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HomeMy WebLinkAbout2006.12.04 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 4 2006 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Finance Director Ron Otkin, City Planner Kendra Lindahl, Fire Chief Jim Compton, and City Clerk Mary Ann Creager APPROVE MINUTES FOR COUNCIL MEETING OF NOVEMBER 6, 2006 Haas made motion, Petryk seconded, to approve the minutes for the meeting of November 6, 2006 as presented. All aye. Motion Carried. APPROVE MINUTES FOR EXECUTIVE SESSION OF NOVEMBER 6, 2006 Haas made motion, Puleo seconded, to approve the minutes for the executive session of November 6, 2006 as presented. All aye. Motion Carried. APPROVE MINUTES FOR COUNCIL BOARD OF CANVASS OF NOVEMBER 8, 2006 Haas made motion, Granger seconded, to approve the minutes for the Board of Canvass of November 8, 2006 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Miron made motion, Petryk seconded, to approve the agenda for December 4, 2006 as presented. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Reduction of Letter of Credit for Victor Gardens North 3rd Addition Approve Final Acceptance for Public Improvements for Diamond Point West Approve Reduction of Letter of Credit for Waters Edge 4'" Addition Approve Reduction of Letter of Credit for Waters Edge South 3`d Addition Approve Appointment of Tim Lorinser, Todd Jones, and Mark Koll as Regular Firefighters with Completion of EMT and FF1 Certification Approve Extension of Internship for Administrative Intern Matt Stemwedel Approve CUP Compliance Review for Bald Eagle Sportsman Association City Council meeting of December 4, 2006 Page 2 Approve Supplemental Law Enforcement Services Agreement for Bald Eagle Lake Approve Reappointment of Jan Arcand and Fran Miron to the EDA Approve Pay Request from Washington County for Work Completed to Date on CSAH 8/14 Approve Recommendation from EDA for City Membership in Hugo Business Association Approve Performance Review for Building Inspector Chuck Preisler Approve Resolution with Glamos Wire Products for Peloquin Industrial Park P.I. Project All aye. Motion Carried. GENERAL CLAIMS Adoption of the Consent Agenda approved the claims roster for December 4, 2006 as presented. APPROVE REDUCTION OF LETTER OF CREDIT FOR VICTOR GARDENS NORTH 3RD ADDITION Contractor Property Developers Company, developer, requested the City reduce the letter of credit being held for the newly constructed private improvements in the Victor Gardens North 3rd Addition. Adoption of the Consent Agenda reduced the letter of credit being held for the newly constructed improvements in the Victor Garden North 3rd Addition to $145,060.00. APPROVE ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR DIAMOND POINT WEST Emmerich Development, developer, has requested the City accept the constructed public improvements for the Diamond Point West Phase I, II, III developments. Adoption of the Consent Agenda accepted the public improvements for the Diamond Point West Phase I, II, III development, contingent on final inspection approvals by engineering and public works staff. APPROVE REDUCTION OF LETTER OF CREDIT FOR WATERS EDGE 4TH ADDITION Pulte Homes, developer, has requested the City reduce the letter of credit being held for the newly constructed private improvements in the Waters Edge 4d' Addition. Adoption of the Consent Agenda reduced the letter of credit being held for the newly constructed improvements in the Waters Edge 4d' Addition to $70,939.00. APPROVE REDUCTION OF LETTER OF CREDIT FOR WATERS EDGE SOUTH 3" ADDITION Pulte Homes, developer, has requested the City reduce the letter of credit being held for the newly constructed private improvements in the Waters Edge South 3`d Addition. Adoption of the Consent Agenda reduced the letter of credit being held for the newly constructed improvements in the Waters Edge South 3`d Addition to $126,830.00. City Council meeting of December 4, 2006 Page 3 APPROVE APPOINTMENT OF TIM LORINSER, TODD JONES, AND MARK KOLL AS REGULAR FIREFIGHTERS WITH COMPLETION OF EMT AND FF1 CERTIFICATION The City of Hugo appointed Tim Lorinser, Todd Jones, and Mark Koll as probationary firefighters two years ago. Over the past two years, each of the firefighters has worked hard and trained under Section 13 of the HFD guidelines with extensive training in EMT and Firefighter 1 classes. All have successfully completed the training earning them appointment them to regular firefighter status. Adoption of the Consent Agenda appointed Tim Lorinser, Todd Jones, and Mark Koll as regular firefighters after having satisfactorily completed their EMT and Firefighter 1 certification training. APPROVE EXTENSION OF INTERNSHIP FOR ADMINISTRATIVE INTERN MATT STEMWEDEL Matt Stemwedel was hired as an administrative intern with the City on May 15, 2006. Over the past six months, Matt has worked on a variety of projects, including the very successful Centennial Celebration to celebrate the City's 100 -year history. There are a number of projects, including the recodification of City ordinances, which Matt is coordinating and working on which need dedicated staff time. Malt's graduate work at the U of M Humphrey Institute is requiring more hours of him but he seeks an extension of his internship to an amount of 20 to 30 hours per week. City Administrator Mike Ericson and City Clerk Mary Ann Creager reviewed with Finance Director Ron Otkin that there are additional intern budget dollars for the position. Adoption of the Consent Agenda extended the internship of Matt Stemwedel to May 15, 2007. APPROVE CUP COMPLIANCE REVIEW FOR BALD EAGLE SPORTSMAN ASSN. The Bald Eagle Sportsman Association (BESA) has a conditional use permit (CUP) to operate a gun club on property located at 6557 125' Street. The CUP is to be reviewed by staff prior to December 1 st of the even -numbered years, or if the CUP is amended or violated. At its August 21, 2006 meeting, Council amended the CUP to have condition number 20 refer to a site plan dated July 13, 2006, to include bathrooms that are planned to be installed. At that time, an inspection for CUP compliance had not been completed. On November 11, 2006 staff completed an inspection of the BESA site for compliance with their CUP and found it to be in satisfactory compliance. Adoption of the Consent Agenda approved CUP compliance for the BESA. APPROVE SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT FOR BALD EAGLE LAKE For many years, the City has participated in supplemental law enforcement coverage on Bald Eagle Lake. The coverage is from January 1 to December 31, 2007 that includes a total not to exceed 160 hours for winter patrol coverage, at a cost of services to the City for year 2007 not to exceed $1,600. Adoption of the Consent Agenda approved the Supplemental Law Enforcement Agreement with the Ramsey County Sheriff s Department for enforcement on Bald Eagle Lake. APPROVE REAPPOINTMENT OF JAN ARCAND AND FRAN MIRON TO THE EDA On December 31, 2006, the terms of Economic Development Authority (EDA) members Janice Arcand City Council meeting of December 4, 2006 Page 4 and Fran Miron will expire, and they both have expressed interest in continuing their work on the EDA for an additional term. Adoption of the Consent Agenda reappointed Jan Arcand and Fran Miron to terms on the EDA consistent with those set forth in the EDA enabling resolution in 2004. APPROVE PAY REQUEST FROM WASHINGTON COUNTY FOR WORK COMPLETED TO DATE ON CSAH 8/14 PROJECT City staff received a pay request from Washington County for work completed to date on the CSAH 8/14 project. Senior Engineering Technician Scott Anderson and Finance Director Ron Oddn reviewed the request and found it to be satisfactory for the most recent work completed. Adoption of the Consent Agenda approved the pay request from Washington County for work completed on the CSAH 8/14 project, in the amount of $184,447.85. APPROVE RECOMMENDATION OF EDA FOR CITY MEMBERSHIP IN HUGO BUSINESS ASSOCIATION At its November 20, 2006 meeting, the Economic Development Authority (EDA) listened to a presentation from Vice President Mike Goehner from the Hugo Business Association (HBA) regarding its work and interest in partnering with the City of Hugo to become a member of the HBA. One of the goals of the EDA is the marketing and promotion of the City, which is in concert with goals of the HBA. Adoption of the Consent Agenda approved City become a member of the HBA and purchase a membership in the amount of $100. APPROVE PERFORMANCE REVIEW FOR BUILDING INSPECTOR CHUCK PREISLER Chuck Preisler was hired by the City as its new building inspector on November 29, 2004. For the past two years, Chuck has worked diligently to become a knowledgeable and well-respected building inspector within the City's building trade community. Chuck is dependable, conscientious, and very thorough in his duties as a building inspector with the City. Adoption of the Consent Agenda approved the performance review for Chuck Preisler as a building inspector with the City. APPROVE RESOLUTION WITH GLAMOS WIRE PRODUCTS FOR PELOQUIN INDUSTRIAL PARK PUBLIC IMPROVEMENT PROJECT In July 2006, City Attorney Dave Snyder shared with Council a proposed agreement that had been reached with Glamos Wire Products for the assessment agreement for public improvements in the Peloquin Industrial Park. A condition of the settlement agreement was adoption of a resolution by the City denoting the agreement of terns and conditions by both parties therein. Adoption of the Consent Agenda adopted Resolution 2006-66 approving the terms and conditions noted with the payment of the agreed settlement by Glamos Family Limited Partnership. APPROVE APPOINTMENT OF JAKE CHRISTIANSON AND BRYAN HARRIS AS PROBATIONARY FIREFIGHTERS Over the past several months, the HFD has been advertising for daytime firefighters and is pleased to announce that Jake Christianson and Bryan Harris have made application to the City for appointment as City Council meeting of December 4, 2006 Page 5 probationary firefighters. These two individuals have passed the entry level screening and successful preemployment physical examination. Fire Chief Jim Compton introduced Jake to Council and he was welcomed as a firefighter in the community. Mr. Harris was unable to attend the meeting. Miron made motion, Haas seconded, to appoint Jake Christianson and Bryan Harris as probationary firefighters with the HFD with a priority on their daytime availability. All aye. Motion Carried. APPROVE PURCHASE OF 2001 CHEVROLET TAHOE TRUCK FOR OAKDALE FD Fire Marshal Marty Schwartz has been driving a 1986 Chevrolet Blazer in his role and duty as the City's fire marshal, inspecting buildings, as well as the assistant fire chief responding to fire calls. The vehicle is not in good condition and has been inspected by PW Director Chris Petree and mechanic Dave Greeder, who do not recommend any additional City dollars be spent to return it to safe condition. The Oakdale fire department has for sale a replacement truck, which was inspected by Chris and Dave on November 6, 2006. Fire Chief Jim Compton and Finance Director Ron Otkin have reviewed the availability of funds within the fire department for this purchase. City staff recommended Council approve the purchase of a 2001 Chevrolet Tahoe from the Oakdale fire department for $18,500. The 1986 Chevy Blazer will be sold for salvage value. Miron made motion, Granger seconded, to table this matter until the Council meeting of December 18, 2006. All aye. Motion Carried. APPROVE SCOPE OF SERVICES FOR UPDATE OF EVERTON AVENUE AUAR Council member Haas requested that this issue be removed from the Consent Agenda for discussion. The Everton Avenue Alternative Urban Areawide Review (AUAR) was adopted nearly five years ago. The AUAR must be updated within that five-year term or it will expire. City staff recommended that the AUAR be updated so that development can continue to occur in the Everton Avenue area consistent with the approved plans. A scope of services has been provided by WSB for the update; it is anticipated that the costs for updating the AUAR will be reimbursed by developers within the study area. City staff recommended Council approve the Scope of Services to update the AUAR for a cost not to exceed $9,500. Only future developers will be required to reimburse the cost of the update and CD Director Bryan Bear will look into the cost estimate in an effort to have that figure reduced. Haas made motion, Granger seconded, to approve the Scope of Services to update the AUAR to update the Everton Avenue AUAR, for a cost not to exceed $9,500, with the understanding that staff will work on having that cost estimate reduced. All aye. Motion Carried. City Council meeting of December 4, 2006 Page 6 PRESENTATION OF PROPOSED 2007 CITY BUDGET — FINANCE DIRECTOR RON OTKIN (TRUTH IN TAXATION PUBLIC HEARING) At its September 5, 2006 meeting, Council listened to the proposed 2007 City budget from Finance Director Ron Otkin. Council agreed and set the proposed tax levy for 2007 in an amount of $4,753,578. As Council is aware, this maximum tax levy cannot be increased but can be lowered later on at the adoption of the final budget. Additionally, the City's fiscal policy prescribes that it certify to the maximum allowable under State Statute to allow the Council flexibility in adoption of a final budget. Council agreed to schedule a workshop at which they would discuss the final budget targets and details of the budget. On October 3, 2006, Council held its budget workshop, and after a presentation from Ron, agreed to lower the City's tax rate as a demonstration of good faith for three of the four school districts that were seeking referendum approval for operation levies. Finance Director Ron Otkin presented Council a PowerPoint presentation with the proposed 2007 City budget with a reduction of 1.07% in the City tax capacity rate, which reflects a proposed tax levy of $4,693,260. Mayor Fran Miron opened the Truth in Taxation public hearing for any and all public comment on the proposed 2007 City budget. Julie Williams, director of the WBL Counseling Center, requested Council consideration for an increased donation. Kevin Church, 4869 130'h Street, expressed concern with the large increase in his taxes and property valuation. Jan Good, Homestead Drive resident, stated that she had surveyed a number of homeowners on her street, and that there was a wide disparity in the valuation and property taxes paid. Mayor Miron closed the hearing for Council discussion and commented that he had received numerous calls from residents regarding the large increases in property valuations. After Council discussion, Mayor Miron stated that the City should absorb a portion of the increase and requested Council consider reducing the City's 2007 budget by $100,000. Miron made motion, Puleo seconded, directing staff to prepare a revised 2007 City budget with an additional $100,000 in reductions beyond the proposed 1.066% tax capacity rate reduction agreed by Council at its October budget workshop meeting. All aye. Motion Carried. APPROVE FINAL PLAT FOR SUNSET SHORES BENCHMARK COMPANIES) On August 7, 2006, the City Council approved a preliminary plat and conditional use permit for "Sunset Shores", a rural preservation plat. The approval allowed a total of 39 lots on this 142.74 -acre parcel. The applicant is now requesting approval of the final plat and development contract for 39 lots. The Minnesota Land Trust Board of Directors reviewed the conservation easement at their November 30, 2006 meeting and approved the conservation easement. Staff reviewed the request for compliance with the conditions of preliminary approval and recommended adoption of the attached resolution approving the final plat and development contract for "Sunset Shores". City planner Kendra Lindahl provided a brief PowerPoint presentation providing a background of the project. Council discussed the new plat, City Council meeting of December 4, 2006 Page 7 as well as the possible road connection with Homestead Drive. Council member Haas suggested the planting of trees along CR7. Resident Diane Coderre expressed concern that the City's outlot would become a City park and the closing of 125`" Street/Illies Avenue along Sunset Lake. Council confirmed that there has been no such discussion or plans. Haas made motion, Petryk seconded, to table the application to allow staff time to work on possible road connection and continue discussion at the next Council meeting of December 18, 2006. All aye. Motion Carried. APPROVE PLANS AND SPECS FOR 129TH STREET PUBLIC IMPROVEMENT PROJECT At its August 21, 2006 meeting, Council ordered the preparation of plans and specifications for the 1290' Street roadway and utility project. City Engineer Jay Kennedy provided a PowerPoint presentation of the project and recommended Council consider the project be run along Jim Kellison's north property line rather than along 1290' Street because of poor soils. Jay will be scheduling another neighborhood meeting advising property owners of the proposed change. Miron made motion, Petryk seconded, to adopt RESOLUTION 2006-67 APPROVING PLANS AND SPECS FOR THE 129T" STREET PUBLIC IMPROVEMENT PROJECT AND ORDERING ADVERTISEMENT FOR BIDS. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. DISCUSSION ON WITHDRAWAL OF SWPPP APPLICATION TO MPCA FOR JD2 MAINTENANCE At its October 16, 2006 meeting, Council directed City Attorney Dave Snyder to proceed with the formal request for a WCA exemption, which was explained to Council by representatives from MPCA at the Council's October 2, 2006 meeting. Attorney Snyder reported to Council his research work in obtaining an exemption for the routine maintenance work in JD2 and recommended that the City withdraw its SWPPP application at this time pending satisfactory progress on the efforts to secure permitting for the minor maintenance through work with the MPCA or, in the alternative, pursuit and utilization of maintenance exceptions. Miron made motion, Granger seconded, directing staff to withdraw the City's SWPPP application to the MPCA for JD2 maintenance and that a letter be sent the RCWD requesting a 3 -year extension to the Memorandum of Agreement. All aye. Motion Carried. REQUEST TO VACATE DRAINAGE AND UTILITY EASEMENT AT 14189 FINALE AVENUE (ALICE WALLER) A public hearing was held at the Council meeting on October 2, 2006 in order to take public comment City Council meeting of December 4, 2006 Page 8 regarding the request from Alice Waller, 14189 Finale Ave N., for vacation of a drainage easement on the rear of her property. This item was tabled by Council and staff was directed to complete additional research on issues related to the original drainage and utility easement on the property. It is staffs opinion that the applicant has not demonstrated a compelling need to vacate the easement and recommended that Council deny the request to vacate the drainage and utility easement located along the eastern portion of Lot 15, Block 3, Oneka Estates, and approve the resolution approving the Findings of Fact denying the request. Alice Waller stated again that it was her opinion that Rule E was a "poor rule" and Mayor Miron concurred that Rule E was "excessive". Miron made motion, Puleo seconded, directing staff to contact the RCWD stating that it is Council's opinion that the Rule E 100' easement requirement is excessive and should be reduced to 25'. All aye. Motion Carried. Haas made motion, Petryk seconded, to adopt RESOLUTION 2006-68 APPROVING THE FINDINGS OF FACT DENYING THE REQUEST OF ALICE WALLER TO VACATE THE DRAINAGE AND UTILITY EASEMENT OVER PROPERTY AT 14189 FINALE AVENUE. VOTING AYE: Granger, Haas, Petryk, Puleo VOTING NAY: Miron Motion Carried. Miron made motion, Granger seconded, directing staff to send a letter to Alice Waller stating that the City will not require her to install a gate on her fence. All aye. Motion Carried. RECOGNITION OF FINANCE DIRECTOR RON OTKIN FOR EARNING GFOA CERTIFICATE OF EXCELLENCE Council acknowledged Finance Director Ron Otkin's GFOA Certificate of Excellence for 13 successive years. The City will make a formal presentation when Ron receives his plaque. BALANCE OF AGENDA ITEMS Because of time constraints, Miron made motion, Granger seconded, to table the following Council agenda items until its next regular meeting of December 18, 2006: schedule meeting date with Met Council regarding rural and open space preservation ordinance; discuss 2008 comprehensive plan; discussion 2007 Board of Zoning Appeals appointments; discuss expiration of terms and reappointment of Dave Schumann and Victoria Hoffbeck to the Planning Commission; discuss expiration of term of Jim Leroux on RCWD Board of Managers; schedule meeting to interview candidates for Park Commission; and sent letter to City of WBL on MCES project. All aye. Motion Carried. City Council meeting of December 4, 2006 Page 9 SPECIAL MEETING Miron made motion, Haas seconded, to schedule a special City Council meeting for Tuesday, December 12, 2006, Eagle Brook Church in Lino Lakes, at 2:00 pm, to attend a discussion on a nutrient TMDL for the Rice Creek Chain of Lakes. All aye. Motion Carried. ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 10:00 pm. All aye. Motion Carried. VMrreager CC