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HomeMy WebLinkAbout11-14-06 Minutes CITY OF OAK PARK HEIGHTS • 6:30 P.M. TUESDAY, NOVEMBER 14, 2006 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Allegiance /Approval of Agenda: The meeting was called to order at 6:30 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McComber and Swenson. Staff present: Administrator Johnson, Police Chief Swanson, Finance Director Holst, City Attorney Vierling, City Engineer Postler, and City Planner Richards. Absent: Councilmember Doerr. Mayor Beaudet added "Order to Show Cause" under Public Hearings. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the Agenda as amended. Carried 4 — 0. The meeting was adjourned to closed session at 6:32 p.m. to discuss personnel issues. City Attorneys Vierling and Lammers, Mayor Beaudet, Councilmembers Abrahamson, McComber and Swenson, City Administrator Johnson and Finance Director Holst were present. The Council received a summary of issues and provided comments on the matter. No other action was taken during the closed session. The regular meeting reconvened at 7:10 p.m. • II. Department /Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the Planning Commission met on November 9 Two public hearings were held, one for a variance for Buffalo Wild Wings and the other for construction of a Goodwill store. The next meeting will be held on December 14 B. Parks Commission: Councilmember Abrahamson reported that the Parks Commission is working on a survey to get community input on Swager Park and noted that construction is continuing at a slow pace at the Autumn Hills Park Shelter. C. Cable Commission: Councilmember Swenson stated that there is nothing to report. D. Water Management Organizations /Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix did not have a quorum for a meeting in October. The next meeting will be held on December 14 at 7:00 p.m. at the Washington County Conservation District Office. E. Other Liaison/Staff Reports: Councilmember Swenson noted that Jonathan Nye was present in the audience and thanked Mr. Nye for City Council Meeting Minutes November 14, 2006 Page 2 of 5 • participating in the candidate forum held in the recent election and for conducting a positive campaign. City Administrator Johnson reported that the Autumn Hills Park Shelter is progressing slowly. III. Visitors /Public Comment: o Valerie Jones, Community Volunteer Service, described the organization's serviced, mission and goals and asked for the City's support. o Jonathan Nye, 5862 Oxboro Avenue North, thanked the residents who supported him in the past election. Mr. Nye stated that he was impressed with the support he received and congratulated Councilmembers Abrahamson and Swenson on their re- election. Recvclin2 Award. Administrative Secretary Johnson reported that Phillip & Jane Bidon of 5790 Newgate Avenue North were chosen to receive the recycling award. IV. Consent A eg nda: • A. Approval of Bills & Investments B. Approval of City Council Minutes — October 24, 2006 C. Approve Resolution Releasing a Real Property Covenant/Restriction D. Approve Updated Resolution 06 -08 -38 Changing the Name of Novak Ave. to Norwich Ave. E. Approve 4 th Payment Request to Burschville Construction, Inc. for Novak Ave. to Norwich Ave. F. Approve Change Order No. 1 for Miller Excavating, Inc. for Oakgreen Avenue Utility Improvement Project Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 4 — 0. V. Public Hearings. . Order to Show Cause Police Chief Swanson reviewed the circumstances of a liquor license violation that occurred in May of 2006 when a minor was observed purchasing alcohol at Liquor Time in Oak Park Heights. Liquor Time owner Robert Cartwright addressed the Council, explaining that the • same individual had purchased liquor for several months with identification stating he was 21 years old. Mr. Cartwright stated that he stopped asking for City Council Meeting Minutes November 14, 2006 Page 3 of 5 . identification once the individual became a regular customer. Mr. Cartwright also reported that the matter is pending in court. Chief Swanson stated that the minor did not have any identification when he was arrested for purchasing alcohol. Attorney Vierling noted that the City's civil fine is independent of the criminal matter. Mayor Beaudet, seconded by Councilmember McComber, moved to levy a $500 civil fine against Liquor Time for a first offense violation for selling alcohol to an underage person. Carried 4 — 0. VI. Old Business A. Accountant Position City Administrator Johnson reported that twenty two applications were received for the Accountant position. Of those twenty two, eight were invited to take a skills test and six accepted the invitation. The top three candidates were interviewed and the hiring committee came to a consensus to offer the position to Roxanne Mendoza. • Councilmember Swenson, seconded by Councilmember McComber, moved to offer the Accountant position to Roxanne Mendoza as recommended by the hiring committee. Carried 4 — 0. City Administrator Johnson noted that there is an outstanding issue concerning the process previously outlined by the City Council for terminating the current position Utility Billing clerk position and commencing the new Accountant position. Mayor Beaudet, seconded by Councilmember McComber, moved to authorize staff to determine the timing for ending the Utility Billing position and beginning the Accountant position. Carried 4 — 0. B. Adopt Comprehensive Plan Work Plan City Planner Richards reported that the Metropolitan Council requires that the Comprehensive Plan be revised every ten years. Planner Richards reviewed the proposed work plan for the City's Comprehensive Plan update, noting that work would begin in January and be completed in September or October of 2007. Mayor Beaudet suggested a kick off meeting be held including the City Council and the Planning Commission. Councilmember McComber, seconded by Councilmember Abrahamson, • moved to accept the Comprehensive Plan work plan. Carried 4 — 0. City Council Meeting Minutes November 14, 2006 Page 4 of 5 VII. New Business A. Phone Service Ouotes Finance Director Holst reviewed quotes received for reducing the City's cost for telephone service and recommended changing from Qwest to McLeod. Mayor Beaudet, seconded by Councilmember Swenson, moved to accept the Finance Director's recommendation for a change in telephone service providers. Carried 4 — 0. B. Onvx Waste Services Councilmember McComber stated that recycling is not always picked up by Onyx and trash cans are left in the street. Councilmember McComber, seconded by Councilmember Abrahamson, moved to direct the Administrator to send a letter to Mayo Rude at Onyx requesting an improvement in service. Carried 4 — 0. is C. Washington Countv RecvclinR Grant Councilmember McComber noted that a recent article in the Courier News stated that Oak Park Heights residents are meeting and exceeding goals for recycling. Councilmember McComber, seconded by Councilmember Abrahamson, moved to direct the City Administrator to send a letter to the Washington County Board after January 1 St requesting reinstatement of the recycling grant and mentioning the wheelage tax. Carried 4 — 0. D. Board of Appeals Hearing — Clear Channel ReQUest City Attorney Vierling stated that the attorney representing Clear Channel has advised that Clear Channel is withdrawing its claim. VIII. Closed Session Councilmember McComber, seconded by Councilmember Swenson, moved to adjourn to closed session to review litigation against the State of Minnesota Department of Transportation concerning the municipal consent process. Carried • 4 -0. City Council Meeting Minutes November 14, 2006 Page 5 of 5 • The meeting was reconvened after holding a closed session with the City Attorney. Mayor Beaudet, Councilmembers Abrahamson, McComber and Swenson and City Administrator Johnson were present. Attorney Vierling provided information on legal strategy during the closed session. No other action was taken. IX. Adiournment Councilmember Swenson, seconded by Councilmember McComber, moved to adjourn at 8:17 p.m. Carried 4 — 0. Respectfully submitted, AWeaudet ntent and Fo z � lie John on D Administrative S ecretary Mayor • •