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HomeMy WebLinkAbout2005.12.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING DECEMBER 5, 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, Finance Director Ron Otkin, CD Intem Andy Gitzlaff, and City Clerk Mary Ann Creager JOINT EDA/COUNCIL MEETING OF NOVEMBER 21, 2005 Haas made motion, Granger seconded, to approve the minutes for the joint EDA/Council meeting of November 21, 2005 as presented. All aye. Motion Carried. CITY COUNCEL MEETING OF NOVEMBER 21, 2005 Granger made motion, Haas seconded, to approve the minutes for the November 21, 2005 meeting as presented. All aye. Motion Carried. CITY COUNCIL MEETING OF NOVEMBER 28, 2005 RE: EMERGENCY MANAGEMENT PLAN Haas made motion, Petryk seconded, to approve the minutes for the November 28, 2005 meeting held at the Rice Lake Centre for the presentation of the City's Emergency Management Plan as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add F.2 — Discussion of House Tax Hearing (Ray Vandeveer) Add I.6 — Update on JD2 Miron made motion, Haas seconded, to approve the agenda for December 5, 2005 as amended. All aye. Motion Carried. COLUMBUS TOWNSHIP RESOLUTION OF SUPPORT FOR INCORPORATION Columbus Township recently filed Articles of Incorporation to the State of Minnesota for the purpose of becoming a city. Township Chair Mel Mettler and Town Manager Elizabeth Mursko were present to request the City of Hugo's public approval for a resolution of support as it proceeds with its incorporation process. As Council is aware, the township was one of the original members of the I-35 WE Coalition, formerly known as the Tri -Cities Coalition. Their continued support for the coalition and its efforts to seek federal funding for the I-35/CSAR 14 interchange was noted by City staff. State Representative Ray Vandeveer and Anoka County Commissioner Rhonda Sivarajah were present to lend their support for the Township's effort to incorporate. City Council meeting of December 5, 2005 Page 2 After the formal presentation by the Township was completed: Granger made motion, Petryk seconded, to adopt RESOLUTION 2005-64 SUPPORTING THE INCORPORATION OF THE TOWN OF COLUMBUS, ANOKA COUNTY, MINNESOTA. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. HOUSE TAX HEARING State Representative Ray Vandeveer stated that an informational meeting regarding assessments and property taxes would be held on Tuesday, December 6, 2005 at the Forest Lake American Legion at 7:15 pm. Petryk made motion, Haas seconded, to schedule a special City Council meeting for December 6, 2005 at the Forest Lake American Legion, 7:15 pm, to allow its attendance at the house tax hearing initiated by State Representative Ray Vandeveer. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Granger seconded, to adopt the following Consent Agenda: Approval of Claims Approve Annual Performance Review for Building Inspector Chuck Preisler Approve Resolution for Renewal of 2006 On -Sale Liquor Licenses and Related Licenses Approve Reduction in Letter of Credit for Victor Gardens North Approve Reduction in Letter of Credit for Waters Edge 2"d Addition Approve Reduction in Letter of Credit for Heritage Ponds 2"d Addition All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for December 5, 2005 as presented. APPROVE ANNUAL PERFORMANCE REVIEW FOR BUILDING INSPECTOR CHUCK PREISLER Chuck was hired by the City as its new building inspector on November 29, 2004. Over the past year, Chuck has worked very hard in establishing himself as an excellent inspector. Chuck is thorough and conscientious and well respected by builders and contractors doing business in the City. Adoption of the Consent Agenda approved the annual performance review for building inspector Chuck Preisler. City Council meeting of December 5, 2005 Page 3 APPROVE RESOLUTION FOR RENEWAL OF 2006 ON -SALE LIQUOR LICENSES AND RELATED LICENSES Each year, the City Clerk's office prepares application packets for businesses seeking the renewal of on - sale liquor licenses and tobacco licenses. Staff prepared the annual renewal list, which includes certificates of liability insurance, payment of all required fees and taxes, and completion of application materials. Adoption of the Consent Agenda adopted Resolution 2005-65 for the annual renewal for the 2006 on -sale liquor licenses and related licenses, subject to payment of all requested fees, taxes, and certificates of liquor liability insurance. APPROVE REDUCTION IN LETTER OF CREDIT FOR VICTOR GARDENS NORTH Contract Property Development Corporation (CDPC) made application to the City for a reduction in their letter of credit for the public improvements in the Victor Gardens North development. Senior Engineering Technician Scott Anderson reviewed the completion of the public improvements to date and found them to be satisfactorily complete. Adoption of the Consent Agenda reduced the letter of credit for the remaining public improvements to the amount of $377,766.00. APPROVE REDUCTION IN LETTER OF CREDIT FOR WATERS EDGE 2ND ADDITION Solid Ground Development made application to the City for a reduction in their letter of credit for the public improvements in the Waters Edge 2nd development. Senior Engineering Technician Scott Anderson reviewed the completion of the public improvements to date and found them to be satisfactorily complete. Adoption of the Consent Agenda reduced the letter of credit for the remaining public improvements to the amount of $192,195.00. APPROVE REDUCTION IN LETTER OFCREDTT FOR HERITAGE PONDS 2ND ADDITION Centex Homes made application to the City for a reduction in their letter of credit for the public improvements in the Heritage Ponds 2nd development. Senior Engineering Technician Scott Anderson reviewed the completion of the public improvements to date and found them to be satisfactorily complete. Adoption of the Consent Agenda reduced the letter of credit for the remaining public improvements to the amount of $442,000.00. TRUTH IN TAXATION PUBLIC HEARING At its September 6, 2005 meeting, Council certified the City's proposed 2006 tax levy at $3,771,811. Council also selected Monday, December 5, 2005 for the Truth in Taxation public hearing. According to Minnesota Statute, the City must present its proposed 2006 City budget, as well as the proposed City tax levy and allow the public the opportunity to provide comment. Additionally, the budget and tax levy cannot be adopted at this meeting but at another regular City Council meeting, which has been scheduled by Council for Monday, December 19, 2005. Finance Director Ron Otkin provided a PowerPoint presentation reflecting highlights of the proposed 2006 City budget, after which Mayor Miron opened the public hearing to allow residents the opportunity to provide comment on the proposed budget and provide any additional direction to City staff for its approval at the December 19, 2005 meeting. Julie Williams, Director of the WB Counseling Center, addressed Council requesting additional funding. On City Council meeting of December 5, 2005 Page 4 behalf of the WB Counseling Center's request, Hugo Elementary School psychologist, Karen Voss, addressed Council stating the need for additional funding as children with mental/emotional needs have been refused treatment because of lack of money. There were no other oral or written comments and Mayor Miron closed the public hearing. The City's 2006 budget will be considered for adoption at the Council meeting of December 19, 2005. TERRY MILLER LAWSUIT DISMISSED BY JUDGE SCHURRER Through LMCTT attorney Jim Thompson, the City of Hugo received notification from Judge Schurrer that he has dismissed the Terry Miller lawsuit against the City regarding the development of the Joyce Seever property. The court cited compelling testimony by CD Director Bryan Bear as a significant factor in reaching the decision favorable to the City. City Attorney Dave Snyder provided Council with an overview of the ruling by Judge Schurrer and what the City can expect to happen in the future. No formal Council action was taken. RECOMMENDATION FOR AMENDMENT TO HOME OCCUPATION ORDINANCE Updating the Home Occupation Ordinance has been one of the goals of the City for the past few years. At a joint Planning Commission/City Council workshop on June 23, 2005, the PC and Council discussed the Home Occupation Ordinance, with a Home Occupation Subcommittee (HOC) being formed as a result of the meeting, consisting of Planning Commissioners Victoria Hoifbeck and Tom Weidt and City Council member Frank Puleo. The Planning Commission held a public hearing to discuss the ordinance on October 27, 2005, and tabled the ordinance to allow staff adequate time to make the requested changes. The PC voted to recommend approval of the draft ordinance at its meeting on November 10, 2005. CD intern Andrew Gitzlaff provided a PowerPoint presentation reviewing the proposed ordinance. Council member Haas suggested that the 300 ft requirement to notify adjoining property owners of activity should be increased in the rural portion of the City. Council discussed the proposed changes and suggested that a final draft be prepared for public review with Council finalization at a later date. Planning Commissioner Ron McRoberts clarified certain ordinance changes and resident, Desiree Rodder, wanted clarification as to if/how the proposed ordinance would impact her daycare business. Miron made motion, Granger seconded, to table this draft ordinance until the Council meeting of January 17, 2006 to allow for public comment. All aye. Motion Carried. DISCUSSION ON PETITION FOR PUBLIC UTILITIES ON 129TH STREET (KELLISON) Miron made motion, Haas seconded, to table this matter until later in the agenda. All aye. Motion Carried. Miron made motion, Haas seconded, to remove this matter from table for discussion. All aye. Motion Carried. At its November 7, 2005 meeting, Council tabled a petition submitted by Jim Kellison for public utilities on 129'h Street the December 5, 2005 regular Council meeting. City staff had an opportunity to meet City Council meeting of December 5, 2005 Page 5 with Mr. Kellison to discuss his petition and request for public utilities further. Mr. Kellison requested Council consider completion of the feasibility study for the 129' Street public improvement project at a cost not to exceed $10,000, of which Mr. Kellison will pay $7,500 and the City pay $2,500. City Engineer Jay Kennedy provided additional information to Council with a request for direction to proceed with completion of the study. Miron made motion, Haas seconded, directing staff to prepare a formal Findings of Fact resolution to accept the formal withdrawal of Mr. Kellison's petition for public improvements and submit to Council for action. All aye. Motion Carried. Petryk made motion, Puleo seconded, authorizing the City Engineer to prepare a feasibility study for the 129'h Street Public Improvement project, at a cost of $10,000, of which Mr. Jim Kellison will pay $7,500 and the City of Hugo will pay $2,500. All aye. Motion Carried. RESCHEDULE JANUARY 17, 2006 OPEN HOUSE FOR DOWNTOWN REDEVELOPMENT PLAN At its November 21, 2005 meeting, Council selected Tuesday, January 17, 2006 for the open house for the presentation of the downtown redevelopment plan and market study, which is being completed by Maxfield Research. Due to the Martin Luther King federal holiday on Monday, January 16, 2006, which the City observes, the City's second regular meeting of the month will need to be rescheduled to January 17, 2006 resulting in the conflict of meetings at City Hall that evening. Haas made motion, Petryk seconded, to schedule an Open House for January 18, 2005, Hugo City Hall, at 7:00 pm, for presentation of the downtown redevelopment plan and market study. All aye. Motion Carried. REPORT ON SPEED STUDY FOR ONEKA LAKE BOULEVARD The City received an e-mail from resident Steve Snyder requesting action from the City regarding a truck roll over on Oneka Lake Boulevard at the rear of his home, which is located immediately adjacent to the roadway. Mr. Snyder has requested Council consider reduction in the speed, which he cites as the cause of the accident. As Council is aware, direction had already been provided to staff to work with MnDOT for a speed study on the roadway back in August 2005. City Engineer Jay Kennedy provided Council with an update on the request to MnDOT for a speed study on Oneka Lake Boulevard, stating that the study would not be completed until spring 2006. Miron made motion, Haas seconded, directing staff to send a letter to Steve Snyder notifying of the status of the Oneka Lake Boulevard speed study. All aye. Motion Carried. City Council meeting of December 5, 2005 Page 6 UPDATE ON JD2 Council member Puleo requested an update on JD2 matters: 1) status of $40,000 maintenance fee from the RCWD; and 2) letter to DNR regarding beaver dams on branch of JD2. Staff will keep Council updated on these matters. DISCUSSION ON PROPOSED DRAFT CITY APPLICATION FOR GRADING PERMIT Over the past several months, city staff has noticed an increase in the number of trucks hauling and placing fill at various private property locations throughout the City. This activity has resulted in an increased number of wetland impact violations, which has increased the amount of time staff has had to dedicate to these types of issues. There have been several cases where landowners have filled in low areas while not realizing that these areas are considered wetlands. The City, as the Local Government Unit responsible for the permitting of all wetland activity, does have a process that addresses this activity; however, the majority of landowners are not utilizing the process because they do not understand what conditions can qualify an area as a wetland. With the current issues related to the excavation, grading and hauling of fill material within the City, staff recommends that the City implement an excavating and grading ordinance, including a permit form for non -development related activities. This would result in a clearly defined process for the proper handling and placement of fill material in the City. Having a grading ordinance and permit would allow staff to work with residents proactively, and minimize problems. Miron made motion, Petryk second, to table this matter until the Council meeting of December 19, 2005. All aye. Motion Carried. RESCHEDULE DECEMBER 15,20051-35 W/E COALITION MEETING Due to a busy October monthly calendar, the previously scheduled I-35 W/E Coalition meeting was rescheduled to December 15, 2005. City staff sought direction as to rescheduling the December meeting for January or February due to the busy holiday schedule. Typically, the meeting has been held on the third Thursday of the month on a quarterly or as -needed basis. Miron made motion, Haas seconded, to schedule the next I-35 W/E Coalition meeting for Thursday, January 19, 2006 at 7:00 pm. All aye. Motion Carried. DECEMBER 5.2005 BID OPENING FOR CSAH 8/14 PROJECT On Monday, December 5, 2005, Washington County opened bids at 2:00 pm for the CSAH 8/14 project. City staff was in attendance at the meeting and reported that Arnt Construction is the apparent low bidder. This matter will be discussed in more detail at the Council meeting of December 19, 2005. City Council meeting of December 5, 2005 Page 7 6, 2005, Forest Lake American Legion, at 7:15 pm, to attend a house tax hearing initiated by State Representative Ray Vandeveer. All aye. Motion Carried. Mary Anil reager City