Loading...
HomeMy WebLinkAbout2002.02.04 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF FEBRUARY 4.2002 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, Mary Ann Creager CITY COUNCII. MINUTES FOR MEETING OF JANUARY 16.2002 Puleo made motion, Granger seconded, to approve the minutes for the City Council meeting of January 16, 2002 as presented. All aye. Motion Carried. CITY COUNCIL MINUTES FOR MEETING OF JANUARY 22.2002 Haas made motion, Granger seconded, to approve the minutes for the City Council meeting of January 22, 2002, as amended. All aye. Motion Carried. APPROVAL OF AGENDA L.2 Discussion of Parks Commission Vacancy L.3 New City Hall Update LA City Engineer Legislative Update Miron made motion, Haas seconded, to approve the agenda for February 4, 2002 as amended. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approval of 2002 Rate Table for SEH Approval of AUAR for Everton Avenue Neighborhood Reschedule Regular Council Meeting to February 19, 2002 Approve Payment Request from Mark Haug Construction, Inc., for Work Completed to Date on the New City Hall Approve Change Order No. 3 for New City Hall All aye. Motion Carried. City Council meeting of February 4, 2002 Page 2 APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims for February 4, 2002 as presented. APPROVAL OF 2002 RATE TABLE FOR SEH ENGINEERING City Engineer Dave Mitchell submitted the 2002 rate table for SEH Engineers. Adoption of the Consent Agenda approved the new SEH engineering rate table for 2002. APPROVAL OF AUAR FOR EVERTON AVENUE NEIGHBORHOOD At its January 22, 2002 meeting, CD Director John Rask presented the AUAR for the Everton/Elmcrest Avenue neighborhood, which was prepared by WSB Engineers. Council tabled action on approval of AUAR until staff had an opportunity to meet with Met Council representatives. On Monday, January 28, 2002, City staff met with representatives from the Met Council to discuss the AUAR that had been submitted to the Met Council for review. Met Council representatives agreed to withdraw their letter of objection for the project. Adoption of the Consent Agenda approved the AUAR for the Everton/Elmcrest Avenue neighborhood. RESCHEDULE REGULAR COUNCIL MEETING TO FEBRUARY 19.2002 The President's Day federal holiday falls on Monday, February 18, 2002. City Council normally reschedules this second meeting of the month to the 'Tuesday immediately following the holiday. Adoption of the Consent Agenda rescheduled the regular second meeting of February to Tuesday, February 19, 2002. APPROVE PAYMENT REQUEST FROM MARK HAUG CONSTRUCTION FOR WORK COMPLETED TO DATE ON THE NEW CITY HALL Mark Haug Construction, Inc., submitted its 7'h pay request for work completed to date on the construction of the new City Hall. City architect Bob Russek from ESG Architects reviewed the pay request and found it to be consistent for work completed to date. Adoption of the Consent Agenda accepted the City architect's recommendation and approved payment in the amount of $244,762.75. APPROVE CHANGE ORDER NO.3 FOR NEW CITY HALL City architect Bob Russek of ESG Architects submitted Change Order No. 3 for the construction of the new City Hall. Staff reviewed the Change Order with the city architect and Mark Haug Construction, Inc., and recommended approval. Adoption of the Consent Agenda approved Change Order No. 3 in the additional amount of $13,105. APPROVAL OF ZONING ORDINANCE At its January 22, 2002 meeting, the Council considered approval of the zoning ordinance that had been revised by staff after the joint City Council and Planning Commission meeting on December 1, 2001. Council agreed to table final approval of this zoning ordinance for one more meeting to allow for City Council meeting of February 4, 2002 Page 3 additional review. At its January 23, 2002 meeting, the Planning Commission recommended some final revisions to the new buffer ordinance. Staff and the City Attorney had concerns with the revised ordinance, and the CD Director provided a report that discussed those concerns. The Council discussed at length buffer yard requirements and their impacts on future development. Miron made motion, Haas seconded, to table discussion of buffer yards until a future meeting for review of the new draft that includes suggested Council changes. All aye. Motion Carried. The Council continued discussion of the proposed land use regulations as they relate to home occupation businesses, as well as a proposed new zoning definition for home-based businesses. Miron made motion, Petryk seconded, to direct the Planning Commission to formulate guidelines for home-based businesses and submit to Council for its review and approval. All aye. Motion Carried. Haas made motion, Granger seconded, to table approval of changes for home occupation businesses until discussion is completed relative to home-based businesses. All aye. Motion Carried. Continued discussion of land use issues moved to commercial/hobby kennels in the City. Council member Haas felt that commercial kennels should be fenced the same as required of hobby kennels and change the land required for commercial kennels from five acres to 10 acres. Haas made motion, Petryk seconded, to adopt Ordinance 2002-355 approving the comprehensive land use regulations as amended, including the zoning map. Staff is directed to prepare a summary ordinance for publication. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. COMMUNITY DEVELOPMENT DEPT MORATORIUM PROJECTS LIST CD Director John Rask presented to Council the two-page community development project list outlining the 76 projects undertaken by staff from August 2000 to February 2002, including a number of issues that needed to be completed by the February 19, 2002 moratorium deadline. John explained in detail the number of public meetings held, issues reviewed, and projects completed to date in order for the City to immerge from the housing moratorium. Council expressed its appreciation for all the work. No Council action was required. CSAH 8114 -I -35E INTERCHANGE (JANUARY 30TH TRI -CITY MEETING) On Wednesday, January 30, 2002, the Council met with the city councils from Centerville and Lino City Council meeting of February 4, 2002 Page 4 Lakes at the Lino Lakes city hall. Included on the agenda was a discussion with Rick Arnebeck from MnDOT regarding the need for improvements to the interchange at CSAH 144-35E. Mayor Miron stated that the City would draft and adopt a resolution showing support of the need for improvements. The next meeting to discuss this matter is scheduled for May 2002. APPRAISAL OF BERNIN PROPERTY At its December 17, 2001 meeting, the Council directed staff to work with McKinzie Appraisal to prepare a new appraisal for the Bernin property. The City would acquire the property with a $305,000 DNR grant and City parkland funds. Wally Oien from McKinzie Appraisal prepared a new appraisal that was presented to the Bernins' attorney, Chris Johnson, who raised a number of concerns. Hugo City officials met with the Bernins' attorney on January 31, 2002 to discuss these issues. City staff presented the results of that meeting, including a recommendation on a submittal of a final purchase agreement to the Bernins to purchase their property for parkland. Robyn LaCasse, Parks Commission Chair, stated that the Commission was very much in support of the City purchasing the Bernin property. The Council reviewed the draft Purchase Agreement with Council members Granger and Puleo addressing the options that were to be included in the document. Miron made motion, Petryk seconded, to accept the Purchase Agreement to acquire the Bruce Bernin property in the amount of the appraisal value of $752,000 minus lease payments. The Agreement will be subject to final approval by the City Attorney and Council members Mike Granger and Frank Puleo and presented to Bruce and Virginia Bernin. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Chuck Haas Motion Carried. BEVER LANDSCAPING At its January 22, 2002 meeting, the Council received a report from the Community Development Department stating that it had received complaints regarding the Bever Landscaping operation on 132"d Street. Staff reported that it would review with Mr. Bever those issues of concern as they relate to the SUP that regulates the landscape operation. CD Director John Rask reported that according to the SUP, Mr. Bever is allowed to operate the landscaping business, but that it may be in violation of the conditions of the permit. The Council discussed at length the business as it relates to the SUP issued to Jim Bever in November 1996. Mr. Bever addressed the Council outlining his business activities at present and in the future. Deb Barnes, a neighbor to the west, was on the City Council when the SUP was approved, and she outlined her recollection of what was approved for Mr. Bever. After further discussion, Miron made motion, Puleo seconded, recognizing that the SUP issued Mr. Bever does allow for operation of a landscape business as a part of the Permit. All aye. Motion Carried. City Council meeting of February 4, 2002 Page 5 Miron made motion, Puleo seconded, that the Council recognizes that the conditions listed in the SUP are applicable to the wholesaletretail and not to the landscape business operation. VOTING AYE: Granger, Petryk, Puleo VOTING NAY: Haas and Miron Motion Carried. Deb Barnes asked the Council to memorialize the business in 1999 to make sure it does not get bigger in future years. Puleo made motion, Granger seconded, that the City Council finds that the snowplowing business is a part of their landscape business. VOTING AYE: Granger, Petryk, Puleo VOTING NAY: Haas and Miron Motion Carried. Miron made motion, Haas seconded, directing the City Attorney to draft an opinion of the Bever Landscape business and how it was, or was not, affected by the change in 1999 land use regulations. VOTING AYE: Haas and Miron VOTING NAY: Granger, Petryk, Puleo Motion Failed. PARKS COMMISSION VACANCY Miron made motion, Granger seconded, to establish a committee to interview candidates for the Parks Commission consisting of. Parks Commission Chair Robyn LaCasse; Council liaison Chuck Haas; and CD Director John Rask. All aye. Motion Carried. RECESS Haas made motion, Granger seconded, to recess tonight's meeting at 10:00 pm until Tuesday, February 5, 2002 at 8:00 am. All aye. Motion Carried. Mayor Fran Miron reconvened the February 4, 2002 meeting on February 5, 2002 at 8:25 am. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator, Michael Ericson CD Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager City Council meeting of February 4, 2002 Page 6 CAPITAL IMPROVEMENTS PROGRAM At its workshop on January 28, 2002, the Council discussed with staff the equipment needs for the public works department in 2002 that are contained in the City's Capital Improvements Program prepared by Springsted, Inc. Council considered a number of pages from the CIP and the list of equipment the public works and fire department and major public infrastructure projects. Council and staff considered a prioritization of the CIP purchases and improvements. Staff will prepare a financing plan for Council to purchase the agreed to vehicles and equipment. ONEKA LAKE VIEW SUBDIVISION The Council directed City Attorney Dave Snyder to submit a letter to the developer of the Oneka Lake View subdivision regarding a number of outstanding issues that need to be addressed and corrected before a final completion is approved on the subdivision. Dave spoke with Jack Menkveld, the owner of North Suburban Builders, and reported on that discussion with Council and a timeline for completion of the uncompleted items. Some Council members were unaware that a driveway permit had been issued administratively for the bituminous driveway. Haas made motion, Granger seconded, authorizing the City Attomey to send a letter to the developer notifying him of items that still need to be corrected. Although the Council disagrees, the Council will not impose a SUP requirement for the bituminous driveway. All aye. Motion Carried. DRAFT POLICY ON COMMISSION (RE)APPOINTMENTS At its January 22, 2002 meeting, the Council directed staff to prepare a draft policy regarding the appointments(re) on all City commissions. The Council reviewed several draft policies that would allow the Council to conduct performance reviews on all commissioners. Miron made motion, Haas seconded, to adopt a policy addressing the (re)appointment of all Commission members and establishment of performance reviews. Staff was directed to draft an evaluation form with a point -grading system. All aye. Motion Carried. COMMUNITY CENTER USAGE POLICY (DRAFT) At its January 22, 2002 meeting, the Council directed staff to prepare a community center usage policy that would regulate the public use of the community center/Oneka Room in the new City Hall. City staff prepared a draft policy regarding the community center use, and presented it to the Council for review and discussion. Council made suggestions to staff for modifications to the policy. Miron made motion, Granger seconded, that staff continue to work on the draft policy and return to the Council for fiuther consideration. All aye. Motion Carried. City Council meeting of February 4, 2002 Page 7 MNDOT FUNDING FOR TH61 AND 140 STREET At its October 15, 2001 meeting, the Council directed the City Engineer Dave Mitchell to submit funding requests to MnDOT to fund the installation of stoplights at three intersections on TH61. Dave received notification from MnDOT that funding has been allocated for the installation of a stoplight at TH61 and 140' Street. The funding is in the amount of $250,000, which is about 500/o of the cost needed to fully complete the installation of a stoplight. It was suggested that the City's cost for this project ($500,000) be included in the City's CIP. Miron made motion, Petryk seconded, authorizing the City Engineer to start steps to implement the installation of a stoplight at TH61 and 14& Street. All aye. Motion Carried. DATA PRACTICES ACT (DRAFT POLICY) City Attorney Dave Snyder reviewed the new changes to the State of Minnesota Data Privacy Act, as it relates to the Data Practices Act, and the need for a City policy on this issue. Staff presented a draft policy to Council for consideration and direction to staff. Miron made motion, Granger seconded, authorizing the City Attorney to develop a data practices policy for the City, and that he be appointed as the City's data practices official. All aye. Motion Carried. PLANNING COMMISSION ANNUAL REPORT AND 2002 WORK PLAN At its January 23, 2002 meeting, the Planning Commission accepted the annual report and 2002 work plan from CD Director John Rask. John presented the annual report for consideration and acceptance by the City Council, along with the 2002 work plan that involves issues critical to the future development of Hugo. The Council requested such a work plan from the Parks Commission as well. Miron made motion, Haas seconded, accepting the Planning Commission's 2001 Annual Report and its 2002 Work Plan. All aye. Motion Carried. DANGEROUS DOG DESIGNATION City Prosecutor Tom Weidner presented a new state statute that changes the category and designation of dangerous dogs as it relates to those defined in Hugo City Ordinance. The new state statute does not require change to the City's existing ordinance. No Council action was required. TOBACCO ORDINANCE VIOLATION Staff received notification from the Washington County Sheriff's Department that a Hugo business City Council meeting of February 4, 2002 Page 8 failed a compliance check in November 2001. Staff reported on a meeting with the license holder and a suggestion for a penalty schedule for violations. Haas made motion, Miron seconded, directing staff to provide a draft ordinance that would outline penalties for tobacco violations. All aye. Motion Carried. Haas made motion, Miron seconded, directing staff to send a letter to Dan Nadeau thanking him for his letter and informing him of the pending ordinance amendment. All aye. Motion Carried. CITY ENGINEER LEGISLATIVE UPDATE City Engineer Dave Mitchell updated the Council on various programs available where the City might obtain funding for projects. Councilman Haas suggested Dave provide a glossary of programs for the Council LETTER OF SYMPATHY Miron made motion, Haas seconded, directing staff to send a sympathy card to U.S. Congressman Bill Luther for the recent loss of his wife State Representative Darlene Luther. All aye. Motion Carried. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 11:00 am. All aye. Motion Carried. Ac �. t'�`�. � ,ems ,�. Mary reager City