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HomeMy WebLinkAbout2006.08.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 21, 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, Finance Director Ron Otkin, City Planner Kendra Lindahl, and City Clerk Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL MEETING OF AUGUST 7, 2006 Haas made motion, Granger seconded, to approve the minutes for the August 7, 2006 meeting as amended. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF AUGUST 9, 2006 Haas made motion, Granger seconded, to approve the minutes for the August 9, 2006 Council ribbon cutting ceremony at the new Oneka Elementary School as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF AUGUST 12, 2006 Haas made motion, Petryk seconded, to approve the minutes for the August 7, 2006 Council attendance at the Centennial Celebration as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF AUGUST 13, 2006 Haas made motion, Petryk seconded, to approve the minutes for the August 7, 2006 Council attendance at the Centennial Celebration as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF AUGUST 15, 2006 Haas made motion, Petryk seconded, to approve the minutes for the August 7, 2006 Council attendance at the Centennial Celebration as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add G.12 — Acceptance of Public Improvements and Reduction of LOC (Victor Gardens No Village) Add L.1 — Letter from Sunset Lake Homeowners Association President, Jim Laumer City Council meeting of August 21, 2006 Page 2 Miron made motion, Haas seconded, to approve the agenda for August 21, 2006 as amended. All aye. Motion Carried. PRESENTATION OF CERTIFICATES OF APPRECIATION TO CENTENNIAL COMMISSION AND HISTORICAL COMMISSION FOR HUGO CENTENNIAL CELEBRATION EVENTS On August 12, 13, and 15, 2006, the City of Hugo celebrated its 100' Birthday, culminating with the time capsule burial ceremony, highlighted by comments and a proclamation from Governor Tim Pawlenty and U.S. Congressman Mark Kennedy. This "once -in -a -city's -lifetime" event is a result 6f the efforts of the Centennial Commission, who were appointed in 2005 by Council, and the Historical Commission, who put together a fantastic historical display. The centennial celebration weekend of activities began with a 5K fun run, 1 -mile fun run, and toddler races, and featured a Taste of Hugo, an ice cream social, and a very special time capsule burial ceremony along with a sponsors' reception. The event could not have taken place without the generosity of Wilson Tool and Schwieters Companies, as well as many other generous businesses. The Centennial Commission was chaired by Tina Volpe, and the Historical Commission's chair Kitty Cheesebrow, under whose leadership a great weekend of activities took place. Mayor Fran Miron presented Certificates of Appreciation to Centennial Commission members, Historical Commission members, and administrative intern Matt Stemwedel, who was directly responsible for providing staff liaison necessary to complete all the final duties and tasks. After the presentation of the certificates, Chair Tina Volpe shared comments with Council and audience after which Council acknowledged its appreciation of their activities by a round of applause. Miron made motion, Petryk seconded, to adopt the City of Hugo's 100d' Centennial Proclamation. All aye. Motion Carried. CONSENT AGENDA Granger made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Reduction in Letter of Credit for Victor Gardens North Village 2"d Addition Approve Contract with Arnt Construction for Demolition of House at 5399 145d' Street Approve Rescheduling of First Council Meeting in September to September 5, 2006 Approve Rescind of CUP for Hampel Property at 5075 124d' Street All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for August 21, 2006 as presented. City Council meeting of August 21, 2006 Page 3 APPROVE REDUCTION IN LETTER OF CREDIT FOR VICTOR GARDENS NORTH VILLAGE 2"D ADDITION David Bernard Builders and Developers Company (Rottlund Homes) requested the City reduce the letter of credit being held for the newly constructed public and private improvements in the Victor Garden North Village 2"d Addition. The City would continue to hold a Letter of Credit in the amount equal to 125% of the cost of the work remaining to complete the improvements, or $76,875 for the improvements. Adoption of the Consent Agenda approved reduction of the letter of credit being held for the newly constructed public improvements in the Victor Garden North Village 2"d Addition to $76,875. APPROVE CONTRACT WITH ARNT CONSTRUCTION FOR DEMOLITION OF HOUSE AT 5399 145STREET At its August 7, 2006 meeting, Council approved the final purchase agreement for purchase of the Schoeller house located at 5399 1450' Street and directed City staff to proceed with demolition of the house. City staff received a total of four quotes for the demolition, which includes the asbestos and lead abatement. Adoption of the Consent Agenda approved the contract with Arnt Construction for demolition of the house at 5399 145d' Street, at a low quote of $20,652. APPROVE RESCHEDULING OF FIRST COUNCIL MEETING IN SEPTEMBER TO SPETEMBER 5.2006 The first meeting in September falls on the Labor Day Federal Holiday. Adoption of the Consent Agenda moved the first Council meeting in September to Tuesday, September 5, 2006 at 7:00 pm. APPROVE RESCIND OF CUP FOR HAMPEL PROPERTY The Hampel family requested that the Council rescind a CUP that was previously approved for their property at 5075 1244 Street. The CUP was approved to allow for an addition to an accessory building. Due to changes to the City's zoning regulations, the accessory building is now allowed on the property without a CUP. Adoption of the Consent Agenda approved adoption of Resolution 2006-46 rescinding the CUP for the Hampel property located at 5075 124d' Street North. APPROVE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND REDUCTION OF LETTER OF CREDIT FOR VICTOR GARDENS NORTH VILLAGE CPDC requested the City accept the constructed public improvements for the Victor Garden North Village. Acceptance of the improvements would begin a one-year warranty period. At the end of one year, the project would be considered complete and maintenance activities would become the responsibility of the City. The developer also requested a reduction to their LOC being held for the public improvements to the minimum of 10% of the original amount. The City would continue to hold a LOC in the amount equal to 10% of the cost of the improvements or $136,756 for the improvements during the one-year period. Adoption of the Consent Agenda approved acceptance of public improvements and reduction in the Letter of Credit for Victor Gardens North Village. City Council meeting of August 21, 2006 Page 4 APPROVE PRELIMINARY PLAT AND PUD FOR POSTAL CREDIT UNION IN VICTOR GARDENS NORTH VILLAGE 4TH ADDITION Council member Haas requested this issue be removed from the Consent Agenda for discussion. POA - Scherer, LLC and Postal Credit Union requested approval of a Preliminary Plat and PUD General Plan to construct a 5,000 -square foot bank with drive-through tellers on a 1.62 acre lot with a 4.25 -acre outlot on the 5.88 -acre site. The site is currently platted as Outlot A of the Victor Gardens North Village PAddition. The Planning Commission held the public hearing at its August 10, 2006 meeting and voted unanimously to recommend approval. Councilman Haas requested further information about the business. The president of the credit union addressed Council defining the business and how it will benefit the City and its residents. Haas made motion, Granger seconded, to adopt RESOLUTION 200647 APPROVING THE PRELIMINARY PLAT FOR VICTOR GARDENS NORTH VILLAGE 4TH ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Haas made motion, Granger seconded, to adopt RESOLUTION 200648 APPROVING THE PUD GENERAL PLAN FOR VICTOR GARDENS NORTH VILLAGE 4TH ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE FINAL PLAT FOR VICTOR GARDENS NORTH VILLAGE 4TH ADDITION Council member Haas requested this issue be removed from the Consent Agenda for discussion. POA - Scherer, LLC requested approval of the final plat and development agreement for Victor Gardens North Village 4th Addition. City staff reviewed the final plat for one commercial lot and one outlot for future development and found it consistent with the preliminary plat and recommended approval. CD Director provided Council with background of the proposed development. Haas made motion, Granger seconded, to adoption of RESOLUTION 2006- 49 APPROVING THE FINAL PLAT AND DEVELOPMENT FOR VICTOR GARDENS NORTH VILLAGE 4TH ADDITION. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE PUD AMENDMENT FOR VICTOR GARDENS SOUTH VILLAGE Council member Haas requested this issue be removed from the Consent Agenda for discussion. Positive Companies, Inc. requested approval of a PUD Amendment to allow some changes to the approved plans for Victor Gardens South Village. The applicant requested a PUD amendment to revise the commercial project to increase the total retail area from 19,572 square feet to 20,109 square feet, create one building from two retail buildings, remove outside dining areas/patios, allow a 24 -foot front City Council meeting of August 21, 2006 Page 5 yard setback for the north building elevation where flexibility was permitted for only a portion of the building and revise the building architecture. The Planning Commission reviewed this item at its August 10, 2006 meeting, and other than the applicant, there was no one present to speak on this item. The Planning Commission voted unanimously to recommend approval of the PUD amendment, based on the finding that the PUD amendment was consistent with the intent of the Victor Gardens PUD. Councilman Haas requested more information on the businesses that would be located in the new building. Positive Companies representative Jay Feider noted four potential businesses that would be locating in the retail area. Haas made motion, Granger seconded, to adopt RESOLUTION 2006-50 APPROVING THE PUD AMENDMENT FOR VICTOR GARDENS SOUTH VILLAGE. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE CUP AMENDMENT FOR BALD EAGLE SPORTSMAN ASSOCIATION Council member Puleo requested this issue be removed from the Consent Agenda for discussion. The Bald Eagle Sportsman Association is requesting approval of a CUP amendment to allow for the addition of a bathroom facility. The Planning Commission held a public hearing to consider this request on August 10, 2006. There were no speakers at the hearing, and the Commission voted unanimously to recommend approval of the CUP amendment. Councilman Puleo wanted confirmation that proper notices had been sent to adjoining residents and staff confirmed it. Haas made motion, Petryk seconded, to approved\ the request for an amendment to the CUP for the Bald Eagle Sportsman Association for the addition of a bathroom facility. VOTING AYE: Granger, Haas, Petryk, Miron ABSTAINED: Puleo Motion Carried. APPROVE ANNUAL COMPLIANCE INSPECTION AND RENEWAL OF AUTO DISMANTLING LICENSE FOR ARK RECYCLING Council member Haas requested that this issue be removed from the Consent Agenda for discussion. On August 9, 2006, the building inspection department conducted an on-site inspection of ARK Recycling located at 16143 Forest Blvd. After a thorough inspection, staff determined that the recycling facility is in compliance with Hugo City Code 130 regulating auto dismantling junkyard facilities. Councilman Haas asked staff about compliance with screening requirements and installation of test wells. CD Director stated that fencing had been installed but could not respond to the test well issue. Haas made motion, Granger seconded, to table this matter to allow staff time to follow up on test well requirement. All aye. Motion Carried. City Council meeting of August 21, 2006 Page 6 APPROVE WCA EXEMPTION FOR JD2 MINOR MAINTENANCE Council member Puleo requested that this issue be removed from the Consent Agenda for discussion. As directed by Council, staff made notice of application for Wetland Conservation Act Exemption for the proposed 2006/07 JD #2 Minor Maintenance Project, as described by Engineer Willenbring at the 8/7/06 Council meeting. The Technical Evaluation Panel reviewed the project at its meeting on 8/15/06 and recommended approval of the exemption. Councilman Puleo commented on a note from Jyneen Thatcher. He wanted assurance that the RCWD would be responsible for any unanticipated wetland impacts, not the City of Hugo. Puleo made motion, Haas seconded, to approve the WCA Exemption for JD2 minor maintenance with the understanding that the RCWD would be responsible for any unanticipated wetland impacts, not the City of Hugo. All aye. Motion Carried. ASSESSMENT HEARING FOR 129TH STREET IMPROVEMENT PROJECT At its July 5, 2006 meeting, Council held a public hearing on the 129h Street public improvement project, which was first brought to the City by Jim Kellison. Council directed City Engineer Jay Kennedy to schedule an assessment hearing for August 21, 2006, at which public comment would be taken in regard to the proposed assessments related to the public improvement project, which would bring municipal services to the area located to and around 129h Street at the north end of Bald Eagle Lake. Mayor Fran Miron opened the public hearing for public comment. Jim Kellison had several questions regarding the assessment, to which Finance Ron Otkin responded. On behalf of Gerald Miller, Mr. Kellison stated that Mr. Miller would like to defer his assessment until the sale of his property or change of activity. There were no written comments. Mayor Miron closed the public hearing for Council consideration to adopt the proposed assessment roll for the project. Haas made motion, Petryk seconded, to adopt RESOLUTION 2006-51 ADOPTING ASSESSMENTS FOR THE 129TH STREE IMPROVEMENT PROJECT. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. DISCUSSION ON ONEKA SHORES CONCEPT PLAN (THE BEARD GROUP) Mayor Miron and Council member Puleo removed themselves from discussion on the concept plan to avoid any perceived conflict of interest. At its August 10, 2006 meeting, the Hugo Planning Commission was presented with a concept plan from Bill Beard from the Beard Group for Oneka Shores, formerly the Del Webb project. The concept plan includes 752 homes on the 362 acre site, with a mix of single family detached homes and multi -family homes. Other than the applicant, there was no one present from the public to speak on this item. The applicant presented the sketch plan and answered questions from the Planning Commission. The Planning Commission expressed concerns about traffic, indicated that they would not support single family lots as small as 60 feet wide, and encouraged the City Council meeting of August 21, 2006 Page 7 developer to provide adequate space within the clubhouse to serve the needs of their project. CD Director Bryan Bear and developer Bill Beard provided Council with a PowerPoint presentation. Council member Haas encouraged retention of natural amenities and suggested staff research the possibility of a grant to install an overpass over TH61. Council member Granger stated that he would not favor lots less than 80 ft in width, reduction in setbacks, and extension of the MUSA. Any informal Council comments are advisory only and non-binding. DISCUSSION ON HOPKINS FARMS CONCEPT PLAN (J & B DEVELOPMENT) At its August 10, 2006 meeting, the Hugo Planning Commission was presented with a concept plan from J & B Development for the Hopkins Farms development on the St. Sauver property located along Jeffrey Avenue. The applicant requested comments on a rural preservation development sketch plan for the 97 - acre site and the development of 29 -single family homes to be known as "Hopkins Farms". The homes will be located on approximately 1 -acre lots, with individual septic and well systems. The applicant will retain 58.93 acres as permanently preserved open spaces that will be owned and maintained by the homeowners' association. The main concerns of the Planning Commission were lot sizes, individual well and septic systems, lot organization, and density bonuses. CD Director Bryan Bear provided a PowerPoint presentation describing the request and outlining areas of concern with the proposal: revise plan and return for further Planning Commission consideration; need for community well and septic; need for better job of clustering; and reevaluate bonuses or limit development to 19 lots. Council member Mike Granger agreed with Bryan's evaluation and wanted to see a new plan. Council member Haas stated: need to protect ponds and wetlands; and possible vision problem for drivers heading south on Jeffrey not seeing the road into development. Developer John Matthews stated that changes will be made to the concept plan for further PC consideration. Any informal Council comments are advisory only and non-binding. DISCUSSION ON REFUSE LICENSE FOR VICTOR GARDENS HOMEOWNERS ASSN. City staff was presented with a letter from a resident living in the Victor Gardens neighborhood who questioned whether the refuse license holder for the Victor Gardens neighborhood could subcontract refuse pickup to another hauler. City Attorney Dave Snyder prepared a letter outlining the legal issues related to the transfer of a license to cause an interpretation of current City Code. City staff recommends Council provide direction to staff in regard to the refuse license holder for the removal of refuse and recycling in the Victor Gardens neighborhood. Miron made motion, Haas seconded, to table this matter until the Council meeting of September 5, 2006. All aye. Motion Carried. DISCUSSION ON TRANSPORTATION FUNDING METHODS FOR TH61 The City Council's goals for 2006 include several transportation related items, including direction to research transportation funding methods. The City staff has been working with MnDOT staff to determine likely funding methods and timing for completion of various improvements along the TH 61 corridor and is preparing to meet with newly appointed area representative, Nick Thompson, along with other MnDOT officials. Staff recommended that a member of the Council be appointed to participate in City Council meeting of August 21, 2006 Page 8 this meeting as well as any necessary subsequent meetings, and be prepared to provide the Council with regular transportation related updates. Miron made motion, Haas seconded, to appoint Council member Mike Granger to attend transportation meetings, with Mayor Miron acting as backup. All aye. Motion Carried. SCHEDULE COUNCIL WORKSHOP TO DISCUSS CITY TAX LEVY Finance Director Ron Otkin has been preparing the City's proposed 2007 City budget. Staff requests Council direction as to the setting of a preliminary tax levy, which must certified and sent to the county and State by September 15, 2006. Staff will prepare a draft 2007 City budget and tax levy resolution for the Tuesday, September 5, 2006 City Council meeting. Miron made motion, Haas seconded, to schedule a Council workshop for Monday, August 28, 2006, at 8:30 am, to discuss the City's 2007 tax levy. All aye. Motion Carried. BROWN'S CREEK WATERSHED DISTRICT MANAGER'S TERM TO EXPIRE The City received notification from the Brown's Creek Watershed District that the terms of two managers are set to expire on October 21, 2006. State statute provides that the county board may select managers from a list of nominees provided by municipalities that are wholly or partially located the watershed district. Mayor Miron announced that any resident interested in serving the BCWD Board of Managers contact City Hall prior to August 25, 2006. No formal Council action was taken. LETTER FROM SUNSET LAKE HOA REGARDING REQUEST FOR MORATORIUM Council member Chuck Haas stated that he had received a letter from Jim Laumer, president of the Sunset Lake HOA, requesting Council consideration of a moratorium on new applications to the Rural Preservation ordinance until it is revised by the City. CD Director stated that the Planning Commission will be reviewing the ordinance at its meeting of September 14, 2006. Council concurred that appropriate revisions will be made in a timely manner. ROOF WARRANTY ISSUES ON PUBLIC WORKS BUILDING (EXECUTIVE SESSION) At its July 17, 2006 meeting, Council authorized City Attorney Dave Snyder to proceed with legal action against the general contractor, subcontractor, and architect for warranty issues on the roof of the new public works facility. The roof has been leaking since it was installed and corrective actions by all parties have been unsuccessful. Dave requested an executive session with Council to provide them with updates on the legal actions executed to date. Miron made motion, Petryk seconded, to recess the regular meeting and go into executive session. All aye. Motion Carried. City Council meeting of August 21, 2006 Page 9 RETURN TO REGULAR SESSION Granger made motion, Haas seconded, authoring the City Attorney to institute litigation against persons involved in the construction of the roof at the new public works facility. All aye. Motion Carried. ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 10:00 pm. All aye. Motion Carried. ��II G 6e x -x• Mary Creager City k