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HomeMy WebLinkAbout2003.04.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF APRIL 7.2003 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator, Michael Ericson CD Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager MINUTES FOR THE CITY COUNCIL MEETING OF MARCH 17.2003 Haas made motion, Granger seconded, to approve the minutes for the March 17, 2003 Council meeting as presented. All aye. Motion Carried. MINUTES FOR THE TRI CITIES COALITION MEETING OF MARCH 20.2003 Haas made motion, Granger seconded, to approve the minutes for the March 20, 2003 tri -cities coalition meeting as presented. VOTING AYE: Granger, Haas, Puleo, Miron ABSTAINED: Petryk Motion Carried. APPROVAL OF AGENDA Add K.1 — Discussion of Road Restrictions Miron made motion, Haas seconded, to approve the agenda for April 7, 2003 as amended. All aye. Motion Carried. RECOGNITION OF BUNNY PETERSON (CERTIFICATE OF APPRECIATION) Bunny Peterson was appointed to a 3 -year term on the Hugo Parks Commission in 2000 and completed it on March 31, 2003. She also served on the Planning Commission. Mayor Fran Miron presented her with a Certificate of Appreciation and verbally thanked her for her service on the Parks Commission and also for her service on the Hugo Planning Commission. OPERATION IRAOI FREEDOM AND BLOOD DONATION TO RED CROSS In support of the American troops in Iraq and for their families back home, Mayor Fran Miron publicly acknowledged the patriotism of these individuals. To staffs knowledge, there is one individual from Hugo who is in Iraq/Kuwait, and he is the son of Walter Stoltzman. Council member Haas suggested that citizens consider donating blood to Red Cross as a gesture of support and good will. City Council meeting of April 7, 2003 Page 2 Miron made motion, Haas seconded, directing staff to contact the Red Cross to determine if a blood donation drive could be held at Hugo City Hall. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Accept Donation to the Hugo Fire Department (Metz) Approve Property Line Adjustment (Tim Stockness) Approve Variance Request for Construction of Garage (Gaertner) Approve Advertisement for Bids (Seal coating and Crack filling) Approve Pay Request No. 1 from Fyle's Excavating for Work Completed on 165x' Ditch Project Approve Pay Request No. 8 from Magney Construction for Work Completed on Wellhouse #4 All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster as presented. ACCEPT DONATION TO THE HUGO FIRE DEPARTMENT (METZ) Bruce Discher and Ann Metz of 6302 165"' Street made a donation to the Hugo Fire Department for reimbursement expenses for the fire training exercise on their old house. Their donation to the City is in appreciation of the training exercise held by the HFD, which was an opportunity for members to participate in a structural collapse drill. Adoption of the Consent Agenda accepted the $700 donation from Bruce and Ann for the Hugo Fire Dept. APPROVE PROPERTY LINE ADJUSTMENT (TIM STOCKNESS) Tim Stockness requested a property line adjustment for properties located at 9627 and 9757 122nd Street. Both lots currently contain homes and are owned by the same family. A variance is required to permit the adjustment because both lots are currently legal non -conforming parcels. The property line adjustment would not result in the creation of any new lots, nor would it permit the future subdivision of either property. The Board of Adjustments reviewed the request on March 13, 2003 and recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the property line adjustment for Tim Stockness (Resolution 2003-17). APPROVE VARIANCE REQUEST FOR CONSTRUCTION OF A GARAGE (GAERTNER) David Gaertner requested variances to construct a detached garage on his property located at 8455 136' Street in Duck Pass. The variances include: 1) a 19 -foot setback from the side lot line where 40 feet is City Council meeting of April 7, 2003 Page 3 required; 2) a 25 -foot setback from the front property line where 40 feet is required; and 3) to locate the garage closer to the road than the principal structure. The Architectural Review Committee for Duck Pass reviewed the request and has approved the plans. The Board of Adjustments reviewed the variances on March 13, 2003 and recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the variances for David Gaertner as recommend by the Board. APPROVE ADVERTISEMENT FOR BIDS (SEAL COATING/CRACK FILLING) Each year, the City advertises for bids for bids for seal coating and crack filling on street sections in the City. Public Works Director Chris Petree has requested authorization to advertise for bids for seal coating and crack filling. Adoption of the Consent Agenda authorized staff to advertise for bids for seal coating and crack filling in the City for 2003. APPROVE PAY REQUEST #1 FROM FYLE'S EXCAVATING FOR WORK COMPLETED ON 165TH DITCH PROJECT Fyles's Excavating made application to the City for approval of pay request #I for work completed to date on the 165'' Street ditch project. Project Manager Pete Willenbring from WSB Engineers reviewed the pay request and found it to be consistent with work completed to date. Adoption of the Consent Agenda approved payment to Fyle's Excavating in the amount of $16,477.75. APPROVE PAY REQUEST #8 FROM MAGNEY CONSTRUCTION FOR WORK COMPLETED ON WELLHOUSE #4 Magney Construction made application to the City for approval of pay request #8 for work completed to date on the wellhouse #4. Project manager Steve Campbell from SEH Engineers reviewed the pay request and found it to be consistent with work completed to date. Adoption of the Consent Agenda approved payment to Magney Construction in the amount of $15,817.06. APPROVE HIRING TWO SEASONAL PUBLIC WORKS EMPLOYEES Jake Hauck has worked for the City for the past two years and Dan LaCasse worked for the City last year, as summer seasonal parks employees. Public Works Director Chris Petree contacted both employees and they would like to work for the City again for the summer of 2003. Both employees are hard workers and do an excellent job for the City. City staff recommended hiring Jake Hauck and Dan LaCasse as summer seasonal parks employees at the same hourly rate of $11.50/hr. Council member Frank Puleo inquired as to their salaries last year, and felt that in light of the possible City employee salary freeze, that their salaries should remain the same as last year. Miron made motion, Puleo seconded, to approve hiring Jake Hauck and Dan LaCasse as seasonal public works employees for the summer of 2003, at $11 /hr. All aye. Motion Carried. City Council meeting of April 7, 2003 Page 4 RESOLUTION TO SUPPORT HF #712 AND SF #738 FOR JD2 At its March 17, 2003 meeting, Council directed City Attorney Dave Snyder to revise the resolution of support for improvements to Judicial Ditch #2. There is additional information that has been included for review by Council, including an article that was in the Sunday, March 30, 2003 St. Paul Pioneer Press, in which Mayor Fran Miron was quoted and photographed. Mayor Miron suggested that the resolution should be forwarded to Washington County and the City of Forest Lake for their signatures. Council member Haas questioned the resolution's last "Whereas" referencing restoration of JD2 to its "original profile". It was his opinion that this requirement was outside of what was originally agreed to by the JD2 Blue Ribbon Task Force. No further changes were suggested. After further discussion: Miron made motion, Puleo seconded, directing staff to forward a copy of Resolution 2003-16 to Washington County and the City of Forest Lake asking for their signatures thereby showing support of the resolution. All aye. Motion Carried. SENIOR ENGINEERING TECHNICAL POSITION At its March 17, 2003 meeting, Council discussed the senior engineering technician position, the amount of City engineering fees paid in 2002, and work that could be completed by this new person and recouped by the City in reimbursable costs. The Council generally agreed in concept with the job description, salary range, and engineering cost justification report, but agreed with Council member Mike Granger's recommendation to delay advertising for the position. Council members Mike Granger and Becky Petryk met with CD Director John Rask and City Administrator Mike Ericson to discuss the position in finther detail. Both Council members agreed to recommend to the Council that staff advertise for the position with the inclusion of "salary commensurate with experience" to allow the City flexibility in hiring the person who best fits the City's needs. The City may want to hire an engineering technician or a senior engineering technician, depending on the quality of the applicants. Granger made motion, Puleo seconded, authorizing advertisement for the senior engineering technical position. All aye. Motion Carried. Miron made motion, Puleo seconded, that a hiring committee be formed to include the following: Council members Petryk and Granger, City Administrator Mike Ericson; CD Director John Rask; Public Works Director Chris Petree; and any other City staff needed to help in the decision making process. All aye. Motion Carried. APPROVE REVISED CITY COMMISSION POLICY At its March 17, 2003 meeting, City staff removed from the agenda the revised City Commission policy because Council had not been provided a copy prior to the Council meeting. City staff prepared the City Council meeting of April 7, 2003 Page 5 revised Commission policy with suggested changes made by Council and presented it for discussion and approval by Council. The revised Commission policy would be applicable to the City's Plaming Commission, Parks Commission, and Historical Commission. Council member Frank Puleo suggested changes to the draft policy. Puleo made motion, Petryk seconded, to draft the City Commission Policy with proposed changes. Puleo made motion, Petryk seconded, directing staff to make recommended changes to policy and present to Council for further review. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. VACANCY ON PARKS COMMISSION At its March 17, 2003 meeting, the Council accepted the letter from Bunny Peterson announcing that she did not want to seek reappointment to the Parks Commission after the expiration of her term on March 31, 2003. The Council assured all Commission members that any term expiration interviews are to be considered "friendly" with no intent to intimidate. They are volunteers and will be made as comfortable as possible during the interview process. The Parks Commission vacancy has been noticed and should be filled some time mid-May. CSAR 8/14 COUNCIL WORKSHOP ON APRIL 28.2003 On Tuesday, March 25, 2003, Washington Council officials held a public hearing on the CSAH 8/14 realignment at the Hugo City Hall. An open house was held prior to the public hearing at which there were approximately 60 individuals in attendance. After a Power Point presentation by Tim Chalupnik, TKDA project engineer, a total of three individuals spoke at the public hearing. As Council is aware, the individuals' public comments will be made a part of the official public record and will be included in the environmental worksheet. In preparation for the City's April 28, 2003 special workshop, staff reviewed with Council its plan for preparation of the evening's agenda. PELOOUIN INDUSTRIAL PARK PUBLIC IMPROVEMENT PROJECT At its March 17, 2003 meeting, Council directed staff to send notice to Richard Knutson, Inc., and its bond company that they may be in default with the City's contract on the work for this project. A meeting was held with City of Hugo officials and RKI and its bond company on Friday, March 28, 2003. Mayor Fran Miron represented the Council, and City staff included City Attorney Dave Snyder and City Engineer Dave Mitchell. RKI announced in a letter to the City that it will be withdrawing from the project. An executive session of the City Council was held on Monday, March 31, 2003 at 10:00 am. City Attorney Dave Snyder presented the results of this executive session, with direction to Council as to how to proceed with the lawsuit that was filed against the City by RKI on Thursday, March 20, 2003. City Council meeting of April 7, 2003 Page 6 Miron made motion, Petryk seconded, to accept the City Attorney's recommendation and follow the six (6) suggestions for action by the City Council as outlined in the City Engineer's letter dated April 4, 2003. All aye. Motion Carried. REQUEST TO APPROVE INVOICE FROM RCWD FOR JD2 CULVERT PROJECT RCWD administrator Steve Hobbs submitted an invoice for the City's participation in the JD2 culvert replacement project at 165'' Street and 157'' Street. The City's participation in the project is a percentage of the total cost, which involves cost sharing between the RCWD, Washington County, the State of Minnesota, and the City of Hugo. Specifically, the RCWD requested reimbursement for payments #I and #2 to Jay Brothers Excavating, in the amount of $107,466.87 for the 165 ' Street culvert replacement project, and $5,512.50 for the 157'' Street culvert project, for a total reimbursement cost of $112,979.37. The Council is well aware of the problems experienced on this project, as evidenced by the continued weekly JD2 project meetings at City Hall on Monday mornings, a variety of telephone calls to individual Council members, and the number of complaints from Hugo residents about the project. Prior to making any payment, City Attorney Dave Snyder stated that the City should be satisfied that we have gotten what we are paying for. Haas made motion, Granger seconded, to table this matter until the meeting of April 21, 2003 making sure that the project is substantially complete and acceptable to the City. All aye. Motion Carried. REQUEST TO SUPPORT HF 965 AND SF 825 The League of Minnesota Cities requested communities consider supporting a bill that would authorize cities the ability to impose a transportation utility fee for street maintenance and reconstruction. LMC, the City Engineer's Association, and the State Public Works Association support HF 965 and SF 825. Council discussed the bills and some felt that this was another way to "tax" residents. Because Council wanted more information regarding the proposed bills: Miron made motion, Petryk seconded, to table this matter until the Council meeting of April 21, 2003. All aye. Motion Carried. APPROVE PUD AND PRELIMINARY PLAT FOR HERITAGE DEVELOPMENT (EAGLE SHORES) Heritage Development requested approval of a PUD and preliminary plat for I 1 lots on a 12.16 -acre parcel located at 4760122nd Street. The development would consist of 10 new single-family lots plus a lot for the existing home. The Planning Commission reviewed the request on March 27, 2003 and recommended approval by a unanimous vote. City Planner Kendra Lindahl presented Council with an overview of the City Council meeting of April 7, 2003 Page 7 proposed development. After discussing the proposed development, Council requested more information from staff regarding cost estimates for storm sewer in the road and drainage problems in Lake Air Estates. Miron made motion, Granger seconded, to table this matter until the Council meeting of April 21, 2003 for preliminary and final plat approval. All aye. Motion Carried. LMC CITY DAY AT STATE CAPITOL ON APRIL 9, 2003 The League of Minnesota Cities has declared Wednesday, April 9, 2003 as Minnesota City Day at the state capitol. Elected and appointed city officials from State of Minnesota will be in St. Paul to share their stories about the impacts the governor's state budget proposal and the Minnesota Senate's property tax freeze proposal communities. This is an opportunity for the Hugo City Council to participate in the LMC`s effort to share the City's position with our local elected officials. City staff requested Council's interest in attending this event. Council members stated that they would not be able to attend. GRAND OPENING FOR CONGRESSMAN MARK KENNEDY JH DISTRICT OFFICE (APRIL 15, 2003) Mark Matuska, district manager for Congressman Mark Kennedy's a district, announced that a grand opening celebration would be held on Tuesday, April 15, 2003, from 2pm to 4:30pm. This celebration will be an opportunity to publicly announce the opening the dh district representative's district office in the Hugo City Hall and an opportunity to meet Congressman Kennedy and member of his congressional staff. City Council members were encouraged to attend this event. City Attorney Dave Snyder advised that no legal notice of this event was required since Council would not be discussing City business. 2003 CITY SEWER AND WATER RATES (SAME AS 2002) In January 2002, the Council adopted a resolution thereby setting City sewer and water rates for 2002. This rate study was completed by Bill Lehner from Computer Integrated Technology (CIT) in an effort to insure that the City annually reviews and sets sewer and water rates commensurate with operational and maintenance costs. Staff worked with CIT recently to review the repair and maintenance costs to the City's sewer and water system and Mayor Mixon proudly announced that the City wodd maintain the same rates for 2003. Puleo made motion, Granger seconded, to table the following agenda items until the City Council meeting of April 21, 2003: Approve Parkland Dedication Ordinance Amendment City Council Liaisons to Commissions Letter from Washington County Conservation District Tri Cities Coalition Meeting (March 20, 2003) — Results and Issues AMM Resolution to Oppose Minnesota State Legislative Controls City Council meeting of April 7, 2003 Page 8 Announce Term Expiration on Carnelian -Marine Watershed District All aye. Motion Carried. EXECUTIVE SESSION Haas made motion, Granger seconded, to recess the Council meeting and move into executive session to discuss pending litigation with Richard Knutson, Inc. All aye. Motion Carried. REGULAR SESSION Haas made motion, Petryk seconded, to reconvene the regular City Council meeting. All aye. Motion Carried. Haas made motion, Granger seconded, directing City Attorney Dave Snyder to continue to work with RKI to discuss the status of the pending litigation and state of the job site. All aye. Motion Carried. ADJOURNMENT Granger made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Mary Creager Ci lerk