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HomeMy WebLinkAbout2006.01.02 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JANUARY 3, 2006 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, Assistant City Attorney Mark Vierling, City Engineer Jay Kennedy, City Planner Kendra Lindahl, and Senior Engineering Scott Anderson APPROVE MINUTES FOR CITY COUNCIL OF DECEMBER 19, 2005 Haas made motion, Petryk seconded, to approve the minutes for the December 19, 2005 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Miron made motion, Granger seconded, to approve the agenda for January 3, 2006 as presented. All aye. Motion Carried. APPROVAL OF CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approve Appointment of Acting Mayor Approve Appointment of City Engineer Approve Appointment of City Planner Approve Appointment of City Attorney Approve Appointment of Financial Advisor Approve Appointment of Civil Defense Director Approve Appointment of Depository for City Funds Approve Appointment of Official Newspaper Approve Appointment of Board of Zoning Appeals Approve Appointment of Chairperson and Vice Chair for Planning Commission Approve Appointment of Chair and Vice Chair for the Parks and Recreation Commission Approval of Claims Approve Supplemental Law Enforcement Services Agreement for Bald Eagle Lake Approve Authorization to Advertise for CD Intern Approve Authorization to Advertise for Building Department Secretary Approve Reappointment of Grace Waugh, Pam Videen, Kitty Cheesebrow, Vi Maslowski, and Cynthia Schoonover to Historical Commission Approve Appointment of Marvella Gamboni to the Historical Commission Approve Variance for Side Yard Setback in Peloquin Industrial Park (Atkinson) Approve Acceptance of Public Infrastructure in the Fable Hill Development All aye. Motion Carried. City Council meeting of January 3, 2006 Page 2 APPROVE APPOINTMENT OF ACTING MAYOR Each year, the Council appoints a member of the Council for the position of acting Mayor. Adoption of the Consent Agenda appointed Council member Becky Petryk as acting Mayor for the year 2006. APPROVE APPOINTMENT OF CITY ENGINEER WSB Engineers has been the City Engineer for the past two years. Jay Kennedy has handled the day-to- day duties, and Pete Willenbring continues as the water resource engineer. WSB has provided an excellent level of service to the City over the past year and staff is very pleased with their work. Adoption of the Consent Agenda appointed Jay Kennedy as the City Engineer for 2006. APPROVE APPOINTMENT OF CITY PLANNER Kendra Lindahl from Landform has worked over the past four years as the City planner, as directed by CD Director Bryan Bear. Her primary focus has been on large plats submitted by developers. She reviews, advises, and recommends changes on plats, as well as attending PC and Council meetings as needed. She has proven to be a dedicated, hard worker, and valued member of the City Hall team. Adoption of the Consent Agenda appointed Kendra Lindahl as the City Planner/planning consultant for the year 2006. APPROVE APPOINTMENT OF CITY ATTORNEY City Attorney Dave Snyder and the law firm of Eckberg Lammers Wolff and Vierling have served the City of Hugo very well over the past year. Dave has provided an excellent level of professional legal advice on a wide variety of City issues. Adoption of the Consent Agenda appointed David K. Snyder as the City Attorney for the year 2006. APPROVE APPOINTMENT OF FINANCIAL ADVISOR Financial advisors Paul Steinman and Nick Dragisich and the other members of the Springsted team have served the City very well over the past year on a wide variety of projects and issues. Adoption of the Consent Agenda appointed Paul Steinman and Nick Dragisich, Springsted, Inc., as the City's financial advisors for the year 2006. APPROVE APPOINTMENT OF CIVIL DEFENSE DIRECTOR Each year, Council appoints a member of the City staff to serve in the role as Civil Defense Director. For the past several years, the Fire Chief has served in this position. Adoption of the Consent Agenda appointed Fire Chief Jim Compton as the City's Civil Defense Director for 2006. APPROVE APPOINTMENT OF DEPOSITORY FOR CITY FUNDS Each year, Council selects a depository/bank for the deposit of City funds. For the past several years, Council has selected the local Hugo bank, US Bank. Adoption of the Consent Agenda appointed U.S. Bank -Hugo as the official depository for City funds for 2006. City Council meeting of January 3, 2006 Page 3 APPROVE APPOINTMENT OF OFFICIAL NEWSPAPER Each year, Council selects a newspaper as the official publication for all public notices and publishing of ordinances. For the past several years, Council has selected the White Bear Press as the City's official newspaper. Adoption of the Consent Agenda appointed the White Bear Press as the City's official newspaper for public notices and publishing for 2006. APPROVE APPOINTMENT OF BOARD OF ZONING APPEALS For the past five years, Council has appointed PC Chair Dave Schumann, Council member Frank Puleo, and citizen Bernard Brunotte to serve on the Board of Zoning Appeals. Adoption of the Consent Agenda appointed the same members to serve on the Board of Zoning Appeals for 2006. APPROVE APPOINTMENT OF CHAIRNICE CHAIR FOR PLANNING COMMISSION The Council appointed Dave Schumann as the Chairperson for the Planning Commission for the past several years. He has worked hard over the past year to build a strong cohesiveness within the PC. He always treats persons appearing before the PC with respect and dignity. City staff recommends Council appoint Dave Schumann as Chair of the Planning Commission for 2006. After the retirement of vice chair Sandy Malaski last year, Planning Commissioner Bronwen Kleissler was appointed as vice chair by the City Council. Adoption of the Consent Agenda appointed Dave Schumann as Chair and Bronwen Kleissler as Vice Chair of the Planning Commission for 2006. APPROVE APPOINTMENT OF CHAIRIVICE CHAIR FOR PARKS COMMISSION In 2004, Council appointed Kitty Cheesebrow as the new chair of the Parks Commission replacing long- time chair Robyn LaCasse. Pete Pedersen continued on as vice chair. Over the past year, Kitty and Pete have provided an excellent level of leadership to the Parks Commission, acknowledged by the accomplishment of a number of Parks Commission goals for 2005. Both Oneka Lake Park and Frog Hollow Park were completed, along with a number of other accomplishments. Adoption of the Consent Agenda appointed Kitty Cheesebrow as chair and Pete Pedersen as vice chair for 2006. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for January 3, 2006 as presented. APPROVE SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT FOR BALD EAGLE LAKE For many years, the City has participated in supplemental law enforcement coverage on Bald Eagle Lake. The coverage is from January 1 to December 31, 2006, and it includes a total not to exceed 160 hours for winter patrol coverage. The cost of services to the City for year 2006 will not exceed $1,540. Adoption of the Consent Agenda approved the Supplemental Law Enforcement Agreement with the Ramsey County Sheriff s Department for enforcement on Bald Eagle Lake. City Council meeting of January 3, 2006 Page 4 APPROVE AUTHORIZATION TO ADVERTISE FOR CD INTERN Andrew Gitzlaff was hired by the City as the new community development intern six months ago. Over the past months, Andrew has worked on a wide variety of community development issues, including staff reports to the Planning Commission, drafting and assembling the EDA agenda materials, and code enforcement issues. Andy has proven to be a valuable member of the City Hall team. With his internship set to expire in the first week of January 2006, Andy has been diligent in applying for jobs. Staff is pleased to announce that Andrew has accepted a planner position with Landform, the City's planning consultant. Adoption of the Consent Agenda publicly thanked Andrew for his dedication and service to the City and further authorized staff to advertise for a new intern in the community development department. APPROVE AUTHORIZATION TO ADVERTISE FOR BLDG DEPT SECRETARY At its December 19, 2005 meeting, Council approved the new $3.2 million dollar budget for 2006. The budget included a support staff person for the building department. As Council is aware, the City surpassed 10,000 in population in December, and has processed more than 800 housing building permits setting an all-time record for the City. To assist the building department with the processing of building permit applications, it is necessary to hire a new building department secretary. Adoption of the Consent Agenda authorized staff to advertise for a new building department secretary. APPROVE REAPPOINTMENTS TO THE HISTORICAL COMMISSION Staff met recently with members of the Historical Commission and inquired as to their interest in reappointment. Staff is pleased to announce that all current members wish to be reappointed to three- year terms with the respective staggered terms. Adoption of the Consent Agenda reappointed Grace Waugh, Pam Videen, Kitty Cheesebrow, Vi Maslowski, and Cynthia Schoonover to the Historical Commission for the terms therein listed. APPROVE APPOINTMENT OF MARVELLA GAMBONI TO HISTORICAL COMMISSION At a recent meeting with Historical Commission members, staff was pleased to have the attendance of long-time Hugo resident, Marvella Gamboni, who is assisting staff in the development of the distribution policy for the Hugo Rolling Walkers. Commission members encouraged Marvella to apply for the current vacancy and she agreed. Adoption of the Consent Agenda appointed Marvella Gamboni to a three-year term on the Historical Commission and wished her will in her service to the community. APPROVE VARLANCE FOR SIDE YARD SETBACK IN PELOOUIN INDUSTRIAL PARK (ATKINSON) The City received an application from Dean Atkinson for approval of a 10' side yard setback for his property in the Peloquin Industrial Park, where a 40' setback is required by City code. At its December 22, 2005 meeting, the Board of Zoning Adjustments and Appeals considered the application and unanimously recommended its approval. Adoption of the Consent Agenda approved the variance for a side yard setback for Dean Atkinson in the Peloquin Industrial Park. City Council meeting of January 3, 2006 Page 5 APPROVE ACCEPTANCE OF PUBLIC INFRASTRUCTURE IN FABLE HILL DEVELOPMENT Pratt Homes, developer, has requested the City accept the newly constructed public improvements in the Fable Hill development. This would involve the acceptance of the public roads and public utilities inside the Fable Hill development, with the exception of all roadway and utilities located between stations 7+60 and 9+00 of Fable Hill Parkway North as shown on as -built sheet C2. Acceptance of the improvements would begin a one-year warranty period. At the end of one year, this portion of the project would be considered complete and maintenance activities would become the responsibility of the City. Adoption of the Consent Agenda accepted the public infrastructure in the Fable Hill subdivision. APPROVE APRIL 27.2006 AS ANNUAL BOARD OF APPEAL & EQUALIZATION Council member Chuck Haas requested that this item be removed from the Consent Agenda for discussion. Each year, the Washington County Auditor's office recommends a day for the City's annual Board of Appeal and Equalization meeting, with this year's meeting scheduled at City Hall on Thursday, April 27, 2006, from 10:00 am to 11:00 am. Council member Haas asked that the meeting be held first thing in the morning or at the end of the day so that residents would not have to take additional time off work. Miron made motion, Petryk seconded, to table this matter to allow staff time to work with Washington County officials in an effort to schedule the meeting at a time more convenient for residents. All aye. Motion Carried. APPROVE RESOLUTION OF SUPPORT TO WASHINGTON COUNTY FOR CSAH 8/14 PROJECT Council member Chuck Haas requested that this matter be removed from the Consent Agenda for discussion. At its December 19, 2005 meeting, Council listened to a presentation from Assistant County Engineer Wayne Sandberg regarding the review of the bids for the CSAH 8/14 road improvement project. Wayne informed Council that there have been several meetings between Washington County, Anoka County, and City of Hugo officials regarding the low bidder Arnt Construction. He requested the City's support for the staff recommendation to accept the low bid of $10.5 million dollars for the CSAH 8/14 project and Council agreed to draft a resolution of support to endorse the project. He explained to Council the issue with the second bid, which was for the MCES Lino Lakes sewer interceptor. Met Council was unwilling to award the bid to Arnt Construction for that project because they were not the low bidder. Council directed staff to send a letter to Met Council Regional Administrator Tom Weaver requesting his support for the project. Haas made motion, Miron seconded, to adopt RESOLUTION 2006-1 SUPPORTING WASHINGTON COUNTY FOR ACCEPTANCE OF THELOW BID FROM ARNT CONSTRUCTION FOR THE CSAH 8/14 PROJECT, as amended, with another Whereas requesting support for the MCES sewer interceptor to Lino Lakes. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. City Council meeting of January 3, 2006 Page 6 APPROVE SETTLEMENT AGREEMENT WITH DEAN & RUBY ATKINSON FOR PELOOUIN INDUSTRIAL PARK IMPROVEMENT PROJECT Mayor Fran Miron requested that this matter be removed from the Consent Agenda for discussion. At its November 21, 2005 meeting, Council listened to a brief presentation from staff and Mayor Miron regarding recent meetings held with Dean and Ruby Atkinson regarding the special assessment appeal for the public improvements in the Peloquin Industrial Park. Council agreed to the recommendation from the committee, which would allow the City to settle its lawsuit filed by the Atkinson's against the City for an appeal of the special assessments. City Attorney Dave Snyder has prepared the Settlement Agreement, which has been accepted by both parties, thereby settling the lawsuit for the special assessment appeal against the City. The Agreement stipulates that the Atkinson's will pay to the City the amount of $38,615.25 with other conditions acceptable by the both parties. Mayor Miron thanked the Atkinson's for working with the City to resolve this matter. Miron made motion, Haas seconded, to approve the Settlement Agreement with Dean and Ruby Atkinson for the appeal of special assessments for the Peloquin Industrial Park public improvement project, as amended. All aye. Motion Carried. APPROVE RESOLUTION DENYING CONCEPT PLAN FOR ARCHIES OF MN Council member Frank Puleo requested that this matter be removed from the Consent Agenda for discussion. At its December 19, 2005 meeting, Council listened to applicant Terry Montpetit in his request for a rezoning of the property known at the End Zone for use as a bar/restaurant called Archie's of Minnesota. Mr. Montpetit also request approval of a concept plan for the expanded use of the current End Zone bar. Council denied the zoning application, as well as the concept plan. City Attorney Dave Snyder prepared a resolution for Findings of Fact to deny the concept plan application from Terry Montpetit. Because a similar resolution of denial was adopted on the Consent Agenda, resulting in a lawsuit, Council member Puleo felt that matter should be handled separately. Puleo made motion, Petryk seconded, to adopt RESOLUTION 2006-2 DENYING THE CONCEPT PLAN FROM TERRY MONTPETIT FOR THE DEVELOPMENT OF A BAR/RESTAUTRANT CALLED ARCHIES OF MINNESOTA ON THE END ZONE PROPERTY. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. REVIEW CITY APPEAL TO METROPOLITAN COUNCIL FOR SYSTEM STATEMENT At its November 7, 2005 meeting, Council accepted staffs recommendation and filed an appeal to the Metropolitan Council for a review and recommendation for changes to the systems statement prepared by Met Council for the City of Hugo's future population and sanitary sewer needs. Council adopted a resolution appealing the statement numbers and directed staff to work closely with Met Council to resolve the issues. CD Director Bryan Bear and City Engineer Jay Kennedy worked diligently with Met City Council meeting of January 3, 2006 Page 7 Council officials and have successfully negotiated a mutually acceptable agreement with the Met Council and its system statement for the City. Bryan discussed with Council a resolution to withdraw the appeal officially ending the City's request for formal appeal for the City's system statement. Haas made motion, Petryk seconded, to adopt RESOLUTION 2006-3 OFFICIALLY WITHDRAWING THE CITY'S APPEAL PROCESS AGAINST THE METROPOLITAN COUNCIL. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. SCHEDULE INTERVIEWS FOR EDA AND PARKS COMMISSION At its December 19, 2005 meeting, Council directed staff to schedule interviews for the vacancies on the EDA and Parks Commission. Staff was unsuccessful due to the busy holiday schedules. City staff requested Council review its January 2006 calendar and schedule a date on which to hold interviews, which should take no more than one hour. Miron made motion, Haas seconded, to schedule a special Council meeting for Monday, January 16, 2006 at 7:00 pm, to conduct interviews for the vacancies on the EDA and Parks Commission. Since this is a federal holiday, there will be no official action of the Council conducted at the meeting. All aye. Motion Carried. PETITION FROM 126TH STREET RESIDENTS FOR SANITARY SEWER AND WATER The City received three separate petitions from residents living on 126" Street, 1261' Street Court, and a portion of Ethan Avenue within the Oakshore Park neighborhood requesting municipal sanitary sewer and water services. City Engineer Jay Kennedy, Senior Engineering Technician Scott Anderson, and Finance Director Ron Otkin have reviewed the petitions, which have been signed by the owners of more than 35% of the total frontage. Jay provided a PowerPoint presentation review of the proposed project with Council, along with his recommendations. Residents Dave Black, Chris Cox, and Pete Pedersen addressed Council in support of the petitions. Puleo made motion, Miron seconded, to order the feasibility study with no up -front cost to the homeowners, but rather include it as a project cost. VOTING AYE: Haas, Puleo, Miron ABSTAINED: Granger, Petryk Motion Carried. Miron made motion, Haas seconded, to officially reject the petitions submitted by the residents, and to order a feasibility study to include sanitary sewer and water service to all of Oakshore Park, the reconstruction of Ethan Avenue within Oakshore Park, and the paving of 126h Street, 1261' Street Court, and Europa Avenue. The report will be completed at a cost not -to -exceed $8,500. All aye. Motion Carried. City Council meeting of January 3, 2006 Page 8 Miron made motion, Haas seconded, to order a Feasibility Study for the reconstruction of Ethan Avenue between the south boundary of Oakshore Park and 120' Street. The report will be completed at a cost not -to -exceed $10,000. All Aye. Motion Carried. DISCUSSION ON CONCEPT PLAN FOR WILDERNESS VIEW 3RD ADDITION HUB Management is requesting comments on a sketch plan of "Wilderness View 3`d Addition" consisting of 52 single family homes on a 19.69 -acre site located east of Highway 61 and north of 125d' Street. The gross density of the project is 2.6 units per acre which is consistent with the R-3 zoning regulations. The Planning Commission reviewed the sketch plan at its December 22, 2005 meeting and provided comments to the applicant. Council reviewed and discussed the sketch plan, and provided the applicant with informal comments. No formal Council action was taken. REQUEST FROM FENWAY PLACE RESIDENT FOR ACTION AGAINST KETTLER HOMES (LARRY BARTELS) City staff has worked with Fenway Park neighborhood resident Larry Bartels regarding the top soil and watering issue in his Fenway Park neighborhood. The issue Mr. Bartels has raised with the City is whether or not the developer installed 4" of top soil in the development as per the developer's agreement. The agreement, a copy of which was provided to Mr. Bartels, reflects the need for the developer to install 4" of top soil before any sod is laid. City staff has worked with Mr. Bartels and the HOA member Sharon Anderson, as well as the owner of Kettler Homes, Rich Kettler, on this issue. Rich Kettler obtained two soil borings from the site and recently obtained five more by a SB consulting company, who was requested to provide soils analysis to Mr. Kettler. Subsequently, Mr. Bartels conducted his own soil borings and submitted them to the U of M for an analysis. Mr. Bartels requested an opportunity to present this issue to Council because he believes the HOA has to pay an inflated utility bill, which he believes should be paid by Kettler Homes. Mr. Bartels and Mr. Kettler presented their cases to the Council. Council discussed the issue with questions to the assistant City Attorney, Mark Vierling. Miron made motion, Granger seconded, that the Hugo City Council has determined that developer Kettler Homes has met the intent of the developer's agreement for the definition and installation of top soil. All aye. Motion Carried. SCHEDULE ANNUAL GOAL SETTING SESSION Each year, Council holds a goal setting session with staff and Commission members for the purpose of setting City goals for the upcoming year. Council has successfully scheduled goal setting sessions for the past four years in January. This early meeting provides policy direction to staff for the upcoming year, allowing for a focus of resources and staff. Miron made motion, Petryk seconded, to schedule a special Council meeting for Thursday, January 19, City Council meeting of January 3, 2006 Page 9 2006, Hugo City Hall, at 8:30 am, for the purpose of setting City goals for the year 2006. All aye. Motion Carried. REQUEST TO REVIEW BILLING NONRESIDENTS FOR HFD EMERGENCY CALLS Council member Chuck Haas requested that this item on the agenda for purposes of general discussion on whether there is interest in billing nonresidents for emergency calls by the HFD. This issue generally involves billing of nonresidents through the individual's car insurance, of which there is normally a disclaimer in the policy allowing a payment to a municipality for an ambulance run or fire call. Miron made motion, Granger seconded, to table this matter until the goal setting meeting of January 19, 2006. All aye. Motion Carried. FINANCE DIRECTOR RON OTKIN RECEIVES GFOA CERTIFICATE OF ACHIEVEMENT AWARD City Administrator Mike Ericson would like to announce to the City Council and public that City Finance Director Ron Otkin has received his 12'" consecutive GFOA Certificate of Achievement Award. Staff would like to do a formal presentation with the plaque is received in six to eight weeks. Granger made motion, Miron seconded, to publicly recognize the deserving accomplishment by the Finance Director. All aye. Motion Carried. TUESDAY, JANUARY 3.2006 MEETING WITH DNR AND CITY OFFICIALS Mayor Miron passed the gavel to acting Mayor Petryk for this discussion. On Tuesday, January 3, 2006, Council members Mike Granger and Frank Puleo and City Administrator Mike Ericson met with DNR officials to discuss the City's letter regarding Branch 2 of JD2 and the request for a Stipulation of Dismissal for the lawsuit against the DNR for the weir installed in JD2. Council members Granger and Puleo reported to Council the results of the meeting, which was held at the DNR offices in St. Paul, with Brad Moore, Kent Lokkesmoe, and Dale Homuth. Acting Mayor Becky Petryk stated the Council had to do two things: 1) reconvene the JD2 Blue Ribbon Task force, and 2) make a request to Judge Cass for a continuance of the lawsuit with the DNR and RCWD. After continued discussion and public comments from resident John Waller: Petryk made motion, Puleo seconded, directing staff to reconvene the JD2 Blue Ribbon Task Force, with City representation from Council members Frank Puleo and Mike Granger, City Administrator Mike Ericson, and Brad Moore from the DNR. All aye. Motion Carried. City Council meeting of January 3, 2006 Page 10 Granger made motion, Puleo seconded, to request a 30 -day continuance from Judge Cass for the lawsuit with the DNR and RCWD. All aye. Motion Carried. PLANNING COMMISSIONERS TERM EXPIRED AND REVIEW OF CITY POLICY Current Planning Commissioners Kelly Bailly and Bronwen Kleissler terns on the PC expired December 31, 2005. Staff has inquired as to their interest in reappointment and they have agreed. Consistent with new City policy, Council may reappoint them to new terms. Miron made motion, Haas seconded, to reappoint Kelly Bailly and Bronwen Kleissler to new four-year terms on the Hugo Planning Commission. All aye. Motion Carried. ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Michael A. Ericson City Administrator