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HomeMy WebLinkAbout2006.08.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 7, 2006 Mayor Fran Miron called the meeting to order at 7:09 pm. PRESENT: Granger, Petryk, Puleo, Miron (Council member Haas arrived at 7:55 pm.) City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, City Planner Kendra Lindahl, and City Clerk Mary Ann Creager CITY COUNCIL MEETING OF JULY 14, 2006 REGARDING POLICE PROTECTION SERVICES Puleo made motion, Miron seconded, to approve the minutes for the July 14, 2006 meeting regarding police protection services as presented. All aye. Motion Carried. CITY COUNCIL MEETING OF JULY 17, 2006 Granger made motion, Petryk seconded, to approve the minutes for the July 7, 2006 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add H.3 — Approve Final Purchase Agreement for Property at 5399 145'' Street Add K.2 — Separate for Discussion the Proposed Maintenance Plan for JD2 Miron made motion, Petryk seconded, to approve the agenda for August 7, 2006 as amended. All aye. Motion Carried. CONSENT AGENDA Granger made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve August 15, 2006 for Centennial Commission Meeting and Governor's Proclamation Approve Rezoning of Greg Bernier Property at 15409 Forest Blvd to General Business (C-2) Approve Amendment to City Code to Allow Meat Processing by CUP in C-2 District Approve Amendment to City Code to Allow Expansion of Non -Conforming Business Approve Development Agreement and Final Plat for Oneka Lake Townhomes Approve Annual Performance Review for PW Worker Mike Loeffler Approve Annual Performance Review for PW Worker Dave Greeder Approve Annual Performance Review for Senior Engineering Technician Scott Anderson Approve Resolution Appointing Election Judges for 2006 Elections Approve Request for Tuition Reimbursement for PW Worker Rick Kieffer Approve Pay Request from Washington County for CSAH 8/14 Project Approve Variance Request for Accessory Building at 8715 126' Street North (Stickler) City Council meeting of August 7, 2006 Page 2 Approve Variance Request for Accessory Building at 8675 126' Street North (Bartylla) Approve Extension of Internship for CD Intern Rachel Simone Approve Recommendation from Parks Project Funding Committee RFP for Update of Park Master Plan All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for August 7, 2006 as presented. APPROVE AUGUST 15, 2006 FOR CENTENNIAL COMMISSION MEETING AND GOVERNOR'S PROCLAMATION On Tuesday, August 15, 2006, the City of Hugo will celebrate its 100' Birthday. The Centennial Commission has planned for, and scheduled, a time capsule burial ceremony and invited Governor Tim Pawlenty, U.S. Congressman Mark Kennedy, State Senator Michelle Bachmann, State Representatives Ray Vandeveer and Matt Dean, and Washington County Commissioner Dennis Hegberg. All the politicians will be making congratulatory comments and presenting proclamations to the City noting its 100h birthday. A sponsorship reception will be held immediately following the time capsule burial ceremony. Adoption of the Consent Agenda scheduled a public meeting for Tuesday, August 15, 2006 in order to allow City Council members the opportunity to attend. APPROVE REZONING OF GREG BERNIER PROPERTY AT 15409 FOREST BOULEVARD TO GENERAL BUSINESS (C-2) The City received an application from Greg and Elizabeth Bernier, 15409 North Forest Boulevard, to rezone a portion of their property from Single Family Detached (R-3) to General Business (C-2). The property to be rezoned is approximately .9 acre of the east portion of their 2.09 acre parcel. The remainder of the property is zoned C-2. The Planning Commission reviewed the rezoning application for Greg Bernier at a public hearing on July 13, 2006 and unanimously recommended approval of the rezoning. Adoption of the Consent Agenda adopted Ordinance 2006-403 rezoning the Greg Bernier property at 15409 Forest Boulevard from R-3 to C-2. APPROVE AMENDMENT TO CITY CODE TO ALLOW MEAT PROCESSING BY CUP IN C- 2 DISTRICT Kian Jalali and Spencer Grundhofer proposed a concept plan for a meat market and meat processing business located at 15449 Forest Boulevard. They plan to keep the existing building located directly in front of Just Two Bikes and plan to renovate the inside for the meat market and processing facility. The property is currently zoned General Business (C-2) and a meat market is a permitted use in the ordinance, but the meat processing portion is not allowed. At the June 19, 2006 City Council meeting the Council reviewed this issue and directed staff to draft an amendment to the ordinance to allow meat processing as an accessory use to a meat market with a Conditional Use Permit. The Planning Commission considered this item at a public hearing on July 13, 2006 and unanimously recommended approval. Adoption of the Consent Agenda adopted Ordinance 2006-404 to amend City Code to allow meat processing by CUP in the C-2 zoning District. City Council meeting of August 7, 2006 Page 3 APPROVE AMENDMENT TO CITY CODE TO ALLOW EXPANSION OF NON- CONFORMING BUSINESS Rick Burr sent the City a letter stating that he would like to expand his existing business, Gusset Design Inc. located at 15587 Forest Blvd. The property is zoned Commercial but the building use is Industrial. The structure was built before the zoning changed to a Commercial District so it is allowed to remain. According to the City Municipal Code, it states that the business is not allowed to expand because the use is nonconforming to the current zoning. This issue was brougbt to the EDA and City Council and both suggested having a meeting with the surrounding property owners to determine what their thoughts were on rezoning the properties back to industrial. Almost all property owners stated that they wanted to keep the current commercial zoning. Staff brought this subject back to the Council at its June 5, 2006 meeting and reported on the outcome of the meeting with the surrounding property owners. Council directed staff to draft an ordinance text amendment to allow the expansion of legal non -conforming commercial/industrial uses with a Conditional Use Permit. The Planning Commission considered this item at a public hearing on July 13, 2006 and unanimously recommended approval. Adoption of the Consent Agenda adopted Ordinance 2006405 approving an amendment to City Code to allow expansion of legal nonconforming commercial/industrial uses with a CUP. APPROVE DEVELOPMENT AGREEMENT AND FINAL PLAT FOR ONEKA LAKE TOWNHOMES Oneka Lake Townhomes LLC requested approval of a final plat and development agreement for "Oneka Lake Townhomes" consisting of 30 townhome units on 6.7 acres located north of 150h Street and east of Highway 61. The final plat is consistent with the preliminary plat that was approved on February 21, 2006. Adoption of the Consent Agenda approved adoption of Resolution 2006-39 approving the final plat and development agreement for Oneka Lake Townhomes. APPROVE ANNUAL PERFORMANCE REVIEW FOR PW WORKER MIKE LOEFFLER Mike Loeffler was hired as one of the new public works worker on August 5, 2002. Over the past four years, Mike has developed into an excellent public works worker, skilled in all areas of the public works department, especially in the operation of the motor grader. Mike has an excellent work ethic and a "can do attitude". Mike communicates well with others and is a valued member of the public works team. Adoption of the Consent Agenda approved the annual performance review forMike Loeffler. APPROVE ANNUAL PERFORMANCE REVIEW FOR PW WORKER DAVE GREEDER The City hired Dave Greeder as the new public works mechanic on August 8, 2005. Over the past year, Dave has worked diligently to set up the equipment and vehicle maintenance program for public works vehicles and the Fire Department's fire trucks. Dave is a skilled mechanic with an excellent work ethic, and a quick study for working in other areas of the public works department as needed. Due to Dave's mechanical skill and ability, the City has saved thousands of dollars that would otherwise be spent at private and specialty mechanic shops. Dave is a trusted and valued member of the public works department. Adoption of the Consent Agenda approved the annual performance review for Dave Greeder. City Council meeting of August 7, 2006 Page 4 APPROVE ANNUAL PERFORMANCE REVIEW FOR SENIOR ENGINEERING TECHNICIAN SCOTT ANDERSON The City hired Scott Anderson as the new senior engineering technician (SET) on August 11, 2003. Over the past three years, Scott has worked hard to create an in-house engineering department, working closely with the City's engineering consultant, WSB Engineers, to provide a full service level of engineering services. Scott's hands-on approach has worked well with big projects like the CSAH 8/14 project, as well as well as the development of the Diamond Point Park project. Scott has an excellent work ethic, with an eye for detail, which is necessary in the engineering department. He has excellent organizational skills, which has allowed him to work on and complete numerous engineering projects. Scott is a valued member of the City Hall team and works well with others. Adoption of the Consent Agenda approved the annual performance for Scott Anderson. APPROVE RESOLUTION APPOINTING ELECTION JUDGES FOR 2006 ELECTIONS As mandated by Minnesota Statutes, Council's must approve appointment of election judges for the primary and general elections. City Clerk Mary Ann Creager presented a draft resolution listing the election judges that will be serving at the primary and general elections this year. Adoption of the Consent Agenda adopted Resolution 200640 appointing the election judges for the election year 2006. APPROVE REQUEST FOR TUITION REIMBURSEMENT FOR PW WORKER RICK KIEFFER Rick Kieffer requested permission from PW Director Chris Petree to take a CAD class at Century College in order to learn the CAD software program to provide assistance to SET Scott Anderson, who now performs those duties as a part of his job. These classes would allow Rick an opportunity to learn the CAD skills that would assist the engineering department providing mapping of the City's infrastructure. Adoption of the Consent Agenda approved the tuition reimbursement for public works worker Rick Kieffer to take CAD software classes at Century College. APPROVE PAY REQUEST FROM WASHINGTON COUNTY FOR CSAH 8/14 PROJECT Washington County Engineering Department submitted a pay request to the City for work completed to date on the CSAH 8/14 road project. SET Scott Anderson and Finance Director Ron Otkin have_, reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved the pay request in the amount of $1,421,114.59 to Washington County for the CSAH 8/14 road project. APPROVE VARIANCE REQUEST FOR ACCESSORY BUILDING AT 8715126' STREET NORTH (STICKLER) Jeffrey and Cynthia Stickler applied for a variance to construct a 2,300 square foot accessory building to be located closer to the road than the home. Hugo City Code states that no accessory building shall be located or protrude in front of the principal building on the site in relation to any public street. The location of the drainage swale to the southwest of the home and the septic system to the northeast prevents access to an accessory building if it were located behind the home. The Board of Zoning City Council meeting of August 7, 2006 Page 5 Appeals and Adjustments considered this application at their July 27, 2006 meeting and unanimously recommended approval. Adoption of the Consent Agenda approved the variance for Jeff Stickler at 8715 126' Street North to construct an accessory building closer to the road than the house. APPROVE VARIANCE REQUEST FOR ACCESSORY BUILDING AT 8675126`b STREET NORTH (BARTYLLA) Tim and Georgiann Bartylla applied for a variance to construct a 2,300 square foot accessory building to be located closer to the road than the principle structure. Hugo City Code states that no accessory building shall be located or protrude in front of the principal building on the site in relation to any public street. The property is located on the northwest side of Long Lake which is classified as a Natural Environmental Lake. City ordinance requires structures to be setback 200 feet from lakes classified as Natural Environmental. The existing home is set back 218 feet from the lake. The applicant would be unable to construct the desired accessory building to the rear of the home to meet the required setback from the lake. In addition, the location of the septic system would prevent access to the structure. The Board of Zoning Appeals and Adjustments considered this application at their July 27, 2006 meeting and unanimously recommended approval. Adoption of the Consent Agenda approved the variance for Tim Bartylla at 8675 126' Street North for construction of an accessory building closer to the road than the house. APPROVE EXTENSION OF INTERNSHIP FOR CD INTERN RACHEL SIMONE On February 22, 2006, the City hired Rachel Simone, as the new CD intern. Over the past six months, Rachel has worked very hard and provided a significant amount of work assisting Bryan Bear and Michele Lindau with duties in the CD department. She has proven to be a valuable member of the CD department team working on the development of the tax increment district, as well as the EDA and front counter customer service work. CD Director Bryan Bear is still managing a heavy workload and needs staff to complete the necessary work. Adoption of the Consent Agenda extended the internship for Rachel Simone to December 31, 2006. APPROVE RECOMMENDATION FROM PARKS PROJECT FUNDING COMMITTEE FOR RFP FOR UPDATE OF PARK MASTER PLAN At its July 31, 2006 meeting, the Parks Projects Funding Committee discussed the issues related to funding the Parks Department five-year CIP. Included in the Council's 2006 City Focus Goals was the update of the City's Parks Master Plan. Adoption of the Consent Agenda approved solicitation for Request for Proposals for the update of the Parks Master Plan, which was originally completed in 1998. APPROVE PRELIMINARY PLAT/CUP FOR ENCHANTED WATERS (STONEY RIVER 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, staff recommended City Council meeting of August 7, 2006 Page 6 approval of 11 lots. This item was tabled by the Council at the developer's request, and was reconsidered by the Council at its July 5, 2006 meeting. 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 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. Since that meeting, the developer submitted a letter requesting approval of the plat at the July 17, 2006 Council meeting. Council agreed that staff should be allowed time to contact the Minnesota Land Trust to determine their specific involvement in the development. This issue was tabled at the Council's July 17, 2006 meeting in order to allow City staff to work with the developer to clarify issues regarding preservation of the open space and work with the Minnesota Land Trust. City Planner Kendra Lindahl provided a PowerPoint recap of the project and options available to Council. Developer Brent Thompson stated that he would offer $10,000 to be used towards the 132"d Street improvement assessment, and that the MN Land Trust Board will be considering their request to preserve and manage the Enchanted Waters open space. Puleo made motion, Miron seconded, to adopt RESOLUTION 200641 APPROVING PRELIMINARY PLAT FOR ENCHANTED WATERS FOR 12 LOTS AND FOUR OUTLOTS. VOTING AYE: Granger, Petryk, Puleo, Miron Motion Carried. Puleo made motion, Petryk seconded, to adopt RESOLUTION 200642 APPROVING A CONDITIONAL USE PERMIT FOR ENCHANTED WATERS. VOTING AYE: Granger, Petryk, Puleo, Miron Motion Carried. DISCUSSION ON JULY 20, 2006 PLANNING COMMISSION WORKSHOP ON CODE ENFORCEMENT ISSUES At its July 20, 2006 meeting, the Planning Commission held a workshop to discuss issues related to code enforcement in the City. Council appointed Council member Becky Petryk to attend this meeting on behalf of the Council. The City Council member Petryk, along with CD Director Bryan Bear, presented Council the discussion that took place at the workshop, as well as the general direction requested by the PC for the enforcement of public nuisance issues. Council member Petryk requested another Council representative to serve on the committee. Petryk made motion, Miron seconded, to approve Council member Frank Puleo to the code enforcement committee. All aye. Motion Carried. APPROVE PURCHASE AGREEMENT FOR PROPERTY AT 5399145 STREET CD Bryan Bear was successful in reaching an agreement for the purchase of Schoeller house at 5399 City Council meeting of August 7, 2006 Page 7 145'h Street for $135,000. The City will be responsible for demolition costs in excess of the $15,000 agreed to by the Schoeller family. Because the Schoeller family was selling the property, Council agreed to purchase the house for the future extension of Finale Avenue, north from the new CSAH 8. A draft Purchase Agreement was provided to Council for its review. Granger made motion, Puleo seconded, to approve the Purchase Agreement for the Schoeller property at 5399 145' Street in the amount of $135,000. All aye. Motion Carried. APPROVE PRELIMINARY PLAT AND CUP FOR SUNSET SHORES Benchmark Companies requested approval of a rural preservation program (RPP) preliminary plat and conditional use permit for the development of 42 single family homes on 142.74 acres to be known as "Sunset Shores." The majority of the homes will be located on lots approximately 1 acre in size clustered near the center of the site. A community septic and well system will serve the development and access will be provided from 120' Street and 125'h Street. The development preserves 60% of the site as permanently protected open space in six outlots. The Planning Commission reviewed this item at its July 13, 2006 meeting with a motion to approve failed 3-3; therefore, the project was forwarded to Council with no recommendation. City Planner Kendra Lindahl provided a detailed PowerPoint presentation of the project. COUNCILMAN HAAS ARRIVED AT 7:55PM. City Attorney Dave Snyder emphasized that tonight's discussion should focus only on application of the City's current rural preservation ordinance. Developer Tim White addressed Council citing that this project has been very expensive to date due to engineering costs and provided Council with a visual of the number of homes existing in the Sunset Lake area. Geologist Shane Sparks provided Council with details for the community septic system and community well water. Mayor Miron opened the meeting for comments from the public, and a long discussion was held with nine residents providing comments to the following: water quality of drainage from the site; inconsistent with City's Comprehensive Plan; density and density bonuses; traffic; speed; concern with public park/access to Sunset Lake; maintain "rural character"; and if three lots were removed from plat, who would own the property. Mayor Miron then opened discussion to Council. Council member Puleo provided a history of the current ordinance. Council discussed bonus densities and agreed that Lots 1, 2, and 3, Block 4 should be removed from the plat because the architectural standards for a 10% bonus have not been met. Density bonuses were allowed for the following: access by public to trails and open space; contribution to endowment fund; preservation of environmentally significant open space; and landscaping. Miron made motion, Granger seconded, to adopt RESOLUTION 200643 APPROVING THE PRELIMINARY PLAT FOR SUNSET SHORES FOR 39 HOMES AND SIX OUTLOTS. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Miron made motion, Petryk seconded, to adopt RESOLUTION 200644 APPROVING A CONDITIONAL USE PERMIT FOR SUNSET SHORES. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. City Council meeting of August 7, 2006 Page 8 DISCUSSION ON CODE VIOLATION LETTER TO ALEX MINICH AND POOR CONDITON OF END ZONE AND MOTEL In mid-July 2006, City staff inspected the End Zone restaurant and motel and observed a condition of slum and blight, including the open doors at the motel revealing refuse, debris, and junk. City staff sent property owner Alex and Zina Minich a certified letter requesting that the property be cleaned up and secured by Friday, July 28, 2006. Alex and Len Minich met with City staff on Friday, July 28, 2006, at City Hall, and discussed the issue and staff provided them a demolition application. To date, the Minich's have not done anything to clean up or secure the motel buildings. Under Minnesota Statute, the City's chief building official has the jurisdiction under which to request the immediate removal of a public health, safety hazard, of which staff has determined that this property has presented itself as. Alex and Len Minich were present at the meeting stating that they had filed for a demolition permit with the City for the two motel buildings and the house. The bar/restaurant building will remain. Miron made motion, Haas seconded, that the End Zone motel and house be demolished within 30 days from August 7, 2006. All aye. Motion Carried. Miron made motion, Haas seconded, to adopt RESOLUTION 2006-45 RESOLUTION MAKING CERTAIN FINDINGS WITH RESPECT TO A SUBSTANDARD BUILDING. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. REPORT ON JD2 BLUE RIBBON TASK FORCE MEETING OF AUGUST 3, 2006 AND PROPOSED MAINTENANCE PLAN On Thursday, August 3, 2006, the JD Blue Ribbon Task Force reconvened, meeting for the first time since April 20, 2006, at which a general agreement had been reached by all parties with direction to staff to finalize the draft of the Memorandum of Agreement. Council member Frank Puleo provided Council with an update on the meeting held with the MnDNR, the RCWD, and BWSR, stating that revisions to the Memorandum of Agreement will be reviewed at a future meeting. DISCUSSION ON MINOR MAINTENANCE OF JD#2 Water Resource Engineer Pete Willenbring presented Council with a survey outlining the minor maintenance proposed to be completed on JD#2. He stated that he would obtain bids for completion of the work and present results for the Council's August 21, 2006 meeting. Residents John Waller, Jeff Gruett, and Vince Niemczyk provided comments to Council on the proposed maintenance on JD#2, including Branch 2. Miron made motion directing staff to submit to apply for permits to complete minor maintenance on JD#2 to the original profile. Motion failed for lack of second. City Council meeting of August 7, 2006 Page 9 Granger made motion, Haas seconded, directing City staff to obtain bids for minor maintenance work on JD#2 and provide a report at the Council meeting of August 21, 2006. All aye. Motion Carried. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Mary Creager City erk