HomeMy WebLinkAbout2003.12.01 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 1. 2003
Mayor Fran Miron called the meeting to order at 7:05 pm.
PRESENT: Granger, Haas, Petryk, Puleo, Miron
City Administrator Michael Ericson
City Planner Kendra Lindahl
City Attorney Dave Snyder
City Engineer Dave Mitchell
Finance Director Ron Otkin
Public Works Director Chris Petree
Fire Chief Jim Compton
City Clerk Mary Ann Creager
APPROVE CITY COUNCIL MINUTES FOR MEETING OF NOVEMBER 17.2003
Haas made motion, Petryk seconded, to approve the minutes for the November 17, 2003 meeting as
presented.
All aye. Motion Carried.
APPROVAL OF AGENDA
Miron made motion, Haas seconded, to approve the agenda for December 1, 2003 as presented.
All aye. Motion Carried.
PRESENTATION OF DONATION TO HUGO HLSTORICAL COMMISSION BY THE BALD
EAGLE SPORTSMAN ASSOCIATION
The BESA has followed the work of the Hugo Historical Commission over the past several months,
including the excellent photo display at the Hugo Good Neighbor Days. In recognition of the
Commission's work, and in strong public support of their efforts, Tom Drewry presented a $500
donation to Chair Kitty Cheesebrow and Viola Maslowski on behalf of the BESA. Mayor Fran Miron
extended the appreciation of the City to the BESA for its generous donation to the Commission.
HUGO BUSINESS ASSOCIATION CHRISTMAS LIGHTING CONTEST
Katie Riopel, representing the Hugo Business Association, publicly announced the first annual
Christmas tree lighting contest. This lighting opportunity is for Hugo businesses to unite and "jazz up"
the City of Hugo for the holidays. Judging will be on Thursday, December 18'h, with a winner notified
on December 19'h, and trophy presentation at the Hugo American Legion on Saturday, December 20,
2003 at 8:00 pm. Katie invited the City and businesses in the community to participate.
Miron made motion, Granger seconded, directed public works department staff to light City Hall for
the contest.
All aye. Motion Carried.
City Council meeting of December 1, 2003
Page 2
CONSENT AGENDA
Haas made motion, Petryk seconded, to approve the following Consent Agenda:
Approval of Claims
Approve Encroachment Agreement for Sawie Nebo,15725 Fenway Ave, for Deck and Retaining Wall
Approve Variance from Wetland for New Home at 15550 Jeffrey Avenue (Craig Anderson)
Approve Submittal of Grant Application to OSHA for Public Works Safety Equipment
Approve Public Recognition of 2002 Water Fluoridation Quality Award from MN Dept of Health
Approve Capitol City Mutual Aid Agreement for HFD
All aye. Motion Carried.
APPROVAL OF CLAIMS
Adoption of the Consent Agenda approved the claims roster for December 1, 2003 as presented.
ENROACHMENT AGREEMENT FOR SAWIE NEBO FOR DECK & RETAINING WALL
Sawie Nebo, 15725 Fenway Avenue North, requested an encroachment agreement to locate a deck and
retaining wall within a drainage and utility easement. The property is located in the Creekview
Preserve development. Senior Engineering Tech Scott Anderson inspected the property and found the
proposed deck and retaining wall would not negatively impact the adjacent ponding area. Adoption of
the Consent Agenda approved the encroachment agreement for Sawie Nebo to be signed by the Mayor
and Sawie Nebo.
APPROVE VARIANCE FROM UNNAMED LAKE FOR NEW HOME (CRAIG ANDERSON)
Craig and Kris Anderson requested a variance to permit a home to be located 151 feet from the Ordinary
High Water from an unnamed lake on property located at 15550 Jeffrey Avenue North, Lot 1 Block 1,
Anderson Hills. State law requires the City to adopt a setback of at least 150 feet from unsewered lots
adjacent to a natural environment lake; however, the City ordinance requires a 200 -foot setback. As such,
the City ordinance is more restrictive than state law. This increased setback requirement has caused a
hardship by limiting the area in which to construct the home. Adoption of the Consent Agenda approved
the variance for Craig Anderson at 15550 Jeffrey Avenue North.
APPROVE SUBMITTAL OF GRANT APPLICATION TO OSHA FOR PUBLIC WORKS
SAFETY EQUIPMENT
Safe Assure Consultants, the City's safety consultant, informed the City of a matching OSHA grant
available for purchasing safety equipment. The grant is a 50/50 matching grant opportunity and would be
an excellent opportunity to utilize taxpayer dollars to purchase much needed safety equipment to perform
daily public works maintenance. Adoption of the Consent Agenda authorized staff to work with Safe
Assure Consultants to apply for the grant on behalf of the City of Hugo.
City Council meeting of December 1, 2003
Page 3
APPROVE RECOGNITION OF 2002 WATER FLUORIDATION QUALITY AWARD FROM
THE MINNESOTA DEPARTMENT OF HEALTH
The City of Hugo's public works department provides water fluoridation for the City's water system.
The Minnesota Department of Health has awarded the 2002 Water Fluoridation Quality Award to the
City of Hugo for successfully maintaining optimal fluoride levels in meeting the fluoridation
monitoring requirements of the State of Minnesota for all 12 months in 2002. Adoption of the Consent
Agenda accepted the award and publicly recognized the Hugo public works department for its
excellent work.
APPROVE CAPITOL CITY MUTUAL AID AGREEMENT FOR HFD
The HFD and the City of Hugo are members of the Capitol City Mutual Aid Association. As Council
is aware, mutual aid associations allow cities to have immediate access to local fire departments under
a reciprocal agreement, which provides emergency fire fighting services. The association has revised
its agreement over the past several months, and provides a new agreement for approval by the City.
The agreement includes a mutual aid fee schedule, which specifies an apparatus/vehicle rate per hour
for fire fighting equipment. The agreement has been reviewed by the City Attorney for conformance
with standard City agreements. Adoption of the Consent Agenda approved the Capitol City Mutual
Aid Agreement for fire fighting services.
TRUTH IN TAXATION PUBLIC HEARING
In accordance with Minnesota state statute, cities with a population over of 2,500 must hold a public
hearing in order to give residents the opportunity to provide public comment on the proposed 2004
City budget. At its September 2, 2003 meeting, Council scheduled Monday, December 1, 2003 to hold
the Truth in Taxation public hearing. Mayor Fran Miron opened the public hearing to allow any and
all residents the opportunity to provide continent on the proposed 2004 City budget. Julie Williams,
director of the WBL Counseling Center, thanked Council for its support in the past, and asked for its
financial support in the future. There were no other oral or written comments. Mayor Miron closed
the hearing and allowed Council discussion with direction to staff regarding the adoption of the budget
and tax levy at the Council's regular meeting on December 15, 2003.
DISCUSSION ON ECONOMIC DEVELOPMENT AUTHORITY
At its September 2, 2003 meeting, Council accepted staffs recommendation and hired Carolyn Krall
and Landform to proceed with the final concept and design for the Hugo Downtown Project. Staff
provided information at that meeting regarding the City's Economic Development Authority, which
currently is the full City Council. Involvement of an EDA in the downtown project is important.
Council directed staff to collect information regarding economic development authorities and to bring
that information back to Council for discussion. CD intern Derrick Jensen researched the issue and
collected information to share with Council. Minnesota State Statute regulates how economic
development authorities may operate, which are generally responsible for business retention, business
expansion, and business attraction. While there are other communities like Hugo where Councils
function as the EDA, many communities appoint residents, who serve at the pleasure of 'the Council.
City Council meeting of December 1, 2003
Page 4
Typically, those EDA's include two appointed members from the Council and three residents
appointed at large. This five -member body acts as a recommending body, and also has the ability to
levy under Minnesota Statute. In this type of EDA, the Council normally appoints a member of the
City staff to act as the executive director. This individual is responsible for coordinating all EDA
activity, including the scheduling of meetings and the assembling of agendas. Council felt it important
that the EDA remain purely advisory and any taxing authority remain at the Council level.
Miron made motion, Granger seconded, directing staff to submit sample ordinances establishing an
EDA for Council review.
All aye. Motion Carried.
Miron made motion, Haas seconded, directing staff to send a letter of "thanks" to planning intern
Derrick Jensen thanking him for all his hard work for the City this past summer.
All aye. Motion Carried.
SCHEDULE MEETING WITH HARDWOOD CREEK RESIDENTS REGARDING LMCR
GRANT
The RCWD received an $865,000 LCMR grant from the DNR for improvements to the Hardwood
Creek area. One public meeting has been held thus far on September 4, 2003. Steve Hobbs, RCWD
Administrator, was present and stated that he would like to schedule another public meeting in order to
take public comment regarding the improvements to the Hardwood Creek area. He requested that the
City hold the meeting with participation by the City Council in order to learn better from residents
their desires for improvements to the Hardwood Creek area. Council discussed the best way to inform
residents of the proposed meeting, and asked that the City's Newsletter include notice of the meeting,
publish notice, and the RCWD mail post cards to residents living along JD2.
Miron made motion, Granger seconded, directing staff to schedule a meeting with Hardwood Creek
residents regarding the LMCR grant for December 18, 2003 at 7:00 pm, in the Oneka Room, pending
the ability to notice the meeting in the City's Newsletter.
All aye. Motion Carried.
DISCUSSION OF PROPOSED IMPROVEMENTS TO ELMCREST AVENUE, SOUTH OF
CR8
CD Director John Rask received a request from Council member Becky Petryk to place the request for
paving of Elmcrest Avenue, south of CR8 on the Council's agenda for discussion purposes. At its
October 20, 2003 meeting, Council listened to developer Len Pratt, who stated that he would pay for a
bituminous overlay of the gravel road, at no cost to area residents. City Engineer Dave Mitchell felt
that more work would be needed prior to the making of any improvements, along with a speed study
should the road be improved. Public Works Director Chris Petree stated that staff would schedule
another neighborhood meeting to discuss this matter after the holidays.
City Council meeting of December 1, 2003
Page 5
INSTALLATION OF NO PARKING SIGNS AND 30 MPH SIGNS ON lkm STREET
At its November 17, 2003 meeting, Council discussed the installation of no parking signs on 130"
Street, which had been authorized by Council at its regular meeting of November 3, 2003. Council
listened to two residents, who live on 130" Street, who complained that they had not been informed of
the November P meeting at which the issue was first discussed. One resident stated that problems
with speeding on 130" have increased since installation of the signs. After discussion by Council, this
issue was tabled until the tonight's meeting to allow staff the opportunity to research the issue further.
City staff reviewed the issue thoroughly from the traffic safety perspective, as well as the request for
on -street parking. Senior Engineering Technician Scott Anderson stated that according to MnDOT
standards, a minimum of 32' is necessary to allow for on -street parking. 13& Street is 24' wide, and
based on MnDOT standards, it should be posted no parking. The City Council has the discretion to
prohibit or allow on -street parking. Council discussed the parking situation and felt that resident
driveways, parking on Fenway Boulevard and Europa Trail, and the water tower parking lot provided
ample parking for residents.
Haas made motion, Granger seconded, directing staff to stripe the water tower site to allow for
additional residential parking.
All aye. Motion Carried.
Petryk made motion, Granger seconded, directing staff to post 30 mph signs along 13& Street,
between TH61 and Europa Trail.
All aye. Motion Carried.
DISCUSSION ON NEW PUBLIC WORKS FACILITY
At its November 17, 2003 meeting, ,the Council discussed with City architect Bob Russek from Elsness
Swenson and Graham (ESG) architects, the Public Works Space Needs Study and the Concept Plan for
the Rice Lake Park property. Upon formal receipt of the two projects, Council directed staff to work
with Bob to develop a final concept for the public works facility and with the Public Works Building
Committee. Staff was also directed to work with Bob to draft the standard AIA architect's agreement
and to bring it back to Council for final approval. The PW Building Committee met with John Rask
and Bob on Monday, December 1st, to discuss the site plan for the new public works facility.
Architect Russek reviewed the three building type options with Council, including the location of the
building and the overall estimated budget for the project.
Granger made motion, Puleo seconded, to approve the revised building plan and proceed with the final
draft of the Architect's Agreement, including bidding Alternates 1 and 2, and to ask for bids for
Alternate 3, which is the community room.
All aye. Motion Carried.
City Council meeting of December 1, 2003
Page 6
Puleo made motion, Granger seconded, that concrete tip -up construction option be used, as permitted
by ordinance.
All aye. Motion Carried.
JD2 CULVERT REPLACEMENT PROJECT
On Friday, November 21, 2003, Mayor Fran Miron attended a meeting with Board Managers from the
RCWD and representatives from Jay Brothers to discuss the JD2 culvert replacement project. Mayor
Miron updated Council on discussions of the construction correction and informed Council of another
meeting to be held on 12/2/03 on the culvert replacement project.
Miron made motion, Haas seconded, directing staff to meet with Mayor Miron and Council member
Mike Granger on 12/2/03 and report meeting results at the next regular Council meeting.
All aye. Motion Carried.
PULTE HOMES PUD AMENDMENT FOR WATERS EDGE NORTH
Pulte Homes of Minnesota made application for approval of a Planned Unit Development (PUD)
amendment for a residential subdivision known as Water's Edge North, on the 186 -acre parcel of land
located east of Everton Avenue. The Planning Commission held a public hearing on this application at
its November 6, 2003 meeting. The revised plan provides for four varieties of housing units, including
124 single family homes. Pulte will be donating 22 acres for the new elementary school, with 27 acres
of open space for townhomes, and 9 acres for its park dedication. With a total of 46 acres of wetlands,
the net development density is 4.3 units per acre, where up to six is allowed for in the City's zoning
ordinance. The PUD amendment is generally consistent with the Everton/Elmcrest plan, as it retains
the essential public components of the plan, which includes: 1) a dominant civic use consisting of the
school site and community play fields; 2) open spaces; 3) tree -lined streets; and 4) strong pedestrian
connection. City planner Kendra Lindahl presented an overview of the development changes for
consideration by Council. Mayor Miron allowed Everton Avenue residents time to comment on this
matter. Michael Hap, John Udstuen, and Anne Traemert, property owners along Everton Avenue,
stated that they had not been notified of the PC public hearing and expressed concern that Everton
Avenue was going to used as a "secondary" access to the development. Gary Trudeau of 5360 159"
Street stated that he had requested notice of public hearings related to this development, but received
none. He is concerned with the location of the trail, as is Holly Mulvaney of 5340157" Street.
Miron made motion, Puleo seconded, to table this matter until the Council meeting of 12/15/03.
All aye. Motion Carried.
APPROVE SPECIFICATIONS FOR NEW RESCUE TRUCK FOR HFD
At its September 15, 2003 meeting, the Council authorized the HFD to proceed with preparation of
specifications for a new rescue truck. A committee, formed by the Fire Chief and the firefighters, has
City Council meeting of December 1, 2003
Page 7
worked over the past two months to finalize the development of the specifications for the new truck.
Granger made motion, Haas seconded, to approve the specifications for the new rescue truck and
authorize staff to advertise for bids through the public bidding process.
All aye. Motion Carried.
MINNESOTA UNION BUILDERS
The City received legal notification from Minnesota Union Builders that the company is facing
financial difficulties and may have problems regarding payment of the industrial revenue note. City
Attorney Dave Snyder presented an overview of this issue and stated that he will keep Council
informed of the situation.
ADJOURNMENT
Haas made motion, Granger seconded, to adjourn at 10:00 pm.
All aye. Motion Carried.
Mary reager
City 1