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
•