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HomeMy WebLinkAbout2004.08.02 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 2, 2004 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Haas, Granger, Petryk, Puleo, Miron City Administrator Michael Ericson; CD Director Bryan Bear; City Attorney Dave Snyder, City Engineer Jay Kennedy; Public Works Director Chris Petree; Water Resource Engineer Pete Willenbring; Fire Chief Jim Compton; and City Clerk Mary Ann Creager APPROVE CITY COUNCIL MINUTES FOR JULY 19, 2004 Haas made motion, Puleo seconded, to approve the minutes for the City Council meeting of July 19, 2004 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Move G.S with discussion of HA Miron made motion, Haas seconded, to approve the agenda for August 2, 2004 as amended. All aye. Motion Carried. DISCUSSION ON EXPRESS LIBRARY (WASHINGTON COUNTY LIBRARIAN PAT CONLEY AND COUNTY COMMISSIONER DENNIS HEGBERG) Washington County Librarian, Pat Conley, and Washington County Commissioner, Dennis Hegberg, were present to provide a status report on the possibility of including an express library as a part of the new elementary school. The County Library Board has prepared a strategic plan, which includes a library in Hugo by 2009. Ms. Conley stated that Washington County will continue to work with the City in its effort to bring a library into the community. WASHINGTON COUNTY HRS (HOME IMPROVEMENT PROGRAM) CD Director Bryan Bear and City Administrator Mike Ericson met recently with Washington County HRA Director, Barbara Dacey and Kristin DeGrande from the Center for Energy and Environment, regarding county support for a new home improvement program. The Center for Energy and Environment is a non-profit company that works with homeowners, who are interested in upgrading and improving their homes. Kristin presented this worthwhile community program to Council as an opportunity for Hugo residents. Council asked questions and stated that they will make this information available to residents via the City's website and Newsletter. CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Resolution for Appointment of Election Judge Roster City Council meeting of August 2, 2004 Page 2 Approve Denial of Peddler Permit Application from Austin Diversified Products Approve Performance Review & Salary Adjustment for PW Director (Petree) Approve Encroachment Agreement for Construction of a Deck (Bain) Approve CUP for Home Occupation (Palecek/Smilie's Sewer Service) Approve Site Plan for Sarah Londerville/Manomin Resawn Timbers (Peloquin Industrial Park) All aye. Motion Carried. GENERAL CLAIMS Adoption of the Consent Agenda approved the claims roster for August 2, 2004 as presented. APPROVE RESOLUTION FOR APPOINTMENT OF ELECTION JUDGE ROSTER City Clerk Mary Ann Creager presented a draft resolution listing the election judges that will be serving at the primary and general elections this year. Adoption of the Consent Agenda adopted Resolution 2004-56 listing the election judges for the election year 2004. APPROVE DENIAL OF PEDDLER PERMIT APPLICATION FROM AUSTIN DIVERSIFIED Austin Diversified Products has made application to the City for a Peddlers Permit, which would allow them to go door-to-door to sell cleaning products. 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 denial of the Peddlers Permit for Austin Diversified Products, which prohibits them from selling in the City of Hugo. APPROVE PERFORMANCE REVIEW & SALARY ADJUSTMENT FOR PW DIRECTOR (CHRIS PETREE) Chris Petree was hired by the City on July 19, 1999 as the City's new maintenance worker. Chris has worked hard, both in that position and in his leadership position as the City's public works director to establish a public works department and to provide for excellence in the delivery in the public works services in the City. Chris is an extremely conscientious employee, who is both detailed oriented and a hard worker, which is reflected in the hours that he and his department put into the multitude of public works duties in the City. This year, Chris has taken on new responsibilities as staff support for the Parks Commission. In addition, Chris has done an excellent job planning and preparing for the completion of the new Public Works facility. Chris is a leader on the City Hall team, and he has a bright future in the City's public works department. Adoption of the Consent Agenda approved the performance appraisal and salary matrix adjustment for public works director Chris Petree. APPROVE ENCROACHMENT AGREEMENT FOR CONSTRUCTION OF A DECK (BAIN) Lawrence W. Bain, 5365 157h Street North, has applied for an Encroachment Agreement to locate a City Council meeting of August 2, 2004 Page 3 deck within the drainage and utility easement on Lot 4, Block 5, Creekview Preserve. The applicant is requesting to construct a 22' X 34' deck that would encroach approximately 4 feet into the easement. Adoption of the Consent Agenda approved the Encroachment Agreement for Lawrence W. Bain to construct a deck at 5365 157"' Street. APPROVE CUP FOR HOME OCCUPATION (PALECEK) John and Marie Palecek, 12506 Irish Avenue North, have applied for a Conditional Use Permit to operate a home occupation business out of a 1,350_square foot accessory building. The applicant currently runs a business on the site called Smilie's Sewer Service. The applicant is requesting a Conditional Use Permit to allow an accessory building to be used for the storage of portable toilets the applicant leases out as part of his business. Adoption of the Consent Agenda adopted Resolution 2004- 57 approving the Conditional Use Permit for 12506 Irish Avenue North. APPROVE SITE PLAN FOR MANOMIN RESAWN TIMBERS FOR PROPERTY LOCATED IN THE PELOOUIN INDUSTRIAL PARK. Sarah Londerville from Manomin Resawn Timbers has applied for site plan approval for an existing building located in the Peloquin Industrial Park at 15152 Freeland Avenue North. Manomin Resawn Timbers is currently located in Forest Lake and would like to move the business to the Industrial Park. Improvements include installation of fencing, drainage swale, paving, and seeding of the remaining site. Adoption of the Consent Agenda adopted Resolution 2004-58 approving the site plan for Manomin Resawn Timbers for an existing building at 15152 Freeland Avenue North. APPROVE CUP FOR CONSTRUCTION OF A WINDMILL GENERATOR (JOHNSON) Greg Johnson, 7310 132nd Street North, applied for a conditional use permit to allow for the construction of a 100 -foot high wind -powered generator. The generator consists of an 80 -foot high metal lattice tower, a 4 -foot alternator, and 3 blades, each measuring 15 feet long. The structure is located near the center of a 21.5 acre tract of land, and will be approximately 350 feet from an adjacent property line. The Planning Commission considered this application at a public hearing and heard from one neighboring property owner, who had concerns about the appearance of the structure. The Commission concluded that the structure complied with the requirements outlined in the Land Use Regulations, and unanimously recommended approval of the application with the understanding that the structure will be painted gray. This matter was considered and tabled at the Council meeting of July 19, 2004, as the applicant was not present. Remaining issues to be discussed include whether to design the tower as a monopole; whether design modifications can be made to reduce the number of birds that may fly into the tower; federal or state regulations regarding wind powered generators; and whether ordinance revisions are necessary to reflect the Council's current views on wind -powered generators. Sean Young, representing Innovative Power Systems, was present to explain the generator and answer Council questions related to protection of birds and style of poles. Haas made motion, Miron seconded, to adopt RESOLUTION 2004-59 APPROVING A CUP FOR A WIND POWERED GENERATOR AT 7310 132ND STREET. Granger made motion, Haas seconded, that the wind generator be maintained in good repair and allow City Council meeting of August 2, 2004 Page 4 emergency personnel immediate access should equipment exceed allowed decibels. Property owner shall keep on record at Hugo City Hall alternate phone numbers where someone can be contacted should the City receive complaints about the tower. Vote on Amendment: All aye. Motion Carried. Vote on Original Motion: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Miron made motion, Haas seconded, directing staff to consider amending the City's ordinance to require a monopole for construction of windmill generators. All aye. Motion Carried. UPDATE ON WEST ONEKA LAKE PHASE III PROJECT (PETE WILLENBRING OF WSB) Water Resource Engineer Pete Willenbring from WSB Engineers presented Council with an update on the proposed Phase III of the West Oneka Lake project. As Council is aware, WSB met recently with the property owner on the west side of TH61, who was not supportive of the construction of a storm water pipe under TH61. Pete also discussed the outcome of the June 22, 2004 neighborhood meeting on the proposed project and provided Council with a project recommendation that is consistent with the input received from landowners. Miron made motion, Puleo seconded, directing City staff to hold another meeting with landowners to explain the project, as well as options for payment (voluntary assessments or direct payment) and proceed with the project upon quotes for the work. All aye. Motion Carried. REQUEST FOR PAYMENT FROM SEH ENGINEERING (PELOQUIN INDUSTRIAL PARK) At the March 1, 2004 City Council meeting, the claims roster included an invoice from SEH for construction services related to the Peloquin Industrial Park utility and street improvement project in the amount of $8,474.57. The claims roster was approved subject to the removal of this invoice. Since that time, five additional invoices have been submitted by S.E.H. for this project. The total of all unpaid claims is now $16,566.68. After consultation with the City Attorney, staff recommended that these invoices be approved for payment. Granger made motion, Haas seconded, to approve payment of the SEH invoices for work completed on the Peloquin Industrial Park project. All aye. Motion Carried. CSAH 8/14 AND ONEKA PARKWAY RIGHT-OF-WAY ACQUISITION BY WASHINGTON COUNTY Last month, the Washington County staff indicated that the County was not intending to acquire right of City Council meeting of August 2, 2004 Page 5 way related to the construction of Oneka Parkway with the CSAH 8/14 project. So far, the County has only expressed an interest in acquiring right-of-way and easements that are directly related to the construction of CSAH 8. Since the construction of Oneka Parkway will tentatively occur at the same time as CSAH 8, and the City and County will share some ponding easements that will serve both projects, the City has been encouraging the County to acquire right-of-way and easements for both projects at the same time. Mayor Fran Miron and County Commissioner Dennis Hegberg have discussed this issue, and the Mayor provided Council with an update stating that it was important that the City and County not duplicate efforts. City staff sought direction from Council on how to proceed with right-of-way acquisition for Oneka Parkway, and whether there are other sections of right-of-way, such as an extension of Fenway Avenue, that should be acquired at the same time. Miron made motion, Granger seconded, to adopt RESOLUTION 2004-60 RELATING TO ACQUISTION OF NECESSARY RIGHT-OF-WAY AND EASEMENTS IN CONNECTION WITH THE CSAH 8/14 IMPROVEMENT PROJECT. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY STUDY (CSAH 8/0NEKA PARKWAY) At the regular meeting of July 19, 2004, the City Council approved a proposal from City Engineer Jay Kennedy and WSB & Associates for the completion of a Feasibility Study for the County Road 8 and Oneka Parkway Improvements. Consistent with State Statute 429, the City Council needs to adopt a Resolution ordering the feasibility report. Because the extension of Fenway Avenue will be included in this resolution: Miron made motion, Puleo seconded, to table adoption of this resolution to allow staff time to include the extension of Fenway Avenue in the feasibility study. All aye. Motion Carried. UPDATE ON NEW PUBLIC WORKS FACILITY Public Works Director Chris Petree provided a Power Point presentation updating Council on the progress of the new public works facility. The project construction schedule is on time and under budget. JD2 CULVERT UPDATE The Rice Creek Watershed District requested that the City prepare to assume traffic control at the 157th and 165th street culvert locations concurrent with a contemplated termination of the Jay Bros. contract, and pending further arrangements to complete the work on the two culverts. City Attorney Dave Snyder reviewed this matter with Council. Council requested an update on this matter on the next agenda. City Council meeting of August 2, 2004 Page 6 Haas made motion, Miron seconded, declining the RCWD's request that the City assume traffic control at 157d/ I 65'h Streets culvert locations but offer the City's direct assistance to continue to work with the Board in an effort to find a resolution to the problem. All aye. Motion Carried. APPROVE PLANS AND SPECS AND AUTHORIZE AD FOR BIDS (132ND STREET PAVING PROJECT) At the regular meeting of June 21, 2004, the City Council Ordered the 132°d Street paving project. The project involves paving 132n6 Street between Goodview Avenue and Henna Avenue. City engineering consultant WSB & Associates has completed the project plans and specifications, and is prepared to move forward and accept bids from contractors. Consistent with State Statute 429, the City Council needs to adopt a Resolution Approving the Plans and Specifications, and Ordering an Advertisement for Bids. Haas made motion, Petryk seconded, to adopt RESOLUTION 2004-61 APPROVING PLANS AND SPECS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 132ND STREET IMPROVEMENT PROJECT. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. CSAH 8NICTOR HUGO BOULEVARD INTERIM TRAFFIC IMPROVEMENTS On July 27, 2004 Mayor Fran Miron, Councilmember Becky Petryk, and CD Director Bryan Bear met with several members of the Victor Gardens Homeowner's Association. The residents expressed concerns about safety at the intersection of CSAH 8 and Victor Hugo Boulevard and the difficulty in making a left -tum out of their neighborhood onto CSAH 8. They felt that some form of interim traffic improvements, such as temporary traffic signals or stop signs, should be installed at the intersection until the CR8 construction project is complete. Since this is a county road, any temporary improvements would have to be approved by Washington County. Staff included a draft letter that could be sent to Washington County requesting the installation of interim traffic improvements. Miron made motion, Petryk seconded, approving the draft letter and authoring to staff forward to forward the signed letter to the Washington County Transportation Dept. All aye. Motion Carried. DISCUSSION OF PROPOSED AMENDMENT TO CITY'S NOISE/NUISANCE ORDINANCE (PLANNING COMMISSION) At the Planning Commission meeting on July 22, 2004, the Commission approved a motion requesting Council to review the City's noise ordinance; specifically, the Commission requested that the ordinance address loud car stereos. The only reference to noise in the City Code in the Nuisance Ordinance states, "All unnecessary noises which tend to disturb the peace and repose of neighboring residents." The City City Council meeting of August 2, 2004 Page 7 Council is charged with enforcing the ordinance; however, there are no enforcement provisions that address the operation of a loud stereo within a vehicle. Council member Becky Petryk felt the amendment was a good idea, as she had personally been approached by constituents regarding the same problem. After much discussion: Miron made motion, Petryk seconded, directing staff to provide copies of other community ordinances addressing the same problem to Council and staff for review All aye. Motion Carried. SCHEDULE MID -YEAR BUDGET REVIEW WORKSHOP City staff recommended Council schedule a mid -year budget review workshop. Miron made motion, Petryk seconded, to schedule a mid -year budget review workshop for Friday, August 27, 2004 at 8:30 am. All aye. Motion Carried. FLOODING PROBLEM (BERNIN) Local resident Bruce Bernin mentioned to Council member Haas that the City's property near Oneka Lake has recently been experiencing some flooding resulting in the loss of hundreds of Christmas trees. Mr. Bernin was present to discuss the problem with Council. Miron made motion, Granger seconded, directing Water Resource Engineer Pete Willenbring to work with Mr. Bernin to resolve the flooding problem and report findings to Council. All aye. Motion Carried. VACANCIES ON BROWN'S CREEK WATERSHED DISTRICT City staff received notification from Washington County that there are vacancies on the BCWD. Mayor Fran Miron publicly announced that any and all individuals interested in the vacancies should contact City Hall for an application form. AUGUST 4, 2004 MCES MEETING The Metropolitan Council Environmental Services (MCES) has scheduled a public information meeting for Wednesday, August 4, 2004 at 7:00 p.m. in the Oneka Room to discuss sanitary sewer capacity issues. City staff recommended that Council members plan to attend the meeting. In order to allow a quorum of Council members to attend, staff recommended that Council recess the August 2, 2004 Council meeting until August 4, 2004 at 7:00 p.m., in order to allow attendance at the meeting. Miron made motion, Haas seconded, directing staff to post notice of the meeting and notify the newspapers that the Council will be attending the MCES meeting of August 4, 2004 at 7:00 pm. All aye. Motion Carried. City Council meeting of August 2, 2004 Page 8 AUGUST 10, 2004 COUNTY BOARD WORKSHOP ON ASSESSOR The City received notice that the Washington County Board will be conducting a workshop on Tuesday, August 10, 2004, after its regularly scheduled meeting, to discuss the proposal to implement a countywide Assessor Department. This matter was discussed by Council at its meeting of April 19, 2004, where Council unanimously voted to retain its local control of the assessment system. Miron made motion, Haas seconded, directing staff to be in attendance at this workshop on behalf of the City. All aye. Motion Carried. RECESS Haas made motion, Petryk seconded, to recess tonight's meeting at 10:00 pm until Wednesday, August 4, 2004, at 7:00 pm, to allow Council to attend the MCES public information meeting ensuring future sanitary sewer capacity at Hugo City Hall. All aye. Motion Carried. L Mary eager City Cl