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HomeMy WebLinkAbout2006.10.02 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 2, 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, Water Resource Engineer Pete Willenbring, and City Clerk Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL MEETING OF SEPTEMBER 18, 2006 Haas made motion, Petryk seconded, to approve the minutes for the September 18, 2006 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Remove J.3 at the request of the Washington County Sheriffs Office Add M.1— Washington County League of Local Governments Meeting on October 30, 2006 Miron made motion, Haas seconded, to approve the agenda for October 2, 2006 as amended. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve Appointment of Kathy Brevig and Trina Oswald as Associate Commissioners on Historical Commission Approve Encroachment Agreement for Construction of Deck at 13585 Freeland (Gary Schuster) Approve Annual Performance Review for PW Worker Paul Christianson Approve Annual Performance Review for PW Worker Tim Kieffer Approve Pay Request from Washington County for Work Completed to Date on CSAH 8/14 Project Approve Site Plan for Kid2Place Childcare Center (Dragonfly Group) Approve Reduction in Letter of Credit for Victor Gardens 4d' Addition Approve Final Acceptance of Public Improvements for the Heritage Ponds 2"d Addition All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for October 2, 2006 as presented. APPROVE APPOINTMENT OF KATHY BREVIG AND TRINA OSWALD AS ASSOCIATE COMMISSIONERS ON THE HISTORICAL COMMISSION Kathy Brevig and Trina Oswald submitted applications to the City for appointment to the Historical City Council meeting of October 2, 2006 Page 2 Commission. As Council is aware, Kathy served for the past 1 %: years on the Centennial Commission, and she desires continued volunteer involvement with the community. Although the seven -member Historical Commission currently has no vacancies, these individuals desire volunteer service on the Commission. City staff reviewed the membership opportunities, which allows for associate commissioners, who would provide volunteer service, but are not voting members. City staff reviewed the applications with Chair Kitty Cheesebrow and found them to be satisfactorily complete. Adoption of the Consent Agenda approved the appointment of Kathy Brevig and Trina Oswald as associate commissioners on the Historical Commission. APPROVE ENCROACHMENT AGREEMENT FOR CONSTRUCTION OF A DECK AT 13585 FREELAND (GARY & ROXANNE SCHUSTER) Gary and Roxanne Schuster, 13585 Freeland Avenue North (Beaver Ponds) applied for an encroachment agreement to permit a deck to be located nine feet into the drainage and utility easement. Stats found that there would be no negative impact to the drainage and utilities in the area. Adoption of the Consent Agenda approved an encroachment agreement for Gary and Roxanne Schuster, 13585 Freeland Avenue, to construct a deck nine feet into the drainage and utility easement. APPROVE ANNUAL PERFORMANCE REVIEW FOR PW WORKER PAUL CHRISTIANSON On September 27, 2004, the City hired Paul Christianson as one of the new public works maintenance workers. Over the past two years, Paul has worked hard and demonstrates a good work ethic in performing his day -today public works maintenance duties. Paul is a skilled maintenance worker and has proven to be a valued member of the public works department team. Adoption of the Consent Agenda approved the annual performance review for public works worker Paul Christianson. APPROVE ANNUAL PERFORMANCE REVIEW FOR PW WORKER TIM KIEFFER On September 27, 2004, the City hired Tim Kieffer as one of its new public works maintenance workers. Over the past two years, Tim has worked hard and demonstrates an excellent work ethic and commitment to the City in performing his day-to-day public works maintenance duties. Tim is a skilled and valued member of the public works department team. Adoption of the Consent Agenda approved the annual performance review for public works worker Tim Kieffer. APPROVE PAY REQUEST FROM WASHINGTON COUNTY FOR WORK COMPLETED TO DATE ON CSAR 8/14 PROJECT The City has received another pay request from Washington County for work completed to date on CSAH 8/14 project. Senior Engineering Technician Scott Anderson and Finance Director Ron Otkin have reviewed the request and found it to be consistent for work completed to date on the project. Adoption of the Consent Agenda approved the pay request from Washington County in the amount of $48,186.21. APPROVE SITE PLAN FOR KIDZPLACE CHILDCARE CENTER (DRAGONFLY GROUP) Dragonfly Group has requested site plan approval of a proposed childcare center and attached rental City Council meeting of October 2, 2006 Page 3 office spaces located at 5448 140th Street North. The property is located immediately north of Rick's Liquor and North County Auto Body. The development would consist of one building totaling 8,200 square feet with an associated parking lot with a fenced in play area in the back of the building. The Planning Commission reviewed the site plan request for the proposed KidzPlace Childcare Center at its September 14, 2006 meeting and unanimously recommends approval of the site plan. Adoption of the Consent Agenda approved adoption of Resolution 2006-59 aFXroving the site plan for a proposed childcare center and attached rental office spaces at 5448 140 Street. APPROVE REDUCTION IN LETTER OF CREDIT FOR VICTOR GARDENS a ADDITION Developer Pratt Homes has requested the City reduce the letter of credit being held for the newly constructed public and private improvements in the Victor Garden 0 development. The City would continue to hold a Letter of Credit in the amount equal to 10% of the total cost of the improvements, or $104,977.11. The developer completed the wear course paving on this project and the City has accepted the improvements. The one (1) year warranty for the improvements has begun and the City will continue to hold a letter of credit until this warranty expires. Adoption of the Consent Agenda reduced the letter of credit to $104,977.11 Developer Centex Homes has requested the City accept the constructed public improvements for the Heritage Ponds 2nd Addition. Acceptance of the public 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 City would continue to hold a Letter of Credit in the amount equal to 25% of the original cost of the improvements during the one year warranty period. Adoption of the Consent Agenda approved final acceptance of public improvements for Heritage Ponds 2"d Addition. REQUEST FOR VACATION OF DRAINAGE EASEMENT AT 14189 FINALE (WALLER) A public hearing was scheduled for Monday, October 2, 2006, on or after 7:00 pm, in order to take public comment regarding the request from Alice Waller at 14189 Finale for vacation of a drainage easement on the rear of her property. CD Director Bryan Bear explained that the RCWD has required the easement when the plat was approved 11 years ago. The City of Hugo, as the Local Governing Unit (LGU) must now interpret under Rule E whether the easement should be vacated. Mayor Miron and Council members raised issues, including water quality, distance of the buffer, width of the easement, and change in use to recreation. Mayor Fran Miron opened the public hearing for any and all public comment on the issue. Applicant Alice Waller stated that there is no need for the easement and it is a poor law. John Waller provided a history of the easement requirement and concurred with his sister's assessment that the easement is not needed. Adjoining property Marvin LaValle submitted a letter for inclusion in the public record indicating his objection to vacation of the easement. The public hearing was closed for Council discussion. City staff recommended Council deny the request for vacation of a drainage easement as it relates to Branch 2 of JD3 as applicant had not demonstrated a need for the vacation. Mayor Miron questioned whether an easement had been vacated for what appeared to be construction in the easement on property north of the Waller property. Council member Mike Granger City Council meeting of October 2, 2006 Page 4 expressed concern that the City could be setting a precedent if this easement was vacated, as there are many properties in Hugo with similar easements. Miron made motion, Haas seconded, to table this request to allow staff time to provide Council with additional information and advise applicant when matter will be again be considered by Council. All aye. Motion Carried. UPDATE ON REFUSE HAULER LICENSE IN VICTOR GARDENS At its September 5, 2006 meeting, Council listened to City Attorney Dave Snyder as he explained that a letter had been received from a resident in the Victor Gardens subdivision requesting a review of the refuse haulers license in his neighborhood. Specifically, the Victor Gardens Homeowners Association had contracted with Lakeville Sanitation, who in turn subcontracted to local hauler Gene's Sanitation. Dave reported to Council that he would review this issue in more detail and provide Council with an update at an upcoming meeting. Since that time, staff received notification from both Lakeville Sanitation and Gene's Sanitation that the contract for the VGHA has been transferred and awarded to Gene's Sanitation. Staff would like to clarify this issue for the resident who first brought the matter to the City's attention, as well as to Hugo residents, that Gene's Sanitation is a licensed hauler in the City and is now currently the approved and designated hauler in the Victor Gardens neighborhood since June 2006. No formal Council action was taken. DISCUSSION ON PROPOSED PUBLIC IMPROVEMENTS FOR OAKSHORE PARK NEIGHBORHOOD As members of the Oakshore Park Homeowners Association, Council members Becky Petryk and Mike Granger abstained from discussion and voting on this issue. On September 8, 2006, Hugo City officials and representatives from the Oakshore Park Board of Directors held a meeting in order to discuss the proposed public improvements to the Oakshore Park neighborhood. Members of the Board informed City officials that they had held a meeting and polled their neighbors and found that a majority supported the project. They further informed City officials that they were going to go door-to-door to obtain votes from the remainder of those individuals who had not voted previously. City Engineer Jay Kennedy presented Council with the results of the feasibility study for the construction of public improvements in the Oakshore Park neighborhood. Haas made motion, Puleo seconded, to accept the feasibility study for public improvements in Oakshore Park and to call for a public hearing at the Council meeting of November 6, 2006. VOTING AYE: Haas, Puleo, Miron ABSTAINED: Granger and Petryk Motion Carried. DISCUSSION ON OPEN SPACE REFERENDUM FOR WASHINGTON COUNTY At it September 13, 2006 meeting, the Hugo Parks and Recreation Commission listened to a presentation from Cordelia Pierson in regard to the Washington County open space referendum scheduled for City Council meeting of October 2, 2006 Page 5 Tuesday, November 7, 2006. This referendum was authorized by the Washington County Board and would include $20,000,000 in public funds that would be used to purchase open space and greenway corridors in Washington County. The Parks Commission voted unanimously to support the referendum. After comments in support/opposition of the referendum, Council did not take an official position on the referendum, but suggested that residents inform themselves about the referendum and make their own decision based on their research. No formal Council action was taken. DISCUSSION ON APPOINTMENT OF CHAIR OF PARKS AND RECREATION COMMISSION At its September 18, 2006 meeting, Council accepted the resignation from Parks and Recreation Commission Chair Kitty Cheesebrow, who cited a change in her work duties that would not allow her to perform her duties as Chair of the Parks Commission. Council directed staff to advertise for the vacancy, as well as to discuss her future replacement. PW Director Chris Petree solicited members of the Commission, and one of the members, Roger Clarke, has volunteered to serve as Chair of the Commission. Roger was appointed to the Commission more than two years ago and has served an active and involved Parks Commissioner in a variety of capacities, and for nearly two years, on the Parks Project Funding Committee. Miron made motion, Haas seconded, to appoint Roger Clarke as the new Chair of the Parks and Recreation Commission. All aye. Motion Carried. APPROVE PRELIMINARY PLAT AND VARIANCE FOR KELLISON ADDITION SUBDIVISION Jim Kellison requested approval for a preliminary plat and variance for a 4.9 -acre piece of property located at the northeast corner of 129x' Street and Elmcrest Avenue, to be divided into three lots. The property is zoned R-1, requiring a minimum lot size of one acre. As shown, all three lots would be over one acre in size. The Planning Commission reviewed the preliminary plat and variance request for the proposed Kellison Addition at a public hearing at its September 14, 2006 meeting and unanimously recommended approval. Mr. Kellison questioned one of the conditions of approval relating to the need for sewer and water to be operable at the site. He also felt that others should share in the cost of blacktopping Elmcrest Avenue, adjacent to the plat, as the property to the west could be developed. He later withdrew these requests. Miron made motion, Haas seconded, to adopt RESOLUTION 2006-56 APPROVING VARIANCE FINDINGS OF FACT AND PRELIMINARY PLAT FOR PROPERTY LOCATED AT 129TH STREET AND ELMCREST AVENUE (KELLISON). VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. City Council meeting of October 2, 2006 Page 6 DISCUSSION ON SWPPP APPLICATION TO MPCA FOR MINOR MAINTENANCE OF JD2 At is September 18, 2006 meeting, Council listened to Water Resource Engineer Pete Willenbring of WSB Engineers explain how the City has made application to the Minnesota Pollution Control Agency (MPCA) for a SWPPP Permit to allow the City to proceed with the routine maintenance of JD2. To date, the MPCA has not issued a permit to the City, but instead has informed City staff that they would be holding a meeting with other state agencies to insure that the City's application includes any and all best management practices (BMP) to provide for the protection of Lake Peltier, which has been declared an impaired water body by the MPCA. Pete provided Council with a PowerPoint update on the City's application, and outlined three options available for consideration. Lisa Thorvig and Tim Larson from MPCA addressed Council providing Council with background on the MPCA's permitting process and how it affects the City in its effort to conduct minor maintenance of JD2. Miron made motion, Granger seconded, directing staff to follow the recommendation of Option 2 to work with partners to complete JD2/Hardwood Creek TMDL plan and then apply for a "general" NPDES permit and evaluate the routine minor maintenance exemption as it applies to this particular work. All aye. Motion Carried. Miron made motion, Granger seconded, directing staff to schedule a workshop with MPCA after the first of year, to educate Council on the TMDL permitting process and invite neighboring communities to attend the workshop as well. All aye. Motion Carried. Miron made motion, Haas seconded, directing staff to work with JD2 minor maintenance low bidder Hulegaard Construction to determine whether they would offer an extension of the low bid beyond the 60 days included in the contract. All aye. Motion Carried. REQUEST FROM MNDOT FOR COOPERATIVE AGREEMENT TRANSPORTATION PROJECTS FOR 2008 The City of Hugo received the annual request for solicitation from MnDOT for cooperative agreement transportation projects. City staff is prepared to submit applications for traffic signals at 147' Street and 130'x' Street intersections with Highway 61. City Engineer Jay Kennedy presented the project applications to Council, along with any changes in the applications from last year. Granger made motion, Haas seconded, to adopt RESOLUTION 2006-57 REQUESTING FUNDING FROM MNDOT THROUGH THE MUNICIPAL AGREEMENT PROGRAM FOR TH61/130TH ST. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. City Council meeting of October 2, 2006 Page 7 Petryk made motion, Granger seconded, to adopt RESOLUTION 2006-58 REQUESTING FUNDING FROM MNDOT THROUGH THE MUNICIPAL AGREEMENT PROGRAM FOR TH61/147TH ST. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. This resolution would include a priority on this agreement over the TH61/13e Street agreement. DISCUSSION ON PROPOSED EMPLOYEE RECOGNITION PROGRAM Miron made motion, Haas seconded, to table this matter until the Council meeting of October 16, 2006. All aye. Motion Carried. WASHINGTON COUNTY LEAGUE OF LOCAL GOVERNMENTS Miron made motion, Haas seconded, to schedule a special Council meeting for Monday, October 30, 2006, 5:30 pm, to allow Council attendance at the Washington County League of Local Governments dinner meeting at the Prom Center. All aye. Motion Carried. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Mary Ann Creager City Clerk