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HomeMy WebLinkAbout2007.06.04 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JUNE 4, 2007 Mayor Fran Miron called the meeting to order at 7:05 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Finance Director Ron Otkin, Planner Kendra Lindahl, PW Director Chris Petree, and City Clerk Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL MEETING OF MAY 21, 2007 Haas made motion, Petryk seconded, to approve the minutes for the May 21, 2007 meeting as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF MAY 23, 2007 — 2008 COMPRENSIVE PLAN Haas made motion, Petryk seconded, to approve the minutes for the May 23, 2007 meeting held in the Oneka Room for the public workshop on the 2008 comprehensive plan as presented. All aye. Motion Carried. APPROVAL OF AGENDA Miron made motion, Haas seconded, to approve the agenda for June 4, 2007 as amended. Add. G.10 — Approve Peddler's License for The Southwestern Company to Sell Educational Books All aye. Motion Carried. RECOGNITION OF GIRL SCOUT GOLD AWARD RECIPIENTS: LILY FRINK, AMANDA SCHEID, AND MARGARET CRABTREE Mayor Fran Miron informed City staff that Alice Waller's niece, Margaret Crabtree, and two of her troop mates, had earned the Girl Scout Gold Award. As Council is aware, the Gold Award is the highest honor a Girl Scout can receive, similar to that of the Boy Scout Eagle Scout Award. Mayor Miron publicly recognized Lily Frink, Amanda Scheid, and Margaret Crabtree, who are seniors at WBL High School. He requested that staff prepare Certificates of Recognition for the Girl Scouts. CONSENT AGENDA Haas made motion, Granger seconded, to approve the following Consent Agenda: Approval of Claims Approve PUD Amendment for Victor Gardens North 4"' Addition (Blue Heron Grill) Approve Preliminary and Final Plat for Victor Gardens North 4t' Addition Approve Outside Patio for Carpenters Restaurant for Consumption of Alcohol during GND Approve Authorization for Staff to Demolish House at 14593 Forest Blvd. City Council meeting of June 4, 2007 Page 2 Approve Variance for Construction of a Deck and Pool at 5971 Egg Lake Road (Hanson) Approve Pay Request No. 4 from Keys Well Drilling for Work Completed on Well No. 5 Approve Peddler's License for The Southwestern Company to Sell Educational Books All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for June 4, 2007 as presented. APPROVE PUD AMENDMENT FOR VICTOR GARDENS NORTH VILLAGE 4TH ADDITION BLUE HERON GRILL) United Properties is seeking approval of a PUD amendment for a replat of the Victor Marketplace lot and existing outlot to create 3 lots: one lot for the existing Victor Marketplace (Festival Foods), one lot for an 8,100 -square foot restaurant called the "Blue Heron Grill", and one for a 4,910 -square foot future bank. The Planning Commission held a public hearing at its May 10th meeting and recommended approval of the request. Adoption of the Consent Agenda adopted Resolution 2007-25 approving the PUD general plan for Victor Gardens North Village 0 Addition. United Properties is seeking approval of a preliminary plat and fmal plat for a replat of the Victor Marketplace lot and existing outlot to create 3 lots: one lot for the existing Victor Marketplace (Festival Foods), one lot for an 8,100 -square foot restaurant called the "Blue Heron Grill" and one for a 4,910 - square foot future bank. The Planning Commission held a public hearing at its May 10th meeting and recommended approval of the request. Adoption of the Consent Agenda approved adoption of Resolution 2007-26 approving the preliminary plat and Resolution 2007-27 approving the final plat and development agreement for Victor Gardens North Village 4& Addition. APPROVE OUSIDE PATIO FOR CARPENTERS RESTAURANT FOR CONSUMPTION OF ALCOHOL DURING GOOD NEIGHBOR DAYS Carpenters Restaurant has made application to the City for permission to fence in a portion of the parking lot for patrons to consume alcohol outside of the building. City staff has reviewed City ordinance, which regulates such activity. Adoption of the Consent Agenda approved Carpenters Restaurant to fence off an area of their parking lot and allowed for the consumption of alcohol outside the restaurant during Good Neighbor Days. APPROVE AUTHORIZATION FOR STAFF TO DEMOLISH HOUSE AT 14593 FOREST BLVD. In 2000, the City purchased the former Erickson residence after their mom, Mona, passed away. Over the past seven years, the City has rented to the three Erickson children. City staff has been informed by the Erickson's social workers that they will be moving to the Twin Pines Trailer Park, just north of City Council meeting of June 4, 2007 Page 3 downtown Hugo. They intend to vacate the premises on Saturday, June 9h. The house has significant structural problems that are very costly to repair. Adoption of the Consent Agenda authorized staff to complete the pre -demolition survey and solicit competitive quotes for the demolition of the house. APPROVE VARIANCE FOR CONSTRUCTION OF DECK AND POOL AT 5971 EGG LAKE ROAD (HANSOM The applicant is requesting a variance from the rear yard setback for construction of a deck that will include a swimming pool. The applicant would like to construct the deck 10 feet from the rear property line where 30 feet is required by ordinance. The City ordinance requires decks and pools to be constructed within the setback lines. In this case the required setback is 30 feet from the rear yard property line. The Board of Zoning and considered this item at its meeting on May 24, 2007 and voted to recommend approval of the variance. Adoption of the Consent Agenda approved a variance for the construction of a deck and pool at 5971 Egg Lake Road. APPROVE PAY REQUEST #4 FROM KEYS WELL DRILLING FOR WORK COMPLETED ON WELL NO.5 City staff has received pay request No. 4 from Keys Well Drilling Company for work completed to date on the well No. 5 in the Waters Edge neighborhood. City Engineer Jay Kennedy and PW Director Chris Petree have reviewed the pay request and found it to be consistent for work completed to date on the project. Adoption of the Consent Agenda approved pay request No. 4 from Keys Well Drilling, in the amount of $24,904.25, for work completed to date on well No. 5. APPROVE PEDDLER'S LICENSE FOR THE SOUTHWESTERN COMPANY TO SELL BOOKS DOOR TO DOOR City staff received an application from The Southwestern Company for a peddler's license to conduct door-to-door sales of educational books. City staff has been working with the WCSO in reviewing the application, as well a conducting research of peddler activities in other communities, as required under City ordinance. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the peddler's license for The Southwestern Company to conduct door- to-door sales of educational books. APPROVE ON-SALE/SUNDAY LIQUOR LICENSES AND 2:00 AM CLOSING FOR THE BLUE HERON GRILL AT 14725 VICTOR HUGO BLVD. Council member Puleo requested this item be pulled from the Consent Agenda. The City received an application from Chad Wagner d/b/a the Blue Heron Grill for an on -sale liquor license and Sunday liquor license to allow the sale alcohol at his new restaurant in the Victor Market Place shopping center. Owner/applicant Chad Wagner has had a background investigation completed by the WCSO, as a requirement of City code. The WSCO has completed its investigation and found Mr. Wagner to be a sound and responsible owner/operator. City received the necessary liquor liability insurance, and after a complete and thorough review, finds all application materials to be in order. Council member Puleo questioned if they had received site plan approval and it was noted that it was granted in the previous Consent Agenda approval. City Council meeting of June 4, 2007 Page 4 Puleo made motion, Haas seconded, to approve the application for an on -sale liquor license, Sunday liquor license, and 2:00 am closing time for Chad Wagner d/b/a the Blue Heron Grill at 14725 Victor Hugo Blvd. All aye. Motion Carried. APPROVE PEDDLER'S LICENSE FOR SALE OF SECURITY SYSTEMS (PRO ALARM) Council member Puleo requested this item be pulled from the Consent Agenda. City staff received an application from Pro Alarm for a peddler's license to conduct door-to-door sales of home security systems. City staff has been working with the WCSO in reviewing the application, as well a conducting research of peddler activities in other communities, as required under City ordinance. City staff reviewed the application and found it to be satisfactorily complete. Council member Puleo questioned whether these license approvals were to be granted administratively. City Administrator Mike Ericson felt it important that Council and residents know who will be selling door-to-door community. Puled made motion, Haas seconded, to approve the peddler's license for Pro Alarm to conduct door-to- door sales of home security systems. All aye. Motion Carried. ASSESSMENT HEARING FOR OAKSHORE PARK NEIGHBORHOOD P.I. PROJECT As property owners in the proposed improvement neighborhood, Council members Becky Petryk and Mike Granger did not participate in discussions and removed themselves from the Council dais. At its May 7, 2007 meeting, Council received the bid results from City Engineer Jay Kennedy for the Oakshore Park neighborhood public improvement project. Council directed staff to schedule an assessment hearing prior to the award of bid for the project. Council adopted a resolution scheduling a public hearing for Monday, June 4, 2007, at or after 7:00 pm, in order to take public comment from residents living in the Oakshore Park neighborhood. City Engineer Jay Kennedy provided a PowerPoint presentation outlining the project, as well as associated costs. Jay noted that the RCWD is giving consideration to a $50,000 grant to help defray the cost of the project. Mayor Fran Miron opened the public hearing for any and all public comment regarding the public improvement project. Nick Steckhahn, 4886 126' Street, spoke on behalf of the homeowners association, and thanked the City for all due consideration to make the project happen. Pete Pedersen, 4826 126' Street, asked if the CIF covered over sizing of the pipes. David Black, 4914 126' Street, stated that if the RCWD grant was approved, he would like to see the money used to support the project. Kitty Jensen, 12739 Ethan Avenue, had questions about her sprinkling system located between her house and the street. Jesse Roush, 4776 126' Street, felt the assessment was excessive, make sure center of road is accurate, assessment prepayments should get a reduction for as they would not require bonding costs, and wanted a more detailed breakdown of costs already expended towards the project. Chuck Svendsen, 4771 126' Street, questioned the "quality" of the new road and requested a list of potential contractors for utility hookups. City Council meeting of June 4, 2007 Page 5 Darlene Andersen, 4669 126`" Street, asked if residents could keep their existing wells for watering. Jeff Peterson, 12598 Ethan Avenue, questioned when payments could be made and when construction would start/end. Jim Compton, 4741 126" Street, asked if a ditch in his backyard could be cleaned during the project to help drainage on his property. Arlo Halsey, 4747 126" Street, questioned the City's assessment policy as it relates to the construction of the road. Mayor Miron closed the public hearing for Council discussion. Council discussed the possible grant money and how it would allocated. Finance Director Ron Otkin suggested that a construction fund be set up, and at the end of the project, provide a rebate to property owners should there be excess in the fund. Homeowners will be mailed a letter explaining the construction project in more detail. Haas made motion, Puleo, seconded, to adopt RESOLUTION 2007-28 ADOPTING ASSESSMENTS FOR THE OAKSHORE PARK IMPROVEMENT PROJECT. VOTING AYE: Haas, Puleo, Miron ABSTAINED: Granger and Petryk Motion Carried. OAKSHORE PARK NEIGHBORHOOD PUBLIC IMPROVEMENT PROJECT At its May 7, 2007 meeting, Council reviewed the bids for the Oakshore Park public improvement project. City staff opened bids on Friday, April 27, 2007, with a total of eight bidders on the project. The apparent low bidder is Arcon Construction Company, Inc., in the amount of $1,148,971.29. Haas made motion, Puleo seconded, to award the contract for the Oakshore Park neighborhood public improvement project to low bidder, Arcon Construction Company, Inc., in the amount of $1,148,971.29, subject to review and approval by the City Attorney. VOTING AYE: Haas, Puleo, Miron ABSTAINED: Granger and Petryk All aye. Motion Carried. UPDATE FROM CITY ATTORNEY ON LITIGATION SETTLEMENT WITH WASHINGTON COUNTY AND MARVIN AND JUDY LAVALLE FOR CSAH 8 AND ONEKA PARKWAY At its May 7, 2007 meeting, Council held an executive session in order to allow the City Attorney Dave Snyder to provide an update on the proposed settlement with Marvin and Judy LaValle and Washington County for the property acquired for CR8 and Oneka Parkway. On Tuesday, May 8, 2007, the Washington County Board held its meeting to consider the proposed settlement agreement between their attorneys and those representing the LaValle family. Dave explained there are still discussion ongoing and reqeusted that this matter be tabled for further consideration. Miron made motion, Haas seconded, to table this matter until such time as notified by the City Attorney. All aye. Motion Carried. City Council meeting of June 4, 2007 Page 6 SCHEDULE CITY-WIDE BUS TOUR WITH CITY COUNCIL AND COMMISSIONS In 2006, Council included in its City focus goals a City-wide bus tour with Council and Commissions in order to provide hands-on and interactive sit visits of the construction projects, retail projects, and City parks and facilities. City staff requests direction from Council as to the scheduling of a City-wide bus tour for 2007 with Council, Commissions, and staff. This issue was tabled by Council at its May 7, 2007 meeting due to the absence of Council member Mike Granger. Granger made motion, Haas seconded, to schedule Tuesday, September 18, 2007, at 3:00 pm to conduct a City-wide bus tour with City Council and City Commissions. All aye. Motion Carried. RECOMMENDATION FROM PLANNING COMMISSION TO APPROVE REVISED RURAL AND OPEN SPACE ORDINANCE AND CONSIDERATION OF A MORATORIUM At its April 16, 2007 meeting, the City Council considered a moratorium on development related to the Rural and Open Space Ordinance. Council tabled this discussion until the Planning Commission completed revisions to the ordinance. At its May 24, 2007 meeting, the Hugo Planning Commission considered revisions to the current rural and open space ordinance as directed by the City Council. After discussion, the Commission agreed to make a few minor revisions of the ordinance, which were identified in a PowerPoint presentation by CD Director Bryan Bear. After Council discussion, it was agreed that a moratorium was not needed. Granger made motion, Haas seconded, to table this matter to allow additional public input and reaction, and schedule a public hearing to discuss the revised ordinance. All aye. Motion Carried. APPROVE PRELIMINARY PLAN, PUD GENERAL PLAN, AND REZONING FOR ONEKA SQUARE At its May 24, 2007 meeting, the Hugo Planning Commission listened to a presentation from developers for the Oneka Square project locate at the northeast corner of TH61 and 120'" Street. Developers Jason Brown and Terry Thompson presented a plan, which had been revised after original concept plans were reviewed by the City Council, Planning Commission, and EDA. The Planning Commission voted to unanimously recommend to Council approval of the preliminary plat, PUD general plan, and rezoning to allow for the construction of a 9,934 square foot retail building and a 1,737 square foot restaurant/coffee shop building. Council discussed at length the proposed project and agreed it was not ready to vote for approval until the following issues were discussed further: building architecture, tenant mix, parking, the need for a PUD, and development of the outlot. Puleo made motion, Petryk seconded, to table this matter until June 18, 2007 to allow developers to work with staff and Council members to resolve Council concerns. All aye. Motion Carried. City Council meeting of June 4, 2007 Page 7 DISCUSSION ON ISSUE WITH SEAPLANES ON ONEKA LAKE (JOE SAN CARTIER) Joe San Cartier lives at 15125 Greene Avenue, which is south of Oneka Lake and east of the Sweet Grass Meadows neighborhood. For several years, Joe has discussed with City staff issues he has with seaplanes landing and taking off on Oneka Lake. Administrative intern Nathan Ehalt has been working with Joe to explain all issues related to the seaplane activities on Oneka Lake. In short, this practice is legal and regulated by the State of Minnesota. Joe was afforded an opportunity to appear before Council to discuss his frustration with the noise associated with the seaplane activity. Council agreed that the seaplane noise may be a nuisance. Miron made motion, Granger seconded, directing staff to schedule a meeting with state agency and airplane schools in an effort to get some controls, such as possible limits on times and days of seaplane activity. All aye. Motion Carried. Because of the late hour: Petryk made motion, Granger seconded, to table the following agenda items until June 18, 2007: discussion of future municipal water supply system (CIP); approve recommendation from EDA for creation of City cable TV show, "That's Hugo Today"; and May 23, 2007 public open house on 2008 comprehensive plan. All aye. Motion Carried. ADJOURNMENT Haas made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried. MaryFrk reager City C