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HomeMy WebLinkAbout2004.09.20 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF SEPTEMBER 20, 2004 Mayor Fran Miron called the meeting to order at 7:10 pm. PRESENT: Granger, Petryk, Puleo, Miron City Administrator Michael Ericson; CD Director Bryan Bear•, City Attorney Dave Snyder; City Engineer Jay Kennedy; PW Director Chris Petree; Finance Director Ron Otkin, Fire Chief Jim Compton; and City Clerk Mary Ann Creager ABSENT: Chuck Haas U.S. Congressman Mark Kennedy led the Council and audience in the Pledge of Allegiance. APPROVE CITY COUNCIL MINUTES FOR BUDGET WORKSHOP OF 08/27/04 Petryk made motion, Granger seconded, to approve the budget workshop minutes for the August 27, 2004 as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF SEPTEMBER 7, 2004 Granger made motion, Petryk seconded, to approve the minutes for the September 7, 2004 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add F.5 - Matt Dean, Candidate for District 52B Representative Delete I.1— Review Rice Lake Park Feasibility Study Miron made motion, Puleo seconded, to accept the agenda for September 20, 2004 as amended. All aye. Motion Carried. FEMA GRANT (U.S. CONGRESSMAN MARK KENNEDY) Earlier this year, Council authorized the HFD to make application to FEMA for a fire training grant. Staff received notification from FEMA, through U.S. Congressman Mark Kennedy, that the City of Hugo's grant application has been successful. Congressman Kennedy, along with District 51 B representative Ray Vandeveer, and Washington County Commissioner Dennis Hegberg, was at the City Council meeting to present the HFD and Hugo City Council with a check in the amount of $117,000, which will be used to purchase new air supply tanks to replace the very old and out-of-date equipment the department now used. Mayor Fran Miron and Fire Chief Jim Compton accepted the grant on behalf of the Council and the department, and a photograph of the presentation will be included in the next City Newsletter. City Council meeting of September 20, 2004 Page 2 EMERGENCY MEDICAL TRAINING (EMT) CERTIFICATES (HFI) FIREFIGHTERS) Upon the satisfactory completion of the EMT training, and with the recommendation of Fire Chief Jim Compton, Jim presented EMT Training Certificates to six Hugo firefighters, who have successfully completed EMT training: Pat Dunn; Tony Bronk; Mark Koll; Todd Jones; Tim Lorinser; and Don Wolkerstorfer. Mayor Fran Miron publicly recognized and thanked each of the firefighters and their successful EMT training. MAHTOMEDI SCHOOL DISTRICT #832 OPERATING LEVY (MARK WOLAK) Superintendent Mark Wolak requested an opportunity to address Council seeking its support for ISD 832's referendum for a $1 million operating levy. Yes For Kids Committee is a grassroots organization, which is promoting the referendum, and the group is seeking public support for the levy. Superintendent Wolak provided a Power Point presentation outlining the school district's budget and finances. Mayor Miron offered the City's cooperation in getting information out to City residents living in the Mahtomedi school district. APPOINTMENT OF EDA COMMISSIONERS At its specially -called meeting on Monday, September 13, 2004, Council interviewed 11 of the 13 applicants for the EDA commissioner positions. Two applicants withdrew the day of the interviews. After discussion, Council publicly announced the following as the five citizen -at -large members of the EDA: Jim Bever; Phil Kline; Theresa Charpentier; Nick Skarich; and Janice Arcand. Granger made motion, Puleo seconded, appointing Jim Bever; Phil Kline; Theresa Charpentier; Nick Skarich; and Janice Arcand as citizen -at -large members of the EDA. DISTRICT 52B CANDIDATE MATT DEAN Mr. Dean presented himself to the Mayor and Council expressing his desire to work for the City should he be elected as District 52B representative. CONSENT AGENDA Miron made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve Encroachment Agreement for Deck at 5425 134"' Street North (Mark Sianko) Approve Final Plat and Development Agreement for Heritage Ponds Approve Minor Subdivision for Pipeline Tract (Pulte Homes) Approve Denial of Variances for Three Driveways in Oneka Ponds (Graphic Homes) Approve Reduction in Letter of Credit for Beaver Ponds South All aye. Motion Carried. City Council meeting of September 20, 2004 Page 3 GENERAL CLAIMS Adoption of the Consent Agenda approved the claims roster for September 20, 2004 as presented. APPROVE ENCROACHMENT AGREEMENT FOR A DECK AT 5425 134`b STREET NORTH SI( ANKO) Mark Sianko, 5425 134d' Street North, applied for an encroachment agreement to construct a deck approximately eight feet into the drainage and utility easement located behind his home. The property is located in Country Ponds. Adoption of the Consent Agenda approved the encroachment agreement for Mark Sianko at 5425 134d' Street. APPROVE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR HERITAGE PONDS Pratt Investments and Centex Homes are requesting final plat approval for the first phase of development in Heritage Ponds (former Powers/Neeser properties). The final plat is for the southern poFtion of the site and includes 88 single family homes and 82 townhomes. The remainder of the 333 homes approved for this project would be constructed in the 2nd phase of development. The initial development phase, including paving Elmcrest Avenue and construction of Heritage Parkway, will provide access to the school site. Adoption of the Consent Agenda adopted Resolution 2004-69 approving the final plat and Development Agreement for Heritage Ponds. APPROVE MINOR SUBDIVISION FOR PIPELINE TRACT (PULTE HOMES) Pulte Homes of Minnesota Corporation requested approval of a minor subdivision to split the 50 -foot wide Xcel Energy pipeline property that runs through the Waters Edge South site. The property within the subdivision would be incorporated into the Water's Edge South plat and easements would be provided. The minor subdivision is consistent with the Water's Edge South preliminary approvals. The Planning Commission voted unanimously to recommend approval. Adoption of the Consent Agenda adopted Resolution 2004-70 approving the minor subdivision request from Pulte Homes. APPROVE DENIAL OF VARIANCES FOR THREE DRIVEWAYS IN ONEKA PONDS (GRAPHIC HOMES) Graphic Homes has applied for variances for three driveways located at 15360, 15340, and 15352 Goodview Trail North, legally described as lots 6, 7, and 8, of the Oneka Ponds Development. The driveways have already been constructed at a width of 32 feet. Hugo City Code limits the widths of driveways to 24 feet at the curb. Adoption of the Consent Agenda adopted Resolution 2004-71 denying the variances as requested by Graphic Homes and approves the Findings of Fact denying the request. APPROVE REDUCTION IN LETTER OF CREDIT FOR BEAVER PONDS SOUTH Beaver Ponds South Investments, developer, requested the City reduce the letter of credit being held for the newly constructed public improvements in the Beaver Ponds South development. The City would continue to hold a Letter of Credit in the amount equal to 125% of the cost of the work remaining to City Council meeting of September 20, 2004 Page 4 complete the improvements, or $540,323.58 for the public improvements. Adoption of the Consent Agenda approved the reduction in the letter of credit for Beaver Ponds South. APPROVE REDUCTION IN LETTER OF CREDIT FOR DIAMOND POINT WEST, PHASE I Emmerich Development Corporation, developer, requested the City reduce the letter of credit being held for the newly constructed public and private improvements in the Diamond Point West Phase I. The City would continue to hold a Letter of Credit in the amount equal to 25% of the original cost of the work remaining to complete the improvements, or $60,000.00 for the improvements. Council member Mike Granger expressed concern with the status of improvements that are to be made to Goodview Avenue. City Engineer Jay Kennedy stated that improvements will be made by the developer with a start date of December 2004. Grading is being done at Diamond Point East and will provide fill for the peat that will needs to be removed from Goodview Avenue for improvements. CD Director Bryan Bear stated that the development agreement for Diamond Point East controls issuance of certificates of occupancy. Miron made motion, Petryk seconded, directing staff to obtain a letter from the developer outlining timelines for the improvement of Goodview Avenue. All aye. Motion Carried. Miron made motion, Granger seconded, to approve reduction in the letter of credit for Diamond Point West, Phase 1. All aye. Motion Carried. APPROVE REDUCTION IN LETTER OF CREDIT FOR DIAMOND POINT WEST, PHASE II Emmerich Development Corporation, developer, requested the City reduce the letter of credit being held for the newly constructed public and private improvements in the Diamond Point West Phase II. The City would continue to hold a Letter of Credit in the amount equal to 25% of the original cost of the work remaining to complete the improvements, or $203,750.00 for the improvements. Granger made motion, Puleo seconded, to approve reduction in the letter of credit for Diamond Point West, Phase II. All aye. Motion Carried. APPROVE REQUEST FOR EXTENDED WORK HOURS (HERITAGE PONDS) On behalf of Pratt Investment and Centex Homes, Westwood Professional Services has requested that Council extend the permissible working hours for the Heritage Ponds development for the Saturday morning hours only. They are requesting a change from the permitted 8:00 am start and 5:00 pm ending time to a start time of 7:00 am and an ending time of 7:00 pm. Council member Puleo questioned the reasoning behind the request. City Engineer Jay Kennedy stated the developer would like to get paving done while weather permits. Paving now would eliminate impassable roads in the spring. City Council meeting of September 20, 2004 Page 5 Puleo made motion, Petryk seconded, to approve a Saturday start time of 7:00 am and an ending time of 7:00 pm for the Heritage Ponds development until December 20, 2004. At that time, work hours will revert to normal allowable hours. The City retains the right to revoke this change in work hours at any time, per City Attorney Dave Snyder. All aye. Motion Carried. APPROVE REQUEST FOR EXTENDED WORK HOURS (WATER'S EDGE NORTH) Enebak Construction Company requested that Council extend the permissible working hours for the Water's Edge North development for the Saturday morning hours only. They are requesting a change from the permitted 8:00 am Saturday starting time to a start time of 7:00 am. Puleo made motion, Petryk seconded, to approve a Saturday start time at 7:00 am for the Water's Edge North development until December 20, 2004. At that time, work hours will revert to normal allowable hours. The City retains the right to revoke this change in work hours at any time, per City Attorney Dave Snyder. All aye. Motion Carried. VACATION OF DRAINAGE & UTILITY EASEMENT FOR VICTOR GARDENS SOUTH VILLAGE A public hearing was scheduled to consider the application of POA/Scherer for vacation of drainage easements located on Outlot A, Victor Gardens Second Addition. The property is being platted as Victor Gardens South Village. As part of the plat, new easements will be created. Mayor Miron opened the public hearing and no written comments were filed. Arnie Triemert stated his concern with possible drainage problems and was told he could come to the City with any drainage concerns. Mayor Miron closed the public hearing. Granger made motion, Miron seconded, to approve the notice to vacate the drainage easements located on property described as Outlot A, Victor Gardens Second Addition. All aye. Motion Carried. PELOQUIN INDUSTRIAL PARK P.I. PROJECT ASSESSMENT HEARING At its August 16, 2004 meeting, Council adopted a resolution declaring the cost to be assessed and ordering the preparation of the proposed assessments for the Peloquin Industrial Park Public Improvement Project. Council scheduled a public hearing to be held on Monday, September 20, 2004 on or after 7:00 pm. The purpose of the assessment hearing is to provide an opportunity for property owners to consider the proposed assessment and to hear public comment and/or written comment on the proposed assessment. CD Director Bryan Bear provided a Power Point presentation outlining a historical narrative of this project. Mayor Fran Miron opened the public hearing at 8:30 pm and City Clerk Mary Ann Creager noted the four written objections to assessments submitted by property owners Atkinson, Glamos, Riermann, and Maciej. City Council meeting of September 20, 2004 Page 6 Fred Dewall, partner in Oneka Properties, stated that he accepted the proposed assessment. Paul Zisla, attorney for the Glamos family and Dean and Ruby Atkinson, stated that it was their opinion that the proposed assessments exceeded the benefit to the property. Dean Thompson, attorney for Fred Riermann and Richard Maciej, also felt his clients' assessment exceed the benefit to their property. Mr. Thompson stated that Riermann has recently sold property and the sale prices have been lower than market valuation set by the local assessor. He stated that he would like to meet with City staff to go over facts. Mayor Miron closed the public hearing at 8:40 pm. Finance Director Ron Otkin reviewed appraisal figures with Council. City Attorney Dave Snyder stated that there is a 30 -day window to discuss the proposed assessments before legal action is taken. Although attorneys for property owners desired to meet regarding the appraisal numbers, Mayor Miron did not feel that a reputable appraiser would change his numbers. Council members Granger and Puleo felt that an additional meeting "might" be worthwhile to possibly avoid litigation. Miron made motion, Petryk seconded, to adopt RESOLUTION 2004-72 ADOPTING ASSESSMENTS FOR THE PELOQUIN INDUSTRIAL PARK AND HIGHWAY 61 P.I. PROJECT FOR ALL PARCELS EXCEPT THOSE FOUR PROPERTIES WHO HAVE FILED AN OBJECTION ASSESSMENT APPEAL. A continued assessment hearing is hereby scheduled for October 8, 2004 at 9:00 am. VOTING AYE: Granger, Petryk, Puleo, Miron Motion Carried. APPROVE CREEKVIEW PRESERVE PARK At its August 2, 2004 meeting, Council accepted staffs recommendation to secure Outlot A, 2"d Addition from developer Dennis Backes, in the Creekview Preserve subdivision. At its August 10, 2004 meeting, the Parks Commission recommended that Council authorize staff to proceed with the acquisition of Outlot A, 2"d Addition and to further explore the improvements of the lot, which would include fill, preservation of wetlands, and installation of playground equipment. At its meeting of September 8, 2004, the Parks Commission considered the development of the outlot and requested authorization from Council to include its development in the 2005 parks budget. The cost estimate for development of the park is $110,000. Public Works Director Chris Petree provided Council with a brief presentation on the proposed park. Miron made motion, Petryk seconded, to accept the Parks Commission recommendation to include the Creekview Preserve Park in their 2005 parks budget and direct staff to begin work to schedule a neighborhood meeting to determine playground equipment to be installed. All aye. Motion Carried. ONEKA LAKE PARK DEDICATION CEREMONY With final completion of the landscaping and turf establishment in the Oneka Lake Park project, City City Council meeting of September 20, 2004 Page 7 staff recommended that Council select a date for a dedication ceremony in order to publicly recognize the completion of the Oneka Lake Park with its playground equipment, picnic shelter, landscaping, and open space. Miron made motion, Granger seconded, to schedule the Oneka Lake Park Dedication ceremony for October 9, 2004, at the park site, and allow staff to determine a time at which to hold the dedication. Staff later determined that 12 noon would be the time. All aye. Motion Carried. APPROVAL OF RAILROAD SPUR AGREEMENT (MINNESOTA COMMERCIAL RAILROAD) City Attorney Dave Snyder completed the revisions to the Railroad Spur Agreement, which would allow the City to partner with Minnesota Commercial Railroad and Schwieter Properties to construct a public railroad spur into Lot 4 of the Bald Eagle Industrial Park. The agreement has been reviewed by the Minnesota Commercial Railroad, Schwieters Properties, and Nor -Lakes, and all parties have concurred. Resident Larry Bartel expressed concern with potential increase in truck traffic, and he was informed that there would more likely be a decrease in Schwieters truck traffic Miron made motion, Granger seconded, to approve in concept the Railroad Agreement, subject to completion of it upon terms satisfactory to the City Council. All aye. Motion Carried. MCES TANK UPDATE After the September 7, 2004 Council meeting, MCES officials began negotiating with Marvin LaValle to locate tanks on his property. CD Director Bryan Bear notified Council that Marvin LaValle is no longer interested in negotiating a lease agreement and will be submitting a site plan for property in the Bald Eagle Industrial Park. Miron made motion, Puleo seconded, directing staff to contact Met Council and request they again review all options available for placement of the tanks and submit their site plan request as soon as possible to the City. All aye. Motion Carried. PARK DEDICATION FUND SUBCOMMITTEE At its September 8, 2004 meeting, the Parks Commission discussed the number of future parks projects and the limited amount of park dedication funds available. Commission members discussed the current fee of $1,800, along with a recommendation to increase it to $2,400 for 2005. Commission members felt it was necessary to form a subcommittee with two Parks Commissioners and two members of the City Council, and City staff, in order to develop a five-year capital improvements program for the Parks and Recreation Department, which better reflects the current needs of the City's parks and recreation department. City Council meeting of September 20, 2004 Page 8 Miron made motion, Granger seconded, to appoint Council members Becky Petryk and Frank Puleo to serve on the park dedication fund subcommittee to develop a five-year CIP for the Parks and Recreation Department and review the recommended increase to the park dedication fee of $1,800. All aye. Motion Carried. APPROVE COOPERATIVE AGREEMENT W/WASHINGTON COUNTY FOR CSAR 8/14 PROJECT At its August 2, 2004 meeting, Council adopted a resolution directing staff to seek authorization from the Washington County Board for a Cooperative Agreement to acquire all necessary right-of-way and ponding easements for the extension of City streets, specifically identified as Oneka Parkway and Fenway Avenue. City staff met with County officials over the past two weeks to draft an agreement, which is acceptable to both the City of Hugo and Washington County. Miron made motion, Petryk seconded, to approve the Cooperative Agreement with Washington County for acquisition of all necessary right-of-way and ponding easements for the CSAH 8/14 project and approve the transfer of 145" Street to the City of Hugo. All aye. Motion Carried. SCHEDULE JOINT MEETING WITH THE RCWD After discussing the proposed Settlement Agreement with the Rice Creek Watershed District for the JD2 culvert replacement project, the RCWD Board of Managers requested that staff schedule a joint meeting to discuss the project and the proposed Settlement Agreement to complete the work. Miron made motion, Granger seconded, to schedule a joint meeting with the RCWD Board of Managers. and Hugo City Council for October 8, 2004 at 12 noon, to discuss the JD2 culvert replacement project and the proposed Settlement Agreement to complete the work. All aye. Motion Carried. SUBMITTAL OF COOPERATIVE AGREEMENT TO MNDOT FOR TRAFFIC SIGNALS (a, 130"" STREET AND TH61 At its September 7, 2004 meeting, Council discussed a request from residents in the Beaver Ponds subdivision for a traffic signal at 130'h Street and TH61. After expressing its support for a signal and a strong concern for safety, Council directed staff to schedule a neighborhood meeting in order for residents to meet with Council and MnDOT officials to discuss the traffic safety concerns at the intersection. City staff is planning to schedule a neighborhood meeting for 130'h Street, 147'' Street, and 170'' Street, as directed by Council, but a deadline for the submittal of cooperative agreements to MnDOT for traffic signal funding may not allow all three neighborhood meetings to take place. Miron made motion, Granger seconded, directing staff to submit the annual request for a Cooperative Agreement funding for a traffic signal at 130'' Street and TH61, and schedule a special neighborhood City Council meeting of September 20, 2004 Page 9 meeting for the Beaver Ponds residents only to discuss the traffic signal. All aye. Motion Carried. ECONOMIC DEVELOPMENT AUTHORITY COUNCIL APPOINTMENTS Mayor Fran Miron recommended the appointment of Councilmember Mike Granger and himself to the newly -formed EDA. As per MN Statute, the full City Council must ratify the Mayor's recommendation. Council members Becky Petryk, Chuck Haas, and Frank Puleo resigned from the EDA. Miron made motion, Granger seconded, to accept the resignations of Becky Petryk, Chuck Haas, and Frank Puleo from the City's Economic Development Authority. All aye. Motion Carried. Petryk made motion, Puleo seconded, to approve the appointment of Council member Mike Granger and Mayor Fran Miron to serve on the EDA. All aye. Motion Carried. EXECUTIVE SESSION ( JAY BROS INC V. RCWD ET AL) Jay Bros. Inc., the contractor to the RCWD, has instituted a lawsuit against several parties, seeking payment for its claimed work on the JD2 culvert project. Jay Bros has named the City of Hugo, seeking a declaration that it release it from traffic control responsibilities. The City's defense will be handled by the League of Minnesota Cities Insurance Trust. City Attorney Dave Snyder will discuss the status of the matter in executive session. ONEKA DEVELOPMENT COMPANY LLC V. CITY OF HUGO The City received a lawsuit from Oneka Development LLC on Wednesday, September 14, 2004. City Attorney Dave Snyder will provide Council with an update. Miron made motion, Granger seconded, directing the City Attorney to communicate in writing, and take direction from the City Administrator on the two lawsuits. All aye. Motion Carried. ADJOURNMENT Granger made motion, Puleo seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Maryeager City C r '