HomeMy WebLinkAbout2007.02.05 CC MintuesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF FEBRUARY 5, 2007
Acting Mayor Becky Petryk called the meeting to order at 7:10 pm.
PRESENT: Granger, Haas, Petryk, Puleo, Miron (Mayor Miron arrived at 7:12 pm)
City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer
Jay Kennedy, Finance Director Ron Otkin, PW Director Chris Petree, and City Clerk Mary Ann Creager
CITY COUNCIL MEETING OF JANUARY 15.2007
Granger made motion, Petryk seconded, to approve the minutes for the January 15, 2007 goal setting
session meeting held jointly with the Planning Commission and Parks Commission, as presented.
All aye. Motion Carried.
CITY COUNCIL MEETING OF JANUARY 16, 2007
Haas made motion, Puleo seconded, to approve the minutes for the January 16, 2007 meeting as
presented.
All aye. Motion Carried.
CITY COUNCIL MEETING OF JANUARY 25, 2007 (2008 COMPREHENSIVE PLAN)
Haas made motion, Petryk seconded, to approve the minutes for the January 25, 2007 meeting held with
the EDA, Planning Commission, and Parks Commission to discuss the 2008 comprehensive plan review
process as presented.
All aye. Motion Carried.
APPROVAL OF AGENDA
Miron made motion, Haas seconded, to approve the agenda for February 5, 2007 as presented.
All aye. Motion Carried.
PRESENTATION OF CITIZEN PETITION FOR A CITY AUDIT BY THE STATE AUDITOR
On January 24, 2007, City staff received a certified mail envelope from nine and five Hugo citizens
respectively requesting a City audit by the Minnesota State Auditor. The individuals signing the letters
include two former mayors and a former planning commissioner. They specifically asked Council to
submit a formal request for a state audit of all of the City's books, records, accounts, and affairs and any
operational units, activity, project, or enterprise of or associated with the City for the years 2004, 2005,
and 2006. This petition letter raises a number of legal and public policy issues. Staff shared and
discussed the petition letters with State of Minnesota Auditor Rebecca Otto and City Attorney Dave
Snyder for their formal legal comment. Staff also shared the petition letters with City auditor Smith
Shafer, who has completed the City's annual independent audit for the past four years. The petition
letters themselves do not meet the statutory definition to formally request an audit of the City's books
and City staff sought direction from Council as to its public policy position on these petition letters. City
Council meeting of February 5, 2007
Page 2
Otkin presented Council with an overview of past audits completed by five different accounting firms,
all of which have declared the City books to be in compliance with State Statute auditing guidelines.
Jason Miller, principal from the City's auditor Smith Schafer, stated that the City's books have been
audited according to legal requirements and stated that City books are in order and in compliance with
State Statute auditing guidelines. Kevin Church addressed Council outlining five reasons why he signed
the petition letter. Victoria Hoffbeck and Mike McAllister, also signers of the petition letter, addressed
Council but failed to identify any reason why the City should request a state audit. Resident Steve Heinz
stated that he did not want taxpayers dollars spent on another audit without a legitimate reason.
Haas made motion to table the issue for a request of a state audit until specific issues are provided.
Attorney Dave Snyder recommended Council take action on the request stating the matter could be
reopened at a later time.
Motion failed for lack of a second.
Puleo made motion, Granger seconded, to deny the petition letter request to move forward with a state
audit and expend taxpayer dollars due to a lack of any specific reason.
Haas made motion, Miron seconded, that Council can reconsider the matter upon receipt of specific
information.
VOTE ON AMENDMENT: All aye. Motion Carried
VOTE ON ORIGINAL MOTION: All aye. Motion Carried.
Miron made motion, Haas seconded, directing staff to schedule a workshop for future financial planning
with respect to trends as outlined in the memo from Kevin Church, and notify petition letter signers once
a date and time has been determined.
All aye. Motion Carried.
CONSENT AGENDA
Haas made motion, Granger seconded, to approve the following Consent Agenda:
Approval of Claims
Approve Date Change to February 20, 2007 for Second Council Meeting Due to Federal Holiday
(President's Day)
Approve Bridge Bond Request to MnDOT for Bald Eagle Lake Outlet
Approve Rescheduling Public Hearing to April 2, 2007 for TIF District
Approve Satisfactory Completion of Probationary Period and Appointment to Regular
Employee Status for Public Works Worker Jeff Maas
Approve Acquisition of Easements for 12Vh Street Public Improvement Project
Approve Resignation of Administrative Intern Matt Stemwedel
All aye. Motion Carried.
City Council meeting of February 5, 2007
Page 3
APPROVAL OF CLAIMS
Adoption of the Consent Agenda approved the claims roster for February 5, 2007 as presented.
APPROVE DATE CHANGE TO FEBRUARY 20.2007 FOR 2ND COUNCIL MEETING DUE TO
FEDERAL HOLIDAY (PRESIDENT'S DAY)
Adoption of the Consent Agenda changed the second regular Council meeting in February to Tuesday,
February 20, 2007 in observance of the President's Day federal holiday.
APPROVE BRIDGE BOND REQUEST TO MNDOT FOR BALD EAGLE LAKE OUTLET
Over the past year, Council has been discussing with City staff the 129" Street public improvement
project. Included in its discussions with City Engineer Jay Kennedy, Council members agreed that the
bridge on 129" Street is in very poor condition and needs to be replaced. The City Engineer and City
staff have reviewed funding options and explored that a real opportunity is available with a formal
request to MnDOT to fund the replacement bridge. Adoption of the Consent Agenda adopted
Resolution 2007-5 approving the bridge bond request to MnDOT for the replacement of the bridge on
129d' Street over the Bald Eagle Lake outlet.
APPROVE RESCHEDULING PUBLIC HEARING TO APRIL 2.2007 FOR TIF DISTRICT
At its January 16, 2007 meeting, Council scheduled the public hearing for the downtown tax increment
financing (TIF) district for Monday, March 5, 2007, due to scheduling conflicts and legal requirements.
Adoption of the Consent Agenda rescheduled the public hearing to Monday, April 2, 2007.
APPROVE SATISFACTORY COMPLETION OF PROBATIONARY PERIOD AND
APPOINTMENT TO REGULAR EMPLOYEE STATUS (PW WORKER JEFF MAAS)
Jeff Maas was hired by the City on July 24, 2006 as one of the new public works maintenance workers.
Over the past six months, Jeff has worked hard and demonstrated an excellent work ethic in completion
of his duties as a public works worker. Jeff is a pleasant, conscientious, and skilled worker, who quickly
and successfully became a member of the public works department team. Adoption of the Consent
Agenda approved the satisfactory completion on the probationary period and appointed Jeff' Maas to
regular employee status.
APPROVE ACQUISITION OF EASEMENTS FOR 129f STREET P.I. PROJECT
City staff has worked with property owners to acquire easements for the location of municipal sewer and
water line as part of the 129" Street public improvement project. Staff is pleased to announce that it has
acquired the necessary easements to locate the municipal sewer and water lines on property owners'
private property. Adoption of the Consent Agenda approved the acquisition of easements as prescribed
in the easement documents.
City Council meeting of February 5, 2007
Page 4
APPROVE RESIGNATION OF ADMINISTRATIVE INTERN MATT STEMWEDEL
City Administrator Mike Ericson recommended Council accept the resignation of administrative intern
Matt Stemwedel, as he has accepted a position with the City of Woodbury. Matt has done a great job
completing numerous tasks for the City Administrator and City Clerk. Matt's last day with the City will
be February 16, 2007. Adoption of the Consent Agenda approved the resignation of the administrative
intem Matt Stemwedel and authorized to advertise for his replacement.
AWARD OF BID —129TH STREET PUBLIC IMPROVEMENT PROJECT
The City received a total of eight bids for the 1290' Street Public Improvement project, which were
opened on January 5, 2007; the low bidder for the project is C.W. Houle, Inc., in the amount of
$519,147.50. The Engineer's estimate for the project was $676,000. Council will revisit the assessment
roll issue when the project is near completion.
Haas made motion, Granger seconded, to award the 1290' Street public improvement contract to low
bidder C.W. Houle in the amount of $519,147.50.
All aye. Motion Carried.
DISCUSSION ON WASHINGTON COUNTY OPEN SPACE REFERENDUM (JANE HARPER.
WASHINGTON COUNTY)
At its January 16, 2007 meeting, City staff presented Council with the information materials regarding
Washington County and its open space referendum, which was passed by voters last November. Council
was very interested in the program, and provided staff with additional questions, which had been raised
by the Parks and Recreation Commission members as part of their of review of the successful
referendum. Jane Harper, project manager for acquisition of properties for inclusion in the "Land and
Water Legacy" program, along with Washington County Commissioner Dennis Hegberg, were present
to discuss the referendum. Ms. Harper stated that Washington County was in a position to hold
conservation easements, as are required in the City's new rural and open space ordinance. No formal
Council action was taken.
DISCUSSION ON CODE VIOLATIONS AT 14069 FINALE AVENUE (LOWELL)
City staff has received many complaints relating to repeated non-compliance with the conditions of the
Special Use Permit issued to 14069 Finale Avenue North. The SUP was issued February, 1998, to allow
for the use of an existing building to house an auto repair and an auto body business, and to allow
limited exterior storage. Violations of the SUP dating back to April 1998 have been observed on the
property, generally relating to the extent of exterior storage, fencing and screening, parking area,
drainage control, and signage. Staff has been in contact with the owner of the business numerous times
and informed him of the violations. Despite repeated requests, the property owner has failed to bring the
property into compliance with the SUP; City staff has prepared a Findings of Fact resolution calling for
revocation of the SUP. The property owner's legal counsel, Jim Hamilton, addressed Council requesting
the matter be tabled for two weeks to allow the property owner and Council to come to some resolution
of the problem thereby eliminating the need to litigate. He stated that the present tenant would be out of
the building by March 1, 2007.
City Council meeting of February 5, 2007
Page 5
Miron made motion, Granger seconded, to adopt RESOLUTION 2007-6 APPROVING FINDINGS OF
FACT APPROVING THE REVOCATION OF THE SUP FOR 14069 FINALE AVENUE NORTH.
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
DISCUSSION ON PUBLIC TRANSIT/BUS SERVICE IN CITY
Mayor Fran Miron had a discussion with Hugo residents, Roger and Joyce Amundson, who questioned
why the City does not receive bus service. Mayor Miron requested that Council include this item on a
Council agenda and invite Roger and Joyce to the Council meeting in order to listen to their concerns
and request for public bus service in the City of Hugo. Roger and Joyce were in attendance and outlined
reasons why Hugo needed public transportation. Washington County Commissioner Dennis Hegberg
stated that the county is working on creation of a transit station at its new facility in Forest Lake, and that
HIS is available to provide a pickup service to county residents, and unfortunately, it will take a number
of years to provide public transportation to this area. City Administrator Mike Ericson and Hugo Senior
Citizen Club President Marvella Gamboni currently serve on a WBL area Senior Citizens Task Force,
which is looking into transportation issues facing seniors. He will bring the Amundsons' concerns to the
next meeting and report back to Council.
UPDATE ON OAKSHORE PARK BOA MEETING ON JANUARY 11, 2007 AND SALE OF
PARK
As residents of the Oakshore Park neighborhood, Council members Petryk and Granger removed
themselves from discussion on this issue and left the dais . On Thursday, January 11, 2007, the
homeowners' association from the Oakshore Park neighborhood held a meeting to discuss the public
improvement project slated in their neighborhood in 2007, as well as the transfer of the 10 -acre park to
the City. CD Director Bryan Bear presented Council a development agreement prepared by City
Attorney Dave Snyder in order to allow the City to transfer ownership of the Oakshore Park 10 -acre park
to the City. PW Director Chris Petree also provided Council with a preliminary schedule for Parks
Commission plans to begin the City park project and subsequent submission to Council of its
conclusions and recommendations.
Haas made motion, Puleo seconded, approving the Development Agreement conveying ownership of the
Oakshore Park park property to the City of Hugo.
All aye. Motion Carried.
Miron made motion, Haas seconded, to accept the proposed timeline for improvements to the park
property and move forward with the project.
All aye. Motion Carried.
Council members Petryk and Granger did not vote on these matters.
City Council meeting of February 5, 2007
Page 6
APPROVE EXTENSION OF FILING DEADLINE FOR SUNSET SHORES FINAL PLAT
(WLASHCIN)
City staff received a letter from Mr. Dave Wlaschin requesting approval to extend the filing deadline for
the final plat. According to the City ordinance, the developer has 60 days following approval of a final
plat to have it recorded with Washington County. The Wlaschins' have requested a one-year extension
due to extenuating circumstances outlined in the letter.
Haas made motion, Petryk seconded, approving extension of the filing deadline for Sunset Shores final
plat for a one-year period of time, expiring on February 17, 2008.
All aye. Motion Carried.
APPROVE EXTENSION FOR SUBMITTAL OF FINAL PLAT FOR ENCHANTED WATERS
(JIM BEVER)
City staff received a letter from Mr. Jim Bever requesting approval to extend the application deadline for
submitting the final plat. The preliminary plat for Enchanted Waters has been approved, but the final
plat has not been submitted due to extenuating circumstances outlined in an attached letter. According
to the City ordinance, the developer has four months to submit a final plat; however, state statute would
appear to allow a one-year period of time.
Miron made motion, Petryk seconded, approving extension for submittal of a final plat for Enchanted
Waters to August 6, 2007.
All aye. Motion Carried.
SCHEDULE INTERVIEW FOR VACANCY ON PLANNING COMMISSION
A vacancy was created on the Planning Commission at the end of 2006 when a planning commissioner
was not reappointed to the Planning Commission by Council. Staff advertised for the vacancy, with a
deadline of January 19, 2007 and received one application.
Miron made motion, Granger seconded, directing staff to schedule a date for Council and Planning
Commission Chair Dave Schumann to interview the candidate for the Planning Commission vacancy.
All aye. Motion Carried.
SCHEDULE DATE OF PUBLIC WORKSHOP FOR 2008 COMPREHENSIVE PLAN
On January 25, 2007, Council kicked off the City's review of its comprehensive plan with a joint
meeting with member of the EDA, Planning Commission, Parks and Recreation Commission, and City
staff members. Council agreed with the process presented by staff, which would include a number of
public workshops and public meetings held with residents to review the various components of the
City's comprehensive plan, which needs to be reviewed and updated by 2008 in accordance with the
Metropolitan Council mandate.
City Council meeting of February 5, 2007
Page 7
Miron made motion, Petryk seconded, to approve February 26, 2007 as the date for the first public
workshop for the City review its 2008 comprehensive plan.
All aye. Motion Carried.
TABLED AGENDA ITEMS
Because of the late time:
Puleo made motion, Petryk seconded, to table the following agenda items until the City Council meeting
of February 20, 2007: discussion on public workshop to review City ordinance on storage of recreation
vehicles; discussion on 2007 City Focus Goals; and discussion on January 25, 2007 meeting with septic
haulers and MCES officials; and selection of City for North Metro Historical Commissions' meeting on
February 20, 2007.
All aye. Motion Carried.
ADJOURNMENT
Granger made motion, Haas seconded, to adjourn at 10:00 pm.
All aye. Motion Carried.
At
Mary AnW� eager
City Cler