Loading...
HomeMy WebLinkAbout07-24-07 Minutes • CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, JULY 24, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledue of Alleziance /Approval 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: City Administrator Johnson, City Attorney Vierling, City Engineer Postler, and City Planner Richards. Absent: None. Mayor Beaudet added "No. 21, Chapter 7511 Minnesota State Fire Code" to Consent Agenda Item N. Mayor Beaudet moved Consent Agenda Item M to New Business as Item C. Mayor Beaudet removed the Closed Session from the Agenda. Councilmember Swenson, seconded by Councilmember McComber, 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 of the Planning Commission was on July 12, 2007. At that meeting they had one public hearing which was on the Agenda as New Business Item A. He reported that there was another public hearing that was to be held at the last Planning Commission regarding Bremer Bank, but that they had received a request to postpone it until the next Planning Commission meeting. He reported that the next scheduled Planning Commission meeting is August 9, 2007. B. Parks Commission: Councilmember McComber reported that the Parks Commission's next meeting is August 6, 2007. Councilmember Abrahamson stated that he received a call about trees being cut down at Swager Park. Councilmember McComber reported that it was all the Sumacs that had been growing by the tennis courts. She stated that there was a lot of trash dumped in the Sumac. C. Cable Commission: Councilmember Doerr reported that last Wednesday's meeting of the Cable Commission was cancelled due to personnel issues. He stated that the personnel committee has met, so the next Cable Commission meeting will be Wednesday, July 25, 2007, at the Cable Access Center. D. Water Management Orizanizations /Middle St. Croix: Mayor Beaudet • reported that the Middle St. Croix WMO's next meeting is Thursday, August 9, 2007, at 7:00 p.m. City Council Meeting Minutes July 24, 2007 Page 2 of 9 • Councilmember McComber questioned whether their will be Citizens Advisory Committee in Oak Park Heights. Mayor Beaudet reported that the City does have a Citizens Advisory Committee, and City Engineer Poster was appointed to that committee. He reported that in a redevelopment situation, the homeowner would have to address the water issues and would have to deal with where the water goes. He stated that in conversations with the City's Building Official, there would only be about twenty of those permits per year, and he did not feel that making sure the WMO's rules were complied with would be a hardship to the City. Councilmember McComber questioned whether the homeowner would then need to obtain a permit from the WMO as well as the City. Mayor Beaudet responded that the WMO is not a permitting body. He stated that all review provisions would be done through the City. E. Lower St. Croix River Advisory Committee: Mayor Beaudet reported that the Minnesota DNR will be providing minutes for the next year so this item does not need to be placed on the agenda from this point forward. F. Other Liaison/Staff Reports: • Party in the Park: Administrative Secretary Thoen reminded residents that the Party in the Park is in Brekke Park on National Night Out • which is August 7, 2007. She provided a report on the status of the planned events to the councilmembers. III. Visitors/Public Comment: A. Recvclina Award: Administrative Secretary Thoen reported that Mike and Heather Lacy of 5593 O'Brien Ave N. were selected as the recycling award winner. B. Resolution Honorine the Life and Achievements of Robert Joseph Utecht: Mayor Beaudet, seconded by Councilmember Doerr, moved to approve the Resolution. Roll call vote taken. Carried 5 -0. Jenny Rivera, Bob Utecht's youngest daughter, came forward and thanked the City Council for honoring her father in this way. Mayor Beaudet provided Jenny Rivera with a Resolution plaque and read the Resolution. IV. Consent Agenda: • A. Approve Bills & Investments City Council Meeting Minutes July 24, 2007 Page 3 of 9 • B. Approve City Council Minutes — June 19, 2007 C. Approve City Council Minutes — July 10, 2007 D. Approve Transfer of Funds from the G.O. Refunding Bonds of 2002 to the Capital Revolving Fund to Close Account E. Budget Amendment to Sanitation Transfer from General Fund to Sanitation Utility Fund F. Adopt a Resolution Authorizing Receipt of a Donation from Phil's Tara Hideaway and Directing the Funds be Utilized for the Party in the Park G. Adopt a Resolution Authorizing Receipt of Two Mugs from Menard, Inc. and Directing the Items be Raffled Off at the Party in the Park H. Adopt a Resolution Authorizing Receipt of Two Vouchers for Services from Dr. Scott Edlin of Inspired Chiropractic and Directing the Vouchers be Raffled Off at the Party in the Park 1. Adopt a Resolution Authorizing Receipt of Two Gift Certificates from Carbone's Pizzeria and Directing the Gift Certificates be Raffled Off at the Party in the Park J. Adopt a Resolution Authorizing Receipt of a Men's Wind Shirt and a Women's Polo Shirt from Bonestroo and Directing the Items be Raffled Off at the Party in the Park K. Adopt a Resolution Authorizing Receipt of Two Clocks from Valley Trophy and Directing the Items be Raffled Off at the Party in the Park • L. Adopt a Resolution Authorizing Receipt of Ten Gift Certificates from Pizza Man and Directing the Gift Certificates be Raffled Off at the Party in the Park N. Adopt Revised Ordinance 301 Relating to State Building Code Revisions and No. 21, Chapter 7511 Minnesota State Fire Safety Code Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 5 -0. V. Public Hearines: None VI. Old Business: A. Considering of a Resolution of Support for the Establishment of No Wake, Zone — Sunnyside Marina Area: Mayor Beaudet reported that prior to this meeting, the City Council participated in a worksession with the WI DNR, MN DNR, St. Croix County Sheriff's Department, US Coast Guard, Washington County Sheriff's Department, Washington County Commissioner, and Sunnyside Marina. Mayor Beaudet, seconded by Councilmember Doerr for discussion, moved to approve the Resolution. • Mayor Beaudet, Council Doerr, moved to amend the Resolution that the no wake zone begin at the Kinnikinnic River and continue on to the north City Council Meeting Minutes July 24, 2007 Page 4 of 9 • city limits of Stillwater. Roll call vote taken. Failed 2 -3, Abrahamson, McComber, and Swenson opposed. Councilmember Abrahamson reported that it is his concern that this recommendation will not make it past the agencies. He stated that they made it clear that if the decision to make the area a no wake zone was not unanimous with the two DNRs and the two Sheriff's Departments, it simply would not move forward. Councilmember Swenson stated that he agreed with Councilmember Abrahamson's comments. Councilmember Abrahamson stated that he felt there was a solution to the problem, to create a boom, but that the DNR will not allow it. Councilmember McComber stated that there needs to be more education in boater safety. Councilmember Doerr stated that he does not approve of the spot no wake zones because it causes confusion. Councilmember Swenson stated that if it takes more than an hour and a half to two hours to get from Bayport to north of Stillwater, it takes away from the enjoyment of the river. Ken Wolf, representing Wolf Marina and Midwest Boat Association, came forward. He stated that they object to a no wake zone on the river. He stated that he is confused why the City Council of the City of Oak Park Heights is involved in this issue. Councilmember Abrahamson informed • him that residents and a business owner in this City came to the Council and asked for a recommendation. Councilmember Doerr questioned whether Wolf Marina has a gas dock at their marina. Wolf responded that they do have a gas dock but that their situation is different because they are on a backwater. He stated that they do have a slow -no wake zone in front of their gas dock. Wolf stated that Sunnyside Marina's solution is to have a boom. He stated that it does not have to be a permanent boom. Councilmember Abrahamson stated that it was explained in the worksession that they had asked for that but it was not approved. Councilmember Abrahamson questioned how many marinas there are between Stillwater and Prescott. Wolf responded that there are approximately seven or nine. Councilmember Abrahamson questioned how often the marinas get together to discuss boater safety education. Wolf responded that they have an association called the Midwest Boat Association and they get together about three to four times per year. Councilmember Doerr questioned whether they provide handouts at launches. Wolf responded that they provide handouts at the marina to their members and anyone who walks through the door. • Mayor Beaudet reported that the City can make a recommendation to the DNRs. The DNRs would review the recommendation and chose to City Council Meeting Minutes July 24, 2007 Page 5 of 9 • continue the process and bring it to the County. He stated that he can be an advocate for this. He stated that ultimately there will be speed limits on the river. B. Reschedule of September 1 I 2007, and November 6 2007 City_ Council Meetings: Councilmember McComber, seconded by Councilmember Swenson, moved to reschedule the meetings to the Wednesday after the elections, September 12 and November 7th respectively. Carried 5 -0. C. Chief of Police — Hirina Status — Possible Action: City Administrator Johnson reported that the Chief of Police will retire summer 2008. The City Council initiated the hiring process to find his successor. The City Council determined that it was their preference to promote a current City of Oak Park Heights Police Officer. He reported that the City Council appointed a hiring committee to administer the process and to ultimately make a recommendation. He stated that the committee was comprised of Mayor Beaudet, Councilmember McComber, City Attorney Vierling, himself, and former Stillwater Chief of Police Larry Dauffenbach. He reported that in March 2007, the City posted the Chief of Police position internally to all of the City's officers. The City received four applications. • He stated that they were required to take a written test in April, have a leadership psychological review in June, and a personal interview on July 18. He reported that on July 23, the review committee and the City Council held a worksession where the strengths and weaknesses of the candidates were reviewed. He stated that it is the recommendation of the hiring committee that Investigator Brian DeRosier be appointed to the Chief of Police position. Councilmember Doerr, seconded by Councilmember McComber, moved to appoint Investigator Brian DeRosier as Chief of Police. Carried 5 -0. City Administrator Johnson stated that the nominee would be taking a role of Deputy Chief of Police and then taking the role of Chief of Police on the last effective day of Chief Swanson. He requested that the Council create the position and comment on which date the nominee would assume the role. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to create the Deputy Chief of Police position with the pay rate that was established by staff with a start date of August 1, 2007. Carried 5 -0. City Administrator Johnson reported that the Deputy Chief of Police • position would be an interim position until the Chief of Police retires and the nominee assumes the position of Chief of Police. City Council Meeting Minutes July 24, 2007 Page 6 of 9 • D. Autumn Hills Park Shelter: City Attorney Vierling states that this is a no action item. VII. New Business. A. Jerden LLC — Request for Comprehensive Plan Amendment, Conditional Use Permit, Sian Variance, Subdivision Renlattinp-, Vacation of Existing Utility and Drainaae Easements and Site Plan/Desian Guideline Review — To Allow the Development of Automobile Dealership Corner of 58 Street and Memorial Ave.: City Planner Richards stated that the dealership will be called Denny Hecker's Cadillac- Pontiac -GMC. He provided a presentation of the plan. He stated that they are looking to develop the parcels adjacent to the property, but they will come through for approval at a future date. He stated that they will vacate the existing facility and are looking into redevelopment options of that facility. He stated that they are requesting that the area be re -zoned as a B -2 District. City Planner Richards stated that the engineers looked at the plan and suggested the access off of Morning Dove Avenue be moved which the dealership has done in their revised plan. . City Planner Richards reported that the Planning Commission stated they would like to see the trail extended on 58 Street all the way to Memorial Avenue North. Mayor Beaudet suggested that trail be on the east side of the building and should continue south to Lake Elmo. City Engineer Postler reported that the traffic engineers are recommending that the access on 58 Street be removed. City Planner Richards stated that they are asking for more 630 square feet of signage and the total allowable is 300 square feet. He stated the Planning Commission approved their signage plan as appropriate. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to approve the Resolution. Mayor Beaudet, seconded by Councilmember Swenson, moved that staff should draft amendment to number two that once the new facility is open, the other facility can close. Carried 5 -0. City Planner Richards recommended that the 58 Street access be removed based on the traffic engineers' recommendation. • City Council Meeting Minutes July 24, 2007 Page 7 of 9 Mayor Beaudet, seconded by Councilmember Abrahamson, moved that number 29 of the Resolution should be that there will be no access on 58 Street. Carried 5 -0. Darwin Lindahl, the architect for the project came forward. He would like language inserted that they could work with the City to come up with an acceptable alternative to removing the 58 Street access and repositioning the Morning Dove Avenue access. City Administrator Johnson stated that updated plans were not submitted timely. Mayor Beaudet stated that this item could be postponed until the next meeting. City Planner Richards reported that the 120 review period does not expire until October so that will not be an issue if this item is postponed. Eric Dove with the Denny Hecker organization came forward. He stated that they would like to move forward as quickly as possible because they do have possible prospects for the other facility. They do not want to sign a development agreement on the other facility until this plan is approved by City Council. • Councilmember McComber stated she would like this matter postponed until the next council meeting. Mayor Beaudet stated that all items, including the Conditional Use Permit, the street plan, the trail plan, and variance documents could be prepared by staff prior to August 28, which is the next scheduled meeting date of the City Council. City Engineer Postler stated that he recommends that the 58 Street be altered or improved to add a turn lane because the area is potentially going to be commercial rather than business warehouses so there will be increased traffic. Mayor Beaudet discussed the differences of a B -2 Zoning District and a B -3 Zoning District. He stated that they had the area zoned as it is because they did not want restaurants in the area or other businesses that generate a large volume of traffic. Mayor Beaudet, seconded by Councilmember Abrahamson, moved that there will not be an access on 58 Street. Carried 5 -0. Mayor Beaudet stated that he would like staff to review the concept plan as to the trails and access on Memorial. He suggested that all fees for water and sewer be collected at this time because the area is now over half • developed. City Attorney Vierling stated that a possible downside to collecting now is that the fees increase each year due to inflation. Mayor ' City Council Meeting Minutes July 24, 2007 Page 8 of 9 Beaudet asked that staff come back the council with a recommendation on whether the development related fees should be paid now. Mayor Beaudet questioned whether there are stubouts at the lot. City Engineer Postler reported that he believes there are water and sewer hookups at the dealership site but not the other lots in the area. He stated that Morning Dove Avenue currently has a bend in it. The dealership is proposing to straighten that out so the water and sewer would have to be realigned. Councilmember Doerr commented on the name of the business. He stated that he noticed that Stillwater is in the title, not Oak Park Heights. He stated he would like to see them admit they are located in Oak Park Heights. Mayor Beaudet stated that the vacation issue will go forward for public hearing at the next meeting. Mayor Beaudet, seconded by Councilmember McComber, moved to postpone the Resolution to the next meeting. Carried 5 -0. B. Approve the 2008 -2010 Teamsters Supervisor's Unit Contract and the 2008 -2010 Teamsters Police Department Contract: City Administrator Johnson reported that the contract calls for a three percent increase in wages per year. He stated there were adjustments to the contracts to increase the clothing allowances. He reported that an additional change in the Police Department Contract was that one hour of comp time per shift is given to any officer acting as a Field Training Officer. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the contracts subject to staff and legal approval. Carried 5 -0. C. Authorize Staff to Correspond with Lesaislature Reaardina Annexation Between Bavtown and Oak Park Heights: Mayor Beaudet, seconded by Councilmember Doerr, moved to allow staff to prepare documentation to the legislative commission to suggest that there may be positives to allowing contested annexation between two cities. Carried 4 -1, McComber opposed. VIII. Adiournment. Councilmember Swenson, seconded by Councilmember McComber, moved to adjourn the meeting at 8:38 p.m. Carried 5 -0. City Council Meeting Minutes July 24, 2007 Page 9 of 9 Respectfull submitted, Appr ed a o ent and Form j Jennifer T n eau Administrative Secretary /Deputy Clerk Mayor