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HomeMy WebLinkAbout2004.05.17 CC MinutesMINUTES FOR THE REGULAR HUGO CITY COUNCIL MEETING OF MAY 17, 2004 Mayor Fran Miron called the regular City Council meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Michael Ericson; CD Director Bryan Bear, Assistant City Attorney Mark Vierling; City Engineer Jay Kennedy; City Planner Kendra Lindahl; PW Director Chris Petree; Fire Chief Jim Compton; and City Clerk Mary Ann Creager CITY COUNCIL MINUTES FOR MEETING OF MAY 3, 2004 Haas made motion,'Petryk seconded, to approve the minutes for the meeting of May 3, 2004 as amended. All aye. Motion Carried. MINUTES FOR DOWNTOWN REDEVELOPMENT MEETING OF MAY 10, 2004 Haas made motion, Puleo seconded, to approve the summary minutes of the downtown redevelopment open house meeting held on May 10, 2004 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Clarification - Item G.3 does not require an ordinance to approve ordinance summary publication Clarification — Item G.7 — request is for a strong beer license rather than a 3.2 license Remove Items G.10 and G.I I from agenda Move J.4 from new business to unfinished business Add M.3 — discuss approval of application for running race in City Miron made motion, Petryk seconded, to approve the agenda for May 17, 2004 as amended. All aye. Motion Carried. CERTIFICATE OF APPRECIATION TO SCHWIETERS BROS. FOR NEW ROOF FOR HFI) REFUSE ENCLOSURE The Hugo Fire Department approached J & L Schwieters requesting their help in constructing a roof over their concrete block refuse enclosure. Due to heavy snowfalls, the department had to continually shovel out the enclosure to remove the refuse containers. The HFD wishes to publicly thank J & L Schwieters for their act of kindness and community volunteerism. A new roof was recently completed by a crew, and all labor and materials were donated. Mayor Fran Miron presented a certificate of appreciation to Brenda Kunkell, a representative from J & L Schwieters, and he and Fire Chief Jim Compton extended the appreciation of the City of Hugo for this generous donation. CONSENT AGENDA Miron made motion, Petryk seconded, to approve the following Consent Agenda: City Council meeting of May 17, 2004 Page 3 Approval of Claims Approve Publication of Summary Ordinance for LGU Approve Denial of Peddlers Permit for Liberator Sales Approve Change Order for Revision of Community Room on New PW Facility Approve Proposed Revision to PW Facility Parking Lot Plan Approve Strong Beer License for North Star Gay Rodeo @ Woodloch Stables Approve Resolution Authorizing Application for an Opportunity Grant through the Livable Communities Demonstration Program Approve Pay Request from Arnt Construction for Site Work Completed at the New PW Facility Approve Annual Performance Review and Salary Adjustment for Building Official (John Benson) Approve Annual Performance Review and Salary Adjustment for CD Assistant (Michele Lindau) Approve Encroachment Agreement for Deck at 15875 Finley Avenue North (Hiner) Approve Encroachment Agreement for Deck at 15733 Fenway Avenue North (O'Hara) Approve Agreement for Continuing Disclosure Services (Springsted Inc.) Approve Resolutions Requesting MnDOT to Conduct a Speed Study on Elmcrest Avenue Approve Additional Services Authorization for Landform for the Downtown Open House APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for May 17, 2004 as presented. APPROVE PUBLICATION OF SUMMARY ORDINANCE FOR LGU At its May 3, 2004 meeting, Council adopted a resolution and ordinance thereby putting into motion transfer of the local governing unit from the RCWD to the City of Hugo. Due to the length of the ordinance, City Attorney drafted an executive summary of the ordinance that needs to be submitted for publication in the City's legal publishing newspaper. Adoption of the Consent Agenda approved the executive summary for publication of the LGU ordinance. APPROVE DENIAL OF PEDDLERS PERMIT FOR LIBERATOR SALES Liberator Sales made application to the City for a Peddlers Permit, which would allow them to go door- to-door to sell magazine subscriptions. Consistent with the ordinance adopted by the City more than a year ago, the application was referred to the WCSO for a background check. City staff also completed its review of the application, including appropriate reference checks. The background check completed by the sheriffs department revealed a long list of complaints, nuisance violations, and problems with the sales force. Adoption of the Consent Agenda approved the denial of the Peddlers Permit for Liberator Sales, which prohibits them from selling in the City of Hugo. APPROVE CHANGE ORDER FOR REVISION OF COMMUNITY ROOM ON NEW PUBLIC WORKS FACILITY At its May 3, 2004 meeting, Council tabled action on this issue to allow staff the opportunity to meet with the City architect to break down the cost estimate received from Parkos Construction for this Change Order. On May 10, 2004, City staff met with the City architect, Bob Russek, and Becca Hines from ESG Architects, and Council member Mike Granger. Discussions with the architect and City Council meeting of May 17, 2004 Page 4 subcontractor were successful in reducing the cost by 50%. Adoption of the Consent Agenda approved the Change Order for the revised layout of the community room in the public works facility in an amount not to exceed $15,000. APPROVE RESOLUTION FOR LIVABLE OPPORTUNITY GRANT On April 27, 2004, Administrative Intern Tom Denaway attended a seminar describing a few of the grant applications available through the Met Council. One of the grants available is an opportunity grant, which provides funds for projects in the pre -development phase. In the City of Hugo's case, this would be work that has been performed by Landform, within the last year, and future work pertaining to the downtown redevelopment process. The average grant award is $30,000 to $70,000, with the grant being a matching grant of 30% from the City. Adoption of the Consent Agenda adopted Resolution 2004-28 authorizing the application for an opportunity grant through the livable community's demonstration program. APPROVE PAY REQUEST FROM ARNT CONSTRUCTION FOR SITE WORK COMPLETED AT THE PW FACILITY Arnt Construction made application to the City for pay request #I for the site work completed on the public works facility located on 137d' Street. Senior Engineering Technician Scott Anderson reviewed the request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved payment to Amt Construction in the amount of $112,501.66. APPROVE ENCROACHMENT AGREEMENT FOR DECK (a,15875 FINLEY AVENUE Charles P. Hiner made application for an Encroachment Agreement to locate a deck within a drainage and utility easement on their property at 15875 Finley Avenue North (Creekview Preserve 2"d Addition). The footings and steps of the deck would encroach approximately 5 feet into the drainage and utility easement. Adoption of the Consent Agenda approved an encroachment agreement for Charles Hiner for signature by the Mayor. APPROVE ENCROACHMENT AGREEMENT FOR DECK (a, 15733 FENWAY AVENUE NORTH (O'HARA) Ryan and Kelly O'Hara made application for an Encroachment Agreement to locate a deck within a drainage and utility easement on their property at 15733 Fenway Avenue North (Creekview Preserve 3rd Addition). The deck footings would encroach approximately 12 feet into the easement. Adoption of the Consent Agenda approved an encroachment agreement for Ryan and Kelly O'Hara for signature by the Mayor. APPROVE AGREEMENT FOR CONTINUING SERVICES (SPRINGSTED INC.) The Securities and Exchange Commission (SEC) created regulations for continuing disclosure of pertinent information relating to the issuance of municipal debt. A municipality is exempt from continuing disclosure requirements if its outstanding bonds total less than $10 million dollars. The City Council meeting of May 17, 2004 Page 5 upcoming issuance of the $2.56 million G.O. capital improvement bond for the new public works facility pushes the City over the $10 million dollar threshold. The City must now comply with these stringent requirements, including the preparation of an annual Official Statement. The consequences of noncompliance can be severe. The finance department recommends that the City's financial advisor, Springsted, Inc. be engaged to prepare and disseminate the required continuing disclosure material. The up -front cost is $250 plus $200 annually for each debt obligation outstanding. Adoption of the Consent Agenda approved the agreement with Springsted, Inc. for continuing disclosure services. APPROVE RESOLUTIONS REQUESTING MNDOT TO CONDUCT SPEED STUDIES At its May 3, 2004 meeting, Council directed staff to prepare appropriate resolutions to enable the City to request that MnDOT complete speed studies on two separate segments of Elmcrest Avenue. The first segment is south of CR8 between 129' Street and Jardin Avenue. The second segment is from CR8 north to County Road 4. The speed limit for both segments is currently 55 mph. If the resolutions are approved, staff will forward the requests to MnDOT. It should be noted that it typically takes 4-6 months for MnDOT to complete the speed study and return with a recommendation. Adoption of the Consent Agenda adopted Resolutions 2004-29 and 2004-30 for submittal to MnDOT to conduct speed studies on Elmcrest Avenue, north and south of CR8. APPROVE LEASE AGREEMENT W/T-MOBILE FOR SPACE ON WATER TOWER City staff was approached recently by T -Mobile Cellular Telephone Company, who wished to lease space on the City's new 1.5 million gallon water tower. T -Mobile needs to improve its coverage in the Hugo area and needs the specific location of the water tower to strengthen its grid work of cellular dishes in the area. City staff prepared the draft lease with a significant number of revisions recommended by the City Attorney. As Council is aware, construction of the new water tower included the plan to lease space to cellular telephone companies. City staff negotiated a rate of $1,300/month from T -Mobile for a contract period of five years. Council member Haas requested separate discussion of this agenda item, and Deborah Weis, agent representative for T -Mobile, answered Council questions regarding the request. Haas made motion, Petryk seconded, to approve the lease agreement with T -Mobile Cellular Telephone Company to lease space on the City's 1.5 million gallon water tower. All aye. Motion Carried. APPROVE PROPOSED REVISION TO PW FACILITY PARKING LOT PLAN At its May 3, 2004 meeting, Council tabled action on the revised parking lot plan to allow City staff an opportunity to meet with the PW Building Committee to work out a better layout and design for the parking lot. On May 10, 2004, the committee met, along with the City architect, and was successful in making suggestions that would provide for an increase of 40 parking lot spaces to the original design to allow more parking for the community room. The PW Building Committee recommended Council direct staff to work with the landscape architect, Laurie McRostie, as well as Stevens Engineering, civil engineer on the project, to provide for an increased parking lot capacity to 60. This direction will allow Stevens Engineering to provide for engineering plans, which would then project it out on a per-unit basis City Council meeting of May 17, 2004 Page 6 from an original cost of $1,000/parking stall to $800 per stall. Staff would bring that number back to the Council's regular meeting on June 7, 2004. Council member Chuck Haas requested further discussion of this matter with Council and committee member Mike Granger explained the process used to determine the change in parking lot size. Haas made motion, Petryk seconded, directing staff to work with landscape architect, Laurie McRostie, as well as Stevens Engineering, civil engineer on the project, to provide for an increased parking lot capacity to 60 for the public works community room All aye. Motion Carried. APPROVE STRONG BEER LICENSE FOR NORTH STAR GAY RODEO (a, WOODLOCH STABLES The North Star Gay Rodeo made application to the City for a strong beer license to sell beer at its annual gay rodeo on July 3 & 4, 2004. City staff reviewed the application and found it to be satisfactorily complete, along with the submitted liquor liability insurance coverage. Council member Haas requested that the rodeo representative, Doug Wahlin, provide the City with a list of charitable recipients receiving donations from rodeo profits. Haas made motion, Granger seconded, to approve the strong beer license for the North Star Gay Rodeo to sell beer at Woodloch Stables on July 3 & 4, 2004. Rodeo representative shall provide the City with a list of past year's recipients of charitable donations. All aye. Motion Carried. APPROVE ADDITIONAL SERVICES AUTHORIZATION FOR LANDFORM FOR DOWNTOWN OPEN HOUSE The City Council previously authorized Landform to proceed with an open house for the Downtown Plan. The additional services authorization reflects the addition of that meeting to the base contract. The open house was held on May I& from 5:00 p.m. -9:00 p.m. Council member Haas requested further discussion of this request. Haas stated that he plan did not provide enough information on roads or transportation. Mayor Miron responded that land use would determine the location of roads, and that at this time, the plan is still a concept. Haas made motion, Petryk seconded, to approve the additional services authorization for Landform for downtown open house held on May 10, 2004. All aye. Motion Carried. 2004 GRAVELING CONTRACT On May 7, 2004, Public Works Director Chris Petree and Senior Engineering Technician Scott Anderson opened the bids for the City's 2004 graveling contract. The City received two bids for the 2004 graveling contract. Forest Lake Contracting, Inc. was the low bidder at $6.84/ton and a total City Council meeting of May 17, 2004 Page 7 estimated project cost of $81,662.76. Staff budgeted $105,000 for street materials in 2004, and fits within the parameters of the budgeted amount. Granger made motion, Haas seconded, to award the 2004 graveling contract to Forest Lake Contract, Inc. with a low bid of $6.84/ton. All aye. Motion Carried. 2004 SEAL COATING CONTRACT On May 7, 2004, Public Works Director Chris Petree and Senior Engineering Technician Scott Anderson opened the bids for the City's 2004 seal coating contracts. Three bids were received and all included the 5% bid bond and met the necessary specifications. The low bidder was Pearson Bros., Inc. with a low bid of $77,701.50. Staff estimated a total project cost of $92,549.00 from the street maintenance fund in 2004. Granger made motion, Petryk seconded, to award the annual seal coating contract to Pearson Bros., Inc. at an estimated total project cost of $77,701.50. All aye. Motion Carried. 2004 CRACK FILLING CONTRACT On May 7, 2004, Public Works Director Chris Petree and Senior Engineering Technician Scott Anderson opened the bids for the City's 2004 crack filling contract. Two bids were received for the work to be completed in the City of Hugo. The bids include: mechanically routing out all cracks, use compressed air and heat lances to clean cracks and apply a MNDOT approved hot -pour rubberized crack sealant. The low bidder was Allied Blacktop with a price of $1.18/lb installed and a total estimated project cost of $2,970. Quantity estimates differ from the two bidders and staff recommends Council award the annual crack filling contract to the contractor with the lowest price per pound. Staff will work closely with the contractor to ensure the correct quantities of hot -pour rubberized sealant are applied. Staff estimated a total project cost of $8,000-$10,000 from the street maintenance fund in 2004. Petryk made motion, Haas seconded, to award the annual crack filling project to Allied Blacktop at an estimated project cost of $2,970. All aye. Motion Carried. PARKS PROJECTS FINANCING AND COMMUNITY GYMNASIUM IN NEW ELEMENTARY SCHOOL At its April 19, 2004 meeting, Council discussed the proposed community gymnasium concept plan for the new elementary school in Hugo. Council directed staff to prepare a list of park projects and projected revenues of park dedication funds, including the park dedication balance. Finance director Ron Otkin worked with PW Director Chris Petree to prepare a list of current and future projects, including a matrix of the proposed collection of parkland dedication fees on a number of residential City Council meeting of May 17, 2004 Page 8 subdivisions. City Administrator Mike Ericson provided Council with different views of the proposed school, as well as the new location of the community facility to be located in the northwest corner of the facility. Council member Granger confirmed that this is not a "done deal" and emphasized the City's need to have financing in order for the project. Miron made motion, Haas seconded, directing staff to continue to work on the project and develop partners for financing and notify the WBL school district to include the community gymnasium and fitness center in the plans for the new elementary school. All aye. Motion Carried. Council member Petryk agreed to continue her work on the Design Team and keep the Council updated on its progress. Miron made motion, Granger seconded, directing staff to make contact with the school district expressing the City's interest in continued involvement in the project as it relates to financing and consider creation of a committee to investigate possible donors for the complex. All aye. Motion Carried. APPROVE RFP FOR COMPENSATION CLASSIFICATION STUDY At its January 12, 2004 goal setting session, Council identified this as one of its top ten goals. At its March 15, 2004 meeting, Council accepted staffs draft Request for Proposal (RFP) and authorized staff to solicit RFP's from qualified firms. Staff mailed out RFP's to eleven firms and received proposals from four firms. Staff completed its extensive review of the proposals and found two firms, who have submitted full and complete proposals. This matter was tabled at the Council meeting of May 3, 2004 where proposals from Springsted Inc and Public Sector Personnel Consultants were distributed. Staff recommended Council select one of the following options: 1) do nothing; 2) select a firm, and 3) interview the two firms. After discussion of the proposals, Council agreed to not expend $6,000 for the study and requested that an employee salary comparison be made with cities of similar population. Miron made motion, Puleo seconded, directing a City intern to obtain the salary comparison and that a Council workshop be scheduled to discuss the findings. Granger made motion, Miron seconded, amending the previous motion requesting Springsted Inc, be solicited to conduct the salary comparison. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. 132ND STREET IMPROVEMENT PROJECT (ACCEPT FEASIBILITY REPORT AND SET PUBLIC HEARING DATE) The City Council authorized preparation of a Feasibility Report for the 132nd Street Improvement project on November 3, 2003. City staff completed a draft feasibility study and discussed the proposed project City Council meeting of May 17, 2004 Page 9 with residents at a neighborhood meeting held on April 27, 2004. Based on feedback from residents at the meeting, City staff completed the feasibility study provided to Council in its packet. The next step in the process is for Council to schedule a public hearing for the project to be held at the regular Council meeting on June 21, 2004. In order to accomplish this, Council must adopt a resolution accepting the feasibility report and scheduling a public hearing date. City Engineer Jay Kennedy provided a brief update to the City Council at the meeting. Council discussed the following issues relating to the project: green acres; indirect costs related to project; agriculture preserve; speed on road after blacktopping; bike path; assessing comer lots; and City's financial participation in 1990 road improvement. Puleo made motion, Haas seconded, to adopt RESOLUTION 2004-31 RECEIVING THE FEASIBILITY STUDY FOR THE 132ND STREET IMPROVEMENTS AND CALLIGN FOR A PUBLIC HEARING ON IMPROVEMENTS. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE PUD, REZONING AND PRELIMINARY PLAT FOR WATER'S EDGE SOUTH (PULTE HOMES) At its April 27'h meeting, the Planning Commission recommended approval of this request, but encouraged the applicant to meet again with the neighbors to try to identify additional landscaping opportunities on the west boundary of the site. The applicant met with neighbors on May I& and agreed to place a fence along the west property line to deter resident access to neighboring horse pastures. The applicant requested approval of a rezoning to PUD, PUD general plan and preliminary plat to allow development of 534 townhome units on a 119.57 -acre property guided medium density residential. The development includes a mix of three townhome designs, construction of a landscaped parkway, construction of the regional water feature, dedication of three potential city well sites and construction of a private pool/community building. City Planner Kendra Lindahl provided a PowerPoint presentation outlining a thorough history of the project. Mayor Miron took comment from five residents, who live on Everton, west of the proposed development: Mike Happ; Arnie Triemert; John Udstuen; Steve Rossini; and Laura Sering. Their questions or concerns were addressed by staff and Todd Baumgartner from Pulte Homes. Mr. Rossini submitted a letter opposing the project. Council directed staff to address use of Everton Avenue as a temporary access into the residential subdivision. Puleo made motion, Petryk seconded, to adopt ORDINANCE 2004-391 AMENDING CHAPTER 320 TO RECLASSIFY CERTAIN LAND FROM FUTURE URBAN RESERVE TO PUD WITH RESPECT TO THE 119.57 -ACRE PARCEL FOR WATERS EDGE SOUTH. VOTING AYE: Granger, Petryk, Puleo, Miron VOTING NAY: Chuck Haas Motion Carried. Miron made motion, Petryk seconded, to adopt RESOLUTION 2004-32 APPROVING FINDINGS OF FACT FOR REZONING FOR WATERS EDGE SOUTH. VOTING AYE: Granger, Petryk, Puleo, Miron City Council meeting of May 17, 2004 Page 10 VOTING NAY: Chuck Haas Motion Carried. Miron made motion, Puleo seconded, to adopt RESOLUTION 2004-33 APPROVING A PUD FOR WATERS EDGE SOUTH. VOTING AYE: Granger, Petryk, Puleo, Miron VOTING NAY: Chuck Haas Motion Carried. ' Puleo made motion, Granger seconded, to adopt RESOLUTION 2004-34 APPROVING PRELIMINARY PLAT FOR WATERS EDGE SOUTH. VOTING AYE: Granger, Petryk, Puleo, Miron VOTING NAY: Chuck Haas Motion Carried. ND UPDATE ON TRACKNG CITY ISSUES MEETING HELD ON MAY 11, 2004 CITY ADMINISTRATOR PERFORMANCE REVIEW NORTHERN LAKES 30KI10-MILE RASE ON MAY 29.2004 Because of the lateness of the hour, these matters will be addressed at the City Council's special meeting of Monday, May 24, 2004 at 7:00 pm. RECESS Miron made motion, Granger seconded, to recess tonight's meeting at 10:00 pm until Monday, May 24, 2004 at 7:00 pm when the Council is meeting in a workshop to discuss tax abatement for financing the CSAH 8/14 project. All aye. Motion Carried. ;7X a MaryCreager City rk