HomeMy WebLinkAbout2003.09.15 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF SEPTEMBER 15.2003
Mayor Fran Miron called the meeting to order at 7:05 pm.
PRESENT: Granger, Haas, Petryk, Puleo, Miron
City Administrator Michael Ericson
CD Director John Rask
City Attorney Dave Snyder
Water Resource Engineer Pete Willenbring
Public Works Director Chris Petree
Fire Chief Jim Compton
City Clerk Mary Ann Creager
MINUTES FOR CITY COUNCIL MEETING OF SEPTEMBER 2.2003
Haas made motion, Granger seconded, to approve the minutes for the City Council meeting of
September 2, 2003 as presented.
VOTING AYE: Granger, Haas, Petryk, Miron
ABSTAINED: Puleo
Motion Carried.
MINUTES FOR THE COUNCIL WORKSHOP OF SEPTEMBER 8.2003
Granger made motion, Puleo seconded, to approve the minutes for the Council workshop of September
8, 2003 as presented.
All aye. Motion Carried.
MINUTES FOR THE SPECIAL COUNCIL MEETING OF SEPTEMBER 12.2003
Haas made motion, Granger seconded, to approve the minutes for the special City Council meeting of
September 12, 2003 as presented.
VOTING AYE: Granger, Haas, Puleo, Miron
ABSTAINED: Petryk
Motion Carried.
APPROVAL OF AGENDA
Add K.1— Discussion of WBL School District Meeting on September 25, 2003
Add L.1— Discussion of Sale of City Property to Brian Wingus for Senior Assisted Living Facility
Add L.2 — Update on the Peloquin Industrial Park P.I. Project
Miron made motion, Haas seconded, to approve the agenda for September 15, 2003 as amended.
All aye. Motion Carried.
City Council meeting of September 15, 2003
Page 2
CERTIFICATE OF RECOGNITION OF KARE 11 VOLUNTEER (PETE PEDERSEN)
On Wednesday, September 3, 2003, long-time Hugo resident and Parks Commissioner, Pete Pedersen,
received one of the eleven KARE 11 Who Care Volunteers of the Year award. Pete was recommended
for this award by a prisoner from Stillwater State Prison where he performs mentorship work with
prisoners through the Amicus program. As Council is well aware, Pete has served as a volunteer in the
City of Hugo, both through the Hugo Lions, and for the past six years, as a member of the Park and
Recreation Commission. This richly deserved award is being recognized by the Hugo City Council in
appreciation of hundreds of hours of volunteer efforts Pete spends in the community, and in
recognition of the true spirit of community volunteerism, which Pete exhibits so well. Pete provided a
history of his involvement with Amicus and suggested others get involved. Mayor Fran Miron and the
Hugo City Council presented Pete with a Certificate of Recognition and publicly thanked him for this
richly deserved volunteer award.
CONSENT AGENDA
Haas made motion, Petryk seconded, to approve the following Consent Agenda:
Approval of Claims
Approve Charitable Gambling License for National Ataxia Foundation (Carpenter's)
Approve Lot Line Adjustment and Variance (Ecker)
Approve Variance Request for Pole Building (Gallagher)
Approve Minor Subdivision (Massie)
Approve CUP for Assured Acceptance Auto Sales in Glacier Building (Kevin Otto)
Approve Hiring Rick Kieffer as the City's Public Works Worker
Approve Internship Extension for Planning Intern (Derrick Jensen)
Approve Appointment of Viola Maslowski and Grace Waugh to the Hugo Historical Commission
All aye. Motion Carried.
APPROVAL OF CLAIMS
Adoption of the Consent Agenda approved the claims roster for September 15, 2003 as presented.
APPROVE CHARITABLE GAMBLING LICENSE FOR NATIONAL ATAXIA
FOUNDATION (CARPENTER'S)
The National Ataxia Foundation made application to the City for approval of a charitable gambling
license to sell pull tabs at Carpenter's Steakhouse. The Foundation seeks a cure for ataxia, commonly
known to Minnesotans as the Bob Allison disease. City staff reviewed the application and found it to
be completed satisfactorily and in accordance with state statute. Adoption of the Consent Agenda
approved the charitable gambling license for the National Ataxia Foundation to sell pull tabs at
Carpenters.
City Council meeting of September 15, 2003
Page 3
APPROVE LOT LINE ADJUSTMENT AND VARIANCE REQUEST (ECKER)
Mary Ecker requested a property line adjustment and approval of a variance from the minimum lot size
requirement and a variance from the minimum lot width requirement for properties located at 10264
and 10284 122°d Street North, as well as vacant properties to the west (immediately east of Withrow
School). The applicant currently has eight lots approximately 1/a acre each and requested approval to
consolidate and adjust the common lot lines to create three lots. There are currently two homes on the
property and a family member would like to construct a home on the third lot. Adoption of the
Consent Agenda approved the variance and Resolution 2003-48 for a property line adjustment for
Mary Ecker.
APPROVE VARIANCE REQUEST FOR POLE BUILDING (GALLAGER)
Thomas and Peggy Gallagher requested a variance to construct a 3,744 square foot accessory building
on their property located at 10009 1228d Street North. The parcel is 5 acres in size and located in the
Rural Residential district where the Zoning Ordinance limits the size of an accessory building to 2,300
square feet. Adoption of the Consent Agenda approved the variance for Thomas and Peggy Gallagher
to construct a 3,744 square foot accessory building.
APPROVE NIINOR SUBDIVISION (MASSIE)
Michael Massie requested a lot split to subdivide a 20 acre parcel into two 10 -acre lots on property
located north of 125b and approximately one-half mile east of Goodview Avenue. On October 21,
2002, the City Council approved a preliminary plat for Michael Massie to create four residential lots
on a 40 acre parcel. Mr. Massie later revised his plans to create three lots. On February 3, 2003, the
City Council approved the revised subdivision for three lots; two 10 -acre parcels and one 20 -acre
parcel. The applicant is now requesting to subdivide the 20 -acre parcel into two lots. Adoption of the
Consent Agenda approved adoption of Resolution 200349 for a minor subdivision for Michael
Massie.
APPROVE CUP FOR ASSURE ACCEPTANCE AUTO SALES IN GLACIER BLDG (OTTO)
Kevin Otto, Assured Acceptance Corporation (ACC) requested a conditional use permit for Motor
Vehicle Sales on property located at 5211 1300 Street North (old Glacier building now owned by
Wilson Tool). The proposed business consists primarily of office space, with a display area for five
vehicles. Adoption of the Consent Agenda approved adoption of Resolution 2003-50 for a CUP for
Assured Acceptance Corporation.
APPROVE HIRING RICK KIEFFER AS THE CITY'S PUBLIC WORKS WORKER
At its July 21, 2003 meeting, Council accepted staff's recommendation and directed staff to advertise
for the position of the public works worker. Staff received a total of 88 applications for the position,
and interviewed 12 for the first time. Second interviews were extended to six applicants and upon
review by the interview team, PW Director Chris Petree, Lead PW worker Tom Smith, and City
Administrator Mike Ericson, are pleased to recommend that the City Council hire Rick Kieffer at
$ l &4ir. This hire would be subject to the standard preemployment physical and drug screening, and
City Council meeting of September 15, 2003
Page 4
subject to the City's standard six-month probationary period, as prescribed in the City's personnel
policy. Adoption of the Consent Agenda approved the hiring of Rick Kieffer as the City's public
works worker at $18/hr.
APPROVE INTERNSHIP EXTENSION FOR PLANNING INTERN (DERRICK JENSEN)
Derrick Jensen was hired by the City as the new planning intern on May 21, 2003. Derrick has worked
closely with CD Director John Rask and CD assistant Michele Lindau on a variety of duties, including
the upgrade of the City's Park Plan and the assemblage of the City's first-ever true Comprehensive
Plan. There are a number of projects that require staff involvement, including the rural and open space
preservation committee and the Parks Commission, which Derrick will be working with. Adoption of
the Consent Agenda approved a four-month extension on Derrick's internship until November 21,
2003.
APPROVE APPOINTMENT OF VIOLA MASLOWSKI AND GRACE WAUGH TO THE
HUGO HLSTORICAL COMMISSION
At its August 18, 2003 meeting, the Council accepted the resignation of Tom Jesinski from the Hugo
Historical Commission and directed staff to advertise for the vacancy. As Council is aware, there was
still one vacancy from the original six appointees to the Commission. Commission Chair Kitty
Cheesebrow is pleased to present Viola Maslowski and Grace Waugh as the new recommended
appointees to the Historical Commission. Vi and Grace have both attended Commission meetings, as
well as providing information and background to the success of the photo exhibit at the Commission
display during Good Neighbor Days. Adoption of the Consent Agenda approved the appointments of
Vi Maslowski and Grace Waugh to the Hugo Historical Commission for the terms specified in the
Commission by-laws.
APPROVE PAY REQUEST FROM RCWD FOR JD2 CULVERT REPLACEMENT PROJECT
Over the past two months, Council has tabled action on the pay request submitted by the RCWD in
order to get additional information and further explanation as to the process associated with the
project, and the satisfactory completion of the work to date. At its September 2, 2003 meeting,
Council accepted the explanation from Brett Emmons, engineer from Emmons Olivier Resources, who
are the engineers for the RCWD. Council approved the repair plan suggested by Mr. Emmons, but did
not take action on the approval of the pay request. Mayor Miron pulled this item from the Consent
Agenda and stated that he was reluctant to approve payment because: 1) the RCWD had failed to
memorialize the guarantee that there would be no change in hydraulic capacity or additional cost to the
City; and 2) the significant repair improvements were still needed at the 1651° Street replacement site.
Miron made motion, Granger seconded, to table this issue until issues of concern are resolved.
All aye. Motion Carried.
City Council meeting of September 15, 2003
Page 5
REVIEW STATUS OF WEST ONEKA LAKE DITCH PROJECT/APPROVE CHANGE
ORDER AND FINAL PAYMENT FOR FYLES EXCAVATING
Water Resource Engineer Pete Willenbring from WSB Engineers was present to discuss the
completion of the West Oneka Ditch Project and to share with Council the relief that the ditch has
provided to adjoining property owners to reduce flooding problems and surface storm water drainage
problems in the West Oneka Study Area. Pete presented a Power Point presentation as an overview of
the of the work on the project and was complimented on the success of the project. Fyles Excavating
requested approval of Change Order #1, reflecting an increase of $37,500 to the original contract
amount, and final payment for work completed to date on the project, in the amount of $78,108.91.
Project Manager Pete Willenbring recommended Council approval of the payment request.
Granger made motion, Haas seconded, to approve Change Order #1, reflecting an increase of $37,500
to the original contract amount, and final payment for work completed to date on the project, in the
amount of $78,108.91, for the West Oneka Lake Ditch Project.
All aye. Motion Carried.
DISCUSSION OF ISSUES RELATED TO ARK AUTO DISMANTLING LICENSE
At its September 2, 2003 meeting, Council approved the auto dismantling license for ARK and
directed staff to work with the landowner to resolve issues related to the CUP on the property. CD
Director John Rask had a meeting with the license holder's attorney, Dan Rosen, and presented
information regarding construction of a fence on the berm surrounding the property and other
outstanding issues. John stated that the fence would be completed by October 31, 2003; the parking
lot would be paved by June 1, 2003; and the applicant would like continued discussion regarding the
curb and gutter requirement. Some Council members expressed concern of possible ground water
pollution and the need for test wells/soil borings. CD Director John Rask stated that it would be
difficult to determine the source of the pollution in light of another auto dismantling operation in the
vicinity.
Miron made motion, Haas seconded, to approve the following resolution for issues at ARK: the fence
would be completed by October 31, 2003; the parking lot would be paved by June 1, 2003; implement
MPCA Best Management Practices in discussions of the need for curb and gutter, and directing staff to
work with the applicant for soil borings and/or test wells to determine if the site has ground water
pollution and have information for Council at its October 6, 2003 meeting.
All aye. Motion Carried.
SCHEDULE WORKSHOP FOR PROPOSED 2004 BUDGET WORKSHOP
At its September 2, 2003 meeting, Council accepted Finance Director Ron Otkin's recommendation to
set the City's certified tax levy for 2004 in the amount of $2,647,371, and further directed Ron to
schedule a budget workshop meeting to discuss the proposed 2004 City budget.
City Council meeting of September 15, 2003
Page 6
Miron made motion, Haas seconded, to schedule a City Council workshop for Friday, October 24,
2003 at 8:00 am to discuss the proposed 2004 City budget.
All aye. Motion Carried.
CSAR 8/14 REALIGNMENT PROJECT UPDATE
On Thursday, September 4, 2003, Mayor Fran Miron, CD Director John Rask, and City Administrator
Mike Ericson met with John Gohmann, owner of the Minnesota Commercial Railroad. The purpose of
the meeting was to discuss the need to provide a team track into the Schwieters brothers' business
complex, with John and Joel Schwieters present at the meeting. Mayor Miron and staff provided an
overview of the meeting and a status of the project to date. Dave McKenzie from SEH Engineers was
present to explain Mr. Gohmann's position, as well as the position of the BN/SF railroad. Sandy
Cullen from Washington County emphasized the County's need to have a definitive answer as to
whether the track will be abandoned or another crossing be constructed. City Administrator stated that
staff will work to provide final information to Council at its meeting of October 6, 2003.
DISCUSSION OF FUTURE CENTRAL BUSINESS DISTRICT (REZONING AND TEXT
AMENDMENT)
At its September 11, 2003 meeting, the Hugo Planning Commission considered staffs
recommendation to provide for the transition zoning of the homes located in the Central Business
district. Previously, the Hugo City Council had reviewed staffs progress to date, and directed staff
completion of the rezoninj and text amendment, which would be necessary to place the homes located
immediately north of 145 Street to be included in a transition zoning known as the Future Central
Business District. CD Director John Rask prepared the ordinance to call for the rezoning of the
property and a text amendment, which would provide the amendment to the City ordinance.
Miron made motion, Petryk seconded, to adopt ORDINANCE 2003-378 AMENDING THE
COMPREHENSIVE LAND REGULATIONS BY ESTABLISHING A FUTURE CENTRAL
BUSINESS ZONING DISTRICT.
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
Haas made motion, Petryk seconded, to adopt ORDINANCE 2003-379 AMENDING CHAPTER 320
OF THE COMPREHENSIVE LAND USE REGULATIONS TO CLASSIFY CERTAINLAND
LOCATED WEST OF TH61 BETWEEN 1W' STREET AND 15e STREET.
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
Haas made motion, Granger seconded, to adopt RESOLUTION 2003-51 APPROVING FINDINGS
OF FACT FOR REZONING PROPERTY FROM CENTRAL BUSINESS TO FUTURE CENTRAL
BUSINESS DISTRICT.
City Council meeting of September 15, 2003
Page 7
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
DISCUSSION OF METH LAB ORDINANCE
At its September 11, 2003 meeting, the Hugo Planning Commission considered Vice Chair Sandy
Malaski's suggestion to review a draft ordinance to regulate methamphetamine labs in the City.
Specifically, the draft ordinance, which was prepared by City Attorney Dave Snyder, provides for the
physical cleanup of the property by the property owner should a meth lab be found to be operating on
the property. The PC agreed to recommend to Council that the draft ordinance be considered for
adoption. CD Director John Rask presented additional information about this issue at the Council
meeting.
Haas made motion, Petryk seconded, to adopt ORDINANCE 2003-380 REGULATING
METHAMPHETAMINE LABS IN THE CITY.
VOTING AYE: Granger, Haas, Petryk, Puleo, Miron
Motion Carried.
WASHINGTON COUNTY LEAGUE OF LOCAL GOVERNMENTS MEETING ON
OCTOBER 29.2003
Each year, the Washington County League of Local Governments holds its annual meeting to allow for
the Washington County Board and respective local city councils to meet to get a County update on
relevant issues. The 2003 meeting will be held on Wednesday, October 29, 2003 at the Prom Center in
Oakdale. Mayor Miron and Council members Granger, Haas, and Puleo expressed their desire to
attend. Council member Petryk was uncertain she would be able to attend.
HFD TRUCK REPLACEMENT PROGRAM (RECOMMENDATION FROM SEPTEMBER
8 COUNCIL WORKSHOP
At its special September 8, 2003 workshop, Council directed staff to place on the September 15t°
regular Council, the inclusion of the replacement for the City's 1986 rescue vehicle. Council agreed
that the HFD should proceed with the drafting of the specifications for the new replacement truck,
which is necessary to proceed with the future purchase of this fire department vehicle.
Granger made motion, Petryk seconded, directing Hugo Fire Chief Jim Compton to prepare specs for
the new rescue truck, which would replace the 1986 rescue vehicle, which was originally purchased
used from the White Bear Lake Fire Department.
All aye. Motion Carried.
WBL SCHOOL DISTRICT MEETING ON PROPOSED BOND REFERENDUM
The WBL Area Schools ISD 624 will be holding a public information meeting on the proposed bond
referendum on Thursday, September 25, 2003 from 6:30pm to 7:30pm in the Oneka Room. The
City Council'meeting of September 15, 2003
Page 8
School District asked the City to provide a resolution of support of the proposed bond referendum for
the meeting.
Miran made motion, Petryk seconded, directing staff to draft a resolution of support for the proposed
bond referendum.
All aye. Motion Carried.
Miran made motion, Haas seconded, to schedule a special Council meeting for September 25, 2003, to
allow Council to attend the WBL public information on the proposed bond referendum.
All aye. Motion Carried.
DISCUSSION ON PROPOSED SENIOR ASSISTED LIVING FACILITY
CD Director John Rask has met with Brian Wingus regarding construction of a 24 -bed assisted living
facility on City property located south of the Post Office. The property will need to be subdivided to
accommodate the facility on a one -acre site, and the developer and the City have also agreed on a
purchase price.
Miran made motion, Haas seconded, directing staff to obtain engineering estimates from SEH
Engineer and WSB Engineers to proceed with the platting of the property, at an estimated cost of
$10,000.
All aye. Motion Carried.
Miran made motion, Haas seconded, directing staff to develop a Purchase Agreement for the sale of
City property to construct a senior assisted living facility.
All aye. Motion Carried.
UPDATE ON PELOOUIN INDUSTRIAL PARK P.I. PROJECT
City Administrator Michael Ericson updated Council on the Peloquin Industrial Park Project and stated
that the project will be micro -tunneled and not open cut.
ADJOURNMENT
Haas made motion, Granger seconded, to adjourn at 9:50 pm.
All aye. Motion Carried.
Mary reager
City Cj