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HomeMy WebLinkAbout2006.07.05 CC MinutesBACKGROUND MEMO FOR HUGO CITY COUNCIL MEETING OF JULY 5, 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, City Attorney Dave Snyder, City Engineer Jay Kennedy, PW Director Chris Petree, and City Clerk Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL MEETING OF JUNE 19, 2006 Haas made motion, Petryk seconded, to approve the minutes for the June 19, 2006 meeting as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL EXECUTIVE SESSION OF JUNE 19, 2006 Haas made motion, Petryk seconded, to approve the minutes for the Council executive session of June 19, 2006 as presented. All aye. Motion Carried. APPROVE MINUTES FOR COUNCIL WORKSHOP MEETING OF JUNE 26, 2006 ON RURAL PRESERVATION ORDINANCE Puleo made motion, Granger seconded, to approve the minutes for the June 26, 2006 workshop meeting held on the rural preservation ordinance as amended. All aye. Motion Carried. APPROVAL OF AGENDA Add L.1 — Discussion of railroad ties on TH61 and 145x' Street Miron made motion, Granger seconded, to approve the agenda for July 5, 2006 as amended. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Appointment of Jeff Maas as the New Public Works Worker Approve Amendment to City Code for Side Yard Setbacks in Industrial Zoning District Approve Annual Performance Review for Public Works Lead Worker Tom Smith Approve Appointment of Building Inspector Scott Bailer to Regular Full-time Employee Approve Amended Development Agreement for former MN Union Builders Building Approve Appointment of Bryan Harris as New Firefighter All aye. Motion Carried. City Council. meeting of July 5, 2006 Page 2 APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for July 5, 2006 as presented. APPROVE APPOINTMENT OF JEFF MAAS AS THE NEW PUBLIC WORKS WORKER At its May 1, 2006 meeting, Council accepted the resignation of Rob Weldon from the public works department and directed City staff to advertise for the vacancy. The City received 100 applications for the position. The interview team, consisting of PW Director Chris Petree, Lead PW Worker Tom Smith, and City Administrator Mike Ericson, conducted interviews of 17 of the candidates, with second round interviews on June 16, 2006. This issue was tabled at the June 19, 2006 meeting in order to allow City staff to complete additional interview work. Adoption of the Consent Agenda approved the hiring of Jeff Maas as the new member of the public works department, at a pay rate of $19.18/hr, and subject to the standard pre-employment physical and six-month probationary period. APPROVE AMENDMENT TO CITY CODE FOR SIDE YARD SETBACK IN INDUSTRIAL ZONING DISTRICT At its June 8, 2006 meeting, the Hugo Planning Commission considered an amendment to the current City Code, which would allow for a reduction in the side yard setback in the industrial zoning district. Currently, the side yard setback is set at 40 feet. The Planning Commission was presented with some scenarios that reflected the amendment of having the side yard setbacks be equal to the height of the building and in no case less than 10 feet. Also, parcels that abut any district that are not zoned industrial will still have to meet the current 40 feet for side yard setback. After discussion, the PC unanimously agreed to recommend reducing the required minimum side yard setback in the Industrial District from 40 feet to be equal to the height of the building, and in no case less than ten feet. Adoption of the Consent Agenda approved adoption of Ordinance 2006-402 amending the City Code for side yard setback in the Industrial Districts. APPROVE ANNUAL PERFORMANCE REVIEW FOR PUBLIC WORKS LEAD WORKER TOM SMITH Tom Smith was hired as the second full-time employee in the public works department on June 26, 2000. For the past six years, Tom has demonstrated an excellent work ethic and solid leadership skills in his position as the lead worker in the public works department. Tom's dedication and commitment to the department is exemplary and he is a trusted and valued member of the public works department team. Adoption of the Consent Agenda approved the annual performance for public works lead worker Tom Smith. APPROVE APPOINT OF BUILDING INSPECTOR SCOTT BALLER TO REGULAR FULL- TIME EMPLOYEE Scott Bailer began working with the City in April 2005 as an unpaid intern in the building inspections department. Scott's internship was of great value to the City, which was experiencing tremendous residential growth. Scott continued to work as a paid intern from late summer to December 2005, when he was hired as the City's new building inspector, subject to a six-month probationary period. Scott has City Council meeting of July 5, 2006 Page 3 demonstrated his loyalty and commitment to the City's building inspection department, with a "can do" attitude. He is respected by builders and contractors and is a valued member of the City Hall Team. Scott has excellent communication skills and is a quick study, helping out in a variety of ways where ever needed. Adoption of the Consent Agenda appointed Scott Baller to a regular full-time employee status having satisfactorily completed his six-month probation period. APPROVE AMENDED DEVELOPMENT AGREEMENT FOR FORMER MN UNION BUILDERS BUILDING On September 19, 2005, the City Council held a public hearing and reduced the wage and job goals for Hugo Land Development (MN Union Builders) to reflect the actual number employed prior to the project going into receivership. The City's bond counsel has now incorporated this language into an amendment to the original development agreement. Also, bond counsel has drafted an indemnification agreement with the holder of the TIF note issued by the City in 2002. The agreement provides for, among other things, the payment of all legal fees associated with this issue. Adoption of the Consent Agenda approved adoption of Resolution 2006-35 authorizing execution of an amendment to development agreement and an indemnification agreement. APPROVE APPOINTMENT OF BRYAN HARRIS AS NEW FIREFIGHER The Hugo Fire Department Interview Committee, consisting of Jadon 011ila, Tony Bronk, and Kevin Colvard, interviewed Bryan Harris on June 26, 2006 for consideration of membership on the HFD. Bryan would be available as a day -time responder. Adoption of the Consent Agenda appointed Bryan Harris as a member of the Hugo Fire Department, subject to completion of the two-year probationary period and passing of the firefighter physical. ATKINSON MINING PERMIT Dean and Ruby Atkinson operate a mining operation on their property at Irish Avenue and 147' Street. According to their mining permit, the Atkinson's are required to have the City hold a public hearing every other year, in order to take public comment regarding their mining operation. Mayor Fran Miron opened the public hearing and there were no oral or written comments on the renewal of the Atkinson's Mining Permit. The Atkinson's have had no complaints about their operation since their renewal two years ago. Granger made motion, Petryk seconded, to approve two-year renewal of the Mining Permit for Dean and Rub Atkinson, subject to the 26 listed conditions. All aye. Motion Carried. 120" STREET PUBLIC IMPROVEMENT PROJECT At its June 5, 2006 meeting, Council directed City Engineer Jay Kennedy to schedule a public hearing for July 5, 2006 in order to consider the 129' Street public improvement project. City Engineer Jay Kennedy provided a presentation regarding the engineer's feasibility study for the 120 Street public improvement project. Mayor Fran Miron opened the public hearing for comment, with the following City Council meeting of July 5, 2006 Page 4 public comments. There were no written comments provided. Jim Kellison, 4394 129" Street, stated that he was prepared to pay a maximum of $270,000 based on City approval for subdivision of his property into three parcels, and inquired about the next steps. Gerald Miller, 4486 129" Street, was in favor of the project provided the City used the Kellison option rather than City policy. Mr. Miller requested that the assessment be spread over more than 10 years. Dennis Felix, 4524 129" Street, was in favor of the project using the Kellison option; requested that the assessment be spread out over more years; have the bridge outlet curve straightened; and requested removal of the bog located near the outlet. Tom Bleakly, 13015 Elmcrest Avenue, stated that he was in favor of the project and looked forward to installation of a fire hydrant in the neighborhood. Dave Pepin, 4510 129`" Street, was in favor the improvement project and bridge repairs, and requested the assessments be extended over a longer period of time. Jim Kellison stated that the Mersch property had a water stub at the rear of their property and should be reviewed by the City as it my affect project costs/assessments. After no additional comment, Mayor Miron closed the public hearing for Council discussion. Council concurred that the project should be done and had no objection to the City extending the assessment roll for more than 10 years. Granger made motion, Puleo seconded, to authorize preparation of plans and specs for the 129" Street Public Improvement Project and directed staff to hold the assessment hearing prior to awarding the contract. All aye. Motion Carried. APPROVE PRELIMINARY PLAT AND CUP FOR ENCHANTED WATERS (STONEY RIVER DEVELOPMENT) Stoney River Development requested approval of a rural preservation program preliminary plat and conditional use permit for Enchanted Waters consisting of 12 single family homes on approximately 40 acres of property to the north and south of 132nd Street and generally east of Goodview Avenue. The Planning Commission reviewed this item at their April 27, 2006 meeting and voted 4-3 to recommend approval of the development with 10 lots. At the May 1, 2006 Council meeting, City Planner Kendra Lindahl provided Council with a PowerPoint presentation outlining details of the development and requested density bonuses. Staff recommended approval of 11 lots, but noted that that the Planning Commission recommended approval of 10 lots. Several residents were present and requested a delay of Council action on the application until after the May 8, 2006 "listening session". This issue was pulled from the agenda at the developer's request and tabled to allow them time to respond to City concerns. CD Director Bryan Bear provided four options for Council consideration, one of which was to accept the applicant's request for an additional 90 -day review period extension. Council member Puleo suggested City Council meeting of July 5, 2006 Page 5 a fifth option, which was to approve the preliminary plat as originally requested with 12 lots. Other Council members wanted more discussion with the developer and also cited possible changes to the Rural Preservation ordinance, which is being reviewed by the Planning Commission. Miron made motion, Haas seconded, to approve the applicant's request for a 90 -day extension and table the application provided the developer signs the letter for request of extension before July 15, 2006, and the issue be reviewed first by the Planning Commission. If said letter is not signed, the application will be denied. VOTING AYE: Haas and Miron VOTING NAY: Granger, Petryk, Puleo Motion Failed. Puled made motion, Granger seconded, to approve the applicant's request for a 90 -day extension and table the application provided the developer signs the letter of request before July 15, 2006. If said letter is not signed, the application will be denied. Said application shall be referred to the Planning Commission only if the there are significant changes made to the original application or changes are made to the rural preservation ordinance prior to preliminary plat approval. All aye. Motion Carried. APPROVE PURCHASE AGREEMENT WITH SCHOELLER FAMILY FOR HOUSE AT 5399 145T STREET At its June 19, 2006 meeting, Council considered a recommendation from the EDA, which directed staff to negotiate a purchase agreement for the Schoeller house located at 5399 145' Street. As reviewed by the EDA, Council listened to a presentation from CD Director Bryan Bear regarding the proposed extension of Finale Avenue to the new alignment of CR8. Council agreed that the acquisition of the house and land would be good planning for the future. Council directed staff to negotiate with the Schoeller family for the purchase of the house, with terms and conditions flexible. On June 26, 2006, City staff met with representatives from the Schoeller family to discuss the proposed purchase of their house and have successfully negotiated the purchase of the property. Granger made motion, Puled seconded, to approve the purchase of the Schoeller house at a price of $150,000 minus demolition costs, with the completed purchase scheduled for August 1, 2006 and the expectation for demolition of the house immediately thereafter. All aye. Motion Carried. DENIAL OF PROPOSED AMENDMENT TO CITY CODE FOR PUBLIC NOTICING REQUIREMENTS At its June 22, 2006 meeting, the Hugo Planning Commission considered an amendment to the City Code for public noticing requirements for public hearings, which under Minnesota Statute are required the noticing of residents within 350 ft of the proposed development. After much discussion on the issue, the Planning Commission unanimously recommended that the current noticing requirement of 350 ft City Council meeting of July 5, 2006 Page 6 continue with no recommended change to City Code, specifically in the rural area of Hugo. CD Director Bryan Bear provided an extensive presentation of the history of the noticing requirement and the pros/cons of changing it. Miron made motion, Granger seconded, to accept the Planning Commission's recommendation and deny any change to the existing notice requirements. All aye. Motion Carried. DISCUSSION ON FORMATION OF A PARKS REFERENDUM ADVISORY COMM. At its June 14, 2006 meeting, the Parks and Recreation Commission listened to a presentation from PW Director Chris Petree regarding the work to date with the Parks Project Funding Committee. Included in his update to the Commission, Chris informed the Commission members that there is some interest expressed by citizens for construction of a community center. The Parks Commission voted unanimously to recommend to Council the creation of a Parks Referendum Advisor Committee, taking the work of the Parks Project Funding Committee to date, and incorporating it into a Citizen Advisory Committee. City Administrator Mike Ericson and PW Director Chris Petree provided additional information to Council regarding the recommendation, which would work toward a 2007 referendum. Council did not feel that discussion of a referendum was needed at this time, but that Council should be providing more direction regarding funding, along with discussion at budget time. Council agreed that another Council member should participate on Parks Project Funding Committee, along with Frank Puleo. Council member Chuck Haas volunteered. Granger made motion, Petryk seconded, to appoint Chuck Haas to the Parks Project Funding Committee, and provide Council with regular updates on committee discussions. All aye. Motion Carried. APPROVE AMENDMENT TO PERSONNEL POLICY FOR TUITION REIMBURSEMENT PW Director Chris Petree prepared an amendment to the City's Personnel Policy that would allow full tuition reimbursement for employees taking classes that relate to their work with the City. This amendment would allow City staff greater educational opportunities and the City would gain a more educated and specialized workforce. Granger made motion, Haas seconded, approving the amendment to the City's Personnel Policy relating to education and training tuition reimbursement. Council expressed interest in keeping Council as the authorizing entity for approving employee reimbursement for educational classes and training. Miron made motion, Petryk seconded, to amend the motion and change from Department Head to City Council for authorization of tuition reimbursement. VOTE ON AMENDMENT: All aye. Motion Carried. City Council meeting of July 5, 2006 Page 7 VOTE ON ORIGINAL MOTION: After additional discussion as to its applicability to what kind of classes were to be taken: Miron made motion, Granger seconded, to table discussion of this issue until a later time to allow staff time to formulate an amended policy statement. All aye. Motion Carried. Haas made motion, Granger seconded, directing staff to provide Council with a Personnel Policy amendment to include reimbursement for Council travel expenses. All aye. Motion Carried. DISCUSSION ON MINNCAN PIPELINE PROJECT City staff has been informed by officials from the Minnesota Pipeline that it is currently looking to expand the pumping of oil from Canada to the Koch Refinery in Rosemount. In accordance with state and federal regulations, the company looks to utilize the existing pipeline easement, as well as exploring an alternative route. The alternative route would put the pipeline through the Victor Gardens neighborhood, and have a dramatic negative affect not only on Victor Gardens, but also Fable Hill, Creekview, the Bald Eagle Industrial Park, Beaver Ponds, and City parkland. A deadline of June 29, 2006 for the submittal, that is to say, the Public Utilities Commission has a deadline of Thursday, June 29, 2006, for the submittal of municipalities to offer comment on the existing or alternative routes. City staff prepared a letter on behalf of the City and submitted it to the Minnesota Public Utilities Commission stating that the alternate route would have a dramatic and negative impact on the Victor Gardens neighborhood. Miron made motion, Haas seconded, that Council supports the letter of June 27, 2006 to MinnCan, outlining the City's concerns with the proposed MinnCan alternative pipeline routes. All aye. Motion Carried. DISCUSSION OF RAILROAD TIES ALONG TH61 SOUTH OF 145 STREET Council member Puleo discussed the "unsightly" storage of railroad ties along the abandoned tracks south of 145h Street. Mayor Miron stated that there is a time factor regarding abandonment of the tracks. Council also discussed the need for some kind of barricade south of 140'' Street to ensure that the intersection is not blocked for the fire department. Council member Granger also discussed the need for a trail along the abandoned tracks. Miron made motion, Haas seconded, directing staff to send a letter of John Gohmann of Minnesota Commercial Railroad to discuss the need for a barrier on the tracks at 14& Street to prevent trains from blocking the intersection, as well as concern with the unsightly railroad ties lying the rail bed at 145' St. All aye. Motion Carried. City Council meeting of July 5, 2006 Page 8 Miron made motion, Haas seconded, directing staff to send a letter to Washington County indicating the City's interest in extending the Hardwood Creek Trail south as the railroad corridor becomes available after abandonment. All aye. Motion Carried. DISCUSSION ON ELECTRONIC SIGNAGE ON CITY HALL SITE Council member Chuck Haas was e-mailed by a resident, who expressed support of the City's work and activities in and around the downtown area, and the CR8/14 road construction project. The resident specifically requested the City's interest in exploring electronic signage for the posting of City activities and updates on happenings in Hugo. Council member Mike Granger reminded staff that this topic was discussed when the initial signage was completed for City Hall and staff requested direction from Council as to its interest on exploring this issue fiuther. Miron made motion, Granger seconded, to table this matter indefinitely. All aye. Motion Carried. UPDATE ON MEMORANDUM OF AGREEMENT W/MNDNR AND RCWD FOR MAINTENANCE OF JD2 City Attorney Dave Snyder reported to Council on the June 28d' teleconference with RCWD officials. No formal Council action was taken. EXECUTIVE SESSION - GLAMOS APPEAL OF SPECIAL ASSESSMENT (PELOQUIN INDUSTRIAL PARD Miron made motion, Petryk seconded, to recess the regular meeting and go into executive session. All aye. Motion Carried. City Attorney Dave Snyder provided Council with an update on the special assessment appeal by the Glamos family for the public improvement in the Peloquin Industrial Park. He presented Council with a proposed Settlement Agreement, which was negotiated in a mediation session with the Glamos family last month. RETURN TO REGULAR SESSION Haas made motion, Granger seconded, to approve the settlement agreement with the Glamos family for their assessment in the Peloquin Industrial Park. City Attorney Dave Snyder shall provide Council with a copy of the draft Settlement Agreement at their meeting of July 17, 2006. All aye. Motion Carried. City Council meeting of July 5, 2006 Page 9 ADJOURNMENT Puleo made motion, Granger seconded, to adjourn at 10:00 pm. All aye. Motion Carried. � G -�� Mary Ann ger City Cle