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HomeMy WebLinkAbout2002.07.15 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 15.2002 Mayor Fran Miron called the meeting to order at 7:10 pm. PRESENT: 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 ABSENT: Mike Granger MINUTES FOR THE CITY COUNCIL MEETING OF JULY 1. 2002 Haas made motion, Petryk seconded, to approve the minutes for the Council meeting of July 1, 2002 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Add to Consent Agenda — Change Order No. 2 for Richard Knutson, Inc., for the Peloquin Industrial Park Improvement Project Add to Consent Agenda — Variance and Lot Line Adjustment for Joe and Sandy Niemczyk Add to Consent Agenda — Charitable Gambling License for St. John the Baptist Church Delete GA from Consent Agenda Remove from discussion I.4 until the Council meeting of August 5, 2002 Add John Waller to Visitor Presentation Add Anoka County Letter as L.1 Add Discussion of City Hall Landscaping Update Miron made motion, Haas seconded, to approve the agenda for July 15, 2002 as amended. All aye. Motion Carried. CONSENT AGENDA Haas made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Approve Request to Hold Block Party on Geneva Avenue (Steve Quast) Approve Hiring of Two Full -Time Public Works Employees Approval for Hugo Lions to Hold Culpepper & Merriweather Circus @ Lions Park (8/2 & 8/3) Accept Resignation of Hugo Firefighter Ken Lindberg Approve Encroachment Agreement for 5708 159`b Circle (Kia Yang) Approve Annual Performance Review and Salary Adjustment (Chris Petree) Approve Lawful Gambling License for St. John the Baptist Church City Council meeting of July 15, 2002 Page 2 Approve Change Order No. 2 for Richard Knutson, Inc., for Work Completed on Peloquin Industrial Park Public Improvement Project Approve Variance and Lot Line Adjustment for Joe and Sandy Niemczyk All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims for July 15, 2002 as presented. APPROVE REQUEST TO HOLD BLOCK PARTY ON GENEVA AVE (STEVE QUASI) Steve Quast, a Hugo resident living at 13690 Geneva Avenue, has made application to the City to hold a neighborhood block party on Saturday, August 17, 2002. He is requesting that a portion of Geneva Avenue be blocked off to allow for him and his neighbors to hold a block party much like the Sweet Grass Meadows block party held a month ago. City staff has reviewed the request and found it to be consistent with the block party requests received in the past. The Parks Commission, WCSO, and the Public Works Department have been notified of this request. Adoption of the Consent Agenda approved the request to hold a block party on Geneva Avenue, just south of CR8A on August 17, 2002. AUTHORIZE HIRING OF TWO FULL-TEWE PUBLIC WORKS EMPLOYEES On May 6, 2002, Council authorized staff to advertise for the hiring of two new full-time public works employees. The City received 158 applications for the positions, and after ranking, interviewed the top 20 candidates. The first interview list was pared down to seven candidates, who were then interviewed for a second time by the interview team consisting of City Administrator Mike Ericson, Public Works Director Chris Petree, and Public Works worker Tom Smith. The interview team concurred that the City received a number of excellent applicants, who were well qualified for the position making the selection process a lengthy one. The interview team recommends Council hire Robert Weldon and Michael Loeffler as the new public works employees. These employees would be subject to the standard pre- employment physical examination and standard six-month probationary period. These individuals will be hired at a rate of $18/hr, and upon successful completion of the 6 -month probationary period, will be inserted into the City's pay scale at a pay grade 5, Step 2, which is currently $18.32/hr. Council member Frank Puleo requested more time to review the resumes of Robert Weldon and Michael Loeffler, as well as the applications of the other top seven candidates, so the issue was tabled until the July 15, 2002 Council meeting. Adoption of the Consent Agenda approved the hiring of Robert Weldon and Michael Loeffler at the new public works employs, subject to the standard six-month probationary period. APPROVAL FOR HUGO LIONS TO HOLD CULPEPPER & MERRIWEATHER CIRCUS Q-) LIONS PARK ON AUGUST 2 AND AUGUST 3 The Hugo Lions Club has made application to the City of Hugo to hold the Culpepper & Merriweather Circus on Friday, August 2, 2002 and Saturday, August 3, 2002 at Lions Park. This is the same circus that came to town two years ago, and it was very popular and well attended by Hugo residents and young families. Staff reviewed the availability of the park with the WBL Recreation Department, and it is available both of those days. Along with the support from the Hugo Lions Club and the area businesses, City Council meeting of July 15, 2002 Page 3 Adoption of the Consent Agenda TP roved the use of Lions Park for the Culpepper & Merriweather Circus on August 2°d and August 3 . ACCEPT RESIGNATION OF HUGO FIREFIGHTER KEN LINDBERG Hugo firefighter Ken Lindberg has submitted his resignation from the Hugo Fire Department due to a change in his employment schedule. Adoption of the Consent Agenda accepted the resignation of Ken Lindberg from the Hugo FD, and that his name be held in good standing should he require readmittance at some time in the future. APPROVE ENCROACHMENT AGREEMENT FOR 5708159 CIRCLE (KiA YANG) Kia Yang has made application to the City for approval of an Encroachment Agreement to encroach 7' into the drainage and utility easement for construction of a deck on her property at 5708 1590' Circle. The deck would be 15' wide by 12' deep. City staff has reviewed the application and found that it would be acceptable under the City's zoning ordinance. Adoption of the Consent Agenda approved the Encroachment Agreement for the construction of a deck that would encroach 7' into the drainage and utility easement at the home located at 5708 1590' Circle. APPROVE ANNUAL PERFORMANCE REVIEW AND SALARY ADJUSTMENT (CHRIS PETREE The City hired Chris Petree on July 19, 1999 as the City's maintenance worker. Over the past three years, Chris has worked diligently in his role as maintenance worker and now with his promotion to Public Works Director over the past year, to build an excellent foundation for the City's newly created Public Works Department. As a hard worker who is very organized and extremely conscientious, Chris was directly responsible for assisting and making the move for the City Hall employees to the new facility, and for creating and refurbishing the old City Hall into the new Hugo public works facility. He has worked closely with the City Administrator and the Council to create a public works organizational chart to allow for the building of the department through the hiring of excellent employees. He does an excellent job and is relied upon by all City employees and the Council, respectively. Adoption of the Consent Agenda approved Chris Petree's annual performance review and salary adjustment as prescribed in the City's salary matrix. APPROVE VARIANCE AND LOT LINE ADJUSTMENT FOR JOE AND SANDY NIEMCZYK The applicants are requesting approval of a variance from the minimum lot width requirement to allow a property line adjustment for their properties located at 17115 Henna Avenue North and 76661700' Street N. The Niemczyks would like to subdivide 10 acres from their property at 17115 Henna Ave. N. consisting of approximately 25.4 acres, and add it to the 10 acres at 7666 1700 St. N., creating a 20 -acre parcel. The property line adjustment would reduce the current road frontage by 664± feet for the parcel located at 17115 Henna Ave. N., leaving approximately 61± feet of road frontage. City ordinance requires 300 feet minimum lot width in the Agricultural Zoning District. Vince and Peggy Neimczyk own the lot to the north, 17233 Henna Ave. The home on the property requesting the variance is currently being accessed through the property at 17233 Henna Ave. The parcels are under common family ownership but are noncontiguous. The property is divided by a 50 -foot wide utility right-of-way owned by St. Croix Falls Minnesota City Council meeting of July 15, 2002 Page 4 Improvement Company. Further, the home at 17115 Henna will eventually be removed. Adoption of the Consent Agenda approved the variance and lot line adjustment as requested by Joe and Sandy Niemczyk. APPROVE CHANGE ORDER NO.2 FOR RICHARD KNUTSON, INC.. FOR WORK COMPLETED ON THE PELOOUIN INDUSTRIAL P.I. PROJECT Richard Knutson, Inc., has submitted Change Order No. 2 for costs related to remobilization and completion of construction of the project in the spring rather than the winter for an additional cost of $63,000. Adoption of the Consent Agenda adjusts the contract sum from $1,186,307.69 to $1,199,307.69. APPROVE LAWFUL GAMBLING LICENSE FOR ST. JOHN THE BAPTIST CHURCH St. John the Baptist Church, 14383 Forest Boulevard, has made application to the City to conduct gambling activities at their festival to be held on August 25, 2002. Adoption of the Consent Agenda approved the lawful gambling license for the St. John the Baptist Church to conduct lawful gambling activities at their festival to be held on August 25, 2002, and waiver of the 30 -day waiting period. APPROVE MINING PERMIT (ATKINSON) Dean and Ruby Atkinson have made application to the City for approval of its biannual excavating and mining permit for their property located at 147`h Street and Irish Avenue. A public hearing was scheduled to take public comment regarding their Mining Permit. The public hearing was called to order and there were no oral or written comments regarding the operation. CD Director John Rask provided a brief history of the operation and stated that no complaints about the business have registered with the City. Dean and Mike Atkinson briefly addressed the Council. It was suggested that the Mr. Atkinson provide the City with documentation as to how much material has been removed from the pit should the City need to provide maintenance to the haul roads. If needed, Dust Lock can be considered for dust control. If the City does not already have one, a reclamation plan should be submitted, as well. Miron made motion, Haas seconded, to approve the bi-annual Mining Permit for Dean and Ruby Atkinson with recommended changes. All aye. Motion Carried. DRAINAGE AND UTILITY EASEMENTS FOR VICTOR GARDENS Len Pratt requested a vacation of the existing drainage and utility easements located on Outlots C and L of the Victor Gardens plat. The easements cover the area to be platted as Victor Gardens Second Addition and were put over the oudots at the request of the Rice Creek Watershed District. The easements were intended to be temporary easements until the oudots are developed at which time the necessary storm water improvements would be installed and new easement dedicated. On June 17, 2002, the City Council approved the final plat for Victor Gardens 2°d Addition, which included the necessary drainage and utility easements. The public hearing was called to order with no oral or written comments. City Council meeting of July 15, 2002 Page 5 Haas made motion, Puleo seconded, to vacate the easements and that the vacation be recorded along with the plat for Victor Gardens 2°d Addition. All aye. Motion Carried. CITY POLICY ON STREET RECONSTRUCTION AND ASSESSMENTS At its June 17, 2002 meeting, the Council directed staff to hold a public hearing on Monday, July 15, 2002, at the Hugo City Hall, to consider the adoption of a special assessment policy for street reconstruction. Mayor Miron called the public hearing to order and there were no oral or written comments on the draft on the proposed street assessment policy. Miron made motion, Haas seconded, that the Council continue the public hearing to its meeting on August 5, 2002 to allow any and all public comment on this most important City policy. All aye. Motion Carried. AUTO DISMANTLING LICENSE FOR ARK (DAN STEWARTI At its June 3, 2002 meeting, the Council tabled the application for renewal of the Auto Dismantling License from Dan Stewart operating as Automotive Recycling Kompany (ARK), and directed staff to. address issues related to his license that had to be completed last year. A compliance inspection was conducted by City staff on March 28, 2002, a subsequent inspection by the Fire Marshal on June 10, 2002, and a final inspection by City staff on July 15, 2002. There were a number of issues that needed to be brought into compliance before City staff could recommend approval of the Auto Dismantling License. CD Director John Rask and Code Enforcement Officer John Benson inspected the site this day, and John Rask reported that all items are now in compliance and recommended that the license be issued. Trees have been planted along the north property line on the east side of the property, but are questionable as a screening devise as the trees are quite sparse. Mr. Steward agreed to construct a fence next year in the event the trees do not survive. Haas made motion, Puleo seconded, to renew the Auto Dismantling License for ARK subject to the applicant agreeing that at the expiration of this permit to fence the 300' of the north property line should the Council deem it necessary for screening. All aye. Motion Carried. PELOOUIN INDUSTRIAL PARK IMPROVEMENT PROJECT UPDATE Over the past several months, staff has been working with Richard Knutson, Inc., contractor for the Peloquin Industrial Park public improvement project, to complete the project as specified in the contract. The company has returned on site this spring and graded around the concrete curbs, installed black dirt topsoil, and will install sod and seed very soon. The only additional work in the park itself would be the bituminous wear course, which is scheduled for this fall. A significant amount of the remaining work is the installation of the sanitary sewer line north from the project, which must be installed at an extra depth of 30' to 35'. City Council meeting of July 15, 2002 Page 6 APPROVE COOPERATIVE AGREEMENT W/RCWD AND COUNTY FOR CULVERT REPLACEMENT City staff was contacted by Steve Hobbs, administrator for the RCWD, regarding submittal of the Cooperative Agreement with the RCWD and Washington County for the installation of culverts along Hardwood Creek and JD2. Council had previously directed staff to proceed with the installation of the culverts and to complete the necessary agreements with all agencies. City staff has reviewed the Agreement and found it to be consistent and standard with respect to the normal and customary cooperative agreements. City Attorney Dave Snyder provided a number of suggested changes to the Agreement that met with Council approval. Brett Emmons from EOR answered questions from the Council. Council requested staff provide the funding source for this work be provided to them at their meeting of August 5, 2002. Haas made motion, Puleo seconded, to approve the Cooperative Agreement with the RCWD and Washington County for culvert replacement on Hardwood Creek and J132 with suggested changes outlined by the City Attorney. All aye. Motion Carried. Miron made motion, Haas seconded, directing staff to send a letter to Washington County and the City of Forest Lake indicating Hugo's acceptance of the Agreement and encourage them to sign the Agreement in an effort to move the project along. All aye. Motion Carried. 140TH STREET/LAIKE PLAISTED REPAIR PROJECT Mayor Fran Miron inspected the new gravel road on 14e Street adjacent to Lake Plaisted on June 22, 2002. The Mayor reported that there was severe erosion on the road and contacted the Public Works Director Chris Petree to investigate the problem. Chris and City Engineer Dave Mitchell met on site to survey the erosion along the lake, which is approximately 400' long. Additional riprap needs to be placed along the shoreline as well to prevent the continued erosion of the road. Chris provided quotations for the work, as well as updating the Council on the permitting process. Miron made motion, Haas seconded, to approve the installation of riprap along the steep bank of 400' to 500' of 14& Street along Lake Plaisted, at a cost not to exceed $28,185. All aye. Motion Carried. UPDATE ON SALE OF 13 ACRES IN BEIP At its June 17, 2002 meeting, CD Director John Rask presented an update on the sale of the BEIP property to a number of interested developers. Council had also discussed this issue previously at its workshop on Monday, June 3, 2002, at which Tom Junnila presented a concept plan on behalf of the Schwieters Properties. Council agreed and directed CD Director to inform the developers and/or buyers that a July 15'h deadline would be set in order to allow staff an opportunity to review purchase proposals. City Council meeting of July 15, 2002 Page 7 CD Director John Rask provided an update on interest and sale of 13 acres owned by the City in the BEIP. Developer Jim Kellison addressed the Council and felt that the sale of one -acre lots would be of benefit to the City as they are difficult to find. Tom Jackson was present as well to share his support for the project. Haas made motion, Puleo seconded, directing staff to prepare cost estimates and identify funding sources to construct the cul-de-sac to open up the City's and Tom Jackson's property. All aye. Motion Carried. SCHEDULE TIF REPORT PUBLIC MEETING WITH BUSINESS OWNERS At its June 12, 2002 workshop meeting, the Council agreed to schedule a meeting with business owners in the BEIP to explain the tax increment financing shortfalls and their TIF agreements with the City. Staff has had an opportunity, since that time, to work with the City's financial advisor, Paul Steinman from Springsted, Inc., in preparation of this upcoming meeting. Council directed staff to schedule the meeting with the business owners during the daytime in order to allow them an opportunity to meet during their regular business day. Miron made motion, Haas seconded, to schedule a meeting with business owners in the BEIP for 8:00 am, Thursday, August 8, 2002, in the Oneka Room, to explain the tax increment financing shortfalls and their TIF agreements with the City. All aye. Motion Carried. DISCUSSION OF PROPOSED TRANSFER OF DEVELOPMENT RIGHTS PROGRAM On June 17, 2002, the City Council directed staff to prepare a draft work program for the establishment of a committee to explore the potential of TDR's as a land preservation tool for the City; specifically, the Council directed staff to recommend specific goals for the committee. CD Director John Rask recommended that Council direct staff to advertise in the City's newsletter to solicit interested candidates to serve on the fact- finding Committee. Miron made motion, Petryk seconded, to form a fact-finding Committee to discuss the proposed transfer of development rights program as follows: City Council members Puleo and Haas; Planning Commissioners Rosenquist, Malaski, and Schumann; two members fiom the development community; and three residents of the City. All aye. Motion Carried. APPROVAL OF PRELIMINARY PLAT (WHITE OAK FIELDS SUBDIVISION) Rodney Bahr requested preliminary plat approval to subdivide a 40.6 -acre property into four ten -acre lots. The property is located north of the intersection of Hadley Circle and 132nd Street. The Planning Commission reviewed the request on June 27, 2002, and recommended approval by a unanimous vote. City Council meeting of July 15, 2002 Page 8 Council had a general discussion of indoor horse operations on the property, and agreed that an ordinance change would be necessary to allow a 10,000 sq ft indoor arena. Puleo made motion, Petryk seconded, to adopt RESOLUTION 2002-35 APPROVING A PRELIMINARY PLAT FOR THE WHITE OAK FIELDS SUBD. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. NPDES PERMIT Staff presented this issue for Council to consider as the federal government changes its rules and regulations regarding the National Pollution Discharge Elimination System (NPDES). The City of Falcon Heights and the League of Minnesota Cities has made an inquiry in the metro area for other city's' interest in obtaining a consultant to do this work on behalf of a number of communities. Staff sought direction from Council as to its interest in a joint cooperative venture with other metropolitan area communities on this permitting procedure. Miron made motion, Haas seconded, that the City participate in the cost of hiring a consultant to draw up the Phase II permit for the NPDES. All aye. Motion Carried. DISCUSSION OF PROPOSED ADEQUATE PUBLIC FACILITIES ORDINANCE CD Director John Rask and City Attorney Dave Snyder drafted an "Adequate Public Facilities" ordinance for inclusion into the City's Comprehensive Land Use Regulations. The purpose of the ordinance is to insure that adequate facilities are provided in a timely fashion as development occurs. The Planning Commission held a public hearing on this ordinance on July 11, 2002 and CD Director John Rask updated the Council on the Planning Commission's recommendation. Petryk made motion, Haas seconded, to adopt ORDINANCE 2002-362 AN ORDINANCE AMENDING SECTION 1215 OF THE COMPREHENSIVE LAND USE REGULATIONS BY REQUIRING ADEQUATE PUBLIC FACILITIES AND PROHIBITING PREMATURE SUBDIVISIONS. VOTING AYE: Haas, Petryk, Miron VOTING NAY: Puleo Motion Carried. VISITOR PRESENTATION Hugo resident John Waller address the Council and cited state statute regarding the requirement for property owners to pay certain fees to contribute water in judicial ditches. City Council meeting of July 15, 2002 Page 9 ADJOURNMENT Puleo made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried. Maryeager City CAm