HomeMy WebLinkAbout2005.06.06 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JUNE 6, 2005
Mayor Fran Miron called the meeting to order at 7:10 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; Fire Chief Jim Compton; and City Clerk Mary Ann Creager
APPROVE MINUTES FOR CITY COUNCIL MEETING OF MAY 16, 2005
Haas made motion, Petryk seconded, to approve the minutes for the May 16, 2005 meeting as presented.
All aye. Motion Carried.
APPROVE MINUTES FOR COUNCIL WORKSHOP OF MAY 20, 2005 TO DISCUSS
DOWNTOWN DESIGN GUIDELINES
Petryk made motion, Haas seconded, to approve the minutes for the May 20, 2005 workshop regarding
the downtown design guidelines as presented.
All aye. Motion Carried.
APPROVE MINUTES FOR EXECUTIVE SESSION OF MAY 20, 2005 TO REVIEW THE
PERFORMANCE OF CITY ADMINISTRATOR
Haas made motion, Petryk seconded, to approve the minutes for the May 20, 2005 executive session to
review the performance of the City Administrator as amended.
All aye. Motion Carried.
APPROVAL OF AGENDA
Add F.7 - Update on Good Neighbor Days Parade and Teen Center Open House (Katie Riopel)
Move agenda Item M.1 from executive session to L.2 —
Haas made motion, Granger seconded, to approve the agenda for June 6, 2005 as amended.
All aye. Motion Carried.
PRESENTATION OF CERTIFICATES OF RECOGNITION TO AICHON AND AMY YANG
FOR GIRL SCOUT GOLD AWARD
Aichon and Amay Yang are set to receive their Girl Scout Gold Award, Boy Scout equivalent of Eagle
Scout Award. The girls planned and implemented a major Girl Scout Gold Award project that benefits
their community on a local level by organizing and conducting a literacy event to help engage children in
learning and reading through the St. Paul Head Start Program. Children participated in an activity,
listened to stories, and received two or three books before the end of the event. The program involved
more than 50 hours of service and leadership over months. Mayor Fran Miron presented Certificates of
Recognition to Aichon and Amay Yang and publicly congratulated them for their achievement.
City Council meeting of June 6, 2005
Page 2
PRESENTATION OF CERTIFICATE OF RECOGNITION TO CORY MCCULLOUGH FOR
EAGLE SCOUT PROJECT TREE PLANTING ON BERNIN PARK PROPERTY
Local Boy Scout Cory McCullough completed his Eagle Scout project whereby he and his troop planted
more than 300 oak trees on the Bernin Christmas tree farm, which will be converted into a future City
park. This effort is consistent with the restoration concept plan prepared by landscape architect Laurie
McCrostie. Mayor Fran Miron presented a Certificate of Recognition to Cory McCullough
congratulating him on this fine community and public service project, which will benefit the City of
Hugo for years to come.
PRESENTATION OF CERTIFICATE OF RECOGNITION TO RYAN MCCULLOUGH FOR
EAGLE SCOUT PROJECT WOOD HOUSES ON ONEKA LAKE
Local Boy Scout Ryan McCullough completed his Eagle Scout project whereby he built and set up wood
duck houses on Oneka Lake. Mayor Fran Miron presented a Certificate of Recognition to Ryan
McCullough congratulating him on this fine community and public service project, which will benefit
the City of Hugo for years to come.
PRESENTATION OF CERTIFICATE OF RECOGNITION TO ERIC KORLIN FOR EAGLE
SCOUT PROJECT TREE PLANTING ON BEAVER PONDS PARK PROPERTY
Local Boy Scout Eric Korlin completed his Eagle Scout project whereby he planted trees at Beaver
Ponds Park. Although Eric was not present to accept his Certificate of Recognition, Mayor Fran Miron
publicly congratulated him on this fine community and public service project, which will benefit the City
of Hugo for years to come.
PRESENTATION OF FIREFIGHTER 1 CERTIFICATES TO DON SAMES AND ANDY
CHURCHILL
Probationary firefighters Don Sames and Andy Churchill completed their Firefighting 1 training, which
involved many evenings and -weekends and more than 120 hours of classroom work—Fire Chief Jim
Compton presented Don and Andy with Certificates of Appreciation in recognition of their dedication
and training. Mayor Fran Miron and Washington County Commissioner Dennis Hegberg assisted Chief
Compton with the presentation.
PRESENTATION OF FIRE APPARATUS OPERATOR TRAINING CERTIFICATES TO PAT
DUNN, KEVIN COLVARD, AND TODD JONES
Firefighters Pat Dunn, Kevin Colvard, and Todd Jones completed their fire apparatus operator training,
which involved many evenings and weekends and more than 40 hours of classroom work. Fire Chief
Jim Compton presented Pat, Kevin, and Todd with Certificates of Appreciation in recognition of their
dedication and training. Mayor Fran Miron and Washington County Commissioner Dennis Hegberg
assisted Chief Compton with the presentation.
City Council meeting of June 6, 2005
Page 3
GOOD NEIGHBOR DAYS AND TEEN CENTER OPEN HOUSE (KATIE RIOPEL)
Parade Lady Katie Riopel informed Council that the Good Neighbor Days parade would be held on
Saturday morning this year and invited Council attendance. The Teen Center renovation is completed
and an Open House has been scheduled for June 28, 2005 from 6pm to 9pm.
Miron made motion, Haas seconded, to schedule a special Council meeting for June 11, 2005, at 9:00am
to allow Council to participate in the Hugo Good Neighbor Days parade.
All aye. Motion Carried.
Miron made motion, Petryk seconded, to schedule a special Council meeting for June 28, 2005 from
6pm to 9pm, to allow attendance at the Teen Center Open House.
All aye. Motion Carried.
CONSENT AGENDA
Haas made motion, Granger seconded, to approve the following Consent Agenda:
Approval of Claims
Approve Variance Request for Oversized Garage at 4960 12& Street (George Schauer)
Approve Purchase of 2005 Truck for Building Department
Approve Citizen Appointments to Rice Creek Watershed District for TMDL Advisory Committee
Approve Probationary Period for Building Inspector Chuck Preisler
Approve Date for Grand Opening for PW Building on August 4, 2005 from 3pm to Bpm
Approve Variance Request for Accessory Building at 12015 Isleton Avenue North (Wrisky)
All aye. Motion Carried.
APPROVAL OF CLAIMS
Adoption of the Consent Agenda approved the claims roster for June 2, 2005 as presented.
APPROVE VARIANCE REQUEST FOR OVERSIZED GARAGE AT 4960120TH STREET
(GEORGE SCHAUER)
George Schauer made application to the City for approval of a variance to construct an oversized garage
on his property located at 4960120' Street. At its May 12, 2005, meeting, the Board of Zoning and
Appeals considered the variance request and recommended approval on a unanimous vote. Adoption of
the Consent Agenda approved the variance request for George Schauer to construct an oversized garage
at 4960 1200' Street.
APPROVE PURCHASE OF 2005 TRUCK FOR BUILDING DEPARTMENT
Due to a marked increase in inspections, staff has identified the immediate need for an additional pickup
City Council meeting of June 6, 2005
Page 4
truck, reflecting statistics from the 2004 building department report presented by CD Director Bryan
Bear. PW Director Chris Petree identified an available pickup truck, which can be purchased through
the State of Minnesota Cooperative Purchasing Venture. Polar Chevrolet has the state contract for
2005. Adoption of the Consent Agenda approved the purchase of a 2005 Chevrolet Silverado 1500
pickup truck at a cost not to exceed $21,019.32.
CITIZEN APPOINTMENTS TO RCWD DISTRICT TMDL TASK FORCE
Mayor Fran Miron was informed by Steve Hobbs, RCWD administrator, that the district seeks citizens
who wish to serve on an advisory committee for the purpose of reviewing the issue of TMDL, which is
total maximum daily load, and water quality in Hardwood Creek and Peltier Lake. Hugo residents Vince
Niemczyk and Dave Schumann, along with alternate Mayor Miron, are requesting appointment to this
advisory committee. Adoption of the Consent Agenda appointed Hugo residents Vince Niemczyk, Dave
Schumann, with Mayor Fran Miron as an alternate, to serve on the advisory committee, which will
review TMDL's for the Hardwood Creek and Peltier Lake area.
APPROVE PROBATIONARY PERIOD FOR BUILDING INSPECTOR CHUCK PREISLER
Chuck Preisler was hired as the City's new building inspector on November 29, 2004. Over the past six
months, Chuck has worked very hard to become a valued and trusted member of the building
department. Chuck has already gained the respect of the building contractors with his professionalism
and thoroughness. Chuck does an excellent job and is valuable member of the City Hall team. Adoption
of the Consent Agenda appointed Chuck Preisler as a regular employee having received a satisfactory
performance appraisal.
APPROVE DATE FOR GRAND OPENING FOR PW BUILDING ON AUGUST 4, 2005 FROM
3PM TO 8 PM
Included in the recent City Newsletter is an article on the Grand Opening for the new Hugo public works
facility. Staff needed to include a date and selected Thursday, August 4, 2005. City staff recommends
_ Council approve the Grand Opening celebration -for the facility for Thursday, August 4, 2005, from 3pm`
until 8pm, at which refreshments will be served. PW Director Chris Petree concurred that the timeline
will allow all remaining work to be completed. Adoption of the Consent Agenda approved the grant
opening of the new public works facility on August 4, 2005 from 3pm to 8 pm.
APPROVE VARIANCE REQUEST FOR OVERSIZED GARAGE AT 12015 ISLETON
AVENUE NORTH (TOM & DONNA WRISKY)
Tom and Donna Wrisky made application to the City for approval of two variances to construct an
accessory building on their property located at 12015 Isleton Avenue North. The applicants are
requesting a variance from the side yard setback and a variance to construct the building closer to the
road than the home. At its May 26, 2005 meeting, the Board of Zoning and Appeals considered the
variance request and recommended approval on a unanimous vote. Adoption of the Consent Agenda
approved the variances for Tom and Donna Wrisky to construct an accessory building at 12015 Isleton
Avenue North.
City Council meeting of June 6, 2005
Page 5
WASHINGTON COUNTY ROW ACQUISITION FOR CSAH 8/14 PROJECT
At its May 16, 2005 meeting, Council received a status update on the right-of-way acquisition for the
CSAH 8/14 project. Staff informed Council that the 30 -day offer period to property owners would
expire at the end of the month of May, at which time Council would be presented with the issue of
acquisition through standard negotiations or through the use of eminent domain. City Attorney Dave
Snyder provided Council with the latest negotiation results of purchase offers to property owners for
acquisition of right-of-way for CSAH 8/14 project and Oneka Parkway, as well as the process to follow
to acquire the property through eminent domain. No formal City Council action was taken.
REVIEW REQUEST FOR INSTALLATION OF TEMPORARY TRAFFIC SIGNAL AT CSAH
8 AND VICTOR HUGO BOULEVARD
On Thursday, May 26, 2005, City staff met with Washington County public works officials and Len
Pratt's development team to discuss the need for a temporary traffic signal at CSAH 8 and Victor Hugo
Blvd. The cost for this temporary light was not included in the CSAH 8/14 project costs. The need for a
light at this intersection was originally expressed by residents living in the Victor Gardens subdivision.
Safety access at this intersection is an issue critical to all parties. United Properties needs some
assurance from the City that a traffic signal will be installed by April 1, 2006. City staff has worked
with Washington County officials to prepare a cost effective and cost estimate whereby the City of St.
Paul public works crew will provide installation services at a significant cost savings over original
estimates on this installation. City Administrator Mike Ericson stated that United Properties will be
paying for one half of the cost of the light, and Washington County and the City of Hugo will split the
balance.
Miron made motion, Petryk seconded, to accept the offers from United Properties and Washington
County to share in the cost of installing a temporary traffic signal at CSAH 8 and Victor Hugo Blvd.
All aye. Motion Carried.
APPROVE APPOINTMENT -OF CENTENNIAL COMMISSION MEMBERS
At its May 16, 2005 meeting, Council listened to a presentation from City Administrator Mike Ericson
regarding appointments to the Centennial Commission. Citizen interest had been slow, but nevertheless
strong, for appointment to the Centennial Commission. City staff recommended Council approve the
attached list of residents, business owners, school officials, and interested individuals who desire to
serve on the City's Centennial Commission and charged with the responsibility of planning of
celebration activities, culminating with the centennial on August 15, 2006.
Petryk made motion, Puleo seconded, to accept the Centennial Commission roster as presented.
All aye. Motion Carried.
REVIEW FINDINGS OF FACT FOR CITIZEN APPEAL OF BESA SPECIAL USE PERMIT
At its May 16, 2005 meeting, City staff presented Council with the citizen appeal regarding the Special
City Council meeting of June 6, 2005
Page 6
Use Permit granted to the Bald Eagle Sportsman Association (BESA) for installation of lights in 2003.
Resident Kevin Rhodes represented the Dellwood Ridge neighborhood. He stressed the need for
Council to grant the appeal. City Attorney Dave Snyder presented Council with options for considering
the appeal, after which Council provided additional discussion and a final decision. Council directed
staff to prepare Findings of Fact, both supporting the appeal and Findings of Fact for denying the appeal.
Dave provided Council with a Findings of Fact resolution outlining three options for deliberation, as
well as explaining newly adopted state legislation regulating gun clubs and how it affects the City. It
was his recommendation that the installation of lights did not constitute an intensification of the
nonconforming use.
Haas made motion, Granger seconded, to adopt RESOLUTION 2005-32 CONCERNING THE
ADMINISTRATIVE APPEAL OF MR. KEVIN RHODES THAT THE INSTALLATION OF LIGHTS
AT THE BESA REQUIRED A PUBLIC HEARING.
VOTING AYE: Granger, Haas, Petryk, Miron
ABSTAINED: Puleo
Motion Carried.
Said Resolution 2005-32 declared that the addition of lighting to the trap/skeet range does not constitute
an unlawful expansion of a conforming use and is permitted to continue.
APPROVE SITE PLAN, PRELIMINARY PLAT, FINAL PLAT, AND DEVELOPMENT
AGREEMENT FOR GENERATION ACRES
Generation Land LLC requested approval of a site plan, preliminary plat, final plat, and development
agreement for 41 townhome lots and two common lots on property located north of Oneka Boulevard,
south of 150th Street and west of Goodview Avenue. The net density of the project would be 5.5 units
per acre, which is below the allowable six units per acre. The Planning Commission voted unanimously
to recommend approval of preliminary plat and site plan. City Planning Kendra Lindahl provided a brief
review of the proposal, and staff recommended that Council approve the site plan, preliminary plat, final
plat and development agreement. Council member Puleo requested the -site plan resolution be amended
to include irrigation in the landscape plan, and Council member Granger requested that street parking be
"bumped" or striped and that strong language be used to guarantee garages be used for vehicles to
eliminate outside storage of personal belongings.
Haas made motion, Granger seconded, to adopt RESOLUTION 2005-33 APPROVING THE SITE
PLAN FOR GENERATION ACRES.
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
Haas made motion, Granger seconded, to adopt RESOLUTION 2005-34 APPROVING THE
PRELIMINARY PLAT FOR GENERATION ACRES.
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
City Council meeting of June 6, 2005
Page 7
Haas made motion, Petryk seconded, to adopt RESOLUTION 2005-35 APPROVING A FINAL PLAT
AND DEVELOPMENT AGREEMENT FOR GENERATION ACRES.
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
SCHEDULE WORKSHOP WITH COUNCIL AND COMMISSIONS TO DISCUSS OPEN
MEETING LAW AND CONFLICTS OF INTEREST
At its May 16, 2005 meeting, Council directed staff to schedule a workshop at which the issue of Minnesota
statute regarding the open meeting law and conflicts of interest for Council and Commissioners would be
discussed. Staff has contacted officials from the League of Minnesota Cities (LMCIT) and City Attorney
Dave Snyder, who will facilitate the workshop. Staff will invite members from the Planning Commission,
Parks Commission, Historical Commission, and the EDA. The workshop would be scheduled for two hours
on an evening convenient for all. Because of busy summer schedules:
Miron made motion, Haas seconded, to table until the Council meeting of June 20, 2005.
All aye. Motion Carried.
REVIEW SKETCH PLAN FROM JIM KELLISON FOR MINOR SUBDIVISION
At its May 12, 2005 Planning Commission meeting, resident Jim Kellison made a presentation for the
development of sketch plan on his property. Mr. Kellison is proposing to divide his 4.9 acre parcel into
three lots requiring connections to municipal sewer and water. The Planning Commission reviewed the
request and provided some guidance to move a lot line so that all three lots comply with the subdivision
regulations. The applicant is seeking informal comments from the City Council with the application
including input related to the degree of City participation in the construction of sewer and water around
the north end of Bald Eagle Lake. CD Director Bryan Bear provided a brief history of a previous request
made by property owners to service the area with public utilities.
_._.Miron made motion, Haas seconded, directing staff.to-prepare a preliminary engineering review of
servicing the Kellison property with utilities and report findings to Council.
All aye. Motion Carried.
SCHEDULE NATIONAL INCIDENT MANAGEMENT SYSTEWFEMA TRAINING FOR
COUNCIL AND STAFF
In 2004, the City of Hugo received $117,000 from FEMA, which was used by the Hugo Fire Department
to purchase SCBA units. As part of the grant application process, the City is responsible for conducting
NIMS training for the Hugo City Council and City staff. This NIMS training is a requirement of the
FEMA grant process.
Miron made motion, Petryk seconded, to schedule a special City Council meeting for July 26, 2005, 7:00
pm at the Hugo Fire Hall, to conduct NIMS training.
All aye. Motion Carried.
City Council meeting of lune 6, 2005
Page 8
CITIZEN REQUEST FOR SPEED STUDY ON 132ND STREET
Andre Wilsey, who lives at 7793 132nd Street, requested the City complete a speed study. He cited an
accident between a vehicle and pedestrian as the rationale, as well as road design.
Haas made motion, Puleo seconded, directing staff to request that MnDOT conduct a speed study in the
vicinity of 7793 132nd Street.
All aye. Motion Carried.
MINNESOTA STATE LEGISLATIVE UPDATES
The Minnesota State Legislative session concluded at midnight on Monday, May 23, 2005. Governor
Tim Pawlenty scheduled a special session at 12:01 am and directed the State Legislature to get its work
done. City staff provided Council selective legislative updates on related City issues. No formal City
Council action was taken.
DISCUSSION OF LGU VIOLATION (CANINE)
Joe Canine owns a home at 16355 Elmcrest Avenue. In 2004, he constructed a drainage ditch without
the necessary permits. The ditch was constructed across his neighbor's private property, who no longer
will allow the granting of the easement. Senior Engineering Technician Scott Anderson properly
notified Mr. Canine of his violation, and to date, there has been no written or verbal response. City
Attorney Dave Snyder advised Council to petition the courts for a misdemeanor violation to remedy this
problem.
Miron made motion, Haas seconded, directing the City Attorney to proceed with a misdemeanor
violation for the LGU violation of Joe Canine.
All aye. Motion Carried.
DISCUSSION OF RINK -TEC PROPERTY
At its July 9, 2004 City Council meeting, Council extended the construction deadline outlined in the
purchase agreement for Rink -Tec, a company that has purchased Lot 3, Block I in the Bald Eagle
Industrial Park from the City. The City extended the deadline for one year until May 30, 2005. In
granting the extension, the City required Rink -Tec to pay $4,563 in lost tax increment, as well as to
place a deed in escrow so that the City could buy the property back in the event that construction had not
commenced by May 30, 2005. At this time, construction has not started on the property. Staff contacted
Mr. Kyle Gillespie of Rink -Tec, who has indicated a continuing interest to build on the property. Mr.
Gillespie is willing to pay another year's worth of tax increment, and has indicated that he may be able
to have a building under construction by this fall.
Haas made motion, Puleo seconded, that the City buy the property back from Mr. Gillespie at the
original purchase price of $49,908.
All aye. Motion Carried.
City Council meeting of June 6, 2005
Page 9
UPDATE ON REQUEST FOR PROPOSALS FOR BEIP 5" ADDITION, LOT 1 BLOCK 1
City staff provided Council with an update on receipt of two RFP's for BEIP 5h Addition, Lot 1, Block
1. The deadline for submittal of RFP's was Friday, May 27, 2005. Staff will review both RFP's and
present findings to the Economic Development Authority. No formal City Council action was taken.
JAY BROS V. RCWD, CITY OF HUGO, ET AL
On May 18, 2005, the City was involved in a mediation session with the Jay Bros v. RCWD regarding
the JD2 culvert replacement project. City Attorney Dave Snyder provided Council with a review of the
mediated settlement.
Haas made motion, Miron seconded, authorizing the City Attorney and City Administrator to finalize
details of mediated settlement, consistent with settlement reached by the City and the RCWD.
All aye. Motion Carried.
REVIEW OF DRAFT APPRAISAL DATA FOR FENWAY AVENUE
As part of the CSAH 8/14 realignment project, City staff researched the viability of the extension of
Fenway Avenue to CR 8. Washington County has provided appraisal information for Fenway Avenue
that the Council should review before determining whether to proceed with the project.
Granger made motion, Haas seconded, to table discussion of this matter until a later date.
All aye. Motion Carried.
ADJOURNMENT
Haas made motion, Granger seconded, to adjourn at 10:00 pm.
All aye. Motion Carried.
Mary Anne reager
City C