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HomeMy WebLinkAbout2005.09.19 CC MinutesMINUTES FOR HUGO CITY COUNCIL MEETING OF SEPTEMBER 19, 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, Finance Director Ron Otkin, PW Director Chris Petree, City Attorney, Dave Snyder, City Engineer Jay Kennedy, Water Resource Engineer Pete Willenbring, City Planner Kendra Lindahl, and City Clerk Mary Ann Creager CITY COUNCIL BUDGET WORKSHOP MEETING OF AUGUST 31, 2005 Granger made motion, Puleo seconded, to approve the minutes for the August 31, 2005 budget workshop as presented. All aye. Motion Carried. CITY COUNCIL MEETING OF SEPTEMBER 6, 2005 Petryk made motion, Granger seconded, to approve the minutes for the September 6, 2005 meeting as presented. All aye. Motion Carried. COUNCIL MEETING OF SEPTEMBER 8, 2005 AT PULTE'S COMMUNITY CENTER GRAND OPENING Granger made motion, Petryk seconded, to approve the minutes for the September 8, 2005 meeting at Pulte's community center grand opening as presented. All aye. Motion Carried. APPROVAL OF AGENDA Move I.1 to 1.7 — Discussion on Rice Lake Water Level/Install of Weir Add I.8 — Discussion on Lawsuit from DNR against RCWD re: Rice Lake Level Puleo made motion, Granger seconded, to approve the agenda for September 19, 2005 as amended. All aye. Motion Carried. CONSENT AGENDA Puleo made motion, Granger seconded, to approve the following Consent Agenda: Approval of Claims Approve Charitable Gambling Permit for Turkey Bingo (St. John's Church) Approve Variance for Building and Septic System Setback @ 8233 132nd Street North (Neilson) Approve Variance from Wetland for Building Addition @ 17180 Henna Avenue North (Taylor) Approve Ordinance for Rezoning of Grangers Auto Body from CR -3 to C-1 City Council meeting of September 19, 2005 Page 2 Approve Annual Performance Review for Public Works Employee Tim Kieffer Approve Annual Performance Review for Public Works Employee Paul Christianson Approve Release of Grading Letter of Credit for Heritage Ponds Approve Reappointment of Smith Schafer & Associates as the City's Auditor All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for September 19, 2005 as presented. APPROVE CHARITABLE GAMBLING PERMIT FOR TURKEY BINGO (ST. JOHN'S CHURCH) City staff received an application from St. Johns the Baptist Church for a charitable gambling permit to conduct a turkey bingo in November 2005. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the charitable gambling permit for St. Johns Church to conduct bingo in November 2005. APPROVE VARIANCE FOR BUILDING AND SEPTIC SYSTEM SETBACK AT 8233132"d STREET NORTH (NEILSON) Daniel and Jennifer Neilson, 30683 Wallmark Lake Drive, Chisago, applied for four variances to allow new construction on property located at 8233 132nd Street North. The property is located on the north end of Sunset Lake, which is classified as a Recreational Development Lake. Hugo City Code requires a 75 foot setback for septic systems and 100 foot building setback for properties on Sunset Lake. The Board of Zoning considered this application at their meeting on September 8, 2005 and unanimously recommended approval of the request. Adoption of the Consent Agenda approved the four variances for Daniel and Jennifer Neilson at 8233 132"d Street. APPROVE VARIANCE FROM WETLAND FOR BUILDING ADDITION AT 17180 HENNA AVENUE NORTH (TAYLOR) Scot and Courtney Taylor, 17180 Henna Avenue North, applied for a variance to locate an addition and deck 100 feet from Horseshoe Lake, where a 200 foot setback is required by ordinance. Hugo City Code classifies Horseshoe Lake as a Natural Environment Lake and requires a 200 foot setback for all structures located on Natural Environment lakes. The addition has already been constructed without a permit and the deck is currently under construction without a permit. The Board considered this application at their meeting on September 8, 2005 and unanimously recommended approval of the request with the condition that all necessary permits for the addition and deck are obtained. Adoption of the Consent Agenda approved the variances for Scot and Courtney Taylor at 17180 Henna Avenue. APPROVE ORD FOR REZONING OF GRANGERS AUTOBODY FROM CR -3 TO C-1 At its September 6, 2005 meeting, Council approved the rezoning of Grangers Auto Body from CR -3 to C-1 in a motion on its Consent Agenda by resolution. In accordance with City Code, rezoning requires City Council meeting of September 19, 2005 Page 3 approval of an ordinance. Adoption of the Consent Agenda approved Ordinance 2005-398 for the rezoning of Grangers Auto Body from CR -3 to C-1. APPROVE ANNUAL PERFORMANCE REVIEW FOR PW EMPLOYEE TIM KIEFFER Tim Kieffer was hired by the City on September 22, 2004. Over the past year, Tim has worked very hard and has established himself as a valued member of the public works team, with his ability to perform all public works duties. Tim is dependable, conscientious, and a skilled employee. Adoption of the Consent Agenda approved the annual performance review for Tim Kieffer. APPROVE ANNUAL PERFORMANCE REVIEW FOR PW EMPLOYEE PAUL CHRISTIANSON Paul Christianson was hired by the City on September 22, 2004. Over the past year, Paul has worked hard in all areas of the public works department. Paul is thorough, a hard worker and valued member of the public works team. Adoption of the Consent Agenda approved the annual performance review for Paul Christianson. APPROVE RELEASE OF GRADING LETTER OF CREDIT FOR HERITAGE PONDS The developer for Heritage Ponds residential subdivision requested a release of the letter of credit for grading of Heritage Ponds. Senior Engineering Technician Scott Anderson reviewed the request and found it to be consistent with the completion of the grading for the installation of public improvements. Adoption of the Consent Agenda approved the release of the letter of credit from developer Len Pratt for the grading on Heritage Ponds. APPROVE REAPPOINTMENT OF SMITH SCHAFER AS THE CITY'S AUDITOR In 2001, the City solicited Requests for Proposals for City auditing services and Smith Schafer & Associates was the low bidder and selected from six auditing firms by Council. Over the past three years, Smith Schafer has provided excellent auditing services for the City, most recently, the conversion to the GASB 34 accounting model. The finance department solicited a three-year extension from Smith Schafer with a fee less than those submitted by the other firms three years ago. Adoption of the Consent Agenda approved the reappointment of Smith Schafer & Associates as the City's auditor for the next three years. PROPOSED AMENDMENT OF WAGE AND JOB GOALS W/HUGO LAND DEVELOPMENT In 2001, Council entered into an agreement with Hugo Land Development d/b/a Minnesota Union Builders for the construction of a 94,000 sq ft facility and creation of some 70 jobs. In 2003, Minnesota Union Builders went bankrupt and the holding company, Hugo Land Development LLC was left with a building and property, which is in the process of being sold to 84 Lumber from Pennsylvania. Consistent with the tax increment financing plan for the BEIP, which involves wages and job goals, Council must consider an amendment to the plan to reflect the actual creation of jobs by Minnesota Union Builders. Mayor Fran Miron opened the public hearing at which the public was invited to provide any and all comments regarding the proposed amendment to the wage and job goals. There were no oral City Council meeting of September 19, 2005 Page 4 or written comments and Mayor Miron closed the public hearing and provided Council an opportunity for discussion. Finance Director Ron Otkin clarified issues for Council member Chuck Haas. Haas made motion, Granger seconded, to adopt RESOLUTION 2005-53 AUTHORIZING AMENDMENT OF WAGE AND JOB GOALS. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. REQUEST FROM SUNSET LAKE HOMEOWNERS ASSOCIATION TO DEPOSIT AQUATIC VEGETATION ON PUBLIC LAND At its September 6, 2005 meeting, Council tabled the request from the Sunset Lake homeowners association to deposit aquatic vegetation on City property located at Homestead Drive & 125d' Street and the former lake access located at the north end of Homestead Drive instead of trucking it to the City's compost site. Council requested a management plan from the association in order to better determine the short-term and long-term effects of what the aquatic vegetation would do. Association president Jim Laumer was present at the meeting to present Council with a management plan, which was originally submitted to the RCWD, as well as pictures of what is being proposed. No more harvesting will be done this year, so composting would not be done until 2006. Mr. Laumer also sought Council approval to create a perennial garden at the 125' Street/Homestead Drive, to be maintained by Sunset Lake residents. Miron made motion, Granger seconded, to approve the request to dispose of aquatic vegetation on the City's parcel of land at 1250' Street and Homestead Drive and keep Council updated on status of project. All aye. Motion Carried. Miron made motion, Granger seconded, to approve the request to place a perennial garden at the intersection of 1250i Street and Homestead Drive, with review by PW Director Chris Petree to insure no visual obstructions. All aye. Motion Carried. PROPOSED PURCHASE OF PARKLAND FROM OAKSHORE PARK HOMEOWNERS ASSOCIATION On September 9, 2005, City staff and Council member Frank Puleo met again with the Oakshore Park Homeowners Association to discuss details regarding the purchase of the 10 -acre park. Council member Becky Petryk stated that as a member of the OPA, she would remove herself from discussions. CD Director Bryan Bear provided Council with an update. No formal Council action was taken. UPDATE ON WASHINGTON COUNTY'S CSAH 8A PROJECT At its August 16, 2005 meeting, Council directed staff to inform Washington County that the City would like to have included in the County's five-year capital improvements plan the update of CSAH 8A. City Council meeting of September 19, 2005 Page 5 City Engineer Jay Kennedy stated that 2009 construction cost is estimated at $5 million dollars, with Hugo's share estimated at $350,000. Jay also informed Council that the City would bear the cost of right-of-way acquisition estimated at $250,000. Jay will continue to work with Washington County on this project, and obtain additional information about "softening" some of the curves on the roadway. No formal Council action was taken. DISCUSSION ON DEMOLITION OF WATER TOWER #1 At its August 7, 2005 meeting, Council directed staff to solicit bids for the demolition of water tower # 1, and solicit bids for repainting the tower should it remain. PW Director Chris Petree received bids for both the demolition ($20,526) and repainting ($28,950) water tower #1. Chris stated that the Historical Commission had no interest on saving the tower and the Lions Club would like to have it removed to allow for expansion of their facility. Council discussed the potential to generate revenue from rental of the tower by cellular companies. Council concurred that they had very little feedback from residents, one way or the other, and Mayor Miron suggested that a survey be included in City utility bills, as well as solicitation of interest on the City's website and local newspapers. Miron made motion, Granger seconded, directing staff to survey residents regarding their opinion about keeping the water tower through utility billing/local newspaper and return results to Council for review. All aye. Motion Carried. REVIEW OF COUNCIL/COMMISSIONS WORKSHOP REGARDING OPEN MEETING LAW REQUIREMENTS AND OFFICIAL CONFLICTS OF INTEREST At its special workshop on September 7, 2005, Council and all City Commissions heard a presentation from Kevin Frazell from the League of Minnesota Cities and City Attorney Dave Snyder regarding Minnesota open meeting law and conflicts of interest. Dave presented Council with a recap of the workshop, which was well received by Council and Commission members. No formal Council action was taken. RCWD ORDER FROM MNDNR FOR WEIR IN JD2 FOR RICE LAKE WATER LEVEL AND PERMIT FROM CITY Prior to discussion of this matter, and as an affected landowner, Mayor Fran Miron handed the gavel to Acting Mayor Becky Petryk to eliminate any possible perceived conflict of interest. At its September 6, 2005 meeting, Council approved the five -point process plan drafted by Water Resource Engineer Pete Willenbring from WSB Engineers for procedures for the RCWD, City of Hugo, and the MNDNR for the follow-through process of voluntary acquisition of easements in and around Rice Lake, and proposed installation of a weir in JD2 to restore the lake level back to Rice Lake. On September 8, 2005, the RCWD was served with a Cease and Desist Order from the MNDNR ordering them to install the control structure/weir in JD2 by October 1, 2005. On Monday, September 12, 2005, Pete Willenbring met with Steve Hobbs from the RCWD and officials from the MNDNR to review the five -point process plan and the need for a permit from the City of Hugo. Pete provided Council the results of the meeting, which followed the direction from Council to propose the process and plan for restoring the lake level in Rice Lake, as well as the need to implement the voluntary easement acquisition program. Pete explained the City Council meeting of September 19, 2005 Page 6 details of the five -point process plan agreed to by the RCWD, MnDNR, and City staff. Council held a lengthy discussion about the plan and permit application. Three residents and RCWD Manager Jim Leroux addressed the Council and provided their perspective. Haas made motion to approve the RCWD permit application with certain conditions. Motion failed for lack of second. Puleo made motion, Granger seconded, to table the RCWD permit application to allow staff time to prepare a map indicating affect on properties, not owned by the DNR, with an outlet structure set at 920.4'. Staff was directed to draft a resolution outlining Council concerns with the proposed weir and approve the need to call a special meeting, if needed. VOTING AYE: Granger, Petryk, Puleo VOTING NAY: Chuck Haas Motion Carried. RECESS Because of the late hour: Haas made motion, Petryk seconded, to recess tonight's meeting at 10:00 pm until Tuesday, September 20, 2005, at 8:00 am. All aye. Motion Carried.