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HomeMy WebLinkAbout2005.07.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 5, 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 Planner Kendra Lindahl; Fire Chief Jim Compton; PW Director Chris Petree; and City Clerk Mary Ann Creager MINUTES FOR THE CITY COUNCIL MEETING OF JUNE 16, 2005 Petryk made motion, Haas seconded, to approve the minutes for the June 16, 2005 meeting with the East Metro Development Forum at the Machine Shed as presented. All aye. Motion Carried. MINUTES FOR THE CITY COUNCIL MEETING OF JUNE 20, 2005 Haas made motion, Granger seconded, to approve the minutes for the June 20, 2005 meeting as presented. All aye. Motion Carried. MINUTES FOR THE EXECUTIVE SESSION OF JUNE 20, 2005 Haas made motion, Granger seconded, to approve the minutes for the executive session held on June 20, 2005 as presented. All aye. Motion Carried. MINUTES FOR THE COUNCIL/PLANNING COMMISSION MEETING OF JUNE 23, 2005 Petryk made motion, Haas seconded, to approve the minutes for the June 23, 2005 joint meeting with the Planning Commission regarding the home occupation ordinance as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add G.12 — Approve Resolution of Support for Anoka County's Federal Funding App for CSAH 14/ I -35E Interchange Add L.1 — Update on Council Members Meeting with Glamos Family Re Assessments Miron made motion, Haas seconded, to approve the agenda for July 5, 2005 as amended. All aye. Motion Carried. PRESENTATION OF DONATION TO THE HID (BAYPORT AMERICAN LEGION) Aaron Pritchard from the Bayport American Legion was in attendance to present a $2,000 donation to City Council meeting of July 5, 2005 Page 2 the Hugo Fire Chief Jim Compton. As Council is aware, the Legion conducts its pull tabs operation at Sal's Angus Grill and considers its charitable responsibility a priority. Mayor Fran Miron and Chief Compton formally accepted and thanked the Bayport American Legion for its generous donation to the HFD. Granger made motion, Haas seconded, to accept the $2,000 donation on behalf of the City of Hugo. All aye. Motion Carried. WASHINGTON COUNTY VOLUNTEER INVESTMENT PROGRAM (COMMUNITY VOLUNTEER SERVICE) Mary Rivard and Valerie Jones from the Washington County Volunteer Investment Program were in attendance and presented Council with an overview of the program, which is designed to provide a working opportunity for transitioning from public assistance from the county. City staff has met with representatives, who coordinate the program in an effort to identify work site job opportunities, and would be provided to the City at no cost. Council will review the handouts, which Valerie provided at the meeting to better understand the program and determine how the service can be used in the City. CONSENT AGENDA Haas made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve Appointments to Centennial Commission Approve Variance for Deck at 6469 15151 Street North (Klamerus) Approve CUP for 125% Accessory Building at 12170 Ingersoll Avenue North (Sirian) Approve Encroachment Agreement for Deck at 15730 Fenway Ave. N. (Johnson) Approve Final Plat and Development Agreement for Victor Gardens North Village 2"d Addition Approve On -Sale Liquor License for St. John the Baptist Church for Fall Festival Approve Charitable Gambling License for Bayport American Legion (Sal's Angus Grill) Approve Award of Bid for Irrigation System at Public Works Facility/Fire Hall Approve Request for Alcohol at Lions Park (Paulson) Approve Authorization to Advertise for Temporary Building Inspector All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for July 5, 2005 as presented. APPROVE APPOINTMENTS TO CENTENNIAL COMMISSION At its June 6, 2005 meeting, Council appointed sixteen individuals to the newly -created Centennial Commission. The Commission's responsibility is to organize, plan for, and host a centennial celebration recognizing the City's corporation 100 years ago on August 15, 1906. There have been some individuals City Council meeting of July 5, 2005 Page 3 desirous of volunteer service to the Commission who were not on the original list. Adoption of the Consent Agenda approved appointments of Faamati Winey, Debbie Nelson, Kathy Brevig, and Jim Leroux as volunteers to the Hugo Centennial Commission. APPROVE VARIANCE FOR DECK AT 6469151 STREET (KLAMERUS) Douglas & Melissa Klamerus, 6469 15151 Street North, applied for a variance for a side yard setback for construction of a 20' X 12'deck. The structure would be located four feet from the side property line where a ten foot setback is required by ordinance. The Board of Zoning Appeals and Adjustments considered this application at their meeting on June 23, 2005 and unanimously recommended approval of the request. Adoption of the Consent Agenda approved the side yard setback variance for 6469 1515` Street North. APPROVE CUP FOR 125% ACCESSORY BUILDING AT 12170 INGERSOLL (SIRIAN) James and Mary Sirian, 12170 Ingersoll Avenue North, applied for a conditional use permit for an accessory building up to 125% of the permitted size on their property as allowed by Section 1195-030 of the Comprehensive Land Use Regulations. The applicant would like to construct a 1,196 square foot accessory building in addition to an existing 1,680 square foot accessory building, for a total of 2,876 square feet of accessory storage building space. The Planning Commission held a public hearing on June 23, 2005, and unanimously recommended approval of the request. Adoption of the Consent Agenda adopted Resolution 2005-36 approving the Conditional Use Permit for 12170 Ingersoll Avenue North for 125% of accessory storage. APPROVE ENCROACHMENT AGREEMENT FOR DECK AT 15730 FENWAY AVENUE (JOHNSON) Steve & Jennifer Johnson, 15730 Fenway Avenue North, applied for an encroachment agreement to locate a deck within a drainage and utility easement on Lot 18, Block 4, Creekview Preserve 3rd Addition. Adoption of the Consent Agenda approved the encroachment agreement for 15730 Fenway Boulevard North for signature by the Mayor. APPROVE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR VICTOR GARDENS NORTH VILLAGE 2 ADDITION The Rottlund Company, Inc requested approval of a final plat and development agreement for Victor Gardens North Village 2"d Addition for 82 condominium townhome units. The City Council previously approved a final plat for the first phase of the commercial portion of this development, which includes a Festival Foods grocery store. Staff found that the proposed final plat is consistent with the approved preliminary plat and adoption of the Consent Agent adopted Resolution 2005-37 approving the final plat and development agreement for Victor Gardens North Village 2nd Addition. APPROVE ON -SALE LIQUOR LICENSE FOR ST. JOHN THE BAPTIST CHURCH FOR FALL FESTIVAL St. John's Church made application to the City for an on -sale liquor license for the sale of beer at its fall City Council meeting of July 5, 2005 Page 4 festival. City staff reviewed the application and found it to be satisfactorily complete, along with the necessary liquor liability insurance. Adoption of the Consent Agenda approved the on -sale liquor license for St. John the Baptist Church for its fall festival. APPROVE CHARITABLE GAMBLING LICENSE FOR BAYPORT AMERICAN LEGION (SAL'S ANGUS GRILL) The Bayport American Legion made application to the City for renewal of its charitable gambling license in order to conduct its pull tab operation at Sal's Angus Grill. City staff reviewed the application and found it to be satisfactorily complete, along with a review from the State Gambling Board. Adoption of the Consent Agenda approved the charitable gambling license for the Bayport American Legion to a conduct pull tab operation at Sal's Angus Grill. APPROVE AWARD OF BID FOR IRRIGATION SYSTEMS AT PUBLIC WORKS FACILITY AND FIRE HALL City staff received three quotes for the installation of irrigation systems at the Public Works Facility and Fire Hall. The low quote was submitted by Water Wizard for both sites. The low quote for the Public Works Facility was $6,925 and $10,506 for the Fire Hall. Adoption of the Consent Agenda awarded the projects to the low bidder, Water Wizard. APPROVE REQUEST FOR ALCOHOL AT LIONS PARK (PAULSON) Melinda Paulson made a formal request to the City to allow the consumption of alcohol at a family gathering in August 2005. Hugo Ordinance 391.12 states that consumption of alcohol in a City park is not allowed unless approved by Council. Adoption of the Consent Agenda approved the request from Melinda Paulson to allow the consumption of alcohol at Lions Park on August 12, 2005. APPROVE AUTHORIZATION TO ADVERTISE FOR TEMPORARY BUILDING INSPECTOR Earlier this year, CD Director Bryan Bear informed Council of the need to explore any and all opportunities to provide for building inspection services during the summer months. Council approved the hire of building inspector intern Scott Baller, who is working with residential construction. Groundbreaking will take place soon for the new Festival Foods grocery store, and Oneka Elementary School already underway, City staff has identified the need to hire a temporary building inspector focusing on commercial construction. City staff has already identified an individual who may fit the City's need on a temporary basis. Adoption of the Consent Agenda approved authorization for City staff to advertise and solicit for a temporary building inspector for commercial inspection services. APPROVE RESOLUTION IN SUPPORT OF ANOKA COUNTY APPLICATION FOR FEDERAL FUNDING FOR THE CSAH 14/I -35E INTERCHANGE The City received a request from Anoka County for a letter of support for their efforts to secure federal funding for reconstruction of the CSAH 14/I -35E interchange. Adoption of the Consent Agenda adopted Resolution 2005-38 approving the City of Hugo's support for the project. City Council meeting of July 5, 2005 Page 5 APPROVE VACATION OF PONDING AND FLOWAGE EASEMENT AT 15879 HARROW AVENUE (HARRIS) — PUBLIC HEARING Jack and Lois Harris, 15879 Harrow Avenue North, applied for vacation of a ponding and flowage easements over their property located at the northeast corner of Harrow Avenue and 157th Street. The RCWD has consented to the proposed vacation, indicating that the existing 100 -foot wide ditch right-of- way is sufficient to allow for regular ditch maintenance, and the easement is no longer necessary. Mayor Miron called the public hearing to order with no oral or written comments regarding the matter. The hearing was then closed for Council discussion. Puleo made motion, Granger seconded, to approve the Notice of Vacation and authorize the Mayor to sign the vacation of the ponding and flowage easement over property located at 15879 Harrow Avenue North. All aye. Motion Carried. DISCUSSION ON STORM WATER UTILITY FEE Included in the City Council's 2005 City goals, Council identified the need to develop a funding mechanism for the storm water maintenance activities. Specifically, Council directed staff to develop an equitable storm water utility fee. The City Council has been considering options for funding the maintenance of the City's storm water drainage systems, including bridges, culverts, non judicial ditches, storm sewer, and storm water ponds. As an outcome of the latest discussion regarding this issue, the City Council requested additional information regarding several topics. Water Resource Engineer Phil Belfiori provided a Power Point presentation outlining the proposal and various methods for funding the fee. After considerable discussion and determination that a per -parcel fee would be cumbersome: Haas made motion, Puleo seconded, directing staff to fund the storm water utility fee through the general fund budget. All aye. Motion Carried. DISCUSSION ON LOCAL ASSESSOR LEGISLATION Included the House Tax Bill is the City of Hugo's special legislation requesting a super majority for the removal of a local assessor. Representative Ray Vandeveer requested of Council a need to consider compromise legislation proposed by Washington County. As Council was not interested in another tax for assessing services: Puleo made motion, Granger seconded, directing staff to communicate with Washington County the City's lack of support to tax residents for assessing services even though the City will retain the services of local assessor Frank Langer. The City of Hugo will not support the county's new proposed legislation. All aye. Motion Carried. City Council meeting of July 5, 2005 Page 6 DISCUSSION ON CITY POLICY ON HOME OCCUPATION ORDINANCE At its June 23, 2005 joint meeting with the Planning Commission, Council considered the current home occupation ordinance. After significant discussion, Council agreed to recommend at its next regularly scheduled meeting, the development of a City policy in order to provide direction to the PC regarding a review and revision of the current home occupation ordinance. City staff provided Council with a draft policy statement relating to the home occupation ordinance. Council discussion centered on the use of should or may in guideline #3 referencing use of Interim Use Permits. The balance of the proposed policy statement met with Council approval. Granger made motion, Puleo seconded, to amend the home occupation ordinance policy statement Guideline #3 from should to may. VOTING AYE: Granger, Petryk, Puleo VOTING NAY: Haas and Miron Motion Carried. REQUEST TO MNDOT FOR RESTRIPING AND LIGHTING ON TH61 AT 130TH STREET In October 2004, Council held a neighborhood meeting at the Hugo Fire Hall with residents living near the intersection at TH61 and Be Street. Council informed residents that they had made application to MnDOT for cooperative funding for a traffic signal. Residents also requested assistance from the City in requesting that MnDOT take a look at the striping of the bypass lane and improving lighting. City Engineer Jay Kennedy submitted this request to MnDOT to review the bypass lane for consideration as a right turn lane, as well as improving lighting. MnDOT officials reviewed the current bypass lane in accordance with state guidelines and concurred that it should be striped as a right turn only line, with proper signing. Additionally, the threshold for needing additional lighting was not met according to vehicular crashes at the intersection; therefore, MnDOT will not install additional lighting. The City may install lighting itself, after acquiring the necessary permit from MnDOT. Hugo resident Deb Barnes suggested that a right -turn lane would create a different safety hazard without a northbound left -turn lane. Council also discussed the benefit of changing illumination of Be Street to TH61, and expenditures of funds when there are more critical intersections in need of lighting. Miron made motion, Granger seconded, to table this matter to allow staff to get more information. All aye. Motion Carried. DISCUSSION ON LEVEL OF RICE LAKE The City of Hugo received notification from the RCWD that they are reviewing the current level of Rice Lake with officials from the DNR; specifically, the lake level has been reduced within the past few months, and collectively, the RCWD and DNR have explored methods to remedy the situation. City staff has been in communication with the RCWD administrator, Steve Hobbs, with an offer to involve the City in meetings to resolve this issue for the benefit of all affected parties. Mayor Miron will attend a meeting with RCWD and DNR officials on Friday, July 8, 2005 at 2:00 pm, to inspect the elevation of the lake. City Council meeting of July 5, 2005 Page 7 Puleo made motion, Granger seconded, directing City staff to be present at the July 8h meeting, as well as City Council members Mike Granger and/or Frank Puleo. All aye. Motion Carried. DISCUSSION ON SECRETARY POSITION FOR BUILDING DEPARTMENT For the past several months, Building Official John Benson, CD Director Bryan Bear, and City Administrator Mike Ericson have closely monitored the volume of customer service work with building department receptionist Eileen Ottney and utility billing clerk Jodie Guareschi. As Council is aware, there has been a marked increase in processing permit applications. In fact, the City will break its own monthly record with more than 100 building permits issued in June 2005. This increase has a direct impact on the utility billing department in regard to the set up of new utility billing accounts. Staff has determined that another building department secretary is necessary to maintain satisfactory customer service levels due to the demands of the utility billing department. City staff sought authorization from Council to advertise for the new secretary in the building department, with preparations to provide for the reassignment of the utility billing clerk to another location in City Hall. Council discussed funding for the new position and suggested that staff use a temporary agency until the 2006 budget process begins. Haas made motion, Petryk seconded, directing staff to hire a temp employee as needed to fill the need in the building department until such time as Council can review the need for a permanent position. All aye. Motion Carried. DISCUSSION ON SUBCONTRACTOR FOR ELECTRICAL INSPECTION SERVICES Building Official John Benson, CD Director Bryan Bear, and City Administrator Mike Ericson met recently with the City's electrical inspector Dave Kichler. As Council is aware, electrical inspections are provided through the State of Minnesota's Department of Labor, through a subcontract arrangement with Mr. Kichler. Staff explored a means of providing electrical inspection services for the large volume of builders in the community, and has now identified an opportunity for the City to contract directly with Mr. Kichler. This streamlined service would allow the City to provide for "one stop shopping" for electrical inspections services, as well as the myriad of additional building inspection services. Additionally, it would be an opportunity to raise additional revenue, since the City would be contracting directly with Mr. Kichler and not through the state. City staff sought direction from Council as to its interest in adoption of an ordinance that would allow the City to provide for electrical inspection services through the City and its electrical inspector subcontractor Dave Kichler. Council member Granger suggested that because this would be a policy change that these services should go out for bid. Miron made motion, Granger seconded, to table this matter to allow staff to further review this matter and report back to Council. All aye. Motion Carried. City Council meeting of July 5, 2005 Page 8 CENTENNIAL COMMISSION JUNE 22, 2005 MEETING REPORT The Centennial Commission held its first ever meeting Wednesday, June 22, 2005. Twelve members were in attendance and they provided a list of more than 64 ideas, which were generated in a brain- storming session for methods in which to celebrate the City's centennial on August 15, 2006. City Administrator Mike Ericson presented Council with an update on the ideas generated, as well as the schedule for coming meetings. No formal Council action was taken. UPDATE ON COUNCIL MEMBERS MEETING WITH GLAMOS FAMILY REGARDING THEIR ASSESSMENT APPEAL Council members Mike Granger and Chuck Haas updated Council on their meeting with Paul Glamos, and his sister Annette, on Friday, July 151, to discuss the Glamos family's appeal of their assessment in the Peloquin Industrial Park. EXECUTIVE SESSION City Attorney Dave Snyder stated that the Minnesota Data Practices Act allowed the Council to meet in executive session to discuss matters of litigation: Oneka Development vs. City of Hugo and acquisition of property for Oneka Parkway. Miron made motion, Haas seconded, to recess the regular meeting to go into executive session to discuss current litigated matters. All aye. Motion Carried. REGULAR SESSION City Attorney Dave Snyder provided a brief summary of Council discussion regarding the Oneka Development vs. City of Hugo litigation and discussions with J.R. Johnson regarding acquisition of property for Oneka Parkway. Council agreed that the Oneka Development vs. City of Hugo litigation should be resolved by the court system. City staff shall prepare a settlement proposal with J.R. Johnson for acquisition of property for Oneka Parkway for submittal to Council at its next regular meeting for action by Council. ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 10:00 pm. All e. Motion Carried. ary Ann-Creager City Clerk c