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HomeMy WebLinkAbout2012.05.21 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MAY 21, 2012 Mayor Miron called the meeting to order at 7:01 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Planner Rachel Juba, Accounting Clerk Anna Wobse, Shayla Syverson, and City Clerk Michele Lindau Approval of the Minutes for the May 7, 2012 City Council Meeting Weidt made motion, Petryk seconded, to approve the minutes for the City Council meeting held on May 7, 2012 as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Weidt seconded, to approve the agenda as presented. All Ayes. Motion carried. Recognition of Retiring Fire Chief Jim Compton At its February 6, 2012 meeting, the Council accepted the resignation of Fire Chief Jim Compton. The Council recognized Fire Chief Compton for his 35 years of dedicated service to the Citizens of Hugo. The Mayor talked about his leadership during the 2008 tornado and the high standards he has set for the department. The Council presented Fire Chief Compton with a plaque and resolution, and thanked him for his service. Miron made motion, Haas seconded, to approve RESOLUTION 2012-10 RECOGNIZING JIM COMPTON FOR HIS 35 YEARS OF PUBLIC SERVICE ON THE HUGO FIRE DEPARMENT. The Council took a short break for cake and refreshments. Approval of the Consent Agenda Weidt made motion, Klein seconded, to approve the following Consent Agenda items: Approval of Claims Approve Annual Performance Review for Public Works Worker Rick Kieffer Approve Application from the Hugo American Legion to Conduct Off -Site Gambling During Hugo Good Neighbor Days Approve Application for Water Surface Use Permit for Mike Ball on Round Lake Hugo City Council Meeting Minutes for May 21, 2012 Page 2 of 8 Approve Application for Water Surface Use Permit for David Strub on Sunset Lake Approve Joint Powers Agreement for Goodview Avenue Paving and Maintenance Approve Extension of Purchase Agreement with FBF, LLC for City Owned Property on Egg Lake Approve Special Event Permit for Marsha and Darrel Bunge Approve Appointment of Mike Granger as an Alternate Member of the EDA Approve Agreement for Stormwater Reuse Project on Oneka Ridge Golf Course All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. 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 four years, Rick has worked under the direction of Public Works Director Scott Anderson. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Rick Kieffer. Approve Application from the Hugo American Legion to Conduct Off -Site Gambling During Hugo Good Neighbor Days City staff has received an application for a Lawful Gambling License from the Hugo Lion's Club in order to conduct raffles and bingo at its annual Good Neighbor Days scheduled for June 7-10, 2012. City staff has reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the Lawful Gambling License for the Hugo Lion's Club in order to conduct lawful gambling at its annual Good Neighbor Days event scheduled for June 7-10. Approve Application for Water Surface Use Permit for Mike Ball on Round Lake On behalf of residents living on Round Lake, resident Mike Ball has made application to the City of Hugo for a water surface use permit to allow residents to water ski on the slalom course on the lake and put a water ski jump on the lake. Washington County Sheriff's Department has provided the application form that has been completed by Mike Ball. Adoption of the Consent Agenda approved the application for a water surface use permit for water skiing on the slalom course on Round Lake. Approve Application for Water Surface Use Permit for David Strub on Sunset Lake On behalf of the residents on Sunset Lake, resident Dave Strub has made application to the City of Hugo for a water surface use permit for a slalom water ski course on the lake. Washington County Sheriff's Department has provided the application form that has been completed by Dave Hugo City Council Meeting Minutes for May 21, 2012 Page 3 of 8 Strub. Adoption of the Consent Agenda approved the application for a water surface use permit on Sunset Lake for the homeowners to hold water skiing events on the slalom course. Approve Joint Powers Agreement for Goodview Avenue Paving and Maintenance At its May 7, 2012 meeting, the Council heard an update from City Engineer Jay Kennedy regarding the paving of Goodview Avenue south of Hugo into the City of Grant and White Bear Township. Both the Grant City Council and White Township Board approved the proposed Joint Powers Agreement related to paving this section of Goodview Avenue. Based on these approvals, City staff has revised the Joint Powers Agreement for consideration by the Council. Adoption of the Consent Agenda approved the Joint Powers Agreement for the paving and maintenance of Goodview Avenue. Approve Extension of Purchase Agreement with FBF, LLC for City Owned Property on Egg Lake At its May 14, 2012 meeting, the Hugo Economic Development Authority considered the request from developers who are working with the City of Hugo to develop a restaurant/event center on Egg Lake, immediately across the street from the Hugo City Hall. Dick Fischer, Mark Finnemann, and Mike Brass working under the corporation name FBF, LLC., requested approval of an extension of the purchase agreement for another year. The purchase agreement is set to expire on June 6, 2012. The EDA made a recommendation to the City Council to approve the extension of the purchase agreement for one year. A new purchase agreement that would expire on May 21, 2013 is enclosed and will be signed if the Council approves the extension. Adoption of the Consent Agenda approved the extension of the Purchase Agreement with FBF, LLC for City owned property on Egg Lake Approve Special Event Permit for Marsha and Darrel Bunge Marsha and Darrel Bunge have applied for a Special Event Permit (SEP) to hold a wedding reception at their home at 14696 Fondant Avenue North on Saturday, July 28, 2012. A SEP is needed for this event because they will be having amplified music. The applicant would like to have a three-piece band that will be playing until 11 p.m. Adoption of the Consent Agenda approved the SEP for Marsha and Darrel Bunge for a Special Event Permit for Saturday, July 28, 2013. Approve Appointment of Mike Granger as an Alternate Member of the EDA Former EDA Member Mike Granger is interested in serving as an alternate member of the EDA. The designation as an alternate member would allow him to serve in place of any commission member unable to attend the EDA meeting and serve during the interim whenever there is a vacancy on the commission. Adoption of the Consent Agenda approved Mike Granger to serve as an alternate member of the EDA. Approve Agreement for Stormwater Reuse Project on Oneka Ridge Golf Course Staff has been working on finalizing the agreement between the City, Oneka Ridge Golf Course, and the Rice Creek Watershed District (RCWD) for a storm water reuse system project for Hugo City Council Meeting Minutes for May 21, 2012 Page 4 of 8 managing storm water on the Oneka Ridge Golf Course. The project design and construction will be largely funded by a Clean Water Assistance Grant. Adoption of the Consent Agenda approved the Recordable Covenants to Implement Bald Eagle Lake Watershed Stormwater Reuse/Phosphorus Reduction Project agreement between RCWD, City of Hugo, and Oneka Ridge LLC. Public Hearing on Revocation of Conditional Use Permit for Gusset Design A public hearing was scheduled to consider the revocation of the Conditional Use Permit for Gusset Design, 15887 Forest Boulevard N. Planner Rachel Juba provided background on the CUP, which was issued in 2007 for a building addition to expand a legal non -conforming use. Also approved at the time were a variance for the setback of the building and a variance to the building materials. Specifically stated in the CUP are conditions requiring no exterior storage and no sandblasting allowed to be done outside the building. The City has been receiving many complaints regarding the dust and noise associated with sandblasting outside of the building. At its October 17, 2011 meeting, Council had agreed to give the owner of Gusset Design, Rick Burr, one year to resolve the issue and required he provide a report to the Council on the progress in six months. At its May 7, 2012 meeting, Council discussed the lack of progress the applicant has made to comply with the conditions of the CUP and directed staff to schedule a public hearing to consider revoking the Conditional Use Permit in its entirety. Mr. Burr had submitted a copy of a site plan, just prior to this meeting, showing a 40 X30 building, but no specific details regarding the building. Rick Burr explained to Council that he will be making a portable blast box with a dust collector, which can be moved around with fork trucks. He planned on copying a manufactured one and stated it would comply with OSHA guidelines. Eleven of Gusset Design's employee in the audience stood up, and Rick Burr said if the City revoked his Conditional Use Permit, they would all be out of a job. Rick asked why the last meeting wasn't tabled, since he was unable to attend, and he said he intended to comply by October. Mayor Miron opened the public hearing. Al Barowski, 15488 Goodview Avenue North, said he has had issues with dust, but they seem to be complying with the hours. He said he didn't want to see the employees lose their jobs. Craig Baland, 15475 Goodview Avenue North, said it was not the residents or the Council that would be putting the employees out of work; it would be Rick. Craig stated that he just wanted the noise to go away, and if something is constructed outdoors, he hoped the noise would be considered. He said this issue had been dragging on for a long time and the City needed to hold people to the conditions of their CUPs. Ron Rossow, 15504 Forest Boulevard, said the problem was mainly the noise. He compared it to the company that had been owned by Fred Rierman, saying nothing had ever been resolved until he moved his company to Wisconsin. Ron said Rick was small compared to the recycling company (NRI) and the noise from the fans from the paint shop. He said Council should give him until October to get the shelter up. Hugo City Council Meeting Minutes for May 21, 2012 Page 5 of 8 A gentleman named Archie said it gets a little dusty and he hears a little noise, but he would hate to see people lose their jobs. He hoped the Council and Rick Burr could come to some agreement. Richard Mireault, owner of North Side Construction located at 15627 Forest Boulevard North, said he felt the City should give Mr. Burr until October to get it done. Mike Atkinson, 5560 140th Street North, stated the City should work with Rick Burr. There were no other comments, and the Mayor closed the public hearing. City Attorney Dave Snyder recapped the events that lead to this public hearing. When Mr. Burr wanted to build the addition and expand the use in 2007, it was not permitted by ordinance. The City amended the Zoning Code and granted variances to specifically allow it. Violation of the CUP began in 2010. At that time, the City did not take any enforcement action and allowed the prohibited activity to continue to take place on a restricted basis. In 2011, the City again didn't take any enforcement action, instead invited Mr. Burr's cooperation. At that time, Rick agreed to comply within a year, and provide a progress report at six months. The City still has not received any information on how Rick intended to comply. City Attorney Dave Snyder indicated that if the CUP was revoked, it would not be the fault of the City; it would be Mr. Burr's failure to comply. Rick Burr said it took two years for him to get his building permit, and he was not aware the City had changed the zoning on his property from Industrial to Commercial. Rick provided a list of signatures from 32 residents and local area businesses that his employees support who are in favor of Gusset Design maintaining their CUP. The Council discussed the lack of information provided by Mr. Burr on the building design and how it would address the issues of noise and dust. It was Council Member Weidt's strong opinion that Mr. Burr repeatedly chose to ignore the complaints and opportunities to comply, and Rick would be responsible if his employees lost their jobs. Council Member Weidt stated that the sandblasting should be done inside the existing building. Haas made motion, Klein seconded, to table consideration of revoking the CUP for 30 days to enable Rick Burr to provide the details on the building, including size, materials, how it would address sound proofing and dust control, to meet the conditions of the Conditional Use Permit. Ayes: Haas, Klein, Petryk, Miron Nays: Weidt Motion carried. Council took a short recess. Public Hearing on Renewal of Atkinson Minim Permit The Council reconvened at 8:50 p.m. A public hearing was scheduled to consider the renewal of the Atkinson Mining Permit for mining and excavation on their property located on the south Hugo City Council Meeting Minutes for May 21, 2012 Page 6 of 8 side of 147th Street between Irish Avenue and Hyde Avenue. The permit is set to expire on July 1, 2012, and according to the conditions of the Mining Permit, a public hearing must be held at the time of renewal. The applicants approached the Council at their meeting on March 19, 2012 to discuss the requirements necessary to renew their permit. Council indicated to them that an updated site plan showing elevations and a reclamation plan was not necessary at this time since there was no activity on the site, but will be required prior to any mining activity on the property. It was noted that there have been no complaints on this property. Mayor Miron opened the public hearing. There were no comments, and the Mayor closed the public hearing. Haas made motion, Weidt seconded, to approve the renewal of the Atkinson Mining Permit for two years to expire on July 1, 2014. All Ayes. Motion carried. TH61/CSAH 4 Improvement Project — MnDOT Project Manager Marc Briese MnDOT project manager Marc Briese provided the Council background on the open house held at City Hall, just prior to this Council meeting, where MnDot representatives provided information to approximately 100 area residents and business owners on the Highway 61 project between Highway 96 and Highway 97 to begin in July with the replacement of four culverts. Mill and pavement overlay work will be done in September/October, and new traffic signal will be installed at the intersection of Buffalo Road and Highway 61 to include a flashing yellow arrow on the left turn signal. Marc Briese also provided an update on the I -35E project. All ramps are now open, south bound is still one lane, but the two northbound lanes are anticipated to be open by the end of the week. Marc Briese and Washington County Transportation Engineer Joe Gustafson provided the Council an update on the Highway 61/CSAH 4 intersection, which is scheduled for improvements in 2013. MnDOT and Washington County have been developing the preliminary design of the intersection, which currently includes a roundabout. Marc and Joe explained the project which has been recognized as a priority by the City, County and State. Based on the finding of the Highway Safety Improvement Program (HSIP), a roundabout is being recommended. Council discussed a full closure of the intersection while the work was being completed, or the construction of a temporary bypass. With full closure, the project would be done in 2-3 months and would be less expensive. A temporary bypass would allow some traffic flow; however the project could take up to five months and there would still be full closure for three weeks. Council generally agreed full closure was preferred but wanted to hear the opinions of the local business owners. Miron made motion, Weidt seconded, to direct staff to work with Washington County and MnDot on the intersection with respect to its construction and scheduling the open house with the businesses and residents. All Ayes. Motion carried. Hugo City Council Meeting Minutes for May 21, 2012 Page 7 of 8 Approve Proposal from Brauer and Associates for Planning of Lions Park At the meeting of March 19, 2012, the City Council approved a recommendation from the Parks, Recreation and Open Space Commission to request proposals for a consultant to hold three meetings on the Lions Park improvements and develop three concept plans for consideration. The consultant shall provide cost estimates of construction, architectural sketches of the envisioned park shelter, phasing plan, and landscape plan as a part of the concept plans. Parks Planner Shayla Syverson explained that at the meeting of May 9,2012, the Parks, Recreation and Open Space Commission reviewed the eight proposals received from consultants and recommended approval of hiring Brauer and Associates to assist with master planning Lions Park. The Parks Commission included funding in their Capital Improvement Plan for master planning of Lions Park. Haas made motion, Petryk seconded, to accept the recommendation from the Parks Commission to hire Brauer and Associated to assist with the master planning of Lions Park. All Ayes. Motion carried. Discussion on Sidewalk along 14511- Street North A potential street reconstruction project within the Lions Park neighborhood was considered by the City Council just over a year ago. While the street reconstruction project did not move forward, the issue of the deteriorated sidewalks along 145th Street was raised as an issue to resolve. Miron made motion, Haas seconded to table discussion on this item due to the lack of time. All Ayes. Motion carried. Update on the Yellow Ribbon Network Council Member Chuck Haas and Phil Klein provided an update on the City of Hugo's Yellow Ribbon Network activities. Council Member Haas spoke about the grant the YRN received to complete a bathroom remodel project. He also provided a reminder of Hamburger Night on Wednesday, May 23, 2012, which will be sponsored by Jay Kennedy from WSB Engineering and Dave Snyder from the Johnson Turner Law Firm. Schedule I-35 W/E Coalition Meeting Annually, the City of Hugo hosts the I-35W/E Coalition meeting at Hugo City Hall with a BBQ hosted by the City of Hugo. Haas made motion, Weidt seconded to schedule the next I-35 W/E Coalition Meeting for Thursday, July 12, 2012 with a BBQ at 6:00 p.m. and the meeting to begin at 7:00 p.m. All Ayes. Motion carried. Hugo City Council Meeting Minutes for May 21, 2012 Page 8 of 8 Fire Chief Jim Compton Retirement Party on Sunday, June 3, 2012 Hugo Fire Chief Jim Compton is retiring from the Hugo Fire Department after 35 years of dedicated service. City Administrator Bryan Bear provided a reminder to the Council that the Fire Department will be holding a retirement party on Sunday, June 3, 2012 from 1-4 p.m. at the Hugo Fire Hall. Staff has scheduled June 3, 2012 as a Council meeting to allow Council attendance at the Retirement Parry for the Fire Chief. Irish Avenue Neighborhood Meeting on Tuesday, June 12, 2012 City Administrator Bryan Bear informed the Council that a neighborhood meeting has been scheduled to discuss the paving of Irish Avenue between CSAH 8 and the park entrance on Irish Avenue. The meeting will take place at Hugo City Hall on Tuesday, June 12, 2012 at 7:00 p.m. Adjournment Weidt made motion, Haas seconded, to adjourn at 10:00 p.m. Respectfully Submitted, Michele Lindau City Clerk