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HomeMy WebLinkAbout2003.06.02 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JUNE 2.2003 Acting Mayor Chuck Haas opened the meeting at 7:05 pm. PRESENT: Granger, Haas, Puleo, Miron (Mayor Miron arrived at 7:35 pm.) City Administrator Michael Ericson CD Director John Rask City Planner Kendra Lindahl City Attorney Dave Snyder City Engineer Dave Mitchell WaterResource Engineer Pete Willenbring City Clerk Mary Ann Creager ABSENT: Becky Petryk MINUTES FOR THE TRI -CITIES COALITION MEETING OF MAY 15, 2003 Haas made motion, Granger seconded, to approve the Tri -cities Coalition minutes for the May 15, 2003 meeting as presented. All aye. Motion Carried. MINUTES FOR THE CITY COUNCIL MEETING OF MAY 19.2003 Granger made motion, Haas seconded, to approve the minutes for the May 19, 2003 City Council meeting as presented. All aye. Motion Canned. APPROVAL OF AGENDA Move F.1 to City Council meeting of June 16, 2003 Add new F.1— Present Keys to the City at Good Neighbor Days Delete GA from the Consent Agenda Add L.3 — Washington County Hazard Mitigation Resolution Haas made motion, Granger seconded, to approve the agenda for June 2, 2003 as amended. All aye. Motion Carried. KEYS TO THE CITY On Friday, June 6, 2003, Mayor Fran Miron will present "Keys to the City" to radio personalities Ian Punnett and Cathie Hartnett from FM107.1 at Good Neighbor Days. The City is honored to have them participate in the Good Neighbor Days parade. CONSENT AGENDA Puleo made motion, Granger seconded, to approve the following Consent Agenda: City Council meeting of June 2, 2003 Page 2 Approval of Claims Accept Donation from Arlene Leyden for Joe Gamboni Memorial for the HFD Accept Donation from Marvella Gamboni for Joe Gamboni Memorial for the HFD Approve Performance Review for Building Official (John Benson) Approve Variance Request for Pole Building (Shimota) Approve Variance Request for Garage (Sullivan) Approve Variance Request for Accessory Building Setback (Wilson) Approve PUD Amendment for Fabled Hills Subdivision (Len Pratt) Approve Conditional Use Permit for Home Occupation in Accessory Building (Malstrom) Approve Final Draft of Purchase Agreement with Jeff Olson for Lot 5 in BEIP 5'" Addition All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for June 2, 2003 as presented. ACCEPT DONATION TO THE HFD FROM ARLENE LEYDEN FOR JOE GAMBONI MEMORIAL Mrs. Arlene Leyden made a $25 donation to the Hugo Fire Department for the Joe Gamboni memorial. Her cousin is Mrs. Marvella Gamboni and Arlene wishes to make the donation in recognition and appreciation of Marvella's husband, Joseph Gamboni. Adoption of the Consent Agenda accepted the $25 donation from Arlene Leyden for the HFD. ACCEPT DONATION TO THE HFD FROM MARVELLA GAMBONI FOR JOE GAMBONI MEMORIAL Mrs. Marvella Gamboni made a $100 donation to the Hugo Fire Department in honor of her husband Joe Gamboni, a long time member of the HFD. In respect and recognition of Joe's 28 years of service to the HFD, adoption of the Consent Agenda accepted the $100 donation to the HFD on Mrs. Gamboni's behalf. APPROVE PERFORMANCE REVIEW FOR BUILDING OFFICIAL (JOHN BENSON) John Benson was hired by the City of Hugo on May 9, 1988, and recently celebrated 15 years of employment. As the City's chief building official, John's responsibilities lie within the area of building inspections, interpretation of building codes, and code enforcement activities. John is a conscientious worker, whose reliability and enthusiasm for the job are matched only by his good sense of humor. As the leader of the building department team, John is an excellent employee who provides a high quality of service to contractors and residents. CD Director John Rask and City Administrator Mike Ericson recommend that Council approve John's performance review. Adoption of the Consent Agenda approved the job performance of the City's building official John Benson. City Council meeting of June 2, 3003 Page 3 APPROVE VARIANCE REQUEST FOR POLE BUILDING (SHIMOTA) Leonard and Rita Shimota requested variances to exceed the maximum size permitted for an accessory building and permit an accessory building with an exterior finish that is inconsistent with the principal structure on property located at 9824140th Street North. On May 22, 2003, the Board of Zoning Adjustments recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the variances for Len and Rita Shimota, as recommend by the Board. APPROVE VARIANCE REQUEST FOR GARAGE (SULLIVAN) John and Susanne Sullivan requested a variance to exceed the maximum size of permitted garage space for construction of a new home on property located at 9079 170th Street North. On May 22, 2003, the Board of Zoning Adjustments recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the variance request of John and Susanne Sullivan, as recommend by the Board. APPROVE VARIANCE REQUEST FOR ACCESSORY BLDG SETBACK (WILSON) Max & Cheryl Wilson requested a variance to permit a 20 -foot side yard setback for the construction of a 1,200 square foot accessory building on property located 14880 Homestead Avenue North. On May 22, 2003, the Board of Zoning Adjustments recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the variance of Max and Cheryl Wilson, as recommend by the Board. APPROVE PUD AMENDMENT FOR FABLED HILLS SUBD (LEN PRAT]) Lakeview Hugo LLP, is requesting approval of a PUD amendment for Fabled Hill (formerly called Legacy) located east of Elmcrest Avenue, west of Europa Avenue and South of 140th Street to add the property located at 13507 Elmcrest Avenue to the PUD and amends the development standards for the project. The Planning Commission reviewed the matter at its May 22, 2003 meeting and voted unanimously to recommend approval of the request. Adoption of the Consent Agenda approved the PUD amendment as recommended by the Planning Commission. APPROVE CUP FOR HOME OCCUPATION IN ACCESSORY BLDG (MALSTROM) Walter and Nancy Malmstrom requested a conditional use permit to teach art lessons in their home and detached garage on property located at 16011 Harrow Avenue North. The zoning ordinance permits home occupations in the home as a permitted use; further, the ordinance allows home occupations in an accessory building subject to approval of a conditional use permit On May 22, 2003, the Planning Commission considered the conditional use permit and recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the conditional use permit as recommend by the PC. At its May 19, 2003 meeting, the Council approved the draft Purchase Agreement for the sale of Lot 5 in the BEIP 5i° Addition to Jeff Olson, owner of Olson Tool in the Peloquin Industrial Park. Staff completed the final work on the Agreement, and upon recommendation from City Attorney Dave City Council meeting of June 2, 2003 Page 4 Snyder, adoption of the Consent Agenda approved the final draft for the Purchase Agreement with Jeff Olson for Lot 5 in the BEIP 5d Addition. PEDDLER'S ORDINANCE In the fall of 2002, the Council considered a draft ordinance that would allow the City of Hugo to regulate peddlers and transient merchants in the City. After considerable discussion, including concerns from Council member Frank Puleo, staff was directed to bring a revised version of the ordinance for consideration by Council. Staff brought the draft ordinance back to Council for direction as to specific requests for changes and/or amendments to the draft ordinance. This issue was tabled from the May 19, 2003 City Council meeting due to the absence of Council member Frank Puleo. Council requested that Section 16 be changed by adding "unless approved by the City Council' to the end of the sentence. Granger made motion, Haas seconded, to adopt ORDINANCE 2003-374 AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS. VOTING AYE: Granger, Haas, Puleo Motion Carried. SF 842 MINNESOTA CITIZENS PERSONAL PROTECTION ACT OF 2003 The Minnesota State Legislature has approved legislation that will now allow citizens to conceal and carry handguns under the Minnesota Citizens Personal Protection Act of 2003. The results of this new state legislation have an affect on citizens and the public use of municipal buildings. Municipal buildings and city halls can not prohibit the concealment and carrying of handguns in them. City Attorney Dave Snyder received a significant amount of information regarding this issue, and staff requested Council review the new state statute should the Council seek to prohibit hand guns in city hall and all municipal buildings in the City of Hugo. Council concurred to allow the new law to stand on its own and the City address the use of hand guns by employees as a personnel issue. No formal Council action was taken. ATKINSON DITCH PROJECT At its May 19, 2003 meeting, the Council discussed with resident Mike Atkinson his desire to fill the MnDOT ditch in front of his home on TH61. The City Council directed the City Engineer to find a solution for the project. City Engineer Dave Mitchell provided an update on the ditch project stating they he is to working with MnDOT in an effort to complete the project. Dave will keep Council informed as the status of this project. APPROVE VARIANCE REQUEST FOR POLE BUILDING (BAHMI MAYOR MIRON ARRIVED AT 7:35PM. Raymond Bahm requested variances to exceed the maximum size permitted for an accessory building and permit an accessory building with an exterior finish that is inconsistent with the principal structure on property located at 6310132nd Street North. At the Board of Zoning Adjustments meeting on May City Council meeting of June 2, 2003 Page 5 2, 2003, the Board voted to forward the application to the City Council without a recommendation. There were only two Board members present and they were split on their recommendation, therefore, this matter was forwarded to the City Council without a recommendation. Mr. Bahm addressed the Council and stated that he would like the building to store collector cars that he was restoring, as well as store "most" of his possessions. He stated that he did not believe he could get all of his tractors and trailers under cover. Because a possible condition of approval is inside storage of all vehicles and trailers, Council member Granger requested an inventory of what is owned by Mr. Bahm and what he intends to store inside and outside on his property. Granger made motion, Haas seconded, to table this matter to allow staff to meet with Mr. Bahm to review the storage issue and prepare an inventory of all tractors, trailers, and vehicles. All aye. Motion Carried. MN STATE LEGISLATURE ACTIONS — UNFREEZE CITY EMPLOYEE WAGES At its March 3, 2003 meeting, the Council listened to a staff review of Governor Tim Pawlenty's proposed budget cuts to cities. Upon a recommendation from Finance Director Ron Otkin, the Council agreed to freeze the wages and salaries of all city employees until the Minnesota State Legislature finished its work. On May 27, 2003, the legislature reached an agreement on local government aid and levy limits. The bill does not contain the governor's original pay freeze proposal for public employees. In addition, levy limitations for 2004 will not be as severe as was anticipated. Based on this optimistic financial news, Finance Director Ron Otkin and City Administrator Mike Ericson recommend that the Council 1) lift the suspension of the salary step increases contained in the salary matrix, 2) provide retroactive pay adjustments for those employees whose employment anniversary dates have already passed, and 3) restore the hourly pay of the seasonal public works employees to $11.50. Haas made motion, Granger seconded, to schedule a budget workshop for Monday, June 30, 2003 at 7:30 pm. Staff will provide a six-month budget update for review by Council at this meeting. All aye. Motion Carried. JD2 CULVERT REPLACEMENT PROJECT UPDATE On May 28, 2003, City staff and officials from the RCWD met with property owners in and around the culvert replacement projects on 16516 Street and 157d' Street. Mayor Miron led discussion on the issue with the neighbors, who discussed their displeasure over how the project has gone to date. Mayor Miron provided a brief update to Council on the project stating that both areas are in need of additional work. Also, a bituminous canoe launch was provided at each site without prior City approval. No formal Council action was taken. APPROVE VARIANCE REQUEST FOR HOME ADDITION (GRESSEN) Greg and Cara Giessen requested a variance to permit a 13 -foot side yard setback for garage and living space addition to their home located at 8620 126th Street North. At the Board of Zoning Adjustments meeting on May 22, 2003, the Board voted to forward the application to the City Council without a City Council meeting of June 2, 2003 Page 6 recommendation as there were only two Board members present and they were split on their recommendation. Mr. Gressen and Council discussed the variance request, as well as the possibility of constructing an accessory building between the house and Irish Avenue. Council determined that this location would be considered a side yard when considering setbacks. Mr. Gressen's neighbor, Tim Elms, stated that he opposed granting of the variance because of his desire to keep open space near his residence. Mayor Miron stated that the Council is not here to pit neighbor against neighbor. Miron made motion, Haas seconded, to deny the variance request of Greg Gressen. Greg Gressen verbally withdrew his application for a variance. Miron made motion, Puleo seconded, to deny Mr. Gressen's request. All aye. Motion Carried. Puleo made motion, Granger seconded, to table the variance application to allow applicant to work with staff to determine how he can apply for a permit to construct a detached accessory building on his property without the need of a variance. All aye. Motion Carried. APPROVE PRELIMINARY PLAT AND PUD FOR DIAMOND POINT EAST AND WEST Emmerich Development Corporation requested a comprehensive plan amendment, rezoning to PUD, PUD general plan and preliminary plat for "Diamond Point East" and "Diamond Point West" consisting of 175 homes on 239 -acres located on both sides of Goodview Avenue, south of 145i6 Street. At its May 22, 2003 meeting, the Hugo Planning Commission considered the requests and voted unanimously to recommend approval of the requests, but staff recommended that the item be tabled to allow additional time for the applicant to work with the City to resolve the outstanding issues related to the road, drainage, and phasing. City planner Kendra Lindahl provided a brief overview of the proposed developments and Water Resource Engineer Pete Willenbring touched on how drainage for the development would be handled; specifically, the need for ditch cleaning from Egg Lake to Rice Lake. Before any drainage work is performed, permission will be required from the DNR and the RCWD. Council member Granger identified his concerns: keep development traffic from using northern route; not enthused about expanding the MUSA; would like a fixed amount for improvements to Goodview Avenue; and address drainage issues. Floreen Meyer thought the MUSA timeline should not be accelerated and expressed concern with the increased traffic. Jean Strub asked if she would be assessed for the public improvements and stated that she thought Goodview Avenue was fine in its present condition. John Waller suggested the relocation of the CR8/Goodview Avenue intersection to improve site distance. He also expressed concern with drainage in the area and that the developments would certainly change the dynamics of existing drainage. Miron made motion, Haas seconded, to table this issue to the Council meeting of June 16, 2003. All aye. Motion Carried. City Council meeting of June 2, 2003 Page 7 APPROVE ORDINANCE ADOPTING NEW MN STATE BLDG CODE (2000 IBC & IRC) The MN State Building Code incorporates both the 2000 IBC ((International Building Code) and 2000 IRC (International Residential Code), which makes significant changes in how residential buildings are constructed in the State of Minnesota. After review by City staff and City Attorney Dave Snyder, staff presented an ordinance recommended for adoption, which incorporates the new MN State Building Code as the official building code in the City of Hugo. CD Director John Rask reviewed with Council the pertinent issues of the new code. He asked if Council was interested in grading permits and fire suppression for smaller buildings. The Council expressed concern that there would be duplication in requirements, as well as their desire that the ordinance be the least restrictive as possible. Miron made motion, Haas seconded, to table this matter until presented by staff for further Council consideration. All aye. Motion Carried. AMEND CUP FOR ALLOWED RODEOS (RAMBERG) Daniel Ramberg requested a conditional use permit amendment to modify the permitted number of rodeo events allowed on property located at 5676 17& Street North. Currently, the conditional use permit allows three rodeos, not to exceed 12 days per year. The applicant would like to have more than three rodeos, but would not exceed 12 days during the calendar year. On May 22, 2003, the PC reviewed the conditional use permit amendment and recommended approval by a unanimous vote. Haas made motion, Puleo seconded, to approve the amended conditional use permit for Daniel Ramberg to modify the permitted number of rodeo events allowed on property located at 5676170th Street. All aye. Motion Carried. AMEND CUP FOR LANDSCAPE BUSINESS (IOEGER) Kieger Enterprises requested a conditional use permit amendment to allow a garden center and landscape supply business on property located at 5885-165`h Street North. On May 22, 2003, the Planning Commission unanimously recommended approval of the conditional use permit. Staff recommended approval of the conditional use permit amendment with the conditions included in the resolution. CD Director John Rask stated that he had made an on site inspection of the property and most of the clean up work has been completed. Haas made motion, Granger seconded, to adopt RESOLUTION 2003-27 APPROVING A CUP AMENDMENT FOR A LANDSCAPE BUSINESS AND GARDEN CENTER AT 5885 165TH ST. VOTING AYE: Granger, Haas, Miron ABSTAINED: Frank Puleo Motion Carried. City Council meeting of June 2, 2003 Page 8 PLANNING COMMLSSION REQUEST FOR INCREASE IN PROPERTY OWNER NOTIFICATION DISTANCE REQUIREMENT At its May 22, 2003, the Hugo Planning Commission discussed the current notification distance requirement, which is set by state statute at 350 feet. All property owners within a 350 foot radius of a proposed project or development are notified of the project or development in accordance with state statute. The PC felt that an additional distance requirement is necessary when residents state publicly in front of the PC that they did not receive notification of the project or development. Staff placed this issue on the agenda for discussion by Council and to allow a complete and full understanding of the legal issues raised by an increase of the distance requirements, which may be arbitrary and capricious. Council member Puleo did not feel there was any need to change the distance notification requirement; there would always be someone stating that they had not been notified. Miron made motion, Puleo seconded, to maintain the current policy with respect to property owner notification and distance. All aye. Motion Carried. HUGO AMERICAN LEGION PARKING LOT PAYMENT The American Legion Building Committee discussed with Legion officials the purchase price for the one acre parcel, which was discounted in accordance with the tax increment financing calculations. The $21,000 was escrowed by Finance Director Ron Otkin, and the Legion has requested that the amount be returned in order to pay for additional costs for the blacktopping of the parking lot. The committee met on Friday, May 30, 2003 and discussed the issue, and recommended that the Council approve the return of the $21,000 in escrow funds to the Hugo American Legion. Haas made motion, Granger seconded, to approve the return of $21,000 in escrow funds to the Hugo American Legion Post 620. All aye. Motion Carried. APPROVE PERFORMANCE REVIEW FOR CITY ADbUMSTRATOR (MIKE ERICSON) On April 17, 2000, Mike Ericson began work as the new City Administrator for the City of Hugo. Over the past three years, there has been a colloraborative effort of the Council and City Hall team to achieve a higher standard of service levels, while establishing annual goals for the City. This year, Council members graded the performance of the administrator with individually prepared performance review forms. City Attorney Dave Snyder assembled the reviews collectively, and provided a report for consideration by Council. Haas made motion, Miron seconded, to accept the performance review report for City Administrator Mike Ericson, as assembled by City Attorney Dave Snyder. All aye. Motion Carried. City Council meeting of June 2, 2003 Page 9 TH61 AND 170TH STREET TRAFFIC CONTROL ISSUES As part of the focus on traffic control issues on TH61 and 17& Street, the Washington County Sheriff's Department deployed high concentrations of patrol deputies to the area as part of the ACCIDENT REDUCTION PROJECT, which complements the "May Mobilization Drive" running through June lo. The goal of the project is to reduce the incidents of accidents, as well as the severity of injuries. There were a total of 22 citations and tickets issued by the WCSO last week in a concentrated effort over rush hour traffic to educate and inform drivers of the TH61 and 1700 Street intersection. Additionally, staff is proceeding with Council direction to seek additional traffic control devices in the area. No formal Council action was required. HARDWOOD CREEK TRAIL PAVED BY CREEKVIEW PRESERVE At its May 19, 2003, the Council directed staff to pave the section of the Hardwood Creek trail near the Creekview Preserve neighborhood with a temporary lift of bituminous in order to allow bikes, rollerbladers, and walkers the opportunity to have a smooth paved surface. Staff reported to Council that the trail was paved on Friday, May 23, 2003. No formal Council action was required. WASHINGTON COUNTY RESOLUTION The City received a resolution from Washington County requesting Hugo's support of the County's hazard mitigation planning effort. Miron made motion, Granger seconded, to adopt RESOLUTION 2003-28 A RESOLUTION TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS WITH WASHINGTON COUNTY. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Mary An reager City C r