HomeMy WebLinkAbout2005.03.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MARCH 21, 2005
Mayor Fran Miron called the meeting to order at 7:00 pm.
PRESENT: Granger, Haas, 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; Planning Intern Tom Denaway;
and City Clerk Mary Ann Creager
ABSENT: Becky Petryk
CITY COUNCIL MEETING OF MARCH 7, 2005
Haas made motion, Puleo seconded, to approve the minutes for the Council meeting of March 7, 2005 as
presented.
All aye. Motion Carried.
APPROVAL OF AGENDA
Move up discussion of H.1 and H.2 after F.2
Miron made motion, Haas seconded, to approve the agenda for March 21, 2005 as amended.
All aye. Motion Carried.
PRESENTATION OF FLAG FLOWN OVER THE NATION'S CAPITOL (U.S. CONGRESSMAN
MARK KENNEDY
Senate 52 Republican officials requested and received from Congressman Mark Kennedy, a United
States flag, which was flown over the nation's capitol on May 19, 2003. On behalf of Senate District 52
officials, Johnna Kountz from Congressman Mark Kennedy's office officially presented the flag and
framed Certificate of Verification to the City of Hugo for future display. Mayor Fran Miron accepted the
flag on behalf of Hugo residents and publicly thanked the Congressman and his staff, as well as
Republican Senate District 52 officials.
RECOGNITION OF PLANNING COMMISSION SANDY MALASKI
Sandy Malaski has been a Hugo Planning Commissioner since 1994. Over the past 11 years, Sandy has
been involved in numerous review and approval of new neighborhoods, public facilities, and new
businesses. Sandy is a thorough and hard working Planning Commissioner, who is well prepared when
she comes to PC meetings. Sandy knows quality development and ensures that the City has received
that, in view of the many plats she has reviewed. The City is a better community because of the
volunteer efforts of Planning Commissioner Sandy Malaski. Mayor Fran Miron and Council members
provided Sandy with a framed resolution recognizing her accomplishments and service to the
community, as well as a Certificate of Appreciation memorializing her service on the PC.
Miron made motion, Puleo seconded, to adopt Resolution 2005-9 A RESOLUTION RECOGNIZING
SANDY MALASKI'S 11 YEARS OF PUBLIC SERVICE TO THE CITY OF HUGO.
All aye. Motion Carried.
City Council meeting of March 21, 2005
Page 2
CSAH 8/14 PROJECT UPDATE AND STATUS OF COUNTY ROADS (DON THEISEN)
At its March 7, 2005 meeting, Council member Chuck Haas requested an update on the status and
condition of county roads in rural Hugo, as well as a status update on CSAH 8/14 project. Washington
County Engineer Don Theisen and Washington County Commissioner Dennis Hegberg were present and
provided Council with an overview and update on the condition of county roads in rural Hugo, in
particular CR57, as well as the CSAH 8/14 project.
ONEKA PARKWAY CONSTRUCTION PROPOSAL
At a November 3, 2004 workshop, Council was presented with the feasibility study for Oneka Parkway
and over the past two months, City staff, along with Council members Mike Granger and Frank Puleo,
has continued to meet with representatives from Pulte Homes regarding the construction of the '/+ mile of
Oneka Parkway and its connection to CSAH 8. On March 15, 2005, City staff and Council members
again met with officials from Pulte Homes to continue discussions on construction proposals. City
Engineer Jay Kennedy provided a proposal for construction of the remainder of Oneka Parkway in 2005,
as well as how the project will be funded. No formal Council action was taken.
2004 BUILDING DEPARTMENT ANNUAL REPORT
Building Official John Benson and the building department prepared its 2004 annual report and activities
over the past year. CD Director Bryan Bear provided a PowerPoint presentation which provided an
excellent overview of the department's activities, as well as highlights and accomplishments. There will
be a marked increase in the housing permits in 2005.
CONSENT AGENDA
Haas made motion, Granger seconded, to approve the following Consent Agenda:
Approval of Claims
Approve Renewal for Optional Liquor 2 AM Closing (Sal's)
Approve Reappointment of Jennifer May to the Parks Commission
Approve On Sale Liquor License for Northstar Gay Rodeo (July 2-3, 2005)
Authorize Purchase of Lawn Mower Trailer for PW Department
Approve Hiring of Dan LaCasse as Summer Seasonal Employee in Public Works
Approve Advertising for Three Seasonal Public Works Employees
Approve Probationary Period for Tim Kieffer and Appoint as Regular Employee
Approve Probationary Period for Paul Christianson and Appoint as Regular Employee
All aye. Motion Carried.
APPROVAL OF CLAIMS
Adoption of the Consent Agenda approved the claims roster for March 21, 2005 as presented.
City Council meeting of March 21, 2005
Page 3
APPROVE RENEWAL FOR OPTIONAL LIQUOR 2 AM CLOSING (SAC'S)
Sal's Black Angus Grill made application to the City for a 2 am closing, as allowed by the Minnesota
State Legislature. Adoption of the Consent Agenda approved renewal of the 2 am closing for Sal's
Black Angus Grill.
APPROVE REAPPOINTMENT OF JENNIFER MAY TO THE PARKS COMMISSION
Jennifer May was appointed to the Parks Commission in 2002 and has served for the past three years.
Jennifer seeks a reappoint by Council, and under the Commission appointment policy, is afforded that
opportunity. Jennifer is an active and involved Parks Commissioner, who volunteers especially with the
neighborhood block program. Adoption of the Consent Agenda approved the reappointment of Jennifer May
to the Parks Commission for a three-year term.
APPROVE ON SALE LIQUOR LICENSE FOR NORTHSTAR GAY RODEO (JULY 2-3,2005)
For the past several years, the Northstar Gay Rodeo has held its annual rodeo at the Woodloch Stables.
As in year's past, the association made application for an on -sale liquor license for the event. City staff
reviewed the application and liquor liability insurance and found them to be satisfactorily complete.
Adoption of the Consent Agenda approved the on -sale liquor license for the Northstar Gay Rodeo for its
event on July 2-3, 2005 at Woodloch Stables.
AUTHORIZE PURCHASE OF LAWN MOWER TRAILER FOR PW DEPARTMENT
At its March 7, 2005 meeting, Council approved staff purchase of a Toro Z500 mower from the Hugo
Feed Mill. PW Director Chris Petree informed Council that staff would complete specifications for the
trailer and would bring back a recommendation to the City Council at this meeting for the purchase of a
trailer. Staff received prices from five different manufacturers for this trailer that ranged from $5,300 to
$9,400. Adoption of the Consent Agenda authorized the purchase a 2005 Felling FT -10 EG trailer from
Scharber & Sons for $5,760.63, which includes tax, license, and delivery. This trailer meets the needs of
the Public Works Department and is available through state contract pricing.
APPROVE HIRING OF DAN LACASSE AS SUMMER SEASONAL EMPLOYEE IN PUBLIC
WORKS
Dan LaCasse has worked for the City for the past three summers as a seasonal employee in the PW
department. Dan is a conscientious and hard worker, and desires to return to the City for the summer of
2005. Adoption of the Consent Agenda approved hiring of Dan LaCasse as a summer seasonal
employee in the PW department at an hourly rate of $12.00.
APPROVE ADVERTISING FOR THREE SUMMER SEASONAL PW EMPLOYEES
Included in its 2005 budget, Council approved the hiring of two additional summer seasonal employees.
Adoption of the Consent Agenda approved the advertising for three summer seasonal employees, who
would start in late May — early June.
City Council meeting of March 21, 2005
Page 4
APPROVE PROBATIONARY PERIOD FOR TIM KIEFFER AND APPOINT AS REGULAR
EMPLOYEE
Tim Kieffer was hired by the City on September 27, 2004 as one of the new PW maintenance
employees. Tim is a conscientious and hard worker, who is skilled in a wide variety of duties. Tim is
well respected and well liked by his coworkers and has an excellent future with the City. Adoption of
the Consent Agenda approved the six-month probationary period for Tim Kieffer and appointed him as a
regular employee.
APPROVE PROBATIONARY PERIOD FOR PAUL CHRISTIANSON AND APPOINT AS
REGULAR EMPLOYEE
Paul Christianson was hired by the City on September 27, 2004. Over the past six months, Paul has
demonstrated an excellent work ethic through his variety of public works skills and abilities. Paul is
well respected and well liked by his coworkers and has an excellent future with the City. Adoption of
the Consent Agenda approved the six-month probationary period for Paul Christianson and appointed
him as a regular employee.
Pratt Investment and Centex Homes requested final plat approval for the 2nd and final phase of the
Heritage Ponds development. This phase includes the remaining 42 single-family homes and 120
townhomes that were approved as part of the preliminary plat and PUD general plan on May 3, 2004.
Puleo made motion, Haas seconded, to adopt Resolution 2005-10 APPROVING THE DEVELOPMENT
AGREEMENT AND FINAL PLAT FOR HERITAGE PONDS 2ND ADDITION.
VOTING AYE: Granger, Haas, Puleo, Miron
Motion Carried.
APPROVAL OF CUP FOR VINCE AND JULIE LUTZ FOR HOME OCCUPATION BUSINESS
(15118 IRISH AVENUE)
Mayor Miron removed this item from the Consent Agenda for Council discussion. Mayor Miron felt
that the hours of operation should be determined only after the business had been in operation for a
period of time. Julie and Vince Lutz applied for a Conditional Use Permit to allow a home occupation
as an accessory use at 15118 Irish Avenue North. The applicant proposes to use an existing pole barn on
the property for a home occupation, consisting of an auto repair business. The Planning Commission
considered this application at its March 10, 2005 meeting and unanimously recommended approval.
Council concurred with amending Condition #4 to reflect no limit on hours of operation, but can be
considered by a future Council.
Miron made motion, Granger seconded, to adopt RESOLUTION 2005-11 APPROVING A CUP TO
ALLOW FOR A HOME OCCUPATION AS AN ACCESSORY USE AT 15118 IRISH AVENUE.
City Council meeting of March 21, 2005
Page 5
VOTING AYE: Granger, Haas, Puleo, Miron
Motion Carried.
STATUS REPORT ON IRISH AVENUE GRAVEL PIT
On February 25, 2005, City staff, Parks Commissioner Pete Pedersen, City Attorney Dave Snyder, and
City Assessor Frank Langer met with representatives from River City Asphalt (RCA) to discuss the
gravel pit on Irish Avenue. Specifically, staff reviewed with RCA officials the City's interest in
purchasing some or all of the land for parkland and a ballfield complex. As Council is aware, there is
significant history regarding this property, and the City's involvement, and a Special Use Permit that has
allowed the gravel pit to operate until its sunset date of November 2004. Staff was brought up-to-date
by the representatives as to the expected completion of its reclamation project, and also as to the
ownership of the property. Recently, company officials have begun the process of final cleanup, with
noise concerns being voiced from adjoining neighbors. Staff will also evaluate any damage done to haul
routes as a result of trucking from the pit.
Miron made motion, Haas seconded, directing staff to schedule a workshop with gravel pit neighbors at
the Rice Lake Centre Room to discuss the status of the gravel pit.
All aye. Motion Carried.
DISCUSSION OF CDBG GRANT APPLICATION FOR OLD ANTIQUE STORE
At its February 7, 2005 meeting, Council directed staff to submit a Community Development Block
Grant application to Washington County to finance both the purchase of the old antique store, as well as
to provide funding for demolition of buildings on the east side of TH61 next to Egg Lake. CD Director
Bryan Bear has received three rejection letters from Washington County regarding three separate
applications for funding of redevelopment activities on the east side of TH61. Bryan presented the
letters to Council, and discussed the future funding of the redevelopment activities on the east side of
TH61. On March 14, 2005, Hugo City staff held a meeting with Springsted and Briggs and Morgan
officials to discuss financing options for purchase of the old antique store.
Miron made motion, Granger seconded, to schedule a joint City Council/EDA meeting for April 18,
2005, Hugo City Hall, at 8:30 am, to discuss options available to the City for redevelopment on the east
side of TH61.
All aye. Motion Carried.
APPROVE AGREEMENT WITH RCWD FOR MINOR MAINTENANCE FOR JD2
At its joint meeting with the RCWD on January 14, 2005, Council accepted the compromise agreement
with RCWD for minor maintenance of JD2 for the next 18 months. Staff was directed to prepare a
Cooperative Agreement outlining the stipulation of agreement and that Agreement was drafted for
review by Council. City staff recommended Council approve the final draft of the agreement with the
RCWD for minor maintenance for JD2.
City Council meeting of March 21, 2005
Page 6
Miron made motion, Granger seconded, to approve the Memorandum of Agreement, as approved by the City
Attorney, and submit to the RCWD for their consideration at its meeting of March 23, 2005.
All aye. Motion Carried.
APPROVE COOPERATIVE AGREEMENT W/RCWD FOR JD2 CULVERT REPLACEMENT
PROJECT
At its January 24, 2005 meeting, Council discussed the proposed agreement with the RCWD to proceed
with the City of Hugo taking over and completing the JD2 culvert replacement project. City Attorney
Dave Snyder noted that the City will pay to the RCWD the amount of $107,500 and recommended
approval of the agreement.
Haas made motion, Puleo seconded, to approve the Settlement Agreement with the Rice Creek
Watershed District for the JD2 culvert replacement project, subject to non -substantive changes by the
City Attorney.
All aye. Motion Carried.
RURAL PRESERVATION PROGRAM ORDINANCE
At the joint Planning Commission and City Council meeting on January 27, 2005, staff was directed to
prepare a draft ordinance for discussion at a public hearing. The Planning Commission held a public
hearing to discuss the ordinance on March 10, 2005. Following the public hearing, the Planning
Commission voted to recommend approval of the draft ordinance. CD Director Bryan Bear presented
the final recommendation from the Planning Commission, as well as a brief history of how the ordinance
was crafted. Council discussed the proposed ordinance and changes they would like incorporated into
the document.
Miron made motion, Haas seconded, to table this matter to allow staff to make requested changes to the
draft ordinance, and those changes to be highlighted/underlined for Council review and approval.
All aye. Motion Carried.
APPROVE NAMING OF FROG HOLLOW PARK IN CREEKVIEW PRESERVE
The Parks Commission received 12 name nominations for the park in the Creekview Preserve
Neighborhood. Over 25% of the nominations included a reference to frogs due to the high concentration
of frogs on the park property. The Parks Commission unanimously selected the name "Frog Hollow
Park", as submitted by resident Allen Bower, who will be recognized by the Parks Commission with a
Certificate of Appreciation and Commemorative Mug.
Granger made motion, Puleo seconded, to approve naming of the park in Creekview Preserve as "Frog
Hollow Park".
All aye. Motion Carried.
City Council meeting of March 21, 2005
Page 7
APPROVAL OF DIAMOND POINT EAST FINAL PLAT AND DEVELOPMENT
AGREEMENT
E&G Development, LLC requested final plat approval for Diamond Point East, which includes the 125
single-family homes that were approved as part of the preliminary plat and PUD general plan on June
16, 2003. Final plats for Diamond Point West (1st -3rd Additions) have been approved previously. The
original development approvals stated that final plat approval would not be granted for Diamond Point
East until Goodview Avenue is reconstructed. The applicant is now requesting final plat approval to
allow them to begin grading and utility work while work continues on Goodview Avenue. Staff drafted
a resolution approving the final, but only recommended approval of the final plat and development
agreement for Diamond Point East with the condition that no building permits be issued until
reconstruction of Goodview Avenue is completed.
Haas made motion, Granger seconded, to adopt RESOLUTION 2005-12 APPROVING THE
DEVELOPMENT AGREEMENT AND FINAL PLAT FOR DIAMOND POINT EAST.
VOTING AYE: Granger, Haas, Puleo, Miron
Motion Carried.
APPROVAL OF RAILROAD AGREEMENT WITH MN COMMERCIAL FOR CR8 PROJECT
The existing railroad tracks at the Highway 61/proposed County Road 8 intersection need to be lowered
to accommodate the construction of CR 8. To provide for this work, the City needs to enter into a Force
Account Agreement with Minnesota Commercial Railway. Under the terms of the agreement,
Minnesota Commercial will complete the work at City cost. A draft agreement was prepared by City
staff and reviewed by John Gohmann with Minnesota Commercial. City Engineer Jay Kennedy
reviewed the agreement with Council and he will determine the status of materials that are to be
removed as part of the project.
Puleo made motion, Haas seconded, to approve the Railroad Agreement with Minnesota Commercial for
the CR8 Realignment Project.
All aye. Motion Carried.
SCHEDULE INTERVIEW DATE FOR PARKS COMMISSION VACANCIES
The deadline for submittal of names to serve on the Parks Commission was Friday, March 18, 2005,
with six applications being submitted for the vacancies.
Haas made motion, Puleo seconded, to schedule a Council meeting for April 11, 2005, Hugo City Hall,
at 7:00pm, to conduct interviews for the Parks Commission vacancies.
All aye. Motion Carried.
City Council meeting of March 21, 2005
Page 8
APRIL 17.2005 HBA HUGO KIDZ `N BIZ FEST AT HUGO AMERICAN LEGION
City Administrator Mike Ericson reported that the planning efforts with the committee have gone well and
Hugo families are encouraged to attend the Kidz 'n Biz Fest on April 17, 2005.
LITIGATION REPORT ON SEH ENGINEERS/RKI REGARDING PELOOUIN PARK PROJECT
(EXECUTIVE SESSION)
Attorney Jim Strommen from Kennedy & Graven reported on the mediation session held on March 9, 2005,
at which City Administrator Mike Ericson and City Attorney Dave Snyder represented the City.
Haas made motion, Puleo seconded, to recess the regular Council meeting and move into executive session
to discuss litigation with SEH Engineers and RKI, Inc., regarding the Peloquin Industrial Park project.
All aye. Motion Carried.
REGULAR SESSION
Haas made motion, Puleo seconded, to adjourn the executive session and reconvene the City Council
meeting.
All aye. Motion Carried.
Miron made motion, Granger seconded, that the City Council approves a settlement agreement with
defendant's Richard Knutson, Inc. and SEH, Inc., paying $ 100,000 to the City in connection with the lawsuit.
All aye. Motion Carried.
ADJOURNMENT
Granger made motion, Puleo seconded, to adjourn at 10:00 pm.
All aye. Motion Carried.
L
MaryYrk
reager
City