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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