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HomeMy WebLinkAbout02-23-10 Minutes CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, FEBRUARY 23, 2010 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, McComber, Runk, and Swenson. Staff present: Arborist Widin, Public Works Director Kegley, City Attorney Vierling, City Engineer Long, and City Planner Richards. Absent: City Administrator Johnson. Councilmember Swenson, seconded by Councilmember McComber moved to approve the Agenda as presented. Carried 5 -0. II. Department /Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the last Planning Commission meeting was February 11 and the Planning Commission had recommended approval of the design guidelines update and zoning ordinance change. He stated the next meeting was scheduled for March 11 with a discussion on the fly -ash site closure. B. Parks Commission: Councilmember McComber reported that the last Parks Commission meeting was February 22 and the Parks Commission discussed the summer park programming and the fly -ash site. She stated the next Parks Commission meeting was set for March 15 at 6:30 p.m. at City Hall. C. Cable Commission: Councilmember Swenson reported that letters were included in the packet under the consent agenda for approval to send regarding the FCC action. He also reported that there have been complaints that some of the conversion boxes were old and used. He stated that if anyone has a complaint, they may contact the access center or Comcast. D. Water Management Organizations /Middle St. Croix: Mayor Beaudet reported that the next meeting of the Middle St. Croix Water Management Organization was set for March 11 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison/Staff Reports: Councilmember McComber reported that the first meeting of the St. Croix River Crossing Water Quality Management committee was set for Wednesday of that week. She also reported that there was a meeting set for March 2 from 6:30 p.m. to 8:30 p.m. at the Stillwater Junior High for the Coast Guard to discuss navigation aids on the St. Croix. McComber also reported she attended a Public Health and Emergency Preparedness meeting with Washington County and reminded City Council Meeting Minutes February 23, 2010 Page 2 of 5 residents that flu season peaks in February and it was not too late to get the H 1 N 1 vaccine. III. Visitors/Public Comment: A. Mayor Beaudet presented Sergeant Mike Hausken with his 25 -year employee recognition award. B. Administrative Secretary Pinski reported that Cathy Schewe of 5687 Perkins Avenue North and Marcia Nelson of 14799 Upper 56 Street North were chosen as the recycling award winners for the month of February. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — January 26, 2010 C. Adopt Proclamation Designating April 30 as Arbor Day and May as Arbor Month D. Authorize Mayor to Sign and Mail Correspondence Regarding FCC Action E. Jorgenson Construction, Inc. 8 th Payment for New City Hall F. Approve 2010 Contract for Furnishing Fire Protection Councilmember McComber seconded by Councilmember Runk, moved to approve the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public Hearings: None VI. Old Business: A. City Hall Facility: Mayor Beaudet reported that the City Council held a worksession prior to that meeting to discuss change orders. A list of price requests was provided to the council. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to accept items 5, 32, 33, 34, 35, 38, 40, 41, 42, and 43 from the price request list. Carried 5 -0. B. City Design Guideline Ordinance Update: City Planner Richards reported that the Planning Commission recommended approval of the design guidelines update and ordinance change. City Council Meeting Minutes February 23, 2010 Page 3 of 5 Mayor Beaudet questioned why the design guidelines only applied to new construction and not remodels. City Planner Richards reported that it was the recommendation of the Planning Commission, and he could ask them to look at it again. Councilmember Abrahamson reported that he was comfortable with that recommendation but could see how it may be an issue. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to approve the zoning ordinance change. Roll call vote taken. Carried 5 -0. Councilmember McComber, seconded by Councilmember Runk, moved to approve the design guidelines ordinance. Roll call vote taken. Carried 5 -0. C. Emerald Ash Borer Tree Removal and Replacement Plan: Arborist Widin reported that it was anticipated that Emerald Ash Borer would be found in this area. She stated it was confirmed in St. Paul in May 2009. Widin reported that many communities were preparing. She stated she prepared an Emerald Ash Borer Management Plan for the City of Oak Park Heights which called for structured removal and replacement. She stated she applied for grant funds from the Department of Agriculture and received funds to remove and replace 60 trees. She stated the plan for the City was to remove 100 trees. She questioned the council on whether the City wanted to remove the additional 40 trees at the same time that the other 60 trees were being removed. She stated the City had budgeted an adequate amount of funds in 2010 for tree removal. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to remove and replace 100 ash trees using funds from the grant and City funds. Carried 5 -0. Arborist Widin reported that an informational meeting had been scheduled for February 25 from 7:00 p.m. to 8:00 p.m. at City Hall and a second informational meeting was set for April 20 from 7:00 p.m. to 8:00 p.m. at Boutwells Landing. Mayor Beaudet requested Arborist Widin provide for the next budget a recommendation on whether Ash should be added to the Oak Wilt and Dutch Elm disease policy on whether the City would remove on private property. D. Follow -up Communication to Pine Grove Gardens: A letter was included in the packet for that evening's meeting. City Attorney Vierling recommended approval. Councilmember Swenson, seconded by City Council Meeting Minutes February 23, 2010 Page 4 of 5 Councilmember McComber, moved approval of the letter to send to the residents. Carried 5 -0. E. DNR Structural Load Testing Permit: Councilmember McComber stated the council was provided with a letter from MnDOT to the Mayor requesting a response by February 24 with regard to the request for hearing so she thought the council should respond. Mayor Beaudet reported that the response was the Mayor's responsibility under the statute and not the council's. Councilmember Runk stated that it did not mean the council could not respond that it was not the position of the council. Runk stated that the letter was addressed to the council. City Attorney Vierling reported that it was inappropriately addressed to the council under the statute, and that the responsibility for response rests with the Mayor. He stated he did not feel the council should confuse the issue by issuing a contrary opinion. Councilmember Runk stated that he wanted it clear that the council did not authorize expenditures by the City regarding the hearing. In addition, Runk suggested that the council send a letter to the DNR and state representatives requesting they look at the rule on authority. Councilmember Runk, seconded by Councilmember McComber, moved that no City money be expended on this process. Councilmember Abrahamson stated he has already asked questions of the City Attorney on the issue. Councilmember Swenson suggested the matter be discussed at the upcoming council workshop. Councilmember Runk withdrew his motion. VII. New Business: A. SCADA Flow Meter Chaniae Order: Pubic Works Director Kegley reported that a meter head part was incompatible with other meter parts. He stated that the change order would add $5,219 and six weeks to the project. Mayor Beaudet stated for the benefit of residents that the SCADA system is what controls water pressure in their homes. Kegley recommended that the council approve the change order up to $5,600 with money coming from the budgeted projects — unallocated fund. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to approve the Public Works Director's recommendation. Carried 5 -0. B. Green Twie LLC — Reauest for Financial Assistance — Tax Exempt Revenue Bonds: Jenny Boulton of Kennedy and Graven, the City's bond counsel, was present at the meeting and reported that a Resolution was presented to the council for preliminary approval to proceed. City Council Meeting Minutes February 23, 2010 Page 5 of 5 Mayor Beaudet, seconded by Councilmember Runk, moved to approve the Resolution that was included in the packet. Roll call vote taken. Carried 5 -0. C. Stillwater Area Public Schools — Readiness & EmerQencv Management — Schools Grant: Dennis Blom, the Director of Operations for Stillwater Schools, came forward and stated that he was currently writing a grant from the United States Department of Education for emergency preparedness and needed to obtain cooperation letters from the City and the Police Department. He stated the Oak Park Heights Police Chief had already signed the partner agreement and requested that the Mayor sign a partner agreement. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Mayor to sign the partner agreement. Carried 5 -0. VIII. Adiournment: Councilmember McComber, seconded by Councilmember Abrahamson, moved to adjourn at 7:51 p.m. Carried 5 -0. Respec full u ted, 6*eaude6t o Content a orm, Jennifer Pinski Administrative Secretary /Deputy Clerk Mayor