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HomeMy WebLinkAbout2002.02.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING FEBRUARY 19.2002 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Miron. City Administrator, Michael Ericson CD Director, John Rask City Attorney, Dave Snyder . City Engineer, Dave Mitchell City Clerk, Mary Ann Creager ABSENT: Frank Puleo CITY COUNCIL MINUTES FOR MEETING OF JANUARY 16.2002 'Granger made motion, Petryk seconded, to approve the minutes for the Council meeting of January 16, 2002 as presented. All aye. Motion Carried. CITY COUNCIL MINUTES FOR MEETING OF JANUARY 30.2002 Miron made motion, Haas seconded, to approve the minutes for the Council meeting of January 30, 2002 subject to two resolutions being drafted as per meeting minutes prepared by the Lino Lakes minute taker. VOTING AYE: Granger, Haas, Miron ABSTAINED: Becky Petryk Motion Carried. CITY COUNCIL MINUTES FOR MEETING OF FEBRUARY 4.2002 Haas made motion, Granger seconded, to approve the minutes for the Council meeting of February 4, 2002 as amended. All aye. Motion Carried. APPROVAL OF AGENDA M.1 Job Description for Video Technician M.2 New City Hall Update Miron made motion, Petryk seconded, to approve the agenda for February 19, 2002 as amended. All aye. Motion Carried. CONSENT AGENDA Granger made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims City Council meeting of February 20, 2002 Page 2 Creekview Preserve (Amended Development Agreement) Approval of Ordinance Adopting New Zoning Ordinance Approval of the Courage Center Gambling Permit for Raffle at Wild Wings Approval of Change Order for New Water Tower All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims for February 19, 2002 as presented. CREEKVIEW PRESERVE (AMENDED DEVELOPMENT AGREEMENT) CD Director John Rask received a request from Dennis Backes, developer for Creekview Preserve subdivision, seeking Council approval to develop the remaining lot located at 15807 Foxhill Avenue. This lot served the Hugo Fire Department as an emergency access point until such time as the subdivision was completed. Adoption of the Consent Agenda approved the construction of a home on the last remaining lot in the Creekview Preserve 1 n Addition. APPROVAL OF ORDINANCE ADOPTING NEW ZONING ORDINANCE At its February 11, 2002 meeting, Hugo City Council adopted the newly revised zoning ordinance. Council directed staff to draft an appropriate ordinance to incorporate language allowing the adoption of the new zoning ordinance. City Attorney Dave Snyder prepared the ordinance to allow for the adoption of the new zoning ordinance, which is hereby presented for Council approval. Adoption of the Consent Agenda approved the ordinance adopting the new zoning ordinance for the City of Hugo. APPROVAL OF THE COURAGE CENTER GAMBLING PERMIT FOR RAFFLE AT WILD WINGS The City received a completed application from the Courage Center to allow for the lawful gambling permit to conduct a raffle at Wild Wings as part of their "Sporting Clays Shoot for Courage St. Croix" event to be held on March 22, 2002. City staff has reviewed the application and found it to be consistent with all state law requirements. Adoption of the Consent Agenda approved the lawful gambling permit for the Courage Center to conduct a raffle at the Wild Wings Game Farm. APPROVAL OF CHANGE ORDER FOR THE NEW WATER TOWER City Engineer Dave Mitchell received a request from the project manager for Landmark Structure, the contractor who is building the new water tower, to not construct the rooms on'the mezzanine level, which the City would lease to communication companies. SEH Project Manager Steve Campbell reviewed the request from Landmark Structure and found it to be consistent with the needs of communication companies. Communication companies do not need separate rooms for the installation of their equipment; they simply mount their equipment on the concrete wall and it may, or may not, be located immediately next to a competitor's equipment. Adoption of the Consent Agenda approved the. change order for the new water tower and reduces the construction cost in the amount of $16,010. City Council meeting of February 20, 2002 Page 3 APPROVAL OF DEVELOPMENT AGREEMENT FOR VICTOR GARDENS For the past several months, City staff has met with Len Pratt, the developer for Victor Gardens, to revise the Development Agreement to the satisfaction of both parties. City Attorney Dave Snyder and CD Director John Rask have made all the necessary revisions to the Development Agreement. Haas made motion, Granger seconded, to approve the Development Agreement for Victor Gardens as amended. All aye. Motion Carried. 165'` STREET DITCH CLEANING AND ONEKA LAKE OUTLET PROJECT At its January 7, 2002 meeting, the Hugo City Council accepted the feasibility study for the 16P Street Ditch/Oneka Lake Outlet Project, prepared by Water Resource Engineer Pete Willenbring from WSB Engineers at the direction of the Council. Council directed staff to schedule a public hearing on the project in order to take public comment regarding whether to proceed with the project. As Council is aware, staff suggested up -front payment from the major landowners in order for the project to be fully funded and to proceed. Pete Willenbring presented the project's scope and highlighted suggested funding methods. Mayor Miron opened the public hearing with the following making public comment: Greg Bernier, 15 44 Forest Blvd., questioned whether an easement would affect building setbacks requirements, and was advised that the setback would not be affected. Staff will research a setback with the City's building official for a building constructed by Mr. Bernier. Elizabeth Hex, ann, 6189 165th Street, questioned whether the project would include her property north of the Busy B Enterprise property. Engineer Willenbring stated that the City would include this area if property owners would agree to grant easements to the City for no charge. Bryon Bogenrief, 16120 Harrow Avenue, was concerned with the level of Oneka Lake and what "safety valve" would be in place if the project had to be stopped. It was suggested that because the DNR would have made a financial investment in Oneka Lake for the purchase of the Berning.property, that they would be diligent in making sure that the approved water elevation of the lake would be maintained. Bonnie Weber, 7222 Oneka Lake Blvd., questioned whether the ditch project could be done without the outlet from Oneka Lake. ' Gary Weber, 7222 Oneka Lake Blvd., questioned whether the project would drain the Riopel property on 165'h Street and ultimately drain Oneka Lake. Engineer Willenbring stated that the project would not affect the Riopel property. Beverly Aplikowski, Busy B Enterprises, requested the Council look favorably on the project. Janice Arcand, wintering in Florida, submitted her comment in writing and requested support of the project by the Council. Mayor Miron closed the public hearing for Council discussion. Council member Petryk requested Pete explain City Council meeting of February 20, 2002 Page 4 drainage in the area with/without the ditch project. Councilman Haas felt that the project would be a benefit to all concerned. Miron made motion, Granger seconded, authorizing Water Resource Engineer Pete Willenbring to prepare plans and specifications for the project, and directing the City Attorney to prepare a Cooperative Agreement between the City and the landowners. Staff shall begin discussion with the property owners north the proposed project to determine their interest in being included in the ditch cleaning project. All aye. Motion Carried. ORDINANCE TO ESTABLISH CITY FEE SCHEDULE At its January 22, 2002 meeting, the Hugo City Council reviewed with staff the draft City fee schedule, as prepared by Computer Integrated Technologies, suggesting increases in a variety of City fees. City Attorney Dave Snyder advised Council that in order to establish City fees annually with a resolution, the Council should adopt an ordinance under which the resolution would apply. A public hearing was called to solicit public comment on the proposed ordinance and provide direction to staff regarding the formal establishment of an ordinance that would establish City fees by resolution. Mayor Miron called the public hearing to order and there were no oral or written comments. Council noted that developers are responsible for all fees charged to their particular development. Petryk made motion, Haas seconded, directing staff to develop an ordinance that would establish City fees by resolution for Council consideration. All aye. Motion Carried. CITY S MANAGEMENT PLAN (RCWD REQUESTS CITY TO COMPLETE SNVMM MODEL) Water Resource Engineer Pete Willenbring from WSB Engineers resubmitted the City's Stormwater Management Plan to the Rice Creek Watershed District for acceptance and approval late last fall. RCWD officials are in the process of reviewing the plan and have suggested the SWMM Model be used to model some of the stormwater collection system west of TH61. RCWD's Engineer EOR met with City officials one month ago to discuss this work. Pete Willenbring presented this issue to Council for discussion and a decision regarding a need for the additional SWMM modeling. The Council felt that the additional modeling would benefit the RCWD as much as the City. Miron made motion, Haas seconded, directing staff to incorporate language in the City's Water Stormwater Management acknowledging benefit of the additional modeling for the RCWD and that the City would be willing to provide leadership in a joint cooperative study to identify the flowage downstream of TH61. All aye. Motion Carried. DISCUSS JD2 CULVERT DESIGN (FEBRUARY 7, 2002 BLUE RIBBON TASK FORCE The Blue Ribbon Task Force met on February 7, 2002 to discuss the culvert design for JD2 crossings. City Council meeting of February 20, 2002 Page 5 RCWD's Engineer EOR presented options to the Task Force regarding the design and cost estimates for the design options. Council Members Frank Puleo and Becky Petryk were in attendance at the meeting along with the City's Water Resource Engineer Pete Willenbring from WSB Engineers. Pete reviewed the direction given to EOR by the Blue Ribbon Task Force at their February 7, 2002 meeting. Council listened to the presentation from Pete and provided direction to staff regarding the final culvert design and funding options beyond those that would be included in the City/RCWD grant application to MNDOT for funding the work. Granger made motion, Haas seconded, to support the staffs recommendation made at the Blue Ribbon Task Force Meeting to limit the head loss at each crossing to less than 0.25' of stage increase. All aye. Motion Carried. STREET NAMING ORDINANCE In fall 2001, the Hugo City Council directed staff to prepare a street naming ordinance that would allow the City to opt out of the County's street naming policy, which covers the City. As Council is aware, developer Len Pratt had requested from Council the opportunity to capture the unique French heritage in the naming of his street in Victor Gardens. The County's street naming policy is too restrictive. City Attorney Dave Snyder prepared a street naming ordinance whereby the City would opt out of the County street naming policy and allow for assignment of street names by the developer or builder with approval by the City's Building Official. City staff recommended Council adopt the new street naming ordinance and repeal the existing Chapter 278 -Street Name. Haas made motion, Granger seconded, to adopt ORDINANCE 2002-356 AN ORDINANCE REPEALING EXISTING CHAPTER 278 — STREET NAMES. VOTING AYE: Granger, Haas, Petryk, Miron VOTING NAY: NONE Motion Carried. MINNESOTA UNION BUILDERS SALE OF TIF BOND AND APPROVAL OF DEVELOPMENT AGREEMENT In fall 2001, the Council.approved the sale of $6.5 million in Industrial Revenue Bonds for Minnesota Union Builders to finance the acquisition of land and construction of the new facility in the Bald Eagle Industrial Park. The owners of Minnesota Union Builders are in need of additional financing and requested City authorization to issue a Taxable Tax Increment Revenue Note to be purchased by two banks in Iowa. Frank Dunbar and Jim Boo have reviewed this TIF agreement with City staff and the City's finance advisor, Springsted, along with City bond counsel, Mary Ippel from Briggs and Morgan. City Attorney Dave Synder also reviewed the revised Development Agreement, including the TIF note. The developer will pay all City consultant fees, with no charge or risk to the City. Approval of the refunding bonds is necessary because the initial revenue bonds were parked in December. Haas made motion, Miron seconded, to adopt RESOLUTION 2002-3 A RESOLUTION AWARDING THE SALE OF AND PROVIDING FOR THE TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS TAXABLE TAX INCREMENT REVENUE NOTE (HUGO LAND City Council meeting of February 19,. 2002 Page 6 DEVELOPMENT, LLC PROJECT), SERIES 2002, IN THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF $610,535. VOTING AYE: Granger, Haas, Petryk, Miron Motion Carried. Haas made motion, Granger seconded, to adopt RESOLUTION 20024, A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $6,550,000 INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS, SERIES 2002 (MN UNION BLDRS PROJECT) TO FINANCE A PROJECT. VOTING AYE: Granger, Haas, Petryk, Miron Motion Carried. COMMUNITY ROOM USAGE POLICY TOBACCO FINE SCHEDULE AMERICAN LEGION POST 620 MEMORIAL FOR CITY HALL SITE Miron made motion, Petryk seconded, to table discussion of these matters until the Council meeting of March 4, 2002. All aye. Motion Carried. REQUEST BY SCHWIETERS TO EXTEND OPTION AGREEMENT As Council is aware, the Schwieter brothers received an Option Agreement from the City of Hugo to purchase a vacant parcel of land in the Bald Eagle Industrial Park, legally described as Lots 4 and 5, Block 1, Bald Eagle Industrial Park 3'd Addition. Tom Junnila represented the Schwieters in their $5,000 option on the property. Mr. Junnila addressed the Council stating that Schwieters wish to extend the Option Agreement for one more year without an additional an additional $5,000 payment. Miron made motion, Granger seconded, to extend the Option Agreement for one year for the purchase of. Lots 4 and 5, Block 1, BEIP and not include an additional dollar value to the agreement. All aye. Motion Carried. MNDOT NOTICE OF FUNDING FOR TRAFFIC SIGNAL AT TH61 & 140M ST. At its February 11, 2002 meeting, City Engineer Dave Mitchell announced that he had received notification from MNDOT that they were accepting the City's application for funding of a traffic signal at TH61 and 140'h Street. A condition of the notice of funding is the need for the City to acknowledge acceptance of the funding and the associated conditions. Haas made motion, Miron seconded, acknowledging acceptance of the MnDOT funding along with the associated conditions. All aye. Motion Carried. City Council meeting of February 19, 2002 Page 7 Haas made motion, Petryk seconded, to table action on the Supplemental Letter Agreement with SEH pending staff review of the Agreement. All aye. Motion Carried. .ROAD RESTRICTION EXEMPTIONS Public Works Director Chris Petree received a number of complaints in spring 2001 regarding the City's road restriction policy, and he is concerned that the refuse hauler's trucks may have a negative impact on City streets. Spring road restrictions were established on February 18, 2002 necessitating Council consideration for the allowance of whether refuse haulers would qualify for this exemption under the City's current ordinance, which places a five ton load limit on all City streets during spring road restrictions. Miron made motion, Granger seconded, that refuse haulers qualify for an exemption under the City's ordinance that places a 5 -ton load limit on City streets during spring road restrictions. VOTING AYE: Granger, Petryk, Minn VOTING NAY: Chuck Haas Motion Carried. CONCEPT PLAN FOR FROM CENTEX HOMES FOR FENWAY BOULEVARD PROJECT CD Director John Rask received a request from Centex Homes for a concept plan for property located immediately west of Fenway Boulevard. Centex Homes requested time from the Council to review and comment on the layout and design of the new subdivision. This would be an informal review with no official direction from Council. Steve Ach, from Centex Homes, presented their vision for development of the subject site. Council member Petryk commented that the project appeared too dense with no provision for a park. No formal Council action was taken on this matter. VIDEO TECHNICIAN (JOB DESCRIPTION) Granger made motion, Haas seconded, to develop a job description for a video technician and advertise to fill the position. All aye. Motion Carried_. ADJOURNMENT Miron made motion, Haas seconded, to adjourn at 10:00 am. All aye. Motion Carried. Mary eager City Cl