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HomeMy WebLinkAbout10-23-07 Minutes 4 CITY OF OAK PARK HEIGHTS • 7:00 P.M. TUESDAY, OCTOBER 23, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledee of Allegiance /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: Administrator Johnson, City Attorney Vierling, City Engineer Postler, City Planner Richards, and Finance Director Holst. Absent: None. Mayor Beaudet moved the Public Hearing to after the Consent Agenda. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Consent Agenda. Carried 5 -0. II. Department /Council Liaison Reports: A. Planninp- Commission: City Planner Richards reported that the last meeting of the Planning Commission was on October 11, 2007. He stated that at that meeting the Planning Commission discussed the B -3 zoning district amendment. He stated the Comprehensive Planning Committee also met on that date. He reported that the Comprehensive Plan is almost completed. Richards reported that the next meeting of the Planning Commission is November 8, 2007. He stated that there is one Public Hearing on the Agenda regarding the Brackey /Best Buy development. B. Parks Commission: Councilmember McComber reported that the Parks Commission met on October 15, 2007. She stated that prior to the meeting they had the Fall Walkthrough and the Autumn Hills Park Shelter Ribbon Cutting Event. McComber reported that the next meeting of the Parks Commission is on November 19, 2007 at 6:30 p.m. C. Cable Commission: Councilmember Doerr reported that there have not been any recent Cable Commission meetings. He stated that he has attended two cable task force meetings. D. Water Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix WMOs next meeting is set for November 8, 2007 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison/Staff Reports: Councilmember McComber reported that she attended the Washington County Groundbreaking Ceremony. She stated that the City now has a gold shovel from that ceremony. She also reported that she received the new policies for the League of Minnesota Cities. She reported that comments on the policies are due by November 19 th . • City Council Meeting Minutes October 23, 2007 Page 2 of 7 • Administrative Secretary Thoen reported that there were 340 loads at the Fall Clean -up and that the loads were much smaller in volume than at the Spring Clean -up. Mayor Beaudet thanked Administrative Secretary Thoen and Public Works Operator Kegley for their work at the Fall Clean-up. III. Visitors/Public Comment: Recvcline Award: Administrative Secretary Thoen reported that Quentin Nordeen of 5565 Oakgreen Avenue North was chosen as the recycling award winner. IV. Consent Agenda: A. Approval of Bills & Investments B. Approval of City Council Minutes — October 9, 2007 C. Payment Request #1 to LeadCon, Inc. for Rehab of 250,000 Gallon Elevated Tank D. Approve Kennel Permit Application made by Susan Roettger E. Approval of $225,000 Interfund Loan from the Capital Revolving Fund to the Water Rehabilitation Fund F. Appoint Mary McComber as Voting Delegate to National League of Cities Annual Business Meeting Councilmember Swenson, seconded by Councilmember Doerr, moved to approve the • Consent Agenda. Roll call vote taken. Carried 5 -0. V. Public Hearines: Mayor Beaudet opened the public hearing and stated that there will be presentations by the architect, financial advisor, and the bond counsel. Randy Engel from Buetow and Associates reviewed the space needs and options that were reached as part of the study completed in early 2007. He provided a presentation including drawings of four options for a rehabilitated or new facility. He noted that cost estimates ranged from 1.5 million for a rehabilitated facility to 6.5 million for a new facility on the same campus as the existing facility. Steve Mattson from Northland Securities informed the public that Minnesota Statute requires that Capital Improvement General Bonds be issued for this type of project. He informed the public that if the City issued bonds in the amount of $7,500,000, the increase for a property owner having a property value of $200,000 would be approximately $139.00 per year, and that figure would be less if bonds were issued in a lesser amount. He reported that the City of Oak Park Heights is in a great financial position which will allow for the City to obtain a lower interest rate. Councilmember Swenson stated he would like to continue the public hearing to allow the public time to read about this issue in the newspaper. Councilmember Doerr stated that a r City Council Meeting Minutes October 23, 2007 Page 3 of 7 i resident informed him that his only concern is that the parking lot access be east in/east out and west in/west out. Councilmember Doerr also stated that continuing the public hearing will allow residents to find out the results of the school district referendums. Councilmember McComber, seconded by Councilmember Swenson, moved to continue the Public Hearing to the next council meeting. Carried 5 -0. City Administrator Johnson stated that he spoke with a representative from Andersen Corporation regarding the possibility of leasing or purchasing space from them at the former St. Croix Mall site. He stated that Andersen Corporation felt it was an interesting idea and that they will discuss it. He stated that Andersen Corporation is not opposed to having the City send an architect to view the space. Councilmember Abrahamson requested that the walkthrough take place prior to the next council meeting. Councilmember McComber requested that the walkthrough be posted in the event that councilmembers want to attend. Councilmember Doerr stated that a drawback to occupying that space is that the public works department and police department may be located in a separate location than the rest of city staff. Councilmember Abrahamson stated there are other areas within in the City that may work so he encouraged staff and the council to keep that in mind. Mayor Beaudet stated that on an annual basis it may look like the City would be saving money to lease a space rather than to build a new facility, but over a 50 year span it would end up costing more money to lease. City Administrator Johnson stated that if the council desired, staff would send out postcards to residents inviting them to the public hearing. Councilmember McComber stated that would be a good idea. Mayor Beaudet stated the cards would need to be mailed that week in order for them to reach the residents in a timely manner. i VI. Old Business: A. City Hall Facility: No action taken. B. STH 36 Frontage Roads: City Engineer Postler reported that the estimated cost of maintenance of the Highway 36 Frontage Roads would be $36,000 which does not include possible liability issues. Councilmember Swenson stated he was concerned with trucks parking on the ditches along the frontage roads. Councilmember Swenson, seconded by Councilmember Doerr, moved to direct staff to make a request with MnDOT in the form of a Resolution that `No Parking' signs be installed on the north side of the south frontage road. Roll call vote taken. Carried 5 -0. Councilmember Swenson, seconded by Mayor Beaudet, moved that the City will pay for the no parking signs. Carried 5 -0. • I City Council Meeting Minutes October 23, 2007 Page 4 of 7 Mayor Beaudet, seconded by Councilmember Doerr, moved to continue this item and request that staff write a letter to MnDOT requesting that MnDOT provide the City with a written statement that they have money in their budget next year for the frontage roads. Carried 5 -0. C. STH 36 / St. Croix River Crossiniz — Municipal Consent Lawsuit: City Attorney Vierling reported that on October 18, 2007, the District Court in Washington County issued a Summary Judgment in favor of the City of Oak Park Heights in the municipal consent lawsuit against MnDOT. D. B -3 Hijahwav Business and Warehousinia District — Proposed Amendments: City Planner Richards reported that the Planning Commission reviewed the proposed amendments to the B -3 Zoning District and that their recommendation was included in the packet for the City Council. He stated that this originated from the Denny Hecker Group's request to rezone their site to B -2. He stated that the City Council expressed they were not comfortable with that but would consider an amendment to the B -3 Zoning District Ordinance. Mike Runk, a member of the Planning Commission, came forward and stated that it was the intent of the Planning Commission that the ordinance be worded such that existing buildings and businesses would not be considered non - conforming. City Planner Richards stated that they could word the ordinance to say that it • affects only new businesses coming in after the date of adoption of the amendment. Councilmember Doerr stated he wasn't sure why the Council would be in favor of sit -down restaurants and not drive through type restaurants. He stated he wasn't sure what the difference would be and what the complaint is against fast food. Mayor Beaudet responded that there would be a traffic impact related to allowing fast food restaurants in the area. Councilmember Abrahamson stated that he was concerned about foot traffic across Highway 5 if there were convenience food establishments in that area. Mayor Beaudet was opposed to having restaurants in the area because most businesses in that area are closed on weekends and evenings. He stated that there is very little traffic in the area and very few police concerns. He stated that if restaurants are allowed in that area, the streets would then need to be urbanized and he was concerned about the cost to add curb and gutter and storm sewer in that area. Councilmember McComber stated she would like to see more restaurants in Oak Park Heights and does not see why drive through restaurants could not be allowed. She stated that the vision for that area has changed and this amendment request provides the City Council the opportunity to carry out the vision. Mike Runk came forward and stated that the Comprehensive Planning Committee has considered urbanizing that area as part of the Comprehensive Plan. City Attorney Vierling stated that if the B -3 zoning district is amended to City Council Meeting Minutes October 23, 2007 Page 5 of 7 . allow all restaurants, including those with a drive through, the City Council would essentially be amending the zoning district to B -2 because there would not be any distinguishing features of consequence between the two zoning districts. Councilmember Swenson asked City Engineer Postler if he could prepare a cost and assessment estimate for urbanizing the area. Mayor Beaudet questioned whether the council would like to postpone this issue to allow for the City Engineer to obtain those figures. Eric Dove from Denny Hecker Automotive Group came forward and stated they would like to have fast food restaurants as a permitted use in that area. He stated that the Planning Commission has worked towards the applicant's request for the area with the exception of not allowing fast food, and they would like the City Council to adopt the Planning Commission's recommendation for the B -3 zoning amendments. He requested that the City Council act on the request rather than postpone the issue. Councilmember Abrahamson, seconded by Mayor Beaudet, moved to approve the B -3 amendment proposal. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to amend that existing landowners are allowed to make changes to their buildings in the future and that they will not be classified as non - conforming. Carried 5 -0. Councilmember Abrahamson, seconded by Mayor Beaudet, moved to clarify issue of take -out based on a reasonable percentage of sales. Carried 5 -0. Primary motion Carried 4 -1, McComber opposed. Councilmember Swenson, seconded by Councilmember Abrahamson, moved to deny B -2 rezoning request made by Denny Hecker group. Carried 5 -0. E. Ordinance 1101.08: City Administrator Johnson reported that staff noticed an omission of certain language in Ordinance 1101.08. He requested that the City Council amend the language to the proposed language in that evening's council packet with one clarification that the maximum fine is now $1,000.00. Councilmember Swenson, seconded by Councilmember McComber, moved to approve the amendment. Roll call vote taken. Carried 5 -0. F. Ordinance 1103.02.B: Councilmember Swenson, seconded by Councilmember McComber, moved to approve the amendment of the definition of firearm in Ordinance 1103.02.B as proposed in that evening's council packet. Roll call vote taken. Carried 5 -0. I� City Council Meeting Minutes October 23, 2007 Page 6 of 7 G. Ordinance 601 — Pet Leash Law: Councilmember McComber reported that the Parks Commission recommended that Ordinance 601 remain unchanged. She stated that she disagrees with the Commission. McComber suggested that the definition of "at large" in Ordinance 601 be amended to remove the language, "or by voice." She further suggested that the City Council give direction to the Parks Commission to come up with a recommendation on areas that could be designated as dog parks. Mayor Beaudet, seconded by Councilmember Doerr, moved to accept the Parks Commission recommendation. Carried 4 -1, McComber opposed. VII. New Business: A. Schedule Budget Worksession: Mayor Beaudet, seconded by Councilmember Doerr, moved to set a budget worksession for Wednesday, November 7, 2007 at 5:30 p.m. Carried 5 -0. B. Schedule Worksession w/ Parks Commission to Discuss 5502 Osgood Ave. Property: Councilmember Swenson, seconded by Councilmember McComber, moved to set a joint worksession for November 27, 2007 with a property walkthrough at 5:30 p.m. and a meeting at 6:00 p.m. Carried 5 -0. Councilmember Abrahamson suggested the City Administrator obtain ideas from the Parks Commissioners and the City Councilmembers ahead of time to help facilitate discussion. C. Rental Housing Registration and Inspections: Mayor Beaudet turned this item over to Councilmember Doerr because of a possible conflict of interest. Councilmember McComber stated that other cities in Minnesota have implemented a Rental Housing Registration and Inspections program. Councilmember McComber, seconded by Councilmember Doerr, moved to direct staff to look into the program further and to provide a recommendation. Carried 4 -0, Mayor Beaudet was not present and did not vote. VIII. Closed Session: City Attorney Vierling stated that at this point in the meeting the City Council would adjourn to a closed session regarding matters of pending litigation. City Attorney Vierling stated that during the closed session, the City Council discussed issues regarding City of Oak Park Heights vs. Secure Mini - Storage and City of Oak Park Heights vs. MnDOT. He stated that issues of strategy were discussed and that no action was taken during the closed session. IL City Council Meeting Minutes October 23, 2007 Page 7 of 7 IX. Adiournment: Councilmember Swenson, seconded by Councilmember McComber, moved to adjourn at 9:36 p.m. Carried 5 -0. Respectfully s itted, App v d as to tent and m, Jennifer Thoen David Beaudet Administrative Secretary/Deputy Clerk Mayor r