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HomeMy WebLinkAbout04-10-07 Minutes • CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, APRIL 10, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Allegiance /Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmember's Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, City Attorney Vierling and City Planner Richards. Absent: City Engineer Postler. Mayor Beaudet added items C. "Audit Work Session ", D. "Hwy. 36 Frontage Road" and E. "Resolution on Property Valuations — Communication Equipment Structures" to New Business. 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 next scheduled meeting is April 12, 2007 at 7:30 p.m. and that it would be preceded by a 6:30 p.m. meeting of the Comprehensive Plan Update Committee. Richards reviewed the sections of the comprehensive plan that would be discussed and noted that the Planning Commission would be conducting two public hearings as part of their regular agenda; one for a care center expansion at Boutwell's Landing and the other for a 5 -foot side -yard setback variance for parking improvements at Swager Park. B. Parks Commission: Councilmember McComber reported that the Parks Commission will be meeting Monday, April 16, 2007 and that the regular meeting will be preceded with their annual Spring Park Walk, beginning at Swager Park at 5:00 p.m. C. Cable Commission: Councilmember Doerr reported that the Budget Committee met on April 9, 2007 and that, with receipt of the final payment from the cable company in January, they were able to finalize the projected budget that was approved by the City last fall. He noted that cities would be receiving copies of the final budget for the access center and the commission. The next meeting of the Cable Commission will be held April 18, 2007 at the Access Center. D. Water Management Organizations /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 and noted that • Administrator, Melissa Lewis was present in the audience and would be describing the duties of the Middle St. Croix Watershed Management Organization to the Council later in the meeting. City Council Meeting Minutes April 10, 2007 Page 2 of 9 E. Lower St. Croix Advisory Committee: Mayor Beaudet reported that there were no meetings currently scheduled. F. Other Liaison/Staff Reports: There were no additional reports. III. Visitors/Public Comment: There were no visitors to the meeting for public comment. Mayor Beaudet recognized student visitors in the audience. Recvcliniz Award City Administrator Johnson reported that Tim & Lynn Axel of 6440 Ozark Ave., N., were selected to receive the recycling award through a random check of their residence last week. IV. Consent Agenda: A. Approve Bills & Investments B. Approval of City Council Minutes — March 27, 2007 C. Approve Final Payment for Oakgreen Ave. Utility Improvements D. Approve Randall Lee Herman, (TNT FIREWORKS) License to Sell Consumer Fireworks at Wal -Mart Parking Lot. • Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Consent Agenda, less item B. Roll call vote taken. Carried 5 — 0. Mayor Beaudet, seconded by Councilmember Swenson, moved to approve the March 27, 2007 Minutes as amended, correcting typographical errors. Carried 5 — 0. V. Public Hearines: None. Presentation: A Presentation by Middle St. Croix Watershed Manap-ement Oreanization (MSCWMO) Administrator, Melissa Lewis Re2ardina MSCWMO Background and Reauired Water Manap-ement Plans Melissa Lewis introduced herself as Administrator for the Middle St. Croix WMO and as an employee of the Washington County Soil & Conservation District. She noted that the Middle St. Croix WMO office is located in the Valley Ridge Mall and that their website is www.mscwmo.org. Administrator Lewis stated that the Middle St. Croix WMO is somewhat different than that of other watershed organizations in that there is a member of each • community that is a participant in the organization. She noted that she has been meeting with all ten member communities to review the role the Middle St. Croix WMO and to discuss the goals and policies of the watershed management plan and regulatory framework. City Council Meeting Minutes April 10, 2007 Page 3 of 9 • Lewis reported that in preparation of the Middle St. Croix WMO Watershed Management Plan they reviewed all member communities ordinances and regulations as well as some of the adjoining watershed to identify critical areas of focus which are erosion control, stormwater management, and wetland management, adding that Oak Park Heights was one of the cities that had ordinances governing all of those issues. She noted that from their review of the existing ordinances and regulations, the Middle St. Croix WMO developed performance polices to meet erosion control, stormwater management, and wetland management requirements and discussed with the Council in some detail the performance standards, noting that the MSCWMO is currently in the process of adopting a Minnesota Stormwater Manual for Design Standards. Lewis continued her presentation with a discussion of the steps toward implementation through a joint powers agreement, local water management plans, WMO administration, and Washington County water governance. It was noted that the City of Oak Park Heights has three different watershed management organizations within its district and also that as part of the implementation there is a resource available to demonstrate how things can be done and provide • information. The presentation was concluded with a brief review of the 2007 MSCWMO Budget and Community Contributions. The City Council thanked Administrator Lewis for her interesting presentation of the information. VI. Old Business A. Police Department Staffiniz — Chief of Police Position Mayor Beaudet stated that the committee established by the City Council at their March 27, 2007 meeting had an opportunity to meet to discuss the process for staffing the Chief of Police Position upon current Police Chief Swanson's retirement. Beaudet described the process that the committee proposes to be followed for the selection of a new Police Chief which would consist of a written test, a leadership test, a candidate interview, follow up testing, if required, and a recommendation to the City Council. Beaudet noted that the committee felt that having the entire City Council participating in the interview process to be somewhat unwieldy and suggested a five member selection committee consisting of himself, retired Stillwater Police Chief Larry Dauffenbach, City Attorney Vierling, City • Administrator Johnson and one additional member of the City Council. City Council Meeting Minutes April 10, 2007 • Page 4 of 9 Mayor Beaudet, seconded by Councilmember Swenson, moved to appoint the selection committee consisting of himself, retired Stillwater Police Chief, Larry Dauffenbach, City Attorney Vierling, City Administrator Johnson to recommend to the City Council the new Chief of Police and to appoint Councilmember McComber as the additional City Council member to the selection committee. Carried 5 — 0. Beaudet noted that the process did have some financial implications and moved to approve up to $8,000 from the general fund reserve be allocated to cover all costs related to the hiring of a new Chief of Police, seconded by Councilmember Swenson. Carried 5 — 0. Lastly Beaudet indicated that the committee felt the temporary position of Assistant Police Chief could be created with the position expiring at the time of appointment to Chief of Police, adding that he believed the committee could likely return to the City Council with a hiring recommendation at their last meeting in May. Discussion ensued. Councilmember Swenson suggested that a work session could be held prior to a recommendation being brought to the City Council and that the work session could potentially be scheduled just • preceding the regularly scheduled City Council meeting, wherein the hire recommendation would be an item upon the meeting agenda. Additional discussion ensued as to wage structuring for the temporary position, labor agreement requirements, City Administrator Johnson placing scheduling of a work session on the first May meeting Agenda and his creating an outline of job duties for the temporary position of Assistant Chief of Police, and Finance Director Holst looking at budgetary issues related to any wage matters for the same. B. City of Oak Park Heights History — 150 years Councilmember McComber provided an update to the Council on potential ideas for a 3 -day celebration and suggested the possibility of having the celebration August 17 -19 and in lieu of the Party in the Park event. McComber reviewed an example of an event schedule, discussing the potential event ideas, noting that the ideas were generated in an attempt to involve as many age groups as possible. She pointed out that the event ideas presented, are only ideas and that many of them need further investigation as to their viability. McComber asked the Council for their thoughts. • City Council Meeting Minutes April 10, 2007 Page 5 of 9 Discussion ensued as to the proposed event dates and the number of days being considered, the schedule of potential events, costs associated with the celebration event and insurance requirements, having the Parks Commission provide comment on the event, manpower to organize and run the event, time framing of event planning and follow through, whether or not to have the celebration event in place of the annual Party in the Park or to potentially have the annual Party in the Park as well and possibly in conjunction with National Night Out, grant fund possibility relative to an event timed to National Night Out, and locations for the event activities such as a band, auto show and pancake breakfast. It was noted that an antique car show, representative of the time period would be nice, and suggested that the celebration could be an event at the Party in the Park, with the Council dressing in period costume and assisting with food service and such. McComber pointed out that all the ideas are just ideas and encouraged anyone interested in planning and helping with the celebration event or who had old older pictures that could be scanned to contact her. McComber also informed the Council that she had been able to gain access to the original 1800's plat and a 1939 aerial photograph of the Oak • Park Heights and was having them copied for display. Mayor Beaudet, seconded by Councilmember McComber, moved that the 150 year celebration event be a one -day event to be held either at the former St. Croix Mall and Swager Park or at the former St. Croix Mall and Brekke Park; that a firework display be investigated as well as a band venue appropriate for the 13 to 19 year old age group; and that McComber report back on comments received from the Parks Commission. Carried 5 —0. Mayor Beaudet suggested that consideration of whether or not to have the annual Party in the Park decision be delayed so that staff could investigate the possibility of grant funds available and if so, whether or not the grant criteria requires that the event be in conjunction with National Night out, which is generally the last week of August. C. Autumn Hills Park Shelter Update Mayor Beaudet directed that this matter would be discussed following the Closed Session portion of the Agenda. • City Council Meeting Minutes April 10, 2007 Page 6 of 9 VII. New Business. A. Administrative Secretary /Deputy Clerk Position — ADDrove Hirine of Jennifer Thoen City Administrator Johnson informed the Council that approximately 60 applications were received for the position of Administrative Secretary /Deputy Clerk. The sub - committee, appointed by the City Council, reviewed the applications and selected eight applicants to participate in skills testing and ultimately interviewed six applicants. Johnson pointed out that all six individuals interviewed were solid candidates and after much consideration and follow up with previous employers and having a background check completed, the committee recommends hiring Jennifer Thoen for the position with a starting pay of $36,756, which follows the AFSCME Public Works and Police Communications Operator wage range. Councilmember Abrahamson, seconded by Councilmember McComber, moved to appoint Jennifer Thoen to the position of Administrative Secretary /Deputy Clerk with a starting wage of $36,756, subject to final • review and /or verification of City Administrator Johnson. Carried 5 — 0. B. Wal -Mart Stores, Inc. — Reauest for New Off -Sale Liquor License Councilmember Swenson, seconded by Councilmember McComber, moved to approve the request of Wal -Mart Stores, Inc. for a new off -sale liquor license at Wal -Mart Supercenter #1861, effective May 1, 2007, subject to approval of the State of Minnesota, Department of Safety, Liquor Control Division. Carried 5 — 0. C. Audit Work Session Mayor Beaudet noted that staff recommended scheduling a work session one hour prior to the April 24, 2007 City Council meeting for the purpose of reviewing the 2006 audit report and that the Auditor would follow with a report during the regular City Council meeting. Councilmember Swenson, seconded by Councilmember Doerr, moved to schedule a work session at 6:00 p.m. on April 24, 2007 for the purpose of reviewing the 2006 audit report. Carried 5 — 0. City Council Meeting Minutes April 10, 2007 Page 7 of 9 D. Hwv. 36 Frontage Road Councilmember Doerr expressed his concern about the condition of the frontage road along Hwy. 36 in Oak Park Heights; stating that he felt it wasn't so much the matter of the road having deteriorated, but that its condition has become a safety issue. He suggested that the City address the matter with the Minnesota Department of Transportation. Councilmember Doerr, seconded by Councilmember McComber, moved to direct City Administrator Johnson to work with City Attorney Vierling in preparing a very strongly worded letter to the Lieutenant Governor regarding the roadway condition and the need for its repair. Councilmember McComber stated that she had recently called the Minnesota Department of Transportation Maintenance Manager and requested the potholes be fixed. Discussion ensued as to the roadway condition, photo documenting the roadway condition, what kind of leverage the City may have to facilitate action and it was suggested that City Administration Johnson also copy the . Minnesota Department of Transportation Maintenance Manager, with the letter to the Lieutenant Governor, or email him a separate communication on a weekly basis to consistently remind them of the need for repair. There being no further discussion on Councilman Doerr's motion, which was seconded by Councilmember McComber, Mayor Beaudet asked for a vote on the motion. Motion Carried 5 — 0. Mayor Beaudet noted that Hwy. 36 through North St. Paul would be closed as of May 1, 2007 for roadwork and discussed the budgetary related events that resulted in the timing of a great deal of road work commencing in the metro area this Summer. Beaudet also provided the telephone numbers to contact the Lieutenant Governor for those who wished to give her a call regarding the frontage roadway condition or other transportation matters. E. Resolution on Pronertv Valuations — Communication Eauinment Structures Mayor Beaudet reported that the City had its Board of Appeal and Equalization meeting and that presently the Washington County Board has not directed the County Appraisers to appraise the structures that house communication equipment, thus they are not subject to property taxes on the structure. He stated that he would like the City to prepare and direct a resolution to the Washington County Board, asking them to bring these types of properties onto the tax roll. Beaudet clarified that he was referring only to the structures that house the equipment and not the equipment itself. City Council Meeting Minutes April 10, 2007 Page 8 of 9 Discussion ensued as to other municipal matters that could be addressed along with a resolution such as Mayor Beaudet proposed and stated that he felt he could work with City Administrator Johnson to prepare a resolution addressing the issues appropriately. Mayor Beaudet, seconded by Councilmember Swenson, moved to direct staff to work with City Attorney Vierling in preparing a resolution regarding bringing the communication equipment structures onto the tax roll and other municipal matters as deemed appropriate by the City Attorney. Carried 5 — 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 an item of pending litigation with DNR Construction. City Attorney Vierling stated that, per Minnesota Statue 13 and the appropriate provisions of Minnesota law, the office of the City Attorney has recommended that the City Council meet in closed session to review matters of pending litigation affecting the City of Oak Park Heights versus DNR Construction regarding Autumn Hills Park Shelter and recommended that the City Council move to recess to closed session for that purpose. Councilmember Doerr, seconded by Councilmember Abrahamson, moved to recess to closed session to discuss matters of pending litigation affecting the City of Oak Park Heights versus DNR Construction regarding Autumn Hills Park Shelter. Carried 5 — 0. Mayor Beaudet reconvened the regular City Council meeting, with City Attorney Vierling stating for the record, that the City Council met in closed session with the City Attorney and that those present at the meeting included himself, Mayor David Beaudet, Councilpersons Mary McComber, Les Abrahamson, Jack Doerr and Mark Swenson, and City Administrator Johnson. City Attorney Vierling stated that in the closed session, those in attendance reviewed the current status and circumstances relative to the default of the construction contract to the Autumn Hills Park Shelter by DNR Construction and received the commentary and advice of legal counsel and took no direct action within the context of the closed session but reviewed their action prior to returning to the open session of the City Council meeting. City Council Meeting Minutes April 10, 2007 Page 9 of 9 At the matter of Old Business, item C "Autumn Hills Park Shelter Update," Mayor Beaudet moved discussion to follow the closed session. Mayor Beaudet, seconded by Councilmember Doerr, moved to direct City Administrator Johnson to prepare plans and specifications to complete the construction of Autumn Hills Park Shelter and put them out for bid, with bids due prior to April 24, 2007. Carried 5 — 0. Mayor Beaudet, seconded by Councilmember Swenson, moved to allow City Administrator Johnson and City Attorney Vierling to enter into negotiations relative to the current Autumn Hills Park Shelter contract. Carried 5 — 0. City Administrator Johnson clarified whether the City Council wished to have final negotiations brought back to them or if he and City Attorney Vierling should execute them without Council review. City Attorney Vierling indicated that he thought they should be able to bring them back before the Council at their April 24 th meeting. IX. Adiournment. Councilmember McComber, seconded by Councilmember Doerr, moved to adjourn the meeting. Carried 5 — 0. Respectfully submitted, Ap rovefet tent and Fo , j JieHultman Davi e Planning & Code Enforcement Officer Mayor I