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HomeMy WebLinkAbout2011.07.18 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON JULY 18 2011 Mayor Fran Miron called the meeting to order at 7:06 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 Tom Weidner, Parks Planner Shayla Syverson, Community Development Assistant Dennis Fields, Planner Rachel Juba, and City Clerk Michele Lindau Approval of the Minutes for the July 5, 2011 City Council Meeting Weidt made motion, Klein seconded, to approve the minutes for the City Council meeting on July 5, 2011 as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approve the Agenda as amended: Add to Staff Presentations: Midyear Budget Review Scheduled for Tuesday, August 16, 2011 I-35 W/E Coalition Meeting Scheduled for Thursday, July 21, 2011 All Ayes. Motion carried. Minnesota National Guard's Employer Support for Guard and Reserve (ESGR) Award to Eckberg Lammers Law Firm Council Member Chuck Haas was informed by the Yellow Ribbon Network that the Minnesota National Guard's Employer Support for Guard and Reserve (ESGR) has accepted the nomination of the City of Hugo's Attorney Eckberg Lammers Law Firm for their contributions to the Yellow Ribbon Network. Executive Director Jim Sullivan from the MN National Guard ESGR Program was in attendance and explained the Seven Seals Award is presented to approximately 20 agencies per year for meritorious leadership and initiative in support of the men and woman in the National Guard and Reserve. In the past year, Eckberg Lammers Law Firm has sponsored the Welcome Home Pheasant Hunt, Welcome Home Twins Game, and helped create and support the Veteran's Court. City Attorney's Tom Weidner and Dave Snyder accepted the Seven Seal Award on behalf of Eckberg Lammers Law Firm for recognition of their generous contributions to the Yellow Ribbon Network. Councilmember Chuck Haas and Phil Klein provided an update on the Yellow Ribbon Network activities and introduced Barb Connelly who coordinates the staff on Hamburger Night at the American Legion. Hamburger Night is the fourth Wednesday of each month, and this month's sponsor is WSB & Associates. The Yellow Ribbon Network is sponsoring a picnic at the Disabled Veterans Camp on Big Marine Lake this weekend, and the White Bear Chamber of Commerce is sending care packages to female soldiers serving overseas. Hugo City Council Meeting Minutes for July 18, 2011 Page 2 of 8 Approval of the Consent Agenda Weidt made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Award of Quote to American Signal Corporation for New Tornado Warning Sirens Approve Award of Quote to Ready Watt Electrical for Installation of New Tornado Warning Sirens Approve Livable Communities Demonstration Account (LCDA) Development Grant Application for Former Stock Lumber Site Approve Annual Performance Review for Public Works Worker Jeff Maas Approve Resolution Removing Parcels in Bald Eagle Industrial Park from the Tax Increment Financing District Approve New Master Joint Powers Agreement with Minnesota Department of Public Safety Bureau of Criminal Apprehension Approve Resignation of Parks Commissioner Derek Larsen and Advertisement for Replacement All Ayes. Motion carried. Approve Award of Quote to American Signal Corporation for New Tornado Warning Sirens At its May 16, 2011 meeting, Council approved the grant agreement with the FEMA and the Department of Homeland Security and Emergency Management for the installation of eight new tornado warning sirens and relocation of another. The City of Hugo received several quotes from siren vendors which were open and read on July 5, 2011. After reviewing all of the quotes, staff found that American Signal Corporation had the lowest quote in the amount of $80,370.00 and has successfully met all of the City's requirements. Adoption of the Consent Agenda approved the award of quote to the low bidder American Signal Corporation for the purchase of eight new tornado warning sirens. Approve Award of Quote to Ready Watt Electric for Installation of New Tornado Warning Sirens The City of Hugo has an existing maintenance agreement with Ready Watt Electric for the annual maintenance of our existing tornado warning sirens. Ready Watt Electric has installed several of the City's existing sirens and staff feels comfortable with their work. Staff received a quote in 2009 from Ready Watt during our application for the Hazard Mitigation Grant and has agreed to honor the quote of $53,934 which would include the purchase and installation of the 55- foot wooden poles, and installation of all tornado siren equipment including the batteries for the siren's DC backup system. Adoption of the Consent Agenda approved the award of quote to Ready Watt Electric for installation of the new tornado warning siren system. Hugo City Council Meeting Minutes for July 18, 2011 Page 3 of 8 Approve Livable Communities Demonstration Account (LCDA) Development Grant Application for Former Stock Lumber Site There are grants available through the Metropolitan Council's Livable Communities Demonstration Account (LCDA) for redevelopment projects. Pete Sampair, owner of property on the southwest corner of 145th Street North and CSAH 61, has asked for help from the City to apply for the available grants. Staff has been working with Mr. Sampair on a Pre -Development Grant for planning of the redevelopment of the property. The proposed activities include surveying the property, preliminary redevelopment plans, stormwater management studies, soil testing, and updating a market study for downtown. The City will be the applicant on the grant as required by the Met Council. If the grant is approved, a grant agreement will be completed between the City and the Met Council that will outline the requirements for the reimbursement. Adoption of the Consent Agenda approved RESOLUTION 2011-17 IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS. 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 five years in the Public Works Department. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Jeff Maas. Approve Resolution Removing Parcels in Bald Eagle Industrial Park from the Tax Increment Financing District During the 2011 budget process, City staff proposed the administrative elimination of 40 of the 41 parcels from the Bald Eagle Tax Increment District. This action will add over $586,000 in tax capacity for pay 2012. These parcels can be eliminated without the need for a public hearing. Staff has prepared a resolution for Council consideration that directs Washington County to decertify and remove these parcels for TIF District No. 1-1. Adoption of the Consent Agenda approved RESOLUTION 2011-18 AUTHORIZING REMOVAL AND DECERTIFICATION OF CERTAIN PARCELS FROM THE CITY'S TIF DISTRICT NO. 1-1. Approve New Master Joint Powers Agreement with Minnesota Department of Public Safety Bureau of Criminal Apprehension City Attorney Dave Snyder is requesting that the City of Hugo enter into a Joint Powers Agreement with the Minnesota Department of Public Safety Bureau of Criminal Apprehension (BCA). This agreement allows Eckberg Lammers Law Firm to access the BCA's Minnesota Criminal Justice Data Communication Network on behalf of the City of Hugo. This network provides data that will benefit the City's attorneys at Eckberg Lammers. Adoption of the Consent Agenda approved the Joint Powers Agreement with Minnesota Department of Public Safety Bureau of Criminal Apprehension. Hugo City Council Meeting Minutes for July 18, 2011 Page 4 of 8 Approve Resignation of Parks Commissioner Derek Larsen and Advertise for Replacement Staff has received a letter of resignation from Parks Commissioner Derek Larsen. The City Council appointed Derek as a Parks Commissioner at its January 20, 2009 meeting. Adoption of the Consent Agenda approved the resignation of Parks Commissioner Derek Larsen and publically thanked him for his years of dedicated service to the citizens of Hugo, and directed City staff to advertise for the vacancy on the Parks Commission. Discussion on Irish Avenue Park Committee At the June 20, 2011 meeting of the City Council, a presentation was heard from Gary Wilson and Dave Percival proposing multi-purpose cross country running course at Irish Avenue Park. Discussions included potential partnerships with Percival, Wilson, residents, Washington County and other stakeholders to master plan the park in a way that would bring the greatest benefit to residents/ tax payers. Council had directed staff to form a subcommittee to work with Gary Wilson and Dave Percival in master planning Irish Avenue Park, and the City Council listed potential stakeholders and expressed concern over the size of the committee. It was requested that the committee be made up of 7-9 members. Planner Shayla Syverson said she understood the duties of the committee are to develop an understanding as to the improvements that would need to be made such as parking and access, how and when residents would become involved in the planning process, potential timeline for improvements, and how the park was currently being used. A Memorandum of Understanding could be developed to establish expectations if needed. Shayla recommended the Committee be made of Parks Commissioners Dave Strub and Jim Taylor, a Planning Commissioner, two City Council Members, a resident, as well as Gary Wilson and/or David Percival. Miron made motion, Haas seconded, to appoint Council Members Haas and Weidt to serve on the Irish Avenue Park Committee, with Councilmember Weidt serving as chair of the Committee. Staff members of the Committee would be Planner Shayla Syverson and/or Public Works Director Scott Anderson. All Ayes. Motion carried. A resident member and the two Planning Commissioners will be appointed at the next City Council Meeting. Gary Wilson was present and he requested the first meeting of the Committee be held at the site. The Council agreed to this. Update on Lake Air Estates/Bald Eagle Estates Proposed Street Improvement Prosect On June 23, 2011, the Hugo City Council and staff held a neighborhood meeting with residents in the Lake Air Estates/Bald Eagle Estates neighborhoods to discuss a potential street reconstruction project. Many residents were in attendance along with Council Members Weidt, Petryk, Klein, and Mayor Miron. It had been decided at the May 16, 2011 City Council meeting the project would consist of street improvements only. City Engineer Jay Kennedy explained to the Council the estimated cost of the project would be $850,000 with funding from assessments, City funds, and potential grants. It was estimated the Bald Eagle Estates residents will be assessed approximately $4,100/unit and the Lake Air Estates residents would be approximately $3,400/unit with one townhome unit at $67.88/front footage. Jay explained the plan was to hold the public hearing on the project in October 2011 with construction planned for May -August 2012. Hugo City Council Meeting Minutes for July 18, 2011 Page 5 of 8 Weidt made motion, Petryk seconded, to approve RESOLUTION 2011-19 ORDERING THE PREPARATION OF A FEASABLITY REPORT FOR 124TH STREET NORTH, 124TH STREET COURT NORTH, 124TH STREET CIRCLE NORTH, EUROPA AVENUE, FALCON AVENUE, FALCON COURT NORTH, GALLIVAN COURT NORTH, AND 126TH STREET NORTH ROADWAY AND DRAINAGE IMPROVEMENTS. Ayes: Petryk, Haas, Klein, Weidt, Miron Nays: None Motion carried. Home Occupation Interim Use Permit for Terry Luedeke for Auto Repair Business At its June 23, 2011, meeting the Planning Commission held a public hearing on the home occupation interim use permit (IUP) requested by Terry Luedeke, 17627 Henna Avenue North. Terry was requesting an IUP for a home occupation to run a motor vehicle repair business from his property. Other than the applicant, there are no other employees of the business. The applicant shares a gravel driveway, which extends approximately 1/4 mile from Henna Avenue, with two other property owners. Staff had presented the request to the Planning Commission and they recommended denial of the home occupation interim use permit. There were four people that spoke during the public hearing, including the applicant. The main concerns were the traffic on the shared driveway and the exterior storage of vehicles and equipment due to the operation of the business. Since then, the applicant has removed the business sign and planted trees to screen the exterior storage. The Planning Commission had stated that the business seems successful and has potential to grow. They thought that it may be time to move the business to an appropriate location that is zoned for the use. The Planning Commission had made a recommendation to the City Council for denial of the home occupation interim use permit and recommended a neighborhood meeting with the applicant before the City Council meeting. The denial was based on a vote 5-l. Staff has prepared a resolution for denial of the IUP as well as one for approval and a draft IUP. Mayor Miron passed the gavel over to Acting Mayor Petryk stating he had business dealings with the applicant in the past, and he sat in the audience. Planner Rachel Juba provided background information on the request to the Council and showed recent improvements such as removal of the sign and installation of spruce trees for screening. Acting Mayor Petryk questioned the shared drive, and Rachel responded that it was unclear how the driveway was maintained. Councilmember Klein noted that the screening is there now, and in these economic times there should be support for small businesses. Acting Mayor Petryk asked if there were any comments from the public. Applicant Terry Luedeke showed pictures of the landscaping that had been added to strategically block from neighboring view the activities on the site. Terry indicated he does a lot of work on farm equipment and often works off-site. He said the shared driveway was built by Joe Rosse, who lives at 17717 Henna Avenue North, and they take turns blading, plowing, mowing the Hugo City Council Meeting Minutes for July 18, 2011 Page 6 of 8 ditches, and putting down more gravel. He posted a 15 mph sign and has told his vendors to drive slowly on the driveway. Council Member Klein asked how late he ran the business. Terry stated he works until about 8 o'clock p.m. Vince Niemczyk, 17233 Henna Avenue North, said the shared driveway was constructed over 30 years ago, was built to City specifications and is well maintained. Vince felt it would be a disservice to the community to not let Terry Luedeke continue to work from his property. Joe Niemczyk, 7666 170th Street North, said Terry was a good asset to the farming community. Art Luedeke, father of the applicant, attested to Terry's hard work, honesty, and fairness to his customers. He said Terry is an asset to the community. Brent Husfeldt, 7495 195th Street North, Forest Lake, stated that Terry was irreplaceable as a mechanic. He has known Terry for 10-15 years, and Terry was honest, hardworking, and has made positive changes to the property. John Lutz, 8050 157th Street North, said it was hard to get farm equipment fixed locally, and it would be a big disservice to not give him a chance. Mike Rokala, 17657 Henna Avenue North, stated he has been in his home (directly adjacent to the north of the Luedke property) for six years. Since Terry has been running the business, traffic has increased. He is also bothered by lights in his windows at all hours due to semi trucks turning around in the driveway. Art Luedeke said he owns semis and has been able pull into Terry's drive without shining the lights on Mike's home. Art also stated that Terry bought this property, which was foreclosed on, and he has done a lot of work to clean it up. Joe Wewers said he has planted thirty eight 14-18 foot spruce trees on the property and could plant more except maple trees would need to be removed. He said he has known the Luedeke family for a long time, and he supported the small business. Joe said he felt the Council should give Terry an opportunity; small businesses needed to start somewhere. Frank Puleo, 6375 165th Street North, was on the City Council at the time the Home Occupation Ordinance was adopted, and was on the committee that drafted the ordinance. Frank said the applicant met the intent and spirit of the ordinance. The IUP is a way to give the property owner reasonable use of their property with restrictions and a renewal process. Frank said it was a clean operation and the sign should be allowed. Council Member Weidt, who was also on the committee, said he didn't envision three people on a shared driveway when drafting the home occupation ordinance. Joanne Benick, resident of Scandia who owns a small farm, spoke about having children in activities, and how many vehicle trips that alone requires. Joanne said Terry has helped maintain their farm, business, and family vehicles. He was a good citizen and community member. Hugo City Council Meeting Minutes for July 18, 2011 Page 7 of 8 Council Member Petryk acknowledged that Terry works hard to maintain the road. Her only concern was the lights in the window and signage. Council Member Haas said he had visited the site and the driveway was in good condition. If the use was in a commercial zoning district, the cost to the customer would be considerably more. He said the applicant has demonstrated concern for his neighbor by planting trees, and he would support the IUP providing the trees were maintained, a tasteful business sign be installed, and traffic was eliminated to the north by providing room for large trucks to turn around on the site. Council Member Weidt had also visited the site and talked to some neighbors. He had concerns about the driveway being maintained. (It was noted that Joe Rosse's home was currently on the market.) Council Member Weidt asked Terry what his long term plans were since the business did not necessarily fit in the residential neighborhood. Should there be a new neighbor, there may be more opposition to his home occupation business. Terry stated that he has been working off site a lot, and there is approximately one semi truck a month that uses the driveway to access his property. He would be okay eliminating semi traffic. Haas made motion, Klein seconded, to approve RESOLUTION 2011-20 APPROVING 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, and to amend the draft Interim Use Permit to include review of permit sooner than one year, requirement to maintain trees, install a tasteful sign, provide for adequate space on property for large vehicles to turn around, and eliminate semi truck traffic backing into the site from the shared driveway. Discussion followed on whether the applicant could comply with these conditions. Haas made motion, Petryk seconded, to amend the motion to include an exhibit to define where the exterior storage could be located. Vote on Amendment - Ayes: Haas, Klein, Petryk Nay: Weidt Motion carried. Haas made motion to amend the motion to approve the IUP for duration of nine months. Council discussed how an informal review could be done after six months or at the time of a complaint. Haas withdrew his motion. Vote on original motion as amended - Ayes: Haas, Klein, Weidt, Petryk Nays: None Motion carried. The Council took a short recess. Hugo City Council Meeting Minutes for July 18, 2011 Page 8 of 8 National Night Out on Tuesday, August 2, 2011 National Night Out is scheduled for Tuesday, August 2, 2011. This event is an opportunity for neighborhoods to strengthen neighborhood spirit by joining together with neighbors, police, fire departments, City Council, and staff. Staff informed Council that the Hugo Fire Department has invited the Council to ride with them to visit the neighbor events. Miron made motion, Weidt seconded, to notice Tuesday, August 2, 2011 as a City Council meeting to allow their attendance at National Night Out events. All Ayes. Motion carried. Mid Year Budget Meeting on Tuesday, August 16, 2011 Staff informed Council there were no agenda items for its Monday, August 15, 2011 regularly scheduled meeting. Weidt made motion, Klein seconded, to cancel the regularly scheduled Council meeting of Monday, August 15, 2011, and hold the Mid Year Budget Workshop on that day, instead of August 16, 2011. All Ayes. Motion carried. Adjournment Weidt made motion, Klein seconded, to adjourn at 9:37 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk