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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