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HomeMy WebLinkAbout2005.10.03 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 3, 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 Attorney Dave Snyder, City Engineer Jay Kennedy, PW Director Chris Petree, and City Clerk Mary Ann Creager MINUTES FOR COUNCIUCOMMISSIONS MEETING OF SEPTEMBER 7, 2005 REGARDING CONFLICTS OF INTEREST Petryk made motion, Puleo seconded, to approve the minutes for the joint Council and Commissions meeting held on September 7, 2005 regarding conflicts of interest and open meeting law as presented. All aye. Motion Carried. CITY COUNCIL MEETING OF SEPTEMBER 19, 2005 Puleo made motion, Granger seconded, to approve the minutes for the September 19, 2005 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Miron made motion, Granger seconded, to approve the agenda for October 3, 2005 as presented. All aye. Motion Carried. CHRIS WACHTLER (WBL SCHOOL BOARD MEMBER) Chris Wachtler, member on the WBL School Board, requested an opportunity to address Council regarding his reelection campaign for the Board this fall. Chris stated that he would like to continue the Board's good work and asked for Council support. CONSENT AGENDA Granger made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Extension of Internship for Scott Bailer in Building Department Approve Publication of Public Hearing for Flood Plain Ordinance Approve Publication of Public Hearing for Home Occupation Ordinance Approve Sales Trailer for Victor Gardens North 2"d Addition All aye. Motion Carried. City Council meeting of October 3, 2005 Page 2 APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for October 3, 2005 as presented. APPROVE EXTENSION OF INTERNSHIP FOR SCOTT BALLER IN BUILDING DEPT. . Scott Baller was hired by the City on April 19, 2005 as the City's new building department intern. His six-month internship was set to expire on October 19, 2005, but due to previous employment, Scott did not accept any compensation from the City until July 2005. Scott had developed into a very good building inspector over the past six months, and with the volume of inspection services needed, staff requests that his internship be extended until December 2005. Adoption of the Consent Agenda extended the internship of Scott Bailer until December 2005. APPROVE PUBLICATION OF PUBLIC HEARING FOR FLOOD PLAIN ORDINANCE CD Development intern Andrew Gitzlaff has prepared a revision to the City's flood plain ordinance, which was last adopted by the City in 1998. When the City assumed LGU responsibility, the City agreed to make changes to the ordinance so that it is consistent with the Rice Creek Watershed District's ordinances. In addition, the ordinance is inconsistent with the DNR's requirements. Over the past several months, Andy has made draft revisions to the ordinance to reflect the changes required by the Rice Creek Watershed District and the DNR. Adoption of the Consent Agenda approved the publication of a public hearing for the proposed revised flood plain ordinance, which would include an opportunity to hear public comment at the Planning Commission. APPROVE PUBLICATION OF PUBLIC HEARING FOR HOME OCCUPATION ORD. Over the past several months, a subcommittee, consisting of members of the Planning Commission and City Council, met with City staff from the CD department to review and revise the City's current home occupation ordinance. Staff is pleased to announce that a draft version has been finalized and there is a need to schedule a public hearing. Adoption of the Consent Agenda approved the publication of a public hearing for the revised home occupation ordinance in order to allow public comment at the Planning Commission. APPROVE SALES TRAILER/SIGN FOR VICTOR GARDENS NORTH 2"D ADDITION The Rottlund Company requested approval of a PUD modification to allow a temporary sales trailer on the parcel to be platted as Outlot A, Victor Gardens North Village 2nd Addition, use only until the model home is available. The model is expected to be ready in the spring of 2006. The 12' x 56' sales trailer is similar to the sales trailer being used by Pulte for the Waters Edge development and located west of this site north of CSAH 8. The applicant has proposed to provide gravel access and parking for this temporary sales trailer, but a bituminous handicapped stall and a handicapped accessible route into the sales trailer is proposed, along with landscaping at the entrance to the sales trailer. The applicant also requested two 4'x 8'sales sign at the northeast corner of Elmcrest and CSAH 8. One sign would advertise the housing in Victor Gardens North Village 2nd Addition and one would advertise the housing in Victor Gardens 4d' Addition. Adoption of the Consent Agenda adopted Resolution 2005-54 approving a sales trailer and signs for Victor Gardens North 2"d Addition. City Council meeting of October 3, 2005 Page 3 APPROVE DENIAL OF PERMIT APPLICATION FROM RCWD FOR WEIR INSTALLATION ON JD2 Council member Frank Puleo requested that this item be removed from the Consent Agenda for Council discussion. To avoid any conflict of interest, Mayor Fran Miron removed himself from discussion and passed the gavel to acting Mayor Becky Petryk. At its September 19, 2005 meeting, Council considered a permit application from the RCWD for the installation of a weir in JD2 for the purpose of increasing the lake level in Rice Lake. After discussion, Council tabled the application and directed staff to prepare a resolution regarding the issue of an outlet structure for Rice Lake, as well as preparation of a map of potential impact areas. City Attorney Dave Snyder discussed with Council a resolution of Findings of Fact highlighting the reasons for denial of the permit. After further questions and discussion: Puleo made motion, Granger seconded, to adopt RESOLUTION 2005-55 DENYING THE PERMIT REQUEST BY THE RCWD FOR A PERMIT TO INSTALL A WEIR TO SERVE AS AN OUTLET TO RICE LAKE. VOTING AYE: Granger, Petryk, Puleo ABSTAINED: Haas Motion Carried. 132ND STREET ASSESSMENT HEARING At its September 6, 2005 meeting, Council adopted Resolution 2005-51 calling for an assessment hearing, which has been scheduled for October 3, 2005. The hearing was scheduled after the City received a duly signed petition for the bituminous surfacing of 132nd Street, between the east line of Goodview Avenue and to the west line of Henna Avenue, in the fall of 2003. On September 7, 2004, Council awarded the bid for the project to North Valley, Inc. The feasibility report adopted on May 17, 2004, contained a project estimate of $345,000 of which $320,000 would be assessed on a developable unit basis. Based on 39 developable units, the total assessment per unit was estimated at $8,205. Staff announced that, due to an excellent bidding climate and project management oversight, the actual cost has been decreased to $183,799.38 over a reduced assessable unit to 36.35 units, for an assessment per unit of $5,056. City Attorney Dave Snyder commented on a letter from the White Oak Heights homeowners association requesting that individual parcels be assessed rather than the association. Dave stated that this would not be a problem, assuming no property owners contest the assessment. Mayor Fran Miron called the public hearing to order to receive public comment on the issue. Sally Cain, treasurer of the White Oaks Heights homeowners association, stated that all homeowners pay their own taxes, and they are not legally set up as an association, thereby explaining their request to be assessed individually. Jerome Jessen requested Council consideration of a lower interest rate and the possibility of being able to make monthly payments. Lee Roepke thanked Council for the project and requested Council consideration of The Garden participating in the assessment as the business generates a good amount of traffic. City Council meeting of October 3, 2005 Page 4 Steve Seidl thanked Council for the project and also requested that The Garden be assessed for improvements. He questioned whether a property owner could be further assessed should they develop their property at a later date. Dean Stedt addressed the following: 1) questioned installation of culverts and ditch culverts; 2) wanted The Garden to participate in th8 cost of the project; 3) questioned engineering bills related to the project; and 4) asked that the City pay an additional $36,000 towards the project cost. Ed Semrud thanked Council for the project, asked about the expected life of the road, and also asked that The Garden be included in the assessment. Ray Bahm addressed concern with the speed and volume of traffic and vehicles not stopping at the intersection. He also addressed The Garden issue. With no more resident input, Mayor Miron closed the public hearing. Council member Frank Puleo felt that because of the number of questions surrounding the project that adoption of the assessment should be tabled. Puleo made motion, Petryk seconded, to table the assessment resolution to allow staff time to resolve issues. All aye. Motion Carried. APPROVE AWARD OF BID FOR DEMOLITION OF OLD HUGO CITY HALL At its July 18, 2005 meeting, Council directed staff to accept quotations for demolition of the old city hall. Over the past two months, City staff has completed a pre -demolition survey and asbestos sampling of the building. Staff then prepared a demolition specification and sent it out to seven demolition contractors for competitive quotes. On Tuesday, September 27, 2005, PW Director Chris Petree received a total of three quotes for the work. Granger made motion, Miron seconded, to award the contract for demolition of the old city hall to the low bidder, Frattalone Companies, in the amount of $24,867. All aye. Motion Carried. REVIEW OF ED KIEGER'S CUP AT 165TH STREET AND TH61 In May, 2003, the City Council approved an amendment to the CUP for property owned by Kieger Enterprises located at 5885 165'x• Street North. As a condition of approval, the CUP is to be reviewed after an initial two-year period with a four- year review period thereafter. Staff inspected the property on September 14, 2005 and found it to be in compliance with the CUP. Council questioned whether what, if any, business was being conducted at the site. Staff had recommended Council renew the CUP for 5885 1656' Street North for four years. Because of a possible conflict of interest, Council member Puleo stated that he would not take part in discussion of this matter. Mr. Kieger stated that he is presently leasing portions of the property to a number of landscaping businesses. City Council meeting of October 3, 2005 Page 5 Miron made motion, Petryk seconded, to approve the extension of the CUP for property located at 5885 165'h Street. VOTING AYE: Granger, Haas, Petryk, Miron ABSTAINED: Puleo Motion Carried. APPROVE ACQUISITION OF J.R. JOHNSON PROPERTY FOR ONEKA PARKWAY CD Director Bryan Bear was informed by property owner J.R. Johnson that there is a small strip of land between the Oneka Parkway right-of-way and the small ditch that runs across his property, which is unusable due to the construction of the road. He inquired as to the City's interest in purchasing this strip of land, which is of no value to him. Bryan has had continued discussions with Mr. Johnson regarding the value of the property and informed Council that Mr. Johnson has agreed to sell the property to the City for $8,900. City Engineer felt that the City would have a better project if the City had ownership of the property. Miron made motion, Puleo seconded, directing staff to negotiate with J.R. Johnson for purchase of a small strip of land between the Oneka Parkway right-of-way and the adjoining ditch in an amount not to exceed $8,900. All aye. Motion Carried. DISCUSSION ON MNDOT COOPERATIVE AGREEMENTS FOR 130TH STREET AND 147TH STREET AT TH61 City staff received the annual solicitation from MnDOT for Cooperative Agreement projects for projects at the 147' Street and 130th Street intersections with Highway 61. City Engineer Jay Kennedy presented the potential applications to Council. Miron made motion, Petryk seconded, to adopt RESOLUTION 2005-56 REQUESTING FUNDING FROM MNDOT THROUGH THE MUNICIPAL AGREEMENT PROGRAM (130T"/TH61). VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Petryk made motion, Miron seconded, to adopt RESOLUTION 2005-57 REQUESTING FUNDING FROM MNDOT THROUGH THE MUNICIPAL AGREEMENT PROGRAM (I477H/TH61). VOTING AYE: Granger, Haas,?etryk, Puleo, Miron Motion Carried. Granger made motion, Miron seconded, that MnDOT be notified that the intersection at 147' Street and TH61 is considered a higher priority by the City. All aye. Motion Carried. City Council meeting of October 3, 2005 Page 6 SCHEDULE PUBLIC MEETING FOR PRESENTATION OF CITY'S EMERGENCY MANAGEMENT PLAN Included in the Hugo City Council's 2005 goals was development of an emergency management plan for the City. The plan was completed by Fire Chief Jim Compton, and after a resident inquiry, staff suggested Council schedule a meeting for the Rice Lake Centre for public presentation of the plan to Hugo residents. Miron made motion, Granger seconded, to schedule a special meeting for Monday, November 28, 2005, 7:00 pm, at the Rice Lake Centre, to present the City's emergency management plan. All aye. Motion Carried. UPDATE ON ONEKA PARKWAY On Monday, September 26, 2005, a preconstruction meeting was held with the general contractor and all subcontractors regarding this project Oneka Parkway. CD Directory Bryan Bear updated Council with the results of that meeting. RESCHEDULE JOINT COUNCIL/PLANNING COMMISSION MEETING RE MULTI- FAMILY DESIGN GUIDELINES At its September 19, 2005 meeting, Council scheduled Monday, October 24, 2005 for a joint meeting with the Planning Commission to discuss the multi -family design guidelines. Due to a scheduling conflict, City Planner Kendra Lindahl from Landform is unavailable for that meeting date and requested Council's selection of another day in order to hold this joint meeting. Granger made motion, Miron seconded, to schedule a joint Council/Planning Commission meeting for Tuesday, October 25, 2005, at 3:00 pm, to discuss multi -family design guidelines. All aye. Motion Carried. APPLICATION FOR RESIDENT TO SERVE ON HRA BOARD IN 2006 (DENNIS HEGBERG) Washington County Dennis Hegberg requested that a public announcement be made that there will be a vacancy on the Washington County Housing and Redevelopment Authority Board in 2006. Any resident interested in serving on the Board, with the exception of Council members, should contact Washington County Commissioner Dennis Hegberg or the City of Hugo for an application. No formal Council action was taken. DISCUSSION ON MET COUNCIL COMPREHESIVE PLAN SYSTEM STATEMENTS Metropolitan Council informed the City that they have developed system statements for all cities in the seven county Twin Cities' area regarding four categories: 1) waste water management issues; 2) parks; 3) comprehensive planning; and 4) transportation. Council should review the document and provide their comments to CD Director Bryan Bear. City Council meeting of October 3, 2005 Page 7 NOVEMBER 17, 2005 LMC/AMM JOINT REGIONAL MEETING City staff has been informed by the Association of Metropolitan Municipalities that there will be a joint meeting with the League of Minnesota Cities on Thursday, November 17, 2005. Miron made motion, Haas seconded, to schedule a special Council meeting for November 17, 2005, 1:00 pm, at the Four Points Sheraton in Minneapolis, to allow Council attendance at the joint LMC/AMM regional meeting. All aye. Motion Carried. EXECUTIVE SESSION - REVIEW SEPTEMBER 22, 2005 RULING BY JUDGE CASS REGARDING MNDNR REQUEST FOR TRO On Thursday, September 22, 2005, City Attorney Dave Snyder represented the City of Hugo at an injunction hearing in Washington County by the Minnesota Attorney General's office on behalf of the MnDNR for a Temporary Restraining Order (TRO) in order the direct the RCWD to install a weir in JD2 for the purpose of restoring lake levels in Rice Lake. The City Attorney's request for an intervention was approved by Judge Cass, after which attorneys representing the RCWD, DNR, and City of Hugo were allowed to present their cases. Upon completion of their briefs, Judge Cass stated that he would make a ruling as soon as possible regarding the DNR's request for a temporary restraining order. Later that same day, City Attorney Dave Snyder was informed by the Judge that the TRO was granted which allowed and directed the RCWD to begin the installation of a weir immediately. Haas made motion, Petryk seconded, to recess the regular meeting and go into executive session. All aye. Motion Carried. To remove any perceived conflict of interest, Mayor Fran Miron handed the gavel to acting Mayor Becky Petryk and left the meeting. RETURN TO REGULAR SESSION City Attorney Dave Snyder stated that Council had met in executive session to discuss the status of recent litigation between the City of Hugo and the RCWD and the MnDNR. The City Attorney was instructed to work with the RCWD and the DNR to achieve the elimination of the Cease and Desist Order, and followed by that, the termination of any outstanding litigation with any party- All ty All aye. Motion Carried. ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 10:00 pm. All aye. Motion Carried.