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HomeMy WebLinkAbout06-19-07 Minutes ti • CITY OF OAK PARK HEIGHTS 7:00 PM TUESDAY, JUNE 19, 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: Councilmembers Doerr, Abrahamson and McComber. Staff Present: Administrator Johnson, Finance Director Holst, City Attorney Vierling, City Engineer Postler and City Planner Richards. Absent: Councilmember Swenson. Mayor Beaudet added "Approve Change Order #8 for Burschville Construction, Inc. for Nova Scotia Ave. and Norwich Ave. Street and Utility Improvements" to Consent Agenda as Item H. Mayor Beaudet moved New Business Items D and E to Public Hearings. Mayor Beaudet added "Allocation of Park Funding -2005 Carry- over" to New Business and "601 Ordinance — Dogs" to New Business. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Agenda as amended. Carried 4 -0. II. Department /Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the last meeting of the Planning Commission was held on July 14, 2007. They had two public hearings which were on today's agenda as public hearings. He reported that the next meeting will be July 12, 2007. There will be a comprehensive plan meeting at 6:30 p.m. followed by the regular meeting at 7:30 p.m. He reported that there are two items which are up for public hearing at that meeting. B. Parks Commission: Councilmember McComber reported that the Parks Commission met on Monday, June 18, 2007. She reported that there were two worksessions prior to the regular meeting. One worksession was to discuss the Moelter site and the other was to discuss capital improvements. She reported that the next meeting of the Parks Commission is July 16, 2007 at 6:30 p.m. at City Hall. C. Cable Commission: Councilmember Doerr reported that the next meeting will be July 18, 2007. City Council Meeting Minutes June 19, 2007 Page 2of8 • D. Water Management Organizations: Mayor Beaudet reported that the Middle St. Croix /WMO will be meeting on July 12, 2007, at 7:00 p.m. at the Washington Conservation District Office. E. Lower St. Croix River Advisory Committee: Mayor Beaudet stated there is nothing to report for the Lower St. Croix Advisory Committee. F. Other Liaison/Staff Reports: 1. Partv in the Park: Administrative Secretary Thoen reported that she has been in contact with local businesses to invite them to participate at this year's Party in the Park. She also reported that she has contacted two DJ companies to provide musical entertainment for the event. Both companies have quoted $300.00 for the entire evening. She also reported that she has prepared a budget for food and prizes. Mayor Beaudet reminded residents that the Party in the Park will be held on August 7, 2007, from 5:00 p.m. to 9:00 p.m. Councilmember Doerr reported that some members of the City Council will be at the League of Minnesota Cities Conference next week. • III. Visitors/Public Comment: Comment by Randy Wagner of 5675 Oren Ave N: He is concerned about people running the stop sign at the corner of Oren and Upper 56th. Council informed him that the City Administrator and the Chief of Police will look into it. Recycling Award: Administrative Secretary Thoen reported that Heidi Hagen of 149235 6 th Street N. was selected to receive the recycling award. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — May 22, 2007 C. Approve City Council Minutes — June 11, 2007 D. Approve Tower Asphalt, Inc 2 nd Payment for 2007 Trail & Parking Lot Improvements E. Payment request 47 Novak Ave. No. and Norwich Ave. N. Utility and Street Improvements F. Approve LG220 Lawful Gambling Permit — Children's Cancer Research Fund G. Approve Years of Service Awards — 30 Years: Chief Lindy Swanson and Public Works Foreman Jeff Kellogg; 15 Years: Building Official Jim • Butler City Council Meeting Minutes June 19, 2007 Page 3 of 8 • H. Approve Change Order #8 for Burschville Construction, Inc. for Nova Scotia Ave. and Norwich Ave. Street and Utility Improvements. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 4 -0. V. Public Hearings: A. Lowe's Conditional Use Permit — Oven & Outdoor Storap-e: City Planner Richards reported that the Planning Commission approved the Conditional Use Permit at the Planning Commission Hearing. He reported that Lowe's plans to have outdoor storage for semi trailers and delivery trucks. City Planner Richards provided a presentation of the plan. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Resolution. Roll call vote taken. Carried 4 -0. B. Menard's Site Plan/Desicn Guidelines Review — (Bi -fold Doors & Other remodel): City Planner Richards reported that Menard's has proposed a remodel to their building to address issues with inclement weather. He provided a presentation of the plan. City Planner Richards reported that a • couple of issues were discussed by the Planning Commission regarding screening and view of the storage area from 58 Street. He reported that Menard's is willing to address the issue. City Planner Richards reported that the Planning Commission recommended that eight foot bituminous trails should be added on the west side of Krueger Lane and on the north side of 58 Street adjacent to Menards. The Planning Commission also recommended that Menard's address the screening issues for the storage area that is visible from 58 Street. Warren Wasescha of 5675 Newberry Ave. N. in Autumn Ridge requested that the City address City Ordinance 401.15(b) and City Ordinance 401.15(e)8 with Menard's. He requests that Menard's be required to raise the fence height. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to approve Resolution with amendments. Roll call vote taken. Carried 4 -0. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to add to number 6 of the Resolution that the height of the fence should be increased to the height of the eve on the building and shall extend as far • east as is necessary to screen materials subject to the approval of city staff. Carried 4 -0. City Council Meeting Minutes June 19, 2007 Page 4 of 8 • Mayor Beaudet stated that he does not think there is enough room on the east side of Menard's to add an eight foot trail. Mayor Beaudet suggested that portion of the trail agreement be dropped. Councilmember McComber stated that there are no trails on the north side of 58 Street so she would like the Park Commission look at the updated trail plan and this issue could be addressed at another time. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to amend number 4 of the Resolution to state that if a trail extension on the north side of 58 Street from Krueger Lane to the west side of the Menard's property were to be proposed, the developer will waive the special assessment. Carried 3 -1, McComber opposed. VI. Old Business: A. Status of Acouisition of Property Adioinin2 Brekke Park: City Administrator Johnson reported that they are working toward a closing date of June 29, 2007. He reported that the Phase I environmental study has been completed. He reported that what was thought to be a well on the property may actually be a sewer cap that may be hooked to the City's sewer line. Public Works Director Ozzello will look into that. • City Attorney Vierling recommends a motion that the Mayor and the City Administrator be authorized to sign closing documents in connection with this purchase. Councilmember Doerr, seconded by Councilmember Abrahamson, moved to authorize the Mayor and the City Administrator to sign all necessary documents for the closing. B. Water Tower #1 Rehabilitation: City Administrator Johnson reported that LeadCon was able to produce documentation of when steel was ordered and when it would be available. He reported that the change order would amend the dates from late June to an early fall deadline. He reported that the City will be receiving a deduct in the amount of $2,000 and enhanced penalties will be placed on LeadCon for non - performance if they do not meet the dates as specified in the change order. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the change order. Carried 4 -0. C. STH 36 Frontap-e Roads — MNDOT Response: Councilmember McComber suggested setting a worksession with Representative Bunn, Senator Saltzman, MNDOT, the City Council, and maybe Washington County and the City of Stillwater. Mayor Beaudet questioned when the • worksession should take place. Councilmember McComber suggested the City Council Meeting Minutes June 19, 2007 Page 5 of 8 • worksession be towards the end of July on a date that is agreeable to all parties. Councilmember Doerr stated that he wants to make sure that the snow plowing will include the north half of the south frontage road west of Norell Avenue. Mayor Beaudet reported that the north half of the south frontage road from Omaha to the west is in Stillwater, and the City of Stillwater will not come to the south frontage road to plow. He stated that the City of Oak Park Heights only agreed to plow the portion of the frontage road that is within this city's limits. Councilmember McComber, seconded by Councilmember Doerr, moved to schedule a worksession towards the end of July. Carried 4 -0. Councilmember Abrahamson, seconded by Mayor Beaudet, moved that the meeting will be held without the precondition that City will assume responsibility of the road. Carried 4 -0. D. Washington County Gov. Center Expansion: Ted Shonneker, Washington County Traffic Engineer, provided a slideshow presentation on the proposed government center expansion project. • Mayor Beaudet, seconded by Councilmember Abrahamson, moved to direct staff to discuss with Washington County the issue of cost - sharing for the reconstruction of the street. Carried 4 -0. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to direct staff to provide thoughts on locating the storm sewer into the existing street right -of -way. Carried 4 -0. E. Autumn Hills Park Shelter: Mayor Beaudet stated that this will be addressed after the closed session. VII. New Business: A. Schedule Budget Workshops: Mayor Beaudet, seconded by Councilmember Abrahamson, moved to set the budget workshop for August 14, 2007, from 5:30 p.m. to 7:00 p.m. with the architect there from 5:30 to 6:30 p.m., and to set the budget worksession for August 28, 2007 from 5:30 p.m. until 7:00 p.m. An additional worksession could be held on September 5, 2007 if necessary. Carried 4 -0. Mayor Beaudet, seconded by Councilmember Abrahamson, moved that all budget requests be submitted to the Finance Director by August 1, 2007. Carried 4 -0. . B. New Officer Hire: Councilmember Doerr, seconded by Councilmember McComber, moved to authorize the Police Chief to make an offer of City Council Meeting Minutes June 19, 2007 Page 6 of 8 • employment to Brian Michael Zwach subject to completing a physical. Carried 4 -0. Mayor Beaudet, seconded by Councilmember McComber, moved to authorize the Police Chief to make an offer to Peter Mueller for part-time employment up to 15 hours per week at the determination of the Police Chief and the City Administrator subject to the candidate completing a physical. Carried 4 -0. C. City Brandina — Loaos and Lapels: Mayor Beaudet, seconded by Councilmember Doerr, moved to include the purchase of logos and lapels in budget discussions. Carried 4 -0. D. MET Council Population Estimates: City Administrator Johnson reported that MET Council's analysis of the City's population resulted in a .8% decrease of the population over last year's numbers. He requested authorization to provide correspondence to MET Council that the City disagrees with the current population estimates. He reported that if the population reaches 5,000 or more, the City will receive state road funding. City Administrator Johnson reported that he met with MET Council last week to discuss the issue and they appear willing to work with the City on reviewing the numbers. Councilmember Doerr questioned why the sewer • access charges have increased if the household size has allegedly decreased. City Administrator Johnson reported that staff is exploring that issue. Councilmember McComber, seconded by Councilmember Doerr, moved to authorize staff to correspond with MET Council to seek numbers that are agreeable. Carried 4 -0. Councilmember McComber, seconded by Councilmember Abrahamson, moved to authorize staff to correspond with the State Aid Engineer. Carried 4 -0. E. Emergency Water Reaulations: Councilmember McComber requested that staff have direction to place a watering ban on the City if needed. Councilmember Doerr stated that staff does not need direction from the City Council to enforce an ordinance. Mayor Beaudet stated that staff may use discretion on the issue. He reported that there is a Resolution on this issue. F. Allocation of Park Funding -2005 Carry -Over: City Administrator Johnson reported that the Park Commission discussed allocation of approximately $80,000 at their last meeting. He reported that it is their recommendation that approximately $15,000 to $20,000 be used for purchasing picnic tables, grills, and waste receptacles for Autumn Hills Park Shelter; approximately $15,000 to $20,000 be used for new playground equipment City Council Meeting Minutes June 19, 2007 Page 7 of 8 at Swager Park; and the remaining balance be used to install a concrete slab in Brekke Park. Councilmember Doerr, seconded by Councilmember McComber, moved to approve allocation of $15,000 to $20,000 for picnic tables, grills, and waste receptacles for the Autumn Hills Park Shelter and $15,000 to $20,000 for new playground equipment at Swager Park, and to direct staff to investigate further the allocation of funds for a concrete slab at Brekke Park. Carried 4 -0. G. 601 Ordinance —Does: Councilmember McComber reported that she has received several phone calls from residents regarding dogs barking, dogs running at large, and residents with many dogs and no kennel license. She requested suggestions from the City Council on how to deal with the issues. Councilmember Doerr suggested that residents call the police and make a formal complaint. VIII. Closed Session: Mayor Beaudet announced that at this point in the meeting, they would recess to a closed session. A. Labor Negotiations: City Attorney Vierling reported that direction was given to the City Administrator. No action is being taken at this time. B. Personnel Issues: City Attorney Vierling reported that the City Council provided the City Attorney's office with instruction on making a final demand on action pursuant to the termination contract that was entered into with a former employee. C. Meeting with Citv Attornev — Pending Litigation Oak Park Heights vs. DNR Construction and vs. Secure Mini - Storage: City Attorney Vierling reported that no formal action is being taken at this time. Mayor Beaudet, seconded by Councilmember Doerr, moved to authorize the City Administrator to pay up to $5,000.00 to the architect for services. Carried 4 -0. Remainder of 15% balance shall be paid upon completion of the project. IX. Adjournment: Councilmember McComber, seconded by Councilmember Doerr, moved to adjourn the meeting at 10:40 p.m. Carried 4 -0. City Council Meeting Minutes June 19, 2007 Page 8 of 8 Respectfully submitted, Peaudet" Content an orm, ,r i\ Z Jennifer T ho n Administrative Secretary /Deputy Clerk Mayor