HomeMy WebLinkAbout2003.07.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 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 Planner Kendra Lindahl
City Attorney Dave Snyder
City Engineer Dave Mitchell
Water Resource Engineer Pete Willenbring
City Clerk Mary Ann Creager
MINUTES FOR CITY COUNCIL TIF WORKSHOP OF JUNE 13.2003
Haas made motion, Puleo seconded, to approve the Council workshop meeting minutes for June 13,
2003 as presented.
All aye. Motion Carried.
MINUTES FOR CITY COUNCIL MEETING OF JUNE 16.2003
Granger made motion, Haas seconded, to approve the minutes for the June 16, 2003 City Council
meeting as presented.
All aye. Motion Carried.
APPROVAL OF AGENDA
Consent Agenda items G.34-5-6 add following language: subject to non -substantive staff changes.
Add G.13 — Approve Reinstatement of Dean White to Active Member of the Hugo Fire Department
Add M.3 — Discussion of Grant Application for Rice Property
Miron made motion, Haas seconded, to approve the agenda for July 7, 2003 as amended.
All aye. Motion Carried.
STATE REPRESENTATIVE REBECCA OTTO (LEGISLATIVE UPDATE)
State Representative Rebecca Otto requested an opportunity to provide the Council with an update on
the 2003 Minnesota State Legislative Session. She has also requested input from Council on any issues
Council members deem important for the City of Hugo in the 2004 legislative session. She provided
Council with copies of her 2003 legislative report. City officials requested her cooperation with: the
Tri -Cities Coalition; the WBL school referendum; and stormwater drainage problems. -`
CONSENT AGENDA
Haas made motion, Petryk seconded, to approve the following Consent Agenda:
City Council meeting of July 7, 2003
Page 2
Approval of Claims
Approval of Findings of Fact for MUSA Line Adjustment
Approve Site Plan and Purchase Agreement for Rinc-Tec in BEIP 516 Addition
Approve Site Plan and Purchase Agreement for Grant Barrette in BEIP 516 Addition
Approve Site Plan and Purchase Agreement for White Bear Electric in BEIP 51b Addition
Approve Site Plan and Purchase Agreement for J. Olson Tool in BEIP 516 Addition
Approve Encroachment Agreement for Deck (Carlson)
Approve Variance Request for Deck (Pleau)
Approve Variance for Oversized Garage (Al Parent Construction)
Approve False Alarm Ordinance Amendment
Approve Annual Performance Review and Salary Adjustment for Lead PW Worker (Tom Smith)
Accept Resignation of Video Technician (Jennifer Van Dyke)
Approve Reappointment of Dean White to Full -Time Active Status on the Hugo Fire Department
All aye. Motion Carried.
APPROVAL OF CLAIMS
Adoption of the Consent Agenda approved the claims roster for July 7, 2003 as presented.
APPROVAL OF FINDINGS OF FACT FOR MUSA LINE ADJUSTMENT
At its June 16, 2003 meeting, the Council considered a MUSA line adjustment for property located
generally around the intersection of TH61 and 16516 Street. This property had been omitted in Council's
adoption of the 1999 zoning map, and subsequent to the City's comprehensive plan being adopted by the
Met Council in December 2002, staff brought this issue forth to the Planning Commission at its June 12,
2003 meeting where it was approved unanimously. Council directed staff to prepare the Findings of
Fact for this MUSA line adjustment. Adoption of the Consent Agenda approved the Findings of Fact
(Resolution 2003-36) for the MUSA line adjustment and further directed staff to submit this adjustment
to the Metropolitan Council for approval.
APPROVE SITE PLAN AND PURCHASE AGREEMENT FOR RINK -TEC IN BEIP 5m
ADDITION
Rink -Tec Arena Specialists requested site plan approval to construct a 5,900 square foot building on Lot
3, Block 1, BEIP 516 Addition. On June 26, 2003, the Planning Commission reviewed the site plan and
recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the site plan
and purchase agreement with Rink -Tec.
Grant Barrette requested site plan approval to construct a 3,000 square foot office, maintenance and
warehouse facility on Lot 6, Block 1, BEIP 516 Addition. On June 26, 2003, the Planning Commission
reviewed the site plan and recommended approval by a unanimous vote. Adoption of the Consent
Agenda approved the site plan and purchase agreement with Grant Barrette.
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White Bear Electric requested site plan approval to construct a 8,100 square foot office and warehouse
facility Lot 2, Block 1, BEIP 5'" Addition. On June 26, 2003, the Planning Commission reviewed the
site plan and recommended approval by a unanimous vote. Adoption of the Consent Agenda approved
the site plan and purchase agreement with White Bear Electric.
APPROVE SITE PLAN AND PURCHASE AGREEMENT FOR J. OLSON TOOL IN BEIP 5m
ADDITION
J. Olson Tool requested site plan approval to construct a 6,400 square foot office and manufacturing
facility Lot 5, Block 1, BEIP 5* Addition. On June 26, 2003, the Planning Commission reviewed the
site plan and recommended approval by a unanimous vote. Adoption of the Consent Agenda approved
the site plan and purchase agreement with J. Olson Tool.
APPROVE ENCROACHMENT AGREEMENT FOR DECK (CARLSON)
Mike and Colleen Carlson at 15905 Finley Avenue requested approval of an encroachment agreement to
allow their deck to encroach six feet into a drainage and utility easement. Staff reviewed the request and
found that the deck would not encroach or have any adverse impact on the adjacent wetland. Adoption
of the Consent Agenda approved the encroachment agreement for Mike and Colleen Carlson at 15905
Finley Avenue.
APPROVE VARIANCE REQUEST FOR DECK (PLEAD)
Don Pleau of 15690 Foxhill Avenue requested approval for a variance to construct a deck 24 feet from
the property line where 30 feet is required by ordinance. On June 12, 2003, the Board of Zoning
Adjustments reviewed the variance request and recommended approval. Other than the applicant, there
was no one in attendance who wished to speak on the request. Adoption of the Consent Agenda
approved the deck variance for Don Pleau at 15690 Foxhill Avenue.
APPROVE VARIANCE FOR OVERSIZED GARAGE (AL PARENT CONSTRUCTION
Al Parent Construction requested approval to construct an oversized attached garage to the home being
constructed for Joe and Lori Krawczyk at 12795 Greystone Avenue North. On June 12, 2003, the Board
of Zoning Adjustments reviewed the variance request and recommended approval. Other than the
applicant, there was no one in attendance who wished to speak on the request. Adoption of the Consent
Agenda approved the variance for Al Parent Construction to construct an oversized garage at 12795
Greystone Avenue.
APPROVE FALSE ALARM ORDINANCE AMENDMENT
At its June 16, 2003 meeting, the Council discussed with Fire Chief Jim Compton a suggested
amendment to the fire alarm ordinance. Fire Chief Compton and City Attorney Dave Snyder revised the
amendment, which would adjust the callout charges for false alarms beyond the three that are allowed by
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Page 4
current City code. Council tabled this issue and directed staff to prepare a final draft of the amendments
to the fire alarm ordinance for approval. Adoption of the Consent Agenda adopted ORDINANCE 2003-
376, which approves the amendment to the fire alarm ordinance thereby approving specific fees and
charges for fire alarms beyond the three that are allowed under current code.
APPROVE ANNUAL PERFORMANCE REVIEW AND SALARY ADJUSTMENT FOR LEAD
PUBLIC WORKS WORKER (TOM SMITH)
Tom Smith was hired by the City of Hugo on June 26, 2000 as the City's second public works employee.
Tom has worked over the past three years in the PW department and was recently promoted by the
Council to the lead public works worker. Tom is an excellent employee; dependable; thorough; and a
trusted member of the PW department team. Tom has demonstrated good leadership skills over the past
six months in his new position and is a valued replacement when the Public Works Director is gone or
on vacation. Tom is a good worker with an excellent sense of humor, which is welcomed by all City
employees. Adoption of the Consent Agenda approved the annual performance review for Tom Smith
as the City's lead public works worker and the adjustment be made as prescribed in the City's salary
matrix.
ACCEPT RESIGNATION OF VIDEO TECHNICIAN (JENNIFER VAN DYKE)
After more than a year with the City, Jennifer Van Dyke submitted her letter of resignation for her
position as the City's video technician. It is with regret that City staff accepted the resignation since
Jennifer has done an excellent job as the City's primary production technician for all City Council and
Planning Commission meetings. She has. obtained full-time employment with the St. Paul Companies.
Adoption of the Consent Agenda accepted the resignation of Jennifer Van Dyke and directed City staff
to advertise for the position immediately.
APPROVE REAPPOINTMENT OF DEAN WHITE TO HFD ACTIVE STATUS
Adoption of the Consent Agenda approved the reappointment of Dean White to full-time active status on
the Hugo Fire Department.
VACATION OF EASEMENTS (ONEKA PONDS DEVELOPMENT)
The City Council held a pubic hearing to take public comment on the proposed vacation of easements on
land to be platted as Oneka Ponds, which is located immediately east of TH61 and Peloquin Industrial
Park. The final plat for Oneka Ponds will dedicate new drainage and utility easements. As such, the
existing easements are no longer necessary. Mayor Miron opened the public hearing with no oral or
written comments being taken by Council.
Haas made motion, Granger seconded, to vacate the easements on the property to be platted as Oneka' -
Ponds.
All aye. Motion Carried.
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Page 5
CSAH 8/14 REALIGNMENT PROJECT
At its June 24, 2003 meeting, the Washington County Board of Commissioners accepted the Hugo City
Council's recommendation for the 142od Street alignment and formally approved the selection of the
142"d Street alignment for the CSAH 8/14 realignment project. Staff has met twice with representatives
from St. John the Baptist Church in order to determine the exact touchdown point at CSAH 8 and TH61.
City staff explained the three alternatives that were discussed with Council. Additionally, County staff
recommended to City staff that the Council formally make its public application for a variance to the
County's right-of-way policy to allow the City to reduce its right-of-way share cost from 100% down to
55%. County staff requested that the City enter into a Cost Share Agreement for the abandonment of the
railroad track between 145'" and 140" Streets. The Agreement will be prepared by Washington County
and forwarded to the City for final approval. County policy states that the City should pay for 75% of
the full cost, which is estimated at $195,000. City Attorney Dave Snyder discussed with Council a
proposal to enter into a contractual agreement with two law firms, who would then assist the City with
the abandonment process, both here in Minnesota and in Washington, D.C.
Miron made motion, Puleo seconded, directing staff to draft Council concerns with the three alternatives
and present them to the Project Management Team at their meeting of July 17, 2003 and report back to
Council.
All aye. Motion Carried.
Haas made motion, Granger seconded, directing staff to make application to Washington County for a
variance to the County's right-of-way policy to allow the City to reduce its right-of-way share cost from
100% to 55%.
All aye. Motion Carried.
Miran made motion, Haas seconded, directing staff to work with Washington County to draft a Cost
Share Agreement for the abandonment of the railroad track between 14& and 145* Streets and return
for Council approval.
All aye. Motion Carried.
Miron made motion, Granger seconded, directing staff to draft Contractual Agreements with attorney
Larry Stams and John Heffner, who will assist the City with railroad right-of-way abandonment process.
All aye. Motion Carried.
REOUEST FOR 2:00 A.M. CLOSING TIME (RICCI's)
Bo Bogatty, owner of Ricci's Saloon, requested City approval to extend the closing time for his business
to 2:00 am. The 2003 MN State Legislature approved legislation, which allows municipalities the
option of extending closing time for bars and restaurants. Currently, City Code Chapter 150 provides
that liquor may be served in accordance with the hours established by state law (now 2:00 am), but adds
that it may not be served after 1:00 am on Sunday. This creates a minor inconsistency in the code, which
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Page 6
the Council should consider. If the Council wishes to retain a 1:00 am closing time on every day, it
should amend the ordinance to so state. If it wishes to confirm a 2:00 am closing time for all days
including Sunday, it should amend the ordinance. If it wishes to have a 2:00 am closing time for every
day but Sunday, it could amend the ordinance to remove the inconsistency. A public hearing would be
required if the Council intends to extend Sunday liquor sales until 2:00 am; otherwise, no public hearing
is required. Bo Bogatty, owner of Ricci's, addressed the Council stating reasons for his request for the
2:00 am closing. Council discussed the request and wanted the data used by the state legislature in its
decision and deliberation for approving the change in bar closing time.
Puleo made motion, Granger seconded, to table Mr. Bogatty's request for an extended closing time to
allow staff to obtain information for Council review.
All aye. Motion Carried.
I.3 WEST ONEKA LAKE DRAINAGE PROTECT UPDATE AND FUTURE 165' STREET
PHASE III WORK
Water Resource Engineer Pete Willenbring from WSB Engineers presented an update on the status of
the West Oneka Lake drainage project. Fyles Excavating, a contractor on the work, has completed 75%
of the work to date, and the remaining work is scheduled to be completed by the end of July. Council
member Frank Puleo requested that the future 165'" Street ditch Phase III work be discussed as well,
since residents have been inundated with standing water on their property immediately north of 165'"
Street. Pete stated that preliminary survey work and a feasibility study would be needed at an
approximate cost of $5,000. He also stated that there is no dedicated funding source for. completion of
the project and would need to be assessed.
Miron made motion, Granger seconded, directing staff to schedule a neighborhood meeting, along with
Mayor Miron, Council member Puleo, and City staff, to determine interest in moving forward with a
drainage project.
Bruce Discher and Elizabeth Herman, residents along 165' Street, explained the water problems in the
area and asked for relief from the City.
Miron made motion, Granger seconded, amending the previous motion to investigate whether
emergency service could be provided to relieve the water problem in the area.
VOTE ON AMENDMENT: All aye. Motion Carried.
VOTE ON ORIGINAL MOTION: All aye. Motion Carried.
REQUEST FOR PAYMENT FROM RCWD FORK WORK ON JD2 CULVERT PROJECT
At its April 21, 2003 meeting, the Council discussed the request for payment from the RCWD for work
completed by Jay Brothers on the JD2 culvert replacement projects at 165'd and 157'" Streets
respectively. Council directed staff to request additional itemized information from the RCWD on the
project. City Attorney Dave Snyder explained that subsequent to substantial completion, the City was
not responsible for making any payment on the project until the work was satisfactorily completed.
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Page 7
RCWD Administrator Steve Hobbs provided a detailed explanation of the work completed to date on the
project, and Brett Emmons of Emmons and Olivier, the RCWD's engineer was present to answer
questions on behalf of the RCWD. The Council questioned the quality of work performed on the
replacement project and wanted questions answered before the City expended any money.
Miron made motion, Granger seconded, to table this matter to allow staff time to provide more
information for the Council.
All aye. Motion Carried.
TABLE AGENDA ITEMS
Due to time constraint:
Miron made motion, Petryk seconded, to table the following agenda items until the Council meeting of
July 21, 2003: Downtown redevelopment; purchase Meyer's property; request for park trail along
Oneka Lake Boulevard; breakfast meeting HBA/City Council; proposed fireworks ordinance; side yard
setback amendment; and request for payment of Sunset Lake Homeowners Association.
All aye. Motion Carried.
APPROVE PRELIMINARY PLAT AND SITE PLAN FOR GENERATION ACRES
Seth Marshal requested approval of a preliminary plat and site plan for 42 townhome lots and two common
lots, with a net density of the project of 5.7 units per acre. On June 26, 2003, the Planning Commission
reviewed the request and recommended approval by a unanimous vote. Planner Kendra Lindahl was present
at the Council meeting to provide an overview of the project. Because of the late hour, and the Council's
desire to see a revised plan:
Miron made motion, Haas seconded, to table this matter until the Council meeting of July 21, 2003.
All aye. Motion Carried.
REPORT OF WBL ISD #624 (NEW SCHOOL STEERING COMMITTEE)
Council member Chuck Haas, appointed by the Council to serve on the WBL School District new
School Steering Committee, provided an update of the first meeting he attended last week at the school
district offices. The City of Hugo needs to identify a list of community leaders and stakeholders to assist
with the fall referendum.
HAZARD MITIGATION GRANT PROGRAM
A grant has become available to purchase the Don and Pauline Rice property located on Lake Plaisted.
This property has been in a flooded condition for a number of years, and the Rice family is seeking
relief. The City's cost share to acquire the property would be $18,333.
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Page 8
Miron made motion, Granger seconded, directing staff to finalize the grant application with Washington
County.
All aye. Motion Carried.
EXECUTIVE SESSION (RKI VS. CITYOF HUGO)
City Attorney Dave Snyder recommended that Council move into executive session at the end of the
July 7, 2003 Council meeting in order for Council to receive an update on the negotiated lawsuit
settlement with RKI, Inc., for the Peloquin Industrial Park P.I. project.
Mixon made motion, Granger seconded, to recess the regular 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 the RKI had accepted the Settlement Agreement as presented to them
and he recommended that the City enter the Agreement, as well.
Miron made motion, Petryk seconded, to approve the Settlement Agreement between Richard Knutson,
Inc., and the City of Hugo, subject to no direct payment from the City of Hugo.
All aye. Motion Carried.
ADJOURNMENT
Granger made motion, Haas seconded, to adjourn at 10:00 pm.
All aye. Motion Carried.
/ /ctx�t
Mary Creager
City