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HomeMy WebLinkAbout2004.05.03 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MAY 3, 2004 Acting Mayor Becky Petryk called the meeting to order at 7:00 pm. PRESENT: Petryk, Granger, Haas, Puleo, Miron (MAYOR MIRON ARRIVED AT 8:30 PM.) City Administrator Michael Ericson; CD Director Bryan Bear; City Attorney Dave Snyder; City Engineer Jay Kennedy; Water Management Specialist Phil Belfiori; City Planner Kendra Lindahl; Fire Chief Jim Compton; and City Clerk Mary Ann Creager CITY COUNCIL MEETING OF APRIL 19, 2004 Puleo made motion, Granger seconded, to approve the minutes for the April 19, 2004 meeting as presented. VOTING AYE: Granger, Haas, Puleo ABSTAINED: Petryk Motion Carried. BOARD OF REVIEW — APRIL 29, 2004 Granger made motion, Puleo seconded, to approve the minutes for the Council's Board of Review meeting held on April 29, 2004. VOTING AYE: Granger, Haas, Puleo ABSTAINED: Petryk Motion Carried. APPROVAL OF AGENDA Add F.2 — Introduction of New Community Development Director Bryan Bear Remove G.5 for Council Discussion — Change Order from Stevens Engineering for PW Facility Add L.1— Discussion of RCWD Workshop on May 18, 2004 Puleo made motion, Granger seconded, to approve the agenda for May 3, 2004 as amended. All aye. Motion Carried. PRESENTATION OF PORTRAIT OF VICTOR HUGO PAINTED BY LOCAL ARTIST LEN SHIMOTA City Administrator Mike Ericson presented to Council a portrait of the City of Hugo's namesake, Victor Hugo, painted by Hugo resident, Len Shimota. Acting Mayor Petryk acknowledged receipt of the painting and thanked Mr. Shimota for his generous donation. CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims City Council meeting of May 3, 2004 Page 2 Approve Site Plan Amendment for North County Auto Body Approve Next Tri -Cities Coalition Meeting for May 20, 2004 at 6:00 pm Approval of WSB Bridge Inspection Proposal Approve Extension of Lot Hold Agreement w/Jim Faulkner for Lot in BEIP 5t' Addition Approve PUD Amendment for Victor Gardens Community Pool All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for May 3, 2004 as presented. APPROVE SITE PLAN AMENDMENT FOR NORTH COUNTRY AUTO BODY North Country Auto Body at 5451 140th Street requested an amendment to their previous site plan approval to remove the curbing proposed on the west property line. The applicant indicated that the parking lot will sheet drain to the existing drainage swales. Adoption of the Consent Agenda approved the site plan amendment for North Country Auto Body at 5451 140th Street North. APPROVE NEXT TRI -CITIES COALITION MEETING FOR MAY 20, 2004 AT 6:00 PM At the December 11, 2003 Tri -Cities Coalition meeting, the policy makers directed staff to form a steering committee in order to complete a number of directives, including the final draft of the Joint Powers Agreement, Mission Statement, budget, and collection of land use studies. Over the past several months, the Tri -Cities Steering Committee has met and completed these items, including a recommendation to select Thursday, May 20, 2004 as the next Tri -Cities Coalition meeting. The meeting is scheduled to start at 6:30 pm, with a burger, brat, and soda supper beginning at 6:00 pm. The meeting is scheduled from 6:30 pm to 8:00 pm. Included on the agenda will be an update from Rick Arnebeck from MnDOT on the work -to -date on the I -35E study from I-694 to Hinckley. Adoption of the Consent Agenda approved the next Tri -Cities Coalition meeting date of Thursday, May 20, 2004. APPROVAL OF WSB BRIDGE INSPECTION PROPOSAL MnDOT requires that the City inspect all of its bridges on an annual basis to determine their condition rating. The inspection is not related to inspection during construction, and is required regardless of the age of the bridge. In March of 2004, Senior Engineering Technician Scott Anderson was contacted by MnDOT and informed that the annual inspection reports for the City's bridges had not been received. WSB Engineers provided a proposal to complete the required work, which has been included in the Council packet for your information. As part of the inspection services, WSB will be working with MnDOT to modify the inspection schedule so that some or all of the bridges can be inspected every two years instead of annually. If successful, this will reduce the City's inspection costs in the future. Adoption of the Consent Agenda accepted the bridge inspection proposal from WSB Engineers to complete the required inspections. City Council meeting of May 3, 2004 Page 3 APPROVE EXTENSION OF LOT HOLD AGREEMENT W/JIM FAULKNER FOR LOT IN BEIP 5" ADDITION In January 2004, Council agreed to a Lot Hold Agreement with Jim Faulkner for Lot 1, Block 1, in the BEIP 5d' Addition. Staff has been working with Jim to schedule a meeting with representatives from a local community college, who are interested in a location in Hugo. That meeting was held on May 3, 2004. AdVion of the Consent Agenda approved an extension to August 1, 2004 for Lot 1, Block 1, in the BEIP 5 Addition. APPROVE PUD AMENDMENT FOR VICTOR GARDENS COMMUNITY POOL The applicant is seeking approval of an amendment to the Victor Gardens PUD plans to include a community activity center with a pool on Outlot B of the 2nd Addition. Victor Gardens was designed to be a Traditional Neighborhood Development (TND), which - among other things - emphasizes public spaces and pedestrian—friendly street design. This community activity center with pool would be one of the public spaces that define this development. No significant deviation from the original PUD design standards has been proposed for this facility. The facility will be maintained and governed by the Victor Gardens Homeowner's Association. The Planning Commission voted unanimously to recommend approval. Adoption of the Consent Agenda adopted Resolution 2004-19 approving the PUD amendment to allow the community pool at Victor Gardens. APPROVAL OF ON -SALE 3.2 BEER LICENSES FOR EMBAJADORA LATINA (HISPANIC RODEO) On behalf of Embajadom Latina, Carmen Guzman made application to the City for on -sale 3.2 beer licenses, which will be used for the Hispanic Rodeos to be held on May 30, 2004 and September 5, 2004, at Woodloch. City staff reviewed the applications, along with the liquor liability insurance, and found them be satisfactorily complete. Council member Puleo questioned whether the parking problems experienced at last year's rodeo had been addressed and City Administrator Mike Ericson stated that they had been resolved. Puleo made motion, Haas seconded, to issue the on -sale 3.2 beer licenses for Carmen Guzman for the Embajadora Latina Hispanic Rodeo to be held on May 30, 2004 and September 5, 2004 at Woodloch. All aye. Motion Carried. APPROVE CHANGE ORDER FROM STEVENS ENGINEERING FOR NEW PARKING LOT DESIGN FOR PUBLIC WORKS BUILDING On Wednesday, April 21, 2004, Council members Mike Granger and Chuck Haas met with PW Director Chris Petree and landscape consultant Laurie McRostie to go over the plans for the new Master Concept Plan for the Rice Lake Park property. Included in the plans will be a revision of the parking lot to better accommodate the parking lot surrounding the community room previously approved by Council. The sub -committee recommended that Stevens Engineering, the civil engineer on the public works facility project, complete a parking lot revision to allow for increased parking and storm water runoff. City staff City Council meeting of May 3, 2003 Page 4 recommended approval the Change Order from Stevens Engineering for the redesign of the parking lot for the new public works facility. Council member Granger stated that he was not comfortable voting on the matter this evening and requested that the matter be tabled. Haas made motion, Petryk seconded, to table this matter until the meeting of May 17, 2004. All aye. Motion Carried. LOCAL WATER MANAGEMENT PLAN FOR LGU AUTHORITY The Hugo City Council identified as one of its top -ten goals for 2004, the transfer of the local governing unit (LGU) responsibilities from the Rice Creek Watershed District (RCWD) to the City of Hugo. Phil Belfiori from WSB Engineers outlined the required steps necessary at the April 5, 2004 meeting, at which time the City Council approved the Memorandum of Understanding (MOU) with the RCWD, which the RCWD approved its meeting on April 28, 2004. The next step in the process is for the City Council to adopt certain RCWD rules by reference. Since this involves the adoption of ordinances, a public hearing is required and was scheduled for this meeting. Phil Belfiori was present and provided a PowerPoint presentation of the process for implementing these responsibilities. Acting Mayor Petryk opened the public hearing to take any and all public comment on the issue, including submittal of written documents. John Arcand commented that the RCWD did not know of the 165' Street ditch project. Marvin LaValle questioned whether residents in other watershed districts should have to pay outside their own watershed districts. He was informed that the LGU should be self-supporting, not relying on general funds. Council member Chuck Haas suggested the possibility of the City becoming the LGU for the entire community, which would include the other two watershed districts. The public hearing was closed for Council discussion. If the City Council adopts the proposed Ordinances, the City will assume LGU authority beginning June 1, 2004. Haas made motion, Granger seconded, to adopt RESOLUTION 2004-20 ASSUMING THE SOLE PERMIT AUTHORITY TO ISSUE PERMITS FOR AND REGULATE ACTIVITIES AFFECTING WATER RESOURCES WITHIN THE CITY OF HUGO. VOTING AYE: Granger, Haas, Petryk, Puleo Motion Carried. Haas made motion, Petryk seconded, to adopt ORDINANCES 2004-386-387-388 ADOPTING CERTAIN RULES OF THE RCWD REGARDING STORM WATER MANAGEMENT. VOTING AYE: Granger, Haas, Petryk, Puleo Motion Carried. APPROVAL OF CHARITABLE GAMBLING PERMIT FOR BAYPORT AMERICAN LEGION (SAL'S ANGUS GRILL) The American Legion Post 491 of Bayport, MN made application for a lawful gambling permit to conduct a pull tab operation at the new Sal's Angus Grill (formerly dba Woody's Bar and Grill). The City Council meeting of May 3, 2004 Page 5 gambling manager for the American Legion Post, Wayne Peterson, completed the State of Minnesota's lawful gambling application and it has been reviewed by City staff and found to be satisfactorily completed. This issue was tabled by Council at the last meeting, and staff was directed to invite the applicant to the next Council meeting at which this item will be discussed in more detail. Council was interested in whether or not the Hugo American Legion was interested in selling pull tabs at Sal's Angus Grill. City Clerk Mary Ann Creager stated that Phil Kamman of the Hugo Legion stated that they are not interested in the license. Puled made motion, Haas seconded, to approve the charitable gambling license for the American Legion of Bayport Post 491 to conduct a pull tab operation at Sal's Angus Grill located at 12010 Keystone Avenue North, and waive any waiting period. All aye. Motion Carried. JD2 CULVERT REPLACEMENT PROJECT City Attorney Dave Snyder updated Council on the new negotiations between the attorneys with the RCWD and Jay Brothers, the contractor on the JD2 culvert replacement project. No formal Council action was taken. MET COUNCIL LETTER ON SANITARY SEWER CAPACITY At its April 19, 2004 meeting, Council member Chuck Haas requested that staff provide an update on the expected letter from MCES indicating the City's current and future sanitary sewer capacity. To date, staff has not received said letter, but shared with Council a copy of Contract No. 457 from 1975. City Administrator Mike Ericson stated that staff is still reviewing the Contract to determine its interpretation and affect on the future sewer capacity. Staff will report back to Council at a regular Council meeting. APPROVE COST ESTIMATE FOR COMMUNITY (CHANGE ORDER ON NEW PUBLIC WORKS FACILITY) At its April 19, 2004 meeting, Council listened to a presentation from Council member Mike Granger and PW Director Chris Petree regarding the Change Order requested for the community room for the new public works facility. City architect Bob Russek from ESG Architects had completed a revision to the community room, which would rotate the mechanical room to the opposite end of the building, change a door to make it the main entrance into the community room, and introduce a small kitchenette with cabinet space. Jack Parkos from Parkos Construction has developed an initial cost estimate of $28,000.. Granger made motion, Puleo seconded, to table this matter to allow the Public Works Committee to meet with the architect and review the breakdown of costs associated with the proposed Change Order. All aye. Motion Carried. City Council meeting of May 3, 2004 Page 6 APPROVE VICTOR GARDEN 4T" ADDITION POAC-Crain, LLC has proposed to construct 92 townhome units and plat three commercial lots for future development. The property would be added to the Victor Gardens PUD. Staff recommended that the City Council approve the comprehensive plan amendment from commercial to high density residential for approximately 20 acres of the site, approve the rezoning to PUD as part of Victor Gardens, and approve the Victor Gardens PUD amendment and preliminary plat for this request. City planner Kendra Lindahl provided an overview of the project and stated that the Planning Commission had considered this matter at its meeting of April 27, 2004, and by a 5-2 vote, recommended approval of the application. The two no votes were cast because of a question of error for meeting publication deadlines. City staff clarified the publication notice problem for Council and thanked the property owner for making the error known to the City. Council member Haas stated that he has a private business association with developer Len Pratt, and after consulting with City Attorney Dave Snyder, whose opinion it was that there was not a conflict of interest, opted to not vote on any of these related matters. MAYOR MIRON ARRIVED AT 8:30 PM. Petryk made motion, Puleo seconded, to adopt RESOLUTION 2004-21 APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR VICTOR GARDENS 4TH ADDITION. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. Puleo made motion, Petryk seconded, to adopt ORDINANCE 2004-389 AMENDING CHAPTER 320 (ZONING) TO RECLASSIFY CERTAIN LAND FROM C-2 TO PUD FOR VICTOR GARDENS e ADDITION. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. Petryk made motion, Granger seconded, to adopt RESOLUTION 2004-22 APPROVING FINDINGS OF FACT FOR REZONING FOR VICTOR GARDENS 4TH ADDITION. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. Granger made motion, Puleo seconded, to adopt RESOLUTION 2004-23 APPROVING PUD AMENDMENT FOR VICTOR GARDENS 4T" ADDITION. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. City Council meeting of May 3, 2004 Page 7 Granger made motion, Puleo seconded, to adopt RESOLUTION 2004-24 APPROVING PRELIMINARY PLAT FOR VICTOR GARDENS 4TH ADDITION. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. PROPOSED PAVING OF ELMCREST AVENUE City staff held a neighborhood meeting on April 13, 2004 to discuss the paving of Elmcrest Avenue from Victor Gardens to Fable Hill Parkway, as proposed by developer Len Pratt. The purpose of the meeting was to discuss the proposed project with the residents, and discuss the potential of paving the remainder of Elmcrest Avenue (129m Street to Fable Hill Parkway). City Engineer Jay Kennedy presented City Council with a PowerPoint presentation of the proposal for Council consideration. Based on the outcome of the neighborhood meeting, City staff recommended Council consider Mr. Pratt's paving proposal, and not move forward with a paving project for the remainder of the street. Petryk made motion, Granger seconded, to accept the proposal from developer Len Pratt to pave Elmcrest Avenue from Victor Gardens to Fable Hill Parkway and not move forward with a paving project for the remainder of the street. The City Engineer shall draft a resolution for Council consideration requesting MnDOT to conduct a speed study on Elmcrest Avenue, south of CR8. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. APPROVE PRELIMINARY PLAT FOR NEESER & POWERS (PRATT & CENTEX HOMES) Len Pratt and Centex Homes requested approval of a rezoning to PUD, PUD general plan, and preliminary plat to allow development of 207 townhomes and 127 -single family detached homes on the 125.28 -acre property guided low density residential. The developer is requesting a density bonus to allow 3.38 units per acres where 3 units per acre are permitted, as well as PUD flexibility to allow townhomes, where single family homes and twinhomes are permitted. The development includes a mix of single family homes and three townhome designs, construction of a landscaped boulevard connecting the new parkway to Elmcrest Avenue and dedication of additional land for the elementary school/community playfields. The Planning Commission voted unanimously to recommend approval. City planner Kendra Lindahl and developer Len Pratt provided an overview of the project. David Gratzer, Lino Lakes resident west of the project, listed his five concerns and another Lino Lakes resident, Lester Winter, was concerned with the volume of drainage he might receive and that small calves on his property might be an attraction for youngsters. Arnie Triemert and John Udstuen, Everton Avenue residents, requested that Len Pratt's discussion of a southern buffer be made a part of the written approval for this development. Miron made motion, Granger seconded, to adopt ORDINANCE 2004-390 AMENDING CHAPTER 320 (ZONING) TO RECLASSIFY CERTAIN LAND FROM FUTURE URBAN RESERVE TO PUD. City Council meeting of May 3, 2004 Page 8 VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. Miron made motion, Granger seconded, to adopt RESOLUTION 2004-25 APPROVING FINDINGS FOR FACT FOR CENTEX HOMES/PRATT INVESTMENTS ON THE POWERS/NEESER PROPERTY. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. Miron made motion, Puleo seconded, to adopt RESOLUTION 2004-26 APPROVING A PUD FOR CENTEX HOMES/PRATT INVESTMENT ON THE POWERS/NEESER PROPERTY. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. Miron made motion, Petryk seconded, to adopt RESOLUTION 2004-27 APPROVING PRELIMINARY PLAT FOR CENTEX HOMES/PRATT INVESTMENT FOR POWER/NEESER PROPERTY. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried. Miron made motion, Petryk seconded, directing the City Engineer to draft a resolution for Council consideration requesting MnDOT to conduct a speed study on Elmcrest Avenue, north of CR8. All aye. Motion Carried. Because of time constraints: Miron made motion, Haas seconded, to table the following agenda items: • APPROVE RFP FROM SPRINGSTED FOR COMPENSATION CLASSIFICATION STUDY • LETTER TO WASHINGTON COUNTY ON PID INFORMATION • 132ND STREET NEIGHBORHOOD MEETING ON PAVING All aye. Motion Carried. RCWD WORKSHOP Miron made motion, Haas seconded, to schedule a special Council meeting on Tuesday, May 18, 2004, Hugo City Hall, from 10 am until 12:30 pm, to allow Council to attend a RCWD water quality workshop. All aye. Motion Carried. City Council meeting of May 3, 2004 Page 9 ADJOURNMENT Haas made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Mary Ann Creager City Clerk