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HomeMy WebLinkAbout2005.09.07 CC Minutes - Open Meeting LawMINUTES FOR THE HUGO CITY COUNCIL MEETING OF SEPTEMBER 6, 2005 Mayor Fran Miron called the meeting to order at 7:05 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, City Engineer Jay Kennedy, City Attorney Dave Snyder, Water Resource Engineers Pete Willenbring and Phil Belfiori, City Planner Kendra Lindahl, Finance Director Ron Otkin, and City Clerk Mary Ann Creager CITY COUNCIL MEETING OF AUGUST 4, 2005 (PUBLIC WORKS OPEN HOUSE) Haas made motion, Petryk seconded, to approve the minutes for the August 4, 2005 meeting at the Public Works open house as presented. All aye. Motion Carried. CITY COUNCIL MEETING OF AUGUST 15, 2005 Granger made motion, Puleo seconded, to approve the minutes for the August 15, 2005 meeting as presented. All aye. Motion Carried. CITY COUNCIL EXECUTIVE SESSION OF AUGUST 15, 2005 Petryk made motion, Granger seconded, to approve the minutes from the executive session of August 15, 2005 as presented. All aye. Motion Carried. CITY COUNCIL MEETING OF AUGUST 16, 2005 (FESTIVAL FOODS GROUND BREAKING CEREMONY) Haas made motion, Petryk seconded, to approve the minutes for the August 16, 2005 meeting at the Festival Foods ground breaking ceremony as presented. All aye. Motion Carried. CITY COUNCIL MEETING OF AUGUST 19, 2005 (CONGRESSMAN KENNEDY CHECK PRESENTATION Haas made motion, Petryk seconded, to approve the minutes for the August 19, 2005 meeting held in the Oneka Room for Congressman Mark Kennedy's presentation of a federal funding check for I- 35E/CSAH 14 interchange as amended. All aye. Motion Carried. City Council meeting of September 6, 2005 Page 2 APPROVAL OF AGENDA Remove G.8 from Consent Agenda per applicant's request Add G.9 — Approval of Intergovernmental Agreement with Minnestoa FEMA Add L.3 — September 8, 2005 Grand Opening of Waters Edge Community Center Miron made motion, Haas seconded, to approve the agenda for September 6, 2005 as amended. All aye. Motion Carried. PRESENTATION FROM JULIE CORCORAN (FL SCHOOL BOARD CANDIDATE) Forest Lake residents Julie Corcoran and Jodie Krebbs were present to introduce themselves to the Hugo City Council as candidates for a position on the Forest Lake School Board. The primary will be held on September 13, 2005 and the general election on November 8, 2005. CONSENT AGENDA Haas made motion, Granger seconded, to approve the following Consent Agenda: Approval of Claims Approve Increase in Pension Benefit for HFD Relief Association Approve Final Pay Request #2 from North Valley, Inc. for 132"d Street Paving Project Approve Application for Tobacco License from Shana Yang d/b/a 61 Stop Approve Reduction in Letter of Credit for Diamond Point East Approve CUP for Construction of Building @ 16XXX Jeffrey Avenue Prior to Construction of Principal Structure (Wolkerstorfer) Approve Rezoning of Grangers Auto Body from CR -3 to C-1 Approve Intergovernmental Agreement with FEMA All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for September 6, 2005 as presented. APPROVE INCREASE IN PENSION BENEFIT FOR HUGO FIREMEN'S RELIEF ASSN. At its August 2005 meeting, the Hugo Firemen's Relief Association agreed to recommend approval of an increase in the pension benefit in the amount of $100. The Association's last increased pension benefit came in 2001. Finance Director Ron Otkin is a member of the Relief Association's executive board and he supported the recommended increase. Adoption of the Consent Agenda approved the increased pension benefit for the Hugo Firemen's Relief Association in the amount of $100, increasing it from $2,300 to $2,400 per year of service. City Council meeting of September 6, 2005 Page 3 APPROVE FINAL PAY REOUEST #2 FROM NORTH VALLEY INC FOR 132ND ST. North Valley, Inc. submitted its second and final pay request for work completed to date on the 132"d Street paving project. Senior Engineering Technician Scott Anderson reviewed the pay request and found it to be satisfactory and sufficient for the excellent job done on 132"d Street. Adoption of the Consent Agenda approved the final pay request in the amount of $84,104.68. APPROVE APPLICATION FOR TOBACCO LICENSE FROM SHANA YANG (61 STOP) Shana Yang, new owner of 61 Stop, made application to the City for a tobacco license in order to sell tobacco products at the 61 Stop convenience store. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the tobacco license for Shana Yang doing business at the 61 Stop. APPROVE REDUCTION IN LETTER OF CREDIT FOR DIAMOND POINT EAST Mike Quigley from Emmerich Development requested a reduction in the letter of credit for the Diamond Point East residential subdivision. Senior Engineering Technician Scott Anderson reviewed the request with the completion of public improvements in the subdivision. Adoption of the Consent Agenda approved the reduction in the letter of credit for Diamond Point East to $176,621.50. APPROVE CUP FOR CONSTRUCTION OF ACCESSORY BUILDING PRIOR TO PRINCIPAL STRUCTURE AT 16XXX JEFFREY AVENUE (WOLKERSTORFER) At its August 25, 2005 meeting, the Planning Commission considered the application for a Conditional Use Permit from Joseph and Marcia Wolkerstorfer for the construction of a building at 16xxx Jeffrey Avenue, which is necessary before he constructs a new home on the property. The PC unanimously recommended approval of the CUP for Mr. Wolkerstorfer. Adoption of the Consent Agenda adopted Resolution 200548 approving the CUP for Joseph and Marcia Wolkerstorfer to construct a building at 16xxx Jeffrey Avenue prior to the construction of a new home. APPROVE REZONING OF GRANGERS AUTO BODY FROM CR -3 TO C-1 At its August 25, 2005 meeting, the Planning Commission considered an application from Dan Granger of Grangers Auto Body for the rezoning from the current Central Residential 3 (CR -3) to Commercial 1 (C-1). A City-wide zoning change in the late 1990's rezoned the property from industrial to residential and it is unclear whether it was intentional or not. The PC unanimously recommended approval of the rezoning of Granger's Auto Body from CR -3 to C-1. Adoption of the Consent Agenda adopted Resolution 2005-49 approving the rezoning from CR -3 to C-1. APPROVE DENIAL OF THE CUP FOR TWINHOME AT 5757147TH STREET (JOHN GRANGER) This matter was withdrawn at the request of the applicants. City Council meeting of September 6, 2005 Page 4 ASSESSMENT ROLL FOR 132ND STREET PAVING PROJECT In the fall of 2003, a petition was received by the City for the bituminous surfacing of 132nd Street, between Goodview Avenue and Henna Avenue. A public improvement hearing was held on June 21, 2004, after which Council ordered the preparation of plans and specifications. On September 7, 2004, Council awarded the bid for the 132"d Street improvement project to North Valley Inc. The May 17, 2004 feasibility study included a project estimate of $345,000, of which $320,000 would be assessed across 39 developable units. Due to an excellent bidding climate and project management, staff announced that the total project cost is $208,799.38, of which $183,799.38 will be assessed. Finance Director Ron Otkin prepared resolutions ordering the preparation of the proposed assessment roll and calling for a public hearing. City staff recommended that the public hearing be held on October 3, 2005. City Engineer Jay Kennedy presented additional information for consideration by Council, as well as suggesting that Council give further consideration to the City's assessment policy for corner lots. Miron made motion, Haas seconded, directing staff to place discussion of the assessment policy on a future Council agenda. All aye. Motion Carried. Granger made motion, Puleo seconded, to adopt RESOLUTION 2005-50 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Puleo made motion, Granger seconded, to adopt RESOLUTION 2005-51 CALLING FOR PUBLIC HEARING ON 132ND STREET ASSESSMENT. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. PROPOSED PURCHASE AGREEMENTS FOR ANTIQUE STORE/CARPENTERS On August 23, 2005, Mayor Fran Miron, Council member Mike Granger, and City staff met again with Mike and Catherine Anderson, owners of Carpenters and the old antique store. After several meetings, discussions evolved towards a proposed purchase of the restaurant, as well as the old antique store, which had been directed by Council. Staff announced that negotiations have been successful and that Andersons have agreed to sell to the City, both Carpenters and the antique store, in the amount of $687,000. This includes a price of $347,000 for the antique store and $340,000 for the Carpenters restaurant, which is consistent with evaluations of City Assessor Frank Langer. There would be a two- year lease back to the Andersons at no cost, and they would continue to operate the restaurant on a month-to-month basis, in order to allow the flexibility of the City to continue negotiations with the developers on the Egg Lake development project. Council member Granger requested staff bring the lease back agreement to Council for approval. Granger made motion, Haas seconded, to accept the draft Purchase Agreement between the City of Hugo City Council meeting of September 6, 2005 Page 5 and Mike and Catherine Anderson for the sale of their restaurant and old antique store, in the amount of $687,000. All aye. Motion Carried. DISCUSSION ON REQUEST FOR ELECTRICAL INSPECTION SERVICES In June 2005, staff presented to Council a proposal for consideration whereby the City would contract out directly with an electrical inspection contractor. The current electrical inspection services are provided by the State of Minnesota through an electrical inspection contractor. Council directed City staff to review this issue and include a consideration for a Request for Proposals, whereby the City would receive other proposals instead of the single proposal received from a subcontractor, who provides electrical inspection services in the greater Hugo area. Granger made motion, Haas seconded, directing staff to proceed with the development and publishing of a Request for Proposal for electrical inspection services as an alternative to the current contract services provided through the State of Minnesota. All aye. Motion Carried. APPROVE 2006 PRELIMINARY TAX LEVY As Council is aware, a preliminary property tax levy must be certified to Washington County no later than September 15, 2005. At its budget workshop held on Wednesday, August 31, 2005, Council agreed to set the tax levy payable in 2006 at a maximum of $3,771,811. Council has the authority to reduce, but not increase, the final levy after receiving public input in December. Staff announced that the preliminary tax levy will not increase the urban tax rate. This flat tax rate is the result of Council's desire to use the increase in taxable market value to balance the City's operating budget. This tax rate also preserves the 7% tax rate reduction enacted by Council in 2004. Miron made motion, Petryk seconded, to adopt RESOLUTION 2005-52 APPROVING THE PRELIMINARY TAX LEVY PAYABLE IN 2006 AT $3,771.811. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE PROPOSAL FROM LANDFORM FOR MULTI -FAMILY DESIGN GUIDELINES At its June 20, 2005 meeting, Council discussed a proposal for the development of multi -family design guidelines. After discussion between staff and the Planning Commission regarding the strong interest to have standard quality design guidelines, Council directed staff to prepare a Scope of Services proposal from the City's consultant, Landform, for this service. City Planner Kendra Lindahl prepared a Professional Services Proposal for the development of the multi -family design guidelines and presented an overview of the proposal, which includes a number of public meetings, as well as the development guidelines. The proposal includes a total cost of $11,110 and Council requested staff continue efforts to find grant money to help fund the project. City Council meeting of September 6, 2005 Page 6 Granger made motion, Puleo seconded, to approve the Scope of Services proposal from Landform for multi -family design guidelines, in the amount of $11,110, and pursue grant funding for the project. All aye. Motion Carried. APPROVE PROPOSAL FROM MAXFIELD RESEARCH FOR MARKET RESEARCH FOR DOWNTOWN As part of the grant received by the City from the Metropolitan Council for the redevelopment plan for downtown Hugo, the development of a market study was included. This study is the third and final phase of the grant application made by the City and is necessary to determine the viability for the marking of the goods and services planned for the downtown area. City staff met recently with representatives from Maxfield Research, who is well recognized as the preeminent leader and authority in the Twin Cities' area for development of market studies. The proposal would allow Maxfield Research to conduct a market research study to analyze and quantify the retail, office, and housing market potential for downtown Hugo. The analysis would be completed for an amount of $23,500, which is below the grant application estimate of $30,000. Miron made motion, Petryk seconded, to approve the study proposal from Maxfield Research, Inc. for development of a downtown market research study for the City, in an amount not to exceed $23,500. All aye. Motion Carried. REQUEST TO DEPOSIT AQUATIC VEGETATION ON CITY PROPERTY ON SUNSET LAKE Staff has been informed by residents of Sunset Lake, through its homeowners' association, that they would like to deposit aquatic vegetation on City property located at Homestead Dr. N. & 125' St. N. and the former lake access located at the north end of Homestead Dr. N. instead of trucking it to the City's compost site. As Council is aware, the public access on Sunset Lake was closed more than three years ago, thereby cutting off any public access or public use. PW Director Chris Petree was not comfortable with the request and recommended that vegetation continue to be trucked to the City's compost site on 170' Street. Council member Granger felt that this was going to be an ongoing issue and suggested residents provide a vegetation management plan to address future concerns. Miron made motion, Granger seconded, to table this request to allow the homeowners association an opportunity to provide a vegetation management plan for Council consideration, which includes addressing phosphorous runoff into Sunset Lake. All aye. Motion Carried. RCWD SPECIAL MEETING OF AUGUST 31.2005 REGARDING PROPOSED INSTALL OF WEIR ON RICE LAKE City staff was informed by the Rice Creek Watershed District that a special meeting had been scheduled for August 31, 2005 to discuss the installation of a control structure in JD2 to raise the water level in City Council meeting of September 6, 2005 Page 7 Rice Lake. City Attorney Dave Snyder attended the meeting and provided Council with a synopsis of the discussion. Water Resource Engineer Pete Willenbring provided Council with a memo outlining a process that could be followed to address Rice Lake outlet project permit issues and a memo outlining City permit requirements relating to the proposed work. A lengthy discussion followed, with RCWD Board member Jim Leroux, Sate Representative Ray Vandeveer, State Senator Michele Bachmann, Andy Goiffon, and John Waller adding to the discussion. Council member Chuck Haas suggested that permitting process be conducted in two phases to allow a permit to first be issued. Miron made motion, Granger seconded, to approve the City permit requirements relating to the proposed work on the Rice Lake Outlet, as defined in Pete Willenbring's memo of September 6, 2005 and forward to the Rice Creek Watershed District. Haas amended the motion that the permitting process be conducted in two phases. Motion failed for lack of second. VOTING AYE: Granger, Petryk, Puleo, Miron VOTING AGAINST: Haas Motion Carried. Granger made motion, Puleo seconded, to accept the process to be followed for the Rice Lake Outlet Project, as outlined in Pete Willenbring's memo of September 2, 2005 and forward to the Rice Creek Watershed District. All aye. Motion Carried. PROPOSAL TO PERFORM WATER QUALITY/QUANTITY MONITORING ON JD2 WSB Engineers prepared a proposal to perform water quality monitoring for JD2 with the minor maintenance project completed earlier this year by the RCWD. Since the City of Hugo took over LGU responsibilities from the RCWD earlier this year, this responsibility is now the City's. Water Resource Engineer Pete Willenbring was present with additional information for Council to consider. Mayor Fran Miron questioned whether the proposal included judicial branches and it did not. Council member Granger expressed the concern that work would be a duplication of work done by the RCWD. Miron made motion, Puleo seconded, to approve the Scope of Work from WSB to perform water quality and water quantity monitoring on JD2 with the understanding of Council concern of the cost and also direct City staff to work with the RCWD in an effort to secure cooperative funding. Miron made motion, Granger seconded, to amend the previous motion to place a cost limit on the project not to exceed $15,000 and review in April 2006. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. City Council meeting of September 6, 2005 Page 8 SEPTEMBER 29, 2005 WASHINGTON COUNTY LEAGUE OF LOCAL GOVT MEETING City staff received notification from the Washington County Board that it will be holding its annual League of Local Government meeting on Thursday, September 29, 2005 at the Prom Center in Oakdale. City staff seeks interest from Council as to its desire to attend this annual meeting, which includes all elected and appointed officials from cities, townships, and school districts in the entire Washington County area. Granger made motion, Petryk seconded, to schedule a special Council meeting for September 29, 2005, 5:30 pm at the Prom Center, to allow Council attendance at the Washington County League of Local Government Meeting. All aye. Motion Carried. DECEMBER 1-3,2005 LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE City staff received registration materials from the League of Minnesota Cities for the annual LMC conference to be held on December 1-3, 2005 in Rochester. League officials and the conference planning committee have opted for a date change for this event, which has traditionally been held in June each year. Council took no action on this issue. WATERS EDGE COMMUNITY CENTER GRAND OPENING Pulte Homes has scheduled the grand opening of its Waters Edge Community Center for September 8, 2005, from 5 to 7 pm. Miron made motion, Haas seconded, to post notice of a special Council meeting for Thursday, September 8, 2005, from 5 to 7 pm, to allow attendance at the grand opening of the Waters Edge Community Center. All aye. Motion Carried. DISCUSSION ON RESPONSE FROM MARVIN LAVALLE FOR ROW FOR ONEKA PARKWAY At its August 15, 2005 meeting, Council directed City Attorney Dave Snyder to contact the attorney for Marvin LaValle with an offer from the City for Mr. LaValle's counter offer to the City for purchase of the right-of-way easement for Oneka Parkway. Mr. LaValle countered the City's offer, after which Council requested mediated arbitration for its acquisition. Mr. LaValle's attorney has informed the City Attorney by letter that Mr. LaValle is not desirous of the City's offer for mediated arbitration. City Attorney Dave Snyder noted that the courts have approved the quick take over of the LaValle property and the City will take possession by October 1, 2005. No formal Council action was taken. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 10:00 pm. All aye. Motion Carried. MINUTES FOR THE SPECIAL COUNCIL MEETING OF SEPTEMBER 7, 2005 The meeting was called to order by Acting Mayor Becky Petryk at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Mayor Fran Miron and CD Director Bryan Bear arrived at 7:40 pm. City Administrator Mike Ericson, City Attorney Dave Snyder, and Kevin Frazell from LMC Planning Commissioners Present: Kelly Bailly, Bronwen Kleissler, and Tom Weidt ABSENT: Dave Schumann, Ron McRoberts, Victoria Hoftbeck, and Bob Rosenquist EDA Present: Miron, Granger, Jan Arcand, Phil Klein, and Jim Bever ABSENT: Theresa Charpentier and Nick Skarich Historical Commission Present: Kitty Cheesebrow and Vi Maslowski ABSENT: Pam Videen, Cynthia Schoonover, and Grace Waugh MINNESOTA OPEN MEETING LAW AND CONFLICTS OF INTEREST (WORKSHOP OVERVIEW) At its June 20, 2005 meeting, Council agreed to schedule a workshop with all City Commissions to discuss Minnesota open meeting laws and conflicts of interest. All Commission members were invited to attend. City Administrator Mike Ericson introduced the special guest speakers City Attorney Dave Snyder and LMC Director of Membership Kevin Frazell. POWERPOINT PRESENTATION Kevin Frazell facilitated a PowerPoint presentation of the Minnesota open meeting law, which affects not only City Council members, but Commission members as well. He then explained conflict of interest issues during which there were lots of questions with answers provided by Kevin and Dave Snyder. Kevin also showed a video produced by the League of Minnesota Cities' staff, which was an interactive "do & don't session" of being a Council member. The evening's workshop concluded with closing comments from Dave to always remember that public officials are held to a higher standard. ADJOURNMENT Petryk made motion, Granger seconded, to adjourn at 8:40 pm. All ayes. Motion Carried. Respectfully submitted, Michael A. Ericson City Administrator