HomeMy WebLinkAbout05-22-07 Minutes • CITY OF OAK PARK HEIGHTS
7:00 P.M. TUESDAY, MAY 22, 2007
CITY COUNCIL MEETING MINUTES
I. Call to Order /Pledee of Alleeiance /Annroval 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, City Attorney Vierling
and City Planner Richards. Absent: City Engineer Postler.
Mayor Beaudet added "2007 Crack Seal Contract for Streets and Parks" as item G under
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 last meeting was
held Monday, May 10, 2007. There was a Comprehensive Plan Committee
meeting just prior to the regular meeting. They discussed a mission statement,
policies, and goals statement. The next time the Comprehensive Plan Committee
will meet will be before the July 12, 2007 regular meeting. At the regular
• meeting, they had one item up for public hearing, which was on the agenda as
item D in New Business. The next regular meeting of the Planning Commission
is scheduled for June 14, 2007, at 7:00 p.m. There are three items up for public
hearing that day. Councilmember McComber reported that the Transit Feasibility
Study Group should be meeting prior to that date. She will provide information to
City Planner Richards.
B. Parks Commission: Councilmember McComber reported that the last Parks
Commission meeting was held on May 21, 2007. The walkthrough began at 5:00
p.m. at Cover Park and they continued on to Autumn Hills Park. She reported
that they have scheduled a worksession for June 18, 2007 at 5:00 p.m. to discuss
the walkthrough list and meet with Xcel at the Moelter site. The regular meeting
will follow at 6:30 p.m.
C. Cable Commission: Councilmember Doerr reported that the next meeting will be
June 20, 2007, at 7:00 p.m. at the Access Center. He stated that the issue with the
cable bills that they are attempting to have heard in the state is on hold. He stated
that there have been numerous filings in District Courts opposing the FCC ruling.
D. Water Management Organizations: Mayor Beaudet reported that the Middle St.
Croix will be meeting June 14, 2007, at 7:00 p.m. at the Washington Conservation
District Office.
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May 22, 2007
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• E. Lower St. Croix River Advisory Committee: Mayor Beaudet reported that the
Lower St. Croix River Advisory Committee will be meeting Wednesday, May 23,
2007, at 7:00 p.m. in the lower level of the St. Croix County Government Center.
F. Other Liaison/Staff Reports:
1. Smina Clean -Up: Tonnaae Report: Administrative Secretary Thoen
reported that there were a total of 58.72 tons of waste and recycling
dropped off at the Spring Clean -Up on April 28, 2007. Last year's total
was 40.21 tons.
Mayor Beaudet reported that the trail at the Andersen Corporation building
located at the St. Croix Mall has been completed. He thanked Andersen
Corporation for their cooperation in extending the City's trail system.
Councilmember Doerr suggested that councilmembers and staff visit the city's
website, which is being updated by Administrative Secretary Thoen.
Councilmember Doerr congratulated her on the progress made.
III. Visitors/Public Comment:
Recvclina Award: Administrative Secretary Thoen reported that Auldon Johnson of
• 1452357 th St. N. was selected to receive the recycling award.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes — May 8, 2007
C. Approve City Council Minutes — May 15, 2007
D. Approve Gambling License for Stillwater Eagles Aerie 94
E. Approve Tower Asphalt, Inc 1 St Payment for 2007 Trail & Parking Lot
Improvements
F. Approve Purchase of Network Server, Computers and Projector
G. Authorization to Receive Property (5416 Stagecoach Trail — the former "Bell
Property ") from the City's Economic Development Authority
Councilmember Doerr requested that Item G. be pulled from the Consent Agenda.
Councilmember McComber, seconded by Councilmember Doerr, moved to approve
Items A through F of the Consent Agenda as presented. Councilmember Doerr
questioned whether there needed to be a meeting with the Economic Development
Authority prior to approving Item G. City Administrator Johnson reported that he is
seeking authorization to take the actions proposed in his request. The first action
proposed is to schedule an Economic Development Authority meeting. Councilmember
Abrahamson, seconded by Councilmember McComber, moved to approve Item G. Roll
• call vote taken. Carried 5 -0.
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May 22, 2007
Page 3 of 9
• V. Public Hearings:
None
VI. Old Business:
A. No Wake Zone Resolution — St. Croix River: City Administrator Johnson reported
that he received an e -mail from James Gribble of the Washington County
Sheriff's Office. Councilmember McComber questioned enforcement of the no-
wake zone. City Administrator Johnson states that the Washington County
Sheriff's Office does enforce the area and they are essentially not supporting the
proposal of a no -wake zone.
Lynn Most, past president and current member of the Sunnyside Marina,
informed the council that he has lived on the river his whole life, and has noticed
that there are more boats and larger boats on the river today. He reported that the
request for a no -wake zone is because of safety issues. There are gas docks along
the marina, and gas could spill and explode. There have been six deaths and a
number of accidents in that area which may or may not be associated with high
wakes. He reported that he proposed tenuation plates, but the DNR would not
allow it.
Mark Lisa, current president of Sunnyside Marina, reported that in 2002, they
submitted a survey to 208 members of the marina on the issue of a no -wake zone.
They had approximately 95 percent of their members respond to the survey. The
results were: 74% were in favor, 9% were neutral, and 17% opposed a no -wake
zone. Mr. Liska reported that at the September 2006 member meeting, they did
not have enough information to present on the issue. At the May 12, 2007,
member meeting, they had an overwhelming show of hands from members who
supported the no -wake zone. Councilmember Swenson questioned whether they
had 100 percent support from all members. Mr. Liska responded that it was not
100 percent but that there was an overwhelming show of support on the issue.
Lynn Most questioned City Administrator Johnson on the Washington County
Sheriff's Department's position based on the correspondence sent to him. City
Administrator Johnson reported that they did not state that they do not support the
issue, but that they raised several concerns.
Councilmember Doerr questioned whether Sunnyside Marina contacted St. Croix
County or St. Joseph's Township to obtain their positions. Mr. Most responded
that they had not. Councilmember Swenson reported that he does not take issue
supporting the no -wake zone for the Minnesota side of the river, but that may
cause problems for the St. Croix County side of the river. Councilmember
McComber questioned whether the DNR would support a causeway. Mr. Most
responded that DNR will not allow it. Councilmember Swenson questioned
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May 22, 2007
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whether they would accept a 100 foot no -wake zone. Mr. Most responded that it
would not be effective. Councilmember Doerr questioned whether there is a no-
wake zone in place around the shoreline and docks. Mr. Most responded that
there is a no -wake zone from the shorelines and docks extending out 100 feet.
Mr. Most reported that Sunnyside Marina is just requesting a no -wake zone in
front of the marina, not the whole river.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to approve the
resolution. Councilmember Doerr questioned enforcement. He was concerned
about where the Minnesota and Wisconsin line is separating sides of the river.
Councilmember Abrahamson stated that it is his understanding that passing this
resolution is simply showing support, not taking authority. Mayor Beaudet
reported that enforcement is beyond the jurisdiction of the City of Oak Park
Heights. No vote taken. Motion fails.
Councilmember Swenson, seconded by Councilmember McComber, moved to
table the issue. Carried 4 -1, Beaudet opposed. Councilmember Swenson,
seconded by Councilmember McComber, moved to authorize staff to schedule a
worksession. Carried 4 -1, Beaudet opposed. Mayor Beaudet questioned the
outcome if invitees did not appear. Councilmember Swenson stated he would
interpret that as no support. The issue could be brought back at the next City
• Council meeting.
B. 2008 Budaet Proposals: Mayor Beaudet reported that the legislature has finished.
The City will receive the market value credit funds this year for the first time.
Mayor Beaudet, seconded by Councilmember Abrahamson moved to direct
administration to account for normal inflationary increases and a 3% salary
increase for the upcoming year.
C. Reschedule of June 26, 2007, Citv Council Meeting: Councilmember Doerr
reported that he and Councilmember McComber will be in Duluth for the League
of Minnesota Cities conference the evening of Tuesday, June 26, 2007, so will not
be able to attend the City Council meeting as scheduled. Councilmember Doerr
suggests the meeting be rescheduled to Monday, June 25, 2007. Councilmember
Abrahamson stated that he will not be able to attend on that date. Councilmember
McComber suggested moving the meeting to Tuesday, June 19, 2007.
Councilmember Swenson stated that he will be out of town on that date.
Councilmember Abrahamson, seconded by Councilmember McComber, moved
to reschedule the June 26, 2007, City Council meeting to Tuesday, June 19, 2007.
D. Citv Hall Facilities Needs & Assessment Report — Buetow & Associates: Randy
Engel from Beutow & Associates gave a presentation. He reported that staff and
council were interviewed and the City Hall facility was reviewed. He
recommended a Deferred Maintenance Option which would consist of a review of
• _ rainwater runoff distribution, improving functions, providing accessibility, and
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May 22, 2007
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• replacing equipment. The recommendations are to increase parking, improve
flow of traffic through the site, and provide a new image for the building. He
stated that the option will provide for keeping the existing chlorine room, water
tower, public works garage, and pump. He stated that there are four options that
can be modified and the subsections can be interchanged as needed. Mayor
Beaudet reported that this issue will be brought up the budget worksession in July
and requested that Mr. Engel meet with staff and council.
E. Water Tower Improvement Proiect Update: City Attorney Vierling reported that
the City contracted with Leadcon to improve upon the water tower. The work
should have begun early spring and would have been done by June. City
Attorney Vierling reported that according to Leadcon, a steel order could not be
completed, so they requested a change order to the contract to complete the work
in the fall. City Attorney Vierling reported that the City Engineer had requested
verification that the steel order could not be completed. He reported that they
have not provided that verification. He reported that other contractors were
contacted to see if they could get the product and most places reported a one to
two -week delay. Attorney Vierling is seeking a penalty provision if Leadcon
cannot provide the verification requested. This matter will likely be presented at
the next City Council meeting. Mayor Beaudet questioned City Attorney Vierling
on whether the contract could be awarded to the next lowest bidder. City
• Attorney Vierling responded that there may be a problem securing another
contractor this fall because of busy schedules.
F. Acauisition of Propertv Adioinine Brekke Park: Mayor Beaudet reported that the
wooded area southeast of Brekke Park was listed for sale and that the city has
entered into a purchase agreement with the seller. He reported that they have not
resolved what will be done with the house that is on the property, but that will be
an issue for the City Planner. Councilmember Doerr suggested the possible
option of remodeling the house as a meeting facility. City Planner Richards
reported that accessibility may be an issue.
City Administrator Johnson reported that there is a home inspection scheduled for
May 29, 2007, the well closure is planned for the next couple of weeks, and there
is a meeting with the City Engineer's office for the Phase I environmental study.
Councilmember Abrahamson questioned if there is a tentative closing date set up.
City Attorney Vierling reported that the tentative closing date is set for June 29,
2007. He stated that they will seek authorization from the council at the next City
Council meeting to finalize the purchase. Mayor Beaudet reported that the funds
used to purchase the property will come from the Park and Recreation Dedication
Fund.
G. Resolution Supportinu an Application to the State — 2008 Capital Appropriation —
• to Fund Hi2hwav 36 South Frontage Road Reconstruction: Councilmember
McComber requested that the resolution be changed to state, "Frontage Roads"
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May 22, 2007
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• because the City owns property on both sides of Highway 36. She also requested
that paragraph four of the resolution be amended to read, "...effecting the
economic viability of local businesses, the area tax -base, and the safety of
pedestrians and the motoring public."
Mayor Beaudet, seconded by Councilmember McComber, moved to approve the
resolution. Councilmember McComber, seconded by Mayor Beaudet, moved to
amend the resolution to add "s" to road where listed on the resolution, and to add
the language requested in paragraph four. Roll call vote taken. Carried 5 -0.
VII. New Business.
A. Receive Wal -Mart Grant: Police Chief Swanson reported that the Police
Department had requested grants from Wal -Mart in June of 2006 for safety and
crime prevention. He reported that they Police Department checked with Wal-
Mart in August 2006 and were told that they had not yet made a decision. He
stated that on May 11, 2007, the Police Department received a grant money check
in the amount of $875.00. They were informed by Wal -Mart that the grant check
was issued in August 2006 but had been misplaced.
Councilmember Doerr, seconded by Councilmember McComber, moved to
• approve the resolution. Roll call vote taken. Carried 5 -0.
B. Wal -Mart Foundation - Donation: Police Chief Swanson reported that as part of
Wal -Mart's "Good Works" program, the City was chosen to receive a $3,000.00
donation. He reported that he received the check on Wednesday, May 16, 2007.
Councilmember McComber, seconded by Councilmember Abrahamson, moved
to approve the resolution. Mayor Beaudet reported that the donation is to be used
for Party in the Park. Mayor Beaudet, seconded by Councilmember Abrahamson,
moved to change the resolution to reflect the funds be used for Party in the Park.
Roll call vote taken. Carried 5 -0.
C. 700 Mhz Radio System- Authorization to Make Purchase: Police Chief Swanson
reported that is money in a fund to purchase new radios. He reported that
Motorola is offering a $300.00 rebate per unit. Police Chief Swanson stated that
he has been in contact with the Washington County Sheriff's Office, and they
have confirmed that the equipment is the right equipment needed. Police Chief
Swanson requested authorization to use his discretion on purchase if he finds that
the products meet their needs. Councilmember Abrahamson, seconded by
Councilmember Swenson, moved to approve the request. Carried 5 -0.
D. Little Victories Davcare — Conditional Use Permit — 5595 Memorial Ave: City
• Planner Richards reported that there is a requirement that daycares have
Conditional Use Permits. He reported that he has reviewed the site. Parking is
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May 22, 2007
Page 7 of 9
not an issue and a fence is already installed. The sign permit has already been
applied for; however, there is an issue with the signage that needs to be corrected.
Drainage plans will need to be reviewed by the City Engineer. City Planner
Richards reported that landscaping should not be an issue with the City Arborist.
Councilmember McComber, seconded by Councilmember Abrahamson, moved
to approve the resolution. Roll call vote taken. Carried 5 -0.
John Whitcomb, owner of the building, came forward and requested that the
zoning approval and building official approval be expedited for licensing. He
reported that they already have people interested in signing up. City
Administrator Johnson questioned whether they will accept a letter or if they need
the actual Conditional Use Permit. Mr. Whitcomb responded that there is an
actual form that needs to be completed. City Administrator Johnson requested
that he submit whatever is needed to City Hall. Ann Whitcomb, owner of the
daycare, came forward and stated that a zoning request was mailed to City Hall
and was also hand - delivered to Building Official Butler. She requested that the
approvals be faxed in order to expedite the matter.
E. Waste /Recvclin2 Collection Price Adiustments: City Administrator Johnson
reported that Veolia Environmental Services is requesting three increases to the
• current rates. He stated that the first request is a 1.65% increase on the total base
fees. He stated that staff does not have an objection to that increase due to the
raising fuel prices.
City Administrator Johnson reported that the second request is an 11.75%
increase in the disposal fee. He reported that staff does not have an objection to
that increase. He reported that that percentage is subject to change based on the
county tipping fees.
City Administrator Johnson reported that the third request made by Veolia is an
increase of $1.06 per month for handling CRT units. He reported that staff does
not have enough information to support this request. He stated that staff requests
more time to review the issue.
City Administrator Johnson reported that he compared the City's rates with
Bayport's and Stillwater's, and Oak Park Heights is below both. He stated that
the average person has a 60 -65 gallon container which would mean a $5.XX
increase per year. He stated that both Bayport and Stillwater have single sort
recycling.
Mayo Rude of Veolia Environmental Services came forward and reported that
they have held out on the issue of single sort recycling in the past because there
had been reports of a high number of residuals. He stated that the company is
ready to move forward and they want to explore the issue. He stated that there
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May 22, 2007
Page 8 of 9
may be a cost savings for personnel because pickup for recycling would only be
every other week rather than weekly. He thought that there would be an increase
in expenses for equipment, however. He was not sure if the two would balance
out, but he stated he will put together some numbers and make a proposal.
Councilmember McComber stated that the city does well in the recycling
program, but that single sort recycling may encourage more residents to
participate.
Mayor Beaudet requested Veolia provide the city with the county's rate. Mr.
Rude reported that CEC charges a percentage which he believed to be
approximately 38 %. He believed it is $68 to $69 to dispose of refuge. He stated
that county residents subsidize a portion of the tipping fees. Mayor Beaudet
requests a submission of the deduction in the fees if the City were to write Veolia
a check.
Councilmember McComber, seconded by Councilmember Abrahamson, moved
to approve the 1.65% increase on the total base fees and 11.75% increase in the
disposal fee, and to authorize staff to investigate further the request for increase in
monthly charge for handling CRT units. Carried 5 -0.
Mayor Beaudet stated that the City has a choice on whether they want to subsidize
the increase or pass the increase on to the residents. Councilmember Doerr
suggested waiting until budget time to decide this. City Administrator Johnson
reported that the rate increase will take affect on July 1, 2007.
F. Signal Installation and Maintenance Agreement w/ Washington County — 62
Street and Osgood Avenue: City Administrator Johnson reported that the county
is proposing to install traffic signal controls at the intersection of 62 °d Street and
Osgood Avenue. He reported that they will be paying for the installation. They
are proposing a cost - sharing agreement for the monthly electrical fees.
Councilmember Swenson is concerned about a crosswalk in the area. Mayor
Beaudet questions lighting in the area. He stated that a streetlight should be
placed on the new stoplight. Mayor Beaudet suggested that electrical outlets
should be placed so that future streetlights can be added on without having to
purchase separate meters. Mayor Beaudet, seconded by Councilmember
McComber, moved to approve the resolution. Councilmember Swenson,
seconded by Councilmember McComber, moved to add crosswalk all four ways,
full cutoffs, and electricals to provide the opportunity to add on streetlights in the
future. Roll call vote taken. Carried 5 -0. Mayor Beaudet, seconded by
Councilmember Doerr moved to authorize the Mayor and City Administrator to
sign Agreement subject to approval of the City of Attorney. Carried 5 -0.
G. 2007 Crack Seal Contract for Streets and Parks: Councilmember McComber,
seconded by Mayor Beaudet, moved to approve up to $6,500.00 for seal coating
the areas planned, the alley, and the Autumn Hills parking lot.
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VIII. Adiournment.
Councilmember Abrahamson, seconded by Councilmember McComber, moved to
adjourn at 8:43 p.m.
Respectfully submitted, p Content and rm,
Jennifer Thoen eaudet
Administrative Secretary Mayor