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HomeMy WebLinkAbout2006.06.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JUNE 5, 2006 Acting Mayor Becky Petryk called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron (Mayor Miron arrived at 9:25 pm.) City Administration Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, PW Director Chris Petree, City Planner Kendra Lindahl, and City Clerk Mary Ann Creager APPROVE MINUTES FOR COUNCIL CITY-WIDE BUS TOUR ON MAY 4, 2006 Puleo made motion, Granger seconded, to approve the minutes for the May 4, 2006 City-wide bus tour meeting as presented. All aye. Motion Carried. APPROVE MINUTES FOR COUNCIL LISTENING SESSION ON MAY 8, 2006 Haas made motion, Puleo seconded, to approve the minutes for the May 8, 2006 listening session meeting regarding the City's Rural & Open Space Ordinance as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF MAY 15, 2006 Haas made motion, Granger seconded, to approve the minutes for the May 15, 2006 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Remove G.5 from the Consent Agenda Remove M.2 from the Executive Session Haas made motion, Granger seconded, to approve the agenda for June 5, 2006 as amended. All aye. Motion Carried. CARLA NORELIUS, FAIRVIEW LAKES COMMUNITY HEALTH ASSESSMENT REPORT Mayor Fran Miron and City staff attended the Fairview Clinic's open house in October 2005: Mayor Miron and staffinet with a number of clinic staff and exchanged business cards to communicate and share information. Carla Norelius contacted City staff some months ago in order to introduce herself to the Hugo City Council and present a community health assessment report on behalf of Fairview Lakes Hospital. Carla attended this meeting in order to present the report and share information to Council and citizens. Acting Mayor Petryk welcomed Carla and the Fairview Clinic to the community. City Council meeting of June 5, 2006 Page 2 CERTIFICATE OF APPRECIATION TO NATIONAL RECYCLING INC. FOR DONATION TO HUGO FIRE DEPARTMENT As Council is aware, National Recycling Inc. provided a large wire recycling container, at no cost, to the HFD for its effort to collect aluminum cans for their Relief Association. Thousands of aluminum cans were collected and the company graciously trucked the cans back to their site on TH61, weighed them, and agreed to match the amount collected, which totaled 1,000 lbs of aluminum. Acting Mayor Petryk publicly thanked National Recycling for its generous donation to the HFD and recognized them with a certificate of appreciation. No one from National Recycling was present to accept the certificate so Hugo Fire Chief Jim Compton will personally present the certificate to the owner of National Recycling. CONSENT AGENDA Granger made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Resignation of Nick Skarich from EDA and Authorize to Advertise for Vacancy Approve Final Plat for Water's Edge South 4h Addition (Pulte) Approve Off Sale Liquor License for Lawrence Tischler d/b/a Hugo Liquor, Inc. Approve Dust Control Contract with Dustcoating, Inc. for Gravel Roads Approve Council Meeting Date Change to July 5, 2006 for First Meeting in July Approve Denial for Request of Public Financing for Multi -Feeder Technologies in BEIP Approve Charitable Gambling License for Northern Star Council/BSA at Wild Wings Approve Reduction in Letter of Credit for Victor Gardens North Village (CPDC) All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for June 5, 2006 as presented. APPROVE RESIGNATION OF NICK SKARICH FROM EDA AND AUTHORIZE TO ADVERTISE FOR VACANCY Nick Skarich was one of the original members of the EDA having been appointed by Council nearly two years ago. Due to a location change in his employment, Nick submitted his resignation letter to the City of Hugo vacating his commissioner position on the EDA. Adoption of the Consent Agenda accepted the letter of resignation from Nick and publicly thanked him for his service to the City and to further direct staff to advertise for the vacancy. APPROVE FINAL PLAT FOR WATER'S EDGE SOUTH 4TH ADDITION (PULTE) Pulte Homes of Minnesota requested approval of a Final Plat and Development Agreement for Waters Edge South Fourth Addition for 66 Courtyard townhome units on 9.78 acres located east of Farnham Avenue. This is the fourth and final phase in the Waters Edge South development. There are no City Council meeting of June 5, 2006 Page 3 substantial changes from the preliminary plat. Adoption of the Consent Agenda adopted Resolution 2006-29 approving the final plat and development agreement for Water's Edge South 4'h Addition. APPROVE OFF SALE LIQUOR LICENSE FOR LAWRENCE TISCHLER D/B/A HUGO LIQUOR. INC. As Council is aware, the owners of Sager Liquors recently purchased the bar/restaurant in Centerville known as Kelly's Corner. Rick Sager decided to sell his off -sale liquor store and it is being purchased by Lawrence Tischler. Consistent with City ordinance, the applicant submitted an application for a background investigation, which was recently completed by the Washington County Sheriffs Dept. The applicant satisfactorily passed the background check and is therefore, a worthwhile candidate for an off - sale liquor license. Adoption of the Consent Agenda approved the off -sale liquor license for Lawrence Tischler, who will be renaming the store to Hugo Liquor, Inc. APPROVE DUST CONTROL CONTRACT WITH DUSTCOATING INC FOR GRAVEL ROADS In its 2006 general fund budget, the public works department included funding for gravel road dust control and stabilization. PW Director Chris Petree determined that gravel road dust control and stabilization is a good method to maintain the gravel roads and improve motorist and pedestrian safety, while reducing maintenance costs. City staff solicited quotes from different contractors and one submitted a quote consistent with neighboring communities. City staff was successful in getting a contribution from three builders, which will be used to reduce the cost of the dust control. Adoption of the Consent Agenda awarded the dust control stabilization contract to Dustcoating, Inc., for a total project cost of $33,698, with a contribution of $5,000 from Centex Homes, Pulte Homes, and Kraus - Anderson, reducing the cost to $28,698. APPROVE COUNCIL MEETING DATE CHANGE TO JULY 5, 2006 FOR FIRST MEETING IN JULY The July 4h federal holiday falls on Tuesday in 2006, so staff contacted Council members to determine their availability for the regular first meeting on Monday, July 3`d. After discussion with Council and staff, City staff determined that a date change would better accommodate meeting schedules for Council and the public. Adoption of the Consent Agenda approved the date change for the first meeting in July to Wednesday, July 5, 2006. APPROVE DENIAL OF REQUEST FOR PUBLIC FINANCING OF MULTI -FEEDER TECHNOLOGY IN BALD EAGLE INDUSTRIAL PARK At its May 15, 2006, meeting, the Economic Development Authority listened to a presentation from the owner of Multi -Feeder Technology, who plans to construct buildings in the BEIP adjacent to the BEIP 5°i Addition. The president of the company, Neal Nordling, presented an overview of his business plan to the EDA stating that he would be bringing a technology-based company to town, with 40 high-quality, high -paid jobs. He requested of the EDA financial incentives that may be available to assist him in the financing of construction of a public road into the property. EDA President Fran Miron stated that the City would be able assist him in applications for side yard variances, which would assist him in the City Council meeting of June 5, 2006 Page 4 construction of his building and that he would direct staff to research any and all financing alternatives. Mr. Nordling supplied staff with a letter to make his request official and staff has researched the issue. CD Director Bryan Bear and Finance Director Ron Otkin researched public funding but the use of TIF is not available due to the BEIP's tax increment financing district timelines. Adoption of the Consent Agenda denied the request of Multi -Feeder Technology for public finance assistance due to the Bald Eagle Industrial Park's tax increment financing district timeliness. CHARITABLE GAMBLING LICENSE FOR INDIANHEAD SCOUTINGBSA IndianheadBSA made application to the City of Hugo for a Minnesota Lawful Gambling Permit to conduct a raffle on October 12, 2006 at Wild Wings of Oneka. Staff reviewed the application and found it to be satisfactorily complete and in accordance with state statute and City code. Adoption of the Consent Agenda approved the charitable gambling license for IndianheadBSA to conduct a raffle on October 12, 2006 at Wild Wings of Oneka. APPROVE REDUCTION IN LETTER OF CREDIT FOR VICTOR GARDENS NORTH VILLAGE Developer CPDC requested the City reduce the letter of credit being held for the newly -constructed public improvements in the Victor Garden North Village. The City would continue to hold a letter of credit in the amount equal to 110% of the cost of the work remaining to complete the improvements, or $236,106 for the public improvements. Adoption of the Consent Agenda approved the reduction of the letter of credit being held for the newly -constructed public improvements in the Victor Garden North Village to $236,106. APPROVE APPLICATION FROM WALLY MALMSTROM FOR WILDLIFE POND AT 16011 HARROW AVENUE For the past couple of years, the RCWD and the City have been working with Wally and Joyce Malmstrom of 16011 Harrow Avenue in their effort to construct a wildlife pond on their property located at 16011 Harrow Avenue. Their final plan has been approved by the RCWD and it would allow them an opportunity to construct a wildlife pond on their 82 acres. The City, acting as the LGU, needs to approve the plan. This item was tabled by Council at its May 15, 2006 meeting and staff was directed to clarify elevations for the pond. Phil Belfiori from WSB Engineers answered questions from the City Council and resident John Waller. Elizabeth Nixon from Emmons & Olivier Resources, designer of the pond, explained and verified correct elevations for the pond depth. Haas made motion, Granger seconded, to approve construction of a wildlife pond for Wally Malmstrom at 16011 Harrow Avenue. All aye. Motion Carried. APPROVE FINAL PLAT FOR WILDERNESS VIEW 2ND ADDITION (TJ LAND TRUST) TJ Land Trust V requested approval of a Final Plat and Development Agreement for Wilderness View Second Addition for 59 single-family units on 98.57 acres located south of 130th Street and west of City Council meeting of June 5, 2006 Page 5 Goodview Avenue. The final plat does deviate slightly from the approved preliminary plat, as explained by a PowerPoint presentation from City Planner Kendra Lindahl. Puleo made motion, Granger seconded, to adopt RESOLUTION 2006-30 APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR WILDERNESS VIEW 2ND ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. DISCUSSION ON EXPANSION OF NON -CONFORMING USE BY CUP (RICK BURR) At its May 15, 2006, meeting, the Economic Development Authority listened to a presentation from Gusset Design owner Rick Burr, whereby he plans to construct an addition to his building on TH61 in an area that is zoned commercial, with a business that is industrial. The EDA recommended that City staff schedule a meeting with the businesses along TH61 to discuss the zoning of the properties in the area. City staff scheduled that meeting with business owners along TH61 at which the change in zoning was discussed. Mr. Burr was the only business owner interested in getting a zoning change, which would allow him to complete an addition to his building. CD Director Bryan Bear provided Council with the issues related to the expansion of a non -conforming use, as well as four options available to Council. Puleo made motion, Granger seconded, authorizing staff to proceed with revision of the zoning ordinance to allow for expansion of nonconforming uses, and continue to work with Mr. Burr to help him analyze and develop a plan for an addition to his building. All aye. Motion Carried. UPDATE ON 129TH STREET ENGINEERING FEASIBILITY STUDY (KELLISON) On April 17, 2006, Council discussed the engineering feasibility for the 129' Street project, which had _been presented to the City by resident Jim Kellison. City staff was directed to hold a neighborhood meeting and invite all the residents from 129' Street who would be affected by the project. Staff scheduled the meeting, which was attended by most of the residents, including Jim Kellison. Staff was unable to meet with only one property owner. City Engineer Jay Kennedy provided Council with an update on the meeting and a recommended course of action for the 129d' Street public improvement project. Haas made motion, Puleo seconded, to proceed with completion of the feasibility study and set a public hearing for July 19, 2006. Haas made motion, Puleo seconded, to amend the previous motion to set the public hearing for July 5, 2006. VOTE ON AMENDED MOTION: All aye. Motion Carried. VOTE ON ORGINAL MOTION: All aye. Motion Carried. City Council meeting of June 5, 2006 Page 6 REVIEW FEASIBILITY STUDY AND FUNDING OPTIONS FOR OAKSHORE PARK After last reviewing the feasibility study, Council directed staff to research funding options for the public improvements to streets in the Oakshore Park neighborhood. Council also referred the discussion of the park property to the Parks Commission for their review. Mayor Fran Miron and Council member Frank Puleo attended a meeting with City staff and representatives of the Oakshore Park Homeowner's Association on June 2, 2006 and discussed the proposed purchase of Oakshore Park, as well as the engineer's feasibility study for the project. City Engineer Jay Kennedy provided Council with an update on the work completed to date on the project. The Oakshore Park HOA Board will now bring the latest info back to the full HOA for consideration. No formal Council action was taken. 0i Mayor Fran Miron arrived at the meeting at 9:25 pm. Terry Thompson requested a PUD sketch plan review for Oneka Office Park and Oneka Square consisting of 9,000 square feet of office space and 20,807 square feet of retail and restaurant space located east of Highway 61 and north of 120th Street. The Planning Commission reviewed the sketch plan at its May 11, 2006 meeting. City Planner Kendra Lindahl provided Council with a review of the sketch plan and Council provided the applicant with informal comments: placement of the retail building in relationship to TH61; and potential for traffic problems at the intersection. Because of the lateness of the hour: Miron made motion, Haas seconded, to table this matter to allow staff an opportunity to work with the applicant and bring this issue back at the next Council meeting. All aye. Motion Carried. DISCUSSION ON LETTER OF SUPPORT FOR WASHINGTON COUNTY OPEN SPACE REFERENDUM At its May 8, 2006 listening session, Council member Chuck Haas informed audience members that Washington County was preparing to hold a referendum in November for preservation of open space. Council member Haas requested that this issue be presented to Council in order for Council to learn more about thepreparation for the referendum and solicit a letter of support for the Washington County Board. City staff was informed that this referendum effort is being spearheaded by a citizen advisory group; however, Washington County Commissioner Dennis Hegberg was in attendance to present this issue for discussion by Council. Mayor Miron stated that the issue has in impact on the taxes in Hugo, and he was not prepared to make a final decision this evening. Haas made motion, Granger seconded, to table this matter until the meeting of June 19, 2006. All aye. Motion Carried. City Council meeting of June 5, 2006 Page 7 SCHEDULE WORKSHOP TO REVIEW CITY POLICIES Included in its 2006 City Focus Goals, Council directed staff to schedule a workshop to discuss City policies. Council suggested a few City policies needed to be reviewed, but was not specific. Council determined that there was no need to schedule a workshop. DISCUSSION ON DESIGN ENGINEERING FOR EXTENSION OF FINALE AVENUE At its May 15, 2006 meeting, the Economic Development Authority discussed a house located on 145h Street, immediately across Finale Avenue, which has recently been put up for sale. The discussion by the EDA was an effort to better understand and analyze the need for an extension of Finale Avenue to the relocated CSAH 8. The EDA recommended to Council that City Engineer Jay Kennedy provide some engineering analysis of whether or not the property would be required for the extension of a road. Granger made motion, Puleo seconded, to refer this matter back to the EDA for their recommendation. All aye. Motion Carried. PROGESS REPORT ON MEMORANDUM OF AGREEMENT W/MNDNR AND RCWD FOR JD2 Over the past two weeks, City staff has held meetings with Council members Mike Granger and Frank Puleo regarding the third draft of the Memorandum of Agreement with the MnDNR and the RCWD for maintenance of JD2. Council member Puleo and City Attorney Dave Snyder provided Council with a progress report on the work completed to date on the agreement. No formal Council action was taken. FOLLOW UP ON MAY 8, 2006 LISTENING SESSION ON RURAL & OPEN SPACE PRESERVATION ORDINANCE After Council's May 8, 2006 listening session on the City's Rural & Open Space Preservation Ordinance, Council members Chuck Haas and Frank Puleo were directed to review with City staff the results of the listening session and determine whether or not a Council workshop or meeting was necessary as a follow up to the listening session. Council members Haas and Puleo provide Council with an update on the meeting, outlining six items that they would like considered by Council. Haas made motion, Petryk seconded, to schedule a workshop for Monday, June 26, 2006, at 7:30 pm, to continue discussion on the Rural & Open Space Preservation Ordinance. All aye. Motion Carried. DISCUSSION ON PUBLIC WORKS BUILDING ROOF WARRANTY (EXECUTIVE SESSION) City Attorney Dave Snyder provided Council with a report on the warranty issues related to the roof on the public works facility. City Council meeting of June 5, 2006 Page 8 Granger made motion, Petryk seconded, authorizing the City Attorney to begin the process of protecting the City's legal right to repair the leaking roof at the new public works building. All aye. Motion Carried. ADJOURNMENT Haas made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried. 0 Mary eager, City Clerk -'