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HomeMy WebLinkAbout05-08-07 Minutes • CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MAY 8, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledue of Alleeiance /ADDroval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, Police Chief Swanson, City Attorney Vierling and City Engineer Postler. Absent: City Planner Richards. Mayor Beaudet removed "Oakgreen Ave. Trail Extension — South of 56"' Street" which was item D under Old Business on the Agenda. Mayor Beaudet added "2008 Budget to be Set" as item E under New Business to advise councilmembers that it will be set at the next City Council meeting. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Agenda as amended. Carried 5 -0. II. Department /Council Liaison Reports: A. Planning Commission: Councilmember Abrahamson reported that the next meeting will be on Thursday, May 10, 2007. They will meet with the Comprehensive Plan Committee and the regular meeting will begin immediately • after at 7:30 p.m. There is one item up for public hearing: a daycare operation on Memorial Avenue. B. Parks Commission: Councilmember McComber reported that the Parks Commission's next meeting is on May 21, 2007. They will meet at Cover Park at 5:00 p.m. to continue the park walkthroughs. The regular meeting will begin at 6:30 p.m. C. Cable Commission: Councilmember Doerr stated that there is nothing to report. D. Water Management Organizations: Mayor Beaudet reported that the Middle St. Croix will be meeting on Thursday, May 10, 2007, at 7:00 p.m. at the Washington Conservation District Office. E. Lower St. Croix River Advisory Committee: Mayor Beaudet reported that there is no meeting set for another two weeks. F. Other Liaison/Staff Reports: Councilmember McComber stated there is nothing to report. Mayor Beaudet reported that the Spring Clean -up went fairly well but that there were a few problems. There were 365 loads brought in, and the total tonnage report has not been received from Veolia. Councilmember Doerr questioned Councilmember McComber on the amount of brush that was brought • in. Councilmember McComber reported that there was a lot of brush being brought in. She stated that in the past they had always sent residents with brush to r City Council Meeting Minutes May 8, 2007 Page 2 of 6 • Buberls. Councilmember McComber reported that there were a lot of white goods being brought in. She also stated there were a lot of lawnmowers being brought in with fuel still in them. She reminded residents that they must remove the fuel. Mayor Beaudet thanked Mark and Andy from the Public Works Department for their help at the event. He also thanked Councilmember McComber and Pam Patrick for their help at the event. III. Visitors/Public Comment: Recycling Award: Administrative Secretary Thoen reported that Carla and Mike Boyd of 14200 54" St. N. Upper were selected to receive the recycling award. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — April 24, 2007 C. Approve City Council Minutes — May 1, 2007 Councilmember Swenson, seconded by Councilmember McComber, moved to approve • the Consent Agenda as presented. Roll call vote taken. Carried 5 -0. V. Public Hearings: None VI. Old Business: A. 2007 Partv in the Park: Councilmember McComber reported that it appears from the Bills and Investments that approximately $2,400 was spent for the 2006 Party in the Park event. Councilmember McComber requested clarification on the menu items. She put together a possible timeline for the entertainment and events. Councilmember McComber also requested clarification on whether city staff will be available to help with the event. Councilmember Abrahamson indicated that it was his understanding that the event is on a Tuesday evening and that staff would be available to help. Mayor Beaudet suggested that food and raffle be completed by 7:00 p.m. eliminating the need for a lot of help from city staff after 7:00 p.m. The music could continue until 9:00 p.m. Councilmember McComber questioned whether commissioners were able to assist as they had in the past. Mayor Beaudet stated the commissioners are invited to help. He stated that in the past they have been there to provide information at booths on planning and parks issues. Mayor Beaudet stated he would assume staff and • commissioners would assist as in the past. Councilmember McComber stated that there is a karaoke machine available for use as a PA system. City Administrator City Council Meeting Minutes May 8, 2007 Page 3 of 6 • Johnson stated that it was his understanding that the event will be processed as a typical Party in the Park, but it will be extended until 9:00 p.m. rather than ending at 7:00 p.m. Councilmember Abrahamson reported that at Lumberjack days, BMX bikers and skateboarders come in and provide entertainment for the teens. Councilmember Abrahamson and Mayor Beaudet stated they are not in favor of having a teen band for the event. Councilmember McComber stated that all ideas should be directed to Administrative Secretary Thoen. B. Autumn Hills Park Shelter Update: City Administrator Johnson reported that Bossard Construction has been on the site. Building Official Butler has been out to the site a couple of times. City Administrator Johnson reported that the locks have been switched out and the grading is completed. The anticipated finish date for the project is June 15, 2007. City Attorney Vierling reported that the bond performance agent has placed Bossard Construction on the site. The previous contractor was removed. They believe the project will be completed by June 15, 2007. Councilmember Abrahamson asked if they should be considering a ribbon cutting ceremony. City Administrator Johnson stated he spoke with Mayor Beaudet about getting plaques made. They discussed a dedication and inviting the public to a ceremony. City Administrator Johnson reported that they have had people show interest in renting the shelter, but they have been put on hold because the finish date is speculation at this time. • C. Resolution Supporting the Assessment of Cellular & Radio Equipment: Mayor Beaudet reported that the county has not been assessing the property and giving it a value like it should. Councilmember Swenson, seconded by Councilmember Doerr, moved to approve the Resolution with a minor change in paragraph 3 of the Resolution. Roll call vote taken. Carried 5 -0. D. 2008 State Bondinia Bill — STH 36 Frontaue Roads: Councilmember McComber requested that the city submit a request to the Department of Finance for the 2008 local governments' bonding projects for frontage road improvements before the deadline of June 25, 2007. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the request. Carried 5 -0. E. Resolution to Support of the Establishment of a `NO -WAKE' zone on St. Croix River abutting Sunnvside Marina and Wastewater Treatment Facilitv: City Administrator Johnson reported that he spoke with Kip Eleverum of the Minnesota DNR regarding jurisdiction and procedure. The Minnesota DNR stated that since it involves interstate waters, both the Minnesota and Wisconsin DNRs are involved in the process and there would be public hearings. Both DNRs would have to adopt the rule for it to be effective. Enforcement is carried through by the Washington County Sheriffs Department and the DNR. Because of that, Minnesota DNR stated that the county would have to be involved in the • process. The City has no jurisdiction or responsibility to enforce the regulation. Mayor Beaudet added that the Marina Association meets this Saturday and will IL City Council Meeting Minutes May 8, 2007 Page 4 of 6 • provide a letter. He suggested that the resolution be passed. Councilmember Swenson stated he has received a large amount of public response. He stated he would have difficulty supporting a no wake zone on the whole river. Mayor Beaudet stated that, if passed, this would simply be a recommendation. Councilmember Doerr stated that concentrating the boaters to a smaller area creates a dangerous situation. Mayor Beaudet moved to approve the Resolution. Motion failed per lack of a second. Councilmember McComber suggested reviewing the letter from Sunnyside Marina before approving the resolution. Mayor Beaudet, seconded by Councilmember McComber, moved to postpone this matter to the next City Council meeting. Carried 5 -0. VII. New Business. A. Summer Park Attendants: City Administrator Johnson reported that Mike Hoffman and Calvin Cloutier have been recommended for the Park Attendant positions. Mike Hoffman did commendable work as a rink attendant in the past so it is recommended he be hired at $9.50 per hour. Calvin Cloutier has limited direct experience so it is recommended he be hired at $8.50 per hour. The appointment would be subject to a background history check. City Administrator • Johnson reported that it is also requested that Public Works be authorized to select a third candidate under the same conditions if either of them cannot fulfill their duties or do not accept the position. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the hiring of the Park Attendants. Carried 5 -0. B. Alcohol Compliance Check Failure — Set Hearing to Show Cause: Police Chief Swanson reported that an officer conducted compliance checks on April 24, 2007. The Pizza Hut of 14563 N. 60 St. failed the compliance check. The officer had two 19 year old volunteers enter the facility, and after their identifications were checked, they were each served a bottle of beer. Police Chief Swanson recommended that Pizza Hut be sanctioned with a first offense violation. He stated that it has been over two years since the last violation so they missed it being a second offense by three days. He requested that administration send the license holder a letter inviting them to attend a Hearing to Show Cause if they chose. If not, they are requesting a civil sanction of $500.00 be imposed. He requested the hearing be set on June 26, 2007. Councilmember McComber, seconded by Councilmember Swenson, moved to set the Hearing to Show Cause on June 26, 2007. Carried 5 -0. Councilmember Doerr questions whether the Resolution needed to be reviewed. . Police Chief Swanson reported that the resolution does provide for repeat offenders, but that there is a two -year threshold. He stated that this is Pizza Hut's City Council Meeting Minutes May 8, 2007 Page 5 of 6 • fourth violation in 10 years. He stated that the Police Department does compliance checks twice per year, so Pizza Hut is not failing each time. Councilmember Abrahamson questioned whether there are any sanctions for the employees who served the underaged individuals. Police Chief Swenson stated that the employees are charged criminally. Councilmember Abrahamson questioned City Attorney Vierling on the penalty for the criminal charges. City Attorney Vierling stated that he would have to look into it, but that it is typically a fine up to $1,000 and /or up to three years imprisonment. C. MNDOT — Scenic Overlook — Site Conditions: Mayor Beaudet reported that it had been three weeks before the trash was picked up and the grass has not yet been mowed at the Scenic Overlook site. He stated that MNDOT does not usually mow until the Thursday or Friday before Memorial Day. He suggested staff send a letter to MNDOT requesting them to comply with city ordinances. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to have staff send a letter with copies of photographs taken of the site. Councilmember Doerr requested that the Village Area, where homes were removed, be looked into also. Carried 5 -0. Councilmember Abrahamson questioned whether the city can clean up the site • and send a bill to MNDOT like they do with residents sometimes. City Attorney Vierling stated that this a property that does not generate a property tax bill so they cannot be sent a bill for reimbursement. D. Fencinv- — Bavtown Substation — Xcel Enemv: Mayor Beaudet reported that all three sides of the Baytown Substation will be developed, and Xcel agreed that once that occurred, they would comply with the ordinance. He requested that Xcel Energy comply with the city ordinance. City Administrator Johnson stated that staff is not asking that they remove the substation, but rather they replace their fence and clean the site up. He reported that Xcel Energy has agreed to comply. City Administrator Johnson stated that the fence and landscaping plans must be approved by the Arborist and the City Planner. He stated that City Planner Richards requests that the posts be on the inside of the fence — not the outside. Councilmember Swenson asked for clarification that this is the Baytown Substation — not Bayport. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the general fencing plan and require additional landscaping items along the outside perimeter of the fence with the provisions that the final design shall be subject to the review and approval of the City Planner and Arborist and the fence posts must be on the inside of the fence. Carried 5 -0. E. 2008 Budget to be Set: Mayor Beaudet reported that the 2008 budget is to be set. It is anticipated that this will be set at the next City Council meeting. He stated i City Council Meeting Minutes May 8, 2007 Page 6 of 6 that this is under the presumption that the legislature will be done. Mayor Beaudet reported that all contracts expire at the end of this year so those will need to be negotiated with the budget in mind. Councilmember Doerr questioned whether the city is going to stripe Oakgreen for a pedestrian walkway between the trails. City Administrator Johnson responded that it should be striped when the trail is complete. Councilmember McComber questioned whether the curb on the Southside of 58 Street will be handicap accessible. City Administrator Johnson responded that it should be done within the next 30 days. Councilmember Abrahamson stated he would like to remind staff that the brush needs to be cut back around the trail signs. Councilmember Swenson inquired about the pump being quieted during meetings. City Administrator Johnson stated that he spoke with the mayor and the only way to possibly do that is to have an override switch put in the room. He stated will check into getting an estimate for that. VIII. Adiournment. Councilmember Swenson, seconded by Councilmember McComber, moved to adjourn at 7:43 p.m. Respectfully submitted, &,d tent and Fo , Jennifer Thoen Administrative Secretary Mayor •