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HomeMy WebLinkAbout2011.05.16 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MAY 16, 2011 Mayor Miron called the meeting to order at 7:02 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Engineer Jay Kennedy, City Attorney Dave Snyder, and City Clerk Michele Lindau Approval of the Minutes for the City Council Meeting on May 2, 2011 Weidt made motion, Petryk seconded, to approve the minutes for the City Council meeting held on May 2, 2011 as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approve the Agenda as amended: Add to Council Presentations: Update on the Yellow Ribbon Network All Ayes. Motion carried. Approve Special Event Permit for 5K Run/Walk Event at Oneka Elementary School on August 27, 2011 City staff was recently contacted by officials from Oneka Elementary School who have organized the school's first ever 5K Run/Walk Event. The school officials would like to hold the event Saturday on August 27, 2011 in and around Oneka Elementary School with a course that follows Oneka Parkway. City staff has reviewed the application and found it to be satisfactorily complete. Oneka Elementary School Principal Terry Dahlem explained the goal was to promote fitness and trouble free playgrounds. Part of the program was to have program equipment for each class to teach responsibility. There were 33 classes and the equipment is $100 per class; their hope is to raise $3,300. Additional money raised will go toward Smartboards at the Hugo Elementary School. Event Organizer Elizabeth Ulmer explained the 5K Run/Walk costs $25 per person with a kid's race after that for $10 per person, or $40 for the entire family. The event is being promoted by website, flyers, and local business that are promoting the event such as Subway, Grandmas Bakery, Cub Foods, and Festival Foods. The Teddy Bear Band will be performing a 45 minute show on nutrition and physical fitness. Hugo City staff will have information about the event on the City website, and flyers will be available at City Hall. Haas made motion, Weidt seconded, to approve the Special event Permit for Oneka Elementary School for the 5K Run/Walk Event Scheduled for August 27, 2011. All Ayes. Motion carried. Minutes for the Hugo City Council Meeting on May 16, 2011 Page 2 of 7 Approval of the Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Grant Agreement with Homeland Security and Emergency Management for Installation of Tornado Warning Sirens Approve PUD Amendment and Preliminary Plat for Fable Hills 3rd Addition Approve the Site Plan, Variance, Conditional Use Permit, Encroachment Agreement, and Easement Vacation for National Recycling, Inc. Approve Annual Performance Review for Public Works Worker Rick Kieffer Approve Recommendation from Parks and Recreation Commission to Sponsor The Citizen "Hunt for the Golden Spike" Approve Application from the Hugo American Legion to Conduct Off -Site Gambling During Hugo Good Neighbor Days Approve Hanifl Fields Concession Stand Operations Agreement with Hugo Lions Club Approve Leave of Absence for Firefighter Tony Bronk Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Grant Agreement with Homeland Security and Emergency Management for Installation of Tornado Warning Sirens City staff has received the official grant agreement from Homeland Security and Emergency Management and has reviewed it with City Attorney Dave Snyder. Adoption of the Consent Agenda approved the Grant Agreement with Homeland Security and Emergency Management for installation of tornado warning sirens in the amount of $117,914. Approve PUD Amendment and Preliminary Plat for Fable Hills 3rd Addition The applicant is requesting a PUD amendment and preliminary plat approval of five single family lots on Outlot C of Fable Hills Second Addition on 34.38 acres. The preliminary plat approval consists of subdividing the property into 5 single family lots on 2.11 acres and Outlot A on 32.27 acres to be known as "Fable Hills 3rd Addition". At its April 28, 2011 meeting, the Planning Commission held a public hearing to consider the request. The Planning Commission unanimously recommended approval of the PUD amendment and preliminary plat to the City Council. Adoption of the Consent Agenda approved RESOLUTION 2011-09 APPROVING A PRELIMAREY PLAT AND PUD AMENDMENT FOR EVERTON INVESTMENTS LLC, FOR FABLE HILLS 3' ADDITION. Minutes for the Hugo City Council Meeting on May 16, 2011 Page 3 of 7 Approve the Site Plan, Variance, Conditional Use Permit, Encroachment Agreement, and Easement Vacation for National Recycling, Inc. Rick Mark, owner of National Recycling, Inc. at 15717 Forest Boulevard North, applied for approval of a site plan, variance, and conditional use permit, to bring the property into compliance with the zoning ordinance as a recycling center. The applicant is also requesting approval of an encroachment agreement and easement vacation. The metal scrap located in piles on the property is proposed to be removed. The variance is requested because the existing building is located 13 ft from the property line, where 30 ft is required by City Code. The conditional use permit is requested to allow a recycling center use on the property. The encroachment agreement is requested to allow site improvements to be located within an easement. The applicant is requesting an easement vacation to remove l Oft from the existing easement. At its April 28, 2011, meeting the Planning Commission considered and held a public hearing on the requests. The Planning Commission was comfortable with the applications as proposed. The Planning Commission unanimously recommended approval of the applications to the City Council. Adoption of the Consent Agenda approved RESOLUTION 2011-10 APPROVING AN ENCROACHMENT AGREEMENT FOR RICK MARK OF NATIONAL RECYCLING INC. TO ALLOW CONSTRUCTION OF SITE IMPROVEMENTS WITHIN A ROADWAY AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 15717 FOREST BOULEVARD NORTH, and RESOLUTION 2011-11APPROVING A CONDITIONAL USE PERMIT FOR NATIONAL RECYCLING INC. ON THE PROPERTY LOCATED AT 15717 FOREST BOULEVARD NORTH, and RESOLUTION 2011-12 APPROVING A SITE PLAN FOR NATIONAL RECYCLING INC. ON THE PROPERTY LOCATED AT 15717 FOREST BOULEVARD NORTH, and RESOLUTION 2011-13 APPROVING A VARIANCE FROM THE SIDE YARD SETBACK REQUIREMENTS IN THE GENERAL BUSINESS (C-2) ZONING DISTRICT FOR NATIONAL RECYCLING INC. ON THE PROPERTY LOCATED AT 15717 FOREST BOULEVARD NORTH. 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 six years, Rick has worked under the direction of Public Works Director Scott Anderson who recommends Council approve the Annual Performance Review for Rick Kieffer. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Rick Kieffer. Approve Recommendation from Parks and Recreation Commission to Sponsor The Citizen "Hunt for the Golden Spike" At its April 13, 2011 meeting, the Hugo Parks and Recreation Commission listened to a presentation from The Citizen Editor Deb Barnes along with Publisher Carter Johnson as they sought sponsors for The Citizen newspaper `Hunt for the Golden Spike" contest. Newspaper officials were soliciting donors to provide a $1,000 cash prize to the successful winner of the "Hunt for the Golden Spike" contest, which involves the City of Hugo and its 13 parks where the Golden Spike will be hidden. Parks and Recreation Commission members agree that it is a great opportunity to get residents to visit the City's parks as well as exposure for the parks amenities including trails. After discussion, the Parks and Recreation Commission agreed to recommend to the Hugo City Council a sponsorship and donation from the City of Hugo in the amount of $250. Adoption of the Consent Agenda approved the recommendation of the Parks and Recreation Commission to sponsor The Citizen newspaper "Hunt for the Golden Spike" contest in the amount of $250 Minutes for the Hugo City Council Meeting on May 16, 2011 Page 4 of 7 Approve Application from the Hugo American Legion to Conduct Off -Site Gambling DurinE 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 9-12, 2011. 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 9-12, 2011. Approve Hanifl Fields Concession Stand Operations Agreement With Huio Lions For the past several months, the Parks and Recreation Commission has been working with City staff and representative from the Hugo Lions Club in regard to the operation of the concession stand at Hanifl Fields Athletic Park. Specifically, soccer clubs and other non -profits would have the opportunity to fundraise by volunteering to staff the concession stand at games and receive 50% of the profits. The Hugo Lions Club would oversee the inventory, coordinate the volunteers and manage the finances. The City of Hugo would not hire any employees to operate the concession stand with the agreement that any profits would go to the Hugo Lions and/or non- profit organizations. The agreement would be in effect until the end of the fall 2011 soccer season with a review at that time. Parks Planner Shayla Syverson has prepared the agreement with review by the City Attorney. Adoption of the Consent Agenda approved the Hanifl Fields Concession Stand Operations Agreement with the Hugo Lions as presented. Approve Three -Month Leave of Absence for Firefighter Tony Bronk Hugo Firefighter Tony Bronk is requesting a Leave of Absence beginning on April 28, 2011 due to his immediate deployment to Tuscaloosa, AL to assist in clearing the damaged created when more than 100 tornados struck the state of Alabama on April 27, 2011. His service has been activated by the Federal Emergency Management Agency under the direction of the United States Department of Homeland Security. Adoption of the Consent Agenda approved the Leave of Absence for Firefighter Tony Bronk until July 31, 2011. Award of Bid for the South Ethan Avenue Street and Public Utility Project At its March 7, 2011 meeting, the Hugo City Council authorized staff to advertise for the South Ethan Ave Street and Utility Improvement Project. Bids were opened by City staff on April 26, 2011 with a total of 7 bidders on the project. Public Works Director Scott Anderson and Senior Engineering Technician Steve Duff have reviewed the bids and recommended Council award the bid to the apparent low bidder Northdale Construction in the amount of $1,028,904.63. Petryk made motion, Weidt seconded, to award the bid to Northdale Construction for the South Ethan Avenue Street and Public Utility Project in the amount of $1,028,904.63. Ayes: Klein, Petryk, Weidt, Haas, Miron Nays: None. Motion carried. Minutes for the Hugo City Council Meeting on May 16, 2011 Page 5 of 7 Update on Lake Air/Bald Eagle Estates Neighborhood Meeting on April 21, 2011 On Thursday, April 21, 2011, City staff held a meeting with residents living in the Lake Air/Bald Eagle Estates neighborhood at their request. Senior Engineering Technician Steve Duff, City Engineer Jay Kennedy, Public Works Director Scott Anderson, and City Administrator Mike Ericson attended the meeting, and they were joined later by Mayor Fran Miron and Council Member Becky Petryk who earlier attended the Board of Equalization meeting. Council Member Becky Petryk, in whose ward the residents reside, stated at the meeting that the issue should be brought back to the full City Council in order for the Council and public to be apprised of the survey results. City Engineer Jay Kennedy explained the roadway reconstruction project is included as a Capital Improvement Project, and would include Lake Air Estates and Falcon Avenue as a rural section roads, and Bald Eagle Estates as urban section roads. The residents are currently served by City sewer and private wells. Most of the residents who attended previous meetings in October and December agreed the roadways were in poor condition but there was very little support for installation of City water with cost/benefit cited as the primary issue. A leadership group formed, and they conducted their own survey with similar results as the one the City had conducted. City Engineer Jay Kennedy provided the pros and cons of three options: do nothing, roadway and water project, and roadway project only. Mike Proulx, 5043 124th Street North, and Don Dumer, 4950 126th Street North, spoke to the Council as representative of the leadership group stating reason for not wanting a water project was because the cost of bringing water into the home was not justified by the benefit. They did agree the road was in poor condition, and said the consensus of the neighborhood was to do a road only project. It was agreed by Council that the uniqueness of the neighborhood may merit the exclusion of municipal water. It was noted that the easements would allow the water to be installed at a later date, but the most cost effective time would be now. The Council discussed at length a road only project and their desire that residents be aware that if their wells should fail, it would be the responsibility of the homeowner. Should the municipal water project be done in the future, property owners would be subject to the assessment policy at that time. Council wanted to make it clear that the residents would be taking that risk. Mayor Fran Miron made motion, Petryk seconded, to direct staff to schedule another neighborhood meeting to discuss a road -only project. All Ayes. City Engineer Jay Kennedy conferred with residents in the lobby, and later provided meeting dates to Council for consideration. Weidt made motion, Petryk seconded, to schedule a Lake Air/Bald Eagle Estates Neighborhood meeting June 23, 2011 at 7:00 p.m. at Hugo City Hall. All Ayes. Motion carried. Minutes for the Hugo City Council Meeting on May 16, 2011 Page 6 of 7 Schedule Date for Grand Opening of Park Shelter at Hanifl Fields Athletic Park On April 18, 2011 meeting, the Hugo City Council awarded the construction contract for the installation of playground equipment at Hanifl Fields to St. Croix Recreation in the amount not to exceed $70,000. The playground equipment is scheduled to be completely installed by the end of May, after which the Parks and Recreation Commission would like to schedule a grand opening celebration. Parks Planner Shayla Syverson has contacted Sharon Hanifl-Lee and her family and is suggesting the dates of Sunday, June 12; Thursday, June 16; and Sunday, June 19 for the City's official grand opening celebration. Haas made motion, Petryk seconded, to schedule the Grand Opening Celebration of the Hanifl Fields Park Shelter for Thursday, June 16th 2011 at 7:00 p.m. at the Hanifl Fields Park Shelter. All Ayes. Motion carried. Update Regarding Restoration and Replacement Order for Judicial Ditch #2 Mayor Fran Miron stated he was a party in the lawsuit, and he passed the gavel to Acting Mayor Becky Petryk. At the April 4, 2011 meeting, City Attorney Dave Snyder provided Council with the background on the Judicial Ditch No. 2 weir restoration. He reported to Council that the City has been served with notice that proceedings are set for a pretrial hearing on April 18, 2011, and parties wanting to be involved are to file a Notice of Appearance. The City of Hugo formally filed this notice, which preserves the City's rights as a place holder. The prehearing conference was held on April 18, 2011 on the appeal by the Rice Creek Watershed District for the restoration and replacement order for Judicial Ditch #2. City Attorney Dave Snyder explained that three options are being considered: to remove the weir altogether, fix the weir, or install a larger weir structure that would be more permanent in nature. City Attorney Dave Snyder informed Council that if the City wanted to intervene in the proceedings, they would have to do so by Wednesday, May 18, 2011. It was discussed whether any of the options would affect the City's property, especially if a larger weir should be installed. Community Development Bryan Bear stated that, as the property is being used now (Hugo Public Works site and Hanifl Fields), value gained or lost would not affect that. Haas said, because of the elevation change, he did not foresee any adverse effect. Petryk questioned whether the property could ever be used for wetland credits, a potential economic gain for the City, or if remaining involved in the proceedings could cost the City a financial loss. City Attorney Dave Snyder replied that there would be no significant cost in intervening. Hass commented that the City would likely be entitled to compensation should the City property be flooded. Haas made motion, Weidt seconded to not intervene with the proceedings on the restoration and replacement order for Judicial Ditch #2. Ayes: Weidt, Haas Nays: Petryk, Klein Motion failed. Petryk made motion, Klein seconded, to remain involved and intervene in the proceedings on the restoration and replacement order for Judicial Ditch #2 Ayes: Weidt, Klein, Petryk Nays: Haas Motion carried. Minutes for the Hugo City Council Meeting on May 16, 2011 Page 7 of 7 Discussion on MN DOT Work on I -35E & TH61 for Summer 2011 Staff was recently informed by MN DOT officials that significant road reconstruction work will be undertaken on TH61 this summer in addition to road work on I -35E. The I -35E roadwork includes the closing of one lane for shoulder work that will dramatically affect the vehicular traffic on I -35E and consequently TH61, which will be the reliever for the freeway. It was noted that work on TH61 was scheduled for this summer also, but City Engineer Jay Kennedy explained the work on TH61 will be south of Buffalo Street through White Bear Lake, and should not have a huge impact on Hugo traffic. The I -35E resurfacing project is planned to be a three-month project on the portion of roadway between Highway 96 in White Bear Lake north to the I-35EAV split. Staff will put a link to MN DOT on the City website where residents can go to get the most current information on detours. Staff will also keep the businesses up to date on to the construction work through the Hugo Business Association. Update on the Yellow Ribbon Network Councilmember Haas added this item to the agenda to update the Council and public on activities of the Yellow Ribbon Network. Hamburger night is next Wednesday, May 18, 2011 at the Hugo American Legion, and families of the deployed eat free. There are eight families with deployed family members that live in Hugo, and one family is in need of landscape work. If anyone is interested in volunteering, please contact the Yellow Ribbon Network. Adjournment Weidt made motion, Petryk seconded, to adjourn at 8:56p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk