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HomeMy WebLinkAbout2004.10.04 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 4, 2004 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator Michael Ericson; CD Director Bryan Bear; City Attorney Dave Snyder; City Engineer Jay Kennedy; PW Director Chris Petree; City Planner Kendra Lindahl; and City Clerk Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 (EDA Granger made motion, Haas seconded, to approve the minutes for the September 13, 2004 special meeting where interviews were conducted of applicants for EDA, as presented. All aye. Motion Carried. APPROVE MINUTES FOR CITY COUNCIL MEETING OF SEPTEMBER 20.2004 Petryk made motion, Puleo seconded, to approve the minutes for the September 20, 2004 meeting as presented. All aye. Motion Carried. APPROVAL OF AGENDA Remove G.5 and G.7 from the Consent Agenda for discussion. Add M.3 — Discussion of Fenway Boulevard Trees Miron made motion, Haas seconded, to approve the agenda for October 4, 2004 as amended. All aye. Motion Carried. CONSENT AGENDA Puleo made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Final Plat and Development Agreement for Water's Edge South (Pulte Homes) Approve Final Plat and Development Agreement for Victor Gardens 5d Addition (POA/Scherer) Approve Lawful Gambling Permit for MN State High School Rodeo (Dead Broke Saddle Club) Approve Eagle Shores PUD for Change in Garage Sizes Approve Washington County Engineering Plan for 1301h Street and Isleton Avenue Approve Adoption of Resolution Relating to Adopting Data Practices Compliance Approve Award of Bid for Abandonment of Well No. 1 Approve Acceptance of Public Improvements in Eagle Shores Approve WCA Determination for Goodview Avenue Approve WCA Determination for Oneka Elementary School All aye. Motion Carried. City Council meeting of October 4, 2004 Page 2 APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for October 5, 2004 as presented. APPROVE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR WATER'S EDGE SOUTH (PULTE HOMES) Pulte Homes of Minnesota requested approval of a final plat for the first phase of Waters Edge South. This initial phase includes construction of Oneka Parkway, Farnham Avenue and 149th Street, as well as 143 homes and construction of the Community Center. The developer has revised the plans based on the preliminary plat comments to include a landscaped berm with 4 -rail fence along the western property on all upland area. In response to concerns about access onto Everton Avenue, the northern access (Drive C north of 149th Street) has been eliminated. The 149th Street connection is needed to provide both temporary access to the site and a permanent secondary access point to the development. Adoption of the Consent Agenda adopted Resolution 2004-73 approving the final plat and developer's agreement for Waters Edge South. APPROVE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR VICTOR GARDENS 5 ADDITION (POA-SCHERER LLC) POA -Scherer LLC requested approval of a final plat for Victor Gardens 5th Addition. This initial phase includes 33 of the 36 homes approved with the preliminary plat, as well as dedication of Outlot B as a public park. Adoption of the Consent Agenda adopted Resolution 2004-74 approving the final plat and developer's agreement for Victor Gardens 5th Addition. APPROVE LAWFUL GAMBLING PERMIT FOR MN STATE HIGH SCHOOL RODEO (DEAD BROKE SADDLE CLUB) The MN State Rodeo made application to the City for a lawful gambling permit in order to conduct a raffle at the Minnesota State High School Rodeo on June 19, 2005. City staff reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling permit for MN State High School Rodeo in order to conduct a raffle at its June 19, 2005 rodeo. APPROVE EAGLE SHORES PUD FOR CHANGE IN GARAGE SIZE Eagle Shore Custom Homes applied for a PUD Amendment to allow accessory buildings up to 870 square feet in size in the Eagle Shores development. The lots within the subdivision range from approximately % of an acre to 1.1 acres in size, and ordinance limits the size of accessory buildings to 260 square feet for lots under one acre. The applicant requested PUD flexibility to allow accessory buildings to be constructed up to 870 square feet, which is the maximum size allowed for a one acre lot. The Planning Commission held a public hearing on September 23, 2004 the request and recommended approval of a PUD amendment to permit a maximum size of 600 square feet on lots less than one acre. Adoption of the Consent Agenda adopted Resolution 2004-75 approving the PUD Amendment, as recommended by the Planning Commission. City Council meeting of October 4, 2004 Page 3 APPROVE WASHINGTON COUNTY ENGR PLAN FOR 130TH STREET AND ISLETON AVE. Washington County staff had been contacted by several residents in the area of 130'h Street and Isleton Ave., who voiced their concerns regarding the turning movements of vehicles at CSAH 8 / 1301' Street intersection. Washington County has proposed changes to the layout of the existing intersection without any involvement or funding from the City. Adoption of the Consent Agenda approved the intersection changes proposed by Washington County Engineering. APPROVE ADOPTION OF RESOLUTION RELATING TO ADOPTING DATA PRACTICES COMPLIANCE Minnesota State Statute requires the City to appoint a City employee to act as its data practices compliance official, to receive questions regarding problems in obtaining access to public data. Currently, City Attorney Dave Snyder serves in that role. The City Attorney's office provided training to both City Clerk Mary Ann Creager and CD Assistant Michele Lindau on data privacy. Adoption of the Consent Agenda adopted Resolution 2004-76 appointing City Clerk Mary Ann Creager as the data practices compliance official and authorizing her to receive any questions and concerns regarding problems in obtaining public data. APPROVE AWARD OF BID FOR ABANDONMENT OF WELL NO.1 At its June 21, 2004 meeting, Council authorized staff to proceed with the abandonment of well No. 1. The well has not been in use for nearly two years and has surpassed its useful life. The well was originally drilled in 1961 and is capable of producing approximately 400 hundred gallons per minute, whereas the new wells pump more than 1,200 gallons per minute. E.H. Renner & Sons, Inc., drilled the well in 1961, and has provided maintenance and service since that time on all City wells. Their quote for abandoning the well is $8,804.13. Adoption of the Consent Agenda awarded the bid for abandonment of well No. I to E.H. Renner & Sons, Inc., in the amount of $8,804.13. APPROVE ACCEPTANCE OF PUBLIC IMPROVMENTS IN EAGLE SHORES Heritage Development requested the City accept the constructed public improvements for the Eagle Shores development. 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 will hold a Letter of Credit in the amount equal to 25% of the total cost of the public improvements, or $103,750.00, during the one-year warranty period. Adoption of the Consent Agenda accepted the public improvements for the Eagle Shores development, contingent on final inspection approvals by engineering and public works staff at the end of the one (1) year warranty period. APPROVE WCA DETERMINATION FOR GOODVIEW AVENUE The Council, acting as the LGU for the Wetland Conservation Act, was asked to consider approval of the Wetland Conservation Act Wetland Impact Replacement Plan for the Goodview Avenue Improvement Project. It is proposed that 2.89 Acres of wetlands will be required to be impacted to City accommodate the proposed project. All impacts will be mitigated through the BWSR Public Council meeting of October 4, 2004 Page 4 Transportation Project Wetland Bank. Adoption of the Consent Agenda approved the WCA determination for Goodview Avenue. APPROVE WCA DETERMINATON FOR ONEKA ELEMENTARY SCHOOL The Council, acting as the LGU for the Wetland Conservation Act, was asked to consider approval of the Wetland Conservation Act Wetland Impact Replacement Plan for the Oneka School Site. The applicant has defined that 8,800 square feet of wetlands will be required to be impacted to accommodate the new school building and adjacent walkway. Mitigation for the 8,800 sf of wetland impacts associated with the Oneka School site development is proposed on-site through the expansion of Wetland 16 in southeast portion of site. Adoption of the Consent Agenda approved the WCA determination for the Oneka Elementary School. APPROVE HIRING OF EILEEN OTTNEY AS BLDG DEPT TECHNICIAN/RECEPTIONIST At its August 16, 2004 meeting, Council accepted the resignation from Renee Cunningham and authorized staff to advertise for the position of building department technician/receptionist. The City received a total of 176 applications, of which 29 applicants were invited for first-round interviews and a total of 11 were invited back for a second interview. The interview team consisted of CD Director Bryan Bear, Building Official John Benson, Administrative Intern Tom Denaway, and City Administrator Mike Ericson. City Administrator and the interview team recommend Eileen Ottney as the successful candidate. Adoption of the Consent Agenda approved the hiring of Eileen Ottney, effective October 18, 2004, subject to the six-month probationary period and required pre-employment standard physical exam, at Pay Grade 3, Step 1, in the salary matrix. APPROVE OCTOBER 21.2004 FOR NEIGHBORHOOD MEETING ON 130TH ST/TH61 At its September 7, 2004 meeting, Council directed staff to schedule a neighborhood meeting with residents in the Beaver Ponds development, near the intersection of 130'h Street and TH61. City staff has reviewed available dates and recommends that Council select Thursday, October 21, 2004, for the neighborhood meeting, at which City staff will be present, along with a representative from MnDOT and two selected Council members, representing Ward 1 and another to be determined by Council. Petryk made motion, Granger seconded, to schedule a special Council meeting for Monday, October 25, 2004, 6:00 pm, at the Hugo Fire Hall, for a neighborhood meeting to discuss traffic signals as 130' Street and TH61. The Council has already scheduled a 7:00 meeting on the same evening. All aye. Motion Carried. PUBLIC HEARING ON EASEMENT VACATION FOR VICTOR GARDENS 5TH ADDITION (POA/SCHERER) POA/Scherer requested a vacation of the existing drainage and utility easements located on Outlot C, Victor Gardens 0 Addition. The property is being platted as Victor Gardens 5'h Addition and will include the necessary storm water improvements and easements. Mayor Miron opened the public hearing with the following comments: City Council meeting of October 4, 2004 Page 5 Arnie Triemert, 15220 Everton Avenue, stated his concern of possible drainage problems. John Udstuen, 15950 Everton Avenue, expressed concern with the culvert under CR8, west of Everton Avenue that he felt was critical to drainage of property north of CR8. CD Director Bryan Bear stated that he would be willing to meet with Arnie and John to discuss drainage issues, along with City Engineer Jay Kennedy. As Ward 2 representative, Council member Frank Puleo offered to be present at this meeting. City staff will also share resident concerns with Washington County for consideration during their CR 8/14 realignment project. This matter will be placed on the agenda for the Council meeting of October 18, 2004 Miron made motion, Granger seconded, to approve the easement vacation and the notice of completion of vacation proceedings for the vacation of drainage and utility easements over Outlot C, Victor Gardens 1" Addition. All aye. Motion Carried. Miron made motion, Petryk seconded, directing staff to meet with property owners, along with Council member Frank Puleo, to look at drainage and the CR8 culvert and inform Washington County of resident concerns. All aye. Motion Carried. REVIEW RICE LAKE PARK FEASIBILITY STUDY At its September 8, 2004 meeting, the Parks Commission considered the draft copy of the Rice Lake Park Feasibility Study, as prepared by engineer Scott Ward from Stevens Engineering. Parks Commissioners agreed with the concept plan that was presented and recommended that Council review the draft plan for consistency with the original concept plan presented to Council several months ago. PW Director Chris Petree requested Council consider changes for inclusion in the final draft. No formal Council action was taken, but if Council members had a recommendation for change to the draft plan, they should contact Chris. REVIEW OFFER TO OAKSHORE PARK ASSOCIATION FOR PARKLAND At its March 15, 2004 meeting, Council discussed the potential purchase of the Oakshore Park 10 -acre parcel for public parkland. Council directed staff to forward the background materials to the association and requested an opportunity to discuss the sale of the property. On Tuesday, September 21, 2004, Council members Becky Petryk and Frank Puleo, along with City Administrator Mike Ericson, met with representatives from the Oakshore Park Homeowner's Association. Nick Steckhahn, Steve Koppen, and Dave Black discussed the actions of the association and their sincere desire to sell the property to the City. The association had an appraisal done on the property in October 2003 by McKinzie Metro Appraisal, who valued the property at $509,500. This number is consistent with the estimated appraisal shared with Council with the staff report. The association has questions that were raised by its members; specifically, what would be done with the net proceeds with the sale of the land to the City, and how the deal would be structured by a tax attorney to allow for reasonable terms and conditions amenable to the homeowners. City staff sought direction from Council as to its desire to extend an official offer to the City Council meeting of October 4, 2004 Page 6 association, contingent on work being done by the parkland dedication fund CIP subcommittee, on which both Council members Petryk and Puleo currently serve. City Attorney advised Council members Becky Petryk and Mike Granger, and members of the homeowners association, to refrain from discussion and voting on this matter. Oakshore HOA president, Nick Steckhahn, was present and suggested that money generated from the sale of the property be used for improvement to roads within the development. They would not include installation water or sanitary sewer improvements. Council also expressed concern with finding a funding source to purchase the property. Miron made motion, Haas seconded, directing staff to look at feasibility of a scaled down improvement project in Oakshore Park, schedule a neighborhood meeting in January 2005, and provide a recommendation to Council. The parkland dedication fund CEP subcommittee should consider this a high priority on their agenda for October 5, 2004. VOTING AYE: Haas, Puleo, Miron ABSTAINED: Petryk and Granger Motion Carried. MCES UPDATE TO LOCATE TANKS IN BALD EAGLE INDUSTRIAL PARK At its September 7, 2004 meeting, Council discussed with MCES officials their desire to locate the sanitary sewer tanks on Marvin LaValle's farmland, approximately 800 feet from CR8. Since that time, Mr. LaValle has changed his mind and decided that he does not want the tanks to be located on his property. MCES officials continue to explore alternative locations for the tanks, including the City's 80 - acre parcel of parkland known as Clearwater Creek. On September 23, 2004, CD Director Bryan Bear, City Administrator Mike Ericson, and Mayor Fran Miron discussed with Met Council area representative, Georgie Hilker, the suggestion that maybe the Clearwater Creek parkland site might be the most optimum site, although it provides engineering challenges in order to make the project work. No formal Council action was taken on this matter. LETTER FROM WASHINGTON COUNTY ON VICTOR HUGO BLVD/CSAH 8 Washington County Transportation Engineer Wayne Sandberg has reviewed the intersection of Victor Garden Boulevard and CSAH 8, as per a formal request from the City. A transportation analysis of the intersection reveals that the county's recommendation is to not add any additional traffic control at this time. The study was completed two weeks ago and undertook data in seven different areas that are necessary to warrant the installation of a traffic control device. Miron made motion, Petryk seconded, directing CD Director Bryan Bear to contact concerned residents and notify them of Washington County's findings. All aye. Motion Carried. APPROVE PURCHASE AGREEMENT FOR ANTIQUE STORE AKA OLD NADEAU'S BUILDING At its August 16, 2004 meeting, Council directed staff to proceed with negotiations with Mike and City Council meeting of October 4, 2004 Page 7 Catherine Anderson for the purchase of the antique store, formerly doing business as the old Nadeau's Market. Staff has inspected the building, and has had several meetings with City Assessor Frank Langer and the Andersons, and is prepared to present a purchase agreement, subject and contingent to a funding source, which would be determined at the Council workshop on October 25, 2004, to discuss the Washington County's CDBG grant program. Miron made motion, Haas seconded, that this matter be placed on the agenda for the first EDA meeting and direct staff to find a funding source for purchase of the property. All aye. Motion Carried. DISCUSSION ON ORDINANCE AMENDMENT FOR WIND POWERED GENERATORS At the City Council meeting of August 2, 2004, the Council approved the Conditional Use Permit for the wind -powered generator with the condition it be constructed as a monopole and directed staff to draft an ordinance amending the Wind -Powered Generator ordinance. The Planning Commission held a public hearing on this item and recommended an ordinance amendment to require all wind -powered generators be constructed with a monopole design, be maintained in good repair, and be required to allow City personnel immediate access should equipment fail. Haas made motion, Granger seconded, to adopt ORDINANCE 2004-393 AMENDING SECTION 1195.720.1 OF THE HUGO COMPREHENSIVE LAND USE REGULATIONS ON WIND - POWERED GENERATORS. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. APPROVE CONSTRUCTION PLANS FOR GOODVIEW AVENUE At its September 20, 2004 meeting, Council requested City staff to obtain a letter of intent from Emmerich Development for the construction of Goodview Avenue in December 2004. City Engineer Jay Kennedy provided a Power Point presentation outlining construction plans for Goodview Avenue. Haas made motion, Miron seconded, to approve the final construction plans and 2 -foot shoulder paving for Goodview Avenue, and authorize distribution of plans to the developer pending final BWSR approval. All aye. Motion Carried. APPROVE COST ESTIMATE FOR RAILROAD AGREEMENT At its September 20, 2004 meeting, Council approved in concept the railroad agreement with Minnesota Commercial Railroad, Schwieters Properties, and Nor -Lakes for the construction of a railroad spur into the Lot 4 in the BEIP. Subsequent to the meeting, staff reviewed firmer numbers regarding the cost estimates for the project, and requested that this matter be tabled until the Council meeting of October 18, 2004. City Council meeting of October 4, 2004 Page 8 Granger made motion, Puleo seconded, to table this matter until October 18, 2004. All aye. Motion Carried. SCHEDULE EDA MEETING DATE AND TIME At its September 20, 2004 meeting, Council appointed five citizens -at -large, along with Mayor Fran Miron and Council member Mike Granger, to the seven -member EDA Commission. Staff was directed to select and determine a date and time for regular EDA meetings. Miron made motion, Granger seconded, to schedule the City's first Economic Development Authority meeting for October 26, 2004, Hugo City Hall, at a time to be determined by City staff. All aye. Motion Carried. DISCUSSION OF SAND PROBLEM WITH WELL NO.3 Well No. 3 was drilled in December 2000 by Traut Wells. The pump house was constructed in 2001 and the well went online at the end of 2001. The well was not heavily used until the new water tower went online in November 2002. For the past two years, staff has tried numerous approaches to remove sand from the well, but to no avail. City staff and WSB Engineers agree they need to investigate the sand problem by pulling the pump and televising the well. City staff received a proposal from E.H. Renner & Sons, Inc., to complete this investigation work, and recommended Council award the investigation work to E.H. Renner & Sons Inc., in the amount of $4,540 and for the work to begin immediately. Miron made motion, Haas seconded, to accept staffs recommendation and award the investigation work to E.H. Renner & Sons Inc., in the amount of $4,540 and for the work to begin immediately. All aye. Motion Carried. APPROVE BIDS FOR FF&E FOR NEW PUBLIC WORKS FACILITY On Monday, October 4, 2004, Council members Mike Granger and Frank Puleo met with PW Director Chris Petree for site visits to four different vendors to inspect work stations and community room furnishings and recommended Metro Furniture Solutions be considered to provide FF&E for the new public works facility. City Attorney Dave Snyder stated that the City did not need to receive bids to make these purchases. Granger made motion, Puleo seconded, directing staff to work with Metro Furniture Solutions for selection of FF&E for the new public works facility and community room, in an amount not to exceed $30,000. All aye. Motion Carried. Council meeting of October 4, 2004 Page 9 DISCUSSION OF SINGLE SORT RECYCLING Hugo resident Carol Plocher contacted the City regarding her desire that the City allow single sort City recycling. Gary Boyum from Waste Management was present to explain single sort recycling. Because City ordinance calls for weekly recycling pickup, and single sort recycling is schedule for pick up every other week, the City will need to amend its ordinance. Haas made motion, Granger seconded, directing staff to draft an ordinance amendment allowing for recycling pickup every other week. All aye. Motion Carried. ONEKA LAKE PARK DEDICATION CEREMONY (10/09/04 AT 12 NOON) At its September 20, 2004 meeting, Council selected Saturday, October 9, 2004 as the Oneka Lake Park dedication ceremony day. A time was not selected. Miron made motion, Haas seconded, to approve 12 noon as the time to hold the dedication ceremony for the completion of Oneka Lake Park. All aye. Motion Carried. WBL SCHOOL DISTRICT BOARD MEETING ON TAX ABATEMENT (9/28/04) City staff attended the special September 28, 2004 WBL School Board meeting in order to present information regarding the request for tax abatement for financing of the CSAH 8/14 reconstruction project. After a presentation by the City, and questions from the school board, the WBL School Board voted unanimously to approve the resolution authorizing and extending the approval of the WBL School District #624 in support of the City's request for tax abatement. The City's next Newsletter will include an article outlining the healthy cooperation between the WBL school district and the City of Hugo to work together for the new Oneka Elementary School project. No formal Council action was taken. FENWAY BOULEVARD TREES PW Director Chris Petree addressed Council noting that there is a need to replace dead trees along the 1.2 miles of road along Fenway Boulevard. He has received a cost of $12,000 from SC Sales to replace 26 trees. Finance Director Ron Otkin suggested that funds be provided from the street and roads budget. Council member Chuck Haas suggested that Ron investigate the use of TIF funds for project. Granger made motion, Haas seconded, directing staff to proceed with the replacement of 26 trees along Fenway Boulevard/Avenue, at a cost of $12,000 from SC Sales. Staff is to investigate whether TIF funds can be used. VOTING AYE: Granger, Haas, Petryk, Miron ABSTAINED: Puleo Motion Carried. City Council meeting of October 4, 2004 Page 10 ADJOURNMENT Haas made motion, Petryk seconded, to adjourn the meeting at 9:37 pm All aye. Motion Carried. Mary reager City