to an agreement and that Tower Asphalt has now hired Central Landscaping to finish the work. City Engineer Anderlik recommended allowing Tower to repair the sod by adding soil and seed. Councilmembers Kern, Schaaf, and Swenson stated that they were not in favor of seeding • exclusively, and stated that some of the areas needed to be re- sodded. Anderlik said that he would have Carol Caron prepare a list of the work that remains to be done for Tower. Robertson said that once a schedule had been established that he would send letters to affected residents so that they would know when repairs would be completed. Councilmember Kern, seconded by Swenson, moved to approve re- sodding the boulevard where affected, with seeding where damage is minimal. Carried 5 -0. Sunnyside Easements - City Engineer Anderlik reported that he met with the Board of Directors for Sunnyside Condominiums to explain the utility relocation project on Highway 95. Anderlik explained why the City wants to eliminate the Beaudet lift station. The minutes of the meeting will be published and membership will be requested to comment. The Chairman will contact City Engineer Anderlik with comments in two weeks. Correspondence: Margaret Murphy Letter - A letter from Margaret Murphy, 5876 Oldfield Avenue North, was distributed to the Council regarding the issue of the City providing affordable housing. Adjourn to Closed Session - Councilmember Schaaf, seconded by Kern, moved to adjourn to a closed meeting for an update on pending litigation at 10:40 p.m. Page 8 - Minutes 06/24/96 Closed Session - City Attorney Vierling updated the Council on pending litigation. Councilmember Kern, seconded by Swenson, moved to work together with Bayport to hire a co- counsel for joint defense of pending litigation. Carried 5 -0. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn at 10:55 p.m. Carried 5 -0. Respectfully submitted, / % "O Michael Robertson City Administrator • OAK PARK HEIGHTS CITY COUNCIL MINUTES, MONDAY, JUNE 10, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Deputy Mayor Kern. Present: Councilmembers Robert, Schaaf, and Swenson. Mayor O'Neal arrived at 6:35 p.m. Staff Present: City Administrator Robertson and City Attorney Vierling. City Engineer Anderlik arrived at 6:40 p.m. City Planner Richards arrived at 6:50 p.m. Visitor Comments: Kim Graffunder, 5866 Penrose Avenue, was present to discuss enforcement of an ordinance. Mr. Graffunder recently purchased a house in Oak Park Heights and the builder has delayed completing work on his house. Therefore, Mr. Graffunder explained that he was not able to comply with the current ordinance as explained by a Peace Officer who talked with him in May. Mr. Graffunder stated that he was issued a citation in June for non - compliance. Mr. Graffunder stated that he appeared before the Council to explain why he was not able to comply with the ordinance and requested that the Council take into consideration the issuance of citations to new residents. Mayor O'Neal arrived at 6:35 p.m. Councilmember Robert explained that the City Council directed the Police Department to strictly enforce the parking and automobile • ordinances as part of the spring cleanup project. Council thanked Mr. Graffunder for bringing the issue forward. Council discussed various ways for informing new residents of ordinances, garbage pickup, recycling, etc. Mayor O'Neal and Councilmember Robert agreed to work together to develop a "welcome" package for new residents. Tree Plan Approval - Ken Kaiser, City Forester, presented a list of new trees and their locations. Kaiser reported that the harsh winter contributed to an increase in the amount of trees lost, particularly some older, larger trees. Kaiser presented a bid from Abrahamson Nurseries for 41 trees in the amount of $4,604.95. Mayor O'Neal asked Kaiser to contact a homeowner in Autumn Ridge about when new trees would be planted. Kaiser said he would contact the homeowner, but stated that he will not plant new trees on any lot that has not been graded and sodded. He said that he would not plant trees in Autumn Ridge until he could plant the majority of any street. Administrator Robertson noted that new trees should not be planted until 1997 so as to reduce the chance of them being injured by construction equipment. Councilmember Kern, seconded by Robert, moved to approve awarding • the bid of $4,604.95 to Abrahamson Nurseries. Carried 5 -0. Page 2 - Minutes 06/10/96 • Department Reports: Police - Chief Swanson reported that the spring cleanup project has been completed. Swanson reported that about 50 homes and commercial properties were visited and given 30 days to bring the property in compliance with City ordinances. Last week officers revisited the properties and 18 citations were issued to 15 properties. Security Door at the Police Department - Chief Swanson stated that Building Inspector Jim Butler has obtained a bid from Nordling Construction for $2,088.00 to install a door to secure the Police Department area. Swanson stated that he would prefer the door be installed this year. Council directed Swanson to work with Robertson and Deputy Clerk /Finance Director Holst in procuring money from one of its budget. Utilities - Mayor O'Neal stated that a letter was received from the Met Council referring to the Stillwater Wastewater Treatment Plant. Mayor O'Neal suggested that since the plant serves Oak Park Heights, Bayport, and Stillwater that the City Council adopt a resolution requesting that Met Council rename the plant to one of the following: St. Croix Valley Wastewater Treatment Plant, Valley Wastewater Treatment Plant, or Tri -City Water Treatment Plant. She further recommended that the cities of Stillwater and Bayport be contacted requesting them to adopt the same • resolution. Councilmember Robert, seconded by Schaaf, moved to adopt a resolution requested Met Council consider renaming the Stillwater Wastewater Treatment Plant to the Oak Park Heights Water Treatment Plant. Carried 4 -1, Mayor O'Neal opposing because she opposed an exclusive name. After further discussion Councilmember Swenson, seconded by Robert, moved to reconsider the resolution regarding changing the name of the wastewater treatment plant. Carried 5 -0. Councilmember Swenson, seconded by Kern, moved to adopt a resolution requesting the Met Council rename the treatment plant St. Croix Valley Wastewater Treatment Plant. Carried 4 -1, Councilmember Schaaf opposed because he did not agree with the proposed name. Parks Department - Valley View Park Cleanup - Councilmember Robert reported that the Sentence to Serve participants completed the cleanup project at Valley View Park. Parks Department - Off -Road Bike Trail - Councilmember Robert reviewed a memo from Greg Sjoquist, Executive Director of the Minnesota Coalition of Bicyclists detailing a proposal for designing and supervising construction of an off -road bicycle trail behind City Hall. Sjoquist indicated that he would be willing to design and supervise construction of the mountain bike trail for $755.00. Page 3 - Minutes 06/10/96 Councilmember Robert reported that actual labor for clearing the trails would be completed by groups of youngsters from the Summer Stretch program and volunteers from the Graffiti Teen Center and Community Work Service at no cost to the City. Robert stated that Gary Sjoquist would be available to supervise work on Thursday mornings from 9:15 a.m. to 12:15 p.m. starting June 20th until completion, and urged Council to fund the request. Mayor O'Neal asked Councilmember Robert how this project would be funded. Councilmember Robert did not have a budget source available. Mayor O'Neal, seconded by Kern, moved to table this issue until the next meeting scheduled Monday, June 24, 1996. Carried 4 -1. Councilmember Robert opposed. Street Department - Administrator Robertson said that Public Works Director Benson reported that all streets have been patched with the exception of Omaha. Benson thought that Omaha was in need of a total reconstruction and questioned whether the Council would like the street patched or not. City Engineer Anderlik recommended that the City patch Omaha Avenue at this time due to the uncertain status of some proposed projects in the area. He also noted that the best time to reconstruct Omaha would be when the State of Minnesota reconstructs the Highway 36 Frontage Road, which is currently scheduled for 1998. • Councilmember Kern noted that there are cracks on the new streets and questioned whether these spots should be repaired. Anderlik stated that these cracks were a normal part of street weathering caused by winter temperatures. He said these cracks should be sealed in the fall as part of routine maintenance. Council directed Anderlik to inspect the streets early fall and make recommendations regarding repairs. 1997 Preliminary Budget Workshop Date and City Administrator Review Workshop Date - Councilmember Swenson, seconded by Kern, moved to set a workshop date of Monday, July 29, 1996 for discussion of the City Administrator's Review and the 1997 Preliminary Budget. Carried 5 -0. The City Administrator Six Month Review will be conducted from 7:00 p.m. to 8:00 p.m. and the 1997 Preliminary Budget Workshop will be conducted from 8:00 p.m. to 10:00 p.m. Zoning Ordinance Update Workshop - Councilmember Swenson, seconded by Kern, moved to set a workshop date of Thursday, June 27, 1996 at 7:00 p.m. Carried 5 -0. Cable - Councilmember Swenson stated that the next Cable Commission meeting will be Wednesday, July 17, 1996. Middle St. Croix Water Management Organization - Mayor O'Neal • reported that the next meeting for the MSCWMO will be Wednesday, June 26, 1996. Page 4 - Minutes 06/10/96 411 Valley Branch Watershed District - Mayor O'Neal asked if Valley Branch had received the information they requested. Robertson reported that City Engineer Carol Caron has left messages with their engineer but has not heard back from them. Council directed Robertson to write a letter to Valley Branch stating that Oak Park Heights has tried to contact them but has not received a response. Strategic Planning Committee - Administrator Robertson reported that the SPC met Thursday, June 6, 1996 to review a report that Administrator Hartung and he developed detailing what type of Public Works services could be shared by Oak Park Heights and Bayport. The Committee asked for further analysis of the issue and a meeting was scheduled for Tuesday, June 25th at 7:00 p.m. Oak Park Heights Business Group - Councilmember Schaaf stated that a tentative date has been set for the last week of June for the first meeting of the Oak Park Heights Business Group. Design Review Committee - Councilmember Robert reported that she will meet with a group of representatives from MNDOT and the County Historical Society to discuss the scenic overlook on Wednesday, June 12, 1996. Consent Agenda: • Approve Minutes - May 28, 1996 • Approve Zoning Ordinance Workshop Minutes, June 3, 1996 • Request for Payment - Nordling Construction - ADA Improvements - $7,952.00 • Request for Payment - Tower Asphalt - Autumn Ridge Phase III - $82,982.03. •Payment of Bills and Approval of Investments Councilmember Schaaf requested removal of the May 28, 1996 Minutes for discussion. Councilmember Schaaf, seconded by Kern, moved to approve the Consent Agenda with the exception of the Item 3A: May 28, 1996 City Council Minutes. Mayor O'Neal seconded by Swenson, moved to strike the following sentence on Page 4 of the May 28, 1996 City Council Minutes, "Mayor O'Neal stated she is in favor of setting Council compensation at $4,200 and Mayor compensation at $5,600." Carried 5 -0. Unfinished Business Brown's Creek Joint Powers Agreement Proposed Amendments - City Attorney Vierling stated that he reviewed the Brown's Creek Joint Powers Agreement (JPA) proposed amendments as requested by the City Council. Vierling described the differences between the organization's authority now and what is proposed under the JPA. • Page 5 - Minutes 06/10/96 Councilmember Schaaf, seconded by Swenson, moved to adopt a resolution to dissolve the Brown's Creek Water Management Organization. Carried 5 -0. A letter will be sent to the Browns Creek Water Management Organization suggesting they dissolve. Joint Powers Amendment - Councilmember Schaaf, seconded by Kern, moved to table discussion of this issue until the next meeting scheduled Monday, June 24, 1996. Carried 5 -0. Vacation of Stormwater Drainage and Utility Easements in Lots 1 -8 of Block 1 of Valley View Second Addition - City Attorney Vierling stated that the current easements in Valley View Second Addition must be vacated as a result of the Council's approval of the new plat requested by Jack Krongard. Vierling requested that Council, based on Krongard's past application and at his expense, schedule a Public Hearing for the vacation of storm water drainage and utility easements in Lots 1 -8 of Block 1, Valley View Second Addition so a new plat can be drawn for that property. Councilmember Schaaf, seconded by Swenson, moved to schedule a Public Hearing on Monday, June 24, 1996 at 7:30 p.m. for the vacation of drainage and utility easements for Lots 1 -8 of Block 1 of Valley View Second Addition. Carried 5 -0. • Highway 36 Reconstruction Utility Relocation - Administrator Robertson stated that MNDOT would like to meet with City staff to discuss their objections to the City Engineer's utility relocation design. City Engineer Anderlik recommended strongly that the follow his design. Councilmember Schaaf and Mayor O'Neal indicated their desire to be present at the meeting. Councilmember Schaaf, seconded by Kern, moved to request MNDOT be present at the City Council meeting scheduled at 6:30 p.m. on Monday, June 24, 1996 to discuss their concerns. Carried 5 -0. Public Hearings: Public Hearing - Request for Variance - Reduction of Side Yard Setback From 10 Feet to 3 Feet - Dale Young - 5420 Ojibway Street - Mayor O'Neal opened the Public Hearing at 7:50 p.m. Dale Young was present to discuss the proposed variance. Young stated that he would like the variance to add a third garage stall so that he could store his boat in a locked garage rather than under his deck. Chuck Oswald, 14221 Upper 54th Street North, stated that he would prefer the variance be limited to 5 feet from his property line. Young said that he thought he could live with that. Hearing no further comment, Councilmember Kern, seconded by Schaaf, moved to close the Public Hearing at 7:56 p.m. Carried 5 -0. Councilmember Swenson, seconded by Robert, moved to grant the variance due to safety issues, but limiting the setback to no 410 less than 5 feet from the property line. Carried 5 -0. Page 6 - Minutes 06/10/96 • Public Hearing - Reduction of Front Yard Setback From 30 Feet to 26 Feet - Robert and Pearl Torgerson, 15242 64th Street - Mayor O'Neal opened the public hearing at 7:58 p.m. Mr. Torgerson, Robert and Pearl's son, was present to discuss the proposed variance. Torgerson said their request would allow for an addition onto the porch, and that the homes on either side had similar setbacks from the street. Hearing no further comments, Councilmember Kern, seconded by Schaaf, moved to close the Public Hearing at 8:00 p.m. Carried 5 -0. Councilmember Swenson, seconded by Kern, moved to approve the variance granting a front yard setback of 26 feet due to safety concerns because of the narrow street. Carried 5 -0. Public Hearing - Proposed Establishment of Development District No. 1 and Housing Tax Increment Financing District No. 1 - Anchobaypro, Inc. - Mayor O'Neal opened the Public Hearing at 8:01 p.m. Tim Nolde of Anchobaypro, Inc. was present to answer questions. Mr. Nolde reported that a recent environmental study recently completed by an independent firm found no pollution on his proposed site. Councilmember Robert asked whether Anchobaypro would abandon the project if contaminates were found at the proposed site. Nolde stated that they would not abandon the project if they could • clean up the site. Councilmember Robert questioned whether the Washington County HRA intended to purchase the property from Anchobaypro. Nolde stated that, per State law, if they received tax credits Anchobaypro could not sell the property for 15 years. Councilmember Robert said that Oak Park Heights has a current ratio of 56 percent owner occupied housing and 44 percent renter occupied housing, and that this was a more than adequate levels of rental housing. Mayor O'Neal stated that the project should be judged on its compliance with city guidelines and staff recommendations rather than making a distinction between renters and homeowners. Mayor O'Neal stated that the Comprehensive Plan identifies the proposed use as an acceptable for the area. John Kern, 5469 North Stillwater Boulevard, questioned what this development would do to the City's ratio of rental versus owner occupied housing. Councilmember Schaaf stated that he is opposed to the project because of the area where it is located and would prefer the project be located south of 58th. Councilmember Schaaf stated that he believes the area should be used for commercial purposes. After considerable discussion of land use issues, Councilmember Swenson, seconded by Kern, moved to close the Public Hearing at • 9:10 p.m. Carried 5 -0. Page 7 - Minutes 06/10/96 411 Councilmember Swenson, seconded by Kern, moved to adopt the Resolution Approving the Establishment of Development District 1 and the Adoption of the Development Program Relating Thereto, and the Establishment of Housing Tax Increment Financing District No. 1 and the Tax Increment Financing Plan. Carried 3 -2. Councilmember Schaaf asked Nolde about a letter sent from City Planner Richards stating that the April 24th, 1996 application for planned unit development was not longer valid and should be resubmitted due to lack of all required information. Nolde stated that he has no problem with re- applying. New Business: Reconsideration of the Motion to Table the Mountain Bike Trail Proposal - Councilmember Schaaf, seconded by Swenson, moved to take from the table the proposed mountain bike trail. Carried 5- 0. Councilmember Robert, seconded by Schaaf, moved to approve the development of the mountain bike trail with funds coming from the Park Development Capital Improvement Fund, or if those funds are not adequate, then the funds should come from the Unallocated Surplus Fund account. Carried 5 -0. Mayor O'Neal praised Councilmember Robert for reviewing the budget during the break and determining a source of funding for the proposed mountain bike trail. Reconsideration of Motion Approving City Council Compensation - Councilmember Robert, seconded by Schaaf, moved to reconsider the motion to establish City Council compensation at $4,500 for Mayor and $4,000 for Councilmembers. Motion failed 2 -2. Councilmember Kern and Mayor O'Neal opposed. Councilmember Swenson abstaining. Street Sweeping in New Developments - Councilmember Kern stated that the streets are very dirty in the new developments and asked whether the streets could be swept on a weekly basis. Robertson noted that he has contacted both developers regarding cleanup of the streets. Robertson stated that the project would not be finalized until the storm sewer system is jetted out and the streets cleaned at the expenses of the developers. Proposed Memorandum of Understanding - Curbside Recycling Grant - Councilmember Robert, seconded by Kern, moved to adopt the resolution regarding the Curbside Recycling Grant Distribution for 1996. Carried 5 -0. Krueger Lane - Councilmember Schaaf asked City Engineer Anderlik whether Krueger Lane would be completed this year. Anderlik stated that Krueger Lane would be completed this year and that plans and specifications are in the process of being prepared and will be presented the Council. Page 8 - Minutes 06/10/96 . Proposed Fire Substation - Administrator Robertson distributed a list of 16 people who have contacted Councilmember Swenson regarding interest in becoming fire fighters. Council directed City Administrator Robertson send all interested candidates a city job application. Council also reviewed a financial breakdown from the City Auditor of a $2,000,000 bond issue and the tax impact it would have on property owners. After examining the numbers, Councilmember Swenson recommended that the council focus on purchasing a high speed pumper at the cost of $275,000, and training and outfitting five people to respond to Oak Park Heights fires. Council will discuss this issue with Bayport City Council at the June 25th Strategic Planning meeting. Robertson was directed to have the City Auditor prepare a breakdown of the affect on property owners of a $2,000,000 referendum on the fire substation. Music by the Waterfront - Mayor O'Neal reported that the City of Stillwater Chamber of Commerce is requested a donation to support the Music by the Waterfront program. No action was taken. Set Public Hearing to Change the City Council Meeting to the Second and Fourth Tuesday of the Month - Councilmember Swenson reported scheduling conflicts between City Council meetings and his training and duties as a Bayport fire fighter and requested that the Council consider meeting on an alternate day. Councilmember Schaaf, seconded by Swenson, moved to set a Public Hearing on June 24th, 1996 at 7:00 p.m. to amend the ordinance setting City Council to change the meetings to the 2nd and 4th Tuesdays of the month. Carried 5 -0. 60th Street Extension - City Attorney Vierling noted that the property owners are now interested in moving forward with the 60th Street extension this year if possible. Councilmember Schaaf, seconded by Swenson, moved to direct staff to negotiate with MNDOT for construction of the 60th Street extension up to June 21, 1996. Carried 5 -0. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn at 11:03 p.m. Respectfully submitted, Michael Robertson City Administrator CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, MONDAY, JUNE 3, 1996 Call to Order: The workshop was called to order at 7:05 p.m. by Mayor O'Neal. Present: Councilmembers Robert and Schaaf. Absent: Councilmembers Kern and Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Planner Richards. Zoning Ordinance Update Review - City Planner Richards reviewed the Zoning Ordinance Update with Council. The areas of Title & Applications, Rules & Regulations, Amendments & Conditional Use Permits, and Variances & Appeals were reviewed. The following items were discussed in detail. Minor Variances - Richards noted that the Minor Variance procedure had been added due to Council concerns that the regular variance procedure took to long and was too complicated for minor neighborhood variances. After considerable discussion of this issue Council was in consensus that there was no such thing as a minor variance. Richards was directed to remove the section from the Zoning update. Council directed Robertson to continue to charge a reduced fee to those variances which do not require a staff report from the City Planner. Variance - Richards noted that the update changed the required vote to approve a variance from a super majority, or a 4 -1 vote, to a simple majority, or 3 -2 vote. After discussion of this issue Council was in consensus this change met with their approval. City Application Form - Council was in consensus to add a line to the application form where staff could indicate whether or not the application was complete and the date it was complete. Robertson noted that he intended to change the entire application form once the Zoning Ordinance Update was completed to reflect all the changes. Vierling recommended that the Council require that the address list the applicants have to provide be generated by the County or by a professional abstract company. He said that applicants who generate their own lists can miss listing properties that don't have houses on them and could list the resident or address of a house and not the owner, who might live elsewhere. There was considerable discussion of this issue. Council was in consensus to accept Vierling's recommendation. Definitions - Council discussed several of the definitions. Day Care /Group Home Facilities - Vierling noted that City Councils under State law have little or no regulatory authority over these land uses. Page 2 - Minutes 0-1-/-2.-9.I - 9-6- Voting Procedures - There was considerable discussion of voting procedures in the light of the recent State law placing time limits on Council decision - making for certain applications. Adjournment: Mayor O'Neal adjourned the workshop at 9:20 p.m. Respectfully submitted, 0- Michael Robertson City Administrator 411 O AK P ARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, MAY 28, 1996 Call to Order: The meeting was called to order at 7:25 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: Deputy Clerk /Finance Director Judy Holst and City Attorney Vierling. Krueger Tree Farm - Mayor O'Neal reviewed a letter she will be submitting to local papers addressing issues raised by area residents regarding the grading of the Krueger Tree Farm. Visitor Comments: There were no visitor comments. Department Reports: Police - Chief Swanson stated that Phase I of the Safe & Sober Program was conducted on Sunday, May 26, 1996. Chief Swanson reported that the operation was considered successful, that between 80 and 100 citations were issued for open alcohol containers and /or drinking by persons under age 21. The operation was conducted between 12:00 p.m. and 7:00 p.m. School Liaison Police Officer - Chief Swanson noted that there has been a significant increase in problems at Stillwater Senior . High and requested authorization for a full time School Liaison Police Officer. This position would include a 5% increase in pay. Chief Swanson stated that he would eliminate a 12:00 p.m. to 8:00 p.m patrol shift to accommodate the transfer of hours to the School Liaison Police Officer position. Chief Swanson anticipates the officer spending approximately four hours per day at the school. Councilmember Swenson, seconded by Kern, moved to authorize the posting and hiring of a School Liaison Police Officer. Carried 5 -0. Parks - Councilmember Robert reported that two Oak Park Height's youngsters are working to complete their Eagle Scout award and are interested in completing a project in the park. Commendation for Judy Holst - Mayor O'Neal commended Deputy Clerk /Finance Director Holst for her management of the office while City Administrator Robertson has been on vacation. Workshop on Garbage Removal - Mayor O'Neal reported on a workshop held to address issues regarding garbage pickup and recycling. Mayor O'Neal reported a good turnout for the workshop and good participation by all in attendance. • Page 2 - Minutes 05/28/96 • Reduced Rates for Garbage Disposal - Jeff Glewwe, General Manager of Junker Sanitation presented the Council with a proposal to lower garbage rates for the residential consumer. Mr. Glewwe stated that the tipping fee has decreased from $50.00 to $38.00, which they would like to pass on to the consumer. The new rates would be effective June 1, 1996. The new rates are proposed at: Seniors - Flat Rate of $13.50 38 Gallon Container - $13.95 64 Gallon Container - $16.95 96 Gallon Container - $18.45 Mayor O'Neal expressed the Council's appreciation to Mr. Glewwe for his proposal. Councilmember Swenson, seconded by Kern, moved to approve the new rate schedule as presented by Mr. Glewwe. Carried 5 -0. Deputy Clerk /Finance Director Holst noted that the City subsidizes the garbage removal fees and asked whether the Council would like to change the rate of the subsidy the City provides to each residential utility consumer. Councilmember Robert, seconded by Swenson, moved to extend the entire rate decrease to the residential consumer. Carried 5 -0. • Garbage Task Force Appointee - Councilmember Schaaf, seconded by Kern, moved to appoint Councilmember Swenson to the Garbage Task Force. Carried 5 -0. Water Management Organizations - Councilmember Schaaf reported that the Brown's Creek Water Management Organization passed the amendments to the Joint Powers Agreement which increases its authority. Schaaf said that five to six of the seven communities in the organization have agreed to dissolve the Water Management Organization if Grant Township does not agree to participate in the Joint Powers Agreement. Schaaf stated that he will try to attend the next Grant Township Board meeting scheduled Tuesday, June 4, 1996. Proposed Amendments to the Brown's Creek Watershed Management Organization Joint Powers Agreement - Councilmember Schaaf, seconded by Kern, moved to table the issue until Attorney Vierling can review the document and make recommendations to the City. Carried 5 -0. Strategic Planning Committee - Mayor O'Neal reported that the next Strategic Planning Committee with Bayport will be held on Thursday, June 6, 1996 at 7:00 p.m. at the Bayport Library. • Page 3 - Minutes 05/28/96 S Oak Park Height B usiness Group - C ouncilmember S aaf ported that the Stillw Chamber of Comm w be sen ding a letter to businesses in Oak Park Heights i the n futur Coun cil directed Schaa t o communicate with the C the Council's desire that th be done as soon as poss Party in the P - Mayor O'Neal r eques t e d that an y comments regarding the Par ty in the Park inf be dire cted to Councilmember Rob ert or herself. Consent Agenda • Approve Minu - May 13, 1996 • Resolution 9 -0 5 -13 - A Resoluti Re tha ch all Property Taxes, Speci Assessments, Pena I nterest and the Municipal Ut Fees due on a P arcel are P in Full Before the City will Accept Applications for Permits or Approvals for Land Use Issues. • Equipment and Use Policy • Order Engineer to Prepare Plans and Specifications for Construction of Krueger Lane and Plan B Improvements Pursuant to Bracket' Development Agreement Councilmember Schaaf requested removal of Equipment Policy and Use Agreement from the Consent Agenda for discussion. Mr. McGovern, representative for Bob Bracket', requested removal of the Consent Agenda Item Order Engineer to Prepare Plans and Specifications for Construction of Krueger Lane and Plan B Improvements Pursuant to Brackey Development Agreement for discussion. Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda with the removal of Item 43 Equipment Policy and Use Agreement and Item #4 Order Engineer to Prepare Plans and Specifications for Construction of Krueger Lane and Plan B Improvements Pursuant to Brackey Development Agreement. Carried 5 -0. Equipment & Use Policy - Councilmember Schaaf questioned Section 4 of the Agreement which restricted the use of the fax machine to the Councilmember. Councilmember Schaaf stated that he already has a facsimile machine and that he does not want to install another line for the City's facsimile machine. Councilmember Schaaf requested that he be allowed to maintain his facsimile machine and the City reimburse him on a per page basis for City transmitted data. Council asked Schaaf to determine the cost per page and present a proposal to the Council. • Councilmember Swenson, seconded by Kern, moved to approve the Equipment Policy and Use Agreement. Carried 5 -0. Page 4 - Minutes 05/28/96 Krueger Lane Improvement - Mr. McGovern, representative for Bob Brackey, was present to address concerns regarding the construction of Krueger Lane and related improvements pursuant to Brackey Development Agreement. Mr. McGovern expressed concern because he thought the improvements would cost more due to the time of the year in which the bids will be awarded. Mr. McGovern requested that the Council reconsider the proposed improvements this year or if they will not delay the project, then let a representative for Bob Brackey be present at the discussion of approving of the bid. Mayor O'Neal noted that they have the right to have input when the bid is awarded. Councilmember Schaaf, seconded by Swenson, moved to Order the City Engineer to Prepare Plans and Specifications for Construction of Krueger Lane and Plan B Improvements Pursuant to the Brackey Development Agreement. Carried 5 -0. Unfinished Business Computer Cost Update - Councilmember Robert recommended that the Council not move forward with the proposed remote communications package proposal submitted by Tautges, Redpath & Co. Ltd. Deputy Clerk /Finance Director Holst also recommended that the Council not move forward. • Council Compensation - Councilmember Swenson, seconded by Schaaf, moved to increase Council compensation to $6,000 per year and Mayor compensation to $7,200 per year so as to be equal with the City of Stillwater. Councilmembers Robert, Kern, and Mayor O'Neal opposed. Motion failed 2 -3. Councilmember Kern proposed a $25.00 raise with a $25.00 per diem per meeting established. Councilmember Robert stated her opposition to setting a per diem per meeting fee. Councilmember Robert stated she is in favor of setting Council compensation of $4,000 per year and Mayor compensation at $4,500 per year. Councilmember Robert, seconded by Swenson, moved to establish Mayor compensation of $4,500 and Council compensation of $4,000 per year. Mayor O'Neal and Councilmember Kern opposed. Carried 3 -2. • Page 5 - Minutes 05/28/96 • Recycling Awards - Deputy Clerk /Finance Director Holst reported that Bayport issues a $25.00 award monthly to a resident who participates in recycling. Councilmember Robert questioned which fund would cover the expense of the recycling awards. Holst suggested that the funds come from the Recycling Grant which is $15,000 per year. Council was in agreement to start recycling awards for residential users only. Every two weeks a resident will be selected randomly, City staff will go to the residence to see if they are in recycling, and a $25.00 cash prize will be awarded if the resident is participating in recycling. Councilmember Swenson, seconded by Kern, moved to establish a $25.00 award to residents participating in recycling, with awards given twice a month. Carried 5 -0. Set a Public Hearing - Youth Tobacco Access Ordinances and Set a Public Hearing - Administrative Procedure for Fines - Councilmember Robert, seconded by Schaaf, moved to Set a Public Hearing - Youth Tobacco Access Ordinance on Monday, June 24, 1996 at 7:30 p.m. and Set a Public Hearing - Administrative Procedure for Fines on Monday, June 24, 1996 at 7:30 p.m. Carried 5 -0. New Business Washington County Comprehensive Plan - Mayor O'Neal noted that • comments regarding the Washington County Comprehensive Plan are due by July 22, 1996. Mayor O'Neal requested that this item be discussed at the first City Council meeting in July. City Staff Membership in BPW - Mayor O'Neal reported that a City staff member is interested in membership to the Business Professional Women Organization for personal and professional growth. Staff member requests that the City be responsible for the initial membership fee of $56 and for a yearly membership fee of $55 thereafter. Councilmember Kern, seconded by Swenson, moved to approve paying for membership fee to the BPW. Carried 4 -1. Councilmember Schaaf opposed. Correspondence Protected Waters Permit - Mayor O'Neal noted a Protected Waters Permit received from the Minnesota DNR. City Engineer sent a note that no comment was needed regarding this issue. Minnesota Association of Small Cities - Mayor O'Neal noted an invitation to join the Minnesota Association of Small Cities. No action was taken. 411 Page 6 - Minutes 05/28/96 Allied Blacktop - Mayor O'Neal noted a letter received by Allied Blacktop Company stating that they will honor the County's bid prices if the City is in need of any asphalt maintenance and elects to tag along with the County program. Councilmember Robert noted some areas that need repair. Council requested Roger Benson prepare a memo with his concerns regarding utilizing the Washington County Sealcoat Street Patching Program. Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn at 9:45 p.m. Respectfully submitted, (;44-( �u Deputy Clerk /Finance Director Judy Holst • • OAK PARK HEIGHTS CITY WORKSHOP MINUTES COUNCIL MINUTES, MONDAY, MAY 13, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Councilmember Kern. Present: Councilmembers Robert, Schaaf, and Swenson. Mayor O'Neal arrived at 6:35 p.m. Staff Present: City Administrator Robertson and City Attorney Vierling. City Engineer Anderlik arrived at 6:50 p.m. Visitor Comments: There were no visitor comments. Department Reports: Peace Office Memorial Week - Chief Swanson stated the week of May 13th to May 18th is Peace Officer Memorial Week. A Peace Officer Memorial service will be held on Wednesday, May 15th at 12:00 p.m. Chief Swanson said all local officials are invited to attend the memorial service. Councilmember Swenson, seconded by Kern, moved to approve a donation of $50.00 by the City to the Peace Officer Memorial. Carried 5 -0. Police Training - Chief Swanson stated Lakewood Community College is developing a continuing education program for peace officers. This training is mandated by the state. The classes are estimated to cost $250.00 per year for each officer. • Police Department Security - Chief Swanson noted a problem with security within the Police Department at City Hall. Swanson reported that unauthorized people have access to the Police Department area. Swanson reported that door locks are being changed as part of the ADA improvements which should help with securing the Police Department area. Spring Cleanup Project - Chief Swanson reported that the spring cleanup is underway. Swanson stated that residents have been cited for failure to comply with local ordinances. Councilmember Swenson stated he would like to see stricter enforcement of the ordinance. City Attorney Vierling stated that the Building, Health and Safety ordinance prohibits City Staff from trespassing on personal property except for cases of substandard housing or noxious weeds. Swanson stated that his department has cited various residents, but when the residents appear in court a minimal fine, usually $25.00, is imposed. Council is interested in obtaining information on how other cities address this problem. Robertson was directed to contact other communities in Washington County to discuss this. Park Attendants - Councilmember Robert presented a list of candidates for Park Attendant recommended by Jeff Kellogg. Councilmember Robert, seconded by Kern, moved to authorize the • hiring of Park Attendants with alternates as recommended by Jeff Kellogg. Carried 5 -0. • Page 2 - Minutes 05/13/96 Mountain Bike Trail - Councilmember Robert reported that she met with a representative from the Mountain Bike Association to review an area that the Parks Commission is proposing to develop a beginner's mountain bike trail. Councilmember Robert reported that the Mountain Bike Representative is investigating the cost of hiring a consultant to develop a safe trail. City Engineer Anderlik arrived at 6:50 p.m. Party in the Park Mayor O'Neal reported that the City's annual Party in the Park will be held on Saturday, August 10th, 1996, in Valley View Park, 1:00 p.m. to 3:00 p.m. Proposed activities will include trolley rides to and from the park from 12:30 p.m. to 3:30 p.m., displays of City services, and artists and performers from the Oak Park Heights area. Mayor O'Neal requested that the Council review the information and make recommendations. Mayor O'Neal reported that Councilmember Swenson will be coordinating the food stand. Councilmember Swenson, seconded by Kern, moved to set a budget for the Party in the Park of $5,000. Carried 5 -0. Valley View Park Cleanup - City Administrator Robertson reported the Les Plouen, the co- ordinator of the County Sentence -to -Serve project, will have a crew available to clean up Valley View Park on Tuesday, May 28. Robertson stated that they will be removing the barb wire and cleaning up the old dump. Councilmember Robert will work with Roger Benson on further cleanup recommendations. Permit Fees - Councilmember Swenson asked why fees for Variances and Conditional Use Permits vary. Robertson stated that per Council request there is a reduction in the fee for permits considered to be minor in nature. He said that the rule of thumb he used was if the City Planner was not involved he usually considered it a minor permit. Rainbow Foods - Mayor O'Neal reported that a Rainbow Foods will be locating in Oak Park Heights in 1997. Cable - Jack Doerr, Chairman of the Central St. Croix Valley Joint Cable Communications Commission presented the Council with a check in the amount of $2,250.09 as repayment of a loan from the City to the Cable Commission. City Hall Improvements - Councilmember Swenson stated that the City can purchase indoor trees from Rose Floral. Council directed Swenson to purchase trees from Rose Floral for decoration. ti Page 3 - Minutes 05/13/96 Restaurant Health Inspections - Mayor O'Neal directed City staff to request restaurant inspections reports from the County Public Health Department for the restaurants in Oak Park Heights. Historic Photos For Display at City Hall - Administrator Robertson reported that he received a photo of the Sunnyside area before Sunnyside Condominiums were constructed from Ted Raduenz. Mayor O'Neal said that the City was looking for historic photos of the community to display at City Hall. Water Management Organization - Administrator Robertson reported on a letter received by the City of Hugo stating that they believe the existing Brown's Creek Water Management Organization ( BCWMO) is no longer effective. Hugo indicated that they are in favor of enhancing the powers of the BCWMO or eliminating the organization all together and forming a Watershed District. Councilmember Schaaf, Seconded by Kern, moved to go on record favoring the dissolution of the BCWMO and the formation of a Watershed District in its place. Long Lake Advisory Committee - Mayor O'Neal reported on a letter received from David Fabio and Edward Gordon, representatives from the Friends of Long Lake Homeowners Association, Inc. They have asked the City of Stillwater to form a Long Lake Study Advisory Committee composed of representatives from Oak Park Heights, Baytown, Lake Elmo, Grant Township, Stillwater Township, and the Long Lake Homeowners Association. Mayor O'Neal expressed interest in serving as a representative to the Long Lake Study Advisory Committee if it was created. Councilmember Schaaf, seconded by Kern, moved to appoint Mayor O'Neal as representative to the Study Advisory Committee. Carried 5 -0. City Staff was instructed to send a letter to Mr. Fabio stating Mayor O'Neal's appointment to the committee. Strategic Planning Committee - The next Strategic Planning Committee meeting with Bayport will be held on Thursday, June 6, 1996 at 7:00 p.m. at the Bayport Library. Oak Park Heights Business Group - Administrator Robertson reported that a letter will be distributed to businesses in Oak Park Heights after the Stillwater Art Fair is completed. • Page 4 - Minutes 05/13/96 Consent Agenda • Approve Minutes - April 22, 1996 • Approve Board of Review Minutes - April 22, 1996 • Central St. Croix Valley Cable Minutes • Set Public Hearing, June 10, 1996 - Request for Variance from Side Yard Setback - Dale Young, 5420 Ojibway Street North • Set Public Hearing, June 10, 1996 - Request for Variance from Front Setback - Robert and Pearl Torgeson, 15225 64th Street. • Request for Payment - ADA Improvements - Nordling Construction - $21,156.60 • Payment of Bills Councilmember Robert requested removal of the two Set Public Hearing Consent Agenda items for discussion. Councilmember Kern, seconded by Swenson, moved to approve the Consent Agenda with the exception of Set Public Hearing, June 10, 1996, Request for Variance from Side Yard Setback - Dale Young, 5420 Ojibway Street North and Set Public Hearing, June 10, 1996, Request for Variance From Front Yard Setback - Robert and Pearl Torgeson, 15225 64th Street. Carried 5 -0. • Councilmember Robert expressed concern regarding setting public hearing dates when information is not complete. After discussion, Council directed City Staff to: 1) accept applications only if the fee has been paid, 2) applications must be completed to the best of the applicant's ability, and 3) City Staff must indicate the appropriate ordinance or resolution governing the proposed request. Councilmember Robert, seconded by Kern, moved to Set a Public Hearing Date of June 10, 1996, for Request for Variance From Side Yard Setback - Dale Young, 5420 Ojibway Street North; and for Request for Variance From Front Yard Setback - Robert and Pearl Torgeson, 15225 64th Street. Carried 5 -0. Tobacco Check Results - Mayor O'Neal introduced Suzanne Stensovelo, Washington County Public Health Department, State Representative Mark Holsten, and Police Officer Joe Croft. Officer Croft presented the results from the City's recent tobacco check. Croft stated that the tobacco check did not include liquor stores or bars. Croft reported that 60% of the establishments checked sold tobacco to an underage person. Clerks and store managers were notified of failure to comply with the tobacco ordinance and were given a verbal warning. Croft reported that they will have another tobacco check in the future and fines will be assessed at that time if they again sell to an underage person. • • Page 5 - Minutes 05/13/96 Suzanne Stensovelo presented statistics for underage tobacco use. Stensovelo reported that there has been a great increase in smoking by underage youth. Stensovelo stated that a crucial element to prevention is access to tobacco. Stensovelo presented a model ordinance put forth by the League of Minnesota Cities which would strengthen the City's enforcement of underage tobacco use and urged its adoption. Mayor O'Neal and Councilmember Robert stated that they are in favor of moving forward with an ordinance regulating tobacco sales. Representative Mark Holsten was present to discuss youth tobacco access legislation that was considered during the recent legislative session. Representative Holsten stated that only 1 /10th of the governing bodies have tobacco regulating ordinances. Mayor O'Neal thanked Officer Croft, Ms. Stensovelo, and Representative Holsten for their presentations. Mayor O'Neal stated that she would be interested in obtaining input from business owners regarding a proposed tobacco regulating ordinance. • Councilmember Schaaf, seconded by Swenson, moved to set a Council Workshop date of Wednesday, May 22 at 6:00 p.m. at City Hall to discuss proposed tobacco regulation. Carried 5 -0. Unfinished Business Computer Presentation - John Redpath and Dale Deters were present from Tautges, Redpath, Inc. to address questions from the Council on the proposed computer system. There was considerable discussion of whether the proposed system would fit the needs of the Council. Council reached agreement that its needs could be met cheaper by fax machines rather than by a computer system. Councilmember Swenson, seconded by Schaaf, moved to direct city staff to research the costs of purchasing Fax machines for the Councilmembers. Carried 5 -0. Council Compensation - Councilmember Schaaf, seconded by Swenson, moved to table discussion on this item until next meeting, Tuesday, May 28, 1996. Carried 5 -0. City Attorney Letter Regarding Deadlines for Agency Actions - There was considerable discussion of this issue. No action was taken. • 41 1 Page 6 - Minutes 05/13/96 Public Hearings Casey and Michelle Kelly - Request for Variance - Construction of an Additional Outbuilding - 14954 North 60th Street - Mayor O'Neal reconvened a continuance of the April 22nd, 1996 Public hearing at 8:15 p.m. Mr. Kelly apologized for not being present at the last Public Hearing. Mr. Kelley answered questions regarding the proposed variance. Hearing no further comments, Councilmember Swenson, seconded by Kern, moved to close the Public Hearing at 8:29 p.m. Carried 5 -0. Councilmember Robert, seconded by Swenson, moved to approve the variance on the grounds of the constraints created by the lot topography and location of power lines. Carried 5 -0. Robert and Lydia Wood - Request for Variance - Construction of an Additional Outbuilding - 15075 65th Street - Mayor O'Neal opened the Public Hearing at 8:30 p.m. Mike Wood was present to discuss the proposed variance. Wood stated that he would like a variance due to the size of the parcel and the manner in which the building will be designed and maintained. Hearing no further comments, Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 8:32 p.m. Carried 5 -0. • Councilmember Swenson, seconded by Schaaf, moved to approve the Request for Variance on hardship due to the size of the parcel and manner in which the building will be designed and maintained. Carried 5 -0. Proposed Parking Ordinance Change - Parking of Company Vehicles Overnights on Company Parking Lots - Mayor O'Neal opened the Public Hearing at 8:33 p.m. Discussion followed. Hearing no further comments, Councilmember Schaaf, seconded by Swenson, moved to close the Public Hearing at 8:39 p.m. Carried 5 -0. Councilmember Swenson, seconded by Schaaf, moved to adopt an ordinance amending Section 1116.02 of the Code of Ordinances of the City of Oak Park Heights. This ordinance allows the designation by the Chief of Police of management parking which shall be exempt from the provisions prohibiting parking in excess of 24 hours within commercial parking lots. Carried 5 -0. New Business Recycling Awards - Councilmember Kern, seconded by Swenson, moved to table discussion until the next meeting scheduled Tuesday, May 28, 1996. Carried 5 -0. 411 Page 7 - Minutes 05/13/96 Menards - Request for Extension of Conditional Use Permit - Councilmember Robert, seconded by Schaaf, moved to extend Menard's Conditional Use Permit for one year until May 13, 1997. The same terms and conditions will apply as on their current permit. Carried 5 -0. Zoning Ordinance and Compensation Plan Review - Establish a Council Workshop - Councilmember Robert, seconded by Kern, moved to establish a Council Workshop to discuss the Zoning Ordinance and Comprehensive Plan Updates on Monday, June 3, 1996 at 7:00 p.m. at City Hall. Carried 5 -0. 1996 Budget - 1st Ouarter Summary - Administrator Robertson presented a summary of the first quarter of the 1996 budget. Shirley Simonson Day - Mayor O'Neal reported that Oak Ridge Apartment resident Shirley Simonson has been selected to carry the Olympic torch on June 2, 1996. Council directed city staff to send a letter of commendation to Ms. Simonson congratulating her on being chosen as an Olympic torch carrier. Councilmember Schaaf, seconded by Swenson, moved to approve June 2, 1996 as Shirley Simonson Day. Carried 5 -0. Correspondence Brackey Addition Storm Sewer - City Engineer Anderlik presented a letter from Robert Brackey stating the he wants the City to install only storm sewer improvements this year. Anderlik stated that the storm sewer can be completed this summer, but it is preferable to complete the entire project this year. Councilmember Schaaf, seconded by Swenson, moved to approve the construction of all the improvements this year, including Krueger Lane. Carried 5 -0. Minnesota DNR Permit Application #96 -6194 Request for Review and Comments - Council requested City Engineer Anderlik to review and give recommendations. Minnesota DNR Permit Application #96 -6165 Request for Review and Comments - Council requested City Engineer Anderlik to review and give recommendations. Utility Relocation - City Engineer Anderlik presented a drawing of the proposed utility relocations scheduled as part of MNDOT's Highway 36 reconstruction. Anderlik reported that MNDOT is still objecting to his proposed design because it would require them to acquire a minor easement from Sunnyside condominiums. Anderlik stated that his design was better for the City than any of the MNDOT proposed alternatives. • Page 8 - Minutes 05/13/96 League of Minnesota Cities Communication Plan - The League of Minnesota Cities Communications Plan for Spring 1996 was distributed. MNDOT Letter - Oakgreen Avenue and Highway 36 Intersection - Administrator Robertson noted receipt of a letter from Bruce Hall from MNDOT stating that MNDOT would paint some new pavement markings at the intersection of Oakgreen Avenue and Highway 36. Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn at 11:15 p.m. Respectfully submitted, Michael Robertson City Administrator • OAK PARK HEIGHTS CITY COUNCIL MEETING MINUTES, MONDAY, APRIL 22, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Deputy Mayor Kern. Present: Councilmembers Robert and Swenson. Mayor O'Neal arrived at 6:40 p.m. Councilmember Schaaf arrived at 6:45 p.m. Staff Present: City Administrator Robertson and City Attorney Vierling. City Planner Richards and City Engineer Anderlik arrived at 6:50 p.m. Visitor Comments: There were no visitor comments. Department Reports: Administrative - Administrator Robertson stated that Mrs. Quaderer would like a special permit to have ponies at her son's birthday party. City Attorney Vierling recommended approval should be done by paper permit, with specifications to include hours, cleanup, and control. Councilmember Swenson, seconded by Robert, moved to grant permission to authorize a special permit that specifies hours of operations, cleanup, etc. Carried 3 -0. Mayor O'Neal arrived at 6:40 p.m. Cable - Councilmember Swenson reported that the Cable Commission will repay a loan of $2,250.09 made by the City. Councilmember Swenson, seconded by Robert, moved that the money be set aside to • make improvements to City Hall. Carried 4 -0. Home Occupation Ordinance Enforcement - Councilmember Robert proposed that City Staff increase enforcement of the home occupation ordinance as part of spring cleanup. Administrator Robertson stated that guidelines for obtaining a home occupation permit were printed in the last newsletter so everyone should be aware of them. Council was in consensus that the Police Department should contact those persons found to be in violation of the home occupation ordinance and work with them to achieve compliance. Failing that, the City would issue them tickets. Councilmember Swenson left at 6:43 p.m. Parks Commission - Councilmember Robert reported that the Garden Committee made the following recommendations: • The name of the garden at Cover Park be called "Mother's Garden ". Mayor O'Neal stated that she was opposed to this because the name is too singular and excludes many groups of people. Mayor O'Neal would prefer a name that is more broad - based. • An annual spring plant sale will be held each year to reimburse the City for the balance of the costs of the garden. • • The Committee will solicit local civic organizations for donations, such as the VFW, Eagles, Lions and the Rotary Club. Page 2 - Minutes 04/22/96 • The Committee will drop the idea of a brick sale to raise money for the garden due to the cost. Councilmember Robert reported that the estimated costs are $6,150 for the wall and $5,600 for the shrubs and mulch, for a total cost of $11,750. She said that all of the perennials included in the project will be donated by members of the Garden Committee and area residents. The value of the perennials is estimated to be $4,000. The Garden Committee is requesting that the City Council authorize up to $12,000 for completion of the project. Councilmember Robert, seconded by Kern, moved to authorize up to $12,000 for installation of the wall and perennial garden at Cover Park. Carried 3 -0. Councilmember Schaaf arrived at 6:45 p.m. Temporary Garden Storage - Robert requested that the Council authorize the Public Works Department to prepare an area behind City Hall for temporary storage of flowers. Council directed Robertson to arrange this. Advantage Minnesota - Administrator Robertson stated that he was contacted by Advantage Minnesota, a private group that is seeking to bring industry to Minnesota. They are interested in establishing an industrial company in the area across from the Bayport Prison on Stagecoach Trail. City Planner Richards stated that some of the land is zoned industrial and some is zoned residential. Robertson stated that Advantage Minnesota is interested in the Council's views on the proposal. Council directed Robertson to contact Advantage Minnesota and ask them to make a proposal. NSP Question - Administrator Robertson reported that NSP is negotiating with a landowner for a piece of property as part of Highway 36 reconstruction that contains a billboard. NSP said that the landowner stated he will be an unwilling seller if he can not relocate the billboard. NSP said that they are willing to provide the landowner with another piece of property along the future frontage road and wanted to know what Council thought of this idea. Council directed Robertson to contact NSP and ask them to bring a proposal to Council. Comprehensive Plan - City Planner Richards stated that staff is close to completing the first phase of the Comprehensive Plan. He will contact Council when it is finished to schedule a workshop to review the first phase. Water Management Organization - Councilmember Schaaf reported that the Browns Creek WMO met and representatives from Grant Township were in attendance. Schaaf noted that there was another motion to disband the organization but it did not pass. Page 3 - Minutes 04/22/96 Strategic Planning Committee - Administrator Robertson presented minutes from the previous Strategic Planning Committee meeting. Robertson and Administrator Hartung of Bayport have been working on a redesign of public works service delivery as directed by the Strategic Planning Committee. Oak Park Heights Business Group - Administrator Robertson reported that he submitted a list of businesses to the Stillwater Chamber of Commerce. Consent Agenda • Approve Council Minutes - April 8, 1996 • Prison Pond Outlet Structure - Payment No. 2 • Resolution 96 -04 -12 - A Resolution Identifying Authorized Signers for 4M Fund Checks Councilmember Kern, seconded by Schaaf, moved to approve the Consent Agenda as presented. Carried 4 -0. Unfinished Business: Approve Street Sweeping Bid - Administrator Robertson presented the street sweeping bids. Each bid includes a breakdown of costs for street sweeping and off -site hauling. Robertson recommended that Council approve a bid for sweeping only with the debris . being hauled to a City specified site. The removal of the debris would be done through a separate bidding process. Councilmember Schaaf, seconded by Robert, moved to approve awarding the contract to St. Croix Sweeping with the low bid of $49.00 per hour. Carried 3 -0. Councilmember Kern abstaining. Tim Nolde, Anchobaypro, Inc. - Proposed Townhouse Rental Development - Review of Site Plan & Set Public Hearing - Proposed Rezoning, Proposed Planned Unit Development, & Proposed Establishment of a Tax Increment Financing District - June 10, 1996 - Mr. Nolde was present to address questions and concerns the Council may have. Administrator Robertson reported that City Planner Richards had reviewed Tim Nolde's site plan. Richards discussed several areas where the site plan needs to be modified to comply with City ordinances. Nolde said that he would revise the site plan to bring it into compliance. Robertson said that discussions will continue between City staff and Nolde regarding his proposed development. Councilmember Kern, seconded by Robert, moved to set a public hearing date of June 10, 1996 at 7:30 p.m. for Anchobaypro, Inc., for the proposed establishment of a Tax Increment Financing District, proposed Rezoning, and proposed Planned Unit Development. Carried 4 -0. • Page 4 - Minutes 04/22/96 Public Hearings: Casey and Michelle Kelly - 14954 North 60th Street - Request for Variance for an Additional Utility Shed - Casey and Michelle Kelly were not present for the public hearing. James Humphrey, 14932 North 60th Street was present and stated he was a neighbor of the Kelly's and has no objection to the variance. Councilmember Robert stated that a utility shed already installed on the property is not in compliance with current ordinances. Robert questioned the size of the proposed shed. Councilmember Kern, seconded by Schaaf, moved to table the Public Hearing until the next meeting scheduled May 13th, 1996 so the Kellys could be present to address these concerns. Carried 4 -0. Council directed Robertson to have copies of the ordinance pertaining to storage sheds and a written recommendation from the Building Inspector on this issue available at the next meeting. Outdoor Recreation Grant Application - City Planner Richards reviewed the Outdoor Recreation Grant Application. Richards stated that the Minnesota State Legislature did not authorize any funding for the program this session. Therefore, the application deadline for the Grant has been changed to March 31, 1997. Richards said the estimated costs for the proposed improvements is $94,000. The City will receive half of the cost of financing the project if the City is awarded the Grant. New Business: Arbor Month Proclamation - Mayor O'Neal read a proclamation declaring April 26, 1996 to be Arbor Day, and the month of May, 1996 to be Arbor Month in the City of Oak Park Heights. Resolution 96 -04 -11 - A Resolution Setting Area Connection Charges for City Utilities - Councilmember Kern, seconded by Schaaf, moved to approve Resolution 96 -04 -11 - A Resolution Setting Area Connection Charges for City Utilities per recommendation of the City Engineer. Carried 4 -0. Approval of Autumn Ridge Phase III Improvement Bids - Councilmember Schaaf, seconded by Kern, moved to approve the Autumn Ridge Phase III Improvement Bid of Tower Asphalt, Inc., with a low bid of $177,984.00. Carried 4 -0. Proposed Mandatory Business Recycling - Mary Sharbono, 14630 North 57th Street, was present to discuss mandatory recycling for businesses. Sharbono reported that businesses generate between 50 -60 percent of the municipal waste. The largest waste material generated by businesses is office paper which is recyclable. Sharbono expressed concern about the amount of waste generated by businesses that is not being recycled. • Page 5 - Minutes 04/22/96 Councilmember Schaaf stated that one of the buildings where he owns a business participates in recycling, but the building owner has to pay extra for participating. Administrator Robertson suggested that this would be an issue that should be presented to the Oak Park Heights Business Group. Mayor O'Neal said that, while she is in favor of business recycling, it would be good to get input from area businesses regarding their concerns. Councilmember Robert expressed concern that mandating recycling may be too burdensome for businesses and residents. Robert stated that Lake Elmo encourages their residents to participate in recycling by providing a cash incentive. Robertson stated that Bayport also provides an incentive for residents to recycle. Robertson was directed to examine these programs and report back to the Council. Council requested that Robertson gather information regarding business recycling from Junker Sanitation. Sharbono will continue to gather more information from other communities regarding their recycling program and report back to the City Council. Mayor O'Neal thanked Sharbono for her interest and hard work. Hazardous Waste Disposal - Mary Sharbono mentioned that some residents find it very inconvenient to drive to Oakdale to dispose of their hazardous waste such as batteries, paint cans, etc. She asked about the possibility of Junker Sanitation picking it up or the City instituting a spring cleanup day for residents to dispose of their hazardous waste. Robertson said he would discuss this with Junker Sanitation. League of Minnesota Cities Conference - Administrator Robertson presented the Council with the agenda for the League of Minnesota Cities 1996 Annual Conference scheduled June 11 -15, 1996 in Rochester, Minnesota. Robertson noted that he and Mayor O'Neal will be presenters at the Small Cities session on Thursday morning. Councilmember Schaaf and Mayor O'Neal indicated that they will attend the Conference. Mayor O'Neal requested that Robertson publish the Conference as a Council meeting. Summer Park Attendants - Administrator Robertson recommended a hiring range of $6.50 to $9.00 per hour for Summer Park Attendants. Robertson said that this is an attempt to attract more experienced applicants. Robertson stated that attendants will add light maintenance duties such as mowing and painting to their regular tasks. City Attorney Vierling stated that Summer Park Attendants could not operate heavy power equipment. Councilmember Schaaf, seconded by Robert, moved to approve a hiring range of $6.50 to $9.00 per hour, depending upon qualifications, for the Summer Park Attendant position. Carried 4 -0. • Page 6 - Minutes 04/22/96 • Intern - Mayor O'Neal introduced Amy Swanson, an unpaid intern who will be performing various duties for the City for the next four weeks. Park Attendant Signs & Uniforms - Councilmember Robert stated that the Parks Commission recommended that a "Park Attendant On Duty" sign be installed at the parks so residents are aware that Park Attendants are present. Council directed Robertson to have "Park Attendant On Duty" signs be installed in all parks. Robertson stated that he will also purchase uniform shirts for the attendants to help residents identify them. Council requested that name tags also be purchased as well. Council Compensation - Administrator Robertson reviewed a list of the Mayor and Council's compensation in similar sized cities in Minnesota compiled from the League of Minnesota Cities Salary survey. The list also included compensation for special meetings. Robertson reported that the average salaries for Mayor in this group fall in a range of $3,300 to $3,600 and the average salary range for Council is $2,700 to $3,000. Robertson said that if the Council wished to establish a per diem for non - council meetings, he recommended a rate of $25 per meeting as the average rate in Minnesota. • City Attorney Vierling recommended that the Council establish which meetings should require a per diem and also recommended establishing those meetings at the first Council meeting of the year. Vierling stated that any salary and /or per diem changes would not be effective until January 1, 1997. Councilmember Kern, seconded by Schaaf, moved to table discussion on this item until the next meeting scheduled Monday, May 13, 1996. Carried 4 -0. Permit to Construct - MNDOT - Frontage Road Between 60th Street and 58th Street - Administrator Robertson reported that he and City Attorney Vierling met with MNDOT to discuss MNDOT's intention to take the current frontage road on the south side of Highway 36 and curve it across the old Kern property until it meets 58th Street across from the High School. Robertson stated that it had been MNDOT's intention to build this road in 1997 as part of the Highway 5 bridge area reconstruction improvement, but MNDOT will work with the City if they desire to do the project this year. Robertson stated that it may be in the City's best interests that this road be constructed in 1996 rather than 1997 and requested authority from the Council to begin discussions with MNDOT on an agreement which could accomplish this. Councilmember Schaaf, seconded by Kern, moved to grant staff the authority to begin negotiating an agreement with MNDOT for 111 Carried of the new frontage road in 1996 rather than 1997. Carried 4 -0. Page 7 - Minutes 04/22/96 • Computer & E -Mail Installation - Administrator Robertson reported that there has been some misunderstanding regarding the capabilities of the new E -Mail system. Councilmember Robert stated that she would like to be able to fax documents from her computer directly to a computer at City Hall. Council requested that Robertson invite Tautges, Redpath to the next Council meeting to answer questions and discuss options for the new computer system. Councilmember Robert, seconded by Kern, moved to approve delaying the E -Mail installation until further discussion of this issue at the next meeting. Carried 4 -0. Utility Relocation at Highway 36 - City Engineer Anderlik reported that MNDOT is looking at three alternatives for relocating City utilities that will be moved as part of the Highway 36 reconstruction. He noted that MNDOT had objected to his proposed design because it would require them to acquire some easement from Sunnyside condominiums. Anderlik stated that his design was better for the City than any of the MNDOT proposed alternatives because it would allow removal of the Baudet lift station. Council requested that Anderlik provide them some information and a design map on this issue at the next meeting. Council also directed Robertson and Anderlik to communicate to MNDOT that they • preferred the design that allowed the lift station to be removed. Newsletter - Administrator Robertson asked that any items the Council would like published in the newsletter be submitted to him by Thursday, April 25, 1996. The newsletter should be going out to residents in the second week of May. Correspondence: NSP Letter on Life of A.S. King Plant - Mayor O'Neal presented a letter from NSP in response to a recent letter to the editor regarding the life of the NSP power plant. NSP states that the King plant is Minnesota's most efficient and cost productive power plant. Mayor O'Neal noted the proposed landfill expansion will increase the ash disposal capability of the plant from 7 years to an estimated 20 years or longer, depending on ash utilization development. Mayor O'Neal said the letter also noted that the plant ranked in the top twenty percent of 800 U.S. Power Plants in high efficiency and low costs in 1993 and 1994. Washington County Public Health Letter - Tornado Awareness Week - Emergency Drills, Thursday, April 25, 1996 - Mayor O'Neal stated that a statewide tornado drill will take place on Thursday, April 25, 1996, at 1:45 p.m. and a second drill will occur at 6:55 p.m. Robertson noted that the City siren will go off at those times as well. Council directed Robertson to announce the siren drills on • the cable access channel. Page 8 - Minutes 04/22/96 411 Adjourn to Closed Session: Councilmember Schaaf, seconded by Kern, moved to adjourn at 9:10 p.m. to closed session to discuss pending litigation. Closed Session: City Attorney Vierling updated Council on pending litigation. Adjournment: Councilmember Kern, seconded by Robert, moved to adjourn. Carried 4 -0. Respectfully submitted, Michael Robertson City Administrator 411 OAK PARK HEIGHTS CITY COUNCIL MEETING MINUTES, MONDAY, APRIL 8, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Schaaf, and Swenson. Councilmember Robert arrived at 7:40 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Planner Richards. City Engineer Anderlik arrived at 7:00 p.m. Visitor Comments: There were no visitor comments. Department Reports: Utilities - Mayor O'Neal requested City Staff contact MNDOT regarding the intersection of Oak Green Avenue and Highway 36. O'Neal reported a near - accident last week because of poor lighting and faded lane striping. Parks Commission - City Planner Richards reported that he had reviewed the City's comprehensive planning process at the March 25th Parks Commission meeting. Richards asked the Parks Commission to contact him if they have any comments. Richards reported that the Parks Commission also discussed the Outdoor Recreation Grant and the Trail Grant. Cable - The next meeting of the Cable Commission will be at 7:30 p.m. on Wednesday, April 17, 1996 at Bayport City Hall. • Administration - Administrator Robertson announced that Bill Luther will be holding a feedback session for citizens on Saturday, April 20th from 4 - 5:00 p.m. at St. Croix Mall. Computer System Installation - Administrator Robertson reported that Tautges, Redpath will be installing the new networked computer system on Saturday, April 13th. The E -mail system will be installed the following week and E -mail links with the City Council's homes will be installed the week after that. Council directed City Attorney Vierling to prepare an agreement that Council must sign governing ownership and use of the equipment. FAX /Modem - Council directed Councilmembers Swenson and Robert to make a recommendation regarding the purchase of FAX /Modems. Water Management Organization - Councilmember Schaaf reported that the Brown's Creek Water Management Organization will meet on April 17 at 7:00 p.m. at Soil & Water Conservation office. • Page 2 - Minutes 04/08/96 • Strategic Planning Committee - Councilmember Schaaf reported on the first Strategic Planning Committee meeting. The purpose of the meeting was to explore the possibility for cost savings through sharing joint services between the cities of Bayport and Oak Park Heights and Baytown Township. The Committee will make recommendations on this issue to the City Councils. Mayor O'Neal noted the next meeting will be Thursday, June 6 at 7:00 p.m. at Bayport Library. Oak Park Heights Business Group - Councilmember Schaaf and Administrator Robertson reported they met with the Stillwater Area Chamber of Commerce to discuss the possibility of organizing an Oak Park Heights business group as part of the Stillwater Area Chamber of Commerce. St. Croix River Bridge Meeting - Mayor O'Neal reported that she and Administrator Robertson attended a MNDOT meeting regarding the new St. Croix River bridge and viewed a computer simulation of how the view would look driving across the bridge. Mayor O'Neal said there were also representatives from the Bridge Coalition, Chamber of Commerce, Sierra Club, and NSP at the meeting. Consent Agenda • Approve Minutes - March 25, 1996 • Set Public Hearing Date - May 13, 1996 - Request for Variance - Robert and Lydia Wood - Construction of an Additional Garage • Set Public Hearing - May 13, 1996 - Ordinance Amendment 96- 1016-01 - An Ordinance Amending the City Parking Ordinance • Set Public Hearing - April 22, 1996 - Outdoor Recreation Grant • Resolution 96 -04 -09 - A Resolution Authorizing Participation in the 4M Money Market Fund • Resolution 94 -04 -10 - A Resolution Authorizing the Initiation of Eminent Domain Proceedings and /or Negotiation and Acquisition of Parkland /Walkway and Bike path Easements Affecting the Allan A. Cannel, Jr. and Geraldine Connel Property Councilmember Schaaf, seconded by Kern, moved to approve the Consent Agenda as presented. Carried 4 -0. League of Minnesota Cities Leadership Seminar - Mayor O'Neal distributed material she received at the Leadership Seminar. Any questions regarding the material can be directed to Administrator Robertson. 411 Page 3 - Minutes 04/08/96 • Unfinished Business: 1995 Audit Presentation - City Auditor David Mol - City Auditor David Mol presented the 1995 audit. Mol reported that the audit consists of three reports, the Annual Financial Report, the Legal Compliance Report, and the Management Report. Mol said that audit reported a clean bill of health and compliance with all necessary laws. Mol also noted the following; The tax collection rate of 99 to 100% is an excellent collection rate. Special Assessments have a 96% collection rate, which is also excellent. The revenue sources within the General Fund are distributed as follows: Property taxes = 70%, State Aids = 6%, All Other revenues = 24%. The Water and Sewer Department recorded a loss of $30,000 in 1995 due to the increase in rates from the Metropolitan Council. The 1996 City increase in water and sewer rates should be sufficient to cover the increase from the Metropolitan Council. Approval of MNDOT Purchase Offer - East 5 Feet of Lots 9, 10, 11, and 12, Block 4, Oak Park - City Attorney Vierling requested striking this item from the agenda because MNDOT had not sent the • requested information. Councilmember Swenson, seconded by Schaaf, moved to strike this item from the agenda. Carried 4 -0. 1996 -98 Police Union Contract - Council deferred discussion of this issue to closed session. Tim Nolde, Anchobaypro, Inc. - Proposed Townhouse Rental Development - Approval of Concept Plan - Tim Nolde presented a plan for nine 8 -unit buildings and four 4 -unit buildings for a total of 88 housing units on a 8.6 acre site currently owned by John Haase. Nolde is requesting Tax Increment Financing (TIF) from the City to help defray the cost of cleanup of the land. Nolde will also by applying for tax credits from the State, and he stated that he needs to complete an application to the program that would require paperwork approvals by June 13, 1996. Robertson stated that he met with Mary Ippel, a TIF specialist with Briggs & Morgan, to discuss the project. Ippel advised the City that this development would qualify for Housing TIF assistance. She said the City can take up to one -third of the tax increment for related public improvements, such as the extension of 58th Street. • Page 4 - Minutes 04/08/96 • Robertson said that Nolde was requesting was general approval of his plan so that he could proceed with his application to the State. City Planner Richards discussed some of his concerns about the proposed site plan, including number of parking spaces and access roads. Nolde said he would revise his site plan to accommodate the concerns. Richards also noted that the proposed use was consistent with the City's Comprehensive Plan. Councilmember Schaaf stated his opposition to the plan because he wanted to re -zone the land for commercial or industrial uses, rather than residential. Councilmember Swenson, seconded by Kern, moved to indicate general approval of the plan, said approval does not constitute a guarantee of approval for site plan, tax increment financing, rezoning, or any other approvals needed in the future. Carried 3 -1, Councilmember Schaaf opposed. Public Hearings: Krongard Construction - Modification of Planned Unit Development - Changing 8 Single Family Lots into 7 Twin Home Lots and Changing an 8 -Plex into a 6 -Plex - Valley View Estates Addition - Mayor O'Neal reconvened the public hearing at 7:40 p.m. Councilmember Robert arrived. Present for the Public Hearing 411 were: Jack Krongard, 19 Point Road, Bayport; Howard Madson, 14865 57th Street North; Bob Ciak, 5654 56th Street Circle North; Gayle Herzog, 5628 56th Street Circle North; Marge Brandl, 14836 56th Street North; Lori Clemings, 14786 56th Street North; Cindy Berger, 5858 56th Street Circle North; and Mary Sharbono, 14630 North 57th Street. Jack Krongard apologized for not being present at the last Public Hearing. Krongard said he was able to review the objections to the plan and has modified his site plan. Krongard stated that he has shortened some of the buildings in length, which means that the grading plan has been changed to be almost identical with the originally approved grading plan, which had been based on detached single family use. Because of this he would have to grade less of the existing hill at the back of the lots, and this would reduce a large amount of the planned tree removal. City Planner Richards stated that the revised site plan is in compliance with City ordinances. He said that the revised grading plan is better because it saves more trees and will provide better drainage. City Engineer Anderlik stated that the grading plan is the same as originally approved and he sees no disadvantage to the plan. • Page 5 - Minutes 04/08/96 Councilmember Robert asked Krongard what the proposed price per unit. Krongard said the base price for the unit will be $139,000, and that recent buyers have added options to put the purchase price in the $150,000 to $160,000 range. Councilmember Schaaf asked Krongard his estimate for the market value of the single family homes he originally proposed. Krongard stated that the single family homes were going to be priced at $110,000 to $120,000. Councilmember Robert asked about a resident's complaint that the twin homes all looked identical. Krongard said that to reduce the amount of land to be graded he had to change to different models than he was currently building and that the home design will vary from lot to lot. Bob Ciak stated his opposition to the plan and said he would like to see single family homes in the area. Ciak said the Council originally approved a plan for only single family homes in the development and asked why the new plan was even under consideration. Mayor O'Neal said that the Council is obligated to listen to a land owner's requests, and must approve or deny the requests based on whether they satisfy the City's ordinances. • Councilmember Robert expressed concern that water could pond on the corner of lot 14. Krongard stated that a drainage swale located near lot 15 would drain the water. Ciak and Gayle Herzog expressed concern about whether the proposed back yards would drain. Krongard said there would be a storm sewer along that back property line that would drain the water. Mary Sharbono stated that she is concerned with the number of trees being cut down. Mayor O'Neal said that the new site plan reduces the number of trees that will need to be eliminated. Cindy Berger asked Krongard if he will build retaining walls. Krongard said the new site plan eliminates the need for any retaining walls. Berger asked whose responsibility it would be to fix things if anything goes wrong. Richards stated that the City would work with Krongard to solve the problem, but that the costs of fixing any problems would be absorbed by the developer. Herzog asked how high the homes will be. Krongard said the twin homes in that location have a tuck -under garage. The twin homes will be a two -story from the front and a rambler from the back. • Page 6 - Minutes 04/08/96 111 Richards stated that with regard to the request to change two 8- plexes into 6- plexes that the revised site plan for the 6- plexes satisfies parking requirements. Richards said that he recommends approval of the project. Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 8:23 p.m. Carried 5 -0. Councilmember Schaaf, seconded by Kern, moved to approve the proposed changes to the Planned Unit Development subject to the conditions and recommendations made by staff. Carried 5 -0. Arcon Development - Request for Final Plat Approval - Autumn Ridge Phase III - Mayor O'Neal opened the public hearing at 8:21 p.m. Rick Packer of Arcon Development was present for the hearing. City Planner Richards said that he recommends approval of the plan with the eight conditions stated in the report. City Engineer Anderlik said that the final plat is in accordance with the approved preliminary plat. City Attorney Vierling stated that the plat was approved by his office and that the developer's agreement has been reviewed by staff and is acceptable. Packer said he had no problems with any of the conditions. Councilmember Schaaf, seconded by Kern, moved to close the public • Hearing at 8:27 p.m. Carried 5 -0. Councilmember Swenson, seconded by Schaaf, moved to approve the final plat subject to the conditions listed on the staff report. Carried 5 -0. Councilmember Swenson requested that Packer install temporary street signs until permanent street signs could be installed. Packer agreed to install temporary signs. New Business: Proposed Change Order No. 1 - ADA Improvements - Decreases Cost $645.00 - Councilmember Schaaf, seconded by Kern, moved to approve the proposed Change Order. Carried 5 -0. Approval of Street Sweeping Bid - Administrator Robertson stated that a notice for sealed bids for street sweeping was placed in the Courier News and mailed to seven businesses who previously expressed a desire to submit a bid for the project. The City received a total of five bids. Robertson reported a bid was received from St. Croix Sweeping which came in two minutes late and by fax rather than in a sealed envelope. Robertson called the City Attorney and he recommended the City reject the bid of St. Croix Sweeping as non - qualified. St. Croix Sweeping's bid • would be the second lowest bid. Page 7 - Minutes 04/08/96 Craig Berggman of St. Croix Sweeping was present and stated that he was unable to submit the bid per the stated guidelines because a snowstorm detained him in another state. Berggman said that he has done the street sweeping for a number of years, that he lives in the community, and he would like his bid to be considered because of the extenuating circumstances. Councilmember Robert asked what caused the large differences in the prices between the five sealed bids. Robertson stated that some of the higher bids were for companies who would provide a dump truck and driver to follow the street sweeper to haul and dump the sweepings and who would dump the sweepings out of town. The lower bids were for companies who require the City to provide a City employee and a City dump truck and would dump the sweepings in town. Councilmember Robert noted that the Park Commission had recommended that the City not dump in Valley View Park anymore but have the sweepings hauled out of the City. Robertson said that Public Works Director Benson prefers the City continue providing the dump truck and employee because they can monitor the sweeping, provide an accurate count of hours, and pick large rocks or other items that the sweeper can't pick up. • Councilmember Swenson, seconded by Schaaf, moved to reject the bids submitted because they did not all provide the requested information and it was impossible to accurately compare them. Carried 4 -0. Councilmember Kern abstaining. Council directed Robertson to publish a new notice requesting bids for street sweeping, said notice to include different prices for use of a City provided dump site as opposed to a contractor provided dump site and use of a City truck as opposed to a contractor provided truck. Recycling at Apartment Buildings - Councilmember Swenson reported that Oak Park Heights apartments would like to switch from individual recycling containers to one large container. Councilmember Robert said she thought this could increase recycling at apartment buildings. Administrator Robertson was directed to contact Junker Sanitation and let them know Council was in favor of this change as long as they could document and measure how much garbage and recycling was collected. Approve Bills and Investments: Councilmember Kern, seconded by Swenson, moved to approve bills and investments. Carried 5 -0. Council requested that Administrator Robertson move this item to the Consent Agenda in the future. Page 8 - Minutes 04/08/96 Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn to closed session at 8:53 p.m. Closed Session: City Attorney Vierling updated Council on pending litigation. Council discussed the proposed Union Contract. Councilmember Kern, seconded by Swenson, moved to adjourn from closed session at 9:35 p.m. Carried 5 -0. Police Union Contract - Mayor O'Neal re- opened the meeting at 9:40 p.m. Councilmember Kern, seconded by Schaaf, moved to adopt the Police Union contract as proposed, excluding the final change requested by the Union. Carried 5 -0. Administrator Robertson was directed to contact the Union negotiator with this information. Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn at 9:41. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator i • • OAK PARK HEIGHTS CITY COUNCIL MINUTES, MONDAY, MARCH 25, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal Present: Councilmembers Kern and Swenson. Councilmember Robert arrived at 6:40 p.m. Councilmember Schaaf arrived at 6:50 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Planner Richards. Visitor Comments: Jeff Glewwe, Ken Gilliam, and Joe Kopp from Junker Sanitation were present at the request of the Council to address issues raised by Council and residents. Councilmember Swenson reported that he has received numerous complaints about recyclables not being picked up. Administrator Robertson stated that garbage pickup has been missed several times in an area of Oak Park Heights north of Highway 36. Glewwe stated he could not address any specific complaint unless he had an address. He said that educational tags are attached to containers not picked up so residents know why their garbage was not picked up. Glewwe said he knew there had been problems due to the change in personnel and that he hoped those problems had been fixed. Doreen Berger, Oak Park Heights Apartments, stated that there 411 have been many times that recycling was not picked up and there were no educational tags attached. Glewwe stated that Junker Sanitation would like to supply larger recycling containers to apartment buildings. He said these containers would allow commingling of the recyclables which should eliminate most of the problems. Larry Bachman of McDonald's reported that he met with Joe Kopp from Junker Sanitation early in February to discuss Junker's proposed rate increase for McDonalds. Junker requested that McDonald's build a bigger corral for a larger container so Junker could reduce the number of garbage pickups each week. Bachman stated that he would have to eliminate one or two parking stalls to increase the size of the garbage corral. Mayor O'Neal stated that there is a minimum number of parking spots required for each business and that City ordinances may prohibit McDonalds from eliminating parking to build a larger corral. Mr. Kopp stated that he will contact Larry Bachman to talk further regarding the proposed rate increase for McDonalds. Mayor O'Neal noted that by the City's contract with Junker Sanitation that if a commercial enterprise and Junker Sanitation cannot come to an agreement on rates, the City Council will make the final decision regarding the rate. Mayor O'Neal thanked the public and the representatives from Junker Sanitation for their time. Page 2 - Minutes 03/25/96 411 Department Reports: Utilities - Administrator Robertson said that it took several times longer than usual to clear the snow after Sunday and Monday's snowstorm. Robertson noted the snow plows started at 2:00 a.m. Monday morning and did not finish until after 5:00 p.m. Garden Committee - Councilmember Robert reported that the Garden Committee is working on a proposal for Brekke Park to present to the City Council. The Garden Committee is proposing that the City move forward on the fieldstone boulder wall this year and that the City pay for the project. The Garden Committee is looking at fund raising options to reimburse the City the following year. Parks Commission - Councilmember Robert reported that Brekke Park will be discussed at the next Parks Commission scheduled April 15, 1996. Cooperation Study Representative - Mayor O'Neal stated that a volunteer is still needed to serve on the Strategic Planning Committee with Bayport. The first meeting of the Strategic Planning Committee will be held Thursday, April 4, 1996 at 7:00 p.m. at Bayport Library. • Joe Carufel stated that he would serve as Oak Park Heights's citizen representative on the Strategic Planning Committee. Councilmember Swenson, seconded by Kern, moved to approve Joe Carufel as representative for the Strategic Planning Committee. Carried 5 - 0. Board of Review Meeting - Mayor O'Neal reported that there will be a Board of Review Meeting on Monday, April 8, 1996 at 5:00 p.m. at City Hall. This meeting is for everyone who wants to discuss their estimated market value with the County Assessor. Water Management Organization - Councilmember Schaaf reported that a representative from Grant Township attended the last Brown's Creek Water Management Organization Meeting. The representative stated that Grant Township has hired an attorney to represent it in contesting the fees they are required to pay in the Joint Powers Agreement governing the Brown's Creek Water Management Organization. • Page 3 - Minutes 03/25/96 Consent Agenda • Review Minutes - March 11, 1996 • Autumn Ridge 3rd Addition Final Plat - Set Public Hearing Date April 8, 1995 - Arcon Development • Cable Commission Minutes • Approval of Autumn Ridge 3rd Addition Street and Utility Improvement Plans. • Approval of Fund Transfer - $ 125,000 from General Fund to Capital Improvement Fund - Unallocated. • Casey and Michelle Kelly - Request for Variance for an Additional Utility Shed - Set a Public Hearing April 22, 1996. Councilmember Kern, seconded by Swenson, moved to approve the Consent Agenda with the addition of setting a Public Hearing Date for the Request for Variance by the Kellys. Carried 5 -0. Unfinished Business: Strategic Planning Meeting - Mayor O'Neal stated that the Council met for its' semi - annual strategic planning meeting on March 22. Mayor O'Neal thanked the Council for their attendance at the strategic planning meeting and commended them on their willingness to serve the public. City Hall Redecoration - Mayor O'Neal reported that Councilmembers Swenson and Schaaf have volunteered to research and make recommendations to redecorate both the inside and outside of City Hall. Councilmember Swenson said that the Council is interested in obtaining historical pictures of Oak Park Heights to display at City Hall. Residents who have pictures can contact City Hall. Tree City USA Award - Forester Ken Kaiser presented the Council with the Tree City USA award that he accepted on the City's behalf at the Tree City USA banquet. Kaiser stated that the gold braid on the flag represents 15 years of being a Tree City. Kaiser said that Oak Park Heights ranks sixth in the State for number of years as a Tree City. 1996 Tree Care Plans - Kaiser described the City's plans for tree care in the upcoming year. In June new trees will be planted and trees that need to be removed will be identified. In late fall trees infected with dutch elm and oak wilt will be removed, along with any boulevard tree that's causing a problem. Kaiser said he is always willing to meet with any resident who has questions about trees. Mayor O'Neal stated that the Council is interested in a wider variety of trees being planted, such as flowering ornamental trees. Kaiser said that six different species of trees were planted in 1995. Mayor O'Neal expressed the Council's appreciation for the work that he does for the City of Oak Park • Heights. Page 4 - Minutes 03/25/96 Approval of MNDOT Purchase Offer - East 5 Feet of Lots 9, 10, 11,_ and 12, Block 4, Oak Park - City Attorney Vierling requested tabling this issue until the next City Council meeting. Councilmember Schaaf, seconded by Kern, moved to table until the next Council meeting scheduled April 8, 1996. Carried 5 -0. Geese Meeting - Mayor O'Neal announced that Professor Cooper from the University of Minnesota will be present for a meeting to discuss the geese problem. The meeting will be held at 2:00 p.m. Thursday, March 28, 1996 at the Hall residence. New Business: 1996 -1998 Police Union Contract - Robertson noted that the City had received a late request from the union negotiator on a change in the contract. Mayor O'Neal requested tabling this matter until attorney Jim Lammers can review the contract. Councilmember Schaaf, seconded by Kern, moved to approve tabling this issue until April 8, 1996. Carried 5 -0. Request for Interest Abatement - 14416 55th Street - Mr. and Mrs. Green - Mr. and Mrs. Green requested that interest charge be waived for the street improvement assessment because they did not receive the assessment notice. Councilmember Swenson, seconded by Kern, moved to adopt a resolution waiving interest for Mr. and Mrs. Green. Carried 5 -0. • Brown's Creek Watershed District Intergovernmental Agreement with Metropolitan Council - Councilmember Schaaf, seconded by Swenson, moved to enter into the Brown's Creek Watershed District Intergovernmental Agreement with Metropolitan Council. Carried 5 -0. Eagle Scout Award - Councilmember Robert reported that Chris Morency has attained the Eagle Scout Award. Councilmember Robert, seconded by Kern, moved to direct Robertson to send Chris Morency a letter congratulating him on his achievement. Carried 5 -0. Correspondence: Brown's Creek WMO 1995 Annual Report and 1996 Plan of Operation - Mayor O'Neal stated that the Brown's Creek WMO 1995 Annual Report and 1996 Plan of Operation was available for review. MNDOT Letter - Mayor O'Neal stated that a meeting will be held on Wednesday, April 3, 1996 at 4:00 p.m. at the Short Elliott Hendrickson Building, 3535 Vadnais Center Drive, in Vadnais Heights to update City officials and residents on the new St. Croix River Bridge project. Page 5 - Minutes 03/25/96 Public Hearings: Dan Wortman - Modification of Planned Unit Development and Conditional Use Permit - Addina an Apartment to a Single Family Dwelling - 6148 Osgood Avenue - Mayor O'Neal opened the Public Hearing at 7:30 p.m. Dennis Wortman, Dan's father, was present representing the Wortmans as the storm had trapped them in North Dakota. City Planner Richards introduced his associate Cary Teague from Northwest Associated Consulting. Teague said that Wortman is requesting an amendment to his planned unit development in order to establish a second floor residential apartment in his home. Teague recommended approval of the request for an amendment to the planned unit development with the following conditions • The applicant must provide a revised site plan showing the space available for the required parking spaces. • The remodeled apartment must meet all applicable requirements of the City approved Uniform Building Code. • The Council review the permit on a yearly basis for the first two years and then periodically after that. Hearing no public comment, Councilmember Schaaf, seconded by Kern, moved to close the Public Hearing at 7:40 p.m. Carried 5- 0. Councilmember Kern, seconded by Swenson, moved to approve the Conditional Use Permit, with annual reviews the first two years. • Carried 5 -0. Krongard Construction - Modification of Planned Unit Development - Changing 8 Single Family Lots into 7 Twin Home Lots and Changing an 8 -Plex Into a 6 -Plex - Valley View Estates Addition - Present for the Public Hearing were: Cindy Berger, 5658 56th Street Circle North, Bob Ciak 5654 56th Street Circle North, Lori Clemings, 14786 56th Street North, Marge Brandl, 14853 56th Street North, Bill Henning 5696 Osgood Avenue. There were no representatives from Krongard Construction present. City Planner Richards reported that he received no feedback from Krongard regarding the conditions listed in the report. Richards reported that a Planned Unit Development (PUD) was approved a couple of years ago which called for 8 single family units. Krongard has requested the change because the twin homes have been in demand. Krongard has requested the change from 8- plexes to 6- plexes because he feels there is a greater demand for one story town homes than two story. Richards stated a grading and drainage plan for both development sites will have to be reviewed by the City Engineer because of the steep slope. The Park Dedication fees would have to be adjusted per each PUD amendment request. • Page 6 - Minutes 03/25/96 S Marge Brandl, 14836 56th Street, stated her opposition to the project. Brandl is concerned that a water problem could develop because of the grade of the slope of the hill in her back yard which will overlook the twin homes. She thinks the twin homes will be too far back on the lot and that the grading will cut into the hill and it will wash out. She stated that she has a 100 year old oak tree that could be damaged if the hill starts washing out. Richards stated that a tree survey should be done which will indicate which trees will be removed and which trees will remain. Lori Clemings, 14786 56th Street, stated that she was opposed to the project. Clemings believes that single family units would sell as well or better than multi- family units. Bob Ciak, 5654 56th Street Circle, said that he is opposed to the project. He said that when the PUD was approved two years ago that the single family homes were provided in order to be a buffer between the existing single family homes and the new twin homes. He would like to see a layout of the boundaries of the lots and where the twin homes would be positioned on each lot. Cindy Berger, 5658 56th Street Circle, said that she did not approve of the project. She said she was concerned with the potential loss of trees. She stated that a lot of trees were • removed at Krongard's latest development, which borders her yard. City Planner Richards noted that the single family development would also require some cutting into the hill. Bill Henning, 5696 Osgood, stated his objection to the twin homes. Henning stated that he did not like the large amount of almost identical homes. He said he would like to see single family homes. Councilmember Schaaf stated that he would like to see the proposed layout of the twin homes on each lot so he can better understand the layout of the proposed plan. He also said he would like a copy of the original PUD plan for comparison purposes. Richards stated that he will contact Krongard and let him know of the comments and requests. City Attorney Vierling was directed to review the Development Agreement to see if there was adequate pedestrian easement along Osgood Avenue. Councilmember Schaaf, seconded by Kern moved to continue the Public Hearing until the next Council meeting scheduled April 8, 1996 so that Mr. Krongard or a representative could be present to address concerns raised by the Planner Richards and residents. Carried 5 -0. Residents may pick up the staff report at City Hall on Monday, April 8, 1996, or at the continuation of the Public Hearing. Page 7 - Minutes 03/25/96 III Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn at 8:20 p.m. Carried 5 -0. Closed Meeting: City Attorney Vierling updated Council on pending litigation. Adjournment: Upon the end of the closed meeting, Councilmember Schaaf, seconded by Swenson, moved to adjourn at 8:23 p.m. Carried 4 -0. Respectfully submitted, V ::/," ..,.---.__________,,,,__________ Michael Robertson City Administrator • • • OAK PARK HEIGHTS CITY WORKSHOP MINUTES COUNCIL MINUTES, MONDAY, MARCH 11, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Schaaf, and Swenson. Absent: Councilmember Robert. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, Police Chief Swanson, and City Planner Richards. Visitor Comments: There were no visitor comments. Department Reports: Police Radar Unit - Chief Swanson requested authorization to purchase a new radar unit at the cost of $1,715 with funding coming from the Forfeiture and Seizure account. Councilmember Swenson, seconded by Kern, moved to approve authorization for a new radar unit, with costs not to exceed $1,715 and funding from the Forfeiture and Seizure account. Carried 4 -0. Part Time Officer - Chief Swanson requested approval for hiring a new part -time police officer. Swanson recommended hiring David Kish effective March 12, 1996 at the rate of $9.00 per hour. Councilmember Kern, seconded by Schaaf, moved to approve hiring David Kish effective March 12, 1996 at a rate of $9.00 per hour, with a review after six months. Carried 4 -0. • Cable Commission - Councilmember Swenson reported that Continental Video has purchased King Video Cable, and US West is in the process of purchasing Continental Cable. Councilmember Swenson reported that the Cable Commission is concerned about the possibility of the elimination of the local governing boards if US West acquires Continental. City Attorney Vierling stated that the industry is being de- regulated, but existing franchise agreements are being honored. Water Management Organizations - Mayor O'Neal reported that the next Brown's Creek Water Management Organization meeting will be held Wednesday, March 20, 1996 at 7:00 p.m. at the Water and Soil Building on Curve crest. Consent Agenda • Review Minutes - February 22, 1996 • Review Minutes - February 26, 1996 Councilmember Swenson, seconded by Kern, moved to approve the Consent Agenda. Carried 4 -0. City Engineer Transition - City Engineer Anderlik reported that he is beginning a multi -year process of being replaced as City Engineer by Carol Caron. He stressed that he is not retiring and that he will still be attending many Council meetings. Council thanked Anderlik for all he has done for the City. • Page 2 - Minutes 03/11/96 Unfinished Business: • Graffiti Teen Center - Councilmember Kern reported that the Graffiti Teen Center is requesting $1,000 from the City of Oak Park Heights in operating funds to assist in provision of programs for the youth in the St. Croix Valley. Councilmember Kern, seconded by Schaaf, moved to approve funding $1,000 to the Graffiti Teen Center. Carried 4 -0. Cooperation Planning Committee Representatives - Mayor O'Neal reported that community representatives are still needed to work with the City of Oak Park Heights, City of Bayport, and Baytown Township to assess the possibility of sharing services. New Business: Tree City Announcement - Mayor O'Neal reported that the City of Oak Park Heights has been named a Tree City USA Community for the 16th straight year. City Forester Ken Kaiser will be attending the Tree City USA Recognition Luncheon on Thursday, March 21 to pick up the Tree City USA award. Minor Subdivision - Jerry's Auto Body - Administrator Robertson requested tabling this issue until the next Council meeting scheduled Monday, March 25, 1996 because the application has not been completed by Jerry's Auto Body. Fire Station Report - Administrator Robertson reported • information he had obtained regarding issues related to the construction of a Fire Substation. Robertson said that the cost of construction and equipping the building alone would be between $500,00 and $800,000, depending on the size of the building. Equipping the building is expected to cost between $1,000,000 and $1,200,000, depending on the equipment purchased. With regard to response time, Robertson stated that there are no standards or recommendations for response times. Some cities establish their own, such as Minneapolis, which sites their fire stations so that they have a 4 minute response time. Many cities don't have a standard such as Plymouth, which reports a 8 -10 minute average response time. Mayor O'Neal requested adding discussion of this to the agenda of the Strategic Planning meeting schedule for March 22, and 23rd. 1995 Budget Review - Administrator Robertson reported on the final 1995 budget figures. He said there was a surplus of $212,518, $145,457 in excess revenues and $67,061 in unspent funds. Robertson reported that in most cases the excess revenues occurred in areas of the budget which are traditionally under budgeted due to their volatility, such as building permits and interest rates. Robertson reported that the unspent funds represent approximately 3.5% of the total budget. Robertson recommended Council take no action until City Auditor David Mol • is present to make his annual audit presentation. Page 3 - Minutes 03/11/96 • Strategic Planning Retreat - Mayor O'Neal reported that the Council plans a Strategic Planning Retreat at City Hall on Friday, March 22, at 4:00 p.m. and Saturday, March 23, at 8:00 a.m. The retreat is open to the public. League of Minnesota Cities Leadership Seminar - Mayor O'Neal indicated her interest in attending the League of Minnesota Cities Leadership Seminar. Administrator Robertson stated that Councilmember Robert also expressed an interest in attending the seminar. Mayor O'Neal requested that Robertson register them for the seminar. Historical Research Project - Administrator Robertson reported that he received a letter from the University of Minnesota proposing a partnership with Stillwater Area schools to perform a historical research project on the homes in Oak Park Heights that are being removed as part of the bridge and highway construction. Councilmember Schaaf, seconded by Swenson, moved to direct Robertson to send them a letter stating the Council's approval of the historical research project. Mayor O'Neal stated that the letter should include the statement that the project should not interfere with the bridge and highway construction. Carried 4 -0. Award ADA Bid - City Engineer Anderlik reported that the City received five bids from various contractors for the ADA • improvements project. Anderlik recommended awarding the contract to Nordling Construction who submitted a bid of $38,996. Anderlik reported that bid was well under the estimate of $62,315. Councilmember Kern, seconded by Schaaf, moved to approve awarding the ADA bid to Nordling Construction. Carried 4 -0. Pay Bills - Councilmember Swenson, seconded by Kern, moved to pay the bills as presented. Carried 4 -0. Parking Ordinance - Councilmember Schaaf stated his concern about the City parking ordinance that prohibits parking at any business in Oak Park Heights for more than 24 hours. He said he didn't think this ordinance was intended to prohibit the overnight parking of business vehicles. City Attorney Vierling said he would review the ordinance with staff, and see if it could be changed and satisfy the needs of the business community and the residents. Councilmember Schaaf, seconded by Swenson, moved to direct Vierling to review the ordinance and make a recommendation for revisions. Carried 4 -0. Mayor O'Neal requested that this item be discussed at the Strategic Planning Retreat. • Page 4 - Minutes 03/11/96 III Correspondence: McDonald's Letter - Administrator Robertson reported on a letter received by McDonald's stating their concern regarding a possible rate increase from Junker Sanitation. Council directed Robertson to contact Junker Sanitation representatives and invite them to be present at a Council meeting to discuss issues between area businesses and Junker Sanitation. Adjournment: Councilmember Swenson, seconded by Schaaf, moved to adjourn at 7:30 p.m. to a closed meeting. Carried 4 -0. Closed Meeting: Administrator Robertson updated Council on Police Union negotiations. City Attorney Vierling updated Council on pending litigation. Adjournment: Upon the end of the closed meeting, Councilmember Kern, seconded by Swenson, moved to adjourn at 7:50 p.m. Carried 4 -0. Respectfully submitted, _ - ichael obertson City Administrator ill IIII ---,..............ml • OAK PARK HEIGHTS CITY WORKSHOP MINUTES COUNCIL MINUTES, MONDAY, FEBRUARY 26, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal Present: Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 6:45 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Planner Richards. Visitor Comments: There were no visitors. Department Reports: Chamber of Commerce Dinner - Administrator Robertson announced that the City has been invited to the Chamber of Commerce dinner on March 13, 1996. Councilmember Swenson, seconded by Kern, moved to approve sponsoring a table at the Chamber of Commerce dinner at a cost of $300. Carried 3 -2. Robert and Schaaf opposed due to the cost. Utilities - Robertson reported that he received a copy of Bayport's water conservation plan. Graffiti Teen Center - Councilmember Kern distributed a letter he received from the Graffiti Teen Center asking for a grant. He requested that the members of the Council review the information and be prepared to discuss and make recommendations at the next • City Council meeting scheduled March 11, 1996. Water Management Organizations - Mayor O'Neal reported that she and Councilmember Schaaf attended the Brown's Creek Water Management Organization meeting last Wednesday, February 21. Mayor O'Neal said that there was discussion on the possibility that the Brown's Creek WMO would dissolve and become a Watershed District. Councilmember Swenson, seconded by Kern, moved to adopt Resolution 96 -02 -07 - A Resolution Appointing Councilmember Schaaf to the Brown's Creek Water Management Organization, and Appointing Mayor O'Neal as an alternate. Carried 3 -2. Robert and Schaaf opposed. Cable - Councilmember Swenson reported that the Cable Commission will meet Wednesday, February 28, 1996 at 7:30 p.m. at Oak Park Heights City Hall. Parks - Councilmember Robert reviewed the Parks Commission minutes from 2/20/96. She noted the following proposed revisions to the minutes: • On page 1, the Park and Trail Survey section the quote from Chair Dahlquist will be removed. • On page 3, second paragraph from the top should read "purple loosestrife" instead of "bog removal." • Page 2 - Minutes 02/26/96 Garden Committee - Councilmember Robert noted the Garden ill Committee's recommendations for Cover Park were approved by the Parks Commission. Councilmember Robert said that the Parks Commission is concerned about the cost of the plan, and asked for input from the Council. Council discussed two proposals to offset the cost of the project including: of Mayor O'Neal proposed selling shares to area businesses and residents to be partners in refacing the park area. • Councilmember Schaaf proposed that there be a matching fund drive whereby the City funds half the project if residents and businesses raise half the money. After discussion, Council directed the Park Commission to examine these and other alternatives for raising half of the project costs. New Garden Committee Members - Robert noted that three new members were added to the Garden Committee as a result of the notice in the most recent City newsletter. Utilities - Mayor O'Neal stated that a major developer is interested in locating in Oak Park Heights near Stillwater High School and that the developer asked whether the Frontage Road south of 58th Street could be constructed in 1996 rather than 1997. Council was in consensus that they would be willing to • construct the street in 1996 upon the completion of a development agreement and upon completion of an agreement with MNDOT to re- imburse them for the costs. Impact Fees - There was discussion of possible changes to impact fees. City Attorney Vierling was directed to examine the legal implications. Autumn Ridge - Robertson said that he had attended the Autumn Ridge model home tour and that there was a large crowd and a lot of interest. Consent Agenda • Review Minutes - February 5, 1996 • Review Minutes - February 12, 1996 • Set Public Hearing Date March 25, 1996 - Request for PUD /CUP Modification - Dan Wortman - 6148 Osgood Avenue • Set Public Hearing Date March 25, 1996 - Request for PUD Amendment - Valley View Estates - Krongaard Construction Councilmember Schaaf, seconded by Kern, moved to approve the Consent Agenda. Carried 5 -0. 111 Page 3 - Minutes 02/26/96 Unfinished Business: Park Survey Report - City Planner Richards reported on the Park and Trail Survey for local businesses. Richards noted that the 17% response was very good considering 10% is an average response. Richards stated that results of the survey helps the City justify its park dedication fee charged for new commercial activity. Richards noted the survey results do not help establish the appropriate ratio of cash to acreage formula for an Ordinance revision. Staff will continue to study this issue and provide a recommendation to the Council. Valley Branch Watershed - Proposed Rules and Regulations - City Attorney Vierling indicated that he has reviewed the proposal and has no problems with it. Vierling noted the City already has adopted a plan for the small portion of Oak Park Heights affected by the proposed rules and regulations. He said that the plan already adopted will meet the guidelines in the proposal. Design Review Committee - Councilmember Robert reported that the Design Review Committee had held its last meeting and that MNDOT has issued its design guide for the bridge and Highway 36 reconstruction. Mayor O'Neal praised Councilmember Robert for all of her hard work with the committee. New Business: City Attorney Memo - County Road Turn back Process - City • Attorney Vierling stated that at the request of the City Council his office reviewed the applicable rules and statutes of the State of Minnesota regarding the turnback of roads between government units. Vierling stated that the City does not have to take any road that it does not want. Review of Recording Secretary - Robertson noted that the performance of Recording Secretary Eloise Nettleton had been excellent and recommended an increase in compensation to $11.00 per hour. Councilmember Swenson, seconded by Kern, moved to increase the compensation of Eloise Nettleton for the duties of Recording Secretary to a rate of $11.00 per hour. Carried 5 -0. City Administrator 1996 Contract - Mayor O'Neal reported that the Council has finished its review of City Administrator Robertson, that he has met or exceeded the Council's expectations in all areas, and that Council was very satisfied with his performance. Councilmember Kern, seconded by Schaaf, moved to approve the City Administrator's 1996 contract. Carried 5 -0. Caucuses - Mayor O'Neal encouraged everyone to attend their area caucus on Tuesday, March 5, 1996. • Page 4 - Minutes 02/26/96 Appointment to Cooperation Planning Committee - Mayor O'Neal reported that Oak Park Heights, Bayport, and Baytown are setting up a committee to look at ways the communities can save money by sharing services. Mayor O'Neal said that this committee will not look at consolidation with any other communities, but will focus on services and saving money. She asked for community volunteers to be on the committee. The committee will consist of a Mayor and City Administrator from each city, one to three members of the community, and one to three members of the business community. Mayor O'Neal stated that interested people should call Administrator Robertson. Councilmember Schaaf expressed interest in serving on the Cooperation Planning Committee. Councilmember Swenson, seconded by Kern, moved to appoint Councilmember Schaaf to the Cooperation Planning Committee. Carried 5 -0. Councilmember Robert, seconded by Kern, moved to appoint Councilmember Swenson as alternate to the committee. Carried 5 -0. Council directed City Administrator Robertson to post all the meetings as Council meetings. Correspondence: Met Council Environmental Services - 1995 Sewage Flow Assignment - 1996 Sewage Flow Estimate - Robertson reported that he received a letter indicating the Met Council has completed the assignment of the City's 1995 sewage flow estimates. • Met Council Letter - Housing Partnerships - Mayor O'Neal reported that the Met Council announced the availability of grant funds for housing partnerships. Metropolitan Council Transportation Advisory Board - Mayor O'Neal noted that she has been appointed to the Met Council Transportation Advisory Board (TAB), which meets the third Wednesday of every month at 2:00 p.m. at Mears Office Park in downtown St. Paul. Adjournment: Councilmember Swenson, seconded by Schaaf, moved to adjourn at 7:50 p.m. to a closed meeting. Carried 5 -0. Closed Meeting: Administrator Robertson updated Council on Police Union negotiations. City Attorney Vierling updated Council on pending litigation. Adjournment: Upon the end of the closed meeting, Councilmember Swenson, seconded by Schaaf, moved to adjourn at 8:03 p.m. Carried 5 -0. Respectfully submitted, 4 02 • Michael Robertson City Administrator OAK PARK HEIGHTS • CITY COUNCIL MINUTES, MONDAY, FEBRUARY 12, 1996 Call to Order: The meeting was called to order at 6:35 p.m. by Mayor O'Neal Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson and City Attorney Vierling. City Engineer Anderlik arrived at 6:50 p.m. Visitor Comments: Tim Nolde - Anchobaypro Inc. - Proposed Townhouse Development - Mr. Nolde of Anchobaypro Incorporated presented a plan to develop a parcel of land currently owned by John Haase into townhouses. This would be a two -phase 84 unit rental townhouse development. Mr. Nolde reported that he would be seeking low and moderate income tax credits the United States government grants for affordable housing. He said he would also be seeking Tax Increment Financing (TIF) from the City to defray the costs of cleaning up the land. He said "pay as you go" TIF was satisfactory. Council made no promises of granting TIF financing, but they were in consensus that Mr. Nolde could submit a formal proposal to them. Council noted that any request for TIF financing would require a study by the City Auditor, which Mr. Nolde would have to pay for. 411 Department Reports: Autumn Ridge Open House Parking Problem - Police Chief Swanson reported that the Spring Preview at Autumn Ridge had attracted a tremendous number of people and created a parking problem. Swanson said that temporary parking signs will be installed on 58th Street on weekends to accommodate the increased parking needs. Bullet Proof Vests - Police Chief Swanson reported that bullet proof vests are being purchased at the rate of $420 per unit, with 50 percent of the moneys coming from the Forfeiture and Seizure fund and 50 percent from the State Department of Public Safety. Anniversary Awards - Police Chief Swanson reported that five employees are eligible to be recognized for years of service. Council requested that employees with 20 or more years of service be presented anniversary awards at the City Council meeting while others will be noted at the meeting. Employees with less than 20 years of service can be recognized by the department in which they serve. • Page 2 - Minutes 02/12/96 • Water Main Breaks - City Administrator Robertson reported two water main breaks had occurred, one near Paris and 65th and the other at Paris and 63rd. Robertson said that the water main breaks were caused by the extreme cold which caused the ground to heave and rocks to rupture through the pipes. The breaks were repaired without any further problems. Oxygen Sensor Equipment - Councilmember Swenson reported that OSHA has established new requirements for oxygen sensor equipment which involves calibrating the oxygen sensor on a monthly basis. Swenson reported that the Fire Department can purchase a kit for $350 to maintain the equipment or the City can hire an outside firm to maintain the equipment at the cost of $50 per month. Council requested that the Fire Department maintain the Oxygen Sensor equipment and directed Robertson to work with them to reach an agreement. Garden Committee - Councilmember Robert reported that the Garden Committee will meet Tuesday, February 13, 1996 at 5:30 p.m. at City Hall to make recommendations regarding landscaping Cover Park. Parks Committee- Councilmember Robert reported that the Parks Commission will meet Tuesday, February 20 at 6:30 p.m. at City • Hall to discuss Swager Park. Building Department - Robertson reported that there were over 200 visitors to the Autumn Ridge Spring Preview last weekend. Strategic Planning Meeting - Mayor O'Neal reported that a few Councilmembers have conflicts with the Strategic Planning Meeting and requested rescheduling the meeting. Councilmember Schaaf, seconded by Kern, moved to change the Strategic Planning Meeting to Friday, March 22, 1996 and Saturday, March 23, 1996. Carried 5 -0. Met Council Sewer Rates - Robertson reported that he received a report from a committee composed of city officials working with the Metropolitan Council to change sewer rates to charge residents for actual amount of usage, rather than the current system. He reported that a committee member told him the Met Council has accepted the recommended changes and that changes should be made in the billing system within the next year. Cable - Councilmember Swenson reported that the Cable Commission has approved its final budget. Page 3 - Minutes 02/12/96 • Brown's Creek Water Management Organization - Mayor O'Neal reported that the BCWMO will meet Wednesday, February 21st, 1996 at 8:00 p.m. at Stillwater City Hall. Councilmember Schaaf volunteered to serve as a representative for the City of Oak Park Heights on the BCWMO Board and will attend the next meeting of the Board. Consent Agenda • Review Minutes - January 22, 1996 • Review Minutes - January 29, 1996 • Request for Payment - Valley View Estates - $3,411.00 • Request for Payment - Autumn Ridge 1st Addition $4,216.41 • Resolution 96 -02 -05 - A Resolution Approving the Request of Hockey Stillwater St. Croix Valley Amateur Association for a Gambling Premises Permit at the Millroad Inn Councilmember Robert requested removal of the January 22, 1996 Minutes from the Consent Agenda. Councilmember Schaaf, seconded by Kern, moved to approve the remaining items on the Consent Agenda. Carried 5 -0. Councilmember Robert reported that a sentence needs to be added in the Dental Coverage for Jim Butler paragraph of the January 22, 1996 Minutes. The motion should read "Councilmember Swenson, • seconded by Schaaf, moved to approve amending the contract to include dental checkups every three months, if recommended by a dentist or doctor." Councilmember Schaaf, seconded by Kern, moved to approve the January 22, 1996 Minutes with the proposed amendment. Carried 5 - 0. Unfinished Business: Design Review Committee - Councilmember Robert reported that the last meeting of the Design Review Committee will be held Wednesday, February 21st, at 6:30 p.m. at Lake Elmo Inn. Public Hearing: Transfer of Liquor Licenses - Club Tara Inc. to Club Tara Supper Club, Inc. - Mayor O'Neal opened the public hearing at 7:45 p.m. No visitors were present. Hearing no further comments, Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 7:46 p.m. Councilmember Schaaf, seconded by Swenson, moved to approve the transfer of Liquor Licenses from Club Tara Inc. to Club Tara Supper Club, Inc. Carried 5 -0. New Business: Park Use Survey Results - City Administrator Robertson reported that 27 out of 160 surveys mailed to local businesses were returned, which is a 17% response from the business community. He noted that this is a pretty good response. • Page 4 - Minutes 02/12/96 Resolution 96- 02 -06- A Resolution Commending Lyman Geary on 35 • Years of Service to the Community - Councilmember Swenson, seconded by Kern, moved to adopt Resolution 96 -02 -06 - A Resolution Commending Lyman Geary on 35 Years of Service to the Community. Carried 5 -0. Approval of MNDOT Purchase Offer - East 5 Feet of Lots 9,10,11, and 12, Block 4, Oak Park - City Attorney Vierling recommended tabling this matter until he obtained additional information. Councilmember Schaaf, seconded by Swenson, moved to table this issue until further notice. Carried 5 -0. Valley Branch Watershed - Proposed Rules and Regulations - Since Council has not yet reviewed this proposal, Councilmember Kern, seconded by Schaaf, moved to table discussion on this matter until the next meeting scheduled for Monday, February 26, 1996. Carried 5 -0. City of Bayport - Fire Protection Contract - Councilmember Schaaf, seconded by Kern, moved to adopt the contract agreement by the City of Bayport for furnishing fire protection services to the City of Oak Park Heights from March 1, 1996 through February 28, 1997, for a contract amount of $54,125.00. Carried 4 -0, Councilmember Swenson abstaining. Goodwill- Continuance of Memorandum - Council reviewed the • Memorandum of Continuances for 1996 for the Stillwater Goodwill Store. Councilmember Robert questioned why townships do not contribute a fifty cents per household fee for the collection of reuse material at Goodwill the way cities do. Council directed Robertson to discuss with the Cities of Stillwater and Bayport sending a letter be sent to the townships asking them to contribute. Councilmember Schaaf, seconded by Kern, moved to approve the Continuance of Memorandum from Goodwill. Carried 5- 0. Correspondence: Invitation to Washington County Elected Officials Forum - Thursday, February 29, 1996 - Mayor O'Neal reported that the topic of discussion will be different possibilities for the design single family residential development. Letter to NSP - Change in Community Service Manager - Mayor O'Neal reported that the current Community Service Manager, Steve Schmidt, has accepted a position with NSP's Metro Public Affairs Department. During the interim, various Community Service Managers in adjoining areas will be available to work with the City as need arises. • Page 5 - Minutes 02/12/96 III Invitation to League of Minnesota Cities Building Dedication and Open House - Mayor O'Neal reported that the League of Minnesota Cities will hold an open house on Thursday, February 29, 1996 in St. Paul. Mayor O'Neal directed Robertson to publish this as a Council meeting. City Pins - Robertson presented a catalog he received advertising pins that could purchased for promoting the City. Council directed Robertson to obtain more information regarding the cost of the pins. Washington County Board - Mayor O'Neal reported that the Washington County Board will meet Tuesday, February 13, 1996 at 9:00 a.m. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn at 8:10 p.m. to a closed meeting. Carried 5 -0. Closed Meeting: Administrator Robertson updated Council on Police Union negotiations. City Attorney Vierling updated Council on pending litigation. The City Administrator was reviewed and his contract was discussed. Adjournment: Upon the end of the closed meeting, Councilmember Swenson, seconded by Kern, moved to adjourn at 9:30 p.m. Carried 5 -0. , ill Respectfully submitted, Michael Robertson City Administrator 111 ........IIII. OAK PARK HEIGHTS • CITY WORKSHOP MINUTES COUNCIL MINUTES, MONDAY, JANUARY 22, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Deputy Mayor Kern. Present: Deputy Mayor Kern, Councilmembers Robert, Schaaf, and Swenson. Mayor O'Neal arrived at 6:45 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, City Planner Richards, and Building Inspector Butler. City Engineer Anderlik arrived at 7:00 p.m. Visitor Comments: There were no visitor comments. Department Reports: Police - Bullet Proof Vests - City Attorney Vierling reported that State Statutes allow the City to use money in the Drug Forfeiture and Seizure fund to purchase new bullet -proof vests for the members of the Police Department. Councilmember Robert, seconded by Swenson, moved to approve the purchase of new bullet proof vests with funding coming from this fund. Carried 4 -0. Stormwater Drains - Robertson reported that several residents reported clogged stormwater drains after last week's storm. City staff investigated and determined that the snow and sleet created ice dams and that none of the storm drains froze over. City staff cleared the ice dams and the water drained properly. • Autumn Ridge Development - Building Inspector Butler reported 13 new homes are currently under construction in the Autumn Ridge development. Cover Park - Councilmember Robert reported leaks in the roof of the park building at Cover Park. Robert also requested that as part of ADA construction Butler investigate replacing one of the doors with a window. Butler will check on building code requirements and report back to the Council. Dental Coverage for Jim Butler - Judy Holst requested amending the CBSA medical insurance contract to include dental checkups for Jim Butler every three months. Councilmember Swenson, seconded by Schaaf, moved to approve amending the contract to include dental checkups every three months if recommended by a doctor or dentist. Carried 5 -0. Cable - Councilmember Robert said that Meredith Cable provides a free public access service to the northern suburbs and asked why this service was not available in Oak Park Heights. Councilmember Swenson reported that this service could not be provided for the City of Oak Park Heights because of the low number of Cable subscribers. Council requested that Councilmember Swenson provide them with a report detailing the number of subscribers in Oak Park Heights and surrounding communities. • Page 2 - Minutes 01/22/96 III Parks Commission Vacancy - Robert reported that the Parks Commission has recommended Liz Weaver for the vacancy on the Parks Commission. Councilmember Robert, seconded by Schaaf, moved to approve the appointment of Liz Weaver to the Parks Commission. Carried 5 -0. Cover Park Individual Park Meeting - Councilmember Robert reported that the first in a series of meetings regarding neighborhood parks was held Tuesday, January 16, 1996. Robert reported a successful meeting with good input from residents. Outdoor Recreation Grants - Robert reported that the Parks Commission would like to apply for the Outdoor Recreation Grant Program to update Brekke and Valley View Parks. The initial application for this grant needs to be completed by March 1, 1996. Robert requested that Council direct Administrator Robertson and City Planner Richards to complete the initial application. Councilmember Robert, seconded by Schaaf, moved to direct Robertson and Richards to complete the initial application grant for the Outdoor Recreation Grant Program. Carried 5 -0. Consent Agenda • Review Minutes - January 8, 1996 • Request for Preparation of Plans and Specifications - Autumn Ridge 3rd Addition • Request for Payment - Autumn Ridge 2nd Addition - $24,178.45 • • Request for Payment - 58th Street Improvements - $37,055.53 • Establish 1996 Board of Review Dates, Monday, April 8, 1996 at 5:00 p.m. for the initial meeting and Monday, April 22, 1996 at 6:00 p.m. for the continuation meeting. Councilmember Kern, seconded by Swenson, moved to approve all items on the Consent Agenda. Carried 5 -0. Unfinished Business: Brown's Creek Watershed - Mayor O'Neal reported that last weeks Brown's Creek Watershed Meeting was rescheduled for Wednesday, January 24th, 1996 at 7:00 p.m. Mayor O'Neal reminded Council that there is still a need for a representative to take her place on the Board. The Brown's Creek Board meets every third Wednesday of the month. County Wide Equipment Sharing Study - Robertson reported that all major cities except Oakdale have indicated their desire to participate in the study. He said a revised budget based on the number of participants will be prepared and submitted to all participating governments. Meeting with Baytown Township - Councilmember Swenson, seconded by Schaaf, moved to approve a workshop with Baytown Township Monday, February 5, 1996 at Stillwater Area High School. Carried . 5 -0. Page 3 - Minutes 01/22/96 • ADA Plans - Cover Park - City Engineer Anderlik presented two alternate plans for meeting ADA parking and access requirements at Cover Park. Councilmember Schaaf, seconded by Robert, moved to approve adopting Plan B for ADA access to Cover Park at an estimated cost of $2,400. Carried 5 -0. Transfer of Funds - Councilmember Robert, seconded by Kern, moved to approve the transfer of $25,000 from the Unallocated account of the Capital Improvements Fund to the ADA account of the Capital Improvements Fund. Carried 5 -0. ADA Plans & Specifications - Councilmember Schaaf, seconded by Swenson, moved to direct City Engineer's office develop plans and specification for the ADA improvements. Carried 5 -0. City Logos - Robertson presented Council with revised City Logos. Council reviewed various logos. Councilmember Schaaf, seconded by Kern, moved to approve the city logo with green and blue colors, address and phone on top, upper /lowercase letters, with "Tree City, USA" on the bottom of the letterhead. Carried 5 -0. Brown's Creek Joint Powers Agreement - Mayor O'Neal requested this item be removed from the agenda until further notice. Newsletter - Robertson presented the Council with an updated list of proposed articles for the February newsletter. Council requested that the planned update of the Comprehensive Plan be mentioned in the newsletter. Boat Access - Councilmember Robert reported on a meeting that MNDOT held regarding the proposed boat access near Sunnyside. Council was in consensus that City Attorney Vierling review the issues and negotiate the deal with Union Pacific Railroad. Public Hearing: Jerry's Auto Detail - 13601 North 60th Street - Request for Variance - Councilmember Schaaf, seconded by Swenson, moved to reopen the public hearing. Carried 5 -0. Mayor O'Neal opened the public hearing at 7:30 p.m. Joe and Jerry Schonecker were present representing Jerry's Auto Detail and described their request. City Planner Richards recommended approval of the variance and CUP with the approval subject to the conditions listed in the planning report. Building Inspector Butler noted some aspects of the State Building Code with which the Schonecker's would have to comply. Hearing no further comments, Councilmember Kern, seconded by Robert, moved to close the public hearing at 7:50 p.m. Councilmember Kern, seconded by Schaaf, moved to approve the CUP /variance subject with the conditions listed on the planning report. Carried 5 -0. • Page 4 - Minutes 01/22/96 New Business: Proposed Alignment of the Frontage Road - Present to discuss the proposed alignment were Mark Benson of MNDOT, Dick Kadrie and George McGuire of Stillwater Ford -Oak Park Heights Lincoln Mercury, and Bob Brackey and Jim McGovern. Robertson said that he had discussed several different frontage road alignments with Stillwater Ford and Bob Brackey. He reported that Brackey and Ford had been unable to agree upon any alignment. Robertson noted that another proposed frontage road alignment had been submitted to him by MNDOT engineer Bruce Libby. Robertson reported that MNDOT considers this alignment the final design and has asked the City to approve it as the final alignment. Dick Kadrie objected to the proposed change, saying it would cut their property in two and leave a piece of approximately 4 acres west of the frontage road that would be unusable. He said it had been Stillwater Ford's intent to build a body shop or a second dealership on the other side of their parking lot and that this alignment would prevent them from doing that. Bob Brackey stated he was in favor of MNDOT's proposed alignment of the frontage road. He said he has spoken with representatives for a potential major development of his land and they would • favor the proposed MNDOT design. City Engineer Anderlik said that the alignment proposed by MNDOT is the best from a land use perspective. Councilmember Robert, seconded by Schaaf, moved to approve the proposed alignment of the Highway 36 Frontage Road, with the direction that the curve design may be modified somewhat if desired by Stillwater Ford, as long as the City Engineer approves of the final alignment. Carried 5 -0. MNDOT Letter - Frontage Road Construction on NSP Property - Council reviewed a letter from Mark Benson, MNDOT, proposing that MNDOT build and construct a city street across the NSP property. MNDOT proposed that the street be turned over to the City for ownership and maintenance after the construction is complete. Councilmember Schaaf, seconded by Kern, moved to approve Resolution 96- 01 -04, A Resolution Approving the Request from MNDOT Authorizing MNDOT to Construct a Street forr Municipal Purposes Across NSP Property Connecting Osgood Avenue to 59th Street within the City of Oak Park Heights. Carried 5 -0. 411 Page 5 - Minutes 01/22/96 AAE - Surface Water Management Plan - City Engineer Anderlik • presented a Surface Water Management Plan designed to guide the development of a stormwater drainage system for the annexation area extended(AAE). Anderlik discussed the reports recommendations, including the proposed increase in area storm sewer charges. He noted that most of the stormwater ponds were situated in natural depressions or low areas. Councilmember Schaaf, seconded by Swenson, moved to approve the plan as presented. Carried 5 -0. Comprehensive Plan Contract with Northwest Associated Consultants - City Planner Richards presented a contract for professional planning services to develop an updated Comprehensive Plan for the City of Oak Park Heights. Councilmember Kern, seconded by Robert, moved to approve the contract with Northwest Associated Consulting. Carried 5 -0. Proposed Change Order - 1995 Street Reconstruction Project - Removal of Excess Muck on parts of 56th Street, Olene Avenue, Upper 56th Street Court, and O'Brien Avenue - 827,257.94 - Councilmember Robert, seconded by Kern, moved to approve change order to the 1995 Street Reconstruction Project. Carried 5 -0. Request for Payment - Tower Asphalt - 1995 Street Reconstruction Project - 835, 785.50 - Councilmember Kern, seconded by Swenson, moved to approve payment of $35,785.50 to Tower Asphalt. Carried • 5 -0. Proposed Community Center - Review of Stillwater Area High School Development Agreement - Robertson noted that, due to recent articles in the newspaper regarding a possible move of the community center from its proposed location in Stillwater to high school property, he had asked City Attorney Vierling to review the City's development agreement with the School District regarding the High School property with the Council. Vierling reported that as part of the development agreement under which the high school was constructed area utility connection charges were only assessed on the portion of the high school land that was developed. Based on the development agreement any development of vacant areas of the high school property will be subject to area connection charges. City Planner Richards said that parking would be a major issue if the community center were constructed on the high school land. Since they could both conceivably have events going on at the same time, parking for the high school would have to separate from the community center. Correspondence: Junker Sanitation - Proposed 1996 Holiday Schedule - A copy of the schedule was reviewed by the Council. Council requested that Robertson include the schedule in the February newsletter. • Robertson reported that Junker is planning to send the schedule to residents. Page 6 - Minutes 01/22/96 Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn at 9:45 p.m. to a closed meeting. Carried 5 -0. Closed Meeting: Administrator Robertson updated Council on Police Union negotiations. City Attorney Vierling updated Council on pending litigation. Adjournment: Upon the end of the closed meeting, Councilmember Robert,- seconded by Kern, moved to adjourn at 10:05 p.m. Carried 5 - 0. Respectfully submitted, /' , i Michael Robertson City Administrator • • OAK PARK HEIGHTS CITY COUNCIL MINUTES, MONDAY, JANUARY 8, 1996 Call to Order: The meeting was called to order at 6:30 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 7:08 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, City Planner Richards, City Engineer Joe Anderlik, and Tom Anderson from the City Engineer's Office. Visitor Comments: There were no visitor comments. Department Reports: Police - Part -time Officers Salary Increase - Police Chief Swanson recommended that effective January 1, 1996 part -time police officers Brian DeRosier's and Dwight Parker's hourly pay rates be increased from $13.00 to $14.00 and $9.00 to $9.75, respectively. Swanson also recommended that Dwight Parker's hourly rate be increased to $10.50 effective July 1, 1996. Councilmember Swenson, seconded by Kern, moved to increase Brian DeRosier to $14.00 per hour, effective January 1, 1996, and Dwight Parker to $9.75 per hour, effective January 1, 1996, with another increase to $10.50 effective July 1, 1996. Carried 5 -0. Hiring Part -time Police Officer - Swanson requested authorization to S start the hiring process for another part -time officer. Swanson reported that acquiring and retaining a part -time officer would not result in any additional cost to the City. Councilmember Kern, seconded by Swenson, moved to approve starting the hiring process for a part -time police officer. Carried 5 -0. Washington County Radio Users Committee - Swanson reported on an organizational meeting he had attended of the Washington County Radio Users Committee regarding establishing a plan to join the state mandated 800 megahertz trunk radio system. Swanson suggested that the Council appoint Councilmember Swenson to the Radio User Committee as its elected representative due to his experience in public safety. Councilmember Schaaf, seconded by Robert, moved to approve the motion to appoint Councilmember Swenson to the Washington County Radio Users Committee to represent the City of Oak Park Heights. Carried 5 -0. Bullet -Proof Vests - Swanson reported that the bullet -proof vests in his department have passed their 5 year suggested life span and recommended replacing them. Swanson reported that the State is mandated to pay for half the cost of each vest, with the City absorbing the other half of the cost. The total cost to the City would be approximately $2100. Councilmember Swenson, seconded by Kern, moved to direct Police Chief Swanson have his police officers purchase bullet -proof vests. Carried 5 -0. City Attorney Vierling was directed to see if the Police Forfeiture Fund could be used for 0 the purchase. Page 2 - Minutes 01/08/96 • Parks Department - Councilmember Robert suggested setting up a strategic planning meeting between the City Council and the Parks Commission to discuss the 5 Year Park Plan. Council requested that the Parks Commission develop the 5 Year Park Plan and present it to the City Council for discussion. Cover Park Planning Meeting - Councilmember Robert reminded the Council of the Parks Commission meeting scheduled for Tuesday, January 16, 1996 at City Hall. Future plans for Cover Park will be discussed at the meeting. Councilmembers Swenson and Robert requested installing a phone at Cover Park. Mayor O'Neal suggested purchasing a cordless phone. Garbage Pick -up - Councilmember Kern reminded the Council and residents that the garbage pickup day was changed from Friday to Thursday to effective Thursday, January 11, 1996. Administration - City Administrator Robertson discussed a meeting with Washington County Public Works Deputy Director Don Theisen regarding the County Road turn back process. Robertson recommended that City Engineer Anderlik review the issue and make recommendations regarding the road turn back process. City Attorney Vierling was directed to review the legal aspects of the road turn back process. 411 Unfinished Business: Certificate of Appreciation to Bill Tait - Councilmember Robert presented Bill Tait with a Certificate of Appreciation for his service on the Parks Commission. Gas Detection Meters - Councilmember Swenson reported that the gas detection meters purchased by the City were used three times in the last week. He noted that there were several recent deaths in Minnesota due to carbon monoxide poisoning and encouraged everybody to have NSP check their homes for natural gas leaks and to purchase a carbon monoxide detector. City Logo - Robertson presented revised logo options. Council selected one design and requested that it be brought back to them in several varieties of colors at the next Council meeting. ADA Plans and Specifications - Tom Anderson from the City Engineer's Office presented ADA plans and specifications for City Hall, Cover Park, Valley View Park and Brekke Park. Anderson reported the total cost estimate to update these facilities to meet ADA requirements to be $55,050. Councilmember Robert objected to the proposed plan for Cover Park because the proposed handicapped parking areas would be unusable in the winter. Council directed Anderson to prepare alternative plans with a change in the parking plan for Cover Park. Anderson indicated that he will have the changes made and available for review at the Parks Commission meeting scheduled for Tuesday, 40 January 16, 1996. Page 3 - Minutes 01/08/96 Councilmember Schaaf, seconded by Kern, moved to table discussion regarding ADA improvements until the next City Council meeting scheduled on January 22, 1996. Carried 5 -0. Council directed Robertson to bring a recommendation for funding this project to the next City Council meeting. Brown's Creek Joint Powers A reement - Councilmember Kern, seconded by Swenson, moved to table discussion until next Council meeting. Carried 5 -0. Ubdate on Design Review Committee that the next meeting for the Design C Review m Committee e will e Wednesday, January 10, 1996 at Stillwater City Hall. Robert reported that they will make a final color recommendations for the bridge, rail, and bridge lighting. Councilmember Robert also reported that MNDOT's Design Review Guides are available. The last meeting of the Design Review Committee will be in February, 1996. Park Dedication Surve - Robertson presented a revised survey put together by Northwest Associated Consultants to determine business use of City parks. Councilmember Robert requested that question 14 be amended to include "walkways" and that the survey ask for the "last three years" not the "last year" when referring to the usage of the parks. 0 Councilmember Swenson, seconded by Kern, moved to authorize staff to send this survey to all City businesses with recommended changes as requested and report the results back at the February 12 Council meeting. Carried 5 - 0. Public Hearings: Jerr 's Auto Detail -13601 North 60th Street-Re.uest for Variance - Mayor O'Neal opened the public hearing at 7:50 p.m. Robertson reported that he has not received the necessary plans for adequate staff review of this proposed variance. Councilmember Schaaf, seconded by Swenson, moved to table discussion until the next Council meeting scheduled for January 22, 1996. Carried 5 -0. New Business: 1996 Appointments - Councilmember Schaaf, seconded by Kern, moved to approve the following 1996 appointments; Carried 5 -0. Deputy Mayor Dean Kern, Sr. City Attorney Eckberg, Lammers, et al City Engineer Bonestroo, Rosene, et al City Planner Northwest Associated Consultants City Auditor Tautges, Redpath, Inc. Park Commission Liaison Park Commission Janet Robert Cable Commission Mike Dahlquist (1996 -1998) Middle St. Croix WMO Mark Swenson Barbara O'Neal Browns Creek WMO • Assistant Weed Inspector Rollie Staberg Official Newspaper Courier News Page 4 - Minutes 01/08/96 410 Northwest Associate Consultants 1996 Contract - Robertson presented the 1996 Contract with Northwest Associate Consultants (NAC). Robertson reported that NAC has offered a 15 percent discount for City initiated projects, as contrasted to private development projects, along with a cap on their meeting rates. Councilmember Kern, seconded by Swenson, moved to approve the 1996 Northwest Associate Consultants contract as presented. Carried 5 -0. Resolution 96 -01 -01 - A Resolution designating 1996 Checking and Bank Debositorie - Councilmember Kern, seconded by Schaaf, moved to adopt resolution 96 01 -01, A Resolution Designating 1996 Checking and Bank Depositories, with the addition of the 4M Fund and the deletion of the Metropolitan Federal Savings Bank. Carried 5 -0. Approve 1996 Home Occupation Licenses - Councilmember Swenson, seconded by Kern, moved to approve 1996 Home Occupation Licenses. Carried 4 -0, Councilmember Robert abstaining. Building Inspection Contract - Bayport - Councilmember Kern, seconded by Swenson, moved to approve the Building Inspection contract with the City of Bayport. Carried 5 -0. Robertson reported that the City of Bayport has already approved the contract. Inspection Contract - Building Inspection Services, Inc. - Councilmember Swenson, seconded by Kern, moved to approve the contract with Building Inspection Services Inc. for 1996. Carried • 5 -0. 1996 Sewer and Water Rate Study - City Engineer Joe Anderlik reported on his study of Sewer and Water rates. Anderlik noted that the City's Water and Sewer systems are in good shape and that they have adequate financial reserves. Anderlik said that it is only because of various State or Metropolitan Council mandates or new charges that the City has had to raise its rates in the last few years. Anderlik said that the Metropolitan Council Environmental Services Department has recently sent a notice to the City that sewer rates will be increased substantially. Because of this Anderlik recommended raising the sewer rate from $26.50 per 15,000 gallons to $31.50 per 15,000 gallons per quarter to pay for the increase. Anderlik also recommended that the sewer usage rate over 15,000 gallons be increased to $1.95 per 1,000 gallons. Anderlik stated that no rate increases are necessary for water. Councilmember Kern, seconded by Swenson, moved to adopt Resolution 96- 01 -02, A Resolution Approving Sewer Rate Increase Effective January 1, 1996. Carried 5 -0. • Page 5 - Minutes 01/08/96 • County Wide Equipment Sharing Study - Robertson reported on a proposal the City received for participation in a study on the feasibility of sharing the purchase of major equipment by local governments. The proposal requests funding to hire an intern at a rate of $10.00 per hour to both inventory the current equipment of Washington County governments and to determine what those governments unmet equipment needs are and how that equipment could be shared. Councilmember Swenson, seconded by Kern, moved to join the venture with the stipulation that cities have equal representation on the steering committee regardless of size. Carried 5 -0. Establish a Public Hearing Date - Transfer of Liquor License - Club Tara Inc. to Club Tara Supper Club, Inc. - Councilmember Kern, seconded by Swenson, moved to establish a Public Hearing Date of February 12, 1996. Carried 5 -0. Consent Agenda Process - Councilmember Schaaf, seconded by Swenson, moved to direct City Administrator Robertson to prepare a Consent Agenda as part of every regular meeting agenda. Carried 5 -0. The Consent Agenda will be the last item on the 6:30 agenda. 1996 Council Meeting Dates - Councilmember Robert, seconded by Kern, moved to approve the 1996 dates for Council meetings as presented . Robertson. Carried 5 -0. HRA Board Meeting - Councilmember Schaaf, seconded by Kern, moved to adjourn to the HRA Board meeting. Carried 5 -0. Mayor O'Neal opened the meeting for business. Hearing no business, Councilmember Schaaf, seconded by Swenson, moved that the City Council be appointed officers of the HRA Board and to adjourn the HRA Board meeting to the City Council meeting. Carried 5 -0. February Newsletter - Robertson presented a list of proposed articles for the February newsletter. Council requested the following articles be added to the list: An article on the increase in sewer and water rates, Family Violence Network information, and the proposed boat access. Middle St. Croix Joint Powers Agreement - Mayor O'Neal presented the Joint Powers Agreement. Councilmember Schaaf, seconded by Swenson, moved to adopt Resolution 96- 01 -03, A Resolution Approving the Middle St. Croix Joint Powers Agreement. Carried 5 -0. Perro Creek Study - Mayor O'Neal reported that the Middle St. Croix Watershed Management Organization is in the process of initiating a study to estimate the cost of establishing a pump outlet on Perro Pond. 111 Page 6 - Minutes 01/08/96 S Baytown Township Meeting - Mayor O'Neal suggested that a meeting be scheduled with Baytown Township to discuss the City's boundaries with Baytown Township before entering into discussion on the Comprehensive Plan for the City of Oak Park Heights. Mayor O'Neal said she would discuss the possibility of scheduling a joint meeting with Township Board members and report back to the Council regarding a tentative date. Public Hearin. - Draft EIS - Meetin. of the Metro.olitan Air..rt Commission - Robertson reported he had received a notice of public hearings on the draft EIS for the possibility of constructing a new Metro Area airport near Hastings. The meetings will be held on Wednesday, January 17th at Hastings Senior High School and Thursday, January 18, 1996 at the Washburn High School auditorium. The notice was posted in City Hall. Washington City Forum on Greater St. Paul - Robertson reminded the Council of the Washington County Elected Officials Forum scheduled for Thursday, January 25 at 4:30 p.m. Joint Meeting With the Bayport City Council - Robertson reminded the Council of the joint meeting with the Bayport City Council scheduled for Monday, January 29, 1996 at 7:00 p.m. at Bayport City Hall. Strategic Planning_Meeting - Council scheduled a Strategic Planning • Meeting Friday, March 1 and Saturday, March 2 at City Hall. Robertson was directed to draft an outline for the meeting. Official Portrait - Mayor O'Neal reminded Council of the need to have their individual official portraits taken. Gazette Article Regarding the St. Croix Valley Bridge - Mayor O'Neal noted a recent article in the Gazette by the Coalition Against the St. Croix Valley Bridge and expressed concern regarding the cost estimates used in the article. Councilmember Kern, seconded by Swenson, moved to direct Robertson to write the Coalition Against the Bridge, requesting they document the cost estimates they used. Carried 5 -0. Pay Bills: Councilmember Kern, seconded by Swenson, moved to approve the payment of bills and investments as presented. Carried 5 -0. Correspondence: Master Plan for the Lower St. Croix National Scenic Riverway - Mayor O'Neal noted that a meeting was scheduled on Tuesday, February 6, 1996 at Stillwater High School at 7:00 p.m regarding updating the Master Plan for the Lower St. Croix National Scenic Riverway. Page 7 - Minutes 01/08/96 40 Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn at 9:00 p.m. to a closed meeting. Carried 5 -0. Closed Meeting: Administrator Robertson updated Council on Police Union negotiations. City Attorney Vierling updated Council on pending litigation. Adjournment: Upon the end of the closed meeting, Councilmember Kern, seconded by Swenson, moved to adjourn at 9:21 p.m. Carried 5- 0. Respectfully submitted, 'j / Michael Robertson City Administrator III a