HomeMy WebLinkAbout11-28-06 Minutes • CITY OF OAK PARK HEIGHTS
7:00 P.M. TUESDAY, NOVEMBER 28, 2006
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
Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator
Johnson, Police Chief Swanson, City Attorney Vierling, City Engineer Postler,
and City Planner Richards. Absent: None.
Councilmember Swenson, seconded by Mayor Beaudet, moved to approve the
Agenda as presented. Carried 5 — 0.
II. Department /Council Liaison Reports:
A. Planning Commission: City Planner Richards reported that the Planning
Commission held two public hearings at the November 91h meeting. The
next meeting is scheduled for December 14 with three public hearings on
the agenda.
• B. Parks Commission: Nothing to report.
C. Cable Commission: Councilmember Doerr reported on an action alert
issued by NATOA.
D. Water Management Organizations /Middle St. Croix: Mayor Beaudet
reported that the Middle St. Croix will meet on December 14 at 7:00 p.m.
at the Conservation District Office.
E. Other Liaison/Staff Reports: None.
III. Visitors/Public Comment:
Andrew Wallmeyer of the Stillwater Gazette introduced himself as a new reporter
covering Oak Park Heights and the surrounding area.
IV. Consent Agenda:
A. Approval of Bills & Investments
B. Approval of City Council Minutes — November 14, 2006
C. Approve Ordering Marked Police Patrol Vehicle
• D. Approve Resolution for Renewal of 2007 Liquor, Tobacco and Amusement
Licenses
City Council Meeting Minutes
November 28, 2006
Page 2 of 4
E. Approve Change Order No. 2 and 3 for Miller Excavating, Inc. for
Oakgreen Avenue Utility Improvement Project
F. Approve 2 nd Payment for Oakgreen Ave. Utility Improvements
Councilmember Doerr pulled item B for discussion. Councilmember McComber,
seconded by Councilmember Swenson, moved to approve the Consent Agenda
minus item B. Roll call vote taken; motion carried 5 — 0.
Mayor Beaudet, seconded by Councilmember Swenson, moved to approve the
December 4, 2006 meeting minutes. Carried 4 — 0 — 1, Councilmember Doerr
abstained.
V. Public Hearings:
None
VI. Old Business:
A. Autumn Hills Park Shelter
City Administrator Johnson noted that a Resolution was drafted and discussed at a
• worksession concerning the performance of the general contractor on the Autumn
Hills Park shelter project. Councilmember Abrahamson, seconded by
Councilmember McComber, moved to adopt the Resolution as presented. Roll
call vote taken. Carried 5 — 0.
VII. New Business.
A. Financial Assistance to Stillwater Student Council
Mayor Beaudet reported that the Stillwater High School Student Council pays
$600 for security for each high school dance. The City receives $200 per dance
for the employment of an Oak Park Heights officer for security at a dance.
Mayor Beaudet, seconded by Councilmember Swenson, moved to grant $200 to
the Student Council for security at the Homecoming dance. Mayor Beaudet
added that he would gather information on the number of upcoming school dances
and propose cost sharing with other communities for the security costs. Motion
failed, 2 — 3, Councilmembers Abrahamson, Doerr and Swenson were opposed.
Councilmember Swenson, seconded by Mayor Beaudet, moved to schedule a
worksession with the Student Council prior to the next City Council Meeting at
6:30 in the large conference room. Carried 5 — 0.
City Council Meeting Minutes
November 28, 2006
Page 3 of 4
B. Goodwill Industries — Conditional Use Permit /Site Review/
Pre & Final Plat
City Planner Richards reviewed the proposal for a Goodwill Industries
retail store with a drive through, noting that a CUP is required for the
drive through portion of the proposal. Planner Richards also reviewed the
status of the plat and changes that would be made to the plat if the
application is approved. Staff recommended resolving the land issues
prior to approving the application and plat.
Planner Richards also reviewed the landscaping plan, lighting plan and
recommendations from the Planning Commission. Solid waste removal
times and storm water ponds were discussed.
Todd Erickson of Folz, Freeman Erickson spoke on behalf of the
developer and explained that the plat has not been recorded due to a
problem with a parcel located within the plat not being annexed into Oak
Park Heights from Baytown when the original annexation was done in the
past. City Attorney Vierling discussed issues related to the plat not being
recorded and noted that the plat will have to come back for Council
approval before the development application can be approved.
• Mayor Beaudet, seconded by Councilmember McComber, moved to
postpone further consideration to the first Council meeting in December.
Carried 5 — 0.
C. Buffalo Wild Wings — Variance and Design Guidelines Deviation
City Planner Richards reported that the Planning Commission reviewed
the application at the December meeting for a variance to allow three wall
signs versus the two that would be allowed under the ordinance. Planner
Richards reviewed the allowed signage for that location and compared it
to the requested signage in color, size, design and awnings. Planner
Richards reviewed the Planning Commission recommendation for denial,
noting that the Commission didn't feel that a hardship exists due to the
overall visibility of the location from Highway 36.
Discussion was held concerning the existing signage in other shopping
centers. John Gelderman spoke on behalf of CSM, stating that Buffalo
Wild Wings is a significant tenant in this development. Mr. Gelderman
stated that CSM has been working with Buffalo Wild Wings for a year and
believes they are within the sign ordinance parameters in using the yellow
color depicted in the application. Mr. Gelderman stated that he did not
believe that the yellow background color should be considered part of the
• sign. City Planner Richards disagreed, stating that he has reviewed the
' City Council Meeting Minutes
November 28, 2006
Page 4 of 4
• issue with other city planners for their input. Lengthy discussion was held
concerning the interpretation of the sign ordinance as it applies to the
yellow color proposed for the wall color behind the signs.
Mayor Beaudet, seconded by Councilmember Swenson, moved to direct
staff to draft a Resolution stating that the City Council has determined that
the vivid building color is not part of the signage; that as presented the
east side and north side signs are in compliance; and that the west side
sign can not exceed 24 square feet and must be centered above the rear
delivery door.
Councilmember Abrahamson stated that he would not support the
Resolution as he did not feel it was consistent with the sign ordinance.
Roll call vote taken, motion carried 4 — 1, Councilmember Abrahamson
opposed.
D. Purchase Boom Mower — Kuboda
Mayor Beaudet, seconded by Councilmember Doerr, moved to approve
the staff recommendation for purchase of a boom mower. Carried 5 — 0.
City Administrator Johnson stated that he would follow up on the set up
and freight charges to be sure they are acceptable to the City.
VIII. Adiournment.
Councilmember Swenson, seconded by Councilmember Abrahamson, moved to
adjourn at 8:35 p.m. Carried 5 — 0.
Respectfully submitted, Approved as Content and F ,
Jude Johnson David eau et
Administrative Secretary Mayor