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HomeMy WebLinkAbout2003.04.21 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF APRIL 21.2003 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 Public Works Director, Chris Petree City Clerk, Mary Ann Creager APPROVE MINUTES FOR CITY COUNCIL WORKSHOP OF MARCH 31.2003 Miron made motion, Puleo seconded, to table approval of the minutes for the City Council workshop meeting until May 5, 2003. All aye. Motion Carried. APPROVE MINUTES FOR COUNCIL EXECUTIVE SESSION OF MARCH 31.2003 Granger made motion, Petryk seconded, to approve the minutes for the City Council executive session of March 31, 2002 as presented. All aye. Motion Carried. APPROVE MINUTES FOR THE COUNCIL MEETING OF APRIL 7.2003 Haas made motion, Granger seconded, to approve the minutes for the City Council meeting of April 7, 2003 as presented. All aye. Motion Carried. APPROVE MINUTES FOR COUNCIL EXECUTIVE SESSION OF APRIL 7.2003 Haas made motion, Petryk seconded, to approve the minutes for the City Council executive session of April 7, 2003 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add G. 11— Accept Resignation of Dean White from the Hugo Fire Department Retitle I.1 — 2003 Graveling Contract Delete M.1 — Load Limit Citation Miron made motion, Haas seconded, to approve the agenda for April 21, 2003 as amended. All aye. Motion Carried. City Council meeting of April 21, 2003 Page 2 RECOGNITION OF LEN SHIMOTA FOR DONATION OF OLD SCHOOL HOUSE PAINTING Several months ago, Hugo resident Len Shimota donated a beautiful painting to the City in appreciation of the reopening of 140'h Street. As Council is aware, the painting was of the City's most famous landmark, the Hugo Feed Mill. The Mayor and Council members enthusiastically thanked Len for his generous donation, which is prominently displayed in the City Hall lobby. Council member Chuck Haas offered his appreciation as well, and encouraged Len to continue with his painting projects. Len took this encouragement to heart and selected the Old School House located at 170' Street and TH61. Len completed this beautiful painting and was in attendance to present it to the City of Hugo. Mr. Shimota did not wish to be recognized for his donation to the City, but Mayor Miron and Council publicly recognized him and presented a Certificate of Appreciation to Mr. Shimota for his work. WBL SCHOOL REPRESENTATIVES SUPERINTENDENT TED BLAESING. BOARD CHAIRMAN ROLF PARSONS, AND BUSINESS MANAGER PETE WILLCOXON IDS #624 and WBL schools have discussed for the past couple of years, the future school district needs in and around the City of Hugo. As Council is aware, the Pulte subdivision located immediately north of CSAH 8 includes a 22 -acre school site for the future construction of a K-5 elementary school. Superintendent Ted Blaesing, Board Chairman Rolf Parsons, and Business Manager Pete Willcoxon were present to discuss the future needs of the district in the City of Hugo. CONSENT AGENDA Haas made motion, Granger seconded, to approve the following Consent Agenda: Approval of Claims Approve Conditional Use Permit Renewal for Hugo Tree Care (John E. Olsen) Accept Donation from Len Pratt for Fire Training Exercise for HFD (13507 Elmcrest Avenue) Approve Temporary 3.2 Beer License for Hugo Lions Club (Good Neighbor Days) Approve May 17, 2003 as "Kids Day America International" (Oneka Room) Approve Charitable Gambling License for HFD Relief Association Approve New Application Form and Agility Test for HFD Approve Final Plat and Development Agreement for Victor Gardens 3'd Addition Approve Ordering Public Hearing for Peloquin Industrial Park Public Improvement Project Accept Resignation of Dean White from the Hugo Fire Department All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster as presented. APPROVE CUP RENEWAL OF HUGO TREE CARE (JOHN E. OLSEN) John E. Olsen dba Hugo Tree Care requested approval of his CUP to operate his tree care business on City Council meeting of April 21, 2003 Page 3 his property at 14278 Irish Avenue. Mr. Olsen completed all of the necessary application materials, and staff included the original Special Use Permit for Council review, which was approved by Council in June 2000. Adoption of the Consent Agenda approved the CUP renewal for Hugo Tree Care and owner John E. Olsen. ACCEPT DONATION FROM LEN PRATT FOR FIRE TRAINING EXERCISE FOR HFD Local builder and developer Len Pratt forwarded a donation to the Hugo Fire Department in appreciation and reimbursement for the fire training exercise for a house he owned at 13507 Elmcrest Avenue. The donation was in appreciation for their efforts and for reimbursement for all expenses related to the fire training exercise. Adoption of the Consent Agenda accepted the $ 1,000 donation from Len Pratt and the Council extended its public appreciation to Len for this kind gesture. APPROVE TEMPORARY 3.2 BEER LICENSE FOR HUGO LIONS CLUB (GOOD NEIGHBOR DAYS) Each year, the Hugo Lions Club applies to the City for a temporary 3.2 beer license to sell beer during the Hugo Good Neighbor Days. The club completed the necessary application forms and provided its required insurance information. Adoption of the Consent Agenda approved the temporary 3.2 beer license for the Hugo Lions Club to sell at Good Neighbor Days on June 6,7,8, 2003. APPROVE MAY 17.2003 "KIDS DAY AMERICA/ INTERNATIONAL" (ONEKA ROOM) New Paradigm Chiropractic, a new chiropractic office in the City, requested approval and recognition of Saturday, May 17, 2003 as "Kids Day America/International" in the City of Hugo. This is a special day set aside to address the health, safety, and environmental issues that affect us as individuals and as a community. It was founded for the purpose of educating families and communities about these important social concerns. This year, the event will benefit the WBL educational foundation, Angel Fund for Hugo Elementary School, with volunteers present to fingerprint the children for ID cards. This proclamation would approve the event to be held in the Oneka Room at 12:30pm, Saturday, May 17, 2003. Adoption of the Consent Agenda approved May 17, 2003 as "Kids Day America/International" in the City of Hugo. APPROVE CHARITABLE GAMBLING LICENSE FOR HFD RELIEF ASSOCIATION The Hugo Fire Department Relief Association made application for a charitable gambling license to hold its annual bingo event at the Hugo Good Neighbor Days scheduled June 6,7,8, 2003. The HFD completed the necessary application. Adoption of the Consent Agenda approved the charitable gambling license for the Hugo FD Relief Association to conduct bingo during Good Neighbor Days. APPROVE NEW APPLICATION FORM AND AGILITY TEST FOR HFD The Hugo Fire Department has been working over the past several months to revise its application form and agility test. Along with City Administrator Mike Ericson and City Attorney Dave Snyder, the HFD did an excellent job in modernizing the application form in accordance with state statutes and revising the agility test in accordance with nearby fire departments. Adoption of the Consent Agenda approved City Council meeting of April 21, 2003 Page 4 the new application form and agility test for applicants for membership in the Hugo Fire Department. APPROVE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR VICTOR GARDENS 3RD ADDITION Len Pratt, developer for the Victor Gardens subdivision, made application for approval of the final plat and development agreement for Victor Gardens 3'd Addition. The CD Department worked with Mr. Pratt to complete all necessary plat information, along with revisions to the development agreement as recommended by City Attorney Dave Snyder. Adoption of the Consent Agenda approved the final plat and development agreement for Victor Gardens 3'd Addition, which is consistent with the preliminary plat approved by Council on January 21, 2003 (Resolution 2003-18). APPROVE ORDERING PUBLIC HEARING FOR PELOOUIN INDUSTRIAL PARK PUBLIC IMPROVEMENT PROJECT At its April 7, 2003 meeting, the Council directed City Attorney Dave Snyder to consider negotiations with Richard Knutson, Inc., in regard to the lawsuit filed against the City by RKI. Subsequent to the resolution of the lawsuit, the City served Notice of Default to RKI, and in follow up to that, the project requires the ordering of a public hearing in order to address the remaining construction activities. Adoption of the Consent Agenda ordered the public hearing for May 5, 2003 for the Peloquin Industrial Park Public Improvement Project. ACCEPT RESIGNATION OF DEAN WHITE FROM THE HUGO FIRE DEPARTMENT Long-time member of the HFD regretfully submitted his resignation due to time constraints in his personal life. Fire Chief Jim Compton stated that the Fire Department would surely miss Dean and publicly thanked him for his years of dedicated service. Adoption of the Consent Agenda accepted the resignation of Dean White from the Hugo Fire Department. APPROVE CITY COMMISSIONER APPOINTMENT POLICY At its April 7, 2003 meeting, the Council considered the latest draft of the City policy related to commissions. Council member Frank Puleo suggested changes to the draft commission policy, and staff was directed to prepare the changes and bring than back to tonight's meeting. Because Council member Puleo requested more time to review the changed policy: Puleo made motion, Petryk seconded, to table this matter until the meeting of May 5, 2003. All aye. Motion Carried. VACATION OF UTILITY EASEMENT Ccs VICTOR GARDENS 3RD ADDITION This request for a vacation of the utility easement is an issue the Council has dealt with the F" and 2nd additions, respectively. Mayor Miron called to order a public hearing to consider the vacation of a utility easement in the Victor Gardens 3'd Addition. There were no oral or written comments relative to the called public hearing. Mayor Miron closed the public hearing. City Council meeting of April 21, 2003 Page 5 Puleo made motion, Granger seconded, to approve the vacation of a utility easement in Victors Garden 3'd Addition. All Aye. Motion Carried. 2003 GRAVELING CONTRACT At its March 3, 2003 meeting, the Council directed staff to advertise and accept bids for the City's annual graveling project. On Friday, April 18, 2003, Public Works Director Chris Petree opened bids for the 2003 graveling project. Two bids were received, with both bids at $7.10/ton. After review with City Attorney Dave Snyder, Chris recommended that both bids be rejected and the City rebid the 2003 graveling project, with the hope that a rebid will result in a lower bid. Granger made motion, Haas seconded, to accept the recommendation of Public Works Director Chris Petree and rebid the 2003 graveling contract. All aye. Motion Carried. APPROVE PUD AND PRELIMINARY PLAT FOR HERITAGE DEVELOPMENT (EAGLE SHORES) At its April 7, 2003 meeting, the Council considered the preliminary plat for an 11 -lot subdivision known as Eagle Shores, which is being developed by Heritage Development. After considerable discussion by Council, the application was tabled to tonight's Council meeting where the preliminary plat and final plat would be considered. City staff recommended that Council consider the Planned Unit Development (PUD) and preliminary plat only at this meeting. After the April 7'b meeting, City staff met with Council member Mike Granger on site to discuss the storm water issues raised by residents in the Lake Air Estates subdivision. City staff has worked with Steve Bona from Heritage Development to prepare a listing of the proposed storm water construction costs and to analyze options for storm water collection in the area. Council member Petryk urged Council to remove the proposed easement known as Outlot A from the plat to assure that the 100 -year old stand of oaks would not be lost due to utility construction. She suggested the plat be revised that show the easement going to the north between Lots 3 and 4. Haas made motion, Granger seconded, to adopt ORDINANCE 2003-372, AN ORDINANCE AMENDING CHAPTER 320 TO CLASSIFY CERTAIN LAND FROM R 1 TO A PUD. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Haas made motion, Granger seconded, to adopt RESOLUTION 2003-19 APPROVING FINDINGS OF FACT FOR REZONING THE DEVELOPMENT KNOWN AS EAGLE SHORES. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. City Council meeting of April 21, 2003 Page 6 Petryk made motion, Haas seconded, to adopt RESOLUTION 2003-20 APPROVING A PUD GENERAL PLAN FOR THE DEVELOPMENT KNOWN AS EAGLE SHORES as amended. Miron made motion to amend RESOLUTION 2003-20 retaining Condition #28. Motion failed for lack of second. VOTING AYE: Granger, Haas, Petryk, Puleo VOTING NAY: Miron Motion Carried. Petryk made motion, Granger seconded, to adopt RESOLUTION 2003-21 APPROVING PRELIMINARY PLAT FOR THE DEVELOPMENT KNOWN AS EAGLE SHORES as amended. VOTING AYE: Granger, Haas, Petryk, Puleo VOTING NAY: Miron Motion Carried. REQUEST TO APPROVE INVOICE FROM RCWD FOR JD2 CULVERT PROJECT At its April 7, 2003 meeting, the Council tabled action on a request to approve the invoice from the RCWD for work completed to date by Jay Bros., on the JD2 culvert replacement project. Council requested specific information from the RCWD in regard to language in the Cooperative Agreement, which states that there must be "substantial completion on the project before an invoice is paid". City staff notified RCWD of the Council's decision to table action on the invoice to the April 21' meeting and invited representatives from the RCWD and EOR to attend the meeting. No Council action was required for this matter as the RCWD notified the City that no payment would be required until the project has been substantially completed. DISCUSSION OF PROPOSED RECONSTRUCTION OF GOODVIEW AVENUE On February 18, 2003, the City Council discussed a proposal for the reconstruction of Goodview Avenue. Specifically, the proposal involved E & G Development reconstructing Goodview from 145' Street to Egg Lake Road as part of their development. The developer estimated the cost to be about $1,000,000 with the City sharing in half the cost. The City initially estimated the cost of the project at approximately $3.7 million. A significant cost savings can be achieved by using soil from the development site. Included in the Council packet was a memo from the CD Director outlining funding options for City Council consideration. CD Director John Rask provided the Council with an overview of the options, as well as an update on recent discussions with the developer. The Council spent considerable time discussing reconstruction of the road and how to finance the City's portion of the cost. Council discussed the rezoning of the property and Mayor Miron stated he was committed to the rezoning. Council agreed the developer should up front the City's share o fthe cost with reimbursement through lot sales. Council directed staff to continue working with the developer. This issue is to be placed on a Parks Commission agenda for their discussion of park needs. TABLING OF AGENDA ITEMS Because of time constraints: City Council meeting of April 21, 2003 Page 7 Puleo made motion, Miron seconded, to table the following agenda items: J.4 approve parkland dedication ordinance amendment; J.5 City Council liaisons to commissions; and J.8 AMM resolution to oppose Minnesota state legislative controls. All aye. Motion Carried. LETTER FROM WASHINGTON COUNTY CONSERVATION DISTRICT Staff received a letter from Jyneen Thatcher from the Washington County Conservation District regarding the potential impacts of the Governor's budget reduction on the conservation district. Haas made motion, Petryk seconded, to approve the contract between the City of Hugo and the Washington County Conservation District on an as -needed basis. All aye. Motion Carried. TRI CITIES COALITION MEETING (MARCH 20.2003) RESULTS AND ISSUES The Hugo City Council attended the third tri -cities coalition meeting on Thursday, March 20, 2003. There was excellent attendance by the three city councils, and also representation from the Town Manager for Columbus Township, new Anoka County Commissioner Rhonda Sivarajah, and Washington County officials, who also provided a resolution of support to join the tri -city coalition. The attendees discussed several issues, including the need for improvements to the I-35E/CSAH 14 interchange. The three respective mayors and all attendees agreed to bring back to their respective communities the issues of concern and to further enlist the formal support of the communities for a tri - city coalition effort to formulate a list of issues and concerns, which would be brought back to the next meeting scheduled for Thursday, May 15, 2003 at the Hugo City Hall. The issues central to the communities, township, and two counties are land use issues in and around the interchange, north to the CR97 exit into Forest Lake. City staff recommended Council discuss the issues and concerns presented at the meeting and to provide a formal letter notifying the coalition members of the results of the Council meeting. Council felt that the Planning Commission should be made a part of this discussion prior to sending the stated formal letter to coalition members. Miron made motion, Petryk seconded, directing staff to place this matter on Planning Commission agenda for their discussion. All aye. Motion Carried. ANNOUNCE TERM EXPIRATION ON CARNELIAN -MARINE WATERSHED DISTRICT Mayor Fran Miron publicly announced the expiration of term of office for a member of the Carnelian - Marine Watershed District Board of Managers and solicited interest from any resident who desires to have their name placed on a list of nominees to serve as a board manager for the Carnelian -Marine Watershed District. No formal Council action was required. City Council meeting of April 21, 2003 Page 8 RECOMMENDATION TO DENY LIQUOR LICENSE APPLICATION (CHARLES MIES) Charles Mies has made application to the City for a liquor license, which he intends to use at the End Zone bar. The Washington County Sheriffs Department completed its standard background investigation on this individual, and together with information by City staff, found irregularities. After discussion with the owner of the building, Len Minich, staff determined that the applicant has not obtained a viable lease and/or a contract on the purchase of the building. Because a viable lease agreement does not exist to allow use of the liquor license, City Attorney Dave Snyder recommended that the application be denied. Miron made motion, Petryk seconded, to accept the City Attorney's recommendation and deny the application from Charles Mies for a liquor license for the building currently known as the End Zone. The City Attorney shall draft a Findings of Fact outlining reasons for the application denial. All aye. Motion Carried. RECOMMENDATION FROM PARKS COMMISSION ON COST SHARING FOR CONSTRUCTION OF NEW BALLFIELD (HUGO ELEMENTARY SCHOOL) At its April 9, 2003 meeting, the Parks Commission met to discuss the construction of a new ballfield on the Hugo Elementary School site. Parks Commission Chair Robyn LaCasse stated that she has worked with WBL school district officials and obtained cost estimates for the project in the amount of $10,300 - $12,400, with the City's share estimated at $5,000. This project would be a joint powerstcooperative agreement similar to installation of the playground equipment. The Parks Commission voted unanimously to recommend to Council that it approve a not -to -exceed amount of $5,000 in park funds, and a donation request has already been made to the Dead Broke Saddle Club for $2,500. Miron made motion, Haas seconded, to approve a cost participation in construction of a new ballfield at the Hugo Elementary School in the amount of $2,500. All aye. Motion Carried. EXECUTIVE SESSION - RICHARD KNUTSON INC VS CITY OF HUGO LITIGATION Petryk made motion, Puleo 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. City Attorney Dave Snyder stated that he would continue to work with RKI to resolve the matter. City Council meeting of April 21, 2003 Page 9 ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Maryreager City C