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HomeMy WebLinkAbout2010.10.04 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MONDAY, OCTOBER 4, 2010 Mayor Fran Mixon called the meeting to order at 7:04 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, Planner Rachel Simone, and City Clerk Michele Lindau Approval of Minutes for City Council Meeting on September 20, 2010 Weidt made motion, Petryk seconded, to approve the minutes for the September 20, 2010 City Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the TH61/130th Street Intersection Ribbon Cutting on September 21, 2010 Weidt made motion, Haas seconded, to approve the minutes for the TH61/130th Street Intersection Ribbon Cutting Ceremony held on September 21, 2010 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: Discussion on League of Minnesota Policies Discussion on Metropolitan Council Water Supply Advisory Board All Ayes. Motion carried. Judge Candidate for loth District Court — Bridgid Dowdal Judge Candidate Bridgid Dowdal requested an opportunity to introduce herself to the Hugo City Council as a judge candidate for the 10th District Court. Candidate Dowdal has 16 years of legal experience as a federal prosecutor with the U.S. Attorney's Office, as a trial attorney with the Department of Justice, as a private practitioner and partner in a small family firm, and now as Assistant Dean at William Mitchell College of Law. Candidate Dowdal stated this was a historic race. The current 10th Distinct Court Judge Thomas Armstrong filed for re-election but then withdrew from the race after the deadline for filing, stating he was retiring. The Secretary of State's Office allowed anyone who was interested in the position and could get 500 signatures to be on the ballot. This resulted in a record number of 24 candidates on the ballot. Candidate Bridgid Dowdal, if elected, would represent the eight counties in the 10th Judicial District, including Washington County. Hugo City Council Meeting Minutes for October 4, 2010 Page 2 of 9 Forest Lakes Yes for Schools Group — Laurie Kumerow Forest Lake resident Laurie Kumerow requested an opportunity to introduce herself and the Forest Lakes Yes for Schools Group, which is supporting the upcoming levy referendum for the Forest Lake School District. Laurie explained there were two questions on the ballot; one was to replace the current operating levy with one that will help make up for the lack of state funding. This would result in $77 more a year per $100,000 of home value. The other question was for a bond to make needed repairs on the 40+ -year-old school buildings to make them safer and more efficient. Approval of this bond would result in $30 a year per $100,000 home value. Miron made motion, Haas seconded, to direct staff to prepare a resolution supporting the levy for the Forest Lake School District, and present it to the Council at the next meeting. All Ayes. Motion carried. Approval of Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Reinstatement of Michael McCorkel to the Hugo Fire Department Approve Hiring of Four New Probationary Firefighters Approve Extension for 1291h Street/Peloquin Industrial Park Sewer Hookup Approve Pay Requests No. 3 for Gencon Construction for Construction of Park Shelter at Hanifl Fields Approve Annual Performance Review for Public Works Worker Adam Greeder Approve Pay Request No. 8 from Amt Construction for TH61/147th Street Intersection Project Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Reinstatement of Michael McCorkel to the Hugo Fire Department At its meeting on July 19, 2010, the City Council approved a 60 -day Leave of Absence for Firefighter Michael McCorkel, who is now requesting reinstatement to the Hugo Fire Department. Adoption of the Consent Agenda approved the reinstatement of Michael McCorkel to the Hugo Fire Department with the satisfactory approval of Fire Chief Jim Compton. Approve Hiring of Four New Probationary Firefighters Included its 2010 City budget, the Hugo Fire Department included the hiring of four additional firefighters. With the retirements of three firefighters earlier this year, the four replacements will bring the firefighter department to 30 active members. Adoption of the Consent Agenda approved the hire of Andrew Peter, Matt Richardson, Doug Millard, and John Marshall as Hugo City Council Meeting Minutes for October 4, 2010 Page 3 of 9 probationary firefighters subject to the standard pre-employment physical as well as the two year probationary period. Approve Extension for 1291h Street/Peloquin Industrial Park Sewer Hookup At the meeting of November 16, 2009, the City Council discussed connections to the City sanitary sewer system on 1291h Street and in the Peloquin Industrial Park. Staff had sent letters to property owners notifying them of changes to fees for the connections and reminding them that the one-year time period allowed for connection to the City's sanitary sewer system had lapsed. As per Council direction, staff has worked with individual property owners and the Washington County Public Health and Environment Department on a case-by-case basis to evaluate requests for extensions. Adoption of the Consent Agenda approved the extensions for connection to the City Sewer for eight properties on 129th Street and in the Peloquin Industrial Park. Approve Pay Request No. 3 from Gencon Construction for Construction of Park Shelter at Hanifl Fields The City of Hugo has received Pay Request No. 3 from Gencon Construction requesting payment for work on the park shelter at the Hanifl Fields Soccer Complex. Adoption of the Consent Agenda approved Pay Request No. 3 to Gencon Construction for construction of the Park Shelter at Hanifl Fields in the amount of $106,428.50. Approve Annual Performance Review for Public Works Worker Adam Greeder In 2007, Adam Greeder was hired by the City of Hugo as one of its summer seasonal maintenance workers in the Hugo Public Works Department. On October 6, 2008, Adam became part of the department as a full-time employee as an apprentice Public Works Maintenance Worker. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Adam Greeder. Approve Pay Request No. 8 from Arnt Construction for TH61/147th Street Intersection Proiect The City of Hugo has received Pay Request No. 8 from Arnt Construction for work completed to date on the TH61/147th Street Intersection Improvement 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. 8 to Arnt Construction in the amount of $375,270.60 for work completed to date on the TH61/147th Street Intersection Improvement Project. Approve Denial of Variance for 12173 Janero Avenue — Roger Caupal The applicant's son Joe requested this be removed from the Consent Agenda. The applicant is requesting a variance to construct a 5,200 square foot accessory building. This would result in two accessory buildings on the property with a combined total of 7,000 square feet, where 3,500 square feet is allowed by ordinance. At its September 23, 2010, meeting the Board of Zoning considered the variance request. There were three people that spoke at the public hearing that Hugo City Council Meeting Minutes for October 4, 2010 Page 4 of 9 were concerned about size, location, and access to the building, as well as trees that would be removed. The Board had discussed with the applicant the option to apply for conditional use permit to allow 25% more square footage for the accessory building. The Board unanimously recommended Council approve the resolution denying the variance request to the City Council. Planner Rachel Simone provided background on the recent case law from the Minnesota Supreme Court related to the approval criteria for variances. Staff questioned whether all the approval criteria for the variance were met and recommended denial of the variance. Joe Caupal, the applicant's son, was at the meeting and stated that even with the Conditional Use Permit there would not be enough room to store all their items inside the building. Weidt made motion, Miron seconded, to approve RESOLUTION 2010-45 APPROVING FINDINGS OF FACT DENYING A VARIANCE FOR CONSTRUCTION OF AN ACCESSORY BUILDING LOCATED AT 12173 JANERO AVENUE NORTH. All Ayes. Motion carried. Reschedule Lake Aires Neighborhood Meeting to October 11, 2010 At its September 7, 2010 meeting, Council directed staff to schedule a neighborhood meeting with residents in the Lake Aires Estates neighborhood for September 30, 2010 at 7:00 p.m. at City Hall to discuss a potential street and utility improvement project for 2011. Due to scheduling conflicts, staff requested Council reschedule the meeting. Weidt made motion, Petryk seconded, to reschedule the Lake Aires Neighborhood meeting for Monday, October 11, 2010 at 7 p.m. All Ayes. Motion carried. Reschedule Lions Park Neighborhood Meeting to October 25, 2010 At its September 7, 2010 meeting, Council directed staff to schedule a neighborhood meeting with residents in the Lions Park/City Hall neighborhood for October 11, 2010 at 7:00 p.m.at City Hall to discuss a potential street improvement project. Due to scheduling conflicts, staff requested Council approve the rescheduling of the meeting. Weidt made motion, Haas seconded, to reschedule the Lions Park/City Hall neighborhood meeting for Monday, October 25, 2010 at 7 p.m. All Ayes. Motion carried. Approve Resolution for Public Hearing on Ethan Avenue Improvements for November 1, 2010 At its July 6, 2010 meeting, the City Council authorized a feasibility report for the public improvements within the Ethan/Everton Avenue neighborhood. The city engineer prepared the Feasibility Study, and a neighborhood meeting was held to discuss the project on September 13, 2010. City Engineer Jay Kennedy explained the proposed improvements, which include Hugo City Council Meeting Minutes for October 4, 2010 Page 5 of 9 roadway reconstruction, drainage improvements, and connections to City utilities. Also discussed by Council were traffic calming measures such as a three-way stop at the intersection and installation of a median or driver feedback signs. Staff proposed holding a public hearing on Monday, November 1, 2010 at 7:00 p.m. Weidt made motion, Klein seconded, to approve RESOLUTION 2010 — 46 RECEIVING FEASIBILITY REPORT AND CALLING FOR THE PUBLIC HEARING ON THE PROPOSED IMPROVEMENT OF THE SOUTH ETHAN AVENUE ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS. Ayes: Klein, Petryk, Weidt, Haas, Miron Nays: None Motion carried. Council took a short recess. Discussion on Findings of Fact for Victor Gardens Ground Water At the September 20, 2010 meeting, Council discussed solutions to address the groundwater that has been affecting a number of residents following construction of their homes in Victor Gardens, causing flooded basements, algae and slime on the private alleyways, and constant pumping of water through sump pumps. Resident Tony Schwab had presented this issue to Council and requested, in addition to a grant from the Rice Creek Watershed District for a 50% match up to a total of $50,000, the City provide a grant to help pay for a specific project that will assist residents in dealing with this issue. Tony Schwab and Brian Krystofiak, P.E. from Carlson Professional Services explained a system of shallow pipes that would discharge the sump pump water into the pond or drainage ditch, instead of on to the streets. As directed by Council, staff had prepared a resolution with findings based on the discussion at that meeting to support funding this project. Council discussed causes for the high groundwater, and Councilmember Haas pointed out the theory in Houston Engineer's analysis was that it could be from excessive watering of lawns by the residents. Three residents from the development spoke about the problems they are having due to the high ground water level. Weidt made motion, Petryk seconded, to approve RESOLUTION 2010-47 APPROVING A GRANT TO RESIDENTS IN THE VICTOR GARDENS NEIGHBORHOOD FOR DRAINAGE IMPROVEMENTS not to exceed $45,875 for the City's portion of the project. Miron made motion, Haas seconded, to amend the motion to add a condition to the resolution to require a cursory review of the irrigation practices and water usage. All Ayes. Motion carried. Vote on original motion as amended - Ayes: Petryk, Haas, Weidt, Klein, Miron Motion carried. Hugo City Council Meeting Minutes for October 4, 2010 Page 6 of 9 Discussion on Findings of Fact and Resolution for Assessment on Property at 5648/5650 142nd Street North At the September 7, 2010 Assessment Hearing for the South Egg Lake Improvement project, the City Council heard testimony from Terry and Colleen Hantho, who own a home at 5648 and 5650142 nd Street, regarding the proposed assessment of two units for their property. Council considered this again at their September 20, 2010 meeting, and directed staff to prepare a Findings of Fact in support of a one -unit street assessment for the property based on additional testimony at the meeting. Staff had prepared two resolutions adopting for City Council consideration; one included findings of fact supporting the property for one assessment, and the other included an assessment for two units based on the assessment roll presented at the assessment hearing. Council discussed reasons for supporting one assessment. Property owner Terry Hantho stated his opinion was that the home should not be considered two units. Miron made motion, Haas seconded, to adopt the resolution approving one assessment for the Hantho property. Ayes: Haas, Miron Nays: Weidt, Klein, Petryk Motion failed. Weidt made motion, Klein seconded, to assess the property for two units and adopt RESOLUTION 2010 — 48 ADOPTING HANTHO PROPERTY ASSESSMENT FOR THE SOUTH EGG LAKE NEIGHBORHOOD IMPROVEMENT PROJECT. Ayes: Klein, Petryk, Weidt Nays: Haas, Miron Motion carried. Approve Special Event Sign Permit for Sertinos Cafe — Mickey Michlitsch Mickey Michlitsch, owner of Sertinos Caf6, is requesting to display a sign beyond the 90 days allowed per calendar year. The sign ordinance allows one special event sign and attention attracting device per business for no more than 90 calendar days per year. The owner of Sertino's Caf6 made staff aware that the business is failing and may be closing in the next 60 to 90 days. Sertino's Caf6 owner Mickey Michlitsch was not able to attend this meeting, but Planner Rachel Simone provided Council with information on Mickey's request. He has used his limit of 90 days for this year but would like to have the sign displayed for the month of October. He has stated that this may help people know where he is located by being visible from County Road 8. Miron made motion, Petryk seconded, to approve a sign to be located through the month of October. All Ayes. Motion carried. Hugo City Council Meeting Minutes for October 4, 2010 Page 7 of 9 Schedule Date for Board of Canvas Meeting On Tuesday, November 2, 2010, the City of Hugo will participate in the General Election including Council Member Ward 1 and Ward 3 and Mayoral races. As Council is aware, the results of the voting at the General Election needs to be certified by the City of Hugo acting as the Board of Canvass between November 5, 2010 and November 12, 2010. Weidt made motion, Haas seconded, to schedule the Board of Canvas meeting for November 5, 2010 at 8:00 a.m. to formerly certify the results of the November 2, 2010 General election. All Ayes. Motion carried. Schedule October 12, 2010 for Ribbon Cutting Ceremony for TH61/147th Street Intersection As Council is aware, Arnt Construction is completing the final work on the TH61/147th Street intersection improvement project which includes a traffic control signal, turn lanes, and a pedestrian crosswalk. Miron made motion, Haas seconded, to schedule the Ribbon Cutting Ceremony for Tuesday, October 12, 2010 at 11:00 a.m. and direct staff to invite any and all residents and business owners in the neighborhood. All Ayes. Motion carried. Schedule Annual City of Hugo Holiday Gathering for Thursday, December 2, 2010 at the American Legion Annually, the City of Hugo selects a date on which to hold the City of Hugo's annual holiday gathering of Council, Commission, and City staff. City staff has been successful in securing the first Thursday in the month of December at the Hugo American Legion on which to hold the City's annual holiday gathering. Haas made motion, Weidt seconded, to schedule Thursday, December 2, 2010 at 5:30 p.m.at the Hugo American Legion for the City's annual holiday gathering and invite commissions, City staff, and the public to attend. All Ayes. Motion carried. Discussion on League of Minnesota Policies Councilmember Haas added this to the agenda. Council has been made aware of policies the League of Minnesota Cities is starting to develop for the 2011 legislative session. The 2010 City Policies publication contains more than 100 policies, including the League's legislative initiatives and defensive positions on a number of issues. Councilmember Haas stated these polices needed to be reviewed to determine if the City does, or does not, want to support it. Hugo City Council Meeting Minutes for October 4, 2010 Page 8 of 9 Haas made motion, Weidt seconded, to direct staff to review these policies and bring back to the Council those that may be of concern to the City. All Ayes. Motion carried. Discussion on Metropolitan Council Water Supply Advisory Board Councilmember Haas added this to the agenda. Haas is a committee member on the Metropolitan Area Water Supply Advisory Committee, which was instrumental in the development of the Metropolitan Area Master Water Supply Plan. Haas requested approval from the Council to make the Water Supply Advisory Committee aware of comments made by Dale Homuth, MN DNR Regional Hydrologist, at a recent public meeting in the council chambers at the City of White Bear Lake that was held to discuss the low water levels of White Bear Lake. Mr. Homouth indicated the problem was due to the construction of Water Tower No. 6 in Hugo and the amount of water that was being pumped as part of testing the well. Haas made motion, Petryk seconded, to direct Councilmember Haas and City Engineer Jay Kennedy to bring this issue to the Water Supply Advisory Committee and to report back to the Council on this issue. Miron made motion, Petryk seconded, to amend the motion to include direction to staff to notify the City's State Legislators to apprise them of this issue. All Ayes. Motion carried. Vote on Motion as amended - All ayes. Motion carried. Update on September 28, 2010 Spay and Neutering Dav and October 2, 2010 Pet Vaccination Day At its August 16, 2010 meeting, the Council listened to a presentation from Planner Rachel Simone as she sought support for the City's first ever spay and neuter day in Hugo and Pet Vaccination day for cats and dogs in the community. The Spay and Neutering Day was held on September 28, 2010 and Pet Vaccination Day was held on October 2, 2010. City Planner Rachel Simone informed Council both events were a success. There were 75 vaccinations performed and 21 dogs licensed on Pet Vaccination Day. October 5, 2010 Candidates Forum at Hugo City Hall City Administrator Mike Ericson provided a friendly reminder to the Council and public that a candidate forum has been scheduled for 7 p.m. on Tuesday October 5, 2010 at Hugo City Hall in the Council Chambers. This forum will be sponsored by the League of Women Voters and is open to the public. This forum and will be televised and replayed on Cable Channel 16. Hugo City Council Meeting Minutes for October 4, 2010 Page 9 of 9 October 15, 2010 Glamos Ribbon Cutting City Administrator Mike Ericson provided a friendly reminder to the Council and public that a grand opening celebration will be held on Friday, October 15, 2010 from 11:00 a.m. — 2 p.m. in order to officially celebrate the opening of the new Glamos Wire office building located at 5561 152nd Street North in the Peloquin Industrial Park. Adjournment Haas made motion, Klein seconded, to adjourn at 9:58 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk