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HomeMy WebLinkAbout2005.11.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF NOVEMBER 7, 2005 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Fire Chief Jim Compton, PW Director Chris Petree, and City Clerk Mary Ann Creager ABSENT: Mike Granger APPROVE MINUTES FROM EXECUTIVE SESSION OF OCTOBER 3, 2005 Haas made motion, Petryk seconded, to approve the minutes for the City Council executive session of October 3, 2005 as presented. VOTING AYE: Haas, Petryk, Puleo ABSTAINED: Miron Motion Carried. APPROVE MINUTES FROM CITY COUNCIL MEETING OF OCTOBER 17, 2005 Haas made motion, Petryk seconded, approve the minutes for the October 17, 2005 meeting as presented. All aye. Motion Carried. APPROVE MINUTES FROM JOINT COUNCIL/PLANNING COMMISSION MEETING OF OCTOBER 25, 2005 Haas made motion, Petryk seconded, to approve the minutes for the October 25, 2005 joint meeting with the Planning Commission regarding the development of multi -family housing design guidelines as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add discussion of CSAH 8A culvert to H.1 discussion Miron made motion, Haas seconded, to approve the agenda for November 7, 2005 as amended. All aye. Motion Carried. RECOGNITION OF HFD FIREFIGHTERS JIM COMPTON JR. AND TONY BRONK FOR HURRICANE CLEANUP FEMA WORK IN LOUISIANA AND MISSISSIPPI As Council is aware, Hugo Firefighters Tony Bronk and Jim Compton Jr. recently returned home to the City of Hugo after working for FEMA in Louisiana and Mississippi, which were hit Hurricane Katrina. Both firefighters contacted FEMA immediately after the hurricane hit and volunteered their professional firefighting services. Firefighter Bronk provided a PowerPoint slide show of the devastation in the area. City Council meeting of November 7, 2005 Page 2 Mayor Fran Miron presented Tony and Jim with Certificates of Appreciation on behalf of the citizens of Hugo and publicly thanked them for the public service to the citizens of the States of Mississippi and Louisiana. CONSENT AGENDA Haas made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve Site Plan for Pearson Mechanical in BEIP 5h Addition Approve Renewal of Dan Ramberg's CUP for Rodeos and Tack Shop Approve Acceptance of Team Track Public Improvement in BEIP Approve Final Acceptance of Public Improvements in the Beaver Ponds South Development Approve Lawful Gambling Permit for MN State High School Rodeo (Dead Broke Saddle Club) Approve Reduction in Letter of Credit for Street Improvements and Utilities in Victor Gardens East (5'h) All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for November 7, 2005 as presented. APPROVE SITE PLAN FOR PEARSON MECHANICAL IN BEIP 5T" ADDITION Pearson Mechanical Inc. has made application for a site plan approval to allow the construction of a 45,000 square foot building on property located on the northeast corner of the intersection of Fenway Boulevard and Fenway Boulevard Circle in the Bald Eagle Industrial Park. Ronald Pearson of Pearson Mechanical Inc. purchased the property legally described as Lot 1 Block 1, BEIP 5'h Addition from the City. According to the agreement, Person Mechanical Inc. has until September 2006 to construct a building on the site. The building is intended to serve as a warehouse and office complex to house the headquarters of Pearson Mechanical Inc. & Associates, which is a mechanical contractor company specializing in HVAC system construction. The proposed building will consist of 33,800 square feet of warehouse space and 9,600 square feet of office space. Adoption of the Consent Agenda approved Resolution 2005 -approving a site plan for Pearson Mechanical Inc. for construction of a 45,000 sq ft building on Lot 1, Block 1, BEIP 5th Addition. APPROVE RENEWAL OF DAN RAMBERG'S CUP FOR RODEOS AND TACK SHOP In November 2000, the City Council approved a CUP for property owned by Daniel Ramberg located at 5676 170'h Street North to be used for rodeos, overnight camping in association with rodeo events, and for operation of a tack shop. As a condition of approval, the CUP is to be reviewed every five years. Staff completed its review of the CUP and is not aware of any problems associated with the business, nor has the City received any complaints over the past five years. Adoption of the Consent Agenda renewed the CUP for 5676 170' Street North for another five years. City Council meeting of November 7, 2005 Page 3 APPROVE ACCEPTANCE OF TEAM TRACK PUBLIC IMPROVEMENT IN BEIP For the past two years, Hugo city officials have worked with officials from the Minnesota Commercial Railway and owners of Schwieters to develop a team track public improvement project into the Bald Eagle Industrial Park. Consistent with the development of the covenants for the park in 1998, railroad usage was encouraged, and this team track will allow the public usage of moving freight into the BEIP, including lumber into Schwieters' fourth building. Senior Engineering Technician Scott Anderson and PW Director Chris Petree inspected the work and found it to be satisfactorily complete. Included in the construction of the railroad spur was a public participation for the use of tax increment financing funds which were used to develop the park. Adoption of the Consent Agenda accepted the team track public improvements in the BEIP and directed staff to make a reimbursement payment to Schwieters in the amount of $225,000. APPROVE FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS IN THE BEAVER PONDS SOUTH DEVELOPMENT The developer for the Beaver Ponds South development requested that the City consider formal acceptance of the public improvements and commence the one-year warranty period for the Beaver Ponds South residential development. Senior Engineering Technician Scott Anderson reviewed the work completed to date and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the formal acceptance of the public improvements in Beaver Ponds South and to begin the one-year warranty period. APPROVE CHARITABLE GAMBLING APPLICATION FROM THE DEAD BROKE SADDLE CLUB The MN State Rodeo made application to the City for a lawful gambling permit in order to conduct a raffle at the Minnesota State High School Rodeo in June 2006. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling permit for MN State High School Rodeo in order to conduct a raffle at its June 2006 rodeo. CPDC, developer for Victor Gardens East, requested a reduction in the letter of credit for the public improvements. The City will continue to hold a letter of credit for 110% of the remainder of the work to be completed. Senior Engineering Technician Scott Anderson has reviewed the work and found it to be satisfactorily completed. Adoption of the Consent Agenda reduced the letter of credit to $133,318. APPROVE RESIGNATION OF STEVE LACHER FROM PARKS COMMISSION AND AUTHORIZE STAFF TO ADVERTISE City staff received a letter from Parks Commissioner Steve Lacher resigning his position on the City's Parks Commission, effective immediately. Steve has done an excellent job on the Commission, but due to circumstances beyond his control, he is unable to complete his term, which is set to expire on March 31, 2007. Mayor Miron publicly thanked Steve for his service on the Parks Commission. City Council meeting of November 7, 2005 Page 4 Miron made motion, Haas seconded, directing staff to schedule an exit interview with Steve Lacher, accept his resignation from the Parks Commission, and advertise for the vacancy. All aye. Motion Carried. APPROVE APPOINTMENT OF GINA DUNCANSON AND CHRIS ELLETSON AS PROBATIONARY FIREFIGHTERS Several months ago, Council authorized the Hugo Fire Department to advertise for firefighter positions with a specific emphasis on daytime response calls. Gina Duncanson and Chris Elletson have successfully completed the application and background research with successful pre-employment and background screening. Fire Chief Jim Compton introduced Gina and Chris to Council and recommended that they be hired as probationary firefighters. Haas made motion, Petryk seconded, to approve the appointment of Gina Duncanson and Chris Elletson as probationary firefighters serving in that position for two years, with consideration to regular employee status at that time. All aye. Motion Carried. APPROVE 2005-2006 ANNUAL TRAIL APPLICATION FROM HUGO SNOWMOBILE CLUB Each year, the Hugo Snowmobile Club submits its trail application to the City for the purpose of providing public recreational snowmobile trails during the winter. The application is for the four public trails outside of the popular Hardwood Creek Trail. City staff reviewed the application, along with the renewal of liability insurance coverage, which names the City as an additional insured. Council member Haas requested that this matter be removed from the Consent Agenda for discussion due to concerns voiced by a resident living along CR57. Hugo Snowmobile Club official, John Udstuen, stated measures that have been taken to prevent conflict between land owners and snowmobilers. Resident Larry Ehret stated that snowmobiles have trespassed on private property because of the narrow width of CR57, thereby creating a potential vehicle/snowmobile safety problem. Miron made motion, Haas seconded, to approve the 2005-2006 Annual Trail Application from the Hugo Snowmobile Club and contact Washington County regarding Council concern with vehicular/snowmobile safety on CR57. All aye. Motion Carried. MNDNR CEASE AND DESIST ORDER AND JD2 CULVERT REPLACEMENT PROJECT City staff received notification from the MnDNR that the Cease and Desist Order has been lifted for work completed on the weir installed in JD2, allowing the City to proceed with the JD2 culvert replacement project. This verification was necessary to allow the City to complete the remaining work on 157d' Street and 165d' Street. City Water Resource Engineer Pete Willenbring presented Council with a recommendation to approve the quotation from a local contractor to complete the work. Council requested that the guard rails be installed prior to the winter season, if possible. City Council meeting of November 7, 2005 Page 5 Miron made motion, Haas seconded, to execute a contract with Hulegaard Construction, in the amount of $46,900, to complete the 157h Street and 165h Street culvert replacement project with culvert removal, sheet piling, and necessary culvert joints repair work upon receipt of the appropriate certificates of insurance and performance bond. If feasible, guard rails are to be installed prior to the winter season. All aye. Motion Carried. Council member Frank Puleo requested discussion of a drainage concern on a portion of Branch 2 of JD2. A meeting was held with City of Hugo officials, the DNR, and a property owner regarding obstructions in the ditch created by beaver dams. There was discussion about having a survey done, at a cost of $200, to determine if removal of the beaver dam would drain public wetland. Miron made motion, Puleo seconded, directing staff to forward a letter notifying interested agencies that the City of Hugo will begin removal of the beaver dam and tree saplings as soon as possible. Cost incurred for such removal shall be reimbursed by the RCWD, as outlined in the Memorandum of Cooperation. All aye. Motion Carried. DISCUSSION ON OCTOBER 27.2005 OAKSHORE PARK HOMEOWNERS ASSOCIATION MEETING Council member Petryk removed herself from discussion on this issue to avoid a conflict of interest. City staff attended an October 27, 2005 meeting of the Oakshore Park Homeowners Association held in the Oneka Room at the Hugo City Hall. PW Director Chris Petree, Senior Engineering Technician Scott Anderson, City Engineer Jay Kennedy, Water Resource Specialist Phil Belfiori, and City Administrator Mike Ericson delivered a presentation on behalf of the City, in regard to the proposed purchase of the 10 -acre private park, public improvements to City streets, and installation of municipal utilities in the Oakshore Park neighborhood. Jay and Phil presented a PowerPoint presentation highlighting the proposed improvement to the neighborhood, which included the installation of rain water gardens for storm water collection. City staff addressed concept plans for the park improvement, as well as answering questions raised by Oakshore Park neighbors. Officers of the association continued on with the meeting after City staff had left, discussing legal issues relating to the sale of the park and distribution of proceeds to association members. OSP homeowner association officers provided Council with an update of the results of their meeting, stating that the City should be receiving a petition for road improvements, and installation of sewer and water sometime in March 2006. No formal Council action was taken. SELECT DATE FOR CITY COUNCIL BUDGET WORKSHOP At its September 3, 2005 meeting, Council accepted Finance Director Ron Otkin's recommendation to certify the City tax levy to Washington County, which does not increase the City's tax rate. Council agreed to schedule a budget workshop at which the proposed 2006 City budget will be discussed, and further direction provided to City staff. Council discussed several dates at which to discuss the proposed 2006 City budget, with no decision made because of the absence of Council member Granger. City Council meeting of November 7, 2005 Page 6 Miron made motion, Haas seconded, directing staff to contact Council to determine an agreeable date to schedule a budget workshop to discuss the proposed 2006 City budget. All aye. Motion Carried. UPDATE ON CONSTRUCTION OF ONEKA PARKWAY The City gained ownership of the property for Oneka Parkway as of September 29, 2005. Pulte Homes is proceeding with the construction of this segment of Oneka Parkway, which will be completed in advance of the September 2006 opening of the Oneka Elementary School. Pulte Homes had been hopeful that the roadway would be substantially completed yet this year, so that they would have better access to their development property over the winter months. This will not be possible based on the progress to date and the pending end to this year's construction season. With this in mind, Pulte Homes has proposed to construct a temporary roadway within the right of way in order to provide access to their development property over the winter. The roadway will be removed next spring when construction of Oneka Parkway resumes. Pulte Homes will be responsible for all costs related to the construction of the temporary roadway. City Engineer Jay Kennedy stated that they have also requested a 7 am work start on Saturdays until 12/31/05, rather than 8 am. Haas made motion, Puleo seconded, to approve the temporary roadway within the Oneka Parkway right- of-way over the winter and allow a workday of 7 am to 5 pm on Saturdays until 12/31/05, as requested by Pulte Homes. All aye. Motion Carried. DISCUSSION ON INSTALLATION OF FENCE IN FROG HOLLOW PARK Several months ago, Council member Frank Puleo inquired as to the completion of the installation of playground equipment in Frog Hollow Park in the Creekview Preserve neighborhood. Specifically, Council member Puleo inquired whether or not a fence was necessary to prevent children from running into 159h Street. PW Director Chris Petree reviewed this issue with the Parks Commission, which recommended that no fence be installed, and that buffer bushes and trees which had been designed by landscape architect Laurie McCrostie, in fact serve that purpose of being a buffer between the playground equipment and the street. City staff contacted officials from the LMCTT, who made a site inspection of the playground equipment, including a review of the installed bushes and trees along the trail on 159h Street. LMCTT officials prepared a letter that reflects proper design for the installation of the buffer bushes, as well as the recommendation to install a split -rail fence, if Council so desires. Puleo made motion, Petryk seconded, to install a split rail fence in Frog Hollow Park. Miron made motion, Haas seconded, to table this matter to allow Parks Commission discussion of the matter and direct staff to provide a cost estimate to have a fence installed. VOTING AYE: Haas, Petryk, Miron VOTING NAY: Puleo Motion Carried. City Council meeting of November 7, 2005 Page 7 DISCUSSION ON HUGO ROLLING WALKERS AND CITY DISTRIBUTION POLICY At its October 17, 2005 meeting, Council graciously accepted the generous donation of 15 Hugo Rolling Walkers to the City of Hugo and the Hugo senior citizens. City staff has been researching the issue, including a distribution policy for the City and its senior citizens, and will provide a draft copy for Council at its meeting. The policy would be used by City staff to allow the City to distribute the Hugo Rolling Walkers to deserving applicants and residents, as well as to monitor the ownership of the equipment assuring that it is utilized by the greater good of Hugo residents. Miron made motion, Haas seconded, directing staff to work with the Hugo Senior Citizens to establish a draft policy for City Council review. All aye. Motion Carried. CENTENNIAL COMMISSION REPORT At its October 10, 2005 meeting, the Hugo Centennial Commission discussed and approved a list of activities, which will be conducted during the weekend immediately prior to the City of Hugo's 100 -year centennial celebration on Tuesday, August 15, 2006. Specifically, the Commission would like to recommend to the Council that a weekend of activities held on August 12th and 13th be held immediately prior to the official centennial celebration date of August 15, 2006. As Council is aware, this weekend is the same weekend as the Wilson Tool annual family picnic celebration. City staff held a meeting with Wilson Tool president Brian Robinson, and after discussion with owner Ken Wilson, has graciously agreed to move their annual employee picnic to the weekend immediately prior to the proposed centennial celebration. Miron made motion, Haas seconded, to approve the weekend of August 12-13, 2006 as the City of Hugo's Centennial Celebration weekend, with a formal activity recognizing 100 -year anniversary of the City of Hugo on Tuesday, August 15, 2006. All aye. Motion Carried. Miron made motion, Haas seconded, directing staff to draft a letter of recognition to Wilson Tool on their 40 -years as a business in the City of Hugo and indicate the City's willingness to participate in the celebration. All aye. Motion Carried. APPROVE FINAL PURCHASE AGREEMENTS FOR ANTIQUE STORE AND CARPENTERS RESTAURANT At its September 6, 2005 meeting, Council accepted the negotiating committee's recommendation to purchase both the old antique store and Carpenters restaurant, in the amount of $687,000. Council directed staff to provide final purchase agreement documents, as well as the final draft of the proposed lease agreement whereby the City will lease back the restaurant to the Andersons for no more than two years. City Attorney Dave Snyder has drafted the final Purchase Agreement documents. City Council meeting of November 7, 2005 Page 8 CD Director Bryan Bear stated that new concerns were raised at a meeting held with the Anderson family on October 19, 2005. Haas made motion, Petryk seconded, to table this matter until November 21, 2005. All aye. Motion Carried. REQUEST FOR FENCE FROM GRACE LAVALLE-SCHOSTAG Several months ago, Council approved the request from local resident Grace LaValle-Schostag for the installation of a fence on her property located at 5361 145"' Street, immediately adjacent to the new realignment of CR8. Council directed staff to work with Grace to work out the details of the fence. Since that time, PW Director Chris Petree and City Administrator Mike Ericson have met with Grace to review the installation of the fence, which she requests to be installed yet this year. After meeting with two local vendors, Midwest Fence and Century Fence, City staff would like to report to Council that the cost of the installation of the fence has increased to well over $10,000. City staff requested direction from Council as to the installation of the LaValle-Schostag fence, as well as the request of her next door neighbor to have a fence installed on his property. Puleo made motion, Haas seconded, to approve installation of a fence on the Grace LaValle-Schostag property located at 5361 145"' Street, as bid by Midwest Fence, in the amount of $10,462.31, leaving a 42' portion of the fence unbuilt and left on site for future construction. Puleo made motion, Haas seconded, to amend the previous motion that the remaining 42' section of fence be installed by the property owner no later than June 15, 2005. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: AYE: Haas, Petryk, Puleo NAY: Miron Motion Carried. Petryk made motion, Puleo seconded, to deny the request of John Krebsbach of 5377 145"' Street to have a fence installed on his property as the LaValle fence should also act as a buffer for his residence. All aye. Motion Carried. REQUEST FOR NO PARKING SIGNS ON 145TH STREET AT TH61 City staff received a request from a resident for the installation of no parking signs on 145"' Street near and immediately adjacent to TH61. During evening rush hour traffic, there is a serious issue with vehicular traffic seeking to make a right-hand turn from 145"' Street onto TH61, but who are faced with the problem of vehicles parked in front of the former Stock Lumber site. Because of the realignment of CR8, and 145"' Street becoming dead end to the west, Council did not think it feasible to spend the time and money. City Council meeting of November 7, 2005 Page 9 Miron made motion, Haas seconded, to deny the request to install no parking signs on 145h Street, immediately adjacent to TH61. All aye. Motion Carried. REQUEST TO ACCEPT PETITION OF PUBLIC UTILITIES ON 129TH STREET (JIM KELLISON) Jim Kellison submitted a petition for the installation of sewer and water improvements to the properties along 129h Street, adjacent to Bald Eagle Lake. All but two property owners have signed the petition, with the next step is for the Council to order a feasibility study for the proposed improvements. City staff recommended that Mr. Kellison or the other property owners front the cost of the feasibility study. Jay Kennedy presented a potential time line for the project and the cost breakdown for a feasibility study. City Attorney Dave Snyder stated to the City Council that the petition included qualifying language which limited the contribution to $400,000 which was unusual in an improvement petition and recommended that the Council not accept the petition unless they were completely confident that the project would come in well under $400,000. In the alternative, Mr. Kellison could submit an amended petition or arrange for payment of the feasibility study, which might remove any uncertainty about project costs. Council member Petryk requested that Council member Mike Granger be present when this matter is discussed. Petryk made motion, Puleo seconded, to table this matter until the meeting of December 5, 2005 to allow staff time to look at the petition with respect to cost estimates and payment of feasibility study by affected parties and clarify for Council review. All aye. Motion Carried. I.3 REQUEST FROM MPCA FOR EAW FOR SANITARY SEWER IMPROVEMENTS I.4 DISCUSSION ON JOE CANINE'S DRAINAGE ISSUE Due to the time: Miron made motion, Puleo seconded, to table these items until the meeting of November 21, 2005. All aye. Motion Carried. DISCUSSION ON CITY OF HUGO'S POPULATION The Community Development Department has been updating the City's growth forecasts in response to the systems statements recently issued by the Metropolitan Council. City staff estimates the current population as of November 1, 2005 to be 9937, and the City will pass the important 10,000 mark sometime this month. Miron made motion, Puleo seconded, to adopt RESOLUTION 2005-61 REQUESTING THAT A City Council meeting of November 7, 2005 Page 10 HEARING BE CONDUCTED BY MET COUNCIL'S LAND ADVISORY COMMITTEE AND THE STATE OFFIC OF ADMINISTRATIVE HEARINGS FOR THE PURPOSE OF CONSIDERING AMENDMENTS TO MET COUNCIL'S SYSTEM STATEMENT. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. SELECT DATE FOR CITY HALL CHRISTMAS GATHERING Each year, the City Council selects a date at which Hugo City Council, City Commissions, and City staff gathering for a Christmas celebration. For the past several years, Council has selected the first Thursday in December for this holiday celebration. Miron made motion, Haas seconded, to select Thursday, December 1, 2005 for the City's annual City Hall Christmas gathering, which will be held again at the Hugo American Legion. All aye. Motion Carried. ADJOURNMENT Haas made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried. MaryAnn reager ; City