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HomeMy WebLinkAbout2012.07.16 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON JULY 16, 2012 Mayor Miron called the meeting to order at 7:07 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Planning Intern Liz Hansen, Planner Rachel Juba, and City Clerk Michele Lindau Approval of the Minutes for the July 2, 2012 City Council Meeting Weidt made motion, Petryk seconded, to approve the minutes for the July 2, 2012 City Council meeting as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approve the agenda as presented. Approval of the Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda items: Approval of Claims Approve Annual Performance Review for Public Works Worker Jeff Maas Approve Special Event Permit for Wilson Tool for Company Picnic on August 11, 2012 Approve Temporary Liquor License for the Hugo Lions Club to Serve Liquor at the Wilson Tool Company Picnic on Saturday, August 11, 2012 Approve Resolution Approving Setback Variance for 12701 Foxhill Ave. - Wadzink Approve Pay Request No. 3 from Dresel Contracting, Inc. for the Lake Air/Bald Eagle and CSAH 8 Mill & Overlay Project Approve Hiring of Ben Peacock as Public Works Seasonal Employee Approve Andy Churchill as Training Capitan on the Hugo Fire Department Approve Resolution Approving Site Plan for Building Addition for 5564 152nd Street — Glamos Wire All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Hugo City Council Meeting Minutes for July 16, 2012 Page 2 of 8 Approve Annual Performance Review for Public Works Worker Jeff Maas Jeff Maas was hired by the City of Hugo on July 24, 2006 as a Public Works Worker and has worked for six years in the Public Works Department. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Jeff Maas. Approve Special Event Permit for Wilson Tool for Company Picnic on August 11, 2012 Wilson Tool applied for a Special Event Permit for their annual Wilson Tool Company Picnic on Saturday, August 11, 2012 from 11:00 a.m. — 4:00 p.m. at the Hugo Lions Park. This is a private event for current and retired employees of Wilson Tool and their families. Food and alcohol will be served free of charge to the attendees. Setup for the event will be on Friday, August 10th, and there will be security overnight at the park. Adoption of the Consent Agenda approved the Special Event Permit for the Wilson Tool Company Picnic on August 11, 2012 at the Hugo Lions Park. Approve Temporary Liquor License for the Hugo Lions Club to Serve Liquor at the Wilson Tool Company Picnic on August 11, 2012 The Hugo Lions Club has applied for a Temporary Liquor License to serve beer and wine coolers to the attendees of the Wilson Tool Company Picnic on Saturday, August 11, 2012 at Hugo Lions Park. The Lions Club has paid the application fee and provided the necessary insurance for the event. Adoption of the Consent Agenda approved the Temporary Liquor License for the Hugo Lions Club for the Wilson Tool Company Picnic on Saturday, August 11, 2012. Approve Resolution Approving Setback Variance for 12701 Foxhill Ave. - Wadzink The applicant is requesting a variance for a portion of a deck to be located 21 feet from the rear property line, where 30 feet is required by ordinance. Staff finds the applicant meets the requirements necessary to approve a variance and recommends approval of the variance for the rear setback. The application was considered during a public hearing at the Board of Zoning meeting on Thursday, July 12, 2012 and was unanimously approved. Adoption of the Consent Agenda approved RESOLUTION 2012-20 FOR A VARIANCE TO ALLOW a DECK TO BE 21 FEET FORM THE REAR PROPERTY LINE FOR THE PROPERTY LOCATED AT 12701 FOXHILL CIRCLE NORTH Approve Pay Request No. 3 from Dresel Contracting, Inc. for the Lake Air/Bald Eagle and CSAH 8 Mill & Overlay Proiect The City of Hugo received Pay Request No. 3 from Dresel Contracting, Inc. for the Lake Air Estates/Bald Eagle Estates roadway and drainage improvement project, and the CSAH 8 mill and overlay project. Senior Engineering Technician Steve Duff and City Engineer Jay Kennedy have reviewed the Pay Request and found it satisfactory for work completed to date on the projects. Adoption of the Consent Agenda approved Pay Request No. 3 to Dresel Contracting, Inc. in the amount of $93,053.62 for the work completed to date on the Lake Air/Bald Eagle Estates and CSAH 8 projects. Hugo City Council Meeting Minutes for July 16, 2012 Page 3 of 8 Approve Hiring of Ben Peacock as Public Works Seasonal Employee Each year, Council approves the hiring of seasonal employees to assist the Public Works Department with the maintenance of the City's parks and building grounds. Recently, with a current employee securing full time employment elsewhere, a position had become vacant. Adoption of the Consent Agenda approved the hiring of Ben Peacock as a seasonal employee to fill the vacancy. Approve Andy Churchill as Training Capitan on the Hugo Fire Department Firefighter Andy Churchill was recommended by Fire Chief Colvard as Training Capitan on the Hugo Fire Department. Andy has been with the Department since November, 2004. Adoption of the Consent Agenda approved the appointment of Andy Churchill as Training Captain on the Hugo Fire Department. Approve Resolution Approving Site Plan for Building Addition for 5564 15211-d Street — Glamos Wire Glamos Wire requested site plan approval for a 22,283 square foot warehouse addition. The addition will be attached to an existing building at 5564 152nd Street in the Peloquin Industrial Park. The office, warehousing, and manufacturing portion of the building will remain, which is 45,704square feet. The addition to the Glamos Wire Products building will be an improvement to the Peloquin Industrial Park. Staff found the request met all the requirements for approval of the site plan for the warehouse addition. The application was considered by the Planning Commission at its Thursday, July 12, 2012 meeting, and the Commission unanimously recommended approval. Adoption of the Consent Agenda approved RESOLUTION 2012-21 APPROVING A SITE PLAN FOR GLAMOS WIRE PRODUCTS IN THE GENERAL INDUSTRIAL ZONING DISTRICT ON PROPERTY LOCATED AT 5564 152' STREET NORTH. Approve Award of Bid for Well House No. 6 On June 28, 2012, the City of Hugo opened bids for the construction of Well House #6. A total of four bids were received. City Engineer Jay Kennedy, Public Works Director Scott Anderson, and City Attorney Dave Snyder reviewed the bid documents. The Engineer's Estimate for the project was $586,657. Adoption of the Consent Agenda approved the award of bid to Municipal Builders, Inc. in the amount of $586,800. Update on NRI Neighborhood Meeting held on Wednesday, July 11, 2012 At its July 2, 2012 meeting, the Council listened to an update from National Recycling Inc. (NRI) Owner Rick Mark and Attorney David Schoenecker on the NRI transition plan. They indicated they have removed steel from the site but not as quickly as they anticipated. They had recently purchased two semis and an end -dump truck to assist in moving steel, but also inquired about being permitted to add a second shift and work longer hours. Council directed staff to hold a neighborhood meeting to discuss options for NRI. City Administrator Bryan Bear updated the Council on that meeting, which was held on Wednesday, July 11, 2012 at Hugo City Hall. Hugo City Council Meeting Minutes for July 16, 2012 Page 4 of 8 Council Members Haas and Klein attended the meeting along with approximately 12 residents who supported allowing NRI to expand the hours to 8 p.m. until Labor Day and on Saturdays for the purpose of removing scrap only. They also supported the business under the approved site plan for redevelopment. Bryan explained that NRI intends to have the scrap removed by Labor Day and begin the first phase of construction by August. NRI's owner will provide an update at the August 6, 2012 Council meeting on their progress and establish target dates for the completion of all construction. No formal action was taken. Update on TH61 Mill and Overlay Project Construction has begun on the TH61 Mill and Overlay Project between Highway 96 in White Bear Lake to Highway 97 in Forest Lake. The project will have a significant impact on the traffic through the City of Hugo. City Engineer Jay Kennedy explained it is a MnDot project and is scheduled to be complete in November, 2012. The project includes centerline and shoulder rumble strips, and there will be short term detours for culvert replacement. Traffic will be reduced to single lane and there will be some disruptions to access. The project does not include the TH61/CSAR 4 intersection, the downtown area, or TH61/1301h Street where a signal was recently installed. No formal action was taken. Update on TH61/170th Street Intersection Project At the May 21, 2012 meeting, Council heard a presentation from Marc Briese with MnDOT regarding the improvements proposed at the intersection of Highway 61 and 1701h Street (CSAH 4). The City Council discussed the issue further at their June 4, 2012 meeting when property owner Dick Tschida appeared before the Council. At the June 4 meeting, Council directed City staff to prepare a letter to MnDot outlining questions and concerns raised at the May 21 and June 4 meetings. On June 28, 2012, MnDOT held an open house to get input from affected property owners regarding the project. City Engineer Jay Kennedy explained the project, which includes a roundabout, is currently under design and is planned for 2013 construction. Jay reviewed in detail MnDOT's responses to Council's concerns. MnDOT will continue with the design of the roundabout and staff will continue to work with MnDOT on design of the landscaping. Council Member Petryk pointed out that the project does not need the City's approval. Council Member Haas noted that MnDOT favored closing the highway in order to expedite the construction but will be constructing a bypass lane instead. Haas would have preferred the bypass lane be constructed on the east side of the intersection. Property owner Dick Tschida spoke in opposition of the project. Council discussed the time frame for TH61 to become a four -lane highway. City Engineer Jay Kennedy said it was not included in MnDOT's 20 -year plan. No formal action was taken. Update on Lawful Gambling Organizations in Hugo At its December 19, 2011 meeting, the Hugo City Council adopted a Gambling Policy. Stated in this policy, gambling organizations are to report to the City every six months on profits generated by lawful gambling in establishments located within the City and the expenditures for the same period. On June 12, 2012, staff sent reminder notices to the four charitable gambling Hugo City Council Meeting Minutes for July 16, 2012 Page 5 of 8 associations conducting gambling at establishments located in Hugo and requested the information be submitted to the City by July 11, 2012. Staff explained to Council that the organizations have until the 20th of the month to prepare and submit their reports to the state. Miron made motion, Weidt seconded, to direct staff to consolidate the information and provide it to the Council at the next meeting. Ayes. Motion carried. Haas suggested presenting the gambling ordinance as an option and invite the organizations to the meeting. Public Hearing on Renewal of Home Occupation Interim Use Permit for Terry Luedeke for Auto Repair Business Terry Luedeke, 17627 Henna Avenue North, requested renewal of his interim use permit (IUP) for a home occupation for a motor vehicle repair business on his property. Staff had scheduled a public hearing for this evening to consider this request. Mayor Fran Miron explained that Mr. Luedeke has worked on his vehicles, and he farms land adjacent to the Luedeke property. He excused himself from discussion and turned the gavel over to Acting Mayor Becky Petryk. There are three criteria applicants need to meet in order for the City Council to renew an IUP for a home occupation. It is in staff's opinion that Mr. Luedeke did not meet all the criteria necessary to approve a renewal of the IUP and recommended denial. In review of the permit, staff has found the Mr. Luedeke was not complying with two of the conditions listed in the IUP; there were more business related vehicles on the property than allowed, and vehicles were not stored in the designated area. Administrator Bryan Bear explained staff continues to receive complaints regarding hours of operation and excessive traffic. Terry Luedeke was joined by Frank Puleo, 6575 165th Street North, who spoke for Luedeke stating Terry was unaware he was violating the IUP regarding the number of vehicles since many of them were personal vehicles, including those owned by his roommates. Terry had also been storing snow on the back part of the storage area and has not since violated the conditions of the permit. Frank showed pictures of the property and pointed out the number of trees screening the property and the distances between properties. He also stated that nothing in the IUP ordinance addresses the number of employees or hours of operations, and Terry voluntarily agreed to restrictions. He has complied with those conditions, so it should not be considered as business growth. Frank also stated that the shared driveway suffers in the winter and it was decided not to gravel in the fall. Terry has since put 3074 tons of gravel on the road and graded it. He explained that Terry also has spoke to suppliers and customers to limit the vehicle trips per day and trailers on the property, and he does what he can to move the vehicles as quickly as possible. It was Frank Puleo's opinion that Terry was doing all he could to help the situation. Acting Mayor Becky Petryk opened the public hearing. Hugo City Council Meeting Minutes for July 16, 2012 Page 6 of 8 Art Luedeke, father of Terry, explained Terry has gone out of his way to appease everyone and has performed work off his property in order to comply. He said Terry has been an asset to the neighborhood by purchasing the foreclosed home and working hard to fix it up. Terry's roommate Anthony stated that he leaves early in the morning and returns home late at night and has never been disturbed by any noise on the property. He said the cars are neatly parked out of sight; Terry rarely works on Saturday, and works on personal vehicles in the evenings. Brent Krause, 17590 Henna, stated he was not aware that Terry even had a business on his property and had no complaints. John Lutz stated that it was great to have Terry available to fix farm equipment, and Terry has told him when he can and cannot bring vehicles to his property in order to be in compliance. Vince Niemczyk, 17233 Henna Avenue North, stated the horse shows on the property to the north of Terry cause more problems on Henna than Terry does. Vince said he is in the field all day long that is in close proximity to the Luedeke property, and he does not hear anything. A customer of Luedeke's from Marine on the St. Croix said Terry has had him come get his vehicle and has driven his truck to his house just to stay in compliance with his IUP. Laura Donahue, 13926 Flay Avenue North, said the company she works for is a supplier for Luedeke, and that Terry is very honest. He provides a means for her to provide for her family. Tom Ryden, 17687 Henna Avenue North, said his property abuts the private drive, and he has no complaints. Joe Wewers, 15880 Harrow Avenue North, said he thought Terry has more than done his work to comply with the City, and the Council should take into consideration what Terry has done for the community. Mike Rokala, 17567 Henna Avenue North, stated that he felt Terry was a good guy but he did not like the noise or the hours of traffic. The business violates six of the thirteen conditions consistently, and at times there are up to 30 vehicles parked on the property. There are more trips to the property and vehicles stored than allowed and he has violated hours worked. Mike said he noted 33 times he could hear Terry working and there was a lot of work done outside. He violated the rules consistently and there was too much noise and impacts. He said another neighbor, Joe, has also complained and directed Mike to take pictures. Mike also stated that the road has been deteriorating faster since Terry was there. It was Mike Rokala's opinion that this was not a business that belonged in that location. There were no other comments, and Acting Mayor Petryk closed the public hearing. Council Member Klein stated he had visited the site and found the vehicles to be completely out of sight, and the distance and trees between buildings made it difficult for him to believe there was a lot of noise. Hugo City Council Meeting Minutes for July 16, 2012 Page 7 of 8 Council Member Petryk stated that it was difficult to vote against a renewal based on confusion on the number of cars and the placement of them. Petryk made motion, Haas seconded, to approve RESOLUTION 2012-22 APPROVING A RENEWAL OF AN INTERIM USE PERMIT TO ALLOW FOR THE OPERATION OF A HOME OCCUPATION AS AN ACCESSORY USE, ON PROPERTY LOCATED AT 17627 HENNA AVENUE NORTH. City Attorney Dave Snyder talked about the comments that were made during the public hearing and suggested staff communicate with the property owners to determine their significance. Haas made motion, Weidt seconded, to add a condition that there is continued review by staff of the impacts to the neighbors, as suggested by the City Attorney. Vote on amendment - All Ayes. Motion carried. Phil made motion, Petryk seconded to further amend the motion to extend the duration of the IUP from six months to 12 months. Vote on amendment - Ayes: Klein, Petryk Nays: Haas, Weidt Motion failed. Vote on motion as amended - Ayes: Klein, Haas, Petryk, Weidt Motion carried. Yellow Ribbon Network Report Council Member Chuck Haas and Council Member Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. Hamburger Night on August 22, 2012 will include a welcome home celebration, and Haas extended an invite to anyone recently returning home. Sponsors will be Centerville Liquor Barrel and Main Street Liquors. Sponsors of the YRN will be presented with Certificates of Appreciation at the next Hugo City Council meeting. Update on I-35 W/E Coalition Meeting held on Thursday, July 12, 2012 The City of Hugo hosted the annual BBQ and meeting of the I-35 W/E Coalition on Thursday, July 12, 2012. City Administrator Bryan Bear provided an update of this meeting. The next I-35 W/E Coalition meeting will be in December, 2012. Hugo City Council Meeting Minutes for July 16, 2012 Page 8 of 8 Adjournment Weidt made motion, Klein seconded, to adjourn at 9:55 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk