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HomeMy WebLinkAbout2006.11.06 CC MinutesMINUTES FOR HUGO CITY COUNCIL MEETING OF NOVEMBER 6, 2006 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, City Planner Kendra Lindahl, PW Director Chris Petree, Finance Director Ron Otkin, CD Intern Rachel Simone, and City Clerk Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL MEETING OF OCTOBER 16, 2006 Petryk made motion, Haas seconded, to approve the minutes for the October 16, 2006 meeting as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF OCTOBER 30.2006 ATY WASHINGTON COUNTY LEAGUE OF LOCAL GOVERNMENTS Haas made motion, Granger seconded, to approve the minutes for the October 30, 2006 meeting at the Washington County League of Local Governments at the Prom Center in Oakdale as presented. All aye. Motion Carried. APPROVAL OF AGENDA Miron made motion, Haas seconded, to approve the agenda for November 6, 2006 as presented. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Granger seconded, to approve the following Consent Agenda: Approval of Claims Approve Renewal of Annual License for Hugo Auto Parts Approve Volunteer Agreement with Community Volunteer Services Approve City Hall Closings on November 10, 2006 in Observance of Veterans Day and on November 23 and 24, 2006 for Thanksgiving Approve Pay Request from Washington County for Work Completed to Date on CSAH 8/14 Approve Encroachment Agreement for Deck at 15749 Fenway Avenue for Dean Dehling Approve 2006-2007 Annual Trail Application from Hugo Snowmobile Club Approve Increase in Pension Benefit Level for HFD Relief Association Approve Request for Continued Use of City Property on Sunset Lake for Weed Disposal Site All aye. Motion Carried. City Council meeting of November 6, 2006 Page 2 APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for November 6, 2006 as presented. APPROVE ANNUAL LICENSE RENEWAL FOR HUGO AUTO PARTS On October 17, 2006, the City, along with Washington County, conducted the annual inspection of the Hugo Auto Parts facility, as specified in the Special Use Permit, which conditions usage of the auto dismantling and junkyard facility. Building Official John Benson, Fire Marshal Marty Schwartz, and County Environmental Specialist Adam Frederick met with owner Mike Brandt to inspect the facility. Upon completion of the inspection, staff is pleased to report that Hugo Auto and Truck Parts meets the conditions of the SUP and is in compliance with City ordinance, Chapter 130. Adoption of the Consent Agenda approved the renewal of the annual license for operation of Hugo Auto Parts. APPROVE VOLUNTEER AGREEMENT WITH COMMUNITY VOLUNTEER SERVICES The City has received a request from Community Volunteer Services to renew the Volunteer Agreement that allows the City to be a volunteer site for volunteers referred to the City by Washington County and Community Volunteer Services. Adoption of the Consent Agenda approved the annual renewal of the Volunteer Agreement with Community Volunteer Services, which will the City to use volunteers. APPROVE CITY HALL CLOSINGS ON NOVEMBER 10, 2006 IN OBSERVANCE OF VETERANS DAY AND NOVEMBER 23 & 24.2006 FOR THANKSGIVING Adoption of the Consent Agenda approved the closing of City Hall on November 10, 2006 in observance of Veterans' Day, as well as on November 23 and 24, 2006 for the Thanksgiving holiday. APPROVE PAY REQUEST FROM WASHINGTON COUNTY FOR WORK COMPLETED TO DATE ON CSAH 8/14 PROJECT City staff received a pay request from Washington County for work completed to date on the CSAH 8/14 project. Senior Engineering Technician Scott Anderson and Finance Director Ron Otkin reviewed the request and found it to be satisfactory for the most recent work completed. Adoption of the Consent Agenda approved the pay request from Washington County for work completed on the CSAH 8/14 project, in the amount of $138,313.04. APPROVE ENCROACHMENT AGREEMENT DECK (a)15749 FENWAY AVENUE (DEALING) Dean and Carolyn Dehling, 15749 Fenway Avenue North, applied for an Encroachment Agreement to locate a portion of a deck in the drainage and utility easement on property located in the Creekview Preserve development. The deck would be located two feet into the easement. Adoption of the Consent Agenda approved the encroachment agreement for Dean and Carolyn Dehling, 15749 Fenway Avenue, to locate a portion of a deck in the drainage and utility easement on their property. City Council meeting of November 6, 2006 Page 3 APPROVE 2006-2007 ANNUAL TRAIL APPLICATION FROM HUGO SNOWMOBILE CLUB Each year, the Hugo Snowmobile Club submits its trail application to the City for the purpose of providing public recreational snowmobile trails during the winter. The application is for the four public trails outside of the popular Hardwood Creek Trail. City staff reviewed the application, along with the renewal of liability insurance coverage, which names the City as an additional insured. Adoption of the Consent Agenda approved the 2006-2007 annual trail application from the Hugo Snowmobile Club. APPROVE INCREASE IN PENSION BENEFIT LEVEL FOR HFD RELIEF ASSN. The Hugo Fire Department's Relief Association held a meeting last month in order to discuss the pension benefit that provides for pensions to those firefighters serving 10 or more years on the fire department. After discussion and analysis provided by Finance Director Ron Otkin, the relief association agreed to recommend to Council an increase of $100 per year of service effective January 1, 2007. This increase will not require a City contribution in calendar year 2007. Adoption of the Consent Agenda approved the pension benefit level to $2,500 effective January 1, 2007 for all members of the HFD Relief Association. APPROVE REQUEST CITY PROPERTY ON SUNSET LAKE FOR USE AS WEED DISPOSAL SITE In 2005, Council listened to a request from the Sunset Lake Homeowners Association, at which they requested use of the City -owned property on the southern edge of Sunset Lake, next to 125' Street, on which they wished to compost the weeds that had been harvested from the lake, in a MDNR-approved weed removal plan. Association president Jim Laumer has made an official request for the continued use of the property on which weeds would be composted in 2007 and which the association is appreciative for the City's support. Adoption of the Consent Agenda approved the continued use of the City property on the southern edge of Sunset Lake for a weed disposable site for the harvesting by the Sunset Lake Homeowners Association. APPROVE RESOLUTION CALLING FOR THE REDEMPTION OF TIF BONDS Council member Haas requested this matter be removed from the Consent Agenda for discussion. In 1997, the City issued taxable general obligation tax increment bonds in the amount of $320,000. The bonds were for the acquisition of property in the Bald Eagle Industrial Park. A call provision was included in the bond documents whereby all bonds maturing in the years 2008 through 2112 are subject to prepayment on February 1, 2007. Finance Director Ron Otkin reported that sufficient tax increments have been collected to allow for the prepayment of the remaining bond principal, with a savings of $41,000 to City taxpayers. Haas made motion, Petryk seconded, to adopt RESOLUTION 2006-61 CALLING FOR REDEMPTION OF CERTAIN OUTSTANDING BONDS FOR THE CITY'S $320,000 TAXABLE G.O. TAX INCREMENT BONDS, SERIES 1997. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. City Council meeting of November 6, 2006 Page 4 APPROVE APPLICATION FOR SOLICITOR'S LICENSE (THE WINDOW STORE) Council member Haas requested this matter be removed from the Consent Agenda for discussion. The City received an application for a Peddler's License from The Window Store, located in St. Louis Park, which is a windows, roofing, siding, and bathroom renovation company. City Clerk Mary Ann Creager reviewed the application and completed review of municipalities in which the company has conducted business, as well as reference checks of the individuals. This issue was not approved administratively to notify residents at the Council meeting of the license approval and the nature of the business. Puleo made motion, Granger seconded, to approve the Solicitor's License for The Window Store to conduct door-to-door solicitation for the home improvement business. All aye. Motion Carried. APPROVE SITE PLAN, CUP, AND VARIANCE FOR GRUNDHOFER'S OLD FASHION MEAT MARKET Council member Puleo requested this matter be removed from the Consent Agenda for discussion. The Planning Commission reviewed the site plan, conditional use permit, and variance at a public hearing on October 26, 2006. The applicant is requesting site plan, conditional use permit, and variance approval to operate a meat market and meat processing facility in an existing building located at 15449 Forest Boulevard North. A meat processing facility is only allowed in the General Business District (C-2) according to the City's land use regulations with a conditional use permit as an accessory use to a meat market. The applicant also has applied for a variance to allow 15 parking spaces where 26 are required by ordinance. The Planning Commission unanimously recommended approval of this application. Business owner Spencer Grundhofer addressed Council to promote his new business venture. Haas made motion, Granger seconded, to adopt RESOLUTION 2006-62 APPROVING THE SITE PLAN, CUP, AND VARIANCE FOR GRUNDHOFER'S OLD FASHING MEAT MARKET. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. OAKSHORE PARK NEIGHBORHOOD P.I. PROJECT (PUBLIC HEARING) At its October 6, 2006 meeting, Council listened to a presentation from City Engineer Jay Kennedy regarding the proposed Oakshore Park public improvement project. Council accepted the feasibility study for the project and scheduled a public hearing for November 6, 2006. All homeowners in the Oakshore Park neighborhood received a notice of the public hearing and were invited to the Council meeting. City Engineer Jay Kennedy provided a PowerPoint presentation with the project background and timeline. Mayor Fran Miron opened the public hearing for any and all public comment regarding the proposed public improvement project. Jess Roush asked about the need for a lift station, as stated in property owner letters, and property ditching. David Black voiced his support for the project. Chris Cox inquired about the length of construction and when property owners would have to connect to sanitary sewer. Council member Granger suggested that the contractor have a time limit to complete the project. City Council meeting of November 6, 2006 Page 5 Nick Steckhahn stated that the City would deviate from the one-year sewer connection requirement and be flexible with five to ten years. Jack Wussler stated that his house is for sale and questioned when the "clock" started running for sewer hookup. Mayor Miron closed the hearing and entertained discussion by the Council. Having none, Council thanked staff, the HOA executive board, and property owners for their efforts to make this a workable project. Miron made motion, Puleo seconded, to adopt RESOLUTION 2006-63 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE OAKSHORE PARK STREET AND UTILITY IMPROVEMENTS. VOTING AYE: Haas, Puleo, Miron ABSTAINED: Granger and Petryk Motion Carried. AWARD OF BID FOR CONSTRUCTION OF WELL #5 At its September 5, 2006 meeting, Council directed staff to solicit bids for the construction of well #5. On October 20, 2006, the City held a bid opening for the construction of well #5, which would be located in the Waters Edge neighborhood, near the intersection of Heritage Parkway and Oneka Parkway. PW Director Chris Petree stated that a total of three bids were received, ranging from $218,710 to $272,047. Granger made motion, Haas seconded, to award the bid for construction of well #5 to Keys Well Drilling Company, with. the low bid of $218,710. All aye. Motion Carried. DISCUSSION ON RURAL PRESERVATON CONCEPT PLAN FOR HOPKINS FARMS (J & B DEVELOPMENT Both the Planning Commission and City Council reviewed a previous sketch plan for this development on July 27, 2006 and August 21, 2006. Council directed the applicant to come back to the Planning Commission and City Council with a revised plan. The applicant is requesting comments on a rural preservation development sketch plan for the 97.12 -acre site and the development of 29 single family homes to be known as "Hopkins Farms." CD Intern Rachel Simone presented the concept review for consideration by Council. Council addressed concerns with the following: street lighting; potential access/egress problem due to hill to the north; trails; wetland buffers; and the need for DNR comment. Council took no formal action on this matter. RECOMMENDATION FROM BOARD OF ZONING APPEALS FOR VARIANCE FOR GARAGE ADDITION FOR 14189 FENWAY AVENUE (SCHWIEGER) Jason Schwieger, 6061 Street North, applied for approval of a variance to allow for the construction of a garage addition within the required side yard setback. The garage addition would reduce the setback to six feet where Hugo City Code requires a ten -foot setback. Staff found that the request did not meet the requirements for the granting of a variance and recommended denial. The Board of Zoning Adjustments City Council meeting of November 6, 2006 Page 6 and Appeals considered this request at its October 26, 2006 meeting and unanimously recommended approval of the request. Council was provided with two additional letters of opposition from neighbors. Jason reviewed his request with Council and provided a site plan of his proposed addition. Council member and Board of Zoning Adjustments and Appeals member Frank Puleo validated his reasons for approving the request and Council member Petryk concurred with his reasoning. Jason's neighbor, Josh Adamietz, presented his case outlining why the variance should be denied. After a lengthy discussion, and because a hardship was not demonstrated: Haas made motion, Granger seconded, to adopt RESOLUTION 2006-64 APPROVING THE FINDINGS OF FACT DENYING A VARIANCE FOR A SIDE YARD SETBACK FOR A GARAGE ADDITION AT 6061 144TH STREET NORTH. VOTING AYE: Granger, Haas, Miron VOTING NAY: Puleo and Petryk Motion Carried. APPROVE PROPOSED LANDSCAPING/STREET LIGHTING PLANS FOR CSAH 8/14 In early 2006, Council appointed Council members Mike Granger and Frank Puleo to a City -staff team organized to develop a landscaping and street lighting plan associated with the CSAH 8/14 project. The landscaping plan was developed by Landform's Ellen Stewart with input from the landscaping committee. The street lighting plan was developed by Connexus Energy, City staff, and the landscaping committee. Council considered for approval a proposed landscaping/street lighting plan. Ellen Stewart from Landform discussed with Council the master landscaping and street lighting plans. Ms. Stewart was complimented highly on her work on this project. Granger made motion, Puleo seconded, to approve the landscaping construction documents and authorize to schedule the bid process. All aye. Motion Carried. DISCUSSION ON NOVEMBER 20, 2006 COUNCIL MEETING Council members Becky Petryk, Mike Granger, and Frank Puleo have informed staff that their schedules will not permit them to attend the November 20, 2006 Council meeting. Miron made motion, Haas seconded, to cancel the regular City Council meeting of November 20, 2006 due to lack of a quorum. All aye. Motion Carried. PUBLIC AWARENESS NOTICE OF HUNTING RURAL HUGO Council member Chuck Haas would like to acknowledge the hunting in rural Hugo and publicly notify residents of the need for public safety in the carrying and discharge of guns in rural Hugo. City Council meeting of November 6, 2006 Page 7 RECOGNITION OF COUNCIL MEMBER CHUCK HAAS AND SERVICE ON METROPOLITAN COUNCIL WATER SUPPLY ADVISORY COMMITTEE As Council is aware, Council member Chuck Haas was appointed by Governor Tim Pawlenty in early 2006 to Metropolitan Council Water Supply Advisory Committee, on which he has served for the past several months in order to develop a master water supply plan for consideration and adoption by the Governor's office. Mayor Fran Miron recognized Chuck for his dedicated service on the committee and the completion of its advisory work and draft master plan, which was completed last month. REPORT ON SCHEDULING OF MEETING W/MET COUNCIL REPRESENTATIVES TO DISCUSS RURAL & OPEN PRESERVATION ORDINANCE At its October 16, 2006 meeting, Council listened to an update on the work completed to date by the Hugo Planning Commission on the proposed revisions on the rural and open space preservation ordinance. CD Director Bryan Bear reported from the October 12, 2006 meeting, that Commission member raised the potential conflict of the City's Metropolitan Council policy statement, the City's current ordinance, and the need to have a public meeting with Met Council officials. Staff announced that a meeting has been scheduled with the Hugo Planning Commission, Hugo City Council, and Metropolitan Council representatives in January 2007. Because a large amount of staff time has been devoted to this issue: Miron made motion, Petryk seconded, directing staff to notify the Planning Commission that no rural and open preservation ordinance discussion shall take place until after the meeting with the Metropolitan Council in January 2007. All aye. Motion Carried. RULING FROM BOARD OF COMMISSION ON WAGNER PARTNERS LLC LAND ACQUISITION FOR CSAH 8/14 PROJECT (EXECUTIVE SESSION) City Attorney Dave Snyder reported to Council on the final ruling from the Board of Commissioners in regard to the acquisition and valuation of land to be purchased from the Wagner Partners LLC for the CSAH 8/!4 project. Mayor Fran Miron closed the Council meeting for the purpose of discussion the agreement reached and the State Statute under which the City proceeded to work with Washington County officials to set the valuation for the land acquired for the CSAH 8/14 project. Puleo made motion, Granger seconded, to recess the regular meeting and go into executive session. All aye. Motion Carried. RETURN TO REGULAR SESSION City Attorney Dave Snyder explained that the City of Hugo will not appeal the decision of the Commissioner and their ruling on the valuation of the Wagner property. City Council meeting of November 6, 2006 Page 8 RECESS Haas made motion, Puleo seconded, to recess tonight's meeting at 10:00 pm until Wednesday, November 8, 2006, at 8:30 am, to conduct the Board of Canvass and discuss the final draft of the Memorandum of Agreement for maintenance of JD2. All aye. Motion Carried. Mary Ann Creager City Clerk MINUTES FOR THE RECONVENED COUNCIL MEETING OF NOVEMBER 6, 2006 Mayor Fran Miron reconvened the City Council meeting of November 6, 2006 at 8:36 am on November 8, 2006. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, and City Attorney Dave Snyder APPROVE FINAL DRAFT OF MEMORANDUM OF AGREEMENT WITH DNR/RCWD FOR MAINTENANCE OF JD2 The JD2 Blue Ribbon Task Force held another meeting on Friday, November 3, 2006 at which it reviewed the latest draft of a Memorandum of Agreement with the City of Hugo, the Minnesota DNR, and the RCWD for the maintenance of JD2. Mayor Miron passed the gavel to Acting Mayor Becky Petryk and sat in the audience. Council members Mike Granger and Frank Puleo presented to Council their comments in regard to the latest draft and a recommendation for approval of the final draft to Council. Council member Mike Granger stated that the agreement "is a good faith agreement with the MNDNR and RCWD." Council member Frank Puleo stated that the agreement would include a scheduling of quarterly meetings between the agencies on a regular basis. Council member Mike Granger stated that it is important to coordinate a press release to inform the public about the successful negotiations held between the MnDNR, the RCWD, BWSR, and the City of Hugo. Granger made motion Puleo, to approve the final draft of the Memorandum of Agreement with the RCWD and MnDNR for maintenance of JD2, as presented. All aye. Motion Carried. ADJOURNMENT Miron made motion, Petryk seconded, to adjourn at 9:25 am. All aye. Motion Carried. Michael A. Ericson City Administrator MINUTES FOR THE CITY COUNCIL EXECUTIVE SESSION OF NOVEMBER 6, 2006 PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, and City Clerk Mary Ann Creager City Attorney Dave Snyder provided Council with the status of litigation for acquisition of land from Wagner Partners LLC for the CSAH 8/14 project. The court-appointed Commissioners awarded Scott Wagner $4.25 a square foot for his land. It was the opinion of Mr. Snyder that the City not appeal the ruling. Dave was not clear as to whether or not Mr. Wagner would make an appeal. Council concurred with Mr. Snyder's opinion and the City will not appeal the decision. ADJOURNMENT Haas made motion, Granger seconded, to adjourn the executive session and return to the regular meeting. All aye. Motion Carried. Mary Ann Creager City Clerk