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HomeMy WebLinkAbout03-27-07 Minutes • CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MARCH 27, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledze of Allegiance /Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmember's Doerr, McComber and Swenson. Staff present: Administrator Johnson, Finance Director Holst, City Attorney Vierling, City Planner Richards, and City Engineer Postler. Absent: Councilmember Abrahamson. Mayor Beaudet added "Salt Pile at Oak Park Ponds" as item C under New Business and moved Old Business item D "Autumn Hills Park Shelter Update" to follow Closed Session item "Meeting with City Attorney Pending Litigation — DNR Construction." Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Agenda as amended. Carried 5 - 0. II. Department /Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the Planning Commission held one public hearing at their March 8, 2007 meeting and that their recommendation from that hearing was on the Agenda as item A. under New Business. Richards reported that the next scheduled meeting is April 12, 2007 at 7:30 p.m. and that one public hearing scheduled for discussion is for a 5 -foot side -yard setback variance for parking improvements at Swager Park. The Comprehensive Plan Update Committee will also meet April 12, 2007 at 5:30 p.m. to continue working on the Oak Park Heights Comprehensive Plan Update. Richards stated that the meetings were going well and that he anticipated the update to be completed by the end of the year. B. Parks Commission: Councilmember McComber reported that the Parks Commission will be conducting its annual Spring Park Walk - through prior to its regularly scheduled April 16, 2007 meeting. The walk will commence at Swager Park at 5:00 p.m. and be followed by the regular meeting at City Hall at 6:30 p.m. C. Cable Commission: Councilmember Doerr reported that the next meeting of the Cable Commission will be April 18, 2007. Doerr reported that he and Kathy Cinnamon of the St. Croix Joint Valley Cable Commission were attending a meeting at the League of Minnesota Cities on March 28, 2007 regarding FCC Rule changes, and noted that the Qwest Bill in the State House did not get a hearing. Doerr announced that St. Croix Valley Joint Cable Commission Video Productionist, Pat Chapman, passed away • over the weekend and that it was his understanding that services would be City Council Meeting Minutes March 27, 2007 Page 2 of 7 • held on Good Friday. Doerr described Chapman as a super gentleman with a great sense of humor, stating that he will be missed. D. Water Management Oraanizations /Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix will be meeting on April 12, 2007 at 7:00 p.m. at the Water Conservation District office. E. Lower St. Croix Advisory Committee: Mayor Beaudet reported that the Lower St. Croix Advisory Committee had met and discussed development along the river. F. Other Liaison/Staff Reports: There were no additional reports. III. Visitors /Public Comment: Recyclina Award City Administrator Johnson reported that Jim Laliberte of 5311 Ojib Way, N., was selected to receive the recycling award. IV. Consent Agenda: A. Approval of Bills & Investments . B. Approval of City Council Minutes — March 13, 2007 C. Nomination of Councilmember Jack Doerr for the CC Ludwig Award D. Accept Resolution Recognizing the Contributions of Roxann Mendoza Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 4 -0. V. Public Hearings: None. VI. Old Business: A. Police Department Staffing — Chief of Police Position Mayor Beaudet stated that he had an opportunity to speak with retired Stillwater Police Chief Larry Dauffenbach regarding his participating in the Chief of Police position interview process. Beaudet suggested that the City Council could schedule a short work session to coordinate interview questions and interviewing format or that he, Police Chief Swanson, Larry Dauffenbach, and City Administrator Johnson could meet just prior to interviews to discuss questions and format; whichever the Council would • prefer. City Council Meeting Minutes March 27, 2007 Page 3 of 7 • Councilmember Swenson stated that he was comfortable with David, Larry, Lindy and Eric meeting to discuss the questions and interview format. Discussion ensued as to dates and time for interviews, subject to the availability of Councilmember Abrahamson. Mayor Beaudet, seconded by Councilmember McComber, moved to schedule interviews at 5:00 p.m. on April 3, 2007 with an alternate date of April 4, 2007 at 5:00 p.m., subject to the availability of Councilmember Abrahamson. Carried 4 — 0. B. City of Oak Park Heights History — 150 years Councilmember McComber reported that she was contacted by a couple of people, after the last Council meeting, from residents who liked the idea of a celebration event. McComber stated that a party -in- the -park event was a possibility but was open to ideas and asked the Council if they had any ideas to share and whether or not they would like to have a workshop to discuss possibilities. McComber added that she thought it would be nice to get resident suggestions since Oak Park Heights has a number of long time residents who could give some great ideas. • Discussion ensued as to potential timing for an event being held, a possible resource of contacts, who may be willing to assist and who would be the contact for event Planning. McComber agreed to be the contact person for the event planning, stated that September seemed like a likely time for the event and that folks should feel free to contact her if they have some suggestions. McComber noted that the members of the press could note that ideas for a celebratory event were being solicited and that they could note for them to contact her directly. Mayor Beaudet, seconded by Councilmember Swenson, moved to direct that Councilmember McComber coordinate the 150 year celebratory event and that she return to City Council with a proposed event plan. Carried 4 —0. C. Award 250,000 Gallon Elevated Tank Rehabilitation Proiect City Engineer Postler reported that the three bids were received for the 250,000 gallon elevated tank rehabilitation project and that Public Works Director Ozzello's recommendation was to award the project to the LeadCon, Inc., whose base bid amount was $272,650.00, without • Alternate No. 1 or Alternate No. 2. City Council Meeting Minutes March 27, 2007 Page 4 of 7 • Brief discussion ensued as to the basis of award recommendation, bidders to the project, and work encompassed under the base bid and the two alternates. Councilmember Swenson, seconded by Councilmember McComber, moved to award the 250,000 gallon elevated tank rehabilitation project to LeadCon, Inc. at $272,650.00; and that Alternate No. 1 and Alternate No. 2 work was be determined by City staff. Carried 4 — 0. Mayor Beaudet provided a summary of the budgetary funding plan and process options, as outlined in Finance Director Holst's memo to the City Council, for the maintenance and repair of the water tower, confirming with Finance Director Holst that his summary of the process was accurate. Mayor Beaudet, seconded by Councilmember Swenson, moved to direct the use of existing funds set aside to for the rehabilitation project and further directed Finance Director Holst to create a loan from the Capital Revolving Fund to pay the remainder of the construction costs, with interest to the Capital Revolving Fund to be paid back. Carried 4 — 0. D. Autumn Hills Park Shelter Update Item moved for discussion following Agenda item VIII: "Closed Session - Meeting with City Attorney Pending Litigation — DNR Construction. E. Award Contract — 2007 Trails & Parking Lot Improvements City Engineer Postler reported that five bids were received for the trails and parking lot improvements and three alternates. Postler reported that Tower Asphalt, Inc. was the lower bidder on the project with a base bid of $78,446.00. He noted that the base bid includes the bituminous pathways at Autumn Hills Park Shelter, Swager Park, Linear Park, Oakgreen Ave. (from the Linear Park Trail to 56 St. N.), and the parking lot improvements as Swager Park. Postler discussed the three alternates that were included in the bidding process and the bid received for the same from low bidder Tower Asphalt, Inc., specifically: • Alternate No. 1 — Oakgreen Ave. N. Trl. (56` St. N. to 55` St. N.). Bid - $25,416.00 • Alternate No. 2 — Swager Park Pkg. Lot Lighting (Type A -Hat Box). Bid - $15,599.75 • Alternate No. 3 — Swager Park Pkg. Lot Lighting (Type B -Shoe Box). Bid - $15,259.75 City Council Meeting Minutes March 27, 2007 Page 5 of 7 Mayor Beaudet noted receipt of communication from a resident on Alternate 1 and discussion ensued as to the location, proposed trail, perceived sentiment of the neighborhood for an Oakgreen Ave. trail, current trails in the area and their connections. City Administrator Johnson suggested that if the City Council felt favorable to toward Alternate 1, that a public hearing could be scheduled to receive comment on it. Johnson reported that Councilmember Abrahamson lives in the vicinity of proposed Alternate 1 and that he has indicated that he was not in favor of it. Councilmember McComber, seconded by Councilmember Doerr, moved to approve awarding the project to Tower Asphalt, Inc. with Alternate No. 3. Carried 4 — 0. City Administrator Johnson noted that the total cost to the project, including engineering fees, construction services and actual construction work to be roughly $150,000 and that he has received a $50,000 commitment from Andersen Corporation, that $25,000 has been allocated through City budgeting, and that the remaining balance will need to come from park dedication. • VII. New Business. A. Site Plan/Desian Guidelines Review — Manley Commercial Development — 60 St. — South Frontage Road City Planner Richards reviewed the request for a proposed 11,500 square foot retail building, noting that the proposed project meets the requirements of the zoning for the site. Richards notes that part of the site is encumbered by a Wal- Mart parking easement and that Wal -Mart has agreed to remove their existing pylon sign at 60 St. for the proposed development to proceed. Discussion ensued as to the site use as retail and the potentiality of a restaurant with a shared parking easement with Wal -Mart, deliveries, mail, and signage to the site, including placement of a smaller multi- tenant monument sign. Mayor Beaudet, seconded by Councilmember McComber, moved to approve the site plan and Design Guidelines review for the Oak Park Center retail building, subject to the conditions suggested by the planning report and adding condition 14, requiring the applicant to submit drainage plans to Brown's Creek Watershed District for their review and approval. Roll call vote was taken. Carried 4 — 0. City Council Meeting Minutes March 27, 2007 Page 6 of 7 B. Citv Intern — Nicole Morris Councilmember McComber, seconded by Mayor Beaudet, moved to accept the resignation of City Intern, Nicole Morris, adding that Nicole had done a marvelous job. Carried 4 — 0. Mayor Beaudet noted that Nicole was also a candidate finalist for the Administrative Secretary /Deputy Clerk position. Mayor Beaudet, seconded by Councilmember Doerr, moved to adopt the resolution recognizing the contributions of Nicole Miller. Roll call vote was taken. Carried 4 — 0. C. Salt Pile at Oak Park Ponds Shonnina Center Councilmember Doerr reported that there was a large salt pile, covered by a tarp, behind Oak Park Ponds retail center. Doerr stated that water is hitting it and running down to the holding pond, into the storm sewer and that he did not believe such stockpiling was permissible. Councilmember Doerr, seconded by Councilmember McComber, moved to direct City Administrator Johnson to contact the property manager to request that the salt pile be removed as quickly as possible. Carried 4 — 0. VIII. Closed Session: Mayor Beaudet announced that at this point in the meeting, they would recess to a closed session at the advice of the City Attorney to discuss items of pending litigation. City Attorney Vierling stated that, at the advice of legal counsel, the City Council would be meeting in closed session to discuss three matters, one of pending litigation, being DNR Construction, regarding their default at Autumn Hills Park Shelter and two matters of pending litigation, one being City of Oak Park Heights versus Secure Mini Storage, pending in Washington County District Court and the other being City of Oak Park Heights versus Minnesota Department of Transportation regarding municipal consent statute, also pending in District Court. The regular City Council meeting reconvened with City Attorney Vierling stating for the record, that the City Council met in closed session with legal counsel to discuss three matters of pending litigation. Those matters being the pending litigation of Oak Park Heights versus DNR Construction regarding their default at Autumn Hills Park Shelter and two matters of litigation, one being, City of Oak City Council Meeting Minutes March 27, 2007 40 Page 7 of 7 Park Heights versus Secure Mini Storage, pending in Washington County District Court and the other being, City of Oak Park Heights versus Minnesota Department of Transportation regarding municipal consent status, also pending in District Court. City Attorney Vierling stated that the closed session was attended by four Councilmember's, specifically, Mayor Beaudet and Councilmember's McComber, Swenson and Doerr. Councilmember Abrahamson was not present. The closed session was also attended by City Administrator Johnson. City Attorney Vierling stated that in the closed session, those in attendance received an update from legal counsel on all three legal matters, that there was discussion with regard to strategy and instruction to legal counsel with regards to proceeding. Other than direction provided to legal counsel, no other action will be taken to the matters of discussion. At the time of Agenda approval, Old Business, item D "Autumn Hills Park Shelter Update," was relocated to follow the closed session. I Mayor Beaudet, seconded by Councilmember Swenson, moved to direct City Administrator Johnson to prepare plans and specifications to complete the construction of Autumn Hills Park Shelter. Carried 4 — 0. IX. Adiournment. Councilmember McComber, seconded by Councilmember Doerr, moved to adjourn the meeting. Carried 4 — 0. Respectfully submitted, Ap ro to Conte Form, P ulie Hultman David Beaudet Planning & Code Enforcement Officer Mayor