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HomeMy WebLinkAbout2003.05.05 CC MinutesMINUTES FOR THE SPECIAL CITY COUNCIL MEETING OF APRIL 28, 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 Engineer, Dave Mitchell Chris Manthey, Washington County Sandy Cullen, Washington County REVIEW OF CSAR 8/14 REALIGNMENT PROJECT City Administrator Mike Ericson provided a brief introduction of the project to date. The City Council called this special workshop to allow itself the opportunity for an in-depth discussion. CD Director John Rask presented a 55 -minute Power Point presentation on the project. It included the background, history, financing, and thorough analysis of transportation, economic development, and land use issues. City staff recommended that Council remove the 145"' Street alignment from fiuther consideration due to the high cost and significant social impacts. CITY COUNCIL DISCUSSION Mayor Fran Miron complimented the citizens on their involvement in the project and for raising the 142od Street and 147* Street options, which were not part of the original alignment option plans. Council agreed that the decision would have a dramatic impact on people's lives. Mayor Miron agreed to take a few public comments on the project. Joe Marier, Bill Buystedt, and Keith Dippel spoke. All members of the Council agreed with staffs recommendation to remove the 145* Street alignment from fiuther consideration. Haas made motion, Granger seconded, to remove 145* Street from the realignment options. All aye. Motion Carried. Council took a five-minute recess at 9:08 pm. STAFF DIRECTION FOR MAY 5.2003 CITY COUNCIL MEETING Mayor Miron called the meeting back to order at 9:18 pm. Council discussed the Council meeting on May 5, 2003 and what additional information was necessary. Staff was directed to provide a concept plan for Stock Lumber's site, detailed financing information, including an explanation of tax abatement and from the WBL Recration Department, recreational use numbers and time useage schedule for ballfields in Lions Park. Pete Pedersen, Brad Diller from Westbrook Development, Sandy Malaski, and Len Pratt offered public comment to Council on the remaining 14204 Street and 147* Street options. ADJOURNMENT Puleo made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Michael A. Ericson City Administrator MINUTES FOR THE HUGO CITY COUNCIL MEETING OF MAY 5.2003 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 Mark Ann Creager APPROVAL OF MINUTES FOR COUNCIL WORKSHOP OF MARCH 31.2003 Haas made motion, Granger seconded, to approve the minutes for the Council workshop on March 31, 2003 as presented. All aye. Motion Carried. APPROVAL OF MINUTES FOR CITY COUNCIL MEETING OF APRIL 21.2003 Haas made motion, Granger seconded, to approve the minutes for the Council meeting of April 21, 2003 as presented. All aye. Motion Carried. APPROVAL OF MINUTES FOR BOARD OF REVIEW HELD ON MAY 1. 2003 Puleo made motion, Granger seconded, to approve the minutes for the Board of Review held on May 1, 2003 as presented. VOTING AYE: Granger, Puleo, Miron ABSTAINED: Petryk, Haas Motion Carried. APPROVAL OF AGENDA Remove G.10 from Consent Agenda Add J.4 — Discussion of Traffic Signal Work at 140'' Street and TH61 Add L.2 — Discussion of Traffic Control at CR4 and TH61 Add M.3 — Discussion of Planning Internship Miron made motion, Haas seconded, to approve the agenda for May 5, 2003 as amended. All aye. Motion Carried. CONSENT AGENDA Approval of Claims Approve City Commissioner Appointment Policy City Council meeting of May 5, 2003 Page 2 Approve Application for Water Ski Slalom Course for Sunset Lake (Dave Strub) Approve Variance for Almquist for Accessory Building Approve the CUP amendment for American Tower/Lessard Nyren for Antennas Approve Liquor, Tobacco, and Games Licenses for New Hugo American Legion Building Approve Performance Review and Six -Month Probationary Period for Public Works Lead Worker (Tom Smith) Approve Performance Review and Six -Month Probationary Period for Community Development Assistance (Michele Lindau) Approve Pay Request No. 2 from Fyle's Excavating for Work Completed on the West Oneka Lake Drainage System Approval of Temporary 3.2 Beer License for Carmen Guzman dba Embajorda Latina for May 25 and August 31, 2003 Rodeo to be Held at the Dead Broke Arena All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for May 5, 2003 as presented. APPROVE CITY COMMISSIONER APPOINTMENT POLICY At its April 21, 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 requested this matter be tabled until tonight's meeting, as he did not have time to review the changes. Adoption of the Consent Agenda approves the City Commissioner appointment policy as presented. APPROVE APPLICATION FOR WATER SKI SLALOM COURSE FOR SUNSET LAKE (DAVE STRUB) On behalf of the Sunset Lake Ski Club, Dave Strub has submitted an application for approval of the water ski slalom course. Staff has reviewed the application and found it to be satisfactorily completed. Adoption of the Consent Agenda approved the water ski slalom course application for Sunset Lake. APPROVE VARIANCE FOR ALMOUIST FOR ACCESSORY BUILDING Tim & Sharon Almquist are requesting a variance to permit an accessory building with an exterior finish that is inconsistent with the principal structure on property located at 9055 125th Street Court North. On April 24, 2003, the Board of Adjustments reviewed the request and recommended approval by a unanimous vote. In review of the request, the Board found that the accessory building would resemble the exterior of the home and would be screened from adjacent properties by trees. Adoption of the Consent Agenda approved the variance as recommended by the Board. APPROVE CUP AMENDMENT FOR AMERICAN TOWER/LESSARD NYREN FOR ANTENNA American Tower is requesting approval of a conditional use permit amendment to locate wireless antennas City Council meeting of May 5, 2003 Page 3 on an existing tower located at 17385 Forest Boulevard N. The existing tower is owned by Sprint and is located on the Lessard-Nyren Utilities property. On April 24, 2003, the Planning Commission reviewed the request and recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the conditional use permit amendment as recommended by the Planning Commission. APPROVE LIQUOR. TOBACCO, AND GAMES LICENSES FOR NEW AMERICAN LEGION CLUB BUILDING The new Hugo American Legion Post 620 building is scheduled for completion in late May 2003. Commander John Thomas has made application for an on -sale liquor license, tobacco license, and games licenses for the facility. The Washington County Sheriff s Department has completed its background investigation of the Hugo American Legion and found the organization to be reputable and in good standing. The application for the on -sale liquor license includes a certificate of liquor liability insurance consistent with City code. Adoption of the Consent Agenda approved the on -sale liquor license, and tobacco and games licenses for the new Hugo American Legion building on 14e Street. APPROVE PERFORMANCE REVIEW AND SIX-MONTH PROBATIONARY PERIOD FOR PUBLIC WORKS LEAD WORKER (TOM SMITH) In November 2002, the Hugo City Council appointed Tom Smith as the new lead worker in the Public Works Department. Over the past six months, Tom has worked very hard during his probationary period to develop his leadership skills as a valued member of the PW department. Tom has earned the respect of his coworkers and Public Works Director Chris Petree. Adoption of the Consent Agenda approved the appointment of Tom with regular employee status as the PW lead worker. APPROVE PERFORMANCE REVIEW FOR COMMUNITY DEVELOPMENT ASSISTANT (MICHELE LINDAU) Michele Lindau was hired by the City on a full-time basis on May 1, 1999. Over the past four years, Michele has worked for the City in a variety of capacities, and over the past year, as the City's Community Development Assistant. In her new role, she serves as the support staff person for the Planning Commission and is directly responsible for preparation of the PC agendas and all accompanying material. She also serves as the City's GIS staff person and is responsible for generating all mapping. She also assists City Clerk Mary Ann Creager with the City's elections, and her background and experience helped to make the elections run very smoothly. Michele is an extremely valued member of the City Hall team and has a very cooperative can -do attitude. Adoption of the Consent Agenda approved the performance review for Michele Lindau. APPROVE PAY REQUEST #1 FROM FYLE'S EXCAVATING FOR WORK COMPLETED ON THE WEST ONEKA LAKE DRAINAGE SYSTEM Fyle's Excavating has submitted pay request #2 for work completed to date on the West Oneka Lake Drainage System project. Water Resource Engineer Pete Willenbring from WSB Engineers has reviewed the pay request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved payment to Fyle's Excavating in the amount of $27,067.40. City Council meeting of May 5, 2003 Page 4 APPROVE TEMPORARY 3.2 BEER LICENSE FOR CARMEN GUZMAN DBA EMBAJORDA LATINA FOR MAY 25 AND AUGUST 31, 2003 RODEO HELD AT THE DEAD BROKE SADDLE CLUB ARENA Carmen Guzman made application on behalf of Embajorda Latina for a temporary 3.2 beer license for two Hispanic rodeos to be held on May 25 and August 31, 2003 at the Dead Broke Saddle Club arena. The City's liquor license ordinance allows for a non-profit organization that provides a community benefit to sell 3.2 beer for special events. City staff has reviewed all application material with the State Liquor Control Board and City Attorney Dave Snyder and has found it to be satisfactorily complete. City staff recommends Council approve two temporary 3.2 beer licenses for Embajorda Latina for rodeos to be held on May 25 and August 31, 2003 at the Dead Broke Saddle Club arena APPROVAL OF FINAL PLAT AND DEVELOPMENT AGREEMENT FOR FABLED HILLS AKA LEGACY (LEN PRATT) Developer Len Pratt made application for approval of final plat and Development Agreement for the residential subdivision now known has Fabled Hills, formerly known as Legacy. CD Director John Rask and Planner Kendra Lindahl reviewed the application and found it to be satisfactorily complete. Council member Petryk stated that she had contacted by a constituent with a property line question. Mr. Pratt stated that he had discussed the concern with the resident and that there is now no difference in opinion with the property line. Petryk made motion, Granger seconded, to adopt RESOLUTION 2003-22 APPROVING FINAL PLAN AND DEVELOPMENT AGREEMENT FOR DEVELOPMENT KNOWN AS FABLED HILLS. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. BEIP 5rH ADDITION PUBLIC IMPROVEMENT PROJECT On April 16, 2003, Jay Kennedy from WSB Engineers and City staff opened the bids for the BEIP P Addition Public Improvement Project. City staff has been working to review the detailed list of bid items in addition to the alternate bid, which staff requested to secure dirt that is required to raise the site. Staff is satisfied that the base bid submitted by T.A. Schifsky and Sons, Inc., will be sufficient to complete the work on the project. Staff did not recommend that Council award the project to include the alternate bid for additional fill. Jay recommended Council award the project to low bidder T.A. Schifsky. Haas made motion, Granger seconded, to award the contract for the BEIP P Addition project to the T.A. Schifsky and Sons, Inc., in the low bid amount of $300,917.75. All aye. Motion Carried. APPROVE RECOMMENDED ALIGNMENT FOR CSAH 8/14 PROJECT At its April 28, 2003 workshop, the Council discussed the CSAH 8/14 realignment project. The Council City Council meeting of May 5, 2003 Page 5 unanimously voted to remove the existing CSAH 8/145th Street alignment from finther consideration. Council directed staff to prepare materials for discussion at the May 5, 2003 Council meeting in order for the Council to make a final recommendation on the alignment. Staff was also directed to include a concept plan for the redevelopment of the Stock Lumber site, provide additional tax abatement financing information, and obtain recreational use numbers for Lions Park from the WBL Parks and Recreation Dept. Staff included the information for review by Council, as well as an additional copy of the excellent Power Point presentation by CD Director John Rask at the meeting. City staff recommended that Council select from the two remaining alignments, lVd or 147h, as the preferred alignment, and to forward that recommendation to the Washington County Board. Mayor Miron thanked everyone involved in the selection process, especially the public, stating that it was one of the most difficult decision any Hugo City Council has had to make. Council members who had made up their minds outlined reasons for supporting their selection. Puleo made motion Haas seconded, to select the 147h Street alignment for the CSAH 8/14 project. VOTING AYE: Haas, Puleo VOTING NAY: Granger, Petryk, Miron Motion Failed. Puleo made motion, Miron seconded, to select the 142nd/ 143rd Street alignment for the CSAH 8/14 project. VOTING AYE: Granger, Petryk, Miron VOTING NAY: Haas, Puleo Motion Carried. DISCUSSION OF CITY COUNCIL LIAISONS TO COMMISSIONS Mayor Fran Miron requested that the issue of City Council member liaisons to the City's Commissions be placed on a Council agenda for discussion. The Hugo City Council's practice of selecting Council member liaisons to Commissions was done on an informal basis without an adopted policy, and Mayor Miron felt that because the City now has adequate staff, they can relay Commission's recommendations to Council eliminating the need for the liaison. Miron made motion, Petryk seconded, that the City discontinue the "official liaison" process established by the City Council. All aye. Motion Carried. APPROVE PARK DEDICATION ORDINANCE AMENDMENT At its March 13, 2003 meeting, the Hugo Planning Commission held a public hearing to discuss the City's parkland dedication requirement, which is currently set at 7% of the net acres included in a residential plat. The PC solicited public comment on the issue and none was received. The PC unanimously recommended the increase to 10%. City staff recommended Council approve the increase in the parkland dedication requirement to 10% after publication of ordinance. City Council meeting of May 5, 2003 Page 6 Miron made motion, Petryk seconded, to adopt ORDINANCE 2003-373 AN ORDINANCE AMENDING CHAPTER 1215-040.1 BY REVISING THE PARK DEDICATION REQUIREMENTS. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Miron made motion, Haas seconded, to adopt RESOLUTION 2003-23 APPROVING FINDINGS OF FACT FOR AMENDING THE PARK DEDICATION REQUIREMENTS BY INCREASING THE AMOUNT OF LAND DEDICATION FROM 7% TO 10% AND PROVIDING CRITERIA FOR THE COLLECTION OF PARK FEES. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. SCHEDULE WORKSHOP WITH BEIP BUSINESS OWNERS On April 11, 2003, Mayor Fran Miron, CD Director John Rask, and City Administrator Mike Ericson met with John and Joel Schwieters to discuss their business operation, including their interest in the construction of a fourth building in the BEIP. The TIF shortfall was also discussed, and the Mayor and staff agreed to hold a special meeting with the Schwieter brothers, City Assessor Frank Langer, and Financial Advisors Nick Dragisich and Paul Steinman from Springsted, to review the TIF shortfall issue in more detail. On April 23, 2003, staff met with the Schwieter brothers to discuss market valuation of their three buildings, as well as the TIF shortfall. Staff requested Council consider scheduling a workshop with the BEIP business owners to follow up on a meeting held last fall, where the Council unanimously agreed to support a 50/50 cost sharing of the TIF shortfall. Council member Granger stated that he needed additional feedback from previous meetings before another workshop is scheduled. Miron made motion, Petryk seconded, to table this matter for more information from staff. All aye. Motion Carried. REVIEW CHANGE ORDER FOR JD2 CULVERT AT 157m STREET Mayor Fran Miron requested that this issue be placed on the Council agenda for discussion. City Engineer Dave Mitchell outlined the problematic situations at the 16516 and 157th culvert construction sites. A change order will be required for the project, but it is premature to submit a formal change order at this time. Miron made motion, Petryk seconded, directing staff to secure more information regarding the following and report to the City Council: 1) specific changes to the plans and specifications and reasons for the changes; 2) potential cost for the needed changes; and 3) who will be responsible to pay for additional costs. All aye. Motion Carried. City Council meeting of May 5, 2003 Page 7 RECOMMENDATION FROM PLANNING COMMISSION TO APPROVE AMENDED CUP FOR MUZZLELOADERS BALD EAGLE SPORTSMAN ASSN) At its April 24, 2003 meeting, the Hugo Planning Commission held a public hearing to discuss the amendment to the CUP requested by the BESA for the use of muzzleloader rifles. Public testimony was taken by the PC, and after considerable discussion, the PC voted 5 to 2 to recommend that the CUP be amended to allow the discharge of muzzleloader rifles. City staff recommended that Council accept the recommendation from the PC and allow for the amendment to its CUP for the discharge of muzzleloader rifles. Although the City met its public hearing obligation at the PC level, the Mayor and Council agreed to take limited additional public comment on this issue. City Attorney advised Council member Puleo that even though he is a member of the BESA, that he would be able to vote on the matter because he would not realize any financial gain in the proposed change to the CUP. Jean Melanco and Clifford Axelson addressed the Council requesting denial of the club's request. Resident John Daniel did not object to the sound of gunfire. Mayor Miron suggested to gun club representatives keep surrounding neighbors informed of the club's monthly activities in an effort to be a "good neighbor". Council member Granger suggested mailing their monthly schedule to neighbors. Haas made motion, Granger seconded, to accept the recommendation from the Planning Commission and modify Condition #21 to allow use of muzzleloaders at the gun club site. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. RECOMMENDATION FROM PARKS COMMISSION TO REVIEW PROPOSED PURCHASE OF ONEKA RIDGE GOLF COURSE At its April 9, 2003 meeting, the Hugo Parks Commission listened to a proposal from Harlee Anderson, one of the owners of the Oneka Ridge Golf Course, soliciting the City's interest in purchasing of the golf course. Harlee stated that the owners had received at least one purchase agreement for the sale of their golf course, which he and other family members feel strongly that they wish it to remain open space, with the preservation of the rural area around it. The Parks Commission unanimously voted to recommend to the Council that they consider this proposed public purchase of the property and to further direct staff to begin extensive research and hold public discussions on the merits of this proposal. Council concurred with the recommendation from the Parks Commission and made the following motion: Miron made motion, Petryk seconded, to form a committee of Council members Mike Granger and Chuck Haas, Parks Commissioner Pete Pedersen, and City staff to investigate the proposal and report to Council. All aye. Motion Carried. SALE OF JIM LEMOINE PROPERTY FOR PARKLAND In October 2002, the Council considered a proposal from Jim LeMoine, who lives at 14451 Homestead Avenue, requesting approval of a buildable homesite on his property. The Planning Commission City Council meeting of May 5, 2003 Page 8 recommended that the request be denied and the Council approved the denial of the buildable lot application. Mr. LeMoine would like to sell his land to the City for parkland. Because of the late hour: Miron made motion, Puleo seconded, to table this matter until the Council meeting of May 19, 2003. All aye. Motion Carried. DRAINAGE PROBLEM AT 146M STREET AND TH61 (MIKE ATKINSON) Mike Atkinson, owner of property near the traffic control construction site at 140' Street and TH61, approached the City regarding a drainage problem at the northeast corner of the intersection. City Engineer did not feel that anything should be altered now, and that improvement to the intersection would cost approximately $8,000. He was not sure MnDOT would be willing to participate in additional improvement cost. Miron made motion, Granger seconded, directing staff to work with MnDOT to make drainage correction in design to accommodate Mike Atkinson with respect to safety and aesthetics. Miron made motion, Granger seconded, to amend the previous motion to go ahead with improvements/correction if cost does not exceed $10,000. VOTE ON AMENDMENT: All Aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. 2003 LMC AWARDS PROGRAM — CITY HALL PROJECT Mayor Fran Miron discussed with City Administrator Mike Ericson the submittal of the City Hall project and LMC city achievement award in the category of community development projects. City staff sou#it direction from Council as to the submittal of this application to the League for this award. Miron made motion, Granger seconded, directing staff to fill out the application and submit to the LMC. All aye. Motion Carried. TRAFFIC CONTROL (CR4 AND TH61) Grange made motion, Miron seconded, directing staff and City Engineer Dave Mitchell to work with MnDOT to install some kind of traffic control devices to prevent accidents at the hazardous intersection. All aye. Motion Carried. MAY 17.2003 HFI) CAPITAL CITY MUTUAL AID TRAINING EXERCISE Fire Chief Jim Compton scheduled a comprehensive mutual aid fire training exercise for Saturday, May 17, 2003 on the site of 13761 Elmcrest Avenue. Chief Compton personally invited Council members and staff to attend the training exercise. The newly acquired infrared camera will be used. City Council meeting of May 5, 2003 Page 9 PELOOUIN INDUSTRIAL PARK PUBLIC NOTICE — MEETING WITH WHITE BE PRESS OFFICIALS City staff has spoken with WB Press officials about publication problems, and why the WBP has failed to meet its obligations, including deadlines for publishing of public notices. City Administrator Mike Ericson shared information with Council on this issue, which has necessitated the move back of the Peloquin Industrial Park project and the rebidding of the remainder of the work from May 5th to May 19th. No formal Council action was required. PLANNING INTERNSHIP City staff met recently with a senior from St. Cloud State, who approached the City about serving as a planning intern this summer. Miron made motion to table this issue to obtain more information. Motion failed for lack of second. Granger made motion, Puleo seconded, authorizing staff to pursue hiring a summer planning intern and bring issue to May 19, 2003 City Council for discussion. All aye. Motion Carried. LITIGATION flM VS. CITY OF HUGO) City Attorney Dave Snyder will continue to work to resolve the lawsuit between Richard Knutson, Inc., and the City of Hugo. ADJOURNMENT Miron made motion, Granger seconded, to adjourn at 10:00 pm. All aye. Motion Carried. C��w Mary Citv :JCreager