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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