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HomeMy WebLinkAbout2005.12.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 19, 2005 Mayor Fran Miron called the meeting to order at 7:05 pm. PRESENT: Haas, Petryk, Puleo, Miron City Administrator Mike Ericson, CD Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Finance Director Ron Otkin, PW Director Chris Petree, and City Clerk Mary Ann Creager ABSENT: Mike Granger MINUTES FOR CITY COUNCIL MEETING OF NOVEMBER 30, 2005 Haas made motion, Petryk seconded, to approve the minutes for the November 30, 2005 budget workshop meeting as presented. All aye. Motion Carried. MINUTES FOR CITY COUNCIL MEETING OF DECEMBER 5, 2005 Haas made motion, Petryk seconded, to approve the minutes for the December 5, 2005 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Consider F.1 (CSAH 8/14 Project) later in meeting. Add G.13 — Approve DNR Forestry Grant for Hugo Fire Department Add G.14 — Approve Charitable Gambling Permit for Hugo PTA for Gold Plate Dinner Note L.2 — Update on City Lawsuit vs. MnDNR Miron made motion, Haas seconded, to approve the agenda for December 19, 2005 as amended. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approval of 2006 Licenses for Refuse Haulers Approval of Probationary Period for PW Worker Rick Kieffer and Appointment as Regular Employee Approve Appointment of Scott Baller as Building Inspector Approve Lawful Gambling Permit for Centerville Lions Club Cadillac Dinner Approve Resolution Certifying Delinquent Sewer and Water Bills Approve Rescheduling of January 2006 City Council Meetings Approve Ordinance Adopting 2006 City Fee Schedule Approve Application for Lawful Gambling License for Hugo American Legion Approve Final Acceptance of Public Infrastructure for Heritage Ponds I" Phase Approve Adoption of Resolution and Findings to Deny Petition for 129h Street Improvements Approve DNR Forestry Grant for the Hugo Fire Department City Council meeting of December 19, 2005 Page 2 Approve Charitable Gambling License for the Hugo Elementary School P.T.A. to Conduct a Gold Plate Dinner at the Hugo American Legion All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for December 19, 2005 as presented. APPROVE 2005 LICENSE RENEWALS FOR REFUSE HAULERS The City has seven refuse haulers, who provide refuse and recycling services. The haulers are: Maroney's Sanitation; DoAll Service; Ace Solid Waste; MN Waste Management; SRC, Inc.; Gene's Disposal; and BFI Waste Services. City staff has received renewal applications from all seven haulers, and they have paid their annual fee of $165. Adoption of the Consent Agenda approved the issuance of 2006 refuse haulers licenses to the above listed seven firms. APPROVAL OF PROBATIONARY PERIOD FOR PW WORKER RICK KIEFFER AND APPOINTMENT AS REGULAR EMPLOYEE Rick Kieffer was hired by the City on May 31, 2005, returning after a brief private sector employment. The City was pleased to welcome back Rick as he is an excellent employee, who is reliable, conscientious, and dependable. Rick is a hard worker, who demonstrates an excellent work ethic. He is a valued member of the City's public works team. Adoption of the Consent Agenda approved the probationary period for Rick Kieffer and appoints him as a regular employee. APPROVE APPOINTMENT OF SCOTT BALLER AS BUILDING INSPECTOR Scott Bailer was hired by the City on April 18, 2005 as a building inspector intern. He has demonstrated an excellent work ethic, and as a result, his internship was extended to December 31, 2005. Over the past eight months, Scott's exemplary work record and dedication to the building department has been recognized by his coworkers and building official John Benson. Scott is competent, committed, and conscientious, demonstrating the skills necessary to be an excellent building inspector. Adoption of the Consent Agenda appointed Scott Bailer as a building inspector effective January 1, 2006, subject to the standard six month probationary period and preemployment physical APPROVE LAWFUL GAMBLING PERMIT FROM CENTERVILLE LIONS FOR CADILLAC DINNER AT THE HUGO AMERICAN LEGION The Centerville Lions made application to the City for a lawful gambling permit in order to hold a Cadillac Dinner at the Hugo American Legion. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the permit from the Centerville Lions to hold its Cadillac Dinner at the Hugo American Legion on February 4, 2006. City Council meeting of December 19, 2005 Page 3 APPROVE RESOLUTION CERTIFYING DELINQUENT UTILITY ACCOUNTS Annually, the finance department reviews all delinquent utility bills, which are the result of nonpayment or underpayment of water and sewer utility bills. In accordance with City ordinance, Council is required to adopt a resolution to certify delinquent utility bills in order that they are placed on the property tax statements for collection. Property owners who have not paid their outstanding utility bill must be certified to the property tax rolls. Adoption of the Consent Agenda approved adoption of Resolution 2005-66 certifying delinquent utility bills for placement on property tax statements APPROVE CHANGE IN JANUARY 2006 CITY COUNCIL MEETING DATES Both the first and second regular meeting dates in January 2006 fall on federal holidays that the City observes. Adoption of the Consent Agenda approved the change in meeting dates for the first and second regular meetings of the month to the next Tuesday, which is January 3, 2006 and January 17, 2006. APPROVE ORDINANCE ADOPTING 2006 CITY FEE SCHEDULE Each year in December, Council, upon recommendation from the finance department, adopts a new fee schedule that incorporates any necessary adjustment in fees for the upcoming year. Finance Director Ron Otkin has worked with City staff to make adjustments to the 2006 City fee schedule. Adoption of the Consent Agenda approved adoption of Ordinance 2005-400 adopting the 2006 City fee schedule. APPROVE APPLICATION FOR LAWFUL GAMBLING LICENSE FOR HUGO AMERICAN LEGION The City received an application for renewal of the lawful gambling license for the Hugo American Legion. This license allows the Legion to conduct its pull tab operation. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling license for the Hugo American Legion to conduct its pull tab operation at 5383 140' Street. APPROVE FINAL ACCEPTANCE OF PUBLIC INFRASTRUCTURE FOR HERITAGE PONDS 7 PHASE Developer Centex Homes requested the City accept the constructed public improvements for the Heritage Ponds 1" addition. Acceptance of the improvements would begin a one-year warranty period. At the end of one year, the project would be considered complete and maintenance activities would become the responsibility of the City. The City would continue to hold a Letter of Credit in the amount equal to 25% of the original cost of the improvements during the one year warranty period. Adoption of the Consent Agenda approved and accepted the public infrastructure for Heritage Ponds 1" Phase. APPROVE ADOPTION OF RESOLUTION AND FINDINGS OF FACT DENYING THE PETITION FOR PUBLIC IMPROVEMENTS FOR 129TH STREET The City received a petition for sewer and water improvements from residents along 129' Street. City Council meeting of December 19, 2005 Page 4 Council discussed the petition at its December 5, 2005 City Council meeting. Since the petition included a "not to exceed" amount, the Council directed staff to prepare findings of fact denying the petition. Council authorized preparation of a feasibility study for the improvements, of which $7,500 would be paid by Mr. Jim Kellison. In addition, the City will pay $2,500 to expand the feasibility study to include a study of improvements to the road surface and the bridge over the outlet to Bald Eagle Lake. After the study is complete, staff anticipates a meeting with the neighbors, and possibly a new petition for improvements. Adoption of the Consent Agenda adopted Resolution 2005-67 approving the findings of fact denying the petition for public improvements along 129' Street and Resolution 2005-68 ordering a feasibility study for 129* Street/Ethan Avenue improvements. APPROVE DNR FORESTRY GRANT FOR THE HUGO FIRE DEPARTMENT Annually, the Hugo Fire Department submits a grant application to the MnDNR for a Volunteer Forestry Assistance Matching Grant. The HFD received notification from the MnDNR that its grant application has been awarded. These grants typically are used for fire suppression equipment to suppress wild land fires. Since the City has a large amount of rural area, the City has been successful in the past in receiving grants. Adoption of the Consent Agenda approved acceptance of the 2006 MnDNR Forestry Assistance Matching Grant, in the amount of $2,000. APPROVE APPLICATION FOR CHARITABLE GAMBLING LICENSE FOR THE HUGO ELEMENTARY P.T.A. The City received an application from the Hugo Elementary School P.T.A. to hold a gold plate dinner on January 27, 2006 at the Hugo American Legion, 5383 140'' Street, to raise funds to purchase playground equipment for the new Oneka Elementary School. Staff has reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the charitable gambling permit for the Hugo P.T.A. to hold a gold plate dinner at the Hugo American Legion on January 27, 2006. APPROVE WATER RESOURCE EDUCATION WITH WASHINGTON CONSERVATION DISTRICT FOR CITY'S MS4 PROGRAM Mayor Fran Miron removed this matter from the Consent Agenda for Council discussion. The City received a request from the Washington Conservation District for funding support for a shared Water Resource Educator position. This position would assist in implementing watershed education strategies, develop and implement an MS4 education plan, conduct educational events, coordinate programs, and prepare an annual education report. This education training is a necessary part of the federal government's NPDES permit requirements. City staff recommended Council approve City support of this educational program with City participation in the amount of $1,500. Mayor Miron felt that because the RCWD, Washington County Soil and Water District, and Washington County Extension Services had educators on staff, that this would amount to a duplication of taxpayer funding. PW Director Chris Petree suggested that this new education position would be able to "tailor make" a program for the City, as well as assist his department in completing the large amount of paperwork required by the NPDES. Haas made motion, Miron seconded, to table this matter to allow staff sufficient time to further research Council concerns. All aye. Motion Carried. City Council meeting of December 19, 2005 Page 5 APPROVE PROPOSED 2006 CITY BUDGET AND TAX LEVY At its December 5, 2005 meeting, Council held its annual Truth in Taxation public hearing in order to allow the public the opportunity to comment on the proposed 2006 City budget and tax levy. Finance Director Ron Otkin provided Council with a PowerPoint presentation highlighting the proposed 2006 City budget and 2006-2010 capital improvement program. Mayor Fran Miron opened the public hearing and the only two people to speak were Julie Williams from WB Counseling and Hugo Elementary School psychologist Karen Voss. Finance Director Ron Otkin provided Council with a brief overview of the proposed 2006 City budget. Petryk made motion, Haas seconded, to adopt RESOLUTION 2005-69 APPROVING THE GENERAL FUND BUDGET FOR THE 2006 FISCAL YEAR IN THE AMOUNT OF $3,291,330. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. Miron made motion, Petryk seconded, to adopt RESOLUTION 2005-70 APPROVING FINAL TAX LEVY PAYABLE IN 2006 IN THE AMOUNT OF $3,771,811. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. DISCUSSION ON AWARD OF BID FOR CSAR 8/14 PROJECT Washington County Transportation officials opened the bids for the CSAH 8/14 project on December 5, 2005, after which Arnt Construction was named the low bidder at $11,427,717.26 for both projects. Assistant County Engineer Wayne Sandberg and Washington County Commissioner Dennis Hegberg were in attendance at the Council meeting to provide an update and requesting bid concurrence from Council. Engineer Sandberg stated that the Metropolitan Council Environmental Services was also a part of the bidding process for a sewer project to serve Lino Lakes. MCES is concerned that Arnt's bid for the sewer project was $250,000 more than the second low bidder, Progressive Contractors. The two projects should be completed by the same contractor to remove unnecessary conflicts and delays. Miron made motion, Haas seconded, directing staff to draft a resolution of support to Met Council and award their sewer project to Arnt Construction in conjunction with the CSAH 8/14 project. Miron made motion, Haas seconded, amend the motion to include sending a letter to the I-35 W/E Coalition members asking for their support of the MCES project. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. Miron made motion, Haas seconded, directing staff to prepare a resolution of support indicating concurrence with Washington County awarding the CSAH 8/14 project to Arnt Construction. All aye. Motion Carried. City Council meeting of December 19, 2005 Page 6 APPROVE 2006-2010 CAPITAL IMPROVEMENT PROGRAM At its December 5, 2005 meeting, Council listened to a presentation from Finance Director Ron Otkin regarding the proposed 2006-2010 CIP. Council agreed with the proposed CIP and the funding of the proposed projects, which would need to be presented for formal approval by City staff in 2006. The CIP includes $150,000 to fund a skate park/tennis and basketball courts for Lions Park. Haas made motion, Puleo seconded, to approve the 2006-2010 CIP for the City of Hugo. All aye. Motion Carried. APPROVE RESOLUTION ADOPTING 2006 CITY EMPLOYEE SALARIES At its November 30, 2005 budget workshop, Council agreed with the proposed 2006 City budget and recommendations for City salaries, with a target increase of 5%. Finance Director Ron Otkin and City Administrator Mike Ericson have prepared the proposed 2006 City wages and salaries, which reflect an overall increase of 4.83% and with a recommendation Council approve the 2006 City employee wages and salaries schedule as presented. Haas made motion, Petryk seconded, to adopt RESOLUTION 2005-71 SETTING 2006 SALARIES FOR CITY EMPLOYEES AND ESTABLISHING EMPLOYEE REIMBURSEMENT LEVELS. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. DISCUSSION ON PROPOSED CITY ORDINANCE FOR GRADING PERMIT APPLICATION 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 recommended 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. Mayor Miron and Council member Puleo did not favor implementing a permitting process, rather educating residents and contractors of wetland regulations. City Council meeting of December 19, 2005 Page 7 Puleo made motion, Petryk seconded, directing staff to develop more specifics on the amount of fill dirt that would require a permit and prepare a draft ordinance for Council review. All aye. Motion Carried. City Council meeting of December 19, 2005 Page 7 DISCUSSION ON MEMORANDUM OF UNDERSTANDING WITH RCWD At its December 5, 2005 meeting, Council inquired as to the City's Memorandum of Understanding with the RCWD for the maintenance of JD2, with $40,000 being available to the City for said maintenance. City staff has assembled the expenditures to date for maintenance work on JD2, which includes costs for removal of beaver dams and monitoring of the ditch, amounting to $30,000, which will be submitted for reimbursement by the RCWD. City staff has confirmed that the $10,000 balance does not roll over into 2006. Puleo made motion, Miron seconded, directing staff to prepare a work plan on work to be done on JD2 in 2006 under the MOU for Council review. All aye. Motion Carried. Resident John Waller requested that the City act on his complaint that a cement slab is obstructing drainage in the ditch along TH61. Miron made motion, Puleo seconded, directing staff to send a letter to the RCWD requesting them to hold an obstruction hearing on the cement lying in the ditch along TH61. All aye. Motion Carried. SCHEDULE INTERVIEWS FOR EDA AND PARKS AND RECREATION COMMISSION APPLICANTS The City advertised for vacancies on the EDA and the Parks Commission and received a total of two each with a December 2, 2005 deadline. City staff requested Council consider the scheduling of interviews for the applicants or an extension of the deadline for receipt of additional applications. Puleo made motion directing City Clerk Mary Ann Creager to schedule a time to conduct interviews. Motion failed for last of second. Miron made motion, Haas seconded, to accept the candidate pool for the vacancies and schedule interview with full Council. All aye. Motion Carried. DISCUSSION OF MULTI -FAMILY DESIGN GUIDELINES The City Council and the Planning Commission directed staff to formulate a set of design guidelines for multi -family developments. These guidelines are to be utilized as a supplement to the City Code and the Land Use Regulations. The intent of the guidelines is to streamline the review process by communicating the City's development expectations to developers and property owners prior to submission of land use applications. The Planning Commission reviewed the draft guidelines at its December 8, 2005 meeting and unanimously recommended approval with one change that vinyl lap City Council meeting of December 19, 2005 Page 8 siding or other lap siding should be limited to 75% of the building. A higher quality material should be utilized on the remainder of the building and incorporated onto all sides of the building. This change is reflected in the guidelines. City Planner Kendra Lindahl reviewed with Council the suggested guidelines. Miron made motion, Haas seconded, to approve the multi -family design guidelines as presented. All aye. Motion Carried. CONSIDERATION OF REZONING APPLICATION FOR ARCHIE'S RESTAURANT (MONTPETPI) Terry Montpetit requested approval of a rezoning and a review of a concept plan for property located at 13891 Forest Blvd. North to allow for the development of a bar and restaurant. The Planning Commission considered this item at a public hearing on December 8, 2005. Other than the applicant and the property owner, there were four people who spoke at the hearing. The comments from the residents listed concerns about property values, bar traffic, noise, and trespassing. Other residents expressed a desire to see the property redeveloped, and one person wanted to see a bar and restaurant developed on the property. The PC reviewed the application against the City's policies for rezoning applications, and recommended denial of the application for the reasons stated in the staff report. CD Director Bryan Bear provided Council with a PowerPoint presentation, which very clearly presented the zoning history of the subject property, what is allowed in the proposed rezoning request, and how a rezoning would impact surrounding properties. Terry Montpetit addressed Council stating how he planned on renovating the site, and property owner Len Minich expressed his concern that he had not been notified that he lost his "nonconforming status". City staff recommended the Council adopt the resolution and findings of fact to deny the rezoning application. Miron made motion, Haas seconded, to adopt RESOLUTION 2005-72 APPROVING FINDINGS OF FACT DENYING THE REZONING APPLICATION FROM RS TO C-1 FOR TERRY MONTPETIT AT 13891 FOREST BOULEVARD. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. Miron made motion, Haas seconded, to deny the concept plan because property is not in conformance with the zoning district and plan would expand a legal nonconforming use. All aye. Motion Carried. DISCUSSION ON BANNERS IN WATERS EDGE NEIGHBORHOOD City staff received a request from Pulte Homes for the installation of brackets and banners on the new flagpoles along Oneka Parkway in the Waters Edge neighborhood. Pulte Homes would pay for the cost of the brackets and the banners, which would include the name of Waters Edge. City staff requested direction from Council as to its interest in the installation of these banners, which would be maintained by the HOA. Additionally, the Centennial Commission included in its recommendations for celebration City Council meeting of December 19, 2005 Page 9 of the City's centennial in 2006, the incorporation of a newly developed logo, which could be designed into any banners installed in the City. Council did not want to create a sense of "exclusiveness" and also questioned long-term maintenance by the homeowners' association. Miron made motion, Haas seconded, directing staff to prepare guidelines for banner use. All aye. Motion Carried. COUNCIL MEMBER CHUCK HAAS APPOINTMENT TO METRO AREA WATER SUPPLY ADVISORY COMMITTEE Last week, Governor Tim Pawlenty appointed Hugo City Council member Chuck Haas to the Metropolitan Area Water Supply Advisory Committee. This 12 -member committee is charged with the responsibility of development of a water supply plan for the Twin Cities metro area. Council congratulated Council member Haas on this appointment. No formal Council was taken. CENTENNIAL COMMISSON BREAKFAST ON JANUARY 17, 2006 At its December 12, 2005 meeting, the Hugo Centennial Commission scheduled a sponsorship breakfast for Tuesday, January 17, 2006 at 7:30 am in the Oneka Room at Hugo City Hall. The purpose of the sponsorship breakfast is for an opportunity Council to publicly support the Centennial Commission and its efforts to secure sponsorships for the centennial celebration activities in 2006. City staff noted that Tuesday, January 17, 2006 is also the EDA meeting. Miron made motion, Haas seconded, to schedule a special meeting for Tuesday, January 24, 2006, Oneka Room, at 7:30 am to allow Council attendance at the Centennial Commission Sponsorship Breakfast. All aye. Motion Carried. LETTER TO DNR ON BRANCH #2 OF JUDICIAL DITCH #2 At its December 5, 2005 meeting, Council requested of staff whether a letter had been sent to the MnDNR regarding the routine maintenance requested to be performed on Branch #2 of JD#2. City staff has sent that letter and provided a copy for Council review. Mayor Fran Miron excused himself from further discussion to avoid possible conflict of interest and Acting Mayor Becky Petryk asked City Attorney Dave Snyder to update Council on the City's lawsuit against the MnDNR. Dave updated Council on the series of phone calls, e-mails, and letters sent to the MnDNR and State Attorney General's office after the October 3, 2005 executive session attended by Council members Frank Puleo, Mike Granger, Becky Petryk, and Chuck Haas. Puleo made motion, Petryk seconded, to table this matter until the meeting of January 3, 2006. VOTING AYE: Petryk, Puleo VOTING NAY: Haas Motion Carried. City Council meeting of December 19, 2005 Page 10 Puleo made motion, Petryk seconded, that the City Attorney be directed to send a letter to the MnDNR requesting City participation in mediation with them and the RCWD. VOTING AYE: Petryk, Puleo ABSTAINED: Haas Motion Carried. ADJOURNMENT Haas made motion, Petryk seconded, to adjourn at 10:00 pm. Alt aye. Motion Carried. reager jar'y'- y Cl