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HomeMy WebLinkAbout1995 Minutes CITY OF OAK PARK HEIGHTS 411 COUNCIL WORKSHOP MINUTES, MONDAY, DECEMBER 11, 1995 Call to Order: Deputy Mayor Kern opened the workshop at 5:30 p.m. Present: Councilmembers Robert and Swenson. Councilmember Schaaf arrived at 5:38 and Mayor O'Neal arrived at 5:43 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, and Tom Anderson of the City Engineer's office. Council Workshop - Proposed Fire Substation In attendance from Bayport were Mayor Schultz, Councilmembers Newell and Radke, City Administrator Hartung, Fire Chief Schwartz, Deputy Fire Chief Carmichael, and Assistant Fire Chief Bruchu. Hartung listed the equipment, personnel, and training estimates made by the fire department. He described them as "bare bones" estimates. They totaled $356,220. Schwartz described how the estimates were made. He also discussed a list of items that he knew would be needed in a fire station. He did not have a price estimate for that list. Discussion indicated the cost estimate for that list could be a range from $30,000 - $100,000. Robertson discussed building cost estimates from City Engineer Joe Anderlik. These estimates were $368,640 for a two bay station and $439,580 for a three bay station. These estimates did not cover furnishings, special construction, pre - fabrications, and conveyances. The estimates did also not cover architectural, engineering, legal, or other administrative costs. There was considerable discussion of various policy issues associated with this proposal. Among them; Cost vs Benefits - Robertson estimated that the cost of all items associated with a fire station would surely top one million dollars up front, plus increased operational costs. The amount Oak Park Heights is paying to Bayport for fire protection in 1996 is $54,000. There was a great deal of discussion of response time and what should be the optimum response time. Chief Schwartz noted that the response time on a recent call to the St. Croix Mall was four minutes from the time the alarm sounded until the fire truck arrived at the mall. Schwartz estimated that response time to the High School would be 2 to 2 -1/2 minutes longer. Schwartz estimated that a fire substation at the Oak Park Heights City Hall site would improve response time west of Oakgreen • Avenue but said it was difficult to estimate how much. Discussion indicated that the estimated improvements in response time varied from one to two minutes. Council discussed whether the cost was worth the improvement in response time. Schwartz said that he thought Council could achieve the same increase in response time if it funded full -time fire fighters at Bayport. 411 Benefits to Bayport - There was discussion of whether this would provide any benefits to Bayport. Fire Relief Pension - There was discussion over what effect this could have on the firefighters pensions and the Fire Aid received from the State. Future Trends - Mayor O'Neal noted that Council's reason for examining this issue was that the residential and commercial growth in the future will be west of Oakgreen Avenue. Chief Schwartz noted that many commercial buildings are now built with sprinkler systems and so are less vulnerable to fire. He said the High School has a sprinkler system to protect it. Medical Response - Schwartz noted that the increase in fire runs over the years is due to an increase in medical runs. The Fire Department provides first responder assistance, which means that fire fighters perform first aid to stabilize or keep people alive until the ambulance and the paramedics arrive. Mayor O'Neal noted that the Council had three possible choices; 1) To establish an independent fire department for Oak Park Heights. She noted this choice had always been rejected in the past because it was too costly. • 2) To construct a substation which would be jointly run with the Bayport Fire Department. 3) Maintain the City's current contract with the Bayport Fire Department. Council was in consensus to direct staff to continue putting cost estimates together, both for initial costs and operating costs, and to report back to Council when there was as full a picture as possible of the costs of each option. ADJOURNMENT: Mayor O'Neal adjourned the workshop at 6:50 p.m. Respectfully submitted, >// Mic ael Robertson City Administrator CITY OF OAK PARK HEIGHTS 111 COUNCIL MEETING MINUTES, MONDAY, DECEMBER 11, 1995 Call to Order: The meeting was called to order at 7:15 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling, City Planner Richards, and Tom Anderson from the City Engineer's office. Visitor Comments: There were no visitor comments. Department Reports: Administration - Administrator Robertson reported that the Perro Pond outlet has been closed as a result of ice build -up on Perro Creek and will most likely be closed for the rest of the winter. He reported that the Bayport may pump the pond if the water level gets too high. Parks - Councilmember Robert announced a vacancy on the Parks Commission. Interested applicants should contact Councilmember Robert or City Hall. Winter Park Attendants - Councilmember Robert reported that the hiring committee of Parks Supervisor Kellogg and two Parks Commission members interviewed potential winter Park Attendants. Councilmember Robert, seconded by Kern, moved to approve hiring • the Park Attendants recommended by the hiring committee. Carried 5 -0. Individual Park Planning Meetings - Councilmember Robert stated there will be four meetings scheduled by the Parks Commission to discuss future plans for the four City parks. Cover Park will be discussed at the January 16, 1996 Parks Commission meeting. Cable - Councilmember Swenson reported that a Cable budget will be available at the next Council meeting scheduled on January 8, 1996. Brown's Creek Watershed Board - Mayor O'Neal reported a vacancy on the Brown's Creek Watershed Board. Interested candidates should contact her. The next meeting of the Brown's Creek Board is on January 27, 1996. Unfinished Business: City Logo - Administrator Robertson presented seven possible new city logo designs. Council selected two designs, but requested "Tree City USA" be added to the logo and that the leaf be re- designed to look more like an oak tree leaf. Council will discuss the proposed city logo at the next Council meeting scheduled on January 8, 1996. Page 2 - Minutes 12/11/95 411 City Council Meeting Scheduled December 25, 1995 - Councilmember Swenson, seconded by Schaaf, moved to cancel the City Council meeting scheduled Monday, December 25, 1995. Carried 5 -0. ADA Plans & Specifications - Thomas Anderson from the City Engineer's office presented cost estimates for ADA improvements to City Hall, Brekke Park, and Valley View Park. Anderson reported that $30,000 of the $51,430.00 estimate is for a combination visual /auditory fire alarm system for City Hall. Administrator Robertson noted that Building Inspector Butler had not finished reviewing the plans but thought the costs could be reduced. Councilmember Robert requested Anderson to revise ADA cost estimate to include the cost of making ADA improvements to Cover Park. Councilmember Kern, seconded by Schaaf, moved to table discussion until the January 8, 1996 Council meeting to allow the City Engineer to revise the ADA improvement cost estimate to include Cover Park. Carried 5 -0. Proposed 1996 Employee Salaries - Councilmember Kern, seconded by Swenson, moved to reconsider motion to open discussion regarding 1996 salary increases. Carried 3 -2, Robert and Schaaf opposed. Councilmember Swenson said that he would favor the original recommendation of the City Administrator for 1996 salaries. • Councilmember Kern, seconded by Swenson, moved to approve 1996 employee salaries as recommended by Administrator Robertson, either a 4.3%, 3.8%, or 0% increase. Carried 3 -2, Robert & Schaaf opposed. Re_ol i•n 9 -12 -52 - Ad..t 19•6 Tax Lev - Councilmember Swenson, seconded by Kern, moved to adopt resolution 95- 12 -52, A Resolution Approving the 1996 General Fund Levy for City of Oak Park Heights in the Amount of $1,367,545. Carried 5 -0. Resolution 95 -12 -53 - Adopt 1996 Budget - Councilmember Schaaf, seconded by Kern, moved to adopt resolution 95- 12 -53, A Resolution Approving the 1996 Budget of $1,950,605. Carried 5 -0. Brown's Creek Joint Powers Agreement - Robertson reported that Brown's Creek has not replied to the letter regarding issues with the proposed Brown's Creek Joint Powers Agreement raised by City Attorney Vierling. Mayor O'Neal recommended tabling this issue until Browns Creek hires an attorney. • Page 3 - Minutes 12/11/95 Update on Design Review Committee - Councilmember Robert reported 111 Update the Design Review Committee met and recommended that if the St. Croix River Bridge is made of steel it be painted blue /gray. If the bridge is made of concrete, the Design Review Committee recommended it be left its natural color. The next meeting will be held Wednesday, December 20, 1995 at 7:00 p.m. at Stillwater City Hall. Mayor O'Neal expressed appreciation to Councilmember Robert for her work on the Design Review Committee. Boat Access Meeting - Councilmember Robert reported on a recent meeting regarding the proposed boat access under the new bridge. The DNR will be submitting a proposal for everyone involved to review. Baytown Comprehensive Plan Report - City Planner Richards reported that the Baytown Comprehensive Plan does not address issues related to its common boundary with the City and does not provide direction for possible future annexations to the City. Robertson said that Baytown has scheduled a meeting with its planner to discuss all the public comments they received. Council tabled discussion until issues raised by Richards are addressed by Baytown. Screaton Property - Request for Annexation - City Planner Richards reported that David Screaton has again requested annexation of his 48.9 acre parcel on the west side of Highway 5 • within Baytown Township. Councilmember Schaaf, seconded by Robert, moved to reject Screaton's request for annexation and recommend that the Screatons should take the lead in organizing other property owners to their north that may be favorable to annexation at some date in the future and begin dialog with Baytown Township about an orderly annexation agreement. Carried 5 -0. Applebee's Parking - Councilmember Robert stated her concern regarding Applebee's customers and employees parking on the street in front of Applebee's. City Planner Richards said that the parking lot was built to City standards for restaurants and that the streets are public and at this point can be used for parking. Administrator Robertson said that he has discussed this problem with Applebee's and they expect that their business will slow down after a couple months. He suggested Council review the matter in the spring, and if necessary the terms of Applebee's CUP could be changed when it comes due next year. Review Minutes - November 27, 1995: Councilmember Robert, seconded by Schaaf, moved to approve minutes of November 27, 1995. Carried 4 -0, Kern abstaining. Review Minutes - November 29, 1995: Councilmember Robert, seconded by Schaaf, moved to approve minutes of November 29, 411 1995. Carried 4 -0, Kern abstaining. Page 4 - Minutes 12/11/95 . Public Hearings: Proposed Goose Removal - Mayor O'Neal opened the public hearing at 7:39 p.m. In attendance were Professor James Cooper of the University of Minnesota, Brent and Terry Curtis of 14174 53rd Street, Sara Jackson of 14033 53rd Street, Lois Hall of 14201 53rd Street, Dave Roloff of 14196 53rd Street, Carla Boyd of 14200 Upper 54th Street, and William Kane of 5324 Ojibway North. Professor Cooper explained the State Goose Removal Program and presented information to the Council regarding controlling the Canadian Geese population. Cooper estimated the cost to remove the geese to be $700 per year. Cooper said that this should be done once a year for four years and then every two years thereafter. This type of program reduces the goose population by 75% to 90 %. Cooper noted that no other State will accept Canadian Geese now so when the geese are caught they are slaughtered and the meat is given to local area food shelves. Professor Cooper also said that an adult goose produces approximately four pounds of droppings per day. He said the droppings are not toxic but that they can raise the phosphorous levels of ponds and streams. He discussed various fencing options that could keep geese away from sites. Mr. Kane stated his opposition to removing the geese from his • neighborhood. Mr. Roloff stated his opposition to any removals. He said he feeds corn to the geese and that they are only there for a couple of months a year. Ms. Boyd said she was opposed to removal of the geese and suggesting working on an alternative such as cleaning up the droppings. Ms. Curtis reported the she enjoys the geese and does not support the Goose Removal Program. Ms. Curtis asked where the source of funding would come from for the Goose Removal Program. Mayor O'Neal said that it would be City tax money. Ms. Jackson stated that she likes the geese and would not like them removed from the neighborhood. She said she thought younger kids would be happy to be paid to clean up after the geese. Ms. Hall said that the geese has caused numerous problems on her property, from their droppings to eating her garden to occasionally attacking her family. Ms. Hall has contacted the DNR but has not found their suggestions effective in controlling the goose population. She said the geese just flew over a fence they put up. She said she did not want all the geese killed but would like their numbers reduced. Page 5 - Minutes 12/11/95 III Mayor O'Neal asked if the neighbors would be willing to work with the Halls, Dr. Cooper, and City staff to come up with a solution such as a fence that would keep them away from the Halls without killing them. There were no objections to this suggestion. Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 9:00 p.m. and direct staff to work with the above mentioned groups and bring a solution to the Council by March 1, 1996. Carried 5 -0. Stillwater Ford - Request for Conditional Use Permit, Variance, and Re- Zoning - Mayor O'Neal opened the public hearing at 9:01 p.m. Richard Kadrie and George McGuire from Stillwater Ford were present to answer questions. Robertson noted there was no need for a side yard variance between the two lots because the City required the two lots to be combined. Kadrie made no objection to that condition. Kadrie discussed concerns regarding landscaping, grading and drainage, and curbing requirements. Robertson noted that the landscaping requirements would not have to be met until the spring of 1996. Hearing no further comments, Councilmember Schaaf, seconded by Kern, moved to close the public hearing at 9:19 p.m. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to approve the request for Conditional Use Permit and Re- Zoning, contingent upon their meeting the conditions outlined in staff's report, with the drainage and curbing conditions to be modified if agreeable to • the City Engineer. Carried 5 -0. Ordinance 95- 402 -04 - An Ordinance Amending Chapter 402, Section 402.07 of the Code of Ordinances of the City of Oak Park Heights to add a Section 402.07, Subdivision H Relating to Building Permit Issuance - Mayor O'Neal opened the public hearing at 9:20 p.m. Hearing no public comments, Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 9:22 p.m. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to adopt resolution 95- 402 -04, a Resolution Amending Chapter 402, Section 402.07 of the Code of Ordinances of the City of Oak Park Heights to add a Section 402.07, Subdivision H Relating to Building Permit Issuance. Carried 5 -0. 111 Page 6 - Minutes 12/11/95 111 Ordinance 95- 207 -05 - An Ordinance Establishing a Four Year Term for the Office of Mayor within the City of Oak Park Heights, effective January 1, 1997 - Mayor O'Neal opened the Pubic hearing at 9:23 p.m. In attendance was Mary Sharbono of 14630 57th Street North. Sharbono said she was opposed to establishing a four year term for the office of Mayor. She said the two year term had worked just fine in the past. Hearing no further comment, Councilmember Schaaf, Swenson second, moved to close the public hearing at 9:25 p.m. Carried 5 -0. Councilmember Swenson asked if there could be a citizen referendum on this issue. City Attorney Vierling said that per Minnesota State Attorney General's opinion this is not a referendum issue Councilmember Kern, seconded by Robert, moved to adopt resolution 95- 207 -05, An Ordinance Establishing a Four Year Term for the Office of Mayor within the City of Oak Park Heights. Carried 3- 2, Councilmembers Schaaf and Swenson opposed. New Business: Resolution 95 -12 -54 - Adopting Goals to Implement the Livable • Communities Act - City Planner Richards reported that the city meets the affordable and life cycle requirements as set by the Metropolitan Council. Mayor O'Neal said the City would develop a plan by June 30, 1996 indicating the actions it will take to implement the Livable Communities goals. Councilmember Kern, seconded by Schaaf, moved to adopt Resolution 95- 12 -54, A Resolution Adopting Metropolitan Livable Communities Act Housing Goals for Affordable and Life Cycle Housing. Carried 5 -0. Junker Sanitation - Request to Change Garbage Pickup Day for Oak Park Heights to Thursdays - Jeff Glewwe, General Manager for Junker Sanitation, was present to answer questions. He explained that the request was due to a desire to consolidate all their routes within the City limits to one day's pickup. He also noted that residents could bring their plastics to the Mahtomedi site for recycling. He said they are currently buying new trucks for plastics recycling and hope to start curb side plastics pickup sometime next year. Councilmember Swenson, seconded by Schaaf, moved to approve changing garbage pickup day for Oak Park Heights from Friday to Thursday, effective January 11th, 1996. Carried 5 -0. Councilmember Schaaf left the meeting at 9:59 p.m. Request for Payment - Novak Avenue Improvement - Danner, Inc. - 52,076.91 - Councilmember Swenson, seconded by Kern, moved to • approve the request for payment of $52,076.91 to Danner, Inc. Carried 4 -0. Page 7 - Minutes 12/11/95 • Resolution 95 -12 -55 - A Resolution Authorizing Fund Transfers - Councilmember Kern, seconded by Robert, moved to adopt resolution 95- 12 -55, a Resolution Authorizing Fund Transfers. Carried 4 -0. Resolution 95 -12 -56 - A Resolution Authorizing 1995 Budget Transfers - Councilmember Swenson, seconded by Kern, moved to adopt resolution 95- 12 -56, A Resolution Authorizing Budget Transfers. Carried 4 -0. Jerry's Auto Detail - Request for Variance - Establish a Public Hearing Date - Councilmember Kern, seconded by Swenson, moved to establish a public hearing date for request for Jerry's Auto Detail on January 8, 1996. Carried 4 -0. Resolution 95 -12 -57 - A Resolution Approving Walmart Cigarette & Amusement Licenses - Councilmember Kern, seconded by Robert, moved to adopt resolution 95- 12 -57, A Resolution to approve Walmart Cigarette and Amusement Licenses. Carried 4 -0. Resolution 95 -12 -58 - A Resolution Approving Request for Gambling Premises Permit - VFW Post 323 - 5880 Omaha Avenue - Councilmember Kern, seconded by Swenson, moved to adopt resolution 95- 12 -58, A Resolution Approving Request for Gambling Premises Permit -VFW Post 323. Carried 4 -0. City Administrator Review - Council was in consensus to conduct City Administrator Robertson's six month review in January 1996. Pay Bills: Councilmember Kern, seconded by Robert, moved to pay bills and investments. Carried 4 -0. Correspondence: Letter from Sheriff Frank - Washington County Communication Plan - Sheriff Frank is requesting volunteers to serve on a committee comprised of people from all types of government agencies throughout the County to plan for a new county -wide radio system. An organizational meeting was held December 7, 1995. Robertson was directed to have Police Chief Swanson report on the organizational meeting. Letter from St. Croix Valley Press - The St. Croix Valley Press is requesting that the City of Oak Park Heights consider them as the City's designated newspaper for 1996. Council will discuss this as part of it's first meeting in January, 1996. Letter from Stillwater Area School District Partnership Plan - Mayor O'Neal presented a letter from Stillwater Area School regarding the Partnership Plan Holiday Gift contribution program. • Page 8 - Minutes 12/11/95 • Ace Hardware - Mayor O'Neal reported that Ace Hardware of Oak Park Heights was named the #1 Ace Hardware store in the nation. Mayor O'Neal signed a letter congratulating Ace Hardware on their accomplishment. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn at 10:10 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 Robert, seconded by Kern, moved to adjourn at 10:29 p.m. Carried 4 -0. Respectfully submitted, V/ / ichael Robertson City Administrator • 411 • CITY OF OAK PARK HEIGHTS TRUTH IN TAXATION HEARING MINUTES, WEDNESDAY, NOVEMBER 29, 1995 Call to Order: The Hearing was called to order at 7:03 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 City Auditor Mol. Mayor O'Neal welcomed the audience and asked City Auditor Mol to discuss the City's tax levy. Mol discussed the elements that made up a tax levy. He noted that the City Council was not increasing the tax levy, and that if people did not experience an increase in the market value of their property that they would not experience an increase in the City portion of their taxes. Mol further noted that based on information he received from Washington County that the County and School tax rates are being reduced, so that Oak Park Heights residents who do not experience market value increases should actually see their taxes going down. Mol compared Oak Park Heights' tax rate to the surrounding cities of Stillwater, Bayport, and Lake Elmo. He noted that compared to Oak Park Heights Lake Elmo was approximately 2% higher, • Stillwater was approximately 8% higher, and Bayport was approximately 13% higher. Don Hammer, 15425 Upper 59th Street, noted that he was being displaced by the New St. Croix River Bridge. He said that he had been looking at properties in the area and he had found that Oak Park Heights' taxes were less than surrounding areas. Mayor O'Neal noted that the water and sewer rates were lower as well. Hearing no further comments, Councilmember Schaaf, seconded by Swenson, moved to close the hearing at 7:47 p.m. Carried 4 -0. Councilmember Schaaf, seconded by Robert, moved to waive the continuation Truth -in- Taxation Hearing, and noted that final action on the proposed 1996 Tax Levy and Budget would be taken at the Council meeting of Monday, December 11, 1995. Carried 4 -0. Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn at 7:49 p.m. Carried 4 -0. Respectfully submitted, • " Vii, / . %�����`�,,,���/ Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS • COUNCIL MEETING MINUTES, MONDAY, NOVEMBER 27, 1995 Call to Order: The meeting was called to order at 6:40 p.m. by Mayor O'Neal. Present: Councilmembers Robert, Schaaf, and Swenson. Absent: Councilmember Kern. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Visitor Comments: There were no visitor comments. Department Reports: Police Department - Police Chief Swanson reported that the Police Department will be conducting compliance checks in regards to minors purchasing alcohol or cigarettes. Swanson noted the Safe and Sober Program will run between December 15, 1995 and January 2, 1996. The Police Departments of the participating communities will implement a DWI checkpoint saturation for two weeks. Swanson reported that a press release was distributed to Washington County newspapers. The Safe and Sober Program is federally funded program with additional money coming from the Minnesota Highway Department. Swanson also noted that he will be requesting approval for a • budget transfer at the next City Council meeting. The transfer will allow him to purchase equipment for a squad car. Cable - City Administrator Robertson reported on a letter that was received from the Joint Cable Commission requesting one citizen representative and one elected official from each community to be on the board. Oak Park Heights board members are Jack Doerr, citizen representative, and Mark Swenson, City Councilmember. Administration - Council directed Robertson to purchase new chairs similar to the chairs from Stillwater City Hall for the Council Chambers. Garden Club - Councilmember Robert reported there will not be a Garden Club meeting in December. Recognition of Sergeant Dick Jorgenson - Mayor O'Neal recognized Sergeant Dick Jorgenson for 25 years of service to the City of Oak Park Heights. Sergeant Jorgenson was presented a watch as a token of recognition for his contributions to the City. Unfinished Business: City Logo - City Administrator Robertson reported there has been no action regarding a new city logo. He will have a recommendation at the Council meeting scheduled for December 11, • 1995. Page 2 - Minutes 11/27/95 • Park Dedication Fees - City Planner Richards reported on the results of the study completed by Northwest Associated Consultants regarding Park Dedication Fees. Richards reported that no metro area community has specifically studied how to change their park dedication process in light of recent U.S. Supreme Court decisions. Richards requested Council allow city staff to compile additional information on Park Dedication Fees. Councilmember Schaaf, seconded by Robert, moved to table discussion on Park Dedication Fees until the City Council meeting on January 8, 1995. Carried 4 -0. Proposed Fire Substation - Councilmember Schaaf, seconded by Swenson, moved to set a workshop to discuss the proposed Fire Substation cost estimates for Monday, December 11, 1995, at 5:30 p.m. Carried 4 -0. Proposed Changes in Brown's Creek Joint Powers - Council discussed the proposed changes in the Brown's Creek Joint Powers agreement. Council reviewed City Attorney Vierling's memo noting concerns regarding ambiguous language in the agreement. Councilmember Swenson, seconded by Schaaf, moved to table discussion on changes in the Brown's Creek Joint Powers Agreement until the December 11 Council meeting, and directed Robertson to send a letter to the Brown's Creek Board asking that they address • the Concerns raised by Vierling. Carried 4 -0. Proposed 1996 Salaries - Mayor O'Neal, seconded by Swenson, moved to reconsider previous approval of 1996 employee salaries. Motion failed 2 -2, Schaaf and Robert opposed. Councilmember Swenson, seconded by Schaaf, moved to suspend parliamentary rules so as to discuss the issue. Carried 4 -0. Councilmember Swenson said that he would favor the original recommendation of the City Administrator for 1996 salaries. After discussion, Council was in consensus that the issue would be discussed at the December 11 Council meeting. Mayoral Term - Mayor O'Neal requested consideration be given to extending the mayoral term from two years to four years, starting after the next election. City Attorney Vierling advised Council to hold a public hearing on the issue in December and then vote in January. Councilmember Swenson, seconded by Schaaf, moved to set a public hearing date on December 11, 1995 to discuss extending the mayoral term from two years to four years. Carried 4 -0. Review Minutes - November 6, 1995: Councilmember Schaaf, seconded by Robert, moved to approve minutes as presented. Carried 4 -0. Review Minutes - November 13, 1995: • Councilmember Swenson, seconded by Robert, moved to approve minutes as presented. Carried 4 -0. Page 3 - Minutes 11/27/95 • Public Hearings: Request for Variance - Robert & Lydia Wood - 15075 65th Street North - City Administrator Robertson reported the Woods have asked that their request be tabled until the City Council Meeting of January 22, 1996. Councilmember Schaaf, seconded by Swenson, moved to table the public hearing on the request for variance for Robert and Lydia Wood until January 22, 1996. Carried 4 -0. Request for Variance - James Bonse - 14775 Upper 55th Street North - Mayor O'Neal opened public hearing at 7:42 p.m. James Bonse was present and requested a variance to construct a garage 208 square feet larger than allowed by City ordinance. Bonse said that the larger garage would allow him to park his trucks in his garage, therefore removing them from his driveway or the street. Hearing no further comments, Councilmember Swenson, seconded by Schaaf, moved to close the public hearing at 7:46 p.m. Carried 4 -0. Councilmember Swenson, seconded by Schaaf, moved to approve the variance to construct a larger than allowed garage to James Bonse of 14775 Upper 55th Street for reasons of neighborhood improvement by removal of the metal pole building and the addition of a wood garage. Carried 4 -0. New Business: Stillwater Ford - Request for Rezoning and Conditional Use Permit • - Establish a Public Hearing - Tom Palme, George McGuire, and Dick Kadrie from Stillwater Ford were present to request a public hearing date be set to approve a Conditional Use Permit and a Rezoning. City staff said that the information provided was sufficient that staff reports could be ready within two weeks. Councilmember Schaaf, seconded by Robert, to set a public hearing date for December 11, 1995. Carried 4 -0. Proposed County Road Turnbacks - Robertson said that he had received official notice from Washington County Public Works that the County wished to turn back roads to the City. Robertson and Councilmember Robert noted that they were opposed to Washington County's proposal because they thought it had little benefit for the City. Council directed Robertson to schedule a meeting to discuss this issue with Washington County. • Page 4 - Minutes 11/27/95 • Request for Commercial Vehicle Ordinance - Councilmember Robert expressed concern regarding the parking of large commercial trucks and trailers in residential neighborhoods. She suggested to Council that there be an ordinance specifically excluding commercial vehicles from being parked in residential neighborhoods. She noted she was not trying to exclude recreational vehicles. Councilmember Swenson said that some non- commercial vehicles have commercial licenses. He noted that his boat trailer has a commercial license because of its size. After discussion Council was in consensus that most commercial vehicles are being parked as part of home occupations, and enforcement of the home occupation ordinance should be the way to deal with them. Robertson noted that the home occupation ordinance is currently enforced on a complaint basis. Council was in consensus that this would continue and that Council would review the issue if this does not solve the problem. Robertson was directed to keep the Council informed regarding home occupation complaints. Request for Payment - 1995 Street Reconstruction Project - Tower Asphalt - 5114,457.99. - City Engineer Anderlik noted that the City still retains approximately $50,000 of Tower's money and that if all items are not finished the City can use that money to finish them itself. Councilmember Schaaf, seconded by Robert, • moved to approve payment of $114,457.99. Carried 4 -0. Request for Payment - Autumn Ridge 2nd Edition - Ryan Consulting - 8276,123.48. - Councilmember Schaaf, seconded by Swenson, moved to approve payment of $276,123.48. Carried 4 -0. Request for Payment - 58th Street Improvement - Tower Asphalt - $49,263.15. - Councilmember Swenson, seconded by Schaaf, moved to approved payment of $49,263.15. Carried 4 -0. Request for Gambling Premises Permit - Hockey Association - Millroad Inn - 15506 59th Street North - Councilmember Swenson, seconded by Schaaf, moved to adopt resolution 95- 11 -50, A Resolution Approving the Gambling Premises Permit Renewal Application for the Hockey Association. Carried 4 -0. Approve Annual Liquor, Cigarette, and Amusement Licenses - Councilmember Swenson, seconded by Schaaf, moved to adopt resolution 95- 11 -51, A Resolution Approving Annual Liquor, Cigarette, and Amusement Licenses. Carried 4 -0. Renewal of Kennel License - Mary Kay Voight and Michael Moller - 14316 Upper 56th Street - Councilmember Swenson, seconded by Schaaf, moved to approve renewal of the Kennel License for Mary Kay Voight and Michael Moller. Carried 4 -0. i Page 5 - Minutes 11/27/95 • Correspondence: Letter from the Washington Board of Commissioners - Mayor O'Neal reported that Washington County Board of Commissioners appointed Dr. David Bucheck to the Valley Branch Watershed District Board to fill an unexpired term to November 13, 1996. Letter from NSP to MPCA - Robertson noted that NSP has applied for permit reissuance for the NSP A.S. King Ash Disposal Facility, Permit SW -54. Letter from David Screaton Regarding Annexation of Land - Council discussed the request by David Screaton to annex his land that is southwest of the Stillwater Area High School. Baytown Comprehensive Plan - Council discussed an official response to Baytown regarding their Comprehensive Plan. Robertson was directed to write a letter to Baytown asking them to address annexation for a few specific properties and to address the recreational needs of township residents. Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn at 8:35 p.m. Carried 4 -0. Respectfully submitted, /,- Michael ' obertson City Administrator • • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, NOVEMBER 13, 1995 Call to Order: The meeting was called to order at 7:15 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Schaaf. Absent: Councilmember Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Engineer Anderlik. Visitor Comments: No visitors were present. Department Reports: Police - Police Chief Swanson thanked the Council for authorization to purchase a new squad car. Chief Swanson reported that he plans to keep the older squad car to use during day patrol and as a backup if one of the other squad cars is out for repair. Swanson reported that the cost for a mobile radar unit is $13,000. Swanson recommended the City not purchase a mobile radar unit, as it is more effective if used infrequently. He recommended that the City just borrow the unit from the State occasionally for its use. He noted that the four agencies involved in the Safe and Sober Federal Grant Program, Washington County, Oak Park Heights, Stillwater, and Forest Lake had • discussed buying and sharing a mobile radar unit using part of the grant money. Swanson said that would reduce the costs to $1,500 per agency. Swanson reported that a neighborhood watch meeting was held and residents asked to start a McGruff Safewatch Program. Swanson said he has applied for information regarding placing McGruff stickers on City vehicles. Swanson reported that he will purchase opticom sensors for squad cars in 1996. Utilities - Administrator Robertson reported on a minor water leak in a line running east from Club Tara to Lower Oak Park Heights. Repairs will begin November 14, 1995. Newsletter - Robertson reported that the City Newsletter will be mailed out this week. League Policy Adoption Meeting - Robertson reported that Councilmember Robert and Mayor O'Neal will be attending League of Minnesota Cities Policy Adoption Meeting on Friday, November 17, 1995. • Page 2 - Minutes 11/13/95 • Unfinished Business: Cooperation Study Meeting - Robertson reported on the Cooperation Study being done with the City of Bayport. He said the next step would be for a joint meeting of both Councils to discuss the draft of the Cooperation Study Report. Councilmember Schaaf, seconded by Kern, moved to set a date for a workshop meeting with Bayport City Council on Monday, January 29 at 7:00 p.m. at Bayport City Hall. Motion carried 4 -0. Brown's Creek WMO - Mayor O'Neal reported that the next Brown's Creek WMO meeting will be held Wednesday, November 15, 1995. She said that meetings for Brown's Creek will be held monthly rather than quarterly in future. This means that she will be unable to be the City's representative in the future. A new representative and one alternate will need to be appointed. Interested parties are encouraged to apply at City Hall. This is a three -year appointment, and representatives do not need to be elected. City Logo - Robertson updated Council on progress for a new City logo. A final report is scheduled for December 11, 1995 Council meeting. Proposed Fire Substation Access Study - City Engineer Anderlik has reviewed three alternatives to the proposed fire substation access road. The alternatives ranged in cost from $46,000 to • $95,000, not including the costs of acquisition of land. Anderlik recommended alternate III as the most cost effective because it cost the least and required the least amount of land acquisition. He also said it would cause the least amount of disruption to the neighborhood. Anderlik recommended a 28 foot wide road with curb and gutter. There was considerable discussion as to whether or not the road should be a through street for public traffic or if it should be restricted to emergency vehicles only. Council was in consensus to discuss the issue further at its workshop on the fire station on December 11, 1995. Park Dedication Fees - Robertson reported that City Planner Scott Richards has found several metro area communities that have either completed or are in process of doing studies on park dedication fees. Richards will report on this issue at the Council Meeting on November 27, 1995. • Page 3 - Minutes 11/13/95 • Update on Design Review Committee - Councilmember Robert reported on MNDOT's plan for the South Frontage Road between Club Tara and 59th Street. MNDOT is planning a six foot shoulder with curb and gutter, and an eight foot separated bike trail. City Engineer Anderlik recommended that the Council require MNDOT to maintain a consistent design from Osgood Avenue to Stagecoach Trail. Council agreed with the City Engineer and Councilmember Robert said that she would pass the directive on to MNDOT. Boat Access - Councilmember Robert reported on DNR's interest in putting in a boat access as part of the new bridge construction. It is MNDOT's desire that the City would take over maintenance of the access road to the boat access after it is constructed. Councilmember Robert said that DNR would submit a proposal for all parties involved in this issue to review. Color of Bridge - Councilmember Robert reported that the Design Review Committee has reached a consensus for the color of the bridge to be blue /gray. Review Minutes - October 23, 1995 and October 30, 1995: Councilmember Kern, seconded by Councilmember Robert, moved to approve both minutes as presented. Carried 4 -0. New Business: Resolution 95 -11 -48 - A Resolution Establishing Practices • Regarding Development Agreement Compliance with Lot Design Standards. Councilmember Kern, seconded by Schaaf, moved to adopt Resolution 95- 11 -48. Carried 4 -0. Ordinance 95- 402 -04 - An Ordinance Amending Chapter 402, Section 402.07 of the Code of Ordinances of the City of Oak Park Heights to add a Section 402.07, Subdivision H relating to Building Permit Issuance. Councilmember Kern, seconded by Schaaf, moved to set a public hearing date for Ordinance 95- 402 -04 for Monday, December 11, 1995. Carried 4 -0. Request for Home Occupation Permit - Chuck Marshall - 5272 Stagecoach Trail - Establish a Public Hearing Date - City Administrator Robertson reported Mr. Marshall did not complete an application for a Home Occupation Permit. City Attorney Vierling recommended the application be completed before a public hearing date was set. Robertson was directed to communicate this to Mr. Marshall. 1995 Budget Transfers - Councilmember Kern, seconded by Schaaf, moved to approve 1995 budget transfers. Carried 4 -0. Proposed Changes in Brown's Creek Joint Powers Agreement - City Attorney Vierling requested discussion of agreement be tabled until November 27, 1995. Councilmember Kern, seconded by Schaaf, • moved to table discussion on the proposal until Monday, November 27, 1995. Carried 4 -0. Page 4 - Minutes 11/13/95 411 Pay Bills: Councilmember Kern, seconded by Robert, moved to approve payment of bills as presented. Carried 4 -0. Correspondence: City Engineer Letter to MNDOT - Council discussed the City Engineer's recommendations to MNDOT regarding City utility changes that will have to be made as part of bridge and highway construction. Sister City Program - Mayor O'Neal reported that the City Council has been invited by the Mayor of St. Cloud to attend a Sister City Program in St. Cloud. Met Council - Mayor O'Neal reported on the Metropolitan Council's solicitation process for Federal ISTEA Funds. School of Excellence - Mayor O'Neal noted that Mpls -St. Paul magazine had named Stillwater Area High School one of its "Schools of Excellence." Adjournment: Councilmember Kern, seconded by Robert, moved to adjourn at 8:35 p.m. to a closed meeting for an update on union negotiations. Carried 4 -0. Councilmember Kern, seconded by Robert, moved to adjourn at 8:55 • p.m. upon completion of the closed meeting. Carried 4 -0. Respectfully submitted, r ael Robertson City Administrator • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, MONDAY, NOVEMBER 6, 1995 Call to Order: The workshop was called to order at 7:30 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Absent: Councilmember Schaaf. Staff Present: City Administrator Robertson. New St. Croix Bridge Update - Mark Benson, MNDOT Preliminary Design Engineer, reported that MNDOT has begun testing for the foundation for the bridge. Testing is being performed on the shoreline of the river and in the river to ensure maximum safety of the bridge piers. Mark Benson reported three new properties have been acquired with three or four more in the process of negotiations. Council requested updated listings of property acquired by MNDOT. Beach Road Re- alignment - Mark Benson presented three different plans for re- aligning Beach Road after the Beach Road overpass is removed. City Engineer Joe Anderlik, in a letter dated November 2, 1995, recommended against a plan for connecting Lookout Trail directly to the North Frontage Road because it would cause too much traffic on Lookout Trail. Anderlik said that the other two plans were equal in that they both had pros and cons. • After discussion Council was in consensus that the originally proposed design for Beach Road was the most acceptable because they could tolerate a steeper grade better than a serpentine alignment. Scenic Overlook Signage - Dave Beaudet, 11190 12th Street North, Lake Elmo, MN expressed concern that scenic overlook signing on Highway 95 has been neglected. Councilmember Robert noted that scenic overlook signing should not be located in residential neighborhoods. Benson said that signage would be placed on Highway 95. South Frontage Road Construction Date - MNDOT would like to construct the South Frontage Road from Club Tara to 59th Street in 1998 rather than 1999 to assist with traffic staging. Council was in consensus that they had no objections to moving the South Frontage Road construction date from 1999 to 1998. Excavation of NSP Site - Mark Benson asked what the City's permit requirements were for the removal of slag and fly ash from NSP's site. Robertson said that MNDOT is required to apply for a Conditional Use Permit the same as any other excavation operation, and that a public hearing would be held before the permit was issued. Councilmembers presented some concerns regarding excavation including truck routes in and out of the • area, hours of operation, and protection of Perro Pond. Benson said that there would be on -site ponding of stormwater run -off which would be monitored during excavation. PAGE 2 - MINUTES 11/06/95 • Design Review Information - Councilmember Robert discussed the landscape concept plan for Highway 36. The Design Review Committee reviewed a variety of options for grasses, trees, flowers, and shrubs for highway landscaping. Councilmember Robert reported that some business owners have expressed objection to the perennial landscape option. Council was in consensus that they preferred the use of perennials and ground cover beds. Benson stated that it is MNDOT's preference to wait one year after all road work is completed before starting the landscape project. Scenic Overlook - The location of the three scenic overlooks on the bridge was discussed. Council preferred that one scenic overlook be located near the entrance of the bridge. Historical Marker - Councilmember Robert was in touch with the Minnesota Geological Survey regarding restoration of the historical marker. Retaining Wall - The color of the retaining wall was discussed. Benson said that the color of retaining wall was up to the Council to decide, not the Design Review Committee. Lighting - Dave Beaudet, 11190 12th Street North, Lake Elmo, MN • expressed concern about the proposed lighting on the bridge. He said that if the bridge were not lighted it would be less noticeable during the night. Councilmember Robert said that some of her constituents were concerned about light pollution in the river valley. Mark Benson stated that MNDOT is in favor of full roadway lighting, and that their intention is to light the Highway 36 corridor from the Highway 5 bridge up to the new St. Croix River bridge with 40 foot poles, and then use 30 foot poles on the bridge with a sharp cutoff feature which diminishes the glow of the light. Lookout Trail Reconstruction - Benson said that MNDOT plans to reconstruct Lookout Trail so that each traffic lane is one foot wider than now, with three feet of bituminous shoulder on the east side of Lookout Trail from Beach Road down to Highway 95. MNDOT will also put a gravel shoulder on the west side of Lookout Trail. • PAGE 3 - MINUTES 11/06/95 Color of Bridge - Councilmembers reviewed color options for the concrete and steel girders on the bridge. Pictures were presented with seven different colors and both summer and winter views. Benson thanked Councilmember Robert for all the hard work and time spent on the Design Review Committee. Roadway Turnbacks - Benson reported that MNDOT wants to turn over responsibility for maintenance of the frontage roads from the State to the City in the future. Robertson said that the Memorandum of Understanding the City signed with MNDOT agreed that was a point to discuss in the future. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn at 9:15 p.m. Carried 4 -0. Respectfully submitted, Michael Robertson City Administrator • • CITY OF OAK PARK HEIGHTS • SPECIAL COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 30, 1995 Call to Order: The special meeting was called to order at 7:00 p.m. by Deputy Mayor Kern. Present: Councilmembers Robert & Schaaf. Councilmember Swenson arrived at 8:18 p.m. Absent: Mayor O'Neal. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Engineer Anderlik. 1995 Street Reconstruction Assessment Hearing - Deputy Mayor Kern opened the Assessment Hearing at 7:00. Deputy Mayor Kern noted that Mayor O'Neal was sick with the flu and Councilmember Swenson was absent on a fire call. The following people were present for the meeting. Bill & Millie Hinzman 5593 O'Brien Avenue Bill Shelton 5919 Oldfield Avenue Dan & Faye Thomas 14258 56th Street Phyllis Dahl 5665 Omaha Avenue Wesley Underhill 14508 57th Street Shirley Nyberg 14595 57th Street Joseph Carufel 14625 57th Street Jack Doerr 14520 Upper 56th Street Mary Buckley 5860 Oldfield Avenue Kathleen Maynard 14535 Upper 56th Street • Pamela Mitchell Holm 14551 Upper 56th Street Lee & Sandy Gramenz 5663 O'Brien Avenue Doug Schoenborn 5683 O'Brien Avenue John Low 1458 Ridge Road New Richmond James Bibeau 5685 Oldfield Avenue Mike Knutson 14315 56th Street Jeanne & Dean Hargrave 14401 Upper 56th Street Allen Gosselin 5554 O'Brien Avenue In response to questions, City Engineer Anderlik explained that slightly less than half of the cost of the Street Reconstruction will be assessed to benefiting property owners. The remainder will be paid through tax levies. Anderlik said that construction costs for the project had come in under the original estimate. Councilmember Robert noted the lower costs had occurred mainly in items such as storm sewer and utility repairs, which the City had not planned to assess property owners for from the beginning of the project. Anderlik said that was the reason he recommended no change in the proposed assessment. • Page 2 - Minutes 10/30/95 Anderlik noted that the improvements have a two year warranty, rather than the more common one year warranty. Anderlik said that any problems in street reconstruction typically will show up in the first year after construction. He stated that the City will retain approximately $50,000 of the contractor's money until all problems are fixed. Anderlik in particular noted that the contractor will have to return to fix sod and driveway complaints or they will not be paid. Councilmember Schaaf stated that the City had chosen to assess residential property on a per unit basis rather than on a front footage basis. He said that Council thought that would be the fairest method because each residential unit uses the street in approximately the same way. Anderlik said that commercial properties had been assessed on a front footage basis because they varied greatly in size of lot, size of building, and use of the public street. There was considerable discussion of what interest rate to charge assessments. Robertson noted that Council had recommendations before it ranging from 6.5% to 8 %. City Attorney Vierling explained that the interest charged covered property owners who didn't pay their assessments, future administrative costs for the City, and other unforeseen contingencies. Deputy Mayor Kern asked if the $3,000 in contractor's penalties could be returned to the property owners in the form of a lower assessment. Anderlik said that would be a savings of $12 per residential unit and 15 cents per front foot for commercial property. Vierling said that per State law, the City would have to send a notice to every property owner in the assessment area informing them that their assessment had been changed. Robertson suggested that reducing assessment interest would be an easier way to return the penalty savings to property owners. Hearing no other comments, Deputy Mayor Kern, seconded by Robert, moved to close the public hearing at 8:15. Carried 3 -0. Interest Rate - Councilmember Robert, seconded by Schaaf, moved to set the interest rate for the assessment at 6.5 %. Carried 3- 0. Resolution 95 -10 -46 - A Resolution Ordering 1995 Street Improvements. Councilmember Schaaf, seconded by Kern, moved to approve Resolution 95- 10 -46. Carried 3 -0. Councilmember Swenson returned from a fire call. • Page 3 - Minutes 10/30/95 110 Resolution 95 -10 -47 - A Resolution Adopting Assessment on 1995 Street Improvement Project. Councilmember Schaaf, seconded by Kern, moved to approve Resolution 95- 10 -47. Carried 4 -0. Council thanked residents for their patience during the street reconstruction project. Adjournment: Councilmember Robert, seconded by Schaaf, moved to adjourn at 8:24 p.m. Carried 4 -0. Respectfully submitted, G 7 Michael Robertson City Administrator 111 III _________________-....................■ • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MINUTES, MONDAY, OCTOBER 23, 1995 Call to Order: Mayor O'Neal opened the workshop at 5:38 p.m. Present: Councilmembers Kern and Robert. Councilmember Swenson arrived at 6:00 p.m. Absent: Councilmember Schaaf. Staff Present: City Administrator Robertson, City Engineer Dave Hansen, and City Engineer Carol Caron. River Hills Addition Stormwater Pond Design - Present from the River Hills Addition were Jeff Smith and Dawn Johnson - 13816 55th St. N., Pam and Paul Hamre - 13887 56th St. N., Maasho Fisseha - 13848 55th St. N., Jack Krongaard from Krongaard Construction Co., Samy Youssef - 13834 55th St. N., Jim Loots, Jr. - 13884 55th St. N., Kim & Steve Jelinek - 5557 Novak Ave. N., Gina Zeuli - 5681 Novak Ave., N., and Joe Tschida - 13838 55th St. N. Mayor O'Neal stated that the meeting was being held to try to arrive at a stormwater ponding design that everyone was satisfied with. Jack Krongaard said that some of the problems were caused by him and some by Heritage Development. He said he was willing to fix it and that he was here to try to find a solution that everyone could live with. • Samy Youssef noted that his back yard was currently in bad shape and that the berm constructed for the pond had caused a lot of flooding in his yard. Jeff Smith said that the berm had also caused a corner of their yard to flood. Steve Jelinek said that the work that has been done so far to improve the pond has been very successful and the pond now actually drains dry. Gina Zeuli said that she had no problems with the current design of the pond. Paul Hamre said that if the design did not change from the way it was currently that they were satisfied with it. Jack Krongaard stated that the solution for the Youssef yard may require him to go outside the current easement for the pond. City Engineer Carol Caron noted that the solution must stay in the easement and that the solution should be a retaining wall similar to that placed around the Frost's yard with the yard sloping away from the retaining wall. Mr. Youssef said that the solution was acceptable to him. Mr. Krongaard said that he would then implement the solution per engineering design. Hearing no further comments, Mayor O'Neal closed the hearing at 6:30 p.m. CITY OF OAK PARK HEIGHTS 411 COUNCIL MEETING MINUTES, MONDAY, OCTOBER 23, 1995 Call to Order: The regular meeting was called to order at 6:40 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 7:00 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Visitors: There were no visitors present. Department Reports: Police Department - Administrator Robertson requested on behalf of Police Chief Swanson permission to order the new 1996 squad car right now. Robertson cited Swanson's concern that there was normally a large delay in procurement of the new car and that the 1995 car had not arrived until June. Councilmember Swenson, seconded by Kern, moved to grant permission to the Police Chief to order the 1996 squad car now. Carried 4 -0. Parks Department - Councilmember Robert announced that Renee Sorenson would once again be holding her skating school at Brekke Park on Saturdays during the winter. Administration Department - Robertson requested authority to hire • Eloise Nettelton as recording secretary. Council was in consensus that the recording secretary should attend and record the minutes for the Council meetings and for the Parks Commission meetings. Councilmember Kern, seconded by Swenson, moved to approve the hiring of Eloise Nettelton. Carried 4 -0. Cable Commission - Councilmember Swenson, seconded by Kern, moved to approve Dave Olson as an alternate member to the Cable Commission. Carried 4 -0. Strategic Planning - Mayor O'Neal noted that while the Council had identified its top priorities there still remained a variety of low priority issues. Robertson was directed to get a copy of the list of those issues to every council member. Mayor O'Neal suggested that the Councilmembers could work to resolve the low priority items on their own. Unfinished Business: Proposed Fire Substation - Robertson reported on a recent meeting with the City Administrators and Fire Chiefs of Bayport and Stillwater. Councilmember Robert, seconded by Kern, moved to set a workshop at 6:00 p.m. on Monday, December 11, 1995 with the Bayport Fire Department and City Administrator to discuss a proposed fire substation in the City of Oak Park Heights. Carried 5 -0. • 111 Page 2 - Minutes 10/23/95 City Logo - Administrator Robertson reported on the progress toward obtaining a city logo. ADA Cost Estimate - Councilmembers discussed those items remaining to be constructed to come into compliance with the ADA law. Council noted the opinion from the City Engineer's office that the spring water dispenser fulfilled the ADA requirement for a water fountain in City Hall. Council was in consensus to unlock the upstairs restroom at Brekke Park during the winter to provide ADA access to restroom facilities. Council was in consensus that providing ADA accessible parking on the lower level of Brekke Park could not be accomplished during the winter because the area was used for the ice rink. Councilmember Robert, seconded by Kern, moved to direct the City Engineer to prepare plans and specifications for the following items: 1). Cover Park site works, parking, and building modifications. 2). Brekke Park signage modifications. 3). Valley View Park signage and grab bars. 4). City Hall signage, audio visual alarm, and unisex toilet modifications. Carried 5 -0. Councilmember Swenson, seconded by Robert, moved to direct the • City Engineer to have the report available for the December 11, 1995 Council meeting. Carried 5 -0. Deferred Assessment Policy - City Attorney Vierling described the resolution to establish standards and guidelines for special assessment deferral for low and moderate income persons. Vierling noted that unlike senior citizen deferrals, there is no specific statutory authority for the City Council to take this action, but he was of the opinion that it was within the realm of the City Council to authorize such deferment. Councilmember Kern, seconded by Swenson, moved to approve Resolution 95- 10 -44, A Resolution establishing standards and guidelines for low and moderate income persons for special assessment deferral and to establish those guidelines at the 100% federal poverty level. Carried 5 -0. Robertson was directed to write a cover letter with any such request, noting that this requirement is amendable by Council action. Park Dedication Fees - City Planner Richards reported on the progress of a study of park dedications fees. He noted that he would have the report on this item to the City Council at the November 27, 1995 Council meeting. • Page 3 - Minutes 10/23/95 • Update on Design Review Committee - City Planner Richards noted that he would be getting copies of the minutes of the Design Review Committee meeting to the Council. Councilmember Robert noted that there would be several design review issues discussed at the City Council Workshop on the bridge and highway reconstruction set for Monday, November 6, 1995 at 7:30 p.m. Minnesota Mayor's Conference - Mayor O'Neal discussed her presentation at the Minnesota Mayor's Conference on working with MNDOT and surrounding communities during the discussions of the new St. Croix River Bridge. Review Minutes - October 10, 1995: Councilmember Kern, seconded by Schaaf, moved to approve the minutes as presented. Carried 5- 0. Public Hearings: Applebee's International, Inc. - Request For Liquor & Cigarette Licenses - Mayor O'Neal opened the public hearing at 7:35 p.m. City Attorney Vierling noted that Applebee's had submitted all the necessary forms and that they met all requirements for the licenses. Councilmember Kern, seconded by Robert, moved to close the public hearing at 7:37 p.m. Carried 5 -0. • Councilmember Kern, seconded by Swenson, moved to approve liquor and cigarette licenses for Applebee's International, Inc. Carried 5 -0. New Business: Comprehensive Plan Update - Estimated Cost - City Planner Richards discussed his estimate of $23,000 to update the City Comprehensive Plan. Robertson noted that the update was required under Metropolitan Council mandate and the City Council had established this as one of its top priority's during the strategic planning process. Councilmember Schaaf, seconded by Robert, moved to direct Northwest Associated Consultants, Inc. to prepare an update of the City's Comprehensive Plan with said update not to exceed $23,000. Carried 5 -0. Metropolitan Livable Communities Act - Robertson updated the Council on a meeting that he and City Planner Richards had held with representatives of the Metropolitan Council on the Livable Communities Act. He noted that Oak Park Heights already met all of the Metropolitan Council's bench marks for providing affordable housing within the City limits. He further noted that Metropolitan Council had agreed to modify those bench marks in Oak Park Heights' favor to take into account the affordable housing which would be lost during bridge and highway reconstruction. Councilmember Schaaf, seconded by Kern, moved to • approve Resolution 95- 10 -45, a resolution electing to participate in the local housing incentives accounts program under the Metropolitan Livable Communities Act. Carried 5 -0. 110 Page 4 - Minutes 10/23/95 Engineering Survey Cost Estimate - City Engineer Anderlik discussed his estimated costs for surveying houses to determine if they were built at the proper elevations. He noted that for the City Engineer to do the work could require several trips, particularly if the first survey found that the house or drainage elevations were incorrect. He recommended that the City require the developer to provide all of this information. He said that the developer would then be responsible for their costs and would be in charge of managing them. City Attorney Vierling noted that to do this, the City must modify its language in its development agreements. He said he would have a prepared resolution available at the next City Council meeting. Councilmember Kern, seconded by Schaaf, moved to table this issue until the Council meeting of November 13, 1995. Carried 5 -0. City Engineer Letter - Valley Branch Watershed Study of Temporary Flood Easements - City Engineer Anderlik discussed a letter from Valley Branch Watershed requesting to restrict the outlet on the City pond in the area of the Stillwater Area High School so as to create more storage in the pond. Anderlik noted that he was opposed to this request, stating that in a high rainfall event, this could cause water to go outside the pond easements and to flood people's yards in which the City had no easement to store water. Councilmember Kern, seconded by Swenson, moved to direct • the City Engineer to communicate to Valley Branch Watershed District that it was not in a position to grant its request as it did not own the land that might be flooded. Carried 5 -0. Pay Request - Arcon Development - Autumn Ridge 1st Addition - City Engineer Anderlik recommended that the City approve the pay request. Councilmember Schaaf, seconded by Robert, moved to approve Arcon Development's pay request in the amount of $145,315.01. Carried 5 -0. Approve Novak Avenue Improvement Bid - City Engineer Anderlik noted that the City had received six bids for the Novak Avenue improvement. He recommended that the City accept the low bid, that of Danner, Inc. in the amount of $78,950.00. City Attorney Vierling recommended that the bid tabulation be forwarded to the developer for approval. Councilmember Schaaf, seconded by Kern, moved to accept the bid of Danner, Inc. in the amount of $78,950.00 for the Novak Avenue Improvement, subject to completion of the Development Agreement terms. Carried 5 -0. Request for Variance - Robert & Lydia Wood - 15075 65th Street North - Establish a Public Hearing Date - Councilmember Kern, seconded by Schaaf, moved to set a public hearing for the variance request for Monday, November 27, 1995 at 7:30 p.m. Carried 5 -0. • . Page 5 - Minutes 10/23/95 Request for Variance - James Bonse - 14775 Upper 55th Street North - Establish a Public Hearing Date - Councilmember Swenson, seconded by Schaaf, moved to set a public hearing for the variance request for Monday, November 27, 1995 at 7:30 p.m. Carried 5 -0. 1995 Auditing Agreement - Tautges, Redpath Co., Ltd. - Councilmember Kern, seconded by Swenson, moved to approve the agreement with Tautges, Redpath Co., Ltd. to audit the 1995 city accounts. Carried 5 -0. Employee Recognition - Councilmember Swenson, seconded by Kern, moved to approve the following schedule for awards for city employees: 5 years - plaque 10 years - IA day vacation 15 years - gift 20 years - 1 day vacation 25 years - watch or other nice gift Employees who have already passed any anniversary dates to receive their award at their next anniversary date. Carried 5 -0. • Robertson was directed to provide Council with a list of upcoming anniversary dates. List of City Meetings - Council discussed the upcoming City meetings for the next two months. Correspondence: School District Election - Council noted receipt of a letter from the School Board noting the election times and voting place. Speed Limit on Stagecoach Trail - Council noted receipt of an anonymous letter requesting the speed limits be reduced on Stagecoach Trail, N. from the City limits of Oak Park Heights south to the proposed Andersen plant. Robertson noted that Washington County Assistant Public Works Director, Don Thiesen had requested that the State perform a speed study for this area, said speed study being the required first step to any proposed speed limit reduction. Valley Branch Watershed Plan Adoption - Council noted receipt of a letter from the Valley Branch Watershed stating that they had just adopted a revised water management plan. Valley Branch Watershed Appointment - Council noted receipt of a letter from the Valley Branch Watershed stating that Mr. Jeff Peterson of Stillwater had been appointed to the Valley Branch Watershed District Board of Managers. Page 6 - Minutes 10/23/95 Speed Limit of Highway 36 - Mayor O'Neal requested the City Y Y q y Council's approval to write a letter to MNDOT requesting that the State lower speed limits on Highway 36. Councilmember Schaaf, seconded by Swenson, moved to grant authority to the Mayor to write a letter to the State requesting a 45 mile per hour speed limit on Highway 36. Carried 5 -0. Robertson was directed to ask Police Chief Swanson to have the State do some saturation patrolling on Highway 36 for speeding. Adjournment to Closed Meeting: There being no further business, Councilmember Kern, seconded by Schaaf, moved to adjourn to a closed meeting for an update on union negotiations. Carried 5 -0. Closed Meeting: Administrator Robertson updated the City Council on union negotiations. City Attorney Vierling updated the City Council on pending legal action. Adjournment: There being no further business, Councilmember Swenson, seconded by Kern, moved to adjourn the meeting at 9:02 • p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 411 110 CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, TUESDAY, OCTOBER 10, 1995 Call to Order: The regular meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf and Swenson. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Engineer Anderlik. Visitor Comments, Questions or Concerns: St. Croix Valley Sports Facility - Otto Bonestroo and Dick Olson were present to discuss the proposed St. Croix Valley Sports facility. They asked the City Council for a donation of $100,000.00 total at $10,000.00 a year for ten years. Bonestroo said that there would be a percentage of the ice hockey arena ice time set aside for non - hockey skating and that fifty percent of hockey time would go toward women or girls hockey. Councilmember Swenson, seconded by Councilmember Kern, moved to award $10,000.00 a year for ten years contingent upon other local government's contributing to the effort and upon the financing plan remaining similar to that which was proposed. Carried 5 -0. Joe and Mary Buckley - 5860 Oldfield Ave. N. - The Buckley's stated that they were willing to have Tower Asphalt do the repair to their driveway and asked for further definition of their warranty. City Engineer Anderlik explained that Tower Asphalt's warranty would be for two years and that the City of Oak Park Heights would warranty the repair for an additional year after that. City Attorney Vierling said that the Buckley's would be sent copies of the minutes defining the warranty. Pam Hamre- 13887 56th St. N.- River Hills Addition Stormwater Holding Pond - Mrs. Hamre complained that the work on the holding pond was not finished. She also said she has not been listened to when making suggestions for changing the holding pond design. City Engineer Anderlik noted that there were hundreds of possible design solutions and all would involve digging out part of someone's yard. Councilmember Kern, seconded by Swenson, moved to set a workshop for the River Hills Addition residents to discuss possible changes to the stormwater holding pond design at 5:30 p.m., Monday, October 23, 1995. Carried 5 -0. Department Reports: City Council - Mayor O'Neal reported that the Council meetings would be starting at 6:30 p.m. in the future to hear any visitor comments and that the visitor would then be placed on that night's agenda or, if more information was needed, they would be placed on a future agenda. Utility Department - Administrator Robertson said 20 feet of sanitary sewer was repaired and replaced on the north end of 411 Peabody Ave. Page 2 - Minutes 10/10/95 �• Parks Department - Councilmember Robert noted that the next meeting of the Parks Department was Monday, October 16th at 6:30 p.m. and that the next meeting of the Garden Committee was Tuesday, October 17th at 5:30 p.m. Bike Trail Easement - Councilmember Schaaf, seconded by Swenson, moved to direct staff to prepare easements and begin negotiations to acquire property necessary for the bike trail system. Carried 5 -0. Administration - Council reviewed the proposed revised frontage road across the Kern /Brackey land. Council had no objections to the revision. Cable Commission - Councilmember Swenson asked the public to report any feed -back they had on cable channel 10 to him or to call the Cable Commission. Strategic Planning - Mayor O'Neal described the Council's strategic planning session and noted that the Council's top priority for the next year was enhanced fire protection. Unfinished Business: Joint Elementary School /Park Proposal - Robertson said that the r School District had narrowed down its options and at this point was choosing between one site in Oak Park Heights and one site in Stillwater Township. City Logo - Councilmembers Schaaf and Kern were appointed to a committee to review the proposed new city logo's. Council directed the committee to report to them at the Council meeting of December 11, 1995. Proposed Fire Substation - Councilmember Schaaf, seconded by Kern, moved to authorize the City Engineer to study several options to provide access to the proposed fire substation, study costs not to exceed $2,000.00, costs for said study to be paid from the contingency fund, study report to be due at the council meeting of November 13, 1995. Carried 5 -0. Councilmember Swenson, seconded by Schaaf, moved to purchase a Type IV Carbon Monoxide Gas Detector and a Type I Carbon Monoxide Gas Detector, the Type IV Carbon Gas Detector to be donated to the fire department, costs for the detectors to be paid from the city's contingency fund. Carried 5 -0. 111 Page 3 - Minutes 10/10/95 III Deferred Assessment Policy - City Attorney Vierling discussed the deferred assessment policy resolution and the proposed guidelines. Councilmember Schaaf, seconded by Kern, moved to approve the resolution using the Metropolitan Council financial guidelines. After discussion, Councilmember Schaaf, seconded by Kern, agreed to withdraw their motion. Councilmember Schaaf, seconded by Kern, moved to approve Resolution 92- 10 -43, A Resolution Establishing Standards and Guidelines for Senior Citizens or Retired and Disabled Persons Hardship for Special Assessment Deferral. Said deferral to be determined by utilizing the one hundred percent of federal poverty income guidelines. Carried 5 -0. ADA Cost Estimates - City Administrator Robertson noted that this item was tabled until the council meeting of October 23rd and said that he wanted to pass on the latest cost estimate to the Council. Tree Trimming Bids -Phase 2 - Council reviewed the tree trimming bids. Park Dedication Fees - Robertson reported that City Planner Richards was still working on a study of these fees and at this point the City Planner's office has not found anyone else who has III done a similar study. Councilmember Schaaf, seconded by Swenson, moved to table this item until November 27, 1995. Update on Design Review Committee - Councilmember Robert noted that the next meeting of the Design Review Committee would be Wednesday, October llth at Stillwater City Hall from 7:00 to 9:00 p.m. Lakeview Hospital Grant Request - Councilmember Kern, seconded by Swenson, moved to approve the Lakeview Hospital Auxiliary Grant Request for $250.00. Carried 3 -2. Councilmembers Robert and Schaaf opposed. Brackey Request - City Attorney Vierling reported that Bob Brackey wished to gift property to the City that the City required for a stormwater holding pond. Councilmember Schaaf, seconded by Swenson, moved to approve the reception of the gift from Brackey with thanks. Carried 5 -0. Review Minutes - September 25, 1995: Councilmember Kern, seconded by Schaaf, moved to approve the minutes as presented. Carried 5- 0. 111 Page 4 - Minutes 10/10/95 Public Hearings: Applebee's International, Inc. - Request For Liquor License - Mayor O'Neal opened the public hearing at 9:07 p.m. City Administrator Robertson reported that Applebee's had not submitted all of their information and requested that the hearing be continued until the next council meeting. Councilmember Schaaf, seconded by Swenson, moved to continue the hearing until October 23, 1995. Carried 5 -0. Pay Bills: Councilmember Kern, seconded by Schaaf, moved to approve the bills as presented. Carried 5 -0. New Business: Building Inspector Jim Butler - Letter from Bayport Mayor, Bev Schultz - Administrator Robertson noted that the City had received a letter from Bayport Mayor Beverly Schultz indicating that they had met with Building Inspector Jim Butler and were very satisfied with his performance and with the standards for building inspections within the City of Bayport. Engineering Survey Cost Estimate - Councilmember Kern, seconded by Schaaf, moved to table this item until October 23, 1995. Carried 5 -0. • Approval of Plans & Specifications - Novak Avenue - Haase Addition - Councilmember Schaaf, seconded by Swenson, moved to approve the plans and specifications for Novak Avenue. Carried 5 -0. Establish December Meeting Date - Robertson noted that the regularly scheduled second council meeting in December fell on Christmas Monday. Council was in consensus to wait until the first meeting of December to determine if they had enough business to warrant the scheduling of the second meeting. Bridge Workshop - Councilmember Robert, seconded by Kern, moved to set Monday, November 6, 1995 at 7:30 p.m. as a City Council Workshop to hear reports from all committees dealing with items related to the construction of the future bridge and the Highway 36 reconstruction. Carried 5 - 0. Stillwater Area Chamber of Commerce - Request For Manufacturer's Week Proclamation - Councilmember Schaaf, seconded by Swenson, moved to adopt the proposed proclamation. Carried 5 -0. Employee Recognition - Mayor O'Neal described some ideas she and Councilmember Swenson had discussed. Robertson was directed to put this item on the next council agenda. • 111 Page 5 - Minutes 10/10/95 Correspondence: Letter from MNDOT - Opticom Installation - Council acknowledged receipt of the letter from MNDOT with thanks. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn at 9:20 p.m. Carried 5 - 0. Respectfully submitted, ichael / obertson City Administrator 411 • CITY OF OAK PARK HEIGHTS 410 COUNCIL MEETING MINUTES, MONDAY, SEPTEMBER 25, 1995 Call to Order: The regular meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 7:05 p.m. Staff Present: City Administrator Robertson, City Planner Richards, City Attorney Vierling, and City Engineer Anderlik. Highway 36 Traffic Fatalities - Mayor O'Neal discussed the traffic fatalities over the weekend on Highway 36 and commended Police Officer Paul Hoppe and Councilmember Mark Swenson for their performance during the fatalities. Visitor Comments, Questions, or Concerns: Ken Kaiser - Approve Bids For Tree Removal - Ken Kaiser was present to discuss the tree removal bids. Kaiser noted that the City trimmed city boulevard trees approximately every four to five years. Councilmember Kern requested that additional trimming be done around street lights, signs, and corners where sight lines were being blocked. Councilmember Swenson, seconded by Schaaf, moved to approve the regular tree trimming bid from St. Croix Trees. Carried 5 -0. • Councilmember Kern, seconded by Swenson, moved to approve the additional trimming requirements at a price of less than $2,000. Carried 5 -0. Pam Hamre - 13887 56th St. - River Hills Addition Stormwater Holding Pond - Mrs. Hamre expressed concern about the stormwater holding pond in the River Hills Addition and said that too much of her lawn was taken when the pond was re- worked. She also objected that the work was half done on her back yard. She noted that several other neighbors on the pond had filled in their backyards and filled in parts of the pond while doing so and she is upset that those areas were not being removed as part of the pond expansion. Mike Knutson - 14315 56th St. N. - Mr. Knutson complained about the street reconstruction contractors leaving equipment and a pile of dirt in streets without markings or warning lights. Council directed Robertson to keep them apprised of any meetings between the project manager and the contractor regarding the status of the project and the status of the general contractor's penalties. 111 Page 2 - Minutes 9/25/95 Public Hearings: Request for Conditional Use Permit to Conduct Outdoor Sales & Storage - 13481 N. 60th St. - Ray Bellargeon, J &R Rental - Mayor O'Neal opened the Public Hearing at 8:06 p.m Present were Ray Bellargeon and Jerry Mechelke, property owners. Mr. Mechelke noted that the conditions noted in the conditional use permit were satisfactory to him and that he would talk to the other renters and get the loose materials cleaned -up or stored within buildings. Hearing no other comments, Councilmember Kern, seconded by Schaaf, moved to close the public hearing at 8:16 p.m. Carried 5 -0. Councilmember Swenson, seconded by Schaaf, moved to approve the requested conditional use permit contingent upon the maintenance of those conditions noted in the City Planner's report. Carried 5 -0. Mary Buckley - 5860 Oldfield Ave. N. - Mrs. Buckley expressed concerns about cracking at the blacktop edges of her driveway where it met the concrete apron. She said she would like to have it repaired to the same specifications as it had been built. Councilmember Swenson, seconded by Schaaf, moved to replace the cracked blacktop with a patch to the same specifications, with the City extending the warranty one year to a total of three . years. Carried 5 -0. Department Reports: Police - Mobile Radar - Mayor O'Neal reported that the approximate cost for a mobile radar unit was $13,000. Administrator Robertson reported that Police Chief Swanson had been talking with area police departments to see if anyone would be interested in the joint purchase of a unit. Parks - Councilmember Robert reported that the Garden Committee's next meeting was scheduled for Tuesday, October 17th. The Garden Committee would be working with the Parks Commission on various projects. Members of the Garden Committee are Linda Moszer, Pam Patrick, Julie Payne - McCullum, Judy Smith, Liz Weaver, Paul Plaster - Parks Commission Representative, and Janet Robert - Council Representative. She also noted that the membership would be open and that anyone who is interested should apply at City Hall. She noted that the next Parks Commission meeting would be Monday, October 16th at 6:30 p.m. at Oak Park Heights City Hall. Cable Commission - Councilmember Swenson reported that the next meeting of the cable commission would be Wednesday, September 27th at 7:00 p.m. Robertson noted that Doug Bergman had applied to be appointed to the cable commission. Councilmember Swenson, seconded by Kern, moved to appoint Doug Bergman to the cable • commission. Carried 5 -0. Page 3 - Minutes 9/25/95 Watershed Districts - Mayor O'Neal described the special meeting of the Brown's Creek WMO and how it intended to deal with water problems in Grant Township. Unfinished Business: Joint Elementary School /Park Proposal - Robertson reported that the School District is also looking at the environmental learning center area as a possible site for the new elementary school, as well as additional sites in Stillwater Township and Baytown Township. City LogQ - Councilmembers were in consensus to discuss the city logo at the strategic planning retreat. Newsletter Update - Councilmembers discussed possible articles for the next newsletter. Update on Design Review Committee - Councilmember Robert noted the previous committee meeting had discussed the issue of whether or not to paint the steel girders on the bridge. She said that the next meeting would be Wednesday, October llth from 7 p.m. to 9 p.m. at Stillwater City Hall. Bike Trail Meeting - Councilmember Robert noted that there would • be a meeting to discuss bike trail plans for Highway 36 at the MNDOT Oakdale office on Tuesday, October 17th at 8:30 a.m. Review Minutes - September 11, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes as presented. Carried 5 -0. New Business: Proposed Fire Station Report - City Planner Richards discussed the fire station report with the council. Councilmember Swenson, seconded by Schaaf, moved to direct the City Engineer to prepare cost estimates for the various proposals. Carried 5 -0. Met Council - 1996 Sewer Estimates - Councilmember Swenson, seconded by Kern, moved to direct the City Engineer to write a letter to the Metropolitan Council Environmental Services Division suggesting that the flow meter be calibrated to see if it was accurate. Carried 5 -0. Street Reconstruction Assessment - Establish a Public Hearing Date - Councilmember Schaaf, seconded by Kern, moved approval of Resolution 95- 09 -42, A Resolution Calling for Public Hearing on Improvements and Assessments for the Street Reconstruction and Related Improvements of 1995 Project, which sets a public hearing for the street reconstruction assessments for Monday, October 111 11 30th at 7:00 p.m. Carried 5 -0. Page 4 - Minutes 9/25/95 III Deferred Assessment Policy - City Attorney Vierling noted that the City has a deferred assessment policy for seniors. Council was in consensus to have the City Attorney prepare a list of options for an expanded deferred assessment policy for the next Council meeting. ADA Cost Estimates - Council discussed the proposed ADA cost estimates. Robertson was directed to contact City Engineer, Tom Anderson with additional questions. Councilmember Kern, seconded by Schaaf, moved to table discussion of this item until October 23rd. Carried 5 -0. Resolution 95 -09 -41 - A Resolution Providing for Payment of $230,000 by MNDOT to the City of Oak Park Heights for it's Share of Construction Costs on 58th Street - Councilmember Swenson, seconded by Kern, moved to approve the Resolution. Carried 5 -0. Goose Removal Proposal - Robertson was directed by Council to find out if there would be any additional costs for a two year follow -up. Councilmember Kern, seconded by Schaaf, moved to set a public hearing for Goose Removal Proposal for Monday, December 11th at 7:30 p.m. Carried 5 -0. Park Dedication Fees - Robertson was directed to put this item on III the next Council meeting agenda. Correspondence: Letter from MNDOT - Council acknowledged receipt of the letter. State Board of Innovation - Public Forum - Mayor O'Neal said that she would attend the public forum. Adjourn To Executive Session - There being no further agenda items, Councilmember Schaaf, seconded by Swenson moved to adjourn to executive session to discuss pending labor negotiations and potential litigation. Carried 5 -0. O'Connel Easement - Councilmember Kern, seconded by Swenson, moved to authorize the City Attorney to approve the O'Connel Easement Agreement in the amount of $1,321.30. Carried 5 -0. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn at 10:55 p.m. Carried 5 -0. Respectfully submitted, c Aile is ael 'obertson III City Administrator III CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, SEPTEMBER 11, 1995 Call to Order: The regular meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 7:10 p.m. Staff Present: City Administrator Robertson, Police Chief Swanson, City Attorney Vierling, and City Engineer Anderlik. Department Reports: Police Department - Chief Swanson noted that the City had completed its forfeiture case on a vehicle it had in custody and requested Council authorization to sell the vehicle. Councilmember Swenson seconded by Kern, moved to grant authority to Swanson to sell the vehicle. Carried 4 -0. Part -time Police officer - Swanson noted that he had interviewed several licensed police officers and he requested authority from Council to hire Dwight Parker as a part -time officer effective September 12, 1995 at $9.00 an hour with a 90 -day review process. Councilmember Kern, seconded by Swenson, moved to approve the hiring of Dwight Parker. Carried 4 -0. Mobile Radar - Swanson reported that the mobile radar had been set up in several different neighborhoods in the past week and he had received positive comments from all of them. Swanson was • directed to check with surrounding communities to see if they would be interested in jointly purchasing a mobile radar unit. Officer Recognition - Councilmember Swenson noted that Officer Hoppe had been recognized by MADD for his high number of DWI arrests. Mayor O'Neal noted that Councilmember Swenson and City Administrator Robertson were working together on an employee recognition program and she thought this item deserved some type of recognition. Parks Commission - Councilmember Robert discussed the Parks Commission's recommendations in its recent special meeting involving the proposed new park in the Haase Addition. She noted that the Parks Commission recommended that if any area south of 58th Street was proposed for development that the City require a plat of the entire area. She said that the Parks Commission was concerned that piecemeal development of the area would prevent the dedication of enough park land. Councilmember Robert, seconded by Swenson, moved to direct City Planner Scott Richards to review the proposed minimum park plan developed by the Parks Commission to see if it is adequate to serve the expected number of people in the area, said study not to exceed a cost of $500.00. Carried 5 -0. • ..........- Page 2 - Minutes 9/11/95 IIM ADA Recommendations - Councilmember Robert discussed the Parks Commission's recommendations on ADA compliance with regard to handicap accessible facilities at the parks. City Attorney Vierling was asked to give a legal opinion on how the far the City had to go to achieve compliance with the ADA law. City Administrator Robertson was directed to get cost estimates from the City Engineer's office and have them available at the next council meeting. Councilmember Robert also noted that the next meeting of the Parks Commission would be September 18, 1995 at 6:30 p.m. Valley View Trail - Councilmember Robert noted that she will be working with youth services to use kids who have community service time to try and improve the Valley View Park Trail. Administration Department - Street Reconstruction - Robertson updated the Council on the latest actions regarding the street reconstruction. He noted that the contractor had already passed the partial completion date of Friday, September 8th and was now subject to a daily penalty. Councilmembers noted that they had received numerous complaints regarding the sod work or lack of it. Council asked whether the City had the authority to finish the job on their own. City Attorney Vierling noted that the City has no legal authority at this point to go in and finish the job • because Tower Asphalt's contract still runs until the end of September. Mayor O'Neal said that she will call Ron Hockin, President of Tower Asphalt to see if they could resolve any of these issues. Cable Commission - Councilmember Swenson noted that the next meeting of the Cable Commission will be September 27, 1995 at 6:30 p.m. at Oak Park Heights City Hall. Public Hearings: Variance from Side Yard Setback - Jeremy & Sharon Brown - 6365 Peacan Avenue - Mayor O'Neal opened the Public Hearing at 7:41 p.m. Jerry Brown was present requesting a variance to construct a new garage. He presented a letter of support from the property owner to his north, Steven Daniels. Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 7:46 p.m. Carried 5 -0. Councilmember Kern, seconded by Swenson, moved to approve the proposed variance based on the hardship that the homeowner had a small site and was forced to use the existing main entrance to the property. Carried 5 -0. • Page 3 - Minutes 9/11/95 Variance from Rear Yard Setback - - Douglas & Jody Carlson 6218 Peabody Avenue - Mayor O'Neal opened the Public Hearing at 7:47 p.m. Douglas and Jody Carlson were present requesting a variance to construct an addition to their home. Mr. and Mrs. Carlson noted that they had spoken to their neighbors and had heard no objection to the proposed addition. Councilmember Robert noted that she lived just behind their house, that the bluff would screen the addition from anyone's view, and that she favored the variance. Councilmember Schaaf, seconded by Robert, moved to close the Public Hearing at 7:50 p.m. Carried 5 -0. Councilmember Swenson, seconded by Kern, moved to approve the variance based on the hardship of the small lot not providing enough room for expansion. Carried 5 -0. Unfinished Business: Joint Elementary School /Park Proposal - Robertson updated the Council on the staff meeting with school officials. He noted that the School Board now has all the cost estimates the City can provide and will be considering this decision at its next Board meeting on Thursday, September 14th. Councilmember Robert expressed concerns that since the wetlands in the area would be used for stormwater storage that there might not be enough room for trails to be located around them. City Engineer Anderlik 411 said that there would be enough room to provide trails around the wetlands but that some of them might not meet ADA codes because of steep grades. Council was in consensus to study this issue once the school location decision is made. Update on Design Review Committee - Councilmember Robert noted that the next Design Review Committee meeting was Wednesday, September 3rd from 7:00 to 9:00 p.m. at Stillwater City Hall. Fire Substation Update - Robertson discussed his recent meeting with Bayport Fire Department officials. Council set a workshop at 6 p.m. for Tuesday, December 10, 1995 to meet with the Fire Department to discuss the issue further. Washington County Highway Department Cost Participation Policy - Councilmember Robert noted that she had attended a recent Washington County Board meeting to speak out against the proposed County Highway Department Cost Participation Policy. She noted that comments opposing the policy were made by every local government that spoke up on the issue and that letters opposing the policy had been received from other local governments who did not attend the meeting. She noted that she still favored requesting the County to provide sidewalks on Osgood Avenue when it updated Osgood Avenue. Mayor O'Neal suggested that the City ask the County Board to set aside one to two hours each year to meet with each community in the County to go over issues that were particular to that community. Page 4 - Minutes 9/11/95 • Newsletter - Mayor O'Neal requested that the November newsletter note the date and time of the School Board Election. Review Minutes - August 28, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes of August 28, 1995 as amended. Carried 5 -0. New Business: Autumn Ridge Phase II Development Agreement - Councilmember Schaaf, seconded by Kern, moved to approve the Autumn Ridge Phase II Development Agreement for execution. Carried 5 -0. Proposed Final Plat - Autumn Ridge Phase II - Councilmember Swenson, seconded by Schaaf, moved to approve the proposed final plat upon receipt of securities. Carried 5 -0. Approval of Autumn Ridge Phase II Bid - City Engineer Anderlik noted that the low bidder was Ryan Contracting. Their bid of $307,011.00 was below the City Engineer's estimate and was recommended for approval. Councilmember Swenson, seconded by Kern, moved to approve the Autumn Ridge Phase II Bid. Carried 5- 0. Approval of Valley View and 55th Street Culvert Bid - City • Engineer Anderlik said that the low bid from Ryan Contracting for a total of $56,552.80 was below his estimate. He noted the initial bid the Council had received for these improvements had been over $100,000 so there had been cost savings in bidding this project jointly with the Autumn Ridge Phase II Improvements. Councilmember Swenson, seconded by Kern, moved to approve the Valley View and 55th Street Culvert Bid. Carried 5 -0. Order Preparation of Plans & Specifications - Novak Avenue Improvement - Haase Addition - Councilmember Robert, seconded by Schaaf, moved to direct the City Engineer to prepare plans and specifications for the Novak Avenue Improvement. Carried 5 -0. Brown's Creek WMO - 1996 Budget Contribution - Robertson noted that of the Brown's Creek request of $1,613.67 the City had already paid $1,200.00 through its contribution to the hydrologic study of Brown's Creek. Councilmember Kern, seconded by Schaaf, moved to approve the contribution to Brown's Creek WMO 1996 Budget. Carried 5 -0. Request For Liquor License - Applebees, Inc. - Establish a Public Hearing - Councilmember Schaaf, seconded by Swenson, moved to set October 10, 1995 at 7:30 p.m. as a Public Hearing for Applebee's request for a liquor license. Carried 5 -0. • Page 5 - Minutes 9/11/95 Resolution 95 -09 -40 - 1996 Preliminary Tax Levy & 1996 Preliminary Budget - Robertson noted that the proposed preliminary tax levy would cause a tax increase on the city portion of the property taxes for 1996 of 7 /l0ths of one percent. He said that should the City Council wish to cut the final tax levy down to a zero percent tax increase, they would have to cut approximately $9,000 out of the proposed tax levy. He also noted that the final tax levy had to be certified by mid - December, and the Council had until then to make a final decision on the budget. Councilmember Schaaf moved to approve Resolution 95 -09- 40, with a $9,000 reduction in the proposed amount. Motion failed for lack of a second. Councilmember Kern, seconded by Robert, moved to approve Resolution 95 -09 -40 with a general fund tax levy of $1,443,865.00 and a storm sewer improvement tax district #1 tax levy of $25,000.00 and a 1996 general fund budget of $1,957,855.00. Carried 4 -1. Councilmember Schaaf opposed. Budget Workshop - Councilmember Schaaf, seconded by Kern, moved to set a budget workshop for 6:00 p.m., Monday, November 13, 1995 to discuss employee salaries, computer equipment, and final budget and tax levies. Carried 5 -0. • Establish 1996 Truth -in- Taxation Hearing Date - Councilmember Schaaf, seconded by Kern, moved to set Wednesday, November 29, 1995 at 7 p.m. for the Citys' Truth -in- Taxation Hearing date, with Wednesday, December 6, 1995 at 7 p.m. for a Truth -in- Taxation continuing hearing date, if needed. Carried 5 -0. Pay Bills: Councilmember Swenson, seconded by Schaaf, moved to pay the bills as presented. Carried 5 -0. Correspondence: Letter from Renee Sorenson - Council noted receipt of a letter from Renee Sorenson, in which Sorenson offered to provide skating lessons in the City of Oak Park Heights again and asked the Council to establish the dates and conditions. Councilmember Robert said she would invite Sorenson to attend the next meeting of the Parks Commission to discuss this item. Letter - Steve Carlson - Council noted receipt of a letter from Steve Carlson discussing an incident with Building Inspector Jim Butler. City Attorney Vierling noted that the issue in question is between the Building Inspector and the Bayport City Council. Robertson noted that the incident would be discussed at a Bayport City Council Workshop on Monday, September 25th. 411 Page 6 - Minutes 9/11/95 58th Street Improvement Pay Request - Councilmember Kern, seconded by Swenson, moved to pay the proposed bill as recommended by the City Engineer to Tower Asphalt for the 58th Street Improvement in the amount of $92,525.77. Carried 5 -0. Adjournment: Councilmember Swenson, seconded by Councilmember Schaaf, moved to adjourn at 9:17 p.m. Carried 5 -0. Respectfully submitted, ic ael Robertson City Administrator !II 410 CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, AUGUST 28, 1995 Workshop - Proposed Joint Elementary School /City Park - Mayor O'Neal opened the workshop at 5:30 p.m. Present: Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 6:30 p.m. Staff Present: City Administrator Robertson, City Attorney Vierling, and City Planner Richards. Present representing School District #834 were the entire District Board, Superintendent Dave Wettergren, Business Manager Dan Parker, and Elementary School Supervisor Mary Jo Weingarten. District Board members discussed some of their collaboration efforts with other school districts and noted they would like to make a similar arrangement with the City of Oak Park Heights. Superintendent Wettergren noted that as part of the collaboration effort, they would like to be treated as a partner and not as a developer. City Administrator Robertson noted that it might just be a difference in language and that the City's primary concern was that the school district pay all of the fees associated with reviewing and implementing their development. Board Chair Lyman Geary said it was the Districts' intent to pay all of the fees that a regular developer would. He said the District just wanted to work more closely and in partnership with the City Council to achieve a new elementary school and a park. • Council indicated that they were open to collaborating with the school district but that there were some issues they wanted to resolve. Mayor O'Neal noted that the creation of more tax exempt land in the City was a big issue. Councilmember Robert asked whether anyone would be excluded from using the park during school hours. District officials said there would be no exclusions. Councilmember Robert also noted that because residential growth is lower than expected, the Parks Commission was starting to rethink their whole concept of how large a park was needed. She also noted concerns about the possible extension of 58th Street and the assessments for its extension. She was concerned that outside of the land the School District would be purchasing, all the surrounding land on any extension of 58th Street was classified as Green Acres and so could not be assessed for 58th Street until the land was developed. • 410 Page 2 - Workshop Minutes 8/28/95 Robertson noted that he and City Attorney Vierling had been discussing various ways in which, should the District proceed with its new elementary school and require an extension of 58th Street, the risk of collecting future assessments could be shifted from the City to the District. District officials said that they thought the construction of an elementary school within the City of Oak Park Heights would be a benefit to Oak Park Heights both because they felt an elementary school would help raise the property values in the residential neighborhoods around the school and because the actual construction would be putting money into the general area of Oak Park Heights. District Board officials requested that City Staff and District Business Manager Dan Parker meet to discuss the various cost estimates and to provide other answers to the questions raised in the workshop. A staff meeting was set for the following week with the intention that the results of that meeting would be relayed to the Oak Park Heights City Council at its regular meeting on Monday, September llth and to the School Board at its regular meeting on Thursday, September 14th. There being no further comment, Mayor O'Neal adjourned the workshop at 6:45 p.m. • Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS 411 COUNCIL MEETING MINUTES, MONDAY, AUGUST 28, 1995 Call to Order: The regular meeting was called to order at 7:07 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson, Police Chief Swanson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Visitor Comments, Questions, or Concerns: Removal of Boulevard Tree - 14201 57th St., N. - Jim Slavic - Councilmember Kern, seconded by Robert, moved to remove the tree from Mr. Slavic's property as recommended by City Arborist, Ken Kaiser. Carried 5 -0. Request For Conditional Use Permit - Ray Bellargeon - Mr. Bellargeon noted that he had received a cease business operations letter from the City Building Inspector due to lack of a conditional use permit (CUP). Mayor O'Neal said that his business required a CUP because it consisted of outdoor sales and storage. Councilmember Kern, seconded by Swenson, moved to set a public hearing for Mr. Bellargeon's proposed conditional use permit on September 25, 1995 at 7:30 p.m. Carried 5 -0. Councilmember Kern, seconded by Swenson, moved to instruct Mr. Bellargeon to cease and desist in the operation of his business by midnight, Tuesday, September 5, 1995. Carried 5 -0. Doug Wilson - Water in Basement - Mr. Wilson expressed concern about the drainage swale in his yard and the potential liability caused by standing water. Mayor O'Neal directed Mr. Wilson to put his request in writing to the City Council with specifics of what he wanted the Council to do. Department Reports: Police Department - Chief Swanson requested Council approval of the sale of the old Blazer and the purchase of a new Blazer. Councilmember Kern, seconded by Robert, moved to approve the request. Carried 5 -0. Budget Transfers for purchase of Blazer - Councilmember Schaaf, seconded by Swenson, moved to approve the necessary budget transfers. Carried 5 - 0. Mobile Radar Unit: Chief Swanson noted that the Police Department hoped to have the mobile radar unit by Thursday and that it would be put out on Osgood Avenue for approximately a week. • Page 2 - Minutes 8/28/95 Parks Commission - Councilmember Robert said that the next meeting of the Parks Commission would be held Monday, September 18, 1995 at 6:30 p.m. at Oak Park Heights City Hall. She also noted that the Parks Commission would be holding a special meeting in the week of September 4, 1995 to consider the proposed elementary school and the meeting date had not yet been established. Administration - River Hills Stormwater Pond - Administrator Robertson noted that there had been problems with the River Hills stormwater pond. City Engineer Anderlik described the pond design and how the pond had been filled in over time as part of some new home development and because some people had added on to their back yards. Anderlik described the potential solution and noted that it was the developer's problem to implement it and that no action was required of the City Council. He said the actions the developer needed to take were that the pond needed to be graded, overflow swales needed to lowered to the correct height, and several homes needed to be protected from potential flooding. Paul and Pam Hamre, of 13887 56th St. were present and requested that area homeowners be informed of what would be done. Robertson said he would be contacting homeowners and would be • holding a meeting with them, the City Engineer, and the developer to discuss the changes that were going to be made. Valley View Culvert - City Engineer Anderlik said they had received only one bid to replace the Valley View culvert and he said that it was well over the estimate. He said it was his intention to add the culvert to the Autumn Ridge Phase II bidding process in hopes to receive a better bid. He also noted that a collapsed culvert in a pond near 55th and Oldfield needed to be replaced. Councilmember Schaaf, seconded by Kern, moved to add these two items to the Autumn Ridge Phase II bids. Carried 5 -0. Street Reconstruction - City Engineer Anderlik discussed the problems that the contractor has had and noted that the City Engineer's office had required them to replace some sod and black dirt that was of poor quality. He noted that the contract specified a completion date of September 8, 1995 and that the City could charge the contractor for each day in which he went over on the project. Councilmember Swenson noted that he had received numerous complaints about the quality of the sod and the quality of the topsoil. He noted one situation in which a manhole cover was not removed from a front yard but was sodded around. • • Page 3 - Minutes 8/28/95 Anderlik said that they had made the contractor go in and repair some work and that the contractor would be repairing additional problems with the sod. He said that at this time of the year, it was difficult to get contractors to finish jobs in a timely manner because they were working in so many cities. He said the main leverage the City had to get the job finished that was if it was not finished by September 8th, the contractor would be subject to penalty. He felt that the contractor's pay request should be granted because that work had been done and that the contractor was not asking for payment for sod work because that work had not been completed. Councilmember Schaaf, seconded by Kern, moved to approve the pay request in the amount of $197,505.10. Carried 5 -0. Cable Commission - Councilmember Swenson asked if anyone had problems with any content on the cable channel to contact the access center, that they were keeping a specific log of complaints and would be discussing them at each Cable Commission meeting. Unfinished Business: Joint Elementary School /Park Proposal - Mayor O'Neal discussed the workshop before the Council meeting with the School District. • She said that staff from the District would be meeting with city staff in an attempt to provide cost estimates and that the school district was looking at possibly making a decision on whether to proceed at its next board meeting on Thursday, September 14, 1995. Park Dedication Fees - Proposed Changes - City Planner Richards described his report and the proposed changes in the park dedication fees. City Attorney Vierling noted that his office was reviewing the report and examining recent developments in State and Federal laws governing park dedication. Council was in consensus to refer the matter to the Parks Commission for their review and comment. Design Review Committee Update - Councilmember Robert showed pictures of the proposed Highway 5 bridge and the proposed Highway 36 retaining wall. She noted that there will be a meeting on Tuesday, September 12, 1995 at 1:00 p.m. at MNDOT Oakdale offices to discuss a potential boat access to the St. Croix River down by the NSP plant. Vision Committee Report - Mayor O'Neal noted receipt of the Vision Committee minutes. She also noted that approximately 70 community surveys had been filled out at the Community Party at Brekke Park. She thanked everyone who had filled out the survey and noted that at this point, public safety was clearly • identified in the survey as the number one priority for the City Council. • Page 4 - Minutes 8/28/95 Fire Substation - Mayor O'Neal noted that this would be one of the Councils' priorities in the upcoming year, especially because the community survey had identified public safety as its number one requirement. Councilmember Swenson, seconded by Kern, moved to direct Robertson to meet with the Bayport City Administrator and Fire Chief to discuss the proposed substation and report back to the Council. Carried 5 -0. Review Minutes - August 14, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes of August 14, 1995 as presented. Carried 5 -0. Review Minutes - August 21, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes of August 21, 1995 as presented. Carried 5 -0. New Business: Change Date of October Council Meeting - Councilmember Kern, seconded by Swenson, moved to change the date of the regular October City Council Meeting from Monday, October 9, 1995 to Tuesday, October 10, 1995 due to the Columbus Day holiday. Carried 5 -0. Washington County Cost Participation Policy - City Engineer • Anderlik noted that he did not like most of the proposal. He particularly objected to the County requiring cities to acquire right -of -way for county roads and he objected to the county's requirement that cities pay for everything over two -lanes within the city limits. He felt that these were clubs that will be used to force city participation in county road projects. He was of the opinion that priorities should be based on need and traffic. He also stated that, while at this moment the proposed policies were better for cities under 5,000 than cities over 5,000, he expects in the future that Oak Park Heights will grow to be a city of over 5,000. Mayor O'Neal noted that currently the approximately 400 inmates who are incarcerated in the prison were counted as population and should not be as they do not use County roads. Councilmember Robert stated that she would like a letter opposing the proposed policy and that the letter should state specifically that the policy should reflect the volume of users on the roads. Council directed Robertson to see if the City of Bayport would join with the City of Oak Park Heights in supporting those objections, and to call the County and to be placed on their agenda for the September 5, 1995 meeting to discuss this issue. 411 Page 5 - Minutes 8/28/95 Request of Stillwater Amateur Radio Association - Council reviewed a request to place a repeater antenna on the City water tower from the Stillwater Amateur Radio Association. City Attorney Vierling noted that the City has a policy of not allowing private use of City water towers. He particularly noted that it raised issues of liability. City Engineer Anderlik stated that if the City says yes to one request, it is tough to say no to those that follow. Councilmember Swenson, seconded by Kern, moved to direct Robertson to write a letter to the Stillwater Amateur Radio Association rejecting their request. Carried 4 -0. Councilmember Schaaf abstained. Junker Sanitation - Price for 38 Gallon Garbage Container - Councilmember Schaaf, seconded by Swenson, moved to approve the price of $15.00 for the new container, $14.50 for seniors. Carried 4 -1. Councilmember Robert opposed because she thought everyone should be charged the same rate. Robertson was directed to have Junker send a flyer or other form of publicity to communicate this option to all users. ADA Report - Council noted receipt from the City Engineer's office of those items that still need to be changed in order to be in compliance with the ADA law. Robertson was directed to have staff to take care of the City Hall items and to get cost estimates for the remaining items. Correspondence: Letter - MNDOT Request for City Engineer Input - Council noted receipt of a letter from MNDOT requesting the City Engineer's comment on proposed plans for the Highway 36 reconstruction. Anderlik said that he was reviewing the plan and that per the memorandum of understanding cost for his time would be paid by MNDOT. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn to Executive Session at 9:32 p.m. to discuss a personnel issue. Carried 5 -0. Mayor O'Neal reconvened the meeting at 9:55 p.m. and noted that no action needed to be taken by council on the personnel matter. Mayor O'Neal adjourned the council meeting at 9:55 p.m. Respectfully submitted, /0%, Michael Robertson City Administrator • 411 CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, AUGUST 21, 1995 Special Council Meeting - Workshop - Proposed 1996 Budget: Mayor O'Neal opened the special City Council meeting at 7:00 p.m. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson, Deputy Clerk - Finance Director Holst. Computer Needs Presentation - John Redpath of Tautges, Redpath Inc., presented information to the City Council with regard to costs and equipment needs for a networking and e -mail system. Councilmember Swenson left on an emergency medical call at 7:38 p.m., and returned at 7:42 p.m. Council directed Redpath to separate the costs out for each system and provide the information to them by their next Council meeting. Police Chief's Car - Council discussed the Police Chief's request for a new car. Robertson was directed to ask Chief Swanson to discuss the issue with Council at their next regular meeting. Streetlights - Robertson was directed to find out if NSP has the most energy efficient bulbs in the streetlights. • Garbage - Council was in consensus that they would not subsidize the garbage pick -up at Raymie Johnson Estates. Parks Department - Robertson was directed to have the Parks Department cut the grass in each City park once each week and to let the Council know how much time it takes for each park. Other Expenditures - Council was in consensus to keep the expenditure for Street Reconstruction at $35,000 for 1996. Salaries - Robertson was directed to have written recommendations regarding employee salaries to the Council for the September 11, 1995 meeting. Budget Summary - Finance Director Holst reported to Council that the City would be receiving less Homestead Credit in 1996 due to State cuts. She said that she would be receiving the Fiscal Disparities and Tax Capacity figures from the County by the end of August. ADA Expenditures - Robertson was directed to have the City Engineer report on the ADA punch list at the August 28, 1995 Council meeting. Sewage Expenditures - Robertson was directed to have the City • Engineer to discuss the options available to the City with regard to Met Council's sewer cost estimates at the August 28, 1995 meeting. • Page 2 - Minutes 8/21/95 Valley View Culvert - Robertson was directed to have the City Engineer report on the Valley View Culvert at the August 28, 1995 meeting. Adjournment: Mayor O'Neal adjourned the meeting at 9:43 p.m. Respectfully submitted, Michael R..� on City Administrator • • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, AUGUST 14, 1995 Call to Order: The regular meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson, Police Chief Swanson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Department Reports: Police Department - Chief Swanson updated the council on the purchase of the new squad car. New City Logo - Council reviewed several submissions of possible new City logos and took no action. Administration - Proposed 1996 Budget - Councilmember Robert, seconded by Kern, moved to set Monday, August 21, 1995 at 7:00 pm. at Oak Park Heights City Hall for a Preliminary Budget Workshop. Carried 5 -0. Administrator Salary: Councilmember Robert, seconded by Schaaf moved to give City Administrator Robertson a 2% salary increase retroactive to June 19, 1995. Carried 4 -1. Mayor O'Neal • opposed, favoring a 3% increase. Bike Trail Planning Costs Councilmember Robert noted that in the future she would like to hear if any planning study is going over budget. Councilmember Schaaf, seconded by Swenson moved to increase the budget for the bike trail study to $6,000.00. Carried 5 -0. Partially Completed Building on Penrose Ave.. N. - City Administrator Robertson noted that the contractor would be receiving a letter from the Building Inspector stating that if the building was not finished within a six month period, the building permit would lapse and the contractor would have to apply for a new permit and pay the full cost of a new permit. City Newsletter: Council said they were very satisfied with how the newsletter looked. Community Party - Mayor O'Neal updated the council on the planning for the Community Party set for Sunday, August 20, 1995 in Brekke Park from 2 p.m. to 4 p.m. Parks Commission - Councilmember Robert noted that the next meeting of the Parks Commission would be August 21, 1995 at 6:30 p.m. at Oak Park Heights City Hall. She also noted that Chris 110 Morency had finished his Eagle Scout project of installing III e quipment at Brekke Park and that it looked excellent. She further noted that toddler equipment would be installed in Brekke Park by the end of the week. Page 2 - Minutes 8/14/95 411 Unfinished Business: Joint Powers Agreement- Human Rights Task Force - Councilmember Schaaf, seconded by Swenson, moved to approve the Joint Powers Agreement and to affirm that Councilmember Schaaf is the city appointee to the multi -city Human Rights Task Force. Carried 5- 0. Mayor O'Neal said that the Council could appoint additional representatives to the Task Force and asked anyone interested to contact City Hall. 58th Street Cooperative Construction Agreement - MNDOT and the City of Oak Park Heights - City Attorney Vierling noted that the provision in Section 4, paragraph b had been modified to his satisfaction. Councilmember Schaaf, seconded by Kern, moved to approve the Cooperative Construction Agreement for 58th Street. Carried 5 -0. Highway 36 Reconstruction - Memorandum of Understanding - Councilmembers discussed changes to the Memorandum of Understanding. Mayor O'Neal opened the meeting to public comment. Byron Stearns, attorney for the Sierra Club, 2279 Riverwood Place, St. Paul, MN, urged the council to reject an agreement with MNDOT to approve the bridge. Councilmember Robert asked • Stearns if the Sierra Club would be filing suit against the bridge and Stearns said they intended to. Stan Narusiewicz, 6313 St. Croix Trail, N., Oak Park Heights, MN, said he was opposed to the bridge due to safety concerns and the design of the bridge. He read a letter stating that the bridge design meant every Wisconsin employee of Andersen Windows would be killed or maimed crossing the bridge in the ten years after it was built. George Vogt, 6411 St. Croix Trail, N., Oak Park Heights, MN, said that he was opposed to the bridge. Angela Anderson, North Hill, Stillwater, MN, said she was opposed to the bridge and said that she felt that Oak Park Heights was acting as a doormat for the City of Stillwater. Barb McGuire, 6311 St. Croix Trail, N., Oak Park Heights, MN, said she wanted the Oak Park Heights City Council to make a decision based on its own interest and not to worry about what others might think or say. Councilmember Schaaf read a sample resolution opposing approval of the bridge. There was no comment from council. • Page 3 - Minutes 8/14/95 Councilmember Swenson, seconded by Councilmember Kern, moved to approve the Memorandum of Understanding. Councilmembers made the following comments: Councilmember Swenson said that this was an overwhelming decision. He stated he had very strong safety concerns and sees it as a "no win" situation for the community. He felt that if the council turns down the bridge at this time, residents of lower Oak Park Heights still are on hold and they need to get along with their lives. For these reasons, he voted yes to approve the Memorandum. Councilmember Robert said that she was disappointed with MNDOT's bridge design. She stated that she has no confidence that the three member appeals board would make any different decision. She felt that the best way to get MNDOT to reconsider it's design was to expedite a Sierra Club lawsuit. She also said that she was very happy with the concessions that the City staff has negotiated with MNDOT in the last few months. For these reasons, she voted yes to approve the Memorandum. Councilmember Kern noted that he was very dissatisfied with MNDOT's lack of inclusion of the City of Oak Park Heights in the decision making process. He felt that it was bad communication • all around in the early stages of the development of the design of the bridge. He said because of concerns regarding public safety, he voted yes to approve the Memorandum. Councilmember Schaaf said that he was still baffled that the City Council would change positions its held for years which have supported a corridor other than the one proposed by MNDOT. For that reason he voted no, against approval of the Memorandum. Mayor O'Neal stated that she had not doubt that if a three person appeals panel board were to actually change the bridge corridor, that other governments in the area would sue the State. She said the process could drag on forever. She praised the current city council, especially Councilmember Schaaf, for their work in gaining concessions from MNDOT. She said because of the concessions and because of concerns regarding public safety, she voted yes to approve the Memorandum. Carried 4 -1. Councilmember Schaaf opposed. Resolution 95 -08 -39 - A Resolution Providing a Resolution Providing a Response to the Request of the Commissioner of Transportations' Proposal for the Reconstruction of Trunk Highway 36 and the Construction of a New St. Croix River Bridge - Councilmember Swenson, seconded by Kern, moved to approve • Resolution 95- 08 -39, which provides official approval to the bridge and highway reconstruction plans. Carried 4 -1. Councilmember Schaaf opposed. • Page 4 - Minutes 8/14/95 - Wilson Basement Problem Doug Wilson, 5519 Oakgreen Place, said that he had suffered severe water damage to his basement in the last three rainstorms. He noted that he had filed a claim with the City but that the City's insurance company had rejected the claim. The insurance company said that the City was not liable based on a letter from the City Engineer stating that the Wilsons' have created their own problems by construction of a swimming pool this spring. Wilson said he wanted the City Engineer to come back and re- examine the property. Wilson said they have suffered damages well in excess of the $4,000 he originally estimated. Wilson said that the swimming pool is part of the problem but feels that the water comes from the City of Oak Park Heights. Wilson stated that he wanted the City to help pay for the damages to his basement and he wanted the City to put a spill drain or other form of water control into his property at city expense to prevent problems from reoccurring in the future. City Engineer Anderlik noted that when the property was developed that the natural drainage was across the back yard of the property and that the City did not change the natural drainage. He also noted that City Engineer Carol Caron, upon examining the Wilson's problem, had found that they had constructed their • swimming pool at such an elevation as to divert some of the water flowing through their back yard up against their house, therefore causing the problem. Councilmember Schaaf, seconded by Kern, moved to have the City Engineer work with the Wilsons to help them find a drainage solution. Carried 5 -0. Design Review Committee - Councilmember Robert reported the Design Review Committee met the previous Wednesday. She said that if any citizens were interested in serving on the Design Review Committee, that they could contact her or call City Administrator Robertson at City Hall. Councilmember Robert also noted that the Design Review Committee was limiting public input from anyone who was not a member of the committee. Council was in consensus that the Design Review Committee should allow more input from the public at the meeting as long as that input did not unduly disrupt the meeting. Councilmember Robert, seconded by Schaaf, moved to request of MNDOT that Mark Benson continue to work with the City of Oak Park Heights during the upcoming bridge construction project. Carried 5 -0. • • Page 5 - Minutes 8/14/95 Joint Elementary School /Park Proposal Council was in consensus that no one could make a proposed meeting with the Stillwater Area School Board established for Thursday, August 17th. Council set two alternative workshop dates either at 5:00 p.m. before the regular city council meeting on August 28th or at 5:00 p.m. before the regular Stillwater Area School Board Meeting on September 14th. Councilmember Robert said she felt the information received from the School District at this point was inadequate for making any decisions. Robertson asked for direction regarding treatment of the School District as a developer in terms of paying the normal fees for use of City consultant's time. Council was in consensus that the School District should be treated the same as any other property developer and should be required to pay the normal fees to the City. Councilmember Robert stated that she wanted more detail on the number and place of fields the school would be needing for park purposes and the price of those fields. Councilmember Schaaf said that he sees the concept of collaboration as a good one and that for this upcoming meeting with the school board, the City should also be coming up with a concept of what they would like • to see in a joint effort. Brown's Creek Water Manaaement Organization - Proposed Hydrologic Study - Councilmember Schaaf, seconded by Swenson moved to approve a payment of $1,200, to be taken from the contingency fund, for the City's contribution to the proposed hydrologic study. Carried 5 -0. Councilmember Schaaf noted that the City yearly seemed to grant money to Watershed Management Organizations for one type of study or another and requested that a line item be put in the 1996 Budget for this. Fire Substation - Cost Estimates - Councilmember Kern, seconded by Swenson moved to approve a $750.00 study by Northwest Associated Consultants, Inc. to analyze the various locations for a fire substation in Oak Park Heights, said study to be presented to the council at its regularly scheduled meeting on September 25, 1995. Carried 5 -0. Proposed Haase Addition Developer's Agreement - Councilmember Schaaf, seconded by Swenson moved to authorize approval of the Haase Developer's Agreement. Carried 5 -0. Strategic Planning Retreat - Jim Brimeyer - Council directed Robertson to convey to Brimeyer that the council wished the • meeting to focus strategic planning purposes but would not be working on a mission statement as the Vision Committee have already completed that information. . Page 6 - Minutes 8/14/95 Review Minutes - July 24, 1995: Councilmember Kern, seconded by moved to approve the minutes of July 24, 1995 as presented Carried 4 -0. Councilmember Robert abstaining due to not being present at the July 24, 1995 meeting. Review Minutes - August 7, 1995: Councilmember Kern, seconded by moved to approve the minutes of August 7, 1995 as presented Carried 5 -0. New Business: Park Dedication Fees - Proposed Changes - The park dedication fee discussion was tabled until the August 28, 1995 council meeting. Councilmember Robert asked City Planner Richards to coordinate with the City Attorney to make certain that the City was within its legal rights in imposing new park dedication fees. Wellhead Protection Plan - Cost Estimates - Councilmember Swenson, seconded by Kern moved to table discussion of this item until the State of Minnesota passes rules governing the wellhead protection program. Carried 5 -0. Approval of Plans & Specs - Autumn Ridge Phase II Improvements - Councilmember Swenson, seconded by Kern, moved to approve the • Autumn Ridge Phase II Plans and Specifications. Carried 5 -0. Lois Hall - Canadian Geese Problem - Robertson reported that the removal of Canadian Geese was estimated to require a four year commitment from the City at a cost of at least $4,000. Council tabled discussion of this item and directed Robertson to include this information in the next budget workshop meeting. Washington County Elected Officials Meeting - Councilmember Schaaf, seconded by Swenson, moved to set a special City Council workshop for August 30, 1995 at 7:00 p.m. at the Washington County Government Center, to meet with other Washington County elected officials. Carried 5 -0. Variance Application - Jerry & Sharon Brown - 6365 Pecan Avenue N. - Establish a Public Hearing Date - Councilmember Kern, seconded by Schaaf, moved to set a public hearing for the proposed variance at 7:30 p.m. on September 11, 1995. Carried 5- 0. Variance Application - Doualas & Jody Carlson - 6218 Peabody Avenue - Establish a Public Hearing Date - Councilmember Schaaf, seconded by Kern, moved to set a public hearing for the proposed variance at 7:30 p.m. on September 11, 1995. Carried 5 -0. 411 111 Page 7 - Minutes 8/14/95 Approve Water Tower Washing Bid - Councilmember Schaaf, seconded by Kern, moved to approve the low bid of Tri -State Coatings in the amount of $2,850.00 for the washing of the water tower, said washing to occur after completion of the street reconstruction project. Carried 5 -0. Pay Bills: Councilmember Kern, seconded by Swenson, moved to approve payment of bills. Carried 5 -0. Correspondence: Letter - Magnuson Law Firm - Cover Park Manor - Council noted receipt of a letter from the Magnuson Law Firm regarding a dispute between the Cover Park Manor and NSP. City Attorney Vierling said that it was a private matter and that the City should not get involved. Valley Branch Watershed District Appointment - Mayor O'Neal noted that there was an opening on the Valley Branch Watershed District and that if anyone was interested in being nominated by the Oak Park Heights City Council, they should contact the Council or the City Administrator. • Bonestroo Letter - Cloverdale Lake Ouestion - Council noted receipt of a letter from the City Engineer analyzing a request by Valley Branch Watershed District that the City allow an increase in level of the south pond at the Stillwater Area High School so as to reduce the amount of water flowing from south pond into Cloverdale Lake. Present to speak on this issue was Mike Schmesing of 12595 53rd St. and Bob Engstrom, Developer of Cloverdale Farms. Schmesing said that the water lever of Cloverdale Lake was rising and killing trees and that he would like the City to temporarily raise the level of the south pond on the high school site so as to reduce the amount of water coming into the lake. City Engineer Anderlik noted that the Valley Branch Watershed District has a number of land lock lakes without outlets such as Cloverdale in its district and a series of high rainfall events such as have occurred within the last two years would raise the water levels in those lakes. Anderlik said that he thought it was these events, rather than water flowing from the south pond, that were the main contributors to Cloverdale Lake's water level increase. He also noted that raising the water level in the south pond would have a very small effect on Cloverdale Lake. Anderlik further noted that the City's drainage plan for the high school area was submitted to the Valley Branch Watershed District and approved by them. In summary, he stated that it was the Watershed District's problem and that the City should cooperate in finding a solution but was not responsible for the problem. • Page 8 - Minutes 8/14/95 City Attorney Vierling said that the City acquired the south pond by eminent domain and has no easement for drainage outside of that which it acquired. He noted that an increase in flood levels in the south pond could conceivably cause water to travel on the area outside the easement, opening the city to litigation. Vierling agreed with the City Engineer's recommendation that the pond level should not be increased. Anderlik said that if the watershed district wanted to increase the level of the south pond that they should acquire additional easement around it so as to facilitate increasing the level without any threat of litigation to the city. Councilmember Swenson, seconded by Schaaf, moved to direct Robertson to write a letter to the Valley Branch Watershed Management District telling them that it was their problem to fix and that while the City would cooperate, it was not responsible for any of their difficulties with Cloverdale Lake. Carried 5 -0. NSP Letter - Noyes Water Analysis - Ken Noyes of 15325 58th St. N., said that there was a reddish tinge to the water in his bird bath in his back yard and that he had asked NSP to analyze the water. NSP had said that what was causing the reddish tinge was not any material that was coming off of the fly -ash landfill • site. Mayor O'Neal recommended that he seek additional analysis either from the shoreland water conservation district or from pool cleaners who might be familiar with the reddish tinge. MNDOT Letter - Seeking Wetland Conservation Act Delegation - Councilmember Schaaf, seconded by Swenson, moved to delegate authority to MNDOT for those lands in the Highway 36 corridor for testing purposes only. Carried 5 -0. Letter from Dave Beaudet - Councilmember Robert, seconded by Councilmember Schaaf, moved to convey to the Design Review Committee a request that they allow additional public input at their meetings over what they had been currently allowing. Carried 5 -0. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn the council meeting at 10:45 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 410 410 CITY OF OAK PARK HEIGHTS C OUNCIL MEETING MINUTES, MONDAY, AUGUST 7, 1995 Special Council Meeting - Workshop - Proposed 1996 Budget: Mayor O'Neal opened the special City Council meeting at 7:00 p.m. Present: Councilmembers Kern, Robert, & Swenson. Councilmember Schaaf arrived at 7:37 p.m. Staff present: City Administrator Robertson, Deputy Clerk - Finance Director Holst. Administrator Robertson discussed the information he had received from Washington County, Stillwater Area School District, and other cities regarding their preliminary budget targets. Employee Salaries - Council discussed how they wanted to set salaries. Council was in consensus that Robertson would make recommendations for each non -union employee regarding salaries. Finance Director Holst said that the urban Consumer Price Index (CPI) for the Minneapolis -St. Paul area for July 94 to December 94 was 3.8 %. The nation -wide Consumer Price Index for April 94 to April 95 was 3.2 %. Council direction to Robertson was that the highest salary he could recommend would be 4.3 %. Medical Insurance - Preliminary estimate from our insurer is that • costs will rise between 10 -18% for next year. Estimate for 1995 is that we will spend 98% of our budgeted amount. Fund Balances - Holst was directed to provide the fund balances for the Street Reconstruction, Closed Bond, and ADA funds for the next budget meeting. Robertson was directed to get a copy of the ADA final punch list to the Council for the next budget meeting along with a status report for each item. Donations - Councilmember Robert said she would like to do area wide donations on a per capita basis or by some type of measurable use formula. The SAEDC donation was removed from the 1996 budget at a cost savings of $4,000. Consultants - Robertson said that he would be asking Northwest Associated Consultants to established a flat rate fee for Council and Parks Commission meetings for their 1996 contract. Robertson was directed to obtain estimates for fee increases from the City Engineer, City Attorney, and City Planner's offices. Elections - Due to problems in obtaining enough election judges in past years, Council was in consensus to raise the hourly wages of election judges for 1996. Mayor - Council - Council discussed the cost estimates to set up an E -mail system. Robertson said he would have City Auditors • Tautges, Redpath, do a presentation at an upcoming Council meeting. • Councilmember Swenson left at 8:40 p.m. on a fire call. He returned at 8:45 p.m. City Administrator Department - Council discussed the proposed reduction for part -time help. Council said that the City Administrator and Finance Director should feel free to hire temporary help when they felt they had a need. Council discussed the cost estimates for a networking system. City Engineer - Council discussed the estimate for engineering costs and lowered it $1,500. Police Department - Council lowered the salary request $6,500 based on a reduced estimate of overtime. Council noted a proposed increase in Capital Outlay due to the rising costs of squad cars. Councilmember Swenson left at 9:00 p.m. on a fire call. He returned at 9:30 p.m. Fire Department - Robertson noted the projected cost is an estimate based on the preliminary Fire Department budget. Councilmember Swenson said that the Fire Department is in the process of cutting their preliminary budget so he expects the City's cost for 1996 will decrease. 110 Next Budget Meeting - Council set the next 1996 Budget Workshop for Monday, August 21 at 7:00 p.m. at Oak Park Heights City Hall. Adjournment: Mayor O'Neal adjourned the meeting at 9:50 p.m.. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 1111 • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, JULY 24, 1995 Call to Order: The regular meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern and Swenson. Councilmember Schaaf arrived 7:07 p.m. Absent: Councilmember Robert. Staff Present: City Administrator Robertson, City Attorney Lammers, City Engineer Anderlik, and City Planner Richards. Visitors: Chris Morency - Brekke Park Upper Playground Renovation: Chris Morency described his Eagle Scout Project, which was a request for $1,200 for upper playground renovation in Brekke Park. City Administrator Robertson noted that the project was recommended for approval by the Parks Commission. Councilmember Kern, seconded by Swenson, moved to approve the project. Carried 3 -0. Street Reconstruction - Mike Knutson of 14315 56th St. N. complained regarding the street reconstruction improvement. He said that after one day his and several other driveways on 56th Street were left 18 inches higher than the street. He also complained that the proposed schedules have been changed without informing the residents. He also complained about loads of dirt • which have been left on front lawns. He also requested that the drain which was plugged at the east end of 57th Street be cleared. Councilmember Kern requested that the streets be swept. Robertson noted that some of the changes in plans were caused by rain, and said he would pass on the complaints to the street reconstruction project manager. Departmental Reports: Police Department - Robertson said that Police Chief Swanson requested authority to sell a car that the City had recently received through a forfeiture. Councilmember Swenson, seconded by Kern, moved to grant authority to the Police Chief to sell the vehicle. Carried 4 -0. Administration Department - Council acknowledged receipt of a memo comparing the city's snowplowing costs with those of surrounding communities. Administrator Salary Review - Mayor O'Neal suggested tabling this issue until Councilmember Robert returned from her vacation so that all Councilmembers would be involved in the decision. Councilmember Swenson, seconded by Schaaf, moved to table this issue until the next meeting. Carried 4 -0. Parks - Council acknowledged receipt of the Parks Commission meeting minutes. 111 • Page 2 - Minutes 7/24/95 Unfinished Business: Joint Powers Agreement- Human Rights Task Force - Council noted that this item was tabled until the August 14, 1995 meeting. Highway 36 Reconstruction - MNDOT Response to Requested Changes - Mark Benson and Bill Rooney were present representing MNDOT. Council discussed the following items listed in the staff report. Wetland Mitigation - Mayor O'Neal requested that the Middle St. Croix Water Management Organization receive information on proposed MNDOT mitigation plans. South Frontage Road Proposed Re- design - Members discussed several options for the re- design of the South Frontage Road. Councilmember Schaaf noted that he liked having the South Frontage Road connect directly to Highway 95. Mayor O'Neal said she was opposed to the South Frontage Road connecting directly to Highway 95, and noted that at a recent neighborhood meeting, that neighbors in lower Oak Park Heights were opposed to that design as well. Mike Knutson of 14315 56th St., N., stated that he would be concerned about cut- through traffic and the Osgood Avenue intersection if the proposed South Frontage Road was directly • connected to Highway 95. Councilmember Swenson asked Mark Benson of MNDOT if Osgood Avenue would ever become an overpass rather than an at grade intersection. Benson noted that it could at some point in the future, but at this point it was scheduled to be an at grade intersection. Council was in consensus that they preferred a frontage road design which did not connect directly to Highway 95. Park & Ride Lot - Council was in consensus that if there were not any buses serving the park & ride lot, there was no reason to build it, and the area would revert to Oak Park Heights ownership. 59th Street Intersection with Stagecoach Trail - Council discussed redesigning 59th Street North at it's proposed intersection with Stagecoach Trail to create a more gradual curve. City Engineer Anderlik noted he favored the proposed design, stating that it would provide speed control through the neighborhood. Scenic Overlook - Mark Benson noted that MNDOT would develop a restoration plan for this area. • • Page 3 - Minutes 7/24/95 Relocation Process - Bill Rooney of the MNDOT Right -of -Way Department discussed the relocation process. He stated that MNDOT intended to use one of the houses it was acquiring in lower Oak Park Heights to open a field office in September. He also noted that MNDOT was doing a relocation study for the area and that results of that study should be available by August 14th. Council was in consensus that every effort must be made to relocate those residents who wanted to within the City of Oak Park Heights. They also stressed that MNDOT must constantly communicate the status of properties it is purchasing to the City of Oak Park Heights. Storm Sewer - City Engineer Anderlik noted that in 1972 MNDOT participated in the cost associated with the lateral sewer storm line that serves the Highway 36 right -of -way. He said that MNDOT did not participate in the downstream trunk storm sewer system because in 1972 the City did not have a trunk charge system for its storm sewers. Mark Benson noted that the State would be removing water from the city storm sewer system to a new storm sewer system that it will be building as part of the Highway 36 reconstruction. City Engineer Anderlik noted that the State will still be using the frontage road storm sewer system and that he did not think that it would reduce the amount of water going into • the storm sewer system. Council was in consensus that staff and MNDOT would have to work to further refine this item. Construction Staging - Councilmember Schaaf said that this item was very important and he would like to know the basic elements of the construction staging by August 14th. Mark Benson noted that the State had no objections to a task force of local governments meeting with MNDOT to develop the construction staging plan. Noise Reduction Barrier on Bridge - City Administrator Robertson noted that this issue had been unresolvable. Council was in consensus that some form of contract or agreement would have to be signed between the City and MNDOT in order to encompass all of the above items. Robertson was directed to have the contract finished before the August 14th meeting and to furnish a copy of it to the council approximately one week in advance of the meeting. 411 Page 4 - Minutes 7/24/95 58th Street Cooperative Construction Agreement - MNDOT and the City of Oak Park Heights - Robertson expressed concern about wording in the contract limiting the city's ability to extend 58th Street east of the Norell intersection. Mark Benson, representing MNDOT, noted that 58th street would be used as a bypass for Highway 5 during the reconstruction of the Highway 5 bridge and that MNDOT was extremely concerned about anything that would interfere with the traffic using the bypass. He stated that the majority of the Highway 5 bridge reconstruction should be done by November 1997 and that MNDOT's expectation was that the Highway 5 bridge would be closed for most of the 1997 construction season. Councilmember Schaaf, seconded by Kern, moved to table consideration of this agreement pending further language changes to be worked out between the City Attorney and MNDOT. Carried 4 -0. Update on Design Review Committee - City Planner Richards updated the Council on the latest Design Review Committee meeting. Brown's Creek Water Management Organization - Mayor O'Neal updated the Council on the recent meeting of the Brown's Creek Water Management Organization. She requested that the City contribute $200 to a study that the water management organization • was doing of the effects of the development on Brown's Creek. Councilmember Schaaf, seconded by Swenson moved to approve $200 for the above noted study. Carried 4 -0. Visioning Committee - Mayor O'Neal noted that Sunday, August 20th was scheduled for the first "Floats in the Park" community party. Councilmember Swenson, seconded by Kern, moved to allot up to $5,000 in expenses for this party. Carried 4 -0. Speeding on Oldfield Avenue - Councilmember Swenson asked Administrator Robertson to ask Police Chief Swanson to rent a sign that could be posted to try to discourage speeders on Oldfield Avenue. Review Minutes - July 10, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes of July 10, 1995 as presented Carried 4 -0. Public Hearings: Request for Variance From Side & Rear Yard Setbacks - Jim and Julie McCullum - 14269 57th Street - Mayor O'Neal opened the Public Hearing at 9:10 p.m. There being no comments from the public, Councilmember Schaaf, seconded by Kern moved close the public hearing at 9:11 p.m. Carried 4 -0. Councilmember Kern, seconded by Swenson moved to grant the • variance due to the mature trees and location and proposed location of the shed. Carried 4 -0. 41 0 Page 5 - Minutes 7/24/95 NSP Reclamation P roposa l - Junker Landfill Site - Conversion into a Wetland - Mayor O'Neal opened the Public Hearing at 9:11 p.m. Representing NSP were Jerry Winslow and Sam Lucido. Winslow described NSP's request to excavate land filled coal slag, transport it to a company located in Woodbury, and then create a wetland at the area that had been excavated. Winslow noted that NSP was doing this of its own wish and is under no directive from any agency to remove the slag for environmental reasons. Lucido noted that it will take approximately twenty weeks, from start to finish, to excavate all the slag and that a temporary chain link fence would be installed during construction to prevent access at the site. He said that their preference would be to do the work in two phases, beginning in Fall 1995 and ending in Spring 1996. Ken Noyes of 15325 58th St., N. asked how the restriction on working hours would be enforced. Winslow said there would be an on site inspector. City Planner Richards noted that the Conditional Use Permit that NSP was applying for required certain hours and that the City could also enforce the working hours as stated in the Permit. Paul Plaster of 5472 Stagecoach Trail, N. asked what the current zoning was. Richards said that it was "R -2" Residential. 111 Richards also noted that the Council should consider a possible rezoning of the area. He said that based on surrounding uses, it might be very suitable for light industrial. Hearing no further comments, Councilmember Kern, seconded by Schaaf, moved to close the public hearing at 9:40 p.m.. Carried 4 -0. Councilmember Schaaf, seconded by Swenson moved to approve the proposed Conditional Use Permit with the contingencies listed in the City Planner's report and an additional contingency of Washington County granting approval. Carried 4 -0. New Business: Resolution 95- 07 -37: A Resolution Adopting 58th Street Assessments as Against Lands Owned by Arcon Development Pursuant to Developer's Agreement - Councilmember Swenson, seconded by Kern, moved to approve Resolution 95- 07 -37. Carried 4 -0. Resolution 95- 07 -38: A Resolution Adopting 58th Street Assessments as Against Land Owned by Robert L. Brackey and Janet M. Brackey Pursuant to Developer's Agreement - Jim McGovern was present representing Robert Brackey. McGovern said that the Brackey's were requesting a change in the Development Agreement and that they would like the construction start dates for Krueger Lane and the regional storm water pond for the area moved to May 1, 1996. McGovern said they would be willing to grant a temporary easement for storm water from 58th Street. II/ • Page 6 - Minutes 7/24/95 City Engineer Anderlik noted that he had no problem with these requests as long as they were written into the Developer's Agreement. McGovern said the requests were due to the fact that Menards might not build this season but instead construct their store next season. Council was in consensus that the proposed changes were agreeable to it. Councilmember Schaaf, seconded by Kern, moved to approve Resolution 95- 07 -38. Carried 4 -0. Haase Addition Developer's Agreement - Robertson noted that a draft of the proposed Developer's Agreement had been provided to the Council for their information. He said at this point, discussions have just begun with the Haase's and Applebee's. Council had no comments on the Developer's Agreement. Establish Strategic Planning Session - Councilmember Schaaf, seconded by Swenson, moved to establish a strategic planning session with Brimmeyer and Associates for Friday, September 29th and Saturday, September 30th, with costs not to exceed $1,800.00 total. Carried 4 -0. Applebee's - Site Plan Permit - Robertson noted that he had provided the Applebee's Site Plan Permit to the Council so that they would be familiar with all the conditions as written and asked if they had any comments. Council had no comments and were agreeable that the permit was acceptable. School District - Proposed Study of a Joint Elementary School /City Park - Dan Parker and Bud Buchman of School District #834 were present to request that the school and the city work on a joint plan to establish an elementary school and a city park next to one another. Councilmember Schaaf noted that he was very concerned about tax base loss and before he approved a final plan he would want to know what benefits were in it for the city. Councilmember Swenson, seconded by Kern, moved to direct to staff to explore a joint agreement with School District #834. Carried 4 -0. Councilmember Schaaf, seconded by Councilmember Swenson, moved to set a special council meeting with the school board for Thursday, August 10, 1995 at 7:00 p.m. presuming such meeting was agreeable to the school board. Carried 4 -0. • Page 7 - Minutes 7/24/95 Fire Substation - Cost Estimates - Councilmember Swenson expressed concern regarding response time and the overall safety of the Oak Park Heights community due to the distance of trip from the Bayport fire station. He also noted the Highway 36 reconstruction would slow response time from Bayport. For these reasons he wished to go ahead with a study to look at construction of a fire substation in Oak Park Heights. He presented cost estimates showing that it would cost approximately $500,000.00 to build a fire substation and provide the initial equipment. Councilmember Schaaf, seconded by Swenson, moved to table this item until the August 14, 1995 meeting and to direct the City Planner to update the fire hall study that had been done several years ago. Carried 4 -0. Correspondence: Letter - Lois Hall - Canadian Geese Problem - Lois Hall was present and described the problems caused a growing flock of canadian geese adjacent to her home. Councilmember Swenson, seconded by Kern, moved to direct staff to contact the Department of Natural Resources to see what expenses the city would face if it relocated some or all of the geese. Carried 4 -0. Chamber of Commerce Newsletter - Council acknowledged receipt of the Chamber of Commerce Newsletter. Thank You Letter - Valieta Andrews - Council acknowledged receipt of Valieta Andrews' thank you letter. Tower Asphalt Request For Payment - Councilmember Kern, seconded by Swenson, moved to approve payment to Tower Asphalt for street reconstruction for $273,071.32. Carried 4 -0. Adjournment: Councilmember Schaaf seconded by Kern, moved to adjourn the council meeting at 10:47 p.m. Carried 4 -0. City Administrator Robertson noted that the Council would be going into a closed meeting to discuss a personnel issue. Respectfully submitted, Michael Robertson City Administrator • CLOSED MEETING OF OAK PARK HEIGHTS CITY COUNCIL MONDAY, JULY 24, 1995 Mayor O'Neal opened the closed meeting at 10:55 p.m. Present: Councilmembers Kern, Swenson, and Schaaf. Absent: Councilmember Robert. Staff Present: City Administrator Robertson and City Attorney Lammers. Public Works Director Review - City Administrator Robertson noted that Public Works Director Roger Benson's yearly review was upcoming and asked Councilmembers if they had any comments that he wished him to pass on to Benson. Council discussed several items. Police Department - City Administrator Robertson updated the council on the suspension of one of the officers. Adjournment: Councilmember Kern, seconded by Councilmember Swenson, moved to adjourn at 11:10 p.m. Carried 4 -0. Respectfully submitted, ichael Ro ertson City Administrator • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, JULY 10, 1995 Call to Order: The regular meeting was called to order at 7:02 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, and Swenson. Staff Present: City Administrator Robertson, Police Chief Swanson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Visitors: Street Reconstruction - Mike Lueur of Tower Asphalt was present to discuss the street reconstruction. Also present was Carol Caron, Project Manager for the street reconstruction. Councilmember Schaaf expressed concern about the continual wash out on Olene Avenue. Caron noted that Olene Avenue had been regraded just that afternoon and that the wash outs were due to the high slope of the road and the amount of rain we had received. She said that as soon as the gravel was able to be dried out that Tower Asphalt would be blacktopping the area. Councilmember Swenson asked whether patching the bad portions of 57th Street would pose a problem when the upper layer of blacktop was put down. Lueur stated that it would not pose a problem as long as the underlying base was dried out. Caron noted that they would not pave the patched areas until all of the underlying • gravel base was thoroughly dried out. Councilmember Kern, seconded by Schaaf, moved to approve Tower Asphalt's pay request of $311,150.00. Carried 5 -0. Jack Doerr of 14520 Upper 56th St., N. noted that he wished to commend the City Council, the City Engineer, and Tower Asphalt for doing an excellent job on the street reconstruction project. He said that citizens are being very well informed of everything that is being done and that he appreciated the efforts and the patience of everyone involved. Departmental Reports: Police Department - Chief Swanson requested Council support for an application that he was submitting to the Federal Government for a Safe & Sober Community Grant to fund police activities aimed at improving compliance with driving regulations and reducing the number of DWI's. He noted that this grant was being applied for in conjunction with the cities of Bayport, Stillwater, Forest Lake, and the Washington County Sheriff's Department. Councilmember Schaaf, seconded by Swenson, moved to approve Resolution 95 07 - 35, A resolution authorizing Oak Park Heights Police Department to make application for the Safe and Sober Community Grant. Carried 5 - 0. 411 411 Page Two - Minutes 7/10/95 Administration Department - Mayor O'Neal noted that the community party was set for Sunday, August 20th between 2:00 - 4:00 p.m. at Brekke Park. She appointed City Administrator Robertson as Chair to organize the party. Workshop With School Officials - Mayor O'Neal noted that she had set Monday, July 17th at 5:00 p.m. for a workshop meeting with school officials. Utility Department - Council noted receipt of the proposed w ater Y P osed P P P conservation policy. Mayor O'Neal requested the policy be revised to include that staff will inform City Council whenever the policy is implemented. City Engineer Anderlik and Administrator Robertson noted that the City water supply was not at present under any threat of running out even in a prolong drought. Anderlik noted that he favored conservation in general and favored the institution of an odd /even watering ban under normal circumstances during every growing season. He said he would discuss his recommendations in greater detail when he completed the Community Water Supply Plan that was mandated by the State of Minnesota. Councilmember Schaaf, seconded by Kern, moved to adopt the proposed water policy as amended. Carried 5 -0. • Unfinished Business: Highway 5 Bridge - Councilmember Schaaf, seconded by Kern, moved to approve Resolution No. 95- 07 -36, A Resolution Approving MNDOT's Proposed Design For the State Highway 5 Bridge. Carried 5 -0. Washington County Commissioner, Wally Abrahamson, in attendance requested a copy of the resolution along with a copy of the preliminary design of the bridge. Proposed Comprehensive Trail Plan - Councilmember Robert, seconded by Schaaf, moved to approve the proposed Comprehensive Trail Plan. Carried 5 - 0. Mayor O'Neal requested that a blow -up of the plan be made available for the August 20th community party at Brekke Park. Design Review Committee - Councilmember Robert noted that the Design Review Committee would next be meeting Wednesday, July 12th from 7:00 p.m. to 9:00 p.m. at Stillwater City Hall. Review Minutes - June 26, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes of June 26, 1995 as presented Carried 5 - 0. 411 • Page Three - Minutes 7/10/95 Public Hearings: Haase Addition - Proposed Final Plat - Mayor O'Neal opened the Public Hearing at 7:40 p.m. In attendance representing the Haase's were surveyor Bruce Folz and Daryl Haase. Folz noted that Elmer Haase would not proceed with the proposed final plat unless the condition requiring the dedication of 58th Street right -of -way to the City was dropped. There was considerable discussion of this issue. City Attorney Vierling noted that if the City did not require the 58th Street right -of -way at this time, they might have to pay for it in the future, should it need to be acquired. He also noted that the Haase land had Green Acres status, so if in the future the City chose to condemn the right -of -way and build the street, Haase could not be assessed for the street unless he was willing to be assessed. Mayor O'Neal closed the public hearing at 8:00 p.m. Councilmember Robert, seconded by Councilmember Swenson, moved to grant approval to the proposed final plat without requiring dedication of the 58th Street right -of -way but requiring all other conditions on the staff report. Carried 3 -2. Councilmembers Kern and Schaaf opposed. • Proposed Site Plan Approval - Applebee's, Inc. - Mayor O'Neal opened the Public Hearing at 8:01 p.m. Gary Fischer was present representing Applebee's. Mr. Fischer indicated that Applebee's found the conditions listed in the staff report on the site plan acceptable except for the condition that they delete the northern most access to their property from Novak Avenue. Fischer said that Applebee's felt that it needed two accesses to its property so that proper internal circulation could occur. He also stated that limiting them to just one access at the southern most location of their property would require their customers to drive much further to enter into the building. City Engineer Anderlik noted that his concern was safety and that he wanted to minimize street openings onto 60th Street. City Planner Richards noted that the proposed north access is only 25 feet from 60th Street and that was not a safe distance. Fischer said that Applebee's had tried to obtain access to the Walmart driveway but had been unable to work out a deal with Walmart. He said he would be satisfied dropping the proposed northerly access on Novak Avenue if he was granted an access to 60th Street. Fischer said he would be willing to agree to a deed restriction on either the northerly access or the 60th Street access and would agree that it could be closed in the future if Novak Avenue were extended or if there was other development in • the area. Councilmember Schaaf, seconded by Kern, moved to close the public hearing. Carried 5 -0. Hearing closed at 8:47 p.m. • Page Four - Minutes 7/10/95 Councilmember Schaaf, seconded by Councilmember Swenson, moved to approve the proposed site plan with the allowance that there would be an access on to 60th Street that would be strictly a right -in, right -out access. Further this access would be removed at such time in the future that Novak Avenue was extended south to another cross street or when there was further development that accessed Novak Avenue, or when the police department recommended that the access be closed due to safety concerns. Removal of the access would be at Applebee's cost and they would be required to provide a bond for that future removal. Approval also subject to the remaining conditions in the city planner's report with a one -year review after opening. Carried 5 -0. Brackey Addition - Proposed Final Plat - Mayor O'Neal opened the Public Hearing at 9:04 p.m. Present representing the Brackey Addition were Bob Brackey, Jim McGovern, and Fritz Kueppers. Bob Brackey noted that the only issue remaining was how to pay the connection charges. He requested that they be paid only after a piece was developed and only on the amount of acreage that was developed. City Attorney Vierling noted that city policy was to require that charges be paid upon rezoning. He noted that the City has agreed to charge the connection charges for only the Menard's because the remaining outlots have not been rezoned. He • said the Development Agreement proposed that the connection charges be required to be paid in full for any outlot if part of it is developed in the future. Brackey said that he would be willing to pay the connection charges as suggested if they were frozen at present 1995 levels. Vierling noted that it is currently planned to adjust the connection charges yearly for inflation and /or for increasing costs. Councilmember Robert noted that if some hardship developed that Brackey could always return and ask any future city council for relief. Councilmember Schaaf, seconded by Kern moved to close the public hearing at 9:17 p.m. Councilmember Kern, seconded by Swenson moved to approve the final plat subject to the City Attorney's final approval of the Developer's Agreement. Carried 5 -0. Bob Brackey thanked the Council and said he would be happy to donate any trees from the former Krueger tree farm for park purposes. Council thanked Mr. Brackey for his offer. Arcon Development - Autumn Ridge Subdivision - Proposed Final Plat- Mayor O'Neal opened the public hearing at 9:18 p.m. Vierling noted that the plat had always been contingent upon finalization of the Brackey Final Plat and that now that had occurred, this plat could proceed. Robertson noted that Arcon Development had already signed a Developer's Agreement. Councilmember Schaaf, seconded by Swenson moved to close the public hearing at 9:20 p.m. Carried 5 -0. Page Five - Minutes 7/10/95 Councilmember Schaaf, seconded by Kern, moved to approve the rezoning of the Autumn Ridge plat from "0" Open Space to "R-1A" Single Family Residential. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to approve the Autumn Ridge final plat. Carried 5 -0. Councilmember Schaaf, seconded by Kern, moved to approve the Autumn Ridge Phase I Developer's Agreement. Carried 5 -0. Bid Award - Autumn Ridge Phase I Improvements - Councilmember Swenson, seconded by Schaaf, moved to approve the Autumn Ridge Phase I Improvement and award the bid to the low bidder, Arcon Construction, in the amount of $179,113.00, subject to posting the necessary securities. Carried 5 -0. Joint Powers Agreement - Human Rights Task Force - Councilmember Swenson, seconded by Schaaf, moved to table this issue until the August 14, 1995 council meeting. Carried 5 -0. City Administrator Robertson was directed to provide the original paperwork on this issue to the City Council at that meeting. Request for Variance and Waiver of Fee - 14269 57th St.- Set a • Public Hearing Date - Jim McCullum of 14269 57th St. was present to explain that since he was building a small storage shed of minimal value that he was requesting that the City waive the variance fee. He noted that he had the signed permission for this variance from all adjoining residences and requested that the City dispense with the public hearing and grant him the variance now. City Attorney Vierling noted that under State Law the City Council does not have the authority to grant a variance without a public hearing. Councilmember Schaaf, seconded by Kern, moved to set a Public Hearing for July 24, 1995 at 7:30 p.m., to reduce the deposit for a variance from $150.00 to $75.00, and to rebate to Mr. McCullum all money remaining after expenses were paid for publishing the public hearing notice and mailing it to adjoining land owners. Carried 5 -0. Minnesota Association of Small Cities - Council was in consensus that they were not in favor of joining the association. Councilmember Kern, seconded by Swenson, moved to table the issue indefinitely. Carried 5 -0. Adoption of State of Minnesota 1994 Building Code - Councilmember Swenson, seconded by Kern, moved to adopt the 1994 State Building Code. Carried 5 -0. • • Page Six Minutes 7/10/95 Bid Award - Snow Plowing Contract 1995 -1997 - Administrator Robertson noted that the City had received one bid from Raleigh Trucking, Inc. Councilmember Kern asked whether the City would still be responsible for broken curb in the newly reconstructed areas with the concrete curb. City Engineer Anderlik stated that the concrete curb would be very tough to break and if it was broken by a snowplow the contractor should be required to replace it. Councilmember Swenson, seconded by Kern, moved to accept the bid award of M.J. Raleigh Trucking, Inc. for the City Snow plowing contract from July 1, 1995 to June 30, 1997. Carried 5- 0. City Administrator Robertson was directed to provide at the next meeting the City's plowing costs of the last three years along with the plowing costs of the city's of Bayport and Stillwater. Pay Bills: Councilmember Kern, seconded by Councilmember Swenson, moved to approve the payment of bills. Carried 5 -0. Correspondence: Met Council Memo - Water Supply Plans - Council acknowledged receipt of the Met Council memo. 111 Memo /Ken Kaiser - Council acknowledged receipt of the memo from Ken Kaiser and directed Robertson to incorporate this information into the proposed 1996 budget. Police Overtime - Councilmember Swenson asked whether it would be feasible to hire another part -time police officer in order to reduce overtime costs. Robertson noted that the overtime was a temporary situation due to the back injury of an officer who was expected back within the next two weeks but said he would discuss the issue with Police Chief Swanson and report back to council. Park Dedication Fees - Councilmember Robert, seconded by Kern, moved to direct Northwest Associated Consultants to re- evaluate the city's park dedication fees and make recommendations. Carried 5 -0. 111 Page Seven - Minutes 7/10/95 City Engineering Contract - City Engineer Anderlik stated that under Bonestroo, Rosene, & Anderlik's contract with the City, Bonestroo is paid a percentage of the final bid fee for improvement projects. He noted that on the Autumn Ridge Subdivision improvements bid, that Arcon Development was both builder and contractor and they could have bid as little as one hundred dollars for the job because it was just a matter of transferring money from one division of the company to another one. If this had been the case the City Engineer would have received hardly any money and would have for customary engineering design and inspection work to perform. Anderlik said that he wanted to bring the situation to the City's attention and ask how they wanted to handle it. Council was in consensus that should this situation arise in the future, that City Engineer Anderlik should contact the council and propose an alternative to percent of bid payment. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn the council meeting at 10:15 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, JUNE 26, 1995 Workshop - Washington County Extension Service. Call to Order: The workshop was called to order at 6:15 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Absent: Councilmember Schaaf. Staff Present: City Administrator Robertson. Representing Washington County Extension Service was Extension Agent Liz Templin. Templin explained a variety services offered by Washington County Extension and the Minnesota Extension Service. She described a variety of studies that the Extension Service had assisted on, including economic analysis, taxes, consolidation and /or cooperation between communities, and a variety of other services. Councilmember Swenson asked whether or not she had any information or studies that had been performed on the expansion of fire services. Templin said she would check into the matter. Councilmember Kern asked some questions on how to prevent tree damage during new construction. Templin passed out a pamphlet on limiting tree damage. She also noted that there would be an • upcoming class on this issue. Mayor O'Neal thanked Templin for her appearance before the Council and closed the workshop at 6:50 p.m. Call to Order: The regular meeting was called to order at 7:00 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, Police Chief Swanson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Visitors: Ken Kaiser - Tree Program Update: City Arborist, Ken Kaiser, discussed the two quotes he had received for new trees to be planted in 1995 and also discussed how the tree program worked. Councilmember Kern, seconded by Robert, moved to approve the low bid of Abrahamson Nurseries in the amount of $5,898.20 for the planting of 55 new trees. Carried 5 -0. Staff Reports: Police Department - Police Chief Swanson reported that the Police Department had auctioned at the Sheriff's Auction a 1988 Topaz which had been seized for DWI forfeiture for a total of $2,000. He reported that the Police Department had auctioned a variety of other items for a total of approximately $1,000. • • Page Two - Minutes 6/26/95 Swanson also updated the Council on enforcement of the nuisance ordinance stating that five properties were still being monitored and that those five properties were making improvements as specified under city ordinance. Councilmember Kern noted that the stop sign had been removed at the intersection of Oldfield Avenue and 57th Street and asked that the it be put back up. Swanson that he would take care of putting the sign back up. Utility Department - Administrator Robertson reported that on the weekend of June 17th and 18th, the City had pumped over a million gallons of water each day, which set a new record for the City by approximately 200,000 gallons. Utilities Superintendent Benson had asked Robertson to convey to Council that the Council might possibly need a mechanism for instituting water conservation or a sprinkling ban in the future. After discussion, Robertson was directed to prepare such a policy and bring it to the Council for consideration at the next Council meeting. Administration Department - Robertson reported that City Building Inspector Jim Butler, would be returning to work the week of July 3rd. • Street Reconstruction - Councilmember Kern asked why the street lights were still out. NSP Representative Donna Folsom said that the majority of the street lights should be back on within the next two days and apologized for the delay. Robertson discussed the street reconstruction project and noted that the blacktop on 57th Street was suffering from numerous sags and cracks because the underlying base had been wet when the street was paved. He said that this was a contractor error and the contractor would be responsible for cutting out those portions that were damaged, drying out the underlying base, and then replacing them with new blacktop. Councilmember Schaaf noted that the heavy rains of the last two days had undermined the curbs in some areas and asked City Engineer Anderlik what could be done. Anderlik discussed those actions that would be necessary to repair the street and to keep the curbs from being undermined. Anderlik said that he was positive that all repairs could be done and that the streets and curbs would all be high quality. Mayor O'Neal noted that Tower Asphalt, the General Contractor, had a request for payment on this project before the City Council at a total of $311,000. Councilmember Swenson, seconded by Schaaf moved to delay payment of this bill until the July 10, • 1995 Council Meeting and asked that a representative of Tower Asphalt attend that meeting to discuss what they are doing to repair the blacktop on 57th Street. Carried 5 -0. III Page Three - Minutes 6/26/95 Parks Department - Councilmember Robert noted that the Parks Commission had received a presentation from Chris Morency on an Eagle Scout project that he wanted to do to improve Brekke Park. She described the project and noted that Mr. Morency would like conceptual approval of this plan from the City Council. She said the Parks Commission would be examining the costs further and once those costs were firmed up they would then seek official council action to approve the project. Councilmember Robert, seconded by Swenson moved to approve Resolution 95- 06 - 33, a resolution granting conceptual approval for an Eagle Scout Project in Brekke Park. Carried 5 -0. 411 Finance Department - Robertson discussed budget changes suggested by City Finance Director Judy Holst. Councilmember Schaaf, seconded by Kern moved to make the suggested changes. Carried 5- 0. Water Management Organizations - Mayor O'Neal reported that the Middle St. Croix Water Management Organization would meet on Wednesday, June 28th at 7:00 p.m. at Bayport City Hall. Mayor O'Neal also noted that the Brown's Creek Management Organization had received a presentation from the Department of Natural Resources (DNR) and SEH Engineering at its last meeting on the trout resource found in Brown's Creek and the potential threat to • that resource caused by proposed development. The organization has set a special meeting for Wednesday, July 19th at Stillwater City Hall at 7:00 p.m. and are inviting all local governments and other interested people to hear the presentation and to discuss what may be done to preserve this resource. Old Business: Hi•hw. 6 Recon ru i.n - MNDOT Res•ons T. Re• te. h -n•e Mayor O'Neal noted that MNDOT's letter was rather extensive in responding to the changes suggested by City Staff to the layout plans with regard to Highways 36 and 95. Council was in consensus that staff would meet with MNDOT to further discuss these issues. Councilmembers Robert and Kern volunteered to be a council committee to participate in these discussions with MNDOT. Councilmember Kern, seconded by Swenson moved to authorize staff and the City Council Committee to discuss these issues with MNDOT and to report back to the entire Council. Carried 5 -0. Frontage Road Across NSP Landfill - Donna Folsom and Mike Thomas, representing Northern States Power, described the process that would have to be followed in order for a frontage road to be constructed across the landfill. Folsom noted that this would be a fairly slow process because a lot of state agency approvals would be needed. II/ Page Four - Minutes 6/26/95 Thomas described NSP's proposed plan. NSP is proposing to fill in an area in the northeast portion of the landfill which is currently a ravine in order to allow a road to be constructed in that area. He estimates that this area could be filled in approximately by the end of 1997. NSP is currently filling in the southwest portion of the landfill. Thomas noted that removal of some parts of the landfill for the construction of a road would require that material to be placed in another section of the landfill. In order to make up for that land lost and to extend the life of the NSP plant, NSP has come up with a plan to expand the landfill. This plan proposes expansion of the landfill to the southeast and would require the acquisition of several residential areas on the top of the bluff due to the proximity of the expanded landfill to those residents. Thomas noted that under this plan, the landfill could last until approximately 2015. He said that NSP was hoping that some beneficial uses for the fly ash could be developed which would extend the life of the landfill and with it the life of the NSP plant. He said NSP was seeking to acquire the residences as a boundary due to the expansion of the landfill and not to fill any fly ash in those areas. • Council expressed concern about the relocation of the people and the residences which would be purchased by NSP. Bruce Colt, representing NSP, said that NSP would be willing to relocate the families of the homes and rental units it purchased. Thomas noted that with regard to the extension of the frontage road, that NSP is only willing to work with MNDOT and the City on putting the road in if they do not lose any landfill capacity and that NSP under the conditions of its permit with the State of Minnesota would have to retain title to the property that the road was constructed upon. Council asked City Engineer Anderlik to comment on the plan. Anderlik noted that the plan proposed by NSP is feasible from an engineering perspective. He said the policy issues involved are issues that need to be decided by the City Council. Ken Noyes of 15325 58th Street North asked several questions regarding the NSP Landfill expansion. Councilmember Swenson, noting Mr. Noyes' questions suggested that the City and NSP hold some type of a public meeting and invite all the residents of the area. He said at this meeting NSP could present the plan and answer any questions the residents have. Thomas agreed that would be a good idea and asked what councils opinion of the plan was. • 111 Page Five - Minutes 6/26/95 Mayor O'Neal noted that she favored the plan from a conceptual basis and thought NSP should proceed with development of the plan, with final details to be approved by the City Council. Councilmember Kern also agreed but noted that he wanted to be certain that the residents were informed and involved in the discussion of the plan. Council was in consensus that NSP could proceed, that they should set up some type of a public meeting, and that the meeting should be held sometime in the two weeks after the July 4th holiday. NSP Reclamation Proposal- Set a Public Hearing Date - Jerry Winslow, representing NSP and Sam Lucido, representing Wenck Associates were present to discuss NSP's proposed plan for the area known as the Junker Site. Winslow noted that this site had not been used since the early 70's and that it consisted of approximately 8 acres and that the north five and one -half acres had approximately 85,000 cubic yards of coal slag land filled in it and the south two and one -half acres had bituminous construction materials buried underneath the soil. Winslow noted that the coal slag was considered an inert material and was not environmentally threatening. NSP was considering this proposal to remove the coal slag and turn the area into a wetland because there was now a demand for the coal slag from • Black Diamond Industries of Woodbury, which would use the coal slag as sandblasting grit or as material for shingles manufacturing. He said the plan would be to create a wetland of approximately three to four acres in the northern part of this property and excavate the blacktop from the southern two and one - half acres and turn it into residential lots for development. Councilmember Robert asked about the testing of soils. Sam Lucido explained that they would be testing soils on the southern part of the site and on the northern part of the site after excavation. Councilmember Swenson noted that the draft plan said that the trucks could not go through Bayport but could go through Oak Park Heights and asked why this was the case. Lucido replied that a Bayport representative had said that they wanted no extra traffic going through their downtown. Mayor O'Neal noted that Highway 95 is a State highway and that there should be no restrictions on its use. She said that Oak Park Heights would not agree to any plan which restricted traffic from going through Bayport but which did not restrict traffic going through Oak Park Heights. Ken Noyes of 15325 58th Street North asked how the hours of operation were established. City Planner Richards noted that it was up to the City as part of the Conditional Use Permit to establish hours of operation. Winslow said that NSP was here to • apply for a Conditional Use Permit and asked the Council to set a Public Hearing date. . Page Six - Minutes 6/26/95 Councilmember Schaaf, seconded by Swenson moved to set a Public Hearing on this draft proposal and conditional use permit for July 24, 1995 at 7:30 p.m. Carried 5 -0. Met Council Sewer Billing and Usage Information - City Engineer Anderlik noted that Council asked him to examine the Met Council Waste Commission information to see whether or not an increase in water and sewer rates was warranted. Anderlik noted that Met Council billing varied a great deal from year to year and said that if it went up one year it tended to go down the next. He also noted that there was a new regulation limiting them to rate increases of four percent or less each year. Anderlik said that under the current rate structure, a cushion of approximately $8,000 was built in. He noted that the City would be receiving a credit for the purchase of the Bayport interceptor by the Met Council. Because of these reasons, he believed rates do not need to be increased at this time. He said Council had already commissioned a rate study for 1996 and suggested that this study be performed when the new Met Council billing rates for 1996 came out in October, 1995. Public Hearing: Proposed Haase Addition - Preliminary Plat - Mayor O'Neal opened • the Public Hearing at 9:25 p.m. Bruce Folz of Folz and Associates Surveyors and Daryl Haase were present, representing Elmer and Ruth Haase. Bruce Folz explained that they had read the City Planner's report and objected to only two of the provisions. They would like to keep the north south road named Haase Avenue rather than name it Novak Avenue as would be required under the County's road naming ordinance. Councilmember Swenson remarked that he would like to keep the road named Novak Avenue as he found for public safety purposes it was easier to find the streets when they were named on a regular pattern. Folz said that the other issue that the Haases disagreed with was the requirement to dedicate the 58th Street right -of -way. Folz said that Elmer Haase is in litigation on the piece of land south of the area proposed for the Haase Addition, he does not want to give up the 58th Street easement now as that would affect his litigation, and he requested that the City not require dedication of the 58th Street right -of -way as part of this proposed plat. City Attorney Vierling said that the Haase Addition as proposed was a piece meal subdivision as it only dealt with part of the land owned by Elmer Haase. He said for that reason, the City requirement that Haases dedicate the 58th Street right -of -way was well within the city guidelines and that staff strongly recommended that it be done. He also noted that the majority of . the 58th Street right -of -way was land owned by Elmer Haase and that requiring Haase to dedicate it at this point was an example of prudent planning by the City. • Page Seven - Minutes 6/26/95 Administrator Robertson also agreed that there was no reason not to dedicate 58th Street now. Upon hearing no further comment, Councilmember Schaaf, seconded by Councilmember Kern moved to close the Public Hearing at 9:45 p.m. Carried 5 -0. Councilmember Swenson, seconded by Councilmember Schaaf moved to approve the preliminary plat subject to the conditions listed in the City Planners report. Carried 5 -0. Design Review Committee - City Planner Richards updated the council on the Design Review Committee's discussion of MNDOT's proposed plan for the Highway 5 bridge. Council discussed the design of the bridge and also discussed establishing a lighting standard for the bridge and the frontage roads. Council also discussed its previous request to have the concrete barriers on the St. Croix River Bridge raised from two feet, eight inches to four feet. MNDOT Representative Mark Benson, noted that MNDOT had modeled Councils request based on a fifty percent increase over the traffic projected in the year 2017 and that modeling had shown only a minor decrease of one and a half decibels in the amount of noise that those barriers would stop. • Benson said that the human ear can only detect a three decibel increase and so increasing the size of the barriers on the bridge to four feet high would not resolve any detectable decrease in noise. After discussion, Council reaffirmed their resolution passed at a past council meeting requesting an increase in the height of the barriers on the bridge to four feet. City Newsletter - Council discussed the various bids received to produce a City Newsletter. Councilmember Swenson, seconded by Kern moved to accept the bid of The Courier News to produce each newsletter for a bid cost of $550 per newsletter. Carried 5 -0. Vision Committee Update - Mayor O'Neal discussed the recent meeting of the Vision Committee. Council discussed the Vision Committee's suggestion that a City party be held on Sunday, August 20th in Brekke Park as a celebration of the end of street reconstruction and that all city residents be invited. Council indicated support of the idea and agreed to discuss it further at the next council meeting. Trail Committee Update - Councilmember Robert discussed the draft trail plan that was being proposed by the Trail Committee. She noted that the next meeting of the Trail Committee would be Wednesday, June 28, 1995 at 7:00 p.m. at Oak Park Heights City Hall. She also indicated that at that meeting the Trail Committee would be discussing changes to the draft plan and would • be presenting the plan to the City Council at its next regular meeting on July 10, 1995 at 7:00 p.m. at Oak Park Heights City Hall. Page Eight - Minutes 6/26/95 Review Minutes - June 12, 1995: Councilmember Swenson, seconded by Kern, moved to approve the minutes of June 12, 1995 as presented Carried 5 -0. Review Minutes - June 19, 1995: Councilmember Swenson, seconded by Kern, moved to approve the minutes of June 19, 1995 with a change to reflect that the meeting had been held to discuss the Comprehensive Trail Plan. Carried 5 -0. New Business: Bid Award- 58th Street Improvement - City Engineer Anderlik noted the following bids were received for the 58th Street Improvement: Tower Asphalt $ 432,633.50 Valley Paving 452,745.50 Aero Asphalt 474,608.90 Forest Lake Contracting 477,486.75 Anderlik recommended approval of the low bid by Tower Asphalt. City Attorney Vierling noted that the City had received a written commitment from MNDOT Engineer, Chuck Siggerud of MNDOT's intent to contribute $230,000 toward this approvement and recommended approval of the bid as well. Councilmember Swenson, seconded by • Schaaf moved to approve Resolution 95- 06 -34, a resolution receiving bids and awarding contract for the 58th Street Improvement. Carried 5 -0. Arcon Development - Request For Preparation of Plans and Specifications - Autumn Ridge Phase II - Robertson noted that Rick Packer of Arcon Development was requesting preparation of plans and specifications of Phase II of Autumn Ridge contingent upon fees paid to the City. Councilmember Schaaf, seconded by Kern moved to direct the City Engineer to prepare plans and specifications for Autumn Ridge Phase II. Carried 5 -0. Proposed Water Tower Washing - Establish Bid Date - Councilmember Kern, seconded by Swenson, moved to establish July 24, 1995 as the date to receive bids for watertower washing with bids to specify that work will start in late September, after the street reconstruction is finished. Carried 5 -0. Set Budget Workshop Meeting Date - Councilmember Schaaf, seconded by Councilmember Kern moved to approve Monday, August 7, 1995 at 7:00 p.m. as a council workshop to review the 1996 budget. Carried 5 -0. Minnesota Association of Small Cities - Discussion of whether or not to join the Minnesota Association of Small Cities was tabled until the next meeting. • • Page Nine - Minutes 6/26/95 Correspondence: A.M.M. Policy Narrative & Success Report - Council acknowledged receipt of these items. City Engineer's Report - Screaton Annexation Proposal - Council discussed the City Engineer's report on the proposed Screaton Annexation. Councilmember Kern said that he would like information on any further meetings sent to adjacent property owners. Mayor O'Neal noted that no further meetings are scheduled at this time and that they would have to come at the Screaton's initiative. Letter- Washington County Public Works - Council discussed County Public Works request for a realignment of County State Aid Highway 28 as part of the bridge construction and Highway 36 /Highway 95 reconstruction project. Mark Benson of MNDOT noted that MNDOT was working with the County to attempt to redesign the road to meet their suggestions. Met Council - Preliminary Population Estimate - Council noted receipt of Met Council's population estimate and that the estimate as of April 1, 1994 was 3,721 people. • 58th Street Right -of -Way - City Attorney Vierling requested authorization to begin negotiation with all property owners for acquisition of the 58th Street right -of -way between Norell Avenue and Oakgreen Avenue. Councilmember Schaaf, seconded by Kern moved to authorize the City Attorney to begin above noted negotiations. Carried 5 -0. Utility Meter Reading Devices - Councilmember Robert noted that she had discussed some of the new utility meter reading devices at the League of Minnesota Cities Conference. She asked whether the City had ever considered using remote reading devices to save on labor and time. Anderlik noted that he did have some information on the subject and he would obtain the information and discuss it with council at the next meeting. Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn the council meeting at 10:51 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 411 • CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MEETING MINUTES, MONDAY, JUNE 19, 1995 Special Council Meeting - Workshop - Trail Planning: Mayor O'Neal opened the Council workshop at 7:32 p.m. Present: Councilmembers Robert and Swenson. Absent: Councilmembers Kern and Schaaf. Staff present: City Administrator Robertson and City Planner Liz Stockman. In attendance from Baytown were Supervisors Frank Shusterich and Andy Hansen, along with Steve Foley. In attendance from Oak Park Heights was Parks Commissioner Paul Plaster. Review of Draft Trail Plan - City Planner Stockman reviewed the trail plan. She noted that there were essentially three types of trails proposed. 1) On- Street Trails - Consisting of paved shoulders or local residential streets. 2) Grade Separated Trails - Consisting of sidewalks or other trails running parallel to but separated by a grade change from the roadway. 3) Overland Trails - Consisting of trails which do not follow a roadway but have their own right of way. • The plan also examines various corridors for the types of uses found within them. 1) Highway 36 Frontage Road - This corridor is used more for transportation than for recreational riding. 2) Highway 95 - This corridor is used for both transportation and recreation. Changes proposed on MNDOT bridge plans will increase its use. 3) Osgood Avenue - North of Highway 36 this corridor is heavily used to access shopping as well as for recreation. The plan calls for both sidewalks and paved shoulders for this corridor. South of the St. Croix Mall it would change from sidewalks to paved shoulders due to lack of room. 4) Oakgreen Avenue - The east side of the road will be a paved shoulder. The west side of the road will be an overland trail which would go behind the existing homes. 5) NSP Easement - This would be an overland trail. It would cross the St. Croix Mall parking lot. 6) 58th Street - Grade separated sidewalks are planned for this • corridor. The following policy issues were raised as part of the discussion; 1) Will the City maintain the trails in the winter? 2) Will snowmobiles be allowed on the trails? 3) If snowmobiles aren't allowed, where and how should the trails be blocked to keep them from being used? 4) Should the local residential streets be marked for trails? 5) If the streets are marked, would automobile parking be allowed on the marked trails? 6) Should the City acquire the land for trails, or just acquire trail easements? 7) How should the construction and acquisition of various sections of the trail plan be prioritized? 8) What priority should be placed on connections to Bayport, Stillwater, and Baytown? City Planner Stockman was directed to make the suggested changes to the Trail Plan. Council was in agreement that the Parks Commission should make recommendations as to the priorities of the Trail Plan. Council was in consensus that some aspect of the trail plan should be completed in 1995 and thought that striping the shoulders of Osgood Avenue north of Highway 36 might be the most feasible thing to do first. Council agreed to discuss these issues further when the changes • to the Trail Plan were completed. Adjournment: Mayor O'Neal adjourned the workshop at 9:03 p.m. Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS • COUNCIL MEETING MINUTES, MONDAY, JUNE 12, 1995 Call to Order: The meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, and Swenson. Absent: Councilmember Schaaf. Staff Present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Staff Reports: Police Department - City Administrator Robertson updated the Council on Police Department spring clean -up efforts. After discussion, Council directed Robertson to update them each council meeting on this subject. Utilities - Councilmember Kern asked about the light in the City parking lot. Robertson said that he had been in contact with NSP, but had not yet received a cost estimate. Council directed Robertson to go ahead with the installation of a new light in the parking lot. Water Management Organizations - Mayor O'Neal noted that the next meeting of the Brown's Creek Water Management Organization would • be June 21, 1995 at Stillwater City Hall. She also noted that the next meeting of the Middle St. Croix Water Management Association would be June 28, 1995 at Bayport City Hall. Cable Commission - Councilmember Swenson noted that the next Cable Commission would be held June 21, 1995 at 7:30 p.m. at Oak Park Heights City Hall. Councilmember Swenson also noted that the City was still seeking an alternate to the Cable Commission. Park Department - Councilmember Robert reported that the next meeting of the Parks Commission would be June 19, 1995 at 6:30 p.m. at Oak Park Heights City Hall. Old Business: Trail Committee - Councilmember Robert reminded everyone that the City Council would be holding a workshop meeting on the proposed bike trail plan at 7:30 p.m. on June 19, 1995. Design Review Committee - Councilmember Robert said that the next meeting of the Design Review Committee would be June 14, 1995 from 7:00 to 9:00 p.m. at Stillwater City Hall. Vision Committee - Mayor O'Neal reminded everyone that the next Vision Committee meeting would be held June 19, 1995 at 6:00 p.m. at the Oak Park Heights City Hall. • Page Two - Minutes 6/12/95 • Proposed Newsletter - Robertson reported that no new bids had been received on the newsletter. He said that only one bid had been received for doing the newsletter and one bid for printing the newsletter and asked if the Council wanted to solicit additional bids. After discussion, Robertson was directed to solicit additional bids, including posting a note at the League of Minnesota Cities Conference to see if the city could attract other bidders. Review Minutes - May 22, 1995: Councilmember Robert, seconded by Kern, moved to approve the minutes as presented. Carried 4 -0. Review Minutes - May 30, 1995: Councilmember Robert, seconded by Kern, moved to approve the minutes as presented. Carried 4 -0. Review Minutes - June 5, 1995: Councilmember Robert, seconded by Kern, moved to approve the minutes as presented. Carried 4 -0. New Business: Proposed Haase Addition - Set a Public Hearing - Councilmember Kern, seconded by Swenson, moved to set a Public Hearing for the proposed Haase Addition preliminary plat for Monday, June 26, 1995 at 7:30 p.m. Carried 4 -0. • Met Council Sewer Billing and Usage Information - Mayor O'Neal noted that the annual billing for 1994 showed that the City had underpaid its cost. She asked City Engineer Anderlik if this was a trend that would continue and would this mean that the City would be forced to raise its water and sewer rates? Anderlik said that the City Engineers office has been trying to anticipate Metro Waste Control's billing, but that it has been very erratic and tough to estimate. City Attorney Vierling noted that the City would be receiving a credit on bills due to Metro Waste Control because of their acquisition of the City's interceptor and that this would probably make up the difference. Councilmember Kern, seconded by Swenson, moved to have the City Engineer look at this issue and asked that it be placed on the next council meetings' agenda. Carried 4 -0. Approval of Plans and Specifications - Autumn Ridge - Robertson noted that Rick Packer of Arcon Development requested approval of plans and specifications for Autumn Ridge. City Attorney Vierling noted that a verbal agreement had been reached on the Developer's Agreement with Arcon Development. Vierling said the only thing the City is waiting for is for MNDOT to approve the agreement on 58th Street before the final platting and signing of • the Developer's Agreement can be concluded. • Page Three - Minutes 6/12/95 Councilmember Swenson, seconded by Robert, moved to approve the plans and specifications for Autumn Ridge. Carried 4 -0. NSP Reclamation Proposal - Robertson noted that the NSP Reclamation Proposal was not a direct proposal to the City, but a draft of a possible proposal that NSP was considering for the Junker site. He said that any proposals would have to come before the Council to receive a permit before implementation. Robertson said that this draft was put before the Council so that any questions they had could be carried back to Wenck Associates so that they could revise the draft proposal. Councilmember Robert noted that a test should be performed on the soils left behind, after removal of the coal slag, to see if all of the contaminated soil had been removed. Councilmember Swenson asked that it be noted specifically how far down that they would be digging to remove the coal slag. Councilmember Robert asked why restrictions had been placed on the trucks going through the City of Bayport and no restrictions were placed on trucks going through Oak Park Heights, since both routes would be using State highways. Council directed Robertson to transmit those questions to NSP and • ask that the next time that the draft plans were put before the Council that a representative be present to answer these and any other questions. Ordinance #95- 1102 -02 - Mayor O'Neal noted that this was a revision to the City's curfew ordinance, based on the metro -wide curfew ordinance adopted by the Counties of Washington, Dakota, Ramsey, Hennepin, and Anoka. City Attorney Vierling noted that Police Chief Lindy Swanson had reviewed the ordinance and recommended adoption. Vierling also noted that the city must adopt this ordinance in order to enforce the county -wide curfew. Councilmember Kern, seconded by Swenson, moved to adopt the ordinance. Carried 4 -0. Continuance of Memorandum - Goodwill /Easter Seal and the Cities of Oak Park Heights, Stillwater and Bayport - Councilmember Robert, seconded by Kern, moved to approve the continuance of the memorandum of understanding. Carried 4 -0. Joint Powers Agreement - Dakota County Consortium - Federal HOME Program - Vierling noted this was similar to the previous program. Mayor O'Neal asked whether the City of Oak Park Heights was actually involved in the program in 1994. Robertson was directed to check with the Dakota County Consortium and find out. Councilmember Robert, seconded by Kern, moved to approve the Joint Powers Agreement. Carried 4 -0. • • Page Four - Minutes 6/12/95 1995 Street Reconstruction Bonds - Steve Mattson, Bond Consultant with Juran & Moody, informed the Council that they had received seven bids for the street reconstruction bonds and that the low bid was 4.7718 %. Mattson noted that this bid was approximately twenty basis points lower than what he had estimated. He said this will result in a savings of about $5,000 a year in tax levies over the life of the bond. Mattson also noted that Moody's Investors Service has rated the City's bond at an "A" rating. Councilmember Kern, seconded by Councilmember Robert, moved to approve Resolution 95- 06 -32, a resolution accepting the bid of sale of $1,130,000 General Obligation Improvement Bonds of 1995, providing for their issuance, pledging for the security thereof, and levying a tax for the payment thereof. Carried 4 -0. Screaton Annexation Request - David Screaton of Oakgreen Farms was present, representing the Screaton's. He said he asked to be annexed for the sake of good planning and had no immediate plans for development of his land. He noted that he had received the City Planners report and that he agreed with the conclusion of the report, that there is not an immediate need for the land to be annexed to the City of Oak Park Heights, but said he wanted to start the process moving. • City Planner Richards discussed his report. He noted his recommendation that City expansion come by an orderly annexation agreement with the Baytown Township, rather than annexing land piece -by- piece. Frank Shusterich, Baytown Township Supervisor, was present, representing Baytown Township. He said that Baytown Township is currently working on a comprehensive plan and is opposed to the annexation at this point in time, but would be willing to discuss the issue further when the comprehensive plan is finished. He anticipates that the comprehensive plan will be finished by Baytown Township sometime this fall and submitted to the Metropolitan Council. Mayor O'Neal noted that she would like to wait for the Metropolitan Councils recommendation on Baytown's comprehensive plan before taking any action. City Engineer Anderlik made his report on the proposed annexation. He noted that the estimates for sewer and water area charges were much higher than the average for the area east of Highway 5 because only the 55 acres that the Screatons own are proposed for annexation. He said if just those 55 acres were annexed, the area charges would be approximately $9,000 an acre. He said the area would need several lift stations in order to be served and would require the sewer and water lines be jacked under Highway 5. • • Page Five - Minutes 6/12/95 Anderlik noted that other area estimates for sewer and water area charges in the general vicinity are approximately $5,800 an acre. He said that if all the land north of the Screatons, west of Highway 5 running all the way up to Highway 36 would be annexed along with this proposal, that the sewer and water area charges would be the same as other areas, or approximately $5,800 an acre. David Screaton noted that those figures were similar to what they expected and he did not find them cost prohibitive. Anderlik also noted that MNDOT plans for the upgrade of the Highway 5 Bridge across with Highway 36 show plans to expand Highway 5 to four lanes with a median running south from Highway 36 to approximately 53rd Street. He said that MNDOT would have to acquire land from the Screatons and all of the landowners along Highway 5 for that distance in order to widen the road. He said that when this process was done Screatons would have less than 55 acres available to be annexed into the City. Council was in consensus to take no action on the annexation proposal at this time, but to wait until the Baytown Township Comprehensive Plan was finished. Mr. Screaton said that he was very satisfied with waiting until that plan was finished and would be happy to discuss the issue with the Council in the • future. Brackey Addition - City Attorney Vierling noted that he wished to hire an appraiser for the property in the Brackey Addition which the City needs to acquire for storm water ponding. Councilmember Kern, seconded by Swenson, moved to approve hiring an appraiser for the above purpose. Carried 4 -0. Banner For Lumberjack Days - Mayor O'Neal said that she had met with Lumberjack Days Parade Coordinator Dave Eckberg. She noted at this point they have received confirmations for ten marching bands to be in the parade. She also noted that they had tried to design a parade route which would include part of the City of Oak Park Heights. Mayor O'Neal told council that parade coordinators are requesting the Mayors and the City Councils of all cities ride in the parade. She noted that the City could purchase a banner listing the City of Oak Park Heights, which would be carried in the Lumberjack Days Parade. Councilmember Swenson, seconded by Councilmember Robert, moved to approve purchase of a banner in the amount of $180. Carried 4 -0. Pay Bills: Councilmember Kern, seconded by Councilmember Robert, moved to pay the bills. Carried 4 -0. 410 Page Six - Minutes 6/12/95 Correspondence: Letter - Minnesota Association of Small Cities (MAOSC) - Mayor O'Neal noted the City had received a request to join MAOSC. Robertson recommended that those Councilmembers attending the League of Minnesota Cities Conference use the opportunity to meet with officials of the MAOSC and discuss the organization with them. Council agreed and directed City Administrator Robertson to put this issue on the next council agenda. Washington County Elected Officials Meeting Notice - Mayor O'Neal noted that elected officials in Washington County were invited to a meeting with the Metropolitan Council on Wednesday, August 30, 1995 from 7:00 p.m. to 9:00 p.m. at the Washington County Government Center Board Room. Letter - Sue and Steve Frederickson - Mayor O'Neal noted that the Frederickson's had sent a letter discussing their problems with the drainage ditch on their property. Councilmember Robert asked if the City had released the funds in question. City Administrator Robertson stated that the funds had not been released but that the letter of credit with Gardner Brothers and Heritage Development have lapsed. Councilmember Kern, seconded by Robert, moved to have the City Attorney contact the Fredericksons and discuss the situation with them. Carried 4 -0. • Adjournment: Councilmember Swenson, seconded by Kern, moved to adjourn at 8:10 p.m. Carried 4 -0. Respectfully submitted, Michael Robertson City Administrator 411 ML CITY OF OAK PARK HEIGHTS 41 11. COUNCIL MEETING MINUTES, WEDNESDAY, JUNE 5, 1995 Special Council Meeting - Proposed Highway 36 /St. Croix River Bridge: Mayor O'Neal opened the special City Council meeting at 7:00 p.m. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson, City Attorney Vierling, City Planner Richards, City Auditor Mol. An estimated 10 people were in attendance. Mayor O'Neal explained that the purpose of the meeting was to hear staff's reports on the proposed St. Croix River Bridge, Highway 36 & Highway 95 Layout Plans. After staff reports there would be a period for public comment from those who had not commented on the issue before, and then Council would make their recommendation on whether to approve or disapprove the plans. Staff Reports: City Planner Richards presented the staff report summarizing the comments and recommendations of the City Planner, City Engineer, City Attorney, and City Administrator. The comments included; requests for extension and realignment of frontage roads; construction of additional sidewalks /trails to make connection to other proposed or existing trails; discussion of street design for dead end roads; requests for firm landscape plans; and . creation of off -road trails. City Auditor Mol presented a report analyzing the effect the proposed plans would have on the City tax base. The amount of land removed from the tax base for the bridge and highway improvements would equal 2.4% of the 1995 City tax base. This is based on 1995 estimated market values for the effected properties. In addition, up to 2% of the tax base could be lost due to depreciation of property values caused by the loss of views and /or greater proximity to traffic or noise. This means up to 4.4% of the City tax base could potentially be lost because of the proposed bridge and highway construction. Councilmember Robert noted that the proposed park & ride lot would be adjacent to City neighborhoods and she wanted the City to control the use of the lot. In particular she did not want the lot used on weekends as a shuttle lot for downtown Stillwater tourist traffic without Council permission. Administrator Robertson requested that he and Police Chief Swanson be involved in the construction planning so that they can be certain that emergency response and construction sequencing will be satisfactory. Mayor O'Neal suggested a task force be formed with MNDOT that would include officials from all effected local governments. III 41/ Page Two - Minutes 06/05/95 Councilmember Swenson requested that all traffic lights be 411 constructed with controls that emergency vehicles could override. Mayor O'Neal requested that MNDOT re- imburse the City for the loss of revenue due to lost tax base. She suggested an increase in LOCAL Government Aid (LGA). Councilmember Robert suggested that such re- imbursement should also include money for maintenance costs on the frontage roads. Public Comments: Mary Sharbono, 14630 57th Street - She said she was opposed to the bridge, that she felt Oak Park Heights was being sacrificed to help other communities in Minnesota and Wisconsin. She said that the bridge issue was like David & Goliath, with MNDOT Goliath, the City of Oak Park Heights David, and she didn't know what could be used as a sling. Dale Thorn, 6403 St. Croix Trail - He noted that the tax base loss would be perpetual and not just for one or two years. He asked the Council to make certain that MNDOT documented their promises. Council Statements: Mayor O'Neal - She felt the bridge was a once in a lifetime • decision. She felt the Council had a moral obligation to make a decision which would best benefit the entire community. She felt that public safety dictates the need for a new bridge. She felt that; 1) 2) No matter which corridor was chosen for the bridge someone would suffer and object to it. Because it was well known that some environmental groups intend to sue MNDOT over the bridge, it was best to let those groups spend their dollars on that effort and not waste Oak Park Heights taxpayer's dollars fighting against the bridge. 3) If they did not approve the plans, the City of Oak Park Heights would lose control of the decision to an appeals panel. 4) If the City chose to work with MNDOT, it could receive a better deal. She urged the Council to approve the plans subject to MNDOT implementing staff's recommendations. Councilmember Swenson - He stated that he knew many people were affected negatively by the bridge, and he was sorry for them. He wished MNDOT would have looked harder at the central corridor, because he thought that would have been the best solution. He felt that public safety was the number one issue and because of that, he was willing to approve the plans as long as they included staff's recommendations. Page Three - Minutes 06/05/95 Councilmember Robert - She said that she understood that many people wanted a decision so that the whole process would be over and she was sorry they had to wait so long. She said the long wait was not the City's fault because it was forced to wait for MNDOT to complete the final Environmental Impact Statement (EIS) and submit the Highway Layout Plans before making any decision. She felt the bridge would help Wisconsin and Stillwater, not Oak Park Heights. She was not satisfied with what MNDOT had submitted, and she would not approve the plans unless MNDOT made firmer commitments. Councilmember Kern - He felt that the important issues were public safety, traffic, and civil defense. Because of that, he would approve the plans if staff's recommendations were implemented. Councilmember Schaaf - He felt it was a case of costs and benefits and Oak Park Heights has costs but does not receive any benefits. He felt the main problem the bridge was designed to solve was traffic through Stillwater and that was not Oak Park Heights problem. He didn't feel that this bridge would solve the traffic problem in downtown Stillwater. He said that MNDOT's requirements for the size of the bridge forced them to choose the Southern Corridor and not give real consideration to the Central corridors. He said MNDOT had received a design in the Central Corridor which would have solved all the traffic problems without the tax base impacts and without damaging the river bluffs. He felt Wisconsin was the primary beneficiary of the new bridge and that if Wisconsin upgraded their roads between the New Richmond area and Interstate 94 that a lot of the traffic currently coming across the bridge would use the Interstate 94 bridge. He would recommend that the City not approve the plans, and to seek to have the appeals process started. Mayor O'Neal thanked Councilmembers for their comments. Councilmember Kern, seconded by Swenson, moved to forward staff's reports and recommendations, along with the additional recommendations made by Council, to MNDOT for official response. Mayor O'Neal noted that this action did not constitute official approval or disapproval of the submitted plans. Carried 3 -2, Councilmembers Robert and Schaaf opposed. Adjournment: Councilmember Swenson, seconded by Robert, moved to adjourn the meeting at 8:22 p.m.. Carried 5 - 0. Respectfu ly submitted, , 410 Michael Robertson City Administrator ti CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, MAY 22, 1995 Call to Order: The meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, & Swenson. Councilmember Schaaf arrived at 7:08. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, and City Planner Richards. Visitors: Carl Ranum - Street Reconstruction - Ranum representing John Junko and Allen Connel, said his clients were concerned about some aspects of the street reconstruction improvement. City Attorney Vierling noted that the City was in litigation with Mr. Connel seeking a temporary construction easement, and recommended that the Council not discuss the matter further in public but let him continue to negotiate privately with Mr. Ranum. Ranum said that he thought things could be resolved through negotiation. Staff Reports: Cable Commission - Next meeting will be June 21 at 7:30 at Oak Park Heights City Hall. Councilmember Swenson reported that Mick Korich had attended the last meeting and was considering whether to apply to be the City's alternate to the Cable Commission. Park Department - Councilmember Kern, seconded by Schaaf, moved to approve the following Park Attendants for the summer as recommended by Jeff Kellogg. Linsy Dickhausen, Chuck Sample, John Krueger, and Tami Baker. Christopher Saladin and Matt Hintz were approved as alternates. Carried 5 -0. Councilmember Robert, seconded by Swenson, moved to approve the purchase of four tot seats for swings at a cost of $263.60, to be taken from the Park Capital Improvements Fund. Carried 5 -0. City Engineer Anderlik was directed to examine the problem of a culvert washing out in Valley View Park and report back to the Council. Administration - Mayor O'Neal noted she would be attending the Association of Minnesota Municipalities (AMM) Annual Business Meeting. Robertson noted that he had received several quotes on the proposed City newsletter and was waiting for several more. Mayor O'Neal reminded everyone to vote in the School Bond election the next day. Mayor O'Neal thanked City Engineer Anderlik for his firm's $200 411 donation to City parks. Page Two - Minutes 05/22/95 Old Business: Stillwater Area Chamber of Commerce Funding Request - Chris White, Chamber Executive Director, was present representing the Chamber. After discussion, Councilmember Kern, seconded by Swenson, moved to approve a donation of $2,500.00 to the Chamber. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to approve a donation of $500.00 to the Tourism Alliance. Carried 5 -0. Menards - Request for Pylon Sign - Gary Colby was present representing Menards requesting that the Council grant a approval for either a 200 square foot, 30 foot high sign located close to the frontage road, or, a 400 square foot, 80 foot high sign located just north of Menards property. City Planner Richards noted that since the City did not allow billboards, Menards must own the land its sign is located upon. Jim McGovern, representing landowner Bob Brackey, said they were willing to comply with whatever the City required. Councilmember Swenson, seconded by Schaaf, moved to approve a 200 square foot, 30 foot high pylon sign for Menards as a condition of their previously granted Conditional Use Permit, with the further condition that the land the sign was located on be owned by Menards. Carried 5- 0. Update on Applebees - Robertson noted that the City had received a request from Elmer Haase for a feasibility study to be done for the proposed Haase Addition, along with a check to pay for the study. Councilmember Kern, seconded by Swenson, moved to direct the City Engineer to perform the feasibility study. Carried 5 -0. Trail Committee - Councilmember Robert noted that staff has issued a Draft Trail System Plan, which will be discussed at the next Trail Committee meeting on May 24 at 7:00 p.m. Councilmember Schaaf, seconded by Swenson, moved to set a Council workshop on Monday, June 19, 1995 at 7:30 p.m. at Oak Park Heights City Hall for Council to review the proposed Trail System Plan. Carried 5 -0. Update on Design Review Committee - Councilmember Robert updated the Council on the latest meeting. Robert, seconded by Schaaf, moved to request MNDOT to raise the concrete barrier on the proposed St. Croix River Bridge to 4 feet for greater noise reduction, this request does not constitute a response to MNDOT's proposed layout plans for the bridge or Highway 36 pursuant to MS - 161.174. Carried 5 -0. • Page Three - Minutes 05/22/95 III Vision Committee - Mayor O'Neal discussed the draft vision statement and guiding principles. Councilmember Schaaf said he would like the housing issue discussed as part of the guiding principles. City Planner Richards noted that the Committee could reference the Comprehensive Plan dur development of its goals and objectives. Review Minutes - May 8, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes with the time of the Park's Commission meeting changed to 6:30 p.m. Carried 5 -0. Review Minutes - May 9, 1995: Councilmember Kern, seconded by Swenson, moved to approve the minutes. Carried 5 -0. Councilmember Robert, seconded by Schaaf, moved to amend the minutes to reflect a joint Council workshop time of 7:00 p.m. Carried 5 -0. Public Hearings: Request for Home Occupation Permit - Seeding Contractor - 14421 Upper 56th Street - Mayor O'Neal opened the public hearing at 8:46. Terry Miller discussed his seeding business. He said that all equipment and materials were stored off site and that he expected no traffic at his residence. Councilmember Kern, seconded by Schaaf, moved to close the public hearing at 8:50. III Carried 5 -0. Councilmember Kern, seconded by Robert, moved to approve the permit. Carried 5 -0. Request for Liquor, Cigarettes, & Game Machine Licenses - Doyle's Bowling Center & Pub - 5862 Omaha Avenue North - Mayor O'Neal opened the public hearing at 8:50. John Doyle discussed his business. He noted that he would have security on site to patrol the parking lot and enforce the curfew. He said he would pick up litter on a daily basis and hoped to open June 1, 1995. City Attorney Vierling noted that both he and the Police Chief were satisfied with the information they had received about the application. Councilmember Schaaf, seconded by Kern, moved to close the public hearing at 8:55. Carried 5 -0. Councilmember Schaaf, seconded by Robert, moved to approve the licenses. Carried 5 -0. New Business: Resolution 95 -05 -28 - A Resolution Approving a Gambling Premises for Eagles at Doyles Bowling Center & Pub - City Attorney Vierling noted that the Eagles previously had a permit at this location. Councilmember Schaaf, seconded by Kern, coved to approve the Resolution 95- 05 -28. Carried 5 -0. 110 • Page Four - Minutes 05/22/95 Preliminary Report - Utility & Street Improvements - Brackey Addition - City Engineer Anderlik described the report. Anderlik noted that estimated costs were similar to those in other parts of the metropolitan area and that he found the improvement feasible. Councilmember Kern, seconded by Robert, moved to approve the report. Carried 5 -0. Proposed Emergency Warning Siren - Councilmember Swenson said that since the siren would serve parts of Stillwater, Stillwater Township, and Baytown, he would like to see those governments asked to participate in funding the siren. Councilmember Kern, seconded by Schaaf, moved to approve the siren with moneys to be expended from the Capital Improvements- Unallocated account, contingent upon final site selection. Carried 5 -0. Robertson was directed to contact the other governments about funding and to obtain a map of the areas served by Stillwater's warning sirens. Resolution 95 -05 -29 - A Resolution Approving Proposed Water Meter Price Increase - Councilmember Swenson, seconded by Schaaf, moved approval of Resolution 95- 05 -29. Carried 5 -0. City Attorney Vierling was directed to provide a memo to Council on which votes require a resolution and a super majority. • NSP Application for New Gas Mains - Councilmember Kern, seconded by Schaaf, moved approval of the NSP application. Carried 5 -0. Resolution 95 -05 -30 - A Resolution Approving Plans & Specifications and Establishing a Bid Date for the 58th Street Improvement - Councilmember Schaaf, seconded by Kern, moved to approve the Resolution 95- 05 -30. Carried 5 -0. Proposed Change Order No 1 - Valley View Estates Phase II - Councilmember Schaaf, seconded by Swenson, moved to approve Change Order No. 1. Carried 5 -0. Request for a Blacktop Driveway Apron - Street Reconstruction - Council discussed the request from a resident for a blacktop rather than a concrete apron. City Engineer Anderlik recommended that Council maintain its policy of providing everyone a concrete apron. Council was in consensus that there would be no deviation from the City Engineer's recommendation. Proposed St. Croix River Bridge EIS - Mayor O'Neal read a letter to MNDOT which stated that the City found the Final EIS for the proposed St. Croix River Bridge inadequate and the reasons why. Councilmember Swenson, seconded by Schaaf, moved to approve Resolution 95 -05 -31 based on the letter. Carried 5 -0. • Page Five - Minutes 05/22/95 Correspondence: Letter from Bayport Police Chief - Mayor O'Neal read a letter from Bayport Police Chief Peter Vollmer thanked Councilmember Swenson for his actions while a reserve Police Officer in Bayport which saved a persons life. Robertson was directed to place the draft NSP Reclamation Plan and the Met Council sewer billing issue on the next meetings agenda. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn at 9:51 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator • • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, MAY 8, 1995 Call to Order: The meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, & Swenson. Councilmember Schaaf arrived at 7:05. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Auditor Mol, and Financial Advisor Mattson. Visitors: Dave Eckberg - Request for Funding for Lumberjack Days - Eckberg asked the City Council to fund the cash awards for the Lumberjack Days Parade, which would cost $1,950. The Lumberjack Days committee would issue vouchers to the winners, who would then pick their checks up at City Hall. Councilmember Robert, seconded by Kern, moved approval of funding the above proposal for $1,950. Carried 4 -1, Schaaf opposed. Tom Porter - Nuisance Code Enforcement - Porter said he was upset that the bridge decision wasn't moving faster and said that he did not understand what the City wanted him to do with regard to the vehicle parked on his property. Robertson was directed to send a letter to Porter explaining what the City required of him. • Staff Reports: Police Department - Mayor O'Neal read a memo from Police Chief Swanson noting Monday, May 15 is National Law Enforcement Memorial Day. Cable Commission - Councilmember Kern asked if any resident was interested in being on the Cable Commission as the City is looking for an alternate member. Park Department - Councilmember Robert reported that the next Parks Commission meeting will be Monday, May 15 at 6:30 p.m. Administration - Robertson noted that Washington County was having a special meeting Thursday, May 11 at 8:30 a.m. to discuss changes in garbage tipping fees. Utilities Department - Robertson noted that the street sweeping should be finished in a week. Fire Department - Councilmember Swenson reported that the City met with Fire Chief Schwartz on Monday, May 1 in a workshop to familiarize themselves with fire equipment and to discuss Fire Department related issues. • • Page Two - Minutes 05/08/95 Old Business: Preliminary Report - Utility Improvements - Autumn Ridge Addition - Rick Packer of Arcon Development requested City approval of the feasibility report and asked that plans and specifications for the improvement be prepared. Packer noted that he had made a cash deposit to the City to pay for these expenses. Councilmember Schaaf, seconded by Kern, moved approval of the feasibility report and directed the City Engineer to prepare plans and specifications. Carried 5 -0. Brackey Addition - Request for Final Plat Approval - Councilmember Kern, seconded by Swenson, moved to table the request. Carried 5 -0. Update on Menards - Robertson said that Gary Colby of Menards was unable to attend the meeting but he would be present at the May 22 Council meeting. Update on Applebees - Robertson said he had heard nothing new from either the Haases or Applebees. Trail Committee - Councilmember Robert said that the Committee would be discussing possible trail routes at its next two III meetings of Tuesday, May 16 at 7:00 p.m. and Wednesday, May 24 at 7:00 p.m., both meetings to be held at Oak Park Heights City Hall. Vision Committee - Mayor O'Neal reported that the Vision Committee is developing a draft Vision Statement and will have it ready for Council review at the next Council meeting. Update on Trail Committee - Councilmember Robert reported that the next meeting was Tuesday, May 16th and that the Committee would be developing a proposed trail system. Update on Design Review Committee - Councilmember Robert noted that the next meeting was Wednesday, May 10. Review Minutes - April 24, 1995: Councilmember Kern, seconded by Schaaf, moved approval of the April 24, 1995 minutes. Carried 5- 0. Review Minutes - May 1, 1995: Councilmember Kern, seconded by Schaaf, moved approval of the April 24, 1995 minutes. Carried 5- 0. III Page Three - Minutes 05/08/95 Public Hearings: Request for Variance to Encroach 4 feet into the Side Yard Setback - Robert & Donna Bement - 14290 Oldfield Court - Mayor O'Neal opened the public hearing at 7:42 p.m. Robert Bement described his request. Comments in support of the request were received by Wayne Peterson of 14287 Oldfield Court and William Choiniere of 14284 Oldfield Court. Hearing no further comments from the public, Councilmember Kern, seconded by Swenson, moved to close the public hearing at 7:44 p.m. Carried 5 -0. Councilmember Kern, seconded by Swenson, moved to approve the variance. Carried 5 -0. Request for Kennel License - Mike & Mary Kay Moller - 14316 Upper 56th Street - Mayor O'Neal opened the public hearing at 7:45 p.m. Mary Kay Moller said that they wished to add a third dog to their household and that their dogs are for personal use and not for commercial breeding. Hearing no comments from the public, Councilmember Schaaf, seconded by Robert, moved to close the public hearing at 7:47. Carried 5 -0. Councilmember Schaaf, seconded by Swenson, moved to approve the kennel license. Carried 5 -0. • New Business: Eagles Club - Request for Permit to hold a Street Dance on Lumberjack Days - Dave Nelson, Gambling Manager, was present representing the Eagles Club. Nelson said the Eagles intended to rope off part off the parking lot for the dance, and would make arrangements with the surrounding businesses to use their lots for parking. The Eagles have no plans to have alcohol sales outside their building and will provide security for the event. Councilmember Kern, seconded by Schaaf, moved approval contingent upon the Police Chief's satisfaction with all arrangements. Carried 5 -0. Resolution 95 -05 -24 - A Resolution Approving a Gambling Premises for Stillwater Eagles Aerie 94 Stillwater - Dave Nelson, Gambling Manager, was present representing the Eagles Club and requesting renewal of their permit. Councilmember Swenson, seconded by Robert, moved acceptance of Resolution 95- 05 -24. Carried 5 -0. Ordinance No. 95- 1001 -24- An Ordinance Amending Chapter 1001 of the Code of Ordinances of the City of Oak Park Heights to add Section 1001.215 Affecting Connection to City Storm Water Systems, Sump Pumps, and Connections to Sanitary Sewer Systems - Councilmember Schaaf, seconded by Kern, moved acceptance of ordinance 95- 1001 -24. Carried 5 -0. 411 Page Four - Minutes 05/08/95 Approval of Area A Street Reconstruction - City Engineer Anderlik discussed the bids, noting that the low bid was $118,000 below estimated costs. He also noted that to do the improvement across two years rather than in one year would cost $104,000 extra. City Auditor Dave Mol discussed the financing implications for the City, including the estimated effect on property taxes. City Financial Advisor Steve Mattson described the bonding process, assessment estimates, and cash flow assumptions. Councilmember Robert said she would like to discuss establishing a deferred assessment ordinance in the future. Robertson was directed to examine other cities deferred assessment ordinances and have a report ready by August 14, 1995. Resolution 95 -05 -26 - A Resolution Receiving Bids and Awarding Contract for the Street Reconstruction and the Related Improvements of 1995 Project - Councilmember Swenson, seconded by Kern, moved approval of Resolution 95- 05 -26. Carried 5 -0. Resolution 95 -05 -27 - A Resolution Providing for the Sale of $1,130,000 General Obligation Improvement Bonds of 1995 - Councilmember Kern, seconded by Schaaf, moved approval of Resolution 95- 05 -27. Carried 5 -0. • Stillwater Area Chamber of Commerce - Funding Request - Council directed Robertson to ask the Chamber Executive Director to attend the next meeting to discuss the funding request. Proposed St. Croix River Bridge EIS - Councilmember Kern, seconded by Schaaf, moved to table further discussion of the EIS until May 22, 1995. Carried 5 -0. Resolution 95 -05 -25 - VFW Resolution - A Resolution Congratulating the VFW Greeder - Hines- Comfort Post No. 323 for their 75th Anniversary Diamond Jubilee - Councilmember Swenson, seconded by Robert, moved approval of Resolution 95- 05 -25. Carried 5 -0. Building Inspections Contract - Buildina Inspection Services, Inc. - Councilmember Kern, seconded by Swenson, moved approval of the Building Inspector's contract. Carried 5 -0. Waiver of Statutory Minimum - City Liability Insurance - Councilmember Swenson, seconded by Kern, moved to waive the Statutory Minimum. Carried 5 -0. Oliver - Mondale Bill - Mayor O'Neal stated that her position on this proposed bill had been incorrectly stated by the Minneapolis Star Tribune. She said she had favored the bill but could not • now support it because it included forgiveness of a $50 Million dollar loan to Bloomington for construction related to the Mega - Mall. • Page Five - Minutes 05/08/95 Payment of Bills: Councilmember Kern, seconded by Robert, moved to pay bills. Carried 5 -0. Correspondence: Stillwater Area Schools - Bond Election Hours - Mayor O'Neal noted the School Bond election hours are from 10:00 a.m to 8:00 p.m., Tuesday, May 23, 1995, and that all City residents will vote at City Hall. Vision Committee Meeting Minutes - Council acknowledged receipt of the Vision Committee Minutes. Letter from BFI Waste Systems - Council acknowledged receipt of a letter from BFI. S•ecial Join •un it Meetin• wi h Stillwa er Ci • n '1 - Ma 9, 1995 - Mayor O'Neal noted there would be a joint meeting of the Oak Park Heights and Stillwater City Councils Tuesday, May 9, 1995 at 7:30 p.m. at Stillwater City Hall. Adjournment: Councilmember Schaaf, seconded by Kern, moved to adjourn at 9:00 p.m. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator • III CITY OF OAK PARK HEIGHTS COUNCIL WORKSHOP MEETING MINUTES, MONDAY, MAY 1, 1995 Special Council Meeting - Workshop - Fire Department: Mayor O'Neal opened the Council workshop at 7:35 p.m. Present: Councilmembers Robert, Schaaf, and Swenson. Absent: Councilmember Kern. Staff present: City Administrator Robertson, City Attorney Vierling, Parks Supervisor Kellogg, and Fire Chief Schwartz. Robertson said that Councilmember Kern could not be present as he was attending the Cable Committee meeting. Fire Chief Schwartz gave Council a tour of the Fire Department and explained the functions of fire department equipment. Flushing Hydrants - Kellogg estimated that there were 250 -300 hydrants in the City. Council discussed the process of working with the Fire Department to flush all hydrants and notifying residents that their water might be rusty for a while after the flushing. Robertson said that it had been his intention from the beginning to have at least one member of the Utilities Department working with each fire department crew. Chief Schwartz said he would check at the next Fire Department meeting to see if they were satisfied with the arrangements. • Commercial Fire Inspections - Mayor O'Neal asked if anyone on the Fire Department was qualified to provide fire inspection services for commercial and industrial properties. Chief Schwartz said that no one was, and recommended that the City hire someone from outside the community to provide the service. Council discussed what type of inspections should be provided and what liability the City might incur. City Attorney Vierling said that liability should not be an issue and that Council should focus on whether the inspections would improve safety. Council asked Chief Schwartz to provide a list of inspectors to Robertson. Fire Substation in Oak Park Heights - Council discussed whether a sub station would lower the ISO rating for the community. Chief Schwartz said he would look at his information to see what would be the most cost effective way to lower the ISO rating. Council also discussed how a sub station would improve response time. Adjournment: Mayor O'Neal adjourned the workshop at 9:20 p.m. Respectfully submitted, is ael 'o.ertso City Administrator III CITY OF OAK PARK HEIGHTS III COUNCIL MEETING MINUTES, MONDAY, APRIL 24, 1995 Workshop - Staff Reports: Mayor O'Neal opened the workshop at 6:35. Present: Councilmembers Kern, Robert, & Swenson. Councilmember Schaaf arrived at 6:58. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, and Utilities Superintendent Benson Utilities Department Flushing Water Hydrants - Superintendent Benson expressed concern about personnel other than the Utilities Department flushing City water hydrants. He also felt the policy change should have been discussed with him before it was implemented. Robertson said that the intent was always to have someone from the Utilities Department work with the Fire Department in flushing the hydrants and that was how the work would be done. Councilmember Swenson said that his motivation was to eventually see the City's ISO rating lowered and that required flushing the hydrants at least twice per year. Benson said that he had kept records of hydrant flushing each year to make certain each one was flushed, but he had always thrown them away at the end of the • year after the job was done. Street Sweeping Bid - Robertson noted that Council wanted Benson's opinion as to the low bidder for street sweeping services. Benson said that the City had used St. Croix Sweeping in the past and that he thought they did a good job. Councilmember Robert said that she thought a few spots had been missed the year before. Benson said that the City follows behind the sweeper to collect the sweepings and that if any spots were missed he would call the sweeper back to finish the job. Councilmember Robert expressed concern about dumping street sweepings in Valley View Park. Benson stated that he knew of no other place to put the sweepings, and that it would cost the City more money to have the sweepings hauled away. Robertson was directed to contact NSP to see if there would be any part of their high wire easement that could be used. Councilmember Kern asked whether the City should sweep the Area A streets when they are going to be reconstructed in a month or two. Council was in consensus that the streets should be swept to maintain a good appearance. Council was in consensus that staff meetings should only be scheduled by Robertson before the regular Council meeting when he • thought there was a need. • Page Two - Minutes 04/24/95 Call to Order: The meeting was called to order at 7 :00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, and Utilities Superintendent Benson. Visitors: Proposed Metro Area Curfew Ordinance - Dick Arney, Washington County Attorney, discussed the proposed county wide and metro area wide curfew ordinance. Mayor O'Neal read a memo from Police Chief Swanson supporting the proposed curfew. Councilmember Kern, seconded by Schaaf, moved adoption of Resolution 95- 04 -20, A Resolution Strongly Supporting the County Wide Curfew. Carried 5 -0. Staff Reports: Police Department - Councilmember Swenson, seconded by Robert, moved to increase part time Officer Brian DeRosier's pay to $13.00 an hour based on Chief Swanson's performance review. Carried 5 -0. Councilmember Swenson, seconded by Kern, moved to grant Chief Swanson authority to use up to $2,050 from the Forfeiture account to purchase a fax machine. Carried 5 -0. • Councilmember Schaaf, seconded by Kern, moved to have the Police Department deliver Council packets to those who request them. Carried 5 -0. Cable Commission - Councilmember Robert, seconded by Swenson, moved to appoint Councilmember Dean Kern, Sr. as an alternate to the Cable Commission. Carried 5 -0. Administration - Robertson noted that he had granted Building Inspector Jim Butler two months unpaid leave for medical reasons. Councilmember Kern, seconded by Swenson, moved to approve continuing Butler's insurance with the City for this period. Carried 5 -0. Councilmember Robert asked who would enforce the nuisance ordinance while Butler was on leave. Council directed Robertson to have the Police Department enforce the ordinance. Utilities Department - Benson reported that the locator was not working and needed to be replaced and that he would like to stain the hockey arena boards to improve their appearance and lengthen their life. Council was in consensus to proceed with both projects. • Page Three - Minutes 04/24/95 • Fire Department Workshop - Mayor O'Neal noted that the Council would meet at Bayport Fire Hall for a workshop with the Fire Department on Monday, May 1, 1995 at 7:30 p.m. Vision Committee - Councilmember Schaaf, seconded by Mayor O'Neal, moved to appoint Milan and Kathy Korich, Pete Chamberlain, Liz Swierz, Mike Robertson, Councilmember Mark Swenson, and Mayor O'Neal to the Visioning Committee. Carried 5- 0. Park Equipment - Councilmember Robert, seconded by Schaaf, moved to approve the purchase of the following equipment from St. Croix Recreation Company for Brekke Park at a total cost of $8,061.28. Steam Engine $3,995.00 Goods Wagon $1,695.00 Springosaurus $ 585.00 Crazy Daisy $ 595.00 Gemini Spring Rider $ 610.00 Rotating Sand Table $ 505.00 Carried 5 -0. St. Croix Valley Hockey Association - Council noted with thanks • St. Croix Valley Hockey Association's cleanup efforts at Brekke Park and directed Robertson to send them a letter of thanks. Old Business: Board of Review - Councilmember Schaaf , seconded by Kern, moved adoption of Resolution 95- 04 -21, A Resolution Approving the County Assessor's Recommendations Regarding Proposed Market Values for the City of Oak Park Heights. Carried 5 -0. City Tree Program - Ken Kaiser - Ken Kaiser explained how the City's tree program worked. He said he would start planting trees the week of June 12th and that he should be done by the end of July. He will start marking diseased trees in September and they will be removed at the end of November. He will meet with any City resident to answer questions about trees. Councilmember Robert asked about tree selection. Kaiser said that trees were selected for speed of growth and the shade they provided. Last year he planted 36 varieties of maples, 15 varieties of ash, and 3 red oaks. Update on Menards - Robertson noted that Menards will be on the May 8th agenda requesting with their pylon sign request but that he had not yet received any information on the sign. Update on Applebees - Robertson said he had nothing new from • either the Haases or Applebees. 411 Page Four - Minutes 04/24/95 1995 Sewer & Water Rate Review - Bonestroo & Associates - Council reviewed City Engineer Anderlik's recommendation that water and sewer rates be raised to pay for state mandated water conservation and wellhead protection programs for which the state provided no funding. Anderlik recommended a $2.00 per quarter increase in the minimum charge which would pay for the programs over four years. Councilmember Schaaf said he would rather take eight years to pay for the programs. Councilmember Kern, seconded by Swenson, moved to approve Resolution 95- 04 -22, A Resolution Raising the Minimum Water Charge to $18.50 Per Quarter. Carried 4 -1 with Councilmember Schaaf opposed. Wellhead Protection Plan - Northern Environmental - Council discussed Northern Environmental's recommendation and estimated cost. Robertson was directed to survey similar sized communities to see what proposals and cost estimates they have received. Community Water Supply Proposal - Bonestroo & Associates - Councilmember Robert, seconded by Schaaf, moved to approve preparation of the State mandated Community Water Supply Plan by Bonestroo & Associates for the lump sum of $8,700. Carried 5 -0. Junker Sanitation Contract - Robertson said that Chad Junker had told him he could not make the meeting that night. Mike Knutson III said that tipping fees at Newport had been reduced from $66 a ton to $50 a ton and asked if that reduction in costs to Junker was going to be passed back to the people. Mayor O'Neal said that Junker had told the Council that very little of the garbage he hauled went to Newport. Councilmember Robert said that she would like to survey a small amount of other cities to see what they are paying for trash removal. Jack Doerr suggested that the Council survey Oak Park Heights residents to see if they are happy. Robertson was directed to survey similar sized cities and report back to the Council in August. Update on Trail Committee - Councilmember Robert reported that the next meeting was Tuesday, April 25 and that the Committee would be reviewing Northwest Associates inventory for the bike trail plan. Update on Design Review Committee - City Planner Richards described the various bridge pylon designs considered by the Committee. April 10, 1995 Council Workshop Minutes: Councilmember Kern, seconded by Robert, moved approval of the April 10, 1995 minutes. Carried 5 -0. • 110 Page Five - Minutes 04/24/95 Public Hearings: Request for Home Occupation - Robin Gullickson - 5535 Oakgreen Place North - Grocery Shopper Helper Business - Mayor O'Neal opened the public hearing at 7:47 p.m. Robin Gullickson described her business. Hearing no comments from the public, Councilmember Schaaf, seconded by Kern, moved to close the public hearing at 7:48 p.m. Carried 5 -0. Councilmember Kern, seconded by Swenson, moved to approve the home occupation permit contingent upon compliance with all City ordinances. Carried 5- 0. Request for Home Occupation - Robert Evanoff - 6132 Paul Avenue - Pool & Lawn Care Business - Mayor O'Neal opened the public hearing at 7:49 p.m. Robert Evanoff described his business. After discussion, Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 7:55. Carried 5 -0. Councilmember Swenson, seconded by Schaaf, moved to approve the home occupation permit contingent upon compliance with all City ordinances and with the additional condition that all chemicals and gasoline be kept in an enclosed and locked area. Carried 5- 0. New Business: • Preliminary Report - Utility Improvements - Autumn Ridge Addition - City Engineer Anderlik discussed the Feasibility Report and noted that the improvements were feasible and that estimated costs were $16,623 a lot. Councilmember Kern, seconded by Schaaf, moved to table the report. Carried 5 -0. Proposed Sump Pump Policy - Anderlik recommended that sump pumps not be allowed to connect directly to the curb so as to reduce the amount of water on the street in the winter and to reduce the potential liability to the City. Councilmember Schaaf, seconded by Kern, moved to adopt this policy. Carried 5 -0. Resolution 94 -04 -19 - A Resolution Requesting Minnesota Department of Transportation Participation in the Construction of 58th Street within the City of Oak Park Heights as Specified within the City Project File 58th Street Improvement of 1995 - Councilmember Schaaf, seconded by Robert, moved acceptance of Resolution 94- 04 -19. Carried 5 -0. Approval of Valley View Estates, Phase II Development Agreement - After discussion, Council agreed to allow the easement into Valley View Park to be narrowed to 10 feet at the corner of the lot, as long as it was expanded as it approached the park. Councilmember Kern, seconded by Robert, moved approval of the development agreement. Carried 5 -0. • Application for Liquor License - Doyle's Bowling Center & Pub, Inc. - Establish a Public Hearing - Councilmember Schaaf, seconded by Kern, moved to set a public hearing date of May 22, 411 1995. Carried 5 -0. Page Six - Minutes 04/24/95 Proposed Newsletter - Council directed Robertson to seek quotes for the writing and publishing of a newsletter. League of Minnesota Cities Conference - Council discussed the conference. Robertson was directed to post a notice of public meeting for Council's attendance at the conference. Us West Cellular Phone Agreement - City Attorney Vierling explained a proposed agreement he had drafted describing the conditions under which City employees could use cellular phones. Councilmember Schaaf, seconded by Swenson, moved approval of the agreement. Carried 5 -0. Music on the Waterfront Request for Funding - Councilmember Swenson, seconded by Robert, moved to grant Music on the Waterfront $1,000. Carried 4 -1, Councilmember Schaaf opposed. Approve Street Sweeping Bid - Robertson noted that the City had received four street sweeping bids which were as follows; St. Croix Sweeping, $50.00 /Hour Allied Blacktop, $57.50 /Hour • Astech, $58.00 /Hour Clean Sweep $63.00 /Hour After discussion, Councilmember Swenson, seconded by Robert, moved acceptance of St. Croix Sweeping's bid. Carried 4 -0, Councilmember Kern abstaining due to conflict of interest. MNDOT Highway 36 Corridor Layout Plans - Councilmember Kern, seconded by Swenson, moved to set a special City Council meeting Monday, June 5, 1995 at 7:00 p.m. to consider the Highway 36 Corridor Layout Plans and directed staff to have reports ready by then. Carried 5 -0. Robertson noted he had received a request from MNDOT Preliminary Design Engineer Mark Benson wondering what process the City wanted to follow to deal with any proposed changes to the Layout Plans. Councilmember Schaaf, seconded by Robert, moved to direct Robertson to respond to MNDOT that any proposed changes must be accompanied by a new set of Layout Plans which would start a new 120 day process. Carried 5 -0. Establish a Public Hearing - Terry Miller - 14421 Upper 56th Street - Seeding Contractor - Councilmember Schaaf, seconded by Kern, moved to set a public hearing May 22, 1995. Carried 5 -0. • • Page Seven - Minutes 04/24/95 Home Occupation Permits - Councilmember Schaaf asked if the majority of Home Occupation Permits could be issued without a public hearing. City Attorney Vierling said that would require changing the ordinance. Councilmember Kern said he thought it was beneficial for the City to have a public hearing to give the neighbors a chance to comment. City Planner Richards said that home occupations have the advantage of running businesses out of buildings that are being taxed as residences, so he did not feel that requiring a permit and a public hearing was too much of a burden. City of Bloomington 's Request for S50 Million Dollar Loan Forgiveness - Mayor O'Neal reported that there is a bill before the State House of Representatives which proposes to forgive a $50 million dollar loan to the City of Bloomington for the construction of the Mall of America. The loan came from the Metro Fiscal Disparities Pool, which the City of Oak Park Heights is forced by law to contribute. Councilmember Schaaf, seconded Kern, moved acceptance of Resolution 94- 04 -23, A Resolution Opposing the City of Bloomington's Request for Forgiveness of its $50 Million Dollar Loan from the Fiscal Disparities Pool. Carried 5 -0. • Proposed Property Tax Freeze - Councilmember Kern, seconded by Swenson, moved to direct Robertson to send a letter to the City's legislators opposing the proposed freeze. Carried 5 -0. Extension Workshop - Mayor O'Neal requested a workshop at 6:00 p.m., Monday June 26, 1995 for Council to be updated on the work of Washington County Extension. Councilmember Robert, seconded by Swenson, moved to set a workshop at 6:00 p.m. Monday, June 26, 1995. Carried 4 -1, Councilmember Schaaf opposed. Correspondence: Council acknowledged receipt of the Washington County Board Agenda. Adjournment: Councilmember Kern, seconded by Robert, moved to adjourn at 10:58 p.m.. Carried 5 -0. Respectfully submitted, Michael Robertson City Administrator 411 411 CITY OF OAK PARK HEIGHTS BOARD OF REVIEW MEETING MINUTES, MONDAY, APRIL 10, 1995 Call to Order: The Board of Review meeting was called to order at 5:02 p.m. by Deputy Mayor Kern. Present: Councilmembers Janet Robert and Dave Schaaf. Mayor O'Neal arrived at 5:20, Councilmember Swenson arrived at 6:05. Staff present: City Administrator Robertson. In attendance from the Washington County Assessor's Office were Scott Hovet, Dave Stepan, and Becky Radke. Hovet explained that the Assessor's office established Estimated Market Values (EMV) for every property in Washington County. EMV's were established based on the sale prices of comparable homes in the area. Hovet said that 25% of the properties in the City were re- evaluated each year. Hovet noted that housing inflation in Oak Park Heights was 6 a year, with around 7% being the average increase. Stepan noted that most lot values in the City increased due to inflation, with the average increase being $2 3,000. Hovet noted that on average 80% of the increase in value that people experienced was due to increases in their land value. i Questions about their valuation were raised by; Bill & Mildred Hinzman, 5593 O'Brien Avenue Earl Ludowese, 5435 Oakgreen Avenue Fred Crea, 6450 Osman Avenue Merle Strohbehn, 6425 Pecan Avenue Kenneth Noyes, 15325 58th Street Cary Stehley & Stephanie Suddendorf, 14293 56th Street Andrew & Patricia Rollwagen, 6375 Pecan Avenue Gordy Rassmussen, 14386 58th Street Joe Carufel, 14625 57th Street In response to questions Hovet noted that houses in this area tend to double in value approximately every 10 - 12 years, that EMV's for existing homes were growing at about 8% per year, and that he did not see housing inflation slowing down in either Washington County or Oak Park Heights. With there being no further comments Councilmember Schaaf moved, Councilmember Robert seconded, to adjourn the Board of Review Meeting at 6:30 p.m. Carried 4 - 0, Councilmember Kern temporarily out of the room. Respectf lly submitted, • Mic ael o ertso City Administrator CITY OF OAK PARK HEIGHTS 411 COUNCIL MEETING MINUTES, MONDAY, APRIL 10, 1995 Call to Order: The meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, and Police Chief Swanson. Staff Reports: Police Department - Chief Swanson requested authority to sell a 1988 Mercury Topaz seized through forfeiture action at the County Auction. Councilmember Schaaf moved, Swenson seconded, to grant authority to sell the vehicle. Carried 5 -0. Swanson requested authority to sell a 1993 Chev Squad car at the County Auction or later if necessary as it had over 100,000 miles on it. Councilmember Kern moved, Schaaf seconded, to grant authority to sell the vehicle. Carried 5 -0. Swanson noted that he could not be at the next Council meeting on April 24, 1995 due to scheduled training but that he supported the proposed metro wide curfew which would be discussed at that • meeting. Council directed Swanson to submit a written recommendation to them on the proposed curfew. Swanson noted that the Police were currently canvassing the City as part of the annual spring clean -up effort. Utilities Department - Robertson reported that there had been several homes without water for a while at the south end of Stagecoach Trail but that the Utilities Department had fixed the problem. Council directed Robertson to find out why a particular lift station seemed to have a lot of maintenance problems. Old Business: Insurance for Councilmembers - Councilmember Schaaf moved, Swenson seconded, to table this item indefinitely. Carried 5 -0. Update on Applebees - Robertson noted staff had met with the Haases and Applebees and that the Haases indicated no objection to platting their land. Update on Menards - Robertson noted that Gary Colby of Menards said that if something could be worked out on Menards pylon sign request that all other conditions the City requested are agreeable. Menards will be submitting a request for a pylon sign in the near future. • Page Two - Minutes 04/10/95 • Update on Bike Trail Committee - Councilmember Robert reported that at the Bike Trail Committee's next meeting it will be reviewing Northwest Associates inventory for the bike trail plan. Update on Design Review Committee - Councilmember Robert noted the next meeting will be Wednesday, April 12, 1995 at Stillwater City Hall where the Committee will be reviewing bridge pylon designs. Update on Panama Avenue - Councilmember Robert reported that she and Robertson had met with Sheriff Jim Frank and Director of Planning & Administrative Services Bob Lockyear of Washington County to review the Panama Avenue issue. The tunnel under Panama Avenue makes it unable to be opened to through traffic, but Lockyear said that the County would put up signs directing traffic out toward Osgood Avenue to get to Highway 36. Update on Proposed St. Croix River Bridge - Mayor O'Neal noted that MNDOT still has to submit its plans for the redesign and upgrading of Highways 36 and 95 to the Oak Park Heights and Stillwater City Councils for approval. Because of this the bridge has not yet received all of the approvals necessary to say it's a done deal. • Councilmember Swenson said that he was extremely annoyed that MNDOT had not contacted the City with the information that the EIS had been signed and that instead Mayor O'Neal found out when a reporter called her. He said he felt that MNDOT was pushing Oak Park Heights around. He said he would like to start a legal fund to oppose the bridge and ask the Cities of Stillwater and Bayport to join with Oak Park Heights in that effort. Mayor O'Neal and Councilmember Robert said they did not want to start any fund until after the vote was held. March 27, 1995 Council Meeting Minutes: Councilmember Kern, seconded by Schaaf, moved approval of the minutes. Carried 5 -0. April 3, 1995 Council Workshop Minutes: Councilmember Robert, seconded by Schaaf, moved approval of the minutes with the amendment "and Visioning Committee" added on page one after Design Review Committee. Carried 5 -0. New Business: Request for Kennel License - Mike & Mary Kay Moller - 14316 Upper 56th Street - Councilmember Kern, seconded by Schaaf, moved to set a public hearing for the kennel license for May 8, 1995. Carried 5 -0. • Page Three - Minutes 04/10/95 III Junker Sanitation Contract - Chad Junker of Junker Sanitation, Steve Yurick of REM Management, and Carol Greethurst of Kingwood Management were in attendance. Junker said that they were not looking for a rate increase and that they were pretty satisfied with how things were going. Mayor O'Neal noted that the City had received a letter from Mr. Yurick complaining about an increase in garbage rates from Junker Sanitation. Junker said that they were under the impression that the City would be subsidizing the increase. Mayor O'Neal said that the City had never said it would do so. Mayor O'Neal add that she would like Junker to speed up the process of working out a deal with the REM Management. Councilmember Robert expressed concern about residential rates. She noted that Oak Park Heights residents rates were higher than many other cities and said she would like to see a decrease in rates. Junker said they picked up many items that other haulers charged extra for, and so he thought that Councilmember Robert was not comparing the same things. Councilmember Robert also asked why the reports specified in the contract had not been provided. Junker said that the City had not asked for the reports in the past and that he was working on • them now and would provide them to the City. Councilmember Schaaf asked if the reports were required by the contract. City Attorney Vierling said yes. Councilmember Kern, seconded by Schaaf, moved to direct the City Attorney and City Administrator to work with Junker Sanitation to draw up a survey to be administered to other cities to find out what other garbage haulers charge. Carried 5 -0. Robertson was also directed to send a copy of the contract with Junker Sanitation to REM Management. 1995 Sewer & Water Rate Review - Bonestroo & Associates - City Engineer Anderlik said that the City's water and sewer system cost over $4 million to build, had a current value of $6.75 million, and would cost $9.1 million today to replace. Anderlik noted that the current water and sewer rates met the City's requirements and did not need to be raised. He also noted that the two following agenda items were unfunded state mandates that would impose additional costs on the City's water and sewer system, and that the City might want to raise rates to cover those costs. Councilmember Kern, seconded by Swenson, moved to table this issue until the next meeting. Carried 5 -0. 111 • Page Four - Minutes 04/10/95 Wellhead Protection Plan - Northern Environmental - Anderlik introduced Sheryl Corrigan of Northern Environmental. Corrigan said that Northern Environmental was a subsidiary company of Bonestroo & Associates, and that they had been hired by Bonestroo to put together a Wellhead Protection Plan for the City. Corrigan explained that Wellhead Protection Plans were an unfunded mandate required by the State of Minnesota. She explained the planning process, which had an estimated cost of $29,010 and an estimated time line of one to two years to complete. Corrigan also noted that State rules governing this plan are not official yet. Once they are official the City has two to three years to develop a plan. Councilmember Kern, seconded by Swenson, moved to table this issue until the next meeting. Carried 5 -0. Community Water Supply Proposal - Bonestroo & Associates - Anderlik updated the City on another unfunded State mandate which requires the City to develop a Community Water Supply Plan. Anderlik explained the process, which has an estimated cost of $8,700. Councilmember Kern, seconded by Swenson, moved to table this issue until the next meeting. Carried 5 -0. Council directed Robertson to add these issues to the items to be • considered in the Visioning process and to put a formal water & sewer rate report on the 1996 budget agenda. Resolution 95 -04 -17 - A Resolution Authorizing the Initiation of Eminent Domain Proceedings And /Or Negotiations of Temporary Construction Easements Affecting the John Junko (C /P) Allen A. Connel, Jr. and Geraldine Connel Property - City Attorney Vierling explained that these resolutions were necessary to begin the process of making sure the City had the necessary easements to do the Street Reconstruction improvement. Councilmember Schaaf, seconded by Kern, moved to adopt Resolution 95- 04 -17. Carried 5 -0. Resolution 95 -04 -18 - A Resolution Authorizing the Initiation of Eminent Domain Proceedings And /Or Negotiations of Temporary Construction Easements Affecting the Allen A. Connel, Jr. and Geraldine Connel Property - Councilmember Schaaf, seconded by Kern, moved to adopt Resolution 95- 04 -18. Carried 5 -0. Request for Variance from Side Yard Setback - Donna Bement, 14290 Oldfield Court - Establish a Public Hearing Date - Councilmember Kern, seconded by Schaaf, moved to set a public hearing date of May 8, 1995. Carried 5 -0. • 111 Page Five - Minutes 04/10/95 Proposed Newsletter - Councilmember Kern, seconded by Swenson, moved to table this issue until the next meeting. Carried 5 -0. Robertson was directed to check with the prison to see if they could print the newsletter. Water Music Request for Funding - Mayor O'Neal noted that she had received a request for funding from Water Music and suggested it be considered at the next Council meeting. Cellular Phone Contract - Council discussed making cellular phones available to employees at employee's cost. Robertson was directed to obtain more information about the program. Vierling was directed to draft an agreement requiring a deposit from anyone who participated. Councilmember Kern, seconded by Schaaf, moved to table this issue until the next meeting. Carried 5 -0. Joint Council Meeting with City of Stillwater - Mayor O'Neal requested that a joint City Council workshop with the City of Stillwater be approved. Councilmember Schaaf, seconded by Kern, moved to set Tuesday, May 9, 1995 for a joint workshop meeting. Carried 5 -0. Approve Street Sweeping Bid - Robertson noted that the City had • received four street sweeping bids which were as follows; St. Croix Sweeping, $50.00 /Hour Allied Blacktop, $57.50 /Hour Astech, $58.00 /Hour Clean Sweep $63.00 /Hour After discussion, Councilmember Swenson, seconded by Schaaf, moved to table approval of bids until the next meeting to obtain a recommendation from the Utilities Department. Carried 4 -0, Councilmember Kern abstaining due to conflict of interest. Approve Valley View Estates, Phase II Improvement Bid - Anderlik reported that the City had received seven bids, which were as follows; Tower Asphalt $259,194.42 Hydrocon $260,955.50 Schield Construction $264,451.85 Burschville Construction $272,519.00 Valley Paving $275,168.90 Ryan Contracting $275,623.75 Northdale Construction $319,429.65 Anderlik said that Tower Asphalt was considered a responsible bidder. Councilmember Schaaf, seconded by Swenson, moved to approve the bid contingent pending final approval of a developer's agreement with Jack Krongaard. Carried 5 -0. • Page Six - Minutes 04/10/95 Mayor's Report on Urban Summit - Mayor O'Neal reported on the Urban Summit, a meeting of city officials convened by the Association of Metropolitan Municipalities (AMM) to consider solutions to poverty. Delivery of Council Agenda Packets - Councilmember Schaaf moved to require the Police Department to deliver Council packets to those members who requested them. Councilmember Schaaf withdrew his motion after discussion. Councilmember Schaaf, seconded by Swenson, moved to table the issue pending a recommendation from the Police Chief. Carried 5 -0. Approval of Bills: Councilmember Kern, seconded by Swenson, moved to bills as submitted. Carried 5 -0. Correspondence: Letter from REM Property Management - Mayor O'Neal noted that the Council had already discussed the letter as part of the Junker Sanitation discussion earlier. Councilmember Schaaf discoursed on public policy philosophy. 111 Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn. Carried 5 -0. Adjourned at 9:50 p.m. Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS 411 COUNCIL MEETING MINUTES, MONDAY, APRIL 3, 1995 Special Council Meeting - Workshop - Highway 36 Design Review: Mayor O'Neal opened the Council workshop at 6:35 p.m. Present: Councilmembers Robert & Swenson. Councilmember Schaaf arrived at 7:10 p.m. Staff present: City Administrator Robertson and City Attorney Vierling. City Auditor Mol arrived at 7:15 p.m. In attendance from MNDOT were Mark Benson, Preliminary Design Engineer, Jo Hykus, Preliminary Design Engineer, Don Johnson, Final Design Engineer, and Jim Ryerson and Carl Weisenborn, Design Guide engineers. Also in attendance was David Dixon of Stillwater, who expressed a strong interest in bike trails. Mayor O'Neal asked how soon after the EIS was signed would the City receive a request for plan approval. Benson said the City would probably receive a letter within a week of the signing. Benson said that the meeting was requested to discuss the aesthetics of the highway and bridge design. Council discussed the various proposals for the bridge foundation. Benson noted that the design life of the bridge foundation is about 60 -70 years and the bridge deck design life is 30 -35 years. MNDOT discussed the elements of the Highway 36 reconstruction, noting this would involve design work from Highway 5 to the • bridge takeoff. Benson said that MNDOT would like to work with the City to develop the design guide for the project, which all project designers would use as a guide to aid them in their design decisions. Benson said that typically staff functions as liaison in this process and keeps Council informed of decisions. Councilmember Robert said that she thought Council should be involved in the decision making. Council was in consensus that they would be involved through the Design Review Committee already established and working with MNDOT and the Visioning Committee. Workshop - 1994 Annual Audit & Management Report: Mayor O'Neal opened the Council workshop at 8:30 p.m. City Auditor David Mol of Tautges, Redpath reviewed the 1994 annual audit and management report. Mol noted that Tautges, Redpath's opinion was that the City was in compliance with generally accepted accounting principles. Mol also noted that the City was in good financial shape and that they were able to fulfill all of their policies regarding designation of funds. Adjournment: Mayor O'Neal adjourned the meeting at 9:25 p.m. Respectfully submitted, % F 411 M Michael Robertson City Administrator CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, MARCH 27, 1995 Workshop - Junker Sanitation - The workshop was called to order by Mayor O'Neal at 6:15. In attendance was Carol Greethurst of Kingwood Management. Administrator Robertson noted that Junker Sanitation had been invited and that Chad Junker had said that he would attend the meeting. Council discussed the performance of Junker Sanitation in general terms and discussed specifics at the apartment buildings managed by Kingwood Management. Greethurst said that their normal garbage pickup was fine but that their recycling and extra pickups were picked up only erratically. She also stated that despite educational efforts, Kingwood Management had not been able to improve the recycling efforts of its tenants at Greenbriar Apartments. She also informed Council that garbage bills for Raymie Johnson Estates were still in dispute with Junker Sanitation, and that Kingwood Management was paying the bills at $5.50 per unit rather than at $9.00 per unit. Councilmember Robert expressed concern about the lack of incentives for apartment residents to recycle. She suggested that the 1995 recycling grant be focused on increasing recycling by apartments. • Councilmember Robert also noted the proposed price for a 30- gallon container and the list of regulations that Junker Sanitation hands out to residents and asked if the City had approved either of them. City Attorney Vierling said that the City has allowed Junker Sanitation to hand out pamphlets with regulations in the past and that the City could require changes in that information in the future. Council was in consensus that Junker Sanitation be invited to the next Council meeting for the semiannual review of fees as provided for in the contract. At this time they will discuss all fees and regulations, including the proposed price for a 30- gallon container. Call to Order: The meeting was called to order at 7:15 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards. Staff Reports: Robertson noted that the 1994 Audit was ready for review. Council set a workshop date of April 3 at 6:30 P.M., with the 1994 Audit review to come directly after the Design Review Workshop was finished. Page Two - Minutes 03/27/95 01/ Robertson reported there had been a watermain break, later repaired, at the old Crown Auto site. Robertson also noted there had been a request from the Bayport Fire Department to assist the City in flushing hydrants. Councilmember Swenson moved, Schaaf seconded, to direct the Public Works department to work with the Bayport Fire Department to flush each hydrant in the City at least twice a year. Carried 5 -0. Councilmember Swenson also discussed the need to reduce the City's ISO rating and the ability of the Fire Department to now provide fire inspections. Council set a workshop date of May 1, 1995 at 7:00 P.M. and directed Robertson to invite Fire Chief Schwartz to attend to discuss these items. Councilmember Robert said that the Parks Commission would like to hire a landscape architect to prepare a plan for the unused portion of Brekke Park. Councilmember Robert moved, Schaaf seconded, to grant authority for the Parks Commission to hire a landscape architect to design a Brekke Park plan at a cost not to exceed $750. Carried 5 -0. Councilmember Robert reminded everyone that the Parks Commission will be holding its annual park walk- through on Saturday, April 8, 1995 starting at 8:00 A.M. in Brekke Park, followed by a meeting at Joseph's restaurant. Old Business: Insurance for Councilmembers - Councilmember Schaaf moved, Kern seconded, to table consideration of this item. Carried 5 -0. Request for Kennel Permit - William Shelton - Councilmember Robert moved, Kern seconded, to approve the kennel permit for William Shelton. Carried 5 -0. Applebees - Site Plan Review - Gary Fisher and Julian Fenendael were present representing Applebees. Darrell Haase was present representing the landowner. City Planner Richards recommended that no action be taken on Applebees proposed site plan until the Haase's had platted their land. He noted that this was similar to the requirement that the Brackey Addition had to meet. He recommended that the right of way for 58th Street be dedicated as part of the plat. He said that he wasn't certain how much of the right -of -way for (proposed) Haase Avenue should be dedicated up front. Fisher requested that approval for Applebee's site plan not be subject to platting requirements for the Haase's. He was concerned about delays in timing of construction and the costs of platting. Darrell Haase said that his father was not interested in doing a master development plan and just wanted to sell a small corner of his land to Applebees. Page Three - Minutes 03/27/95 j Councilmember Schaaf asked what the zoning was for the g Haase land. Richards said it was B -2 - General Business north of the NSP easement and 0 - Open Space on the rest of the land. City Attorney Vierling said there was no reason to delay platting the 58th street right -of -way now, and that the Haase's could reserve most of the land as outlots for future development. Mayor O'Neal said that she thought dedication of the 58th Street right -of -way would be a benefit to the Haase's as well as the City. Councilmember Schaaf moved, Kern seconded, to continue this item to the Council Meeting of April 10, 1995. Update on Bike Trail Committee - Councilmember Robert reported that the committee now consisted of herself, Dean Kern, and Paul Plaster from Oak Park Heights, and Frank Shusterich, Steve Foley, and Liz Buckingham of Baytown. Update on Design Review Committee - Councilmember Robert noted that there will be a Council Workshop on this issue on Monday, April 3, 1995 at 6:30 p.m.. March 13, 1995 Council Meeting Minutes: Kern, seconded by Swenson, moved approval of the minutes. Carried 5 -0. March 15, 1995 Council Meeting Minutes: Kern, seconded by Schaaf, moved approval of the minutes. Carried 5 -0. Public Hearings: St. Croix Mall Tax Increment Financing (TIF) Plan Amendment - Mayor O'Neal opened the public hearing at 8:30 p.m.. Robertson explained the process of amending the TIF Plan. There being no public comment Councilmember Schaaf moved, Kern seconded to close the public hearing at 8:32 p.m. Councilmember Schaaf moved, Kern seconded, to adjourn the Council meeting. Carried 5 -0. Mayor O'Neal opened the Housing and Redevelopment Authority (HRA) meeting at 8:33. City Attorney Vierling explained the HRA procedures. Commissioner Schaaf moved, Swenson seconded, to adopt Resolution 95- 03 -11, A Resolution Approving the 1995 Modification No. 1 to the 1989 St. Croix Mall Tax Increment Financing Plan and Requesting the Approval of the City Council. Carried 5 -0. Commissioner Schaaf moved, Swenson seconded, to adjourn the HRA meeting. Carried 5 -0. Mayor O'Neal reconvened the City Council meeting at 8:35. Councilmember Schaaf moved, Kern seconded, to adopt Resolution 95- 03 -12, A Resolution Approving the 1995 Modification No. 1 to 41/ the 1989 St. Croix Mall Tax Increment Financing Plan. Carried 5- 0. Page Four - Minutes 03/27/95 Menards - Conditional Use Permit & Variances - Mayor O'Neal opened the public hearing at 8:37. Gary Colby and Tim Erkilla were present representing Menards. Colby said that the proposed store was the new prototype Menards store, with 160,000 square feet total, of which approximately 40,000 square feet was cold storage. Colby said he objected to several of the requirements suggested in the City Planner's staff report, which were as follows: Increase width of planting strips on east & west sides: Colby said he thought that a 10 -foot strip was enough. City Planner Richards recommended a 15 -foot minimum, and 20 feet on the east side of the property. Council was in consensus that Menard's proposal was acceptable. Limitations on public address system: Colby said he would not be willing to replace a PA system with a pager system in the future as proposed. He said that the PA system would be blocked by a 14 -foot wall and be at least 100 feet from the nearest residence. Council expressed great concern about potential noise problems. Council was in consensus to limit the PA system's use to the hours of 8:00 a.m.. to 9:00 p.m., Monday through Saturday, and 10:00 a.m.. to 8:00 p.m.. on Sunday, to reserve the right to turn down the PA system if there were complaints, and if all else failed to resolve problems to require the use of a pager system. Operating hours: Colby said that he could not guarantee that current operating hours would always remain the same and did not want to be restricted to them in the future. City Attorney Vierling said that he could always apply for a change in the CUP. Council was in consensus to place no restrictions on the operating hours while maintaining the restriction on loading hours. Color of store: Colby said the color of the store was a corporate decision and could not be changed. Council was in consensus that Menard's proposal was acceptable. Signage restrictions: Colby objected to some of the proposed restrictions on signage. He said that since the store is 800 feet from Highway 36, it must have a pylon sign close to Highway 36 in order to be visible. He also said that the product signs on the outside wall of the building are part of the design of the building. Bob Brackey, owner of the land in front of Menards, said that his sale agreement with Menards allowed for them to place a sign on his land. Council was in consensus to reduce the amount of product signs from eight to six, to allow the "Menards" and "Welcome" signs on the building, and to ask Menards to work with staff in finding a different location for the pylon sign that would be acceptable to all parties. Page Five - Minutes 03/27/95 Councilmember Swenson moved, Kern seconded, to approve Resolution 95- 03 -13, A Resolution granting a variance to allow Menards a reduction in required parking spaces to 405 spaces based on the City Planner's recommendation. Carried 5 -0. Councilmember Schaaf moved, Swenson seconded, to approve Resolution 95- 03 -14, A Resolution granting a variance to allow Menards a 14 foot fence based on the City Planner's recommendation. Carried 5 -0. Councilmember Schaaf moved, Swenson seconded, to approve Resolution 95- 03 -15, A Resolution granting a conditional use permit to allow Menards open and outdoor storage, subject to conditions in the City Planner's report of March 22, 1995. Carried 4 -1, Robert opposed. Councilmember Kern moved, Schaaf seconded, to table consideration of a variance for signage area, subject to further discussions between Menards and staff. Carried 5 -0. New Business: Request for Feasibility Study - Krueger Lane - Councilmember Kern moved, Swenson seconded, to direct the City Engineer to prepare a feasibility report at the applicant's expense. Carried 5 -0. Home Occupation Permit Request - Robin Gullickson - Gullickson, of 5535 Oakgreen, described her business as receiving phone calls and doing people's grocery shopping for them. Councilmember Kern moved, Swenson seconded, to set a public hearing for her request for April 24, 1995 at 7:30 p.m.. Carried 5 -0. Home Occupation Permit Request - Robert Evanoff - Evanoff, of 6132 Paul Ave, described his business as receiving phone calls for performing pool servicing and lawn care. Councilmember Kern moved, Robert seconded, to set a public hearing for her request for April 24, 1995 at 7:30 p.m.. Carried 5 -0. Home Occupation Permit Fees - Councilmember Robert moved, Schaaf seconded, to set Home Occupation Permit fees at $25 plus the cost of postage and publishing, with a $10 yearly renewal fee. Carried 5 -0. Liquor License Revocation - St. Croix Bowl - Robertson said that notice had been served on Fred Ross of St. Croix Bowl for revocation of his liquor license due to an insurance lapse. Robertson reported that Mr. Ross had voluntarily turned in his liquor license and requested that it be canceled and that he receive a pro -rata refund. Councilmember Schaaf moved, Kern seconded, to cancel Fred Ross's liquor license and to grant him a pro -rata refund. Carried 5 -0. Page Six - Minutes 03/27/95 41 Approve Plans and Specifications - 1995 Improvements - Street Reconstruction of Area A - Councilmember Schaaf moved, Kern seconded, to approve Resolution 95- 03 -16, A Resolution Approving Plans and Specifications for the 1995 Improvements. Carried 5 -0. Sign Permit Policy - Councilmember Schaaf moved, Robert seconded, to approve the following Sign Permit Policy, "Sign permits which meet all City Ordinance requirements shall be issued by staff without Council action. Sign permits which do not meet all City ordinance requirements shall be referred to the City Council for action. Staff may at any time chose to refer a sign permit to the Council for action even if it meets all City Ordinance requirements. Council shall receive copies of all approved sign permits." Carried 5 -0. Correspondence: Metropolitan Council - 1994 Sewer & Water Rates Study - Council noted receipt of the study. Cit Le•al Authori Re•ardin• A..roval Disa••r•v-1 .f • •.• -• MNDOT Projects - Council discussed the various legal precedents regarding its approval /disapproval rights. Proposed State Bill to Remove Tax Exempt Interest from State and Local Bonds - Councilmember Robert moved, Swenson seconded, to direct Robertson to draft a letter to the legislature strongly opposing the proposed bill. Washington County Courthouse 125th Anniversary - Councilmember Swenson moved, Kern seconded, to direct Robertson to write a letter of congratulations to the committee putting on the anniversary celebration. Carried 5 -0. Chamber of Commerce Annual Dinner - Councilmember Schaaf moved, Kern seconded, to approve the expenditure of City funds for any Councilmember and the City Administrator to attend the Chamber's Annual dinner. Carried 5 -0. Adjournment: Councilmember Schaaf, seconded by Swenson, moved to adjourn. Carried 5 -0. Adjourned at 11:23 p.m. Respectfully submitted, 45% e= Michael Robertson City Administrator 411 ENCLOSURE 5 CITY OF OAK PARK HEIGHTS • COUNCIL MEETING MINUTES, WEDNESDAY, MARCH 15, 1995 Special Council Meeting - Public Hearing - Proposed Highway 36 /St. Croix River Bridge: Mayor O'Neal opened the special Council meeting at 7:10 p.m. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson and City Attorney Vierling. An estimated 150 -160 people were in attendance. Mayor O'Neal explained that Mark Benson, MNDOT Preliminary Design Engineer for the proposed project, would make a brief presentation and then the floor would be open for questions and comments. Benson described the project history, the design features of the proposed bridge, the redesign of Highway 36 and its intersection with Highway 95, and the proposed schedule that MNDOT would like to maintain. Evelyn Sherrard, 14832 Upper 55th Street - Expressed concern about the redesign of the frontage road at its intersection with Osgood Ave. She felt that turning onto Osgood would still be too dangerous. Benson said that the increased width of the frontage road and the addition of left turn lanes should increase the • safety. Don Swenberg, 14990 60th Street N. - Expressed concern about the dirt, dust, and vibration effects of construction on his property. Would like to see noise barriers installed along the new highway. Benson said that studies by MNDOT showed that sound barriers would be ineffective because while they would mask sound from the highway they would magnify the noise of traffic on the frontage roads. Mike Seagelke, 6102 Stagecoach Trail - Wants a decision so that he can sell or remodel his house. Upset that no decision is immediately forthcoming. Cheryl Nelson, 15382 61st - Wants to sell home to MNDOT. Asked Benson under what conditions would MNDOT purchase home. Benson said that MNDOT would currently purchase homes that are considered hardship cases and directed her to some of the MNDOT staff available at the meeting. Terry Poirier, 5636 Perkins - Wanted to know if people south of the new bridge would still be a part of Oak Park Heights. Mayor O'Neal said yes they would. • • Page Three - Minutes 03/15/95 Sharon Huaget, Sunnyside, 6305 St. Croix Trail N. - Opposed to the bridge. Concerned about noise from trucks on bridge due to grade changes. Benson said that the grade goes down from Osgood Avenue to the river and then goes up to the Wisconsin bluff. Jerry Brown, 6365 Pecan - Opposed to the bridge. Concerned about traffic disrupting his business on the frontage road during construction and asked if there would be any compensation. Stated that the bridge location in the southern corridor and design path that curves to the north will block his views of the river valley. Benson said that MNDOT would maintain access to businesses during the road construction and would not pay any compensatory damages to any businesses. Mayor O'Neal stated that the Oak Park Heights City Council had gone on record several times as opposing the southern corridor for the bridge. Kathryn Redunz, 6112 Peller - Concerned about traffic, it currently backs up into her neighborhood during rush hour and causes too many accidents. If the bridge is not built she would like traffic barricades put up to keep traffic out of her neighborhood. Harriet Strobbehn, 6425 Pecan - Opposed to proposed corridor. Would favor either a Central Corridor location or the bridge • going straight east across the river rather than curving north as it is proposed. Thinks she will suffer loss of views, nighttime glare from lights on bridge, increased air pollution, and greater noise from trucks accelerating up the bridge. Jack DeCler, Sunnyside, 6321 St. Croix Trail N. - Opposed to the bridge. He feels the design is terrible, that it ruins the view of the river and a tunnel should have been considered. He feels that it is being shoved down the throats of Oak Park Heights residents. Benson said that a tunnel was studied and that it was ruled out due to soil concerns and cost considerations. Dale Thorne, Sunnyside, 6403 St. Croix Trail N. - Said that there was a Minnesota Supreme Court case that MNDOT must consider peripheral scenic damage losses. Ernie Beaudet, 6432 Lookout Trail - He said that the bridge design lands higher on the Wisconsin bluff than the design proposed in 1990. He also questioned how many Minnesotans would use the Park and Ride lot located in Oak Park Heights and said that it will be primarily for the convenience of people from Wisconsin. Benson said that he thought the elevation in Wisconsin was the same as in the 1990 design. • Page Five - Minutes 03/15/95 16 Tom Porter, 15403 Upper 61st Street - His property values are going down and he can't afford to repair his home due to the possibility of the bridge. Wants a decision as quickly as possible. Mayor O'Neal thanked everyone for attending and asked that people watch the local newspapers for any information on upcoming public meetings after the EIS was signed. Adjournment: Mayor O'Neal adjourned the meeting at 10:05 p.m. Respectfully submitted, / � � Michael Robertson City Administrator • • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, MARCH 13, 1995 Workshop - School District Presentation: Mayor O'Neal opened the workshop at 6:00 p.m. Lyman Geary, School Boardmember, and Dave Wettegren, Dan Parker, and Mary Jo Weingarten, district officials, were in attendance to discuss the School District's proposed elementary school. Superintendent Wettegren noted that a bond election for 20.7 million dollars has been scheduled for May 23, 1995. Of that amount approximately 11.5 million would be needed to build a new elementary school. District officials said the district was currently over capacity in Lily Lake and Lake Elmo elementary schools and that they were planning to build a 900 student elementary school in Woodbury that they would share with two other school districts. Based on projected population growth, the district thought that a new elementary school should be located south of Highway 36, east of Highway 5 /County Road 15, west of Osgood, and north of 40th street. He said they would need approximately 10 -15 acres for a school and that the school district would like to cooperate with Oak Park Heights and select a site within the City limits. Weingart said that over 150 new elementary students have moved . into the Lake Elmo school district in the last 2 -1/2 years and more are expected. The district expects .3 of a student for every single family lot. Councilmembers asked about the following items; Tax base concerns, current elementary school boundaries, possible renovation of Washington School, location of most housing growth, traffic, and size of proposed school. District officials noted the following in reply; That Washington School could not have first through third grades due to State law because it was not a single story building. That the school could just buy a piece of land without City approval and that the City would still suffer potential tax base loss. That they felt that schools tended to raise the property values of the areas around them and that because of this the City would not suffer any tax base loss. That the proposed school boundaries, besides serving Oak Park Heights, would also take some students from Lily Lake and Lake Elmo, where there was currently the most over crowding. Wettegren asked for some direction from Council. Council discussed a variety of issues and possibilities but did not take any action. • Page Two - Minutes 03/13/95 Call to Order: The meeting was called to order at 7:15 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik. Staff Reports: Robertson reported there had been an annexation request from David Screaton. Councilmember Robert moved, Schaaf seconded, to authorize City staff to study the annexation request as long as the petitioners paid for the cost of the study. Carried 5 -0. Old Business: Insurance for Councilmembers - Councilmember Schaaf asked the City Attorney if insurance would be considered a benefit increase for the Council. Vierling replied that it would be an increase only if the City paid some or all of the cost. Mayor O'Neal requested the issue be tabled until the next meeting. Meeting Site - Proposed St. Croix River Bridge EIS Presentation - Robertson said that the meeting site had been moved to Stillwater Junior High for more room. Robertson was directed to prepare handouts for the meeting listing the format, future decisions for the Oak Park Heights City Council, and the letter from MNDOT with the list of design requirements. Robertson also noted that as of that day the EIS had not been signed. Capital Improvement Fund - Councilmember Kern moved, Swenson seconded, to approve the following transfers in the Capital Improvement Fund. 1) $22,100 from the Unallocated account to the Recreation account. 2) $25,000 from the Unallocated account to the Land Acquisition account. 3) $15,000 from the Unallocated account to the Street Reconstruction Fund. 4) $40,000 from the ADA account to the Street Reconstruction Fund. Carried 5 -0. Update on Bike Trail Committee - Councilmember Robert reported that the committee had added several new members and that City Planner Richards would be making a presentation on a proposed trail plan before the committee in April. Update on Design Review Committee - Councilmember Robert reported that the committee is looking at bridge pier designs and that she will bring the proposed designs for Council review at the Council Workshop scheduled for Monday April 3, 1995 at 7:00 pm. 1111 • Page Three - Minutes 03/13/95 February 27, 1995 Council Meeting Minutes: Kern, seconded by Robert, moved approval of the minutes. Carried 5 -0. Public Hearings: Ordinance No. 95- 601 -01 - An Ordinance Amending Section 601.07 of Chapter 601 of the Code of Ordinances of the City of Oak Park Heights affecting Domestic Animal Nuisance and Noise - Mayor O'Neal opened the public hearing at 7:50 pm. There being no public comment Councilmember Schaaf moved, Kern seconded to close the public hearing at 7:50 p.m. Councilmember Robert moved, Schaaf seconded, to approve Ordinance 95- 601 -01. Carried 5 -0. New Business: Approval of Plans & Specs - Valley View Estates, Phase II - Councilmember Robert expressed concern because a proposed park access to Valley View Park was not shown and because a proposed bike trail easement along Osgood was not shown. Jack Krongaard said that he had no problem with providing either easement. Councilmember Schaaf moved, Swenson seconded, to approve Resolution 95- 03 -10, A Resolution Approving Valley View Estates Phase II Plans & Specifications contingent upon access being provided to Valley View Park, an easement being granted along Osgood Avenue, and a satisfactory development agreement being signed. Carried 5 -0. • Arcon Development - Request for Feasibility Report - Councilmember Schaaf moved, Kern seconded, to direct the City Engineer to prepare a feasibility report at the applicant's expense. Carried 5 -0. Arcon Development - Request to Install Utilities for Autumn Ridge Subdivision - Rick Packer of Arcon Development requested that Council grant Arcon authority to construct their own utilities. Packer offered to post a letter of credit and said that Arcon wanted to construct their own utilities because they thought it would be faster and cheaper. He said that the City would still have control of the improvement through the City Engineer's inspections and acceptance. Jack Krongaard made the same request for Valley View Phase II utilities. Mayor O'Neal asked if the City could deviate from its current policy. City Attorney Vierling said that cities have broad discretion when it come to contracts. Vierling said he would not recommend that the City change its policy because the current policy gives the City more control because it controls the payment process. Councilmember Swenson moved, Schaaf seconded, to change the policy and allow Arcon Development and Krongaard Construction to • construct their own utilities. Motion failed 2 -3, with Mayor O'Neal and Councilmembers Kern and Robert voting against. • Page Four - Minutes 03/13/95 Resolution 95 -03 -09 - County Road 21 Plan Approval - Don Tyson, Deputy Director, Washington County Public Works, described the County Road 21 plans. County Road 21 will be upgraded from a nine ton to a ten ton road, and the road will be moved and widened in places to reduce some extreme curves. Some residents along the road expressed concerns regarding increased traffic, speed limits, lines of sight, duck crossings, pond elevation, and fish traps. Deputy Director Tyson said that County roads are intended to be through streets and to handle large volumes of traffic at high speeds. He said the proposed levels of traffic are below the maximum capacity of the road and the improvements will improve the lines of sight on the road. He said the County no longer puts up duck crossing signs and that the DNR should be contacted regarding pond levels and fish traps. City Engineer Anderlik said he had reviewed the plans and had no problem with them. Mayor O'Neal said that the redesign of the pond outlet structure on County Road 21 was a good example of several communities working together to reduce flooding in Bayport. Council directed Robertson to contact Anderson Windows to pass the residents concerns on to them. Councilmember Schaaf moved, Kern seconded, to approve the County Road 21 Plans. Carried 5 -0. Request for Kennel Permit - Robertson requested the permit be tabled because he needed more information from the applicant. Contract Agreement between Oak Park Heights and State of Minnesota for Building Inspection Services - Councilmember Kern moved, Schaaf seconded, to approve the Contract Agreement. Carried 5 -0. Sign Permit Application - Erickson Post - Councilmember Schaaf said he would like a policy implemented that would allow the Building Inspector and City Administrator to approve routine sign permit applications that meet the City Ordinance requirements. Council was in consensus to seek Building Inspector Butler's recommendations on this matter and Robertson was directed to place the item on the next meeting agenda. Councilmember Kern moved, Swenson seconded, to approve the Erickson Post sign. Carried 5 -0. Zoning Ordinance Update - Council reviewed the cost estimate for the update. Councilmember Schaaf moved, Robert seconded to direct staff to go ahead. Robertson was directed t'o work with the City Planner to keep the costs as low as possible. Carried 5 -0. • Page Five - Minutes 03/13/95 • Panama Road - Councilmember Robert discussed her concerns regarding Panama Road and said she would be meeting with the County Sheriff regarding the issue. Sewer & Water Rate Update - Councilmember Schaaf moved, Swenson seconded, to direct the staff and City Engineer to examine the City's sewer & water rates to see if they are adequate. MNDOT Proposed Wetland Mitigation Area - City Engineer Anderlik reported on MNDOT's proposal to use approximately 24 acres of Bob Brackey's property along Highway 36 for wetland mitigation. Council was in consensus that they were strongly opposed to this idea. Councilmember Swenson pointed out that they would have to cut down the hill on which the Krueger's home is located by over 24 feet to build a wetland. Robertson was directed to contact MNDOT and make them aware of Council sentiments and asked them to speak on this issue at a future Council meeting. Robertson was also directed to write a letter to the DNR Commissioner asking to begin discussions regarding the purchase of the DNR land south of the City limits. Approval of Bills: Councilmember Kern moved, Schaaf seconded, to approve the bills as presented. Carried 5 -0. Correspondence: Washington County Draft Transportation Plan - Robertson told Council that the plan had just been received that day and he would place a copy in their mailboxes. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn. Carried 5 -0. Adjourned at 10:53 p.m. Respectfully submitted, Z 17-1 Michael Robertson City Administrator ENCLOSURE 4 • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, FEBRUARY 27, 1995 Workshop - Cable Access Use: Mayor O'Neal opened the workshop at 6:15 p.m. Karen Wandmacher, Executive Director of St. Croix Valley Cable, and Mike Knutson discussed how the City could use cable public access to better inform the Oak Park Heights community. Mayor O'Neal said she would discuss with the mayors of Stillwater and Bayport the possibility of setting up a Mayor's hour on cable TV on a regular basis. Call to Order: The meeting was called to order at 7:00 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf, & Swenson. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Anderlik, City Planner Richards, and Police Chief Swanson. Staff Reports: Police Department - Chief Swanson noted that the Police Department had received a $200 donation from the VFW and asked that his budget be modified to add that $200 to Supplies. Schaaf, seconded by Kern, moved to amend the 1995 budget and add $200 to General Fund - Revenues and $200 to Police Department- Supplies. Carried 5 -0. • Swanson said that the Bayport Police Department had asked him if Oak Park Heights could contribute 500 of the cost toward a "deadly force" training suit used jointly by both departments. Schaaf, seconded by Kern, moved to allow the expenditure of up to $400 from the Forfeiture account toward a training suit. Carried 5 -0. Swanson noted that the Police Department currently is storing three vehicles while forfeiture actions against them are taking place. He told the council he would like to construct an outdoor fenced area to store the vehicles so as to free up space in City Hall. Council directed the Chief to obtain cost estimates and report back. Parks Commission - Parks Liaison Robert noted that in their next meeting the Parks Commission would begin discussing what issues they wanted to focus on in the next few years. Visioning Sub - Committee - Mayor O'Neal noted that the City had received one volunteer for the committee and that they were seeking one more. She also suggested that efforts at employee recognition be directed to this committee. Cable Commission - Cable Commission member Jack Doerr announced that the Cable Commission had received a loan at favorable terms from the City of Stillwater to pay off a recently reduced legal bill. Page Two - Minutes 02/27/95 Old Business: Insurance for Councilmembers - Councilmember Schaaf moved, Kern seconded, to table this issue until the March 13, 1995 Council meeting. Zoning Ordinance Update - Robertson noted that upon examining the Council directive to update the section of the Zoning Ordinance dealing with decks, that he and City Attorney Vierling felt that more of the ordinance needed to be updated than just the deck section. Council directed Robertson, Vierling, City Planner Richards, and Building Inspector Butler to begin updating the ordinance and to bring the Council a cost estimate for the update at the March 13, 1995 meeting. Street Reconstruction Update - Robertson noted that at the last meeting Council had indicated they wanted to consider the other petitions regarding street reconstruction at this meeting. Councilmember Robert said she would like to examine splitting the improvement up into two parts and separating the construction by several years. After some discussion Council was in consensus to wait until it received the bids in April or May. Design Review Workshop - Councilmember Robert said that MNDOT would • like to have a workshop meeting with the Council regarding development of design review guidelines for the proposed bridge. Councilmember Schaaf proposed that the Council set the first Monday of every month as a special workshop meeting and schedule all workshops for the month at that meeting. Councilmember Kern moved, Schaaf seconded, to set Monday April 3, 1995 at 7:00 P.M. as a Council Workshop for Design Review for the Proposed Bridge. February 13, 1995 Council Meeting Minutes: Schaaf, seconded by Swenson, moved approval of the minutes. Carried 5 -0. Public Hearings: Brackey Rezoning & Preliminary Plat - Mayor O'Neal opened the rezoning public hearing at 7:40 p.m. City Attorney Vierling described the rezoning process and the conditions attached to the resolution. Councilmember Schaaf moved, Robert seconded to close the public hearing at 7:50 p.m. Mayor O'Neal opened the preliminary plat public hearing at 7:50 p.m. Tim Erkilla of Westwood, representing Brackey, noted that they had reached a compromise with Arcon Development which provided enough road offset with Krueger Lane. City Engineer Anderlik explained his recommendations, including the need for a larger easement for a future sidewalk. Brackey agreed to the larger easement. Councilmember Schaaf moved, Kern seconded to close the public hearing at 8:17 p.m. • Page Three - Minutes 02/27/95 Resolution 95 -02 -07 - A Resolution Granting Preliminary Plat Approval for Brackey Addition Subject to Conditions and Conditionally Rezoning Lot 1, Block 1, to B -2 Zoning Designation from Current 0 - Open Space Zoning, Leaving All Outlots in Open Space Zoning. Councilmember Schaaf moved, Swenson seconded to approve Resolution 95 02 - 07. Carried 5 - 0. Councilmember Schaaf moved, Kern seconded to direct Washington County to depart from its official street naming pattern and accept the name Krueger Lane for the proposed street. Carried 5 -0. Arcon Development Rezoning & Preliminary Plat - Mayor O'Neal opened the public hearing at 8:20 p.m. City Planner Richards noted that the proposed plat provided enough room to put a trail around the wetlands in the southeast corner and that it met City requirements for lot size and cul -de -sacs. Councilmember Kern moved, Schaaf seconded to close the public hearing at 8:27 p.m. Resolution 95 -02 -08 -A Resolution Granting Preliminary Approval to the Autumn Ridge Plat Subject to Conditions and Further Granting Rezoning Approval Contingent Upon Final Platting. Councilmember Kern moved, Schaaf seconded to approve Resolution 95- 02 -08. Carried 5 -0. • Menards Conditional Use Permit - Mayor O'Neal opened the public hearing at 8:28 p.m. Tim Erkilla, representing Menards, stated that Menards was not requesting Council action that evening and asked that the hearing be tabled. Councilmember Robert said that she was not in favor of Menards request for a sign variance. City Planner Richards stated that while he was not favor of Menards request for numerous smaller signs he was in favor of a variance to allow them a larger pedestal sign. Council asked Erkilla to tell Menards that they must file all the necessary applications for the variances they wanted. New Business: Applebees - Site Plan Review - In attendance were Elmer, Ruth, and Darrel Haase. Gary Fisher of Applebees said that Applebees was proposing a 5,400 square foot building with 198 seats and 112 parking spaces. He said the building would be almost exactly like their building on Centerville Road in White Bear Township. City Planner Richards discussed the staff report and noted his concern about lack of an overall plan for the Haase property. City Engineer Anderlik noted that the proposed stormwater pond for Applebees was on the Haase's land and it may not be the best site for a stormwater pond. City Attorney Vierling recommended that the Council receive an overall plan for the Haase property before proceeding with Applebees request. • 411 Page Four - Minutes 02/27/95 ID° Council was in consensus that Applebees' proposal was viewed favorably but would not be allowed to proceed without receipt of a plan from the Haases. Ordinance No. 95- 601 -01 - An Ordinance Amending Section 601.07 of Chapter 601 of the Code of Ordinances of the City of Oak Park Heights Affecting Domestic Animal Nuisance and Noise. Robertson noted that this ordinance was being revised in response to a recent court decision involving another community. Councilmember Kern moved, Swenson seconded, to set a public hearing on the ordinance at 7:30 p.m., March 13, 1995. Carried 5 -0. Resolution 95 -02 -06 - A Resolution Adopting the ICMA -RC Deferred Compensation /Retirement Plan. Counciimember Schaaf moved, Kern seconded to approve resolution 95- 02 -06. Carried 5 -0. St. Croix Mall TIF District Modification - Counciimember Schaaf moved, Kern seconded, to set a public hearing for March 27, 1995 at 7:30 P.M. to discuss the proposed TIF District modification. Carried 5 -0. Bike Paths Preliminary Planning Cost Estimate - Council discussed the Bike Path Planning estimate with Richards. Richards estimated that with Park Commission discussion it would take approximately three months to complete the project. Counciimember Robert moved, seconded by Schaaf, to approve the proposed estimate and to require the report be presented at the first Council meeting in June. Carried 5 -0. Meeting Site - Proposed St. Croix River Bridge EIS Meeting - Mayor O'Neal expressed concern that the Washington County Government Center meeting room was not big enough for the meeting. Council directed Robertson to try to line up the Junior High auditorium for the meeting. Capital Improvement Fund - Council reviewed the Capital Improvement Fund. Mayor O'Neal proposed the following transfers; 1) 2) $22,100 from the Unallocated account to the Recreation account; $25,000 from the Unallocated account to the Land Acquisition account; 3) $15,000 from the Unallocated account to the Street Reconstruction account; 4) $40,000 from the ADA account to the Street Reconstruction account; Council agreed to consider these and other recommendations at the next Council meeting and Robertson was directed to provide a list of all City capital accounts and their current balances. Page Five - Minutes 02/27/95 Correspondence: Letter from Milan Korich - Council discussed Mr. Korich's complaint regarding Junker Sanitation. Robertson was directed to do the following; 1) Establish a complaint form for garbage complaints. 2) Monitor types of complaints and staff time spent on them and report back to Council in 3 months. 3) Write a letter to Mr. Korich expresses the Council's regrets. Middle St. Croix Watershed Management Organization Minutes - Council reviewed the formula for the Watershed's budget, noting that it will reduce the City's cost by $254. Adjournment: Councilmember Kern, seconded by Swenson, moved to adjourn. Carried 5 -0. Adjourned at 10:27 p.m. Respectfully submitted, Michael Robertson City Administrator • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, FEBRUARY 13, 1995 Conceptual Plan for Future Trails Workshop: Mayor O'Neal opened the workshop at 6:15. Paul Plaster was present and will be helping with the bike trails. Councilwoman Robert reported on meeting with Mike Thomas and Donna Folsom of NSP. Council discussed various options for placement of bike trails and walk paths, time frames and costs. Call to Order: The meeting was called to order at 7:03 p.m. by Mayor O'Neal. Present: Councilmembers Swenson, Robert, Kern and Schaaf. Staff present: Deputy Clerk/Finance Director Holst, City Attorney Vierling and City Engineer Anderlik. Staff Reports: Utility Department - Councilman Kern requested any residents that have their water running due to the cold weather and pipes freezing to please call City Hall and inform staff so their water bill can be estimated for the March 1995 quarter. • Parks Commission - The next Parks Commission meeting will be held Tuesday, February 21, 1995 at 6:30 p.m. Parks Liaison Robert had a request from the Parks Commission that if there are any available funds in the Capital Improvement Fund they could appropriate funds for toddler equipment in the parks. Old Business: Councilmembers Insurance - Schaaf, seconded by Kern, moved to table insurance for Councilmembers until the February 27, 1995 meeting. 5 aye votes. Carried. Deck Regulations - Council discussed deck regulations with regard to decks being treated as part of house structure, required setbacks should be maintained and height should be no higher than the highest living area of the home. Kern, seconded by Schaaf, moved to request City Attorney to draft amendment to Zoning Ordinance for deck regulations. 5 aye votes. Carried. Page Two - Minutes February 13, 1995 • River Valley Arts Council Report - Councilwoman Robert reported her attendance at the January 26th River Valley Arts Council meeting. The City was awarded a plaque for their past support along with Arts Council's annual report and directory. Highway 36 Design Review Committee Report - Councilwoman Robert reported on the Highway 36 Design Review Committee meeting. The decision was made to keep the historic bridge in Stillwater. The final environmental impact statement is to be signed. The communities will have 30 days after the statement is signed and delivered to comment on the issues. Kern, seconded by Robert, moved to set a public hearing to discuss final environmental impact statement, reconstruction plans for trunk highway 36 and any other facets relating to the bridge project for March 15, 1995 at 7:00 p.m. 5 aye votes. Carried. City Administrator is to notify residents and determine meeting location. Bike Trails/Walk Paths Report - Councilwoman Robert informed Council of a • design guide workshop for bike trails /walk paths tentatively in April. Councilwoman Robert and City Administrator Robertson were instructed to consult with Northwest Associated Consultants on the cost of doing a preliminary plan for bike trails /walk paths. Councilwoman Robert reported on her meeting with Mike Thomas and Donna Folsom of NSP. They discussed using the area under the high wires from the Mall to Oakgreen Ave. for bike trails. Mr. Thomas was to report back to Councilwoman Robert on this possibility by March 15, 1995. Councilwoman Robert will be walking the area with Donna Folsom on February 24, 1995. Councilwoman Robert will be attending the Baytown Township meeting on March 6, 1995 to discuss forming a committee for long term planning for bike trails /walk paths on Oakgreen Ave. Visionary Planning Report - Mayor O'Neal reported on the Visionary Planning meeting. Council would like to have a Mission Statement completed and goals set by the year end. Mayor O'Neal, Councilman Swenson, City Administrator Robertson and two citizens of the community will form a committee for this purpose. Any interested citizens should call City Hall, 439 -4439. • Page Three - Minutes February 13, 1995 Cable - There will be an Access TV workshop Monday, February 27, 1995 at 6:15 p.m. January 23, 1995 Council Meeting Minutes: Kern, seconded by Swenson, moved to approve minutes. 5 aye votes. Carried. New Business: Electric Service Agreement - Schaaf, seconded by Kern, moved approve Electric Service Agreement, Peak - Controlled Tiered Services with NSP. 5 aye votes. Carried. 58th St. - Wetland Mitigation - Mark Benson with MNDOT presented cost participation amounts and conditions for 4 lane road on 58th St. from Norell Ave to County Road 5. MNDOT would make available to the City $230,000 with the following conditions: 1. City would take over and maintain the frontage road. 2. City would enter into cost sharing for a pond on the south side of • Highway 36 and the frontage road based on the number of acres of drainage attributed to property in the City. This would depend on if the City should decide whether to pond now or when development occurs. 3. Share costs of new signal at 58th St. and County Road 5. Signal would cost $100,000 with federal funds contributing $80,000. $20,000 would be split 4 ways with Oak Park Heights share to be $5,000. 4. City would issue approval to the County Highway overpass/TH36 reconstruction. Mark Benson informed Council that MNDOT is investigating a wetland area south on Osgood Ave. They are also still looking at Outlot B on the Brackey Property. MNDOT should have their conclusion by February 27, 1995. Schaaf, seconded by Robert, moved to adopt concept of MNDOT proposal for participation costs for 58th St. from a 2 lane to a 4 lane road in the amount of $230,000 with conditions of City agreeing to take over and maintain the frontage road, cost sharing on the ponding and cost sharing of new signalization at 58th St. and County Road 5, contingent on staff review. 5 aye votes. Carried. Mark Benson informed Council that MNDOT is currently in the process of buy- outs and relocations on a case by case basis (based on Hardship Laws) of property located in the area of the proposed bridge. Page Four - Minutes February 13, 1995 Kern, seconded by Schaaf, moved to have March 15th public hearing cablecast. 5 aye votes. Carried. Napa Auto Parts Sign - Schaaf, seconded by Swenson, moved to approve Napa Auto Parts sign application. 5 aye votes. Carried. City Hall Carpeting - Swenson, seconded by Kern, moved to award bid for carpeting hallways, secretarial area, breakroom and dispatch office to Abbott Paint and Carpet Co. in the amount of $5,148.00. 5 aye votes. Carried. Resolution 95 -02 -05 - Kern, seconded by Robert, move to adopt Resolution approving December 31, 1994 transfers as follows: Transfer $10,000 from AAE- Sanitary Sewer Connection Charge Fund to the Water & Sewer Revenue Bonds of 1991/Refunding Bonds of 1993 for debt service payments. Transfer $55,000 from AAE -Water Works Connection Charge Fund to the • Water & Sewer Revenue Bonds of 1991 /Refunding Bonds of 1993 for debt service payments. Transfer $50,000 from the General Fund to Capital Improvement Fund - Unallocated. Roll call vote taken with 5 aye votes. Resolution adopted. Approval of Bills: - Schaaf, seconded by Kern, moved to approve payment of bills as presented with the deletion of payment to the St. Paul Mayor's Winter Carnival Reception for $25.00. 5 aye votes. Carried. Dog Barking Ordinance - Robert, seconded by Swenson, moved to request City Attorney to redo existing dog barking ordinance and present at February 27th Council meeting. 5 aye votes. Carried. Correspondence: Council noted receipt of MNDOT open house invitation and School District letter on Facility Use and City Attorney's response. Street Reconstruction - Council acknowledge receipt of petitions and correspondence on the street reconstruction issue. • Page Five - Minutes February 13, 1995 Robert, seconded by Schaat moved to remove Upper 55th St. N. lying east of Osgood Ave. N. from the plans and specs for Phase A Street Reconstruction due to non - notification to the residents and the surfacing of the road is currently graded higher than the other streets being reconstructed. 5 aye votes. Carried. The balance of the petitions and letters will be discussed at the February 27, 1995 Council meeting. Brown's Creek Watershed Management Organization - Meeting will be held Wednesday February 15, 1995 at Stillwater. Middle St. Croix Watershed Management Organization - Meeting will be held Tuesday February 21, 1995 at Bayport. Adjournment: - Kern, seconded by Schaaf, moved to adjourn. 5 aye votes. Adjourned at 9:30 p.m. • Respectfully submitted, udy Holst Deputy ClerklFinance Director CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, JANUARY 23, 1995 Financial Presentation Workshop: Mayor O'Neal opened the workshop at 6:15 p.m. Rob Tautges and David Mol of the City's accounting firm Tautges, Redpath, Inc. presented information on the City's financial condition to the Council. Call to Order: The meeting was called to order at 7:09 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf & Swenson. Staff present: City Administrator Robertson, City Attorney Vierling, City Engineer Hansen, City Planner Richards, and City Auditors Tautges and Moll. Staff Reports: Parks Commission - Parks Liaison Robert noted that the Parks Commission recommended any donations go toward toddler equipment. Robert, seconded by Kern, moved to re- appoint Mark Johnson and Paul Plaster to the Parks Commission, terms to run January, 1995 through December, 1997. Carried 5 -0. Robert, seconded by Kern, moved to establish Saturday, April 8, 1995 as the date of the Parks Commission breakfast and for the City • to pay for the breakfast. Carried 5 -0. Council directed Robertson to publish a meeting notice for the breakfast and to invite Steve Russell to the next Parks Commission meeting. Old Business: Robert noted that Paul Plaster of the Parks Commission had volunteered to be on the Joint Trail Committee, and that she had also received a commitment from the Washington County Public Works Department to participate. Baytown will discuss appointing representatives at their March meeting. January 9, 1995 Council Meeting Minutes: Schaaf, seconded by Kern, moved approval of the minutes. Carried 5 -0. Public Hearings: Brackey Rezoning & Preliminary Plat - Mr. Brackey requested a continuation for a month to resolve a few remaining issues. Schaaf, seconded by Robert, moved to continue the hearing until February 27, 1995. Carried 5 -0. • Page Two - Minutes 01/23/95 411 Arcon Development Rezoning & Preliminary Plat - Richards noted that the Park Commission had reviewed the plat and recommended that a trail easement be maintained on the north side of the wetlands. Richards said that a walking survey of the land convinced him that the proposed cul -de -sacs were a satisfactory design which would preserve trees. Robertson noted that this request needed to be continued pending resolution of some engineering issues. Schaaf, seconded by Kern, moved to continue the hearing until February 27, 1995. Carried 5 -0. Menards Conditional Use Permit - Robertson said that Menards had revised their design and had not submitted a plan so this issue would have to be continued. Kern, seconded by Schaaf, moved to continue the hearing until February 27, 1995. Carried 5 -0. Street Reconstruction Area "A" - Robertson read the public notice and presented the affidavit of publication and the mailing list for the proposed street reconstruction and improvements of 1995. O'Neal opened the public hearing at 7:45 P.M. City Engineer Hansen described the proposed improvements. City Auditor Moll described the proposed financing plan. O'Neal called for public comments. Considerable public comment followed. (See Attachment A). O'Neal noted receipt of letters from the following individuals. Joe Carufel, 14625 57th Street N. and William Casperson, 14331 57th Street N. O'Neal noted receipt of a petition opposed to reconstruction of Olene and Olinda streets by individuals living on those streets. Kern, seconded by Schaaf, moved to close hearing. Carried 5 -0, hearing closed at 11:01. Resolution 95 -01 -02 - Kern, seconded by Schaaf, moved to approve Resolution 95 -01 -02 - A Resolution Ordering Improvements and Directing Preparation of Final Plans and Specifications for the Street Reconstruction and Improvements of 1995. Carried 4 -1, Swenson opposed. New Business: Visioning Meeting - O'Neal asked that any Councilmember who had additional items they wanted to discuss give them to Robertson. Renewal of Fire Protection Contract - Schaaf, seconded by Kern, moved renewal of the Fire Protection Contract with Bayport at a cost of $42,000. Carried 4 -0 with Swenson abstaining. Highway 36 Design Review Committee Report - Robert reported on the meeting of the Highway 36 Design Review Committee. • Page Three - Minutes 01/23/95 Resolution 95 -01 -03 - Robert, seconded by Schaaf, moved to approve PP rove Resolution 95 -01 -03 - A Resolution Requesting Changes by MNDOT to the Proposed Highway 36 Design Regarding Sidewalks at the Intersections. Carried 5 -0. Resolution 95 -01 -04 - Robert, seconded by Schaaf, moved to approve Resolution 95 -01 -04 - A Resolution Requesting Changes by MNDOT to the Proposed Highway 36 Design Regarding Construction of a Sidewalk /Biking Trail from the Club Tara Cul -de -sac to the South Frontage Road. Carried 5 -0. Correspondence: Minnesota Human Rights Commission - Council noted receipt of the Human Rights Commission letter and Robertson's response. Adjournment: - Schaaf, seconded by Kern, moved to adjourn. Carried 5 -0. Adjourned at 11:18 p.m. Respectfully submitted, Michael Robertson • City Administrator • III 1995 STREET RECONSTRUCTION & IMPROVEMENT HEARING JANUARY 23, 1995 ATTACHMENT A NAME ADDRESS COMMENT Gordy Rasmussen 4 -Plex on Olinda Opposed in his area, streets are ok, low traffic. Mark Powell 5698 Stagecoach Wanted to know how much taxes will go up. Jack Doerr 14520 U. 56th St In favor, need it now, will cost more in future, favors concrete curbs. Alan Goslin 5554 O'Brien In favor, happy the City gave one year warning. Don Fowler 5851 Oldfield Favors re- surfacing over reconstruction, opposed to concrete curbs, wants speed bumps. Mary Buckley 5860 Oldfield Opposed, will increase valuation, front foot cost for Commercial property may be less. III Art Edlund Oldfield Ct Are costs of s maintenance going up? Dean Harbay 14401 U. 56th St. Favors re- surfacing over reconstruction, opposed to concrete curbs. Paul Balough 5810 Olene Wants front foot assessment because he only owns 18.5 front feet of a townhouse. Sandy Boettcher 5857 Olinda Leave out Olinda & Olene, low traffic, streets ok. Kathy Gilbert 14241 56th St Opposed because on a low traffic cul -de -sac. Feels City should have a written assessment code and sent letters to every City resident. Margaret Murphy 5876 Oldfield In favor, will cost more in future. Would surmountable concrete curb cost less? Amy Lowe 5952 Oldfield In favor, will cost more in future. Concern re: frontage road design changes. 411 Phil Parricino 5654 O'Brien In favor, but wants better street maintenance in future. Bob Zachowski 14261 60th St In favor, concerned re: 410 MNDOT design delays. Ray Reinhardt 5800 Olinda Opposed to Olinda, low traffic, street ok. Charles Huenich 14285 55th St In favor, will cost more in future. Tom Stanke Not in Area. Opposed to less than 100% assessment because he paid 100% for his street & curb. Letters Received: William Casperson 14331 57th St Opposed. Joe Carufel 14625 57th St In favor, wants concrete curbs. Petition Opposing Reconstruction on Olene & Olinda Received From: Gordy Rasmussen 4 Plex Owner Ray Reinhardt 5800 Olinda Elaine Reinhardt 5800 Olinda Lloyd Zollner 5835 Olinda Phillip Buck 5836 Olinda Gwen Buck 5836 Olinda Sandy Boettcher 5857 Olinda S Ann Ostendorf 5871 Olinda Stan Ostendorf 5871 Olinda John McKeever 5896 Olene Charles Simonet 5888 Olene Kathy MacDonald 5810 Olinda Byron Nelson 5834 Olene Marie Foley 5872 Olene Jeanne Shoemke 5814 Olene J. Michael Dvorak 5898 Olinda Ron Buschman 5862 Olinda Mark Bonse 5817 Olinda Sue Roettger 5858 Olene James Beyer 5802 Olene Laura Randall 5804 Olene Terri Meister 5806 Olene • CITY OF OAK PARK HEIGHTS COUNCIL MEETING MINUTES, MONDAY, JANUARY 9, 1995 Bike Trail Workshop - Mayor O'Neal opened the workshop at 5:53 p.m. In attendance were approximately 12 people who expressed concerns regarding the following; width of the Oakgreen Avenue right -of- way, ditch depth, drainage, tree removal, future plans for the road, Highway 36 reconstruction effects, demand for trails, and future trail maintenance. Ron Fredkove, Baytown Supervisor, suggested that Baytown and Oak Park Heights form a joint committee to develop bike trail plans. Call to order at 7:03 p.m. by Mayor O'Neal. Present: Councilmembers Kern, Robert, Schaaf & Swanson. Staff present: Robertson and Vierling. Staff Reports - Building Department - Council discussed the recent joint inspection of 5674 Perkins by the Oak Park Heights Building Inspector and a Washington County Public Health official. Council directed Robertson to send copies of the letters to the homeowner. Utilities - Robertson noted that a pipe in the new water tower had frozen and temporarily shut down the electronic control panel in • tower. The problem has been repaired. Administration - Robertson noted that the new Councilmembers had requested a review of City finances by the City Auditor. Council scheduled a workshop for this purpose on Monday, January 23, 1995 at 6:15 p.m. Old Business - There was no old business. December 27, 1994 Council Meeting Minutes - Schaaf, seconded by Kern, moved approval of the minutes. Carried 5 -0. New Business 1995 Appointments - Deputy Mayor - Schaaf, seconded by Robert, moved approval of Dean Kern, Sr. as Deputy Mayor for 1995. Carried 5 -0. Council Liaison to the Park Board - Schaaf, seconded by Kern, moved approval of Janet Robert as Park Liaison. Carried 5 -0. Stillwater Area Economic Development Committee - Robert, seconded by Kern, moved approval of Dave Schaaf as City representative to SAEDC. Carried 5 -0. Cable Commission - O'Neal, seconded by Schaaf, moved approval of • Mark Swanson as City representative to the Cable Commission. Carried 5 -0. • Page Two - Minutes 01/09/95 Watershed Management Organizations - Schaaf, seconded by Swanson, moved approval of Barb O'Neal as City representative to the Middle St. Croix and Browns Creek Watershed Management Organizations. Carried 5 -0. Robertson was directed to obtain an estimate of the cost to the City to process the WMO's checks on a regular basis. Building Inspector Contract with Bayport - Kern, seconded by Swanson, moved approval of the Building Inspector contract with the City of Bayport. Carried 5 -0. 1995 Home Occupation Licenses - Kern, seconded by Swanson, moved approval of the 1995 home occupation licenses. Carried 4 -0, with Robert abstaining due to conflict of interest. Resolution 95 -01 -01 - A Resolution Designating 1995 Checking & bank Depositories - Schaaf, seconded by Kern, moved approval of Resolution 95- 01 -01. Carried 5 -0 on a roll call vote. Resolution adopted. Zoning Ordinance Interpretation - Ground Floor Decks - Robertson informed Council that there had been a conflict in interpretation of the Zoning Ordinance between the Building Inspector and the . Planning Consultant regarding the meaning of the term "ground floor" with regard to the placement of decks. After some discussion, Council confirmed that the Building Inspector's interpretation of the ground floor as the main floor of the house was the correct interpretation for the following reasons; 1) Allowing a deck only at ground level on a split or multi level home could mean that a deck might not line up with any of the floor levels in the home. 2) It is the interpretation traditionally used by the Building Department in the past, and City Attorney Vierling stated that changing it in this case would put the City in a difficult legal position. Council directed Robertson to do the following; 1) Send a letter to the building contractor confirming this interpretation and asking him to take the neighbor's concerns to heart. 2) Examine how neighboring and similar sized communities handle this issue and report back to the Council. Voice Mail System - O'Neal noted receipt of a memo from Robertson explaining to new Councilmembers how the voicemail system worked. Council Visioning Session - Robertson was directed to set up a dinner after the visioning session. • Page Three - Minutes 01/09/95 Bike Trails - Schaaf, seconded by Swanson, moved to appoint Robert and Kern as Council representatives to a Joint Bike Trail Committee with Baytown. Robertson was directed to advertise for additional interested parties. Carried 5 -0. Approval of Bills - Kern, seconded by Schaaf, moved to pay bills as presented. Carried 5 -0. Corres ondence - A letter proposing a trail between Bayport, Oak Park Heights, and Stillwater was turned over to the newly formed Bike Trail committee for consideration. Used Car Lot - Daniel Stewart, owner of Stillwater Used Auto Parts, 13795 N. 60th St., was in attendance to discuss the problem with his used car lot. Vierling noted that the lot was not an allowed use for that area. Council granted Stewart a week to move the cars within the fenced area of his lot. Stewart said he would comply with Council wishes. Snowblower - Council directed Robertson to handle the Public Works snowblower situation and report back to Council. Adiournment - Schaaf, seconded by Kern, moved to adjourn. Carried 5 -0. Adjourned at 8:15 p.m. le Respectfully submitted, "7 , i Michael Robertson City Administrator 1110