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Home My WebLink About2010.07.06 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON TUESDAY, JULY 6, 2010 Mayor Fran Miron called the meeting to order at 7:05p.m. PRESENT: Haas (arrived at 7:23), Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Attorney Dave Snyder, and City Clerk Michele Lindau Approve Minutes for the City Council Meeting on June 21, 2010 Weidt made motion, Klein seconded, to approve the minutes for the June 21, 2010 City Council meeting as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Petryk seconded, to approve the Agenda as amended. Move from the Consent Agenda to Unfinished Business - Final Plat and Development Agreement for Prairie Village Add Visitor Presentation - Discussion on City Support of JD #2 Order of Restitution Appeal — John Waller All Ayes. Motion carried. Presentation of 2009 Audit Report - Jason Miller, Smith Schafer & Associates Jason Miller from the independent accounting firm of Smith Schafer & Associates presented the Hugo City Council with a recap of the audit of City's finances for the 2009 fiscal year. Jason discussed the governmental and enterprise funds and the related revenue and expenses as well as the City's General Fund Reserves, debt services requirements, and capital improvements. Jason stated that it was an unqualified audit opinion and there were no Minnesota legal compliance exceptions. There were no inconsistencies or errors found during the audit, and it showed a positive outlook for the City of Hugo. The City's Comprehensive Annual Financial Report (CAFR) is posted on the City's website and available for public inspection by contacting the City's Finance Director Ron Otkin. Weidt made motion, Petryk seconded, to accept the 2009 Audit Report from Smith Schafer & Associates as presented. All Ayes. Motion carried. Hugo City Council Meeting July 6, 2010 Page 2 of 5 Approval of the Consent Agenda Weidt made motion, Klein seconded, to approve the following Consent Agenda: Approval of Claims Approve Pay Request No. 3 from Arnt Construction for South Egg Lake Street Reconstruction Proj ect Approve Resignation from Pam Videen from the Historical Commission Approve Resolution Appointing 2010 Election Judges Approve Pay Request No. 2 from Arnt Construction for Work Completed to Date on the TH61 and 147th St. Intersection Project Approve Pay Request No. 3 from Rum River Contracting for Work Completed to Date on the TH61 and 130th St. Intersection Project All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the claims roster as presented. Approve Pay Request No. 3 from Arnt Construction for South Egg Lake Street Reconstruction Proiect The City of Hugo has received Pay Request No. 3 from Arnt Construction for work completed to date on the South Egg Lake Neighborhood Street Reconstruction Project. Senior Engineering Technician Steve Duff has reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved Pay Request No.3 to Arnt Construction in the amount of $167,701.56 for work completed to date on the South Egg Lake Neighborhood Street Reconstruction Project. Approve Resignation from Pam Videen from the Historical Commission Pam Videen was one of the original charter members of the Hugo Historical Commission, which was formed by the Council in 2003. Unfortunately, Pam is moving out of Hugo to care for her mother who lives in another city. Adoption of the Consent Agenda approved the resignation of Pam Videen from the Historical Commission and publically thanked her for her seven years of dedicated service to the citizens of Hugo. Approve Resolution Appointing 2010 Election Judges City Clerk Michele Lindau has successfully recruited a number of residents who will serve as election judges for the City of Hugo's Primary and General Elections in 2010. Michele Lindau has prepared a resolution listing the respective election judges, many of which have served the City for decades. Adoption of the Consent Agenda approved RESOLUTION 2010-26 A RESOLUTION APPOINTING ELECTION JUDGES FOR PRIMARY AND GENERAL ELECTIONS IN THE YEAR 2010. Hugo City Council Meeting July 6, 2010 Page 3 of 5 The City of Hugo has received Pay Request No. 2 from Arnt Construction for work on the TH61/147th Street Intersection Improvement Project. Senior Engineering Steve Duff has reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved Pay Request No.2 to Amt Construction in the amount of $407,650.12 for work completed through to date on the TH61/147th Street Intersection Improvement Project. Approve Pay Request No. 3 from Rum Ril for Work Completed to Date on The City of Hugo has received Pay Request No. 3 from Rum River Contracting for work on the TH61/130th Street Intersection Improvement Project. Senior Engineering Steve Duff has reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved Pay Request No.3 to Rum River Contracting in the amount of $ $181,535.89 for work completed to date on the TH61/130th Street Intersection Improvement Project. Approve Final Plat and Development Agreement for Prairie Village — Pratt This item was removed from the Consent Agenda by developer Len Pratt. At its June 21, 2010 meeting, the Council approved a rezoning of 40 acres from Future Urban Service (FUS) to Single Family Detached Residential (R-3) and two existing outlots in Heritage Ponds from Planned Unit Development (PUD) to Single Family Detached Residential (R-3), both of which are consistent with the land use plan. In addition, Council approved a preliminary plat for 79 lots and 5 outlots on 40.59 acres to be known as "Prairie Village". The applicant initially requested a final plat for phase one to include 17 lots; however, at the meeting, Len Pratt requested to divide it into two phases. Phase one would be six lots, and phase two would be 11 lots. Len also introduced his home builder Ben Minks, from Minks Homes, who stated he had built 100-130 homes in the area in the past year. Staff and Council discussed the impacts on the improvements should this phasing be approved. Haas made motion, Klein seconded to approve Prairie Village Plat 1 to consist of six lots, and Prairie Village Plat 2 to consist of eleven lots, with the final plat resolutions and development agreement to be prepared by staff and subject to final review and approval by the City Attorney. Ayes: Klein, Petryk, Haas, Weidt, Miron Nays: None Motion carried. Hugo City Council Meeting July 6, 2010 Page 4 of 5 Approve Determination on Ethan/Everton Avenue Petition for Street Reconstruction Proiect At its June 7, 2010 meeting, the Hugo City Council listened to a presentation from resident Rick Gwynn, who presented a signed petition to the City Council from residents living on Ethan Avenue, adjacent to Bald Eagle Lake, who have requested the street reconstruction project which would include municipal water sewer extensions. At the meeting, the City Council ordered a Feasibility Study as a Council -initiated project. Council then directed staff to review the petition to determine its validity in consultation with the City Attorney. City Attorney Dave Snyder explained the City's desire to proceed with the project outside the context of the petition. Rick Gwynn, who was in the audience, nodded his head in approval of the determination made by staff. Weidt made motion, Petryk seconded, to approve RESOLUTION 2010-27 DECLARING ADEQUACY OF PETITION AND DENYING THE ORDERING OF REPORT. Ayes: Petryk, Haas, Weidt, Klein, Miron Nays: None Motion carried. Schedule Ribbon Cutting for Washington County Library Kiosk The Washington County Library Board has approved the installation of a library kiosk at Hugo City Hall in 2009 with the securing of federal funds for an electronic self service kiosk library at Hugo City Hall, which will allow Hugo residents to access the municipal library system with a library kiosk in the lobby at Hugo City Hall and book drop and lockers to pick up books near the City Hall entrance. City Administrator Mike Ericson announced that the work is scheduled to be completed by July 9, 2010 after which Washington County Library Director Pat Connelly has requested that Hugo City Council invite residents to attend a formal ribbon cutting ceremony to officially mark the opening of the brand new Washington County Library Kiosk at Hugo City Hall. Petryk made motion, Weidt seconded, to schedule the ribbon cutting ceremony for July 29, 2010 at 1:00 p.m. All Ayes. Motion carried. Discussion on City Support of JD #2 Order of Restitution Appeal Resident John Waller added this item to the agenda. Mayor Miron excused himself from the Council Chambers and turned the gavel over to Acting Mayor Becky Petryk. John Waller explained that he was a manager on the Rice Creek Watershed District (RCWD); however, he was speaking as an individual landowner. John was specifically requesting the Council support the RCWD appeal of the restoration order. City Attorney Dave Snyder provided background on this issue. The MN DNR had demanded a Hugo City Council Meeting July 6, 2010 Page 5 of 5 weir be installed on Judicial Ditch #2 due to low lake levels, which the RCWD and neighboring property owners opposed. This weir is located on the Miron property and has since failed, causing the water level to slowly decline. The DNR ordered the weir to be replaced; however the RCWD and neighboring property owners are appealing the order because it is their view that impoundment proceeding should take place first, which would involve analyzing the impacts on adjoining property owners and compensating them for their losses. Haas made motion, Weidt seconded, to direct staff to draft a letter to the MN DNR and point out the City's case five years ago has been vindicated, and to not join in the appeal at the taxpayers' expense. Ayes: Haas, Weidt Nays: Petryk, Klein Motion failed. Petryk made motion, Klein seconded, to preserve the City's legal rights and support the appeal of the order. Nays: Petryk, Klein Ayes: Haas, Weidt Motion failed. Executive Session — City Administrator Performance Review Haas made motion, Petryk seconded, to recess the regular City Council meeting at 8:45 to enter into executive session for the purpose of conducting the performance review for City Administrator Mike Ericson. All Ayes. Motion carried. Return to Regular Session Mayor Fran Miron called the regular session back to order. City Attorney Dave Snyder provided a summary of what was discussed. Adjournment Haas made motion, Weidt seconded, to adjourn at 9:59 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk