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HomeMy WebLinkAbout2008.05.19 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY, MAY 19, 2008 Mayor Miron called the meeting to order at 7:10 p.m. PRESENT: Granger, Haas, Petryk, Puleo, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, City Planner Kendra Lindau, Wetland Specialist Travis Fristed, WSB Engineering, Senior Engineering Technician Scott Anderson, Public Works Director Chris Petree, and City Clerk Michele Lindau Approval of City Council Meeting Minutes of May 5, 2008 Puleo made motion, Petryk seconded, to approve the minutes for the City Council meeting of May 5, 2008 as amended. All aye. Motion carried. Approval of Agenda Miron made motion, Petryk seconded, to approve the agenda for May 19, 2008 as presented. All aye. Motion carried. Consent Agenda Granger made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Application for Fireworks Display by Melrose Pyrotechnics at Hugo Good Neighbor Days on Friday, June 6 or Saturday, June 7 in Case of Rain Approve Pay Request No. 7 From EnComm Midwest, Inc for Construction of Well House No. 5 Approve Letter of Agreement With Boy Scout Troop 151 for Storage Space at 14667 Forest Boulevard Approve Annual Performance Review for Public Works Worker Rick Kieffer Approve Ordinance for Rezoning of Mike and Kathy Atkinson Property at the 14029 Forest Boulevard and 5560 140th Street Approve Resolution Approving PUD General Plan for Lakes Area Bank at 14602 Everton Ave. N. - Finn Daniels Architect Approve Resolution Approving Variance for 10051 Kerry Court for Setback from Sunset Lake (George Knuteson) Approve Authorization to Advertise for Administrative Intern Approve Resolution Approving Encroachment Agreement for 15741 Fenway Avenue North (Scott and Sharon Hasseltine) City Council Meeting of May 19, 2008 Page 2 of 8 Approve Pay Request No. 2 from Arnt Construction for Work Completed to Date on Construction of Rice Lake Soccer Complex Approve Appointment of Christian Madson as the New Historical Commission Intern Approve Resolution Approving Property Line Adjustment for 8863 180th Street North (Debra Wallace) All Aye. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the claims roster as presented. Approve Application for Fireworks Display by Melrose Pyrotechnics at Hugo Good Neighbor Days on Friday, June 6 -or Saturday, June 74n Case of Rain The City of Hugo has received an application for fireworks display from Melrose Pyrotechnics who has contracted with the Hugo Lions to provide a display on Friday, June 6 or Saturday, June 7 in case of rain. This is the third consecutive year that Melrose Pyrotechnics has been contracted with to provide a fireworks display, which has been described by residents as fantastic. The Hugo Lions and the Hugo Fire Department Officials have met with Melrose Pyrotechnics to provide the necessary fire protection services to provide a safe fireworks display for Hugo residents. Adoption of the Consent Agenda approved the application from Melrose Pyrotechnics for a fireworks display for Friday, June 6 or Saturday, June 7 in case of rain. Approve Pay Request No. 7 From EnComm Midwest, Inc. for Construction of Well House No. 5 The City of Hugo has received Pay Request No. 7 from EnComm Midwest, Inc, for construction to date on Well House No. 5. City Engineer Jay Kennedy and Public Works Director Chris Petree have reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved Pay Request No. 7 in the amount of $36,049.71 from EnComm Midwest, Inc. for Construction completed to date on Well House No. 5 Approve Letter of Agreement With Boy Scout Troop 151 for Storage Space at 14667 Forest Boulevard As Council is aware, Boy Scout Troop #151 used the Rice Lake Park Building as a storage facility for their camping equipment. After the recent demolition of the building, Boy Scout Troop #151 contacted the City of Hugo for assistance in seeking storage space. As Council is aware, the City of Hugo owns the former Erickson Printing Building which currently has only one tenant, the Hugo Barber Shop. Staff has met recently with the Boy Scout Troop Leader who inspected the building and found it to be an excellent place for the storage of their Boy Scout camping equipment. City staff has prepared a standard letter of agreement, which would allow the Boy Scouts Troop #151 to utilize the building for storage of its equipment until such time the property on the east side of TH61 is redeveloped. Adoption of the Consent Agenda approved the letter of agreement with Boy Scout Troop #151 for storage space at 14667 Forest Boulevard. City Council Meeting of May 19, 2008 Page 3 of 8 Approve Annual Performance Review for Public Works Worker Rick Kieffer Rick Kieffer was re -hired by the City of Hugo on May 31, 2005 returning after a short period of time in the private sector. Over the past three years, Rick has provided an excellent level of service in his duties as Public Works Worker with an excellent work ethic and excellent customer service skills. Rick is a well rounded employee in the Public Works Department providing a solid and experienced set of skills. Rick's commitment and reliability in the Public Works Department is excellent. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Rick Kieffer. Approve Ordinance for Rezoning of Mike and Kathy Atkinson Property at the 14029 Forest Boulevard and 5560 140LI Street The City has received an application from Mike Atkinson, 14029 Forest Boulevard and 5560 140th street, to rezone his properties from Residential Service (RS) to Central Business (C-1). Both properties are adjacent to each other and are occupied by single family homes. The properties to the north are zoned C-1 and the applicant has stated that he would like his properties to also be C-1. The properties at all four corners of 140th and Forest Boulevard are currently zoned RS. The properties to the east are zoned Central Residential (CR -3) and are occupied with single family homes. There is a drainage way that acts as a buffer and separates the properties in question from the residential area. It is the Staff's opinion that the criteria for rezoning of the property have been met. Adoption of the Consent Agenda approved RESOLUTION 2008-25 APPROVING FINDINGS OF FACT APPROVING A REZONING FOR PROPERTIES LOCATED AT 14029 FOREST BOULEVARD AND 5560 140TH STREET, and ORDINANCE 2008-417, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUGO AMENDING CHAPTER 320 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 14029 FOREST BOULEVARD AND 5560 140TH STREET Approve Resolution Approving Site Plan for Lakes Area Bank at 14602 Everton Ave. N. -Finn Daniels Architect The applicant is seeking approval of a PUD general plan to construct a 4,984 -square foot bank building with drive-through on Lot 1, Block 4, Victor Gardens 4th Addition. The Planning Commission voted 4-0-1 (McRoberts abstained) to recommend approval of the request. Adoption of the Consent Agenda approved RESOLUTION 2008-19 APPROVING A PUD GENERAL PLAN FOR LAKES AREA BANK ON LOT 1, BLOCK 4 OF VICTOR GARDENS 4TH ADDITION LOCATED SOUTH OF FRENCHMAN ROAD (COUNTY ROAD 8) AND WEST OF EVERTON AVENUE. Approve Resolution Approving Variance for 10051 Kerry Court for Setback from Sunset Lake (George Knuteson) George Knuteson, located at 10051 Kerry Court North, is requesting a variance to construct a building addition 15 feet from the side property line where 20 feet is required by ordinance. The addition is proposed to be 20 feet from South School Section Lake where a 200 foot setback is required by ordinance. The addition is approximately 250 square feet in size. The applicant is proposing to build an addition on to an existing home. The home is currently 15 feet from the side property line and is 20 feet from the ordinary high water mark of the lake. The proposed addition would be in line with the City Council Meeting of May 19, 2008 Page 4 of 8 current home and would not encroach any closer to the side yard setback or shoreland setback than the home already is. Staff finds that the proposal meets the standards necessary for the City to approve a variance from the side yard setback and shoreland setback. Staff recommends that the City Council adopt the resolution to approve the variance from the side yard setback and shoreland setback requirements to allow the applicant to construct an addition located at 10051 Kerry Court North. Adoption of the Consent Agenda approved RESOLUTION 2008-20 APPROVING VARIANCES FOR GEORGE KNUTESON IN THE GENERAL AGRICULTURAL ZONING DISTRICT ON PROPERTY LOCATED AT 10051 KERRY COURT NORTH Approve Authorization to Advertise for Administrative Intern At its May 5, 2008 meeting, the Hugo City Council accepted the letter of resignation from City Administrative Intern Nate Ehalt who had provided the City with excellent service over the past 14 months. The Council publicly thanked Nate for his service to the City of Hugo and wished him well in his efforts to find areal job. City staff seeks authorization for the Council to now advertise for the Administrative Intern position. Adoption of the Consent Agenda approved authorization for City staff to advertise for the Administrative Intern position. Approve Resolution Approving Encroachment Agreement for 15741 Fenway Avenue North (Scott and Sharon Hasseltine) The applicant is requesting to construct a deck on the east side of the home and a fence in the back yard. The fence is proposed to be a 6 foot high privacy fence on the sides and will be finished in the back with a 4 foot high picket fence. The rear property line is lined by a branch of JD3. There is a 50 foot drainage and utility easement that encompasses the entire back yard of the property. Staff has been in contact with Doug Thomas from Rice Creek Watershed District and he stated that he would be in favor of the approval as long as there was 20 feet along the backyard that was clear for the instance that a machine would need to access the ditch for maintenance. The agreement allows for the removal of the deck and fence] should it be necessary for work to be done within the easement area. Adoption of the Consent Agenda approved RESOLUTION 2008-21 APPROVING AN ENCROACHMENT AGREEMENT FOR SCOTT AND SHARON HESSELTINE TO ALLOW CONSTRUCTION OF A DECK AND FENCE within A drainage and utility easement ON THE PROPERTY LOCATED AT 15741 FENWAY AVENUE NORTH Approve Pay Request No. 2 from Arnt Construction for Work Completed to Date on Construction of Rice Lake Soccer Complex City of Hugo has received Pay Request No. 2 from Arnt Construction for work completed to date on the construction of the Rice Lake Soccer Complex. Senior Engineering Technician Scott Anderson has reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved Pay Request No. 2 in the amount of $23,275.00 from Arnt Construction for work completed to date on the construction of the Rice Lake Soccer Complex. Approve Appointment of Thomas TerrioChristian Madson as the New Historical Commission Intern City Council Meeting of May 19, 2008 Page 5 of 8 At its February 19, 2008 meeting, the Council authorized staff to advertise for an intern to work with the Historical Commission for a time frame not to exceed 100 hours at an hourly rate of $10.00 per hour. On Tuesday, May 13, 2008, City Administrator Mike Ericson, Historical Commission Chairperson Kitty Cheesebrow and Historical Commission Collections Manager Pam Videen interviewed four excellent candidates for the position. Adoption of the Consent Agenda approved the hiring of Christian Madson as the new Historical Commission Intern to work 100 hours at an hourly rate of $10.00 per hour. Approve Resolution Approving Property Line Adiustment for 8863 180L' Street North (Debra Wallace The applicant is requesting approval of a property line adjustment for properties located at 8863 180th Street North. The parcels are approximately 1 acre and 19 acres in size. Both are owned by the applicant. The applicant is proposing to adjust the property line to create two ten acre parcels. A house is located on the existing 19 acre parcel and the applicant would like to move the property line from the 1 acre parcel to the center of the 19 acre parcel creating two 10 acre parcels. The house would then be on a 10 acre parcel. The other 10 acre parcel that is proposed to be created to the east would be combined with the 70 acre parcel to the south. The 70 acre parcel is currently a land locked parcel and with the proposed property line adjustment it would have the required 300 feet of road frontage. The combined result of the actions will be a 10 -acre parcel and a 80 -acre parcel. Staff finds that both properties will conform to the City's minimum lot requirements after the relocation of the common property line. The property is located in the Agricultural Zoning District where the minimum lot size is ten acres. The 1 acre parcel is currently non -conforming and would be brought into compliance with the property line adjustment. Adoption of the Consent Agenda approved RESOLUTION 2008 — 22 APPROVING A PROPERTY LINE ADJUSTMENT FOR DEBORAH WALLACE FOR PROPERTIES LOCATED AT 8863 180TH STREET NORTH Discussion on Request for Public Improvements on Everton Avenue This item was tabled from the April 21, 2008 City Council meeting to allow the staff to answer several questions that were raised by the council related to this petition. Mayor Fran Miron and City Administrator Mike Ericson met with Len Pratt and Gene Arnt on Monday, May 12, 2008. At the meeting, Mr. Pratt agreed not to proceed with the improvements as a City project involving assessments to adjacent property owners. Instead, the project will be constructed privately as a part of the development. Any requirements related to the construction, timing, and financing of the improvements will be incorporated into the development agreement that must be signed before the final plat can be recorded. Community Development Director Bryan Bear informed the Council the Developer agreed the road would be constructed concurrent with construction of the second building in phase 3 or any building in phase 4, and the sewer and water would be constructed with phase 1 of the project. Miron made motion, Granger seconded, to accept the letter of request form Everton Investments, LLP, to withdraw its request for local improvements with regard to Everton Avenue between Frenchman Road and Rosemary Way. All Ayes. Motion carried. City Council Meeting of May 19, 2008 Page 6 of 8 Approve Resolution Approving Final Plat and Development Agreement for Frenchman Place and Approve WCA Application for Replacement Plan On May 5th, the City Council approved a rezoning and preliminary plat for Frenchman Place, as well as a site plan and variance for Lot 1, Block 1 for development of an office/medical office building. The applicant is now requesting approval of a final plat for the office lot, 2 lots north Rosemary Way where the concept plan shows a church and school and 2 outlots for future commercial development. On March 28, 2008, staff issued a Notice of Decision (with TEP concurrence) approving the Wetland Replacement Plan for 9,194 square feet of impact on the site. Wetland replacement will be achieved at a 2.25:1 ratio at the northeast corner of the Miller property. Council Member Granger requested that the Council retain flexibility to require improvements to Everton Avenue, if warranted, due to traffic getnerated from any proposed buildings in Phase 2. Council agreed to amend the resolution and Development Agreement to allow the Council to decide the scope of improvements for Everton Avenue concurrent with any site plan propsed for buildings in Phase 2. Granger made motion, Haas seconded, to approve RESOLUTION 2008- 23 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR FRENCHMAN PLACE 1 ST ADDITION ON PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF EVERTON AVENUE NORTH AND FRENCHMAN ROAD (COUNTY ROAD 8) with conditions to be incorporated into the development agreement regarding timing of construction of roads and utilities. Aye: Haas, Puleo, Petryk, Granger, Miron Nay: None Motion carried. Schedule Date for Neighborhood Meeting for Road Prosect in the Hugo Elementary School Neighborhood At its April 21, 2008 meeting, the City Council listened to a presentation from City Engineer Jay Kennedy in regards to the street reconstruction project on the Hugo Elementary School Neighborhood. Jay provide Council with a feasibility study on the project and informed Council that he would schedule a date on which to hold a neighborhood meeting in order to provide the residents a copy of the City's newly revised street assessment policy, which reflects a dramatic reduction in the amount that residents would pay. Becky made motion, Granger seconded, to schedule the public hearing on improvements to the Hugo Elementary School Neighborhood for Monday, June 16, 2008. All Aye. Motion carried. Discussion on Memorandum of Agreement for MNDOT and Washington County for TH61 For the past two years, City staff and Council Member Mike Granger have been meeting with MN City Council Meeting of May 19, 2008 Page 7 of 8 DOT officials in regards to the TH61 corridor plan. A Memorandum of Agreement has been drafted on behalf of MN DOT and Washington Council officials since the project would involve an number of County roads which have intersections on TH 61. City Engineer Jay Kennedy presented the Memorandum of Agreement to the Hugo City Council for discussion and approval. Granger made motion, Petryk seconded, to approve the Memorandum of Understanding for the US 61 Corridor Access Management Plan. All Aye. Motion carried. Wetland Conservation Act Decision Appeal by Larry Nuorala at 8086 165LI Street North Senior Engineering Technician Scott Anderson and Wetland Specialist, Travis Fristed of WSB & Assoc. have been working with resident Larry Nuorala for development of property located south of 170th Street N. Mayor Fran Miron, Council Member Frank Puleo, and Staff along with members of the Technical Evaluation Panel and members of the Mn/DNR met with Mr. Nuorala in regards to construction of an access road off of 170th Street onto his property. Mr. Nuorala has filled in a portion of wetland which has been determined to be a Wetland Conservation Act violation. Mr. Nuorala is appealing the decision of the City of Hugo operating as the local governing unit in regards to the WCA Scott Anderson and Travis Fristed presented this item to the Council and recommended the Council approve a resolution outlining the findings of facts. Haas made motion, Miron seconded, to approve RESOLUTION 2008-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, UPHOLDING STAFF DECISION FOR DENIAL OF WETLAND CONSERVATION ACT EXEMPTION APPLICATION FROM LAWRENCE G. NUORALA Ayes: Puleo, Petryk, Granger, Haas, Miron Nay: None Council Workshop on Housing Issues and City Administrators Performance Review on May 20, 2008 at 8:30 a.m. City Administrator Mike Ericson provided a friendly reminder to Council and the public that the Council will hold a workshop on housing issues on Tuesday, May 20, 2008 at 8:30 a.m. which will be followed immediately by Council's Annual Performance Review of the City Administrator with attendance by City Attorney David Snyder. City Council Interviews for Planning Commission Vacancy on May 20, 2008 at 6:30 p.m. At it May 5, 2008 meeting, the Hugo City Council selected Tuesday, May 20, 2008 to hold interview with the five applicants for the vacancy on the Planning Commission. City Administrator Mike Ericson provided a friendly reminder to Council that the first interview was scheduled for 6:30. 7-8-9 Study Open House on Wednesday, May 28, 2008 from 4-7 p.m. at Rice Lake Centre City Council Meeting of May 19, 2008 Page 8 of 8 The County Staff held a TAC meeting on May 7, 2008. The TAC has recommended alternative "2c" which represents the existing alignment with some curve corrections. The TAC agreed to schedule an open house where this information will be shared with the public. Following the open house, the county staff will formally present their recommendation to the City council at the June 2, 2008 City Council meeting. Council determined the open house should not be scheduled as a City Council meeting. EXECUTIVE SESSION — City of Hugo vs. River City Asphalt and Darrel Hansen Miron made motion, Haas seconded, to recess the regular meeting and go into executive session. All aye. Motion Carried. Return to Regular Session Miron made motion, Haas seconded, to reconvene the regular City Council session. All aye. Motion Carried. City Attorney Dave Snyder summarized the discussion held in the executive session regarding Haas made motion, Granger seconded, that the City of Hugo accept the Settlement Agreement All aye. Motion Carried. Adjournment Granger made motion, Haas seconded, to adjourn at 9:45 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk