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HomeMy WebLinkAbout2002.08.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF AUGUST 19, 2002 Mayor Fran Miron opened the meeting at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Munn City Administrator, Michael Ericson CD Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager MINUTES FOR THE CITY COUNCIL MEETING OF JULY 22, 2002 AND AUGUST & 2002 Haas made motion, Petryk seconded, to table approval of these minutes until the meeting of 9/3/02. M[lNUTES FOR THE CITY COUNCIL MEETING OF AUGUST 5, 2002 Haas made motion, Granger seconded, to approve the minutes for the City Council meeting of August 5, 2002 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Table Item H.6 (Thompson CUP) Move Item I.2 to immediately following the Consent Agenda (Dangerous Dog) Haas made motion, Petryk seconded, to approve the agenda for August 19, 2002 as amended All aye. Motion Carried. APPT OF PENNY OWEN AND BRYAN LUND AS REGULAR FIREFIGHTERS Upon completion of their firefighter training, and with the recommendation from Fire Chief Jim Compton, City staff recommended Council appoint firefighters Penny Owen and Bryan Lund to regular firefighter status. Mayor and Council members commended the firefighters on their diligence, hard work, and dedication to training. Haas made motion, Petryk seconded, to appoint Penny Owen and Bryan Lund to regular firefighter status. All aye, Motion Carried. CONSENT AGENDA Miran made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Pay Request with Veit Companies for Work Completed on the Watermain Extension City Council meeting of August 19, 2002 Page 2 Accept Donation from Narcisse Marier for the Hugo Fire Department Accept Donation from Wilson Tool for the Hugo Fire Department Approve Site Lease Agreement with Washington County for Radio Communications Equipment on Old Water Tower Approve Lawful Gambling Permit for Indianhead Scouting (Wild Wings) Approve Installation and Relocation of Two Civil Defense Sirens Approve HFD Purchase of Firefighter Turnout Gear Approve Council Meeting Date Change for Labor Day Holiday from Sept 20° to Sept 3rd Approve Release of Letter of Credit For Beaver Ponds Approve Release of Letter of Credit for Beaver Ponds 3rd Addition Approve Reduction in Letter of Credit for Hidden Hills Preserve Approve Pay Request from RKI for Work Completed in the Peloquin Industrial Park Approve Pay Request from Landmark Structures for Work Completed on Water Tower No. 3 Approve Firefighter #1 Training Bonus to HFD Members Approve Pay Request from Magney Construction for Work Completed on Wellhouse No. 4 Approve Pay Request from Connectivity Solutions for AV Equipment for Council Chambers All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims for August 19, 2002 as presented. APPROVE PAY REQUEST WITH VETT COMPANIES FOR WORK COMPLETED ON THE WATERMAIN EXTENSION Veit Companies has made application to the City for approval of payment request for work completed on the watermain extension project. City Engineer Dave Mitchell has reviewed the request and found it to be consistent with work completed on the project. Adoption of the Consent Agenda approved payment to Veit Companies, in the amount of $7,777.49. ACCEPT DONATION FROM NARCISSE MARIER FOR THE HUGO FIRE DEPT. The HFD has received'a $275 donation from Narcisse Marier memorials received at his funeral. As a former member of the department, the family felt that their father would have wanted the HFD to have the donation to use at their discretion. Adoption of the Consent Agenda accepted the donation of $275 from the Narcisse Marier family donated in his name. ACCEPT DONATION FROM WILSON TOOL FOR THE HUGO FIRE DEPT. In appreciation of the assistance from the HFD at its annual employee picnic, Wilson Tool has made a $400 donation of the HFD. Adoption of the Consent Agenda accepted the $400 donation from Wilson Tool and extends the City's appreciation for this fine community gesture. City Council meeting of August 19, 2002 Page 3 APPROVE SITE LEASE AGREEMENT WITH WASHINGTON COUNTY FOR RADIO COMMUNICATIONS EQUIPMENT ON OLD WATER TOWER The Washington County Sheriffs Department has submitted a Site Lease Agreement to the City for approval and installation of radio communications equipment for the WCSO. The equipment would be installed on a temporary basis on the City's old water tower. The WSCO is hilly aware that this may be a temporary installation but has strongly requested that the City grant approval. The City Attorney and City staff have reviewed this agreement, and agreed that it would be an excellent opportunity to improve public safety communications in Washington County. Adoption of the Consent Agenda approved the Site Lease Agreement with Washington County for the installation of radio communications on the old water tower. APPROVE LAWFUL GAMBLING PERMIT FOR INDIANHEAD SCOUTING (WELD WINGS) Indianhead Scouting has made application to the City for approval of its lawfid gambling permit at the Wild Wings game farm. City staff has reviewed the application and found it to be completed and consistent with City and state guidelines. Adoption of the Consent Agenda approved the lawful gambling permit for Indianhead Scouting to conduct a raffle at Wild Wings Game Farm on September 24, 2002. APPROVE INSTALLATION AND RELOCATION OF TWO CIVIL DEFENSE SIRENS Electric Service Company, installers of the two new civil defense sirens, have submitted a proposal to the City to reinstall the existing warning siren currently located on the water tower to a new location near the old City Hall. The proposal would also relocate the existing siren on a pole located at Lions Park to a new location at the northwest corner of Egg Lake Road and Goodview Avenue. Fire Chief Jim Compton has reviewed this location with Federal Warning Sirens for its proximity to best serve the residents. City staff has reviewed the request and concurs with the relocation of the sirens and to the funding for this proposal. Adoption of the Consent Agenda approved the installation and relocation of two civil sirens for a total lump sum of $9,655. APPROVE HFD PURCHASE OF FIREFIGHTER TURNOUT GEAR Five members of the HFD have turnout gear that needs to be replaced as soon as possible. This gear does not meet the standards issued by OSHA and NFPA. Fire Chief Jim Compton, along with safety officer Dean White, have reviewed the request and found it to be consistent with funds that have been budgeted for the HFD. Adoption of the Consent Agenda approved the purchase of firefighter turnout gear from Danko Safety Equipment in the amount not to exceed $4,600. Each year, the Council's first meeting in September falls on the Labor Day holiday. Adoption of the Consent Agenda approved the meeting date change from Monday, September 2od to Tuesday, September 3'd at the regularly scheduled time of 7:00 pm. City Council meeting of August 19, 2002 Page 4 APPROVE RELEASE OF LETTER OF CREDIT FOR BEAVER PONDS Oakwood Land Development, developer for the Beaver Ponds subdivision, has submitted a request for release of their letter of credit. City staff has reviewed the request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved release of the letter of credit for the Beaver Ponds subdivision. APPROVE RELEASE OF LETTER OF CREDIT FOR BEAVER PONDS 3P ADDN Oakwood Land Development, developer for Beaver Ponds P Addition, has submitted a request for release of their letter of credit. City staff has reviewed the request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved release of the letter of credit for Beaver Ponds 3'd Addition. APPROVE REDUCTION IN LETTER OF CREDIT FOR HIDDEN HIIrrI.S PRESERVE Solid Ground Development, developer for the Hidden Hills Preserve subdivision, has submitted a request for reduction in the letter of credit. City staff has reviewed the request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved the reduction in the letter of credit from $408,000 to $342,500. APPROVE PAY REQUEST FROM RKI FOR WORK COMPLETED IN THE PELOQUIN INDUSTRIAL PARK At its July 15, 2002 meeting, the Council approved Change Order #2 for Richard Knutson, Inc., for work completed to date on the Peloquin Industrial Park project. RKI has submitted a pay request as a part of the Change Order for approval by the City. City Engineer Dave Mitchell and City staff have reviewed the pay request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved a pay request from RKI for work completed to date on the Peloquin Industrial Park project in the amount of $83,198. APPROVE PAY REQUEST FROM LANDMARK STRUCTURES FOR WORK COMPLETED ON WATER TOWER NO.3 Landmark Structures has made application to the City for approval of pay request #9 for work completed on water tower #3. Steve Campbell from SEH Engineers has reviewed the request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved pay request #9 in the amount of $168,121.50. APPROVE FIREFIGHTER #1 TRAINING BONUS TO HFD MEMBERS The Hugo Fire Department's personnel policy calls for a bonus to be awarded to firefighters after the successfid completion of their firefighter training. Adoption of the Consent Agenda awarded a $100 bonus to the firefighters outlined in the Fire Chiefs memo. City Council meeting of August 19, 2002 Page 5 APPROVE PAY REQUEST FROM MAGNEY CONSTRUCTION FOR WORK COMPLETED ON WELLHOUSE NO.4 Magney Construction made application to the City for approval of pay request #2 for work completed on wellhouse #4. City Engineer Dave Mitchell reviewed the request and found it to be consistent with work completed to date on the project. Adoption of the Consent Agenda approved pay request #2 from Magney Construction in the amount of $91,342.50. APPROVE FINAL PAY REQUEST FROM CONNECTIVITY SOLUTIONS FOR AUDIOVLSUAL EOUIPMENT IN THE COUNCIL CHAMBERS Connectivity Solutions made application to the City of approval of a final pay request for work completed on the audiovisual equipment in the Council chambers. City staff reviewed the request and found it to be consistent with work completed on the project. Adoption of the Consent Agenda approved final payment to Connectivity Solutions in the amount of $3,799.93. APPROVE PAY REQUEST FROM BEVER & SONS FOR CITY HALL LANDSCAPING Bever and Sons made application to the City for approval of a pay request for work completed on the City Hall landscaping project. City Administrator Mike Ericson and Council member Frank Puleo reviewed the request and found it to be consistent with work completed to date on the project. Miron made motion, Petryk seconded, to approve the pay request from Bever & Sons in the amount of $16,692.59 for work completed on City Hall landscaping. VOTING AYE: Granger, Petryk, Puleo, Miron ABSTAINED: Haas Motion Carried APPEAL DANGEROUS DOG DESIGNATION (ISN & PAM JOHNSON) On July 15, 20023, `Buddy", a dog belonging to Kenneth and Pamela Johnson, bit a child on their property located at 15815 Finley Avenue. Marlys and her son Gordon were visiting the Johnsons, who are their in-laws. Buddy, a 6 -year old male beagle, was sitting on the dog owner's lap when it bit the child on the face. Assistant City Attorney Tim Kelley declared the dog to be dangerous under the City's ordinance. The dog's owner appealed the designation and appeared before the Council to state his case. Marlys Johnson addressed the Council providing her version of what happened that day and the nature of the injury to her son. She stated that the hospital who treated her son actually notified the WCSO of the dog bite. It was her opinion that she did not trust the animal. Washington County Deputy Amy Sprague stated that she had been notified by the hospital of the bite, and did not personally witness what happened Ken Johnson, owner of Buddy, testified that the dog has never shown any aggressive behavior and was not sure why the dog bit his nephew. He stated that he would do whatever was necessary to keep the dog, including kenneling him when company was present. Rachel, Mr. Johnson's daughter, and two neighbors, Chuck and Wyatt, also testified that Buddy has never shown signs of being an aggressive animal. Council members Petryk and Puleo questioned City ordinance that does not allow for a "second chance". City Council meeting of August 19, 2002 Page 6 Haas made motion, Petryk seconded, that Buddy not be designated a dangerous dog based on the understanding that the owner will kennel him when others are present. All aye. Motion Carried. ENCROACHMENT AGREEMENT FOR INSTALLATION OF FENCES IN SGM ALONG ONEKA LAKE BLVD On Tuesday, August 13, 2002, Mayor Fran Miron, Council member Frank Puleo, and City Administrator Mike Ericson met with neighbors from the Sweet Grass Meadows neighborhood, along Oneka Lake Blvd. They would like to install fences in their backyards up to the bituminous trail, as safety is a concern of the neighbors. An Encroachment Agreement is required since the fences would be in the drainage and utility easement. The issue of planting trees next to the rail was also discussed. Public Works Director Chris Petree stated that any obstructions should be located no closer than 5 ft from the trail/easement. Miran made motion, Haas seconded, directing staff to work with property owners and draft a blanket Encroachment Agreement for Council review and formal approval. All aye. Motion Carried APPROVE APPRAISAL FOR PURCHASE OF HOUSE (a), 5616147M STREET At its May 20, 2002 meeting, the Council directed staff to proceed with negotiations for the purchase of the house at 5616 147m Street. City staff met with the property owner a number of times, and most recently, with City Assessor Frank Langer and County right -of --way agent Doug Johnson, in an effort to finalize a purchase agreement. The property owner would like to sell the house to the City. After much discussion, the property owner agreed that the procuring of an appraisal by himself and the City would be the best method to arrive at an agreed to price. County right-of-way agent Doug Johnson suggested that the City would be able to obtain this appraisal in an amount of $500. Haas made motion, Granger seconded, directing staff to procure an appraisal of the house at 5616147m Street, in an amount not to exceed $700. All aye. Motion Carried. REVIEW SNOW REMOVAL BIDS FROM WASHINGTON COUNTY Public Works Director Chris Petree received notification from Washington County that of the 22 bid packages that were sent out to contractors, only one bid was received for the City of Hugo snow removal route. Jay Bros. Inc., in Forest Lake was the only contractor to bid on the Hugo route, and they were unable to meet certain aspects of the specifications. Chris was in attendance, as well as Greg Felt of Washington County, to discuss the County's process in more detail, and to share with Council options for plowing the third route for the 2002!2003 -winter season. Greg stated that Washington County was willing to offer rental equipment and an operator for one year, at an approximate cost of $30,000 for the winter season. This amount does not include sand or salt. Greg also stated that the truck is for sale at a City Council meeting of August 19, 2002 Page 7 cost of $24,000. Haas made motion, Granger seconded, directing staff to accelerate the hiring of an additional public works employee and research the rental/purchase of another plow truck. Al aye. Motion Carried. TRANSFER OF DEVELOPMENT RIGHTS COhEVIITTEE At the Council meeting on July 15, 2002, CD Director John Rask explained the work to date in the creation of a Transfer of Development Rights Committee. Council directed staff to solicit names of two developers and three citizens to serve on the committee, after naming Dave Schumann, Bob Rosenquist, and Sandy Malaski from the Planning Commission to serve on the committee, as well as Council members Frank Puleo and Chuck Haas, with Becky Petryk as the alternate, from the City Council. John Rask discussed the appointment of the committee members with the Council. To date, the following individuals have volunteered to serve on the committee: Will Riopel, Dave Strub, Scott Neamy, Len Pratt, Tom Bina, Larry Ehret, and John Waller. At its August S, 2002 meeting, the Council tabled action on the Transfer of Development Rights Committee until its 2°d meeting in August because Council member Granger was unable to attend a completion of the agenda. Puleo made motion, Granger seconded, to appoint developer Len Pratt to the Transfer of Development Rights Committee. All aye. Motion Carried. Haas made motion, Petryk seconded, requesting the Planning Commission identify two members of the three who volunteered to serve, and name one as an alternate, as the committee will not function properly with too many members. All aye. Motion Carried. Haas made motion, Puleo seconded, to retain one spot on the committee for a landowner representative in the `receiving" area. All aye. Motion Carried. Haas made motion, Granger seconded, that the Council vote by ballot on the appointment of three community residents to serve on the committee. All aye. Motion Carried. After a vote by Council, the following citizens were selected to serve on the TDR Committee: Will Riopel, Dave Strub, and Larry Ehret. City Council meeting of August 19, 2002 Page 8 REVIEW STREET RECONSTRUCTION AND CITY ASSESSMENT POLICY At its August 5, 2002 meeting, the Council continued its public hearing on the proposed street assessment policy. No public comment was received. Council accepted staffs recommendation to discuss this policy at its August 10h meeting, with some suggested changes, and table final action to its first meeting in September. Staff suggested a variety of rates and figures as directed by Council, and submitted a proposed policy for consideration and review. Council reviewed the proposed street assessment policy and offered a number of final suggested changes. Council member Granger suggested the Council hold a workshop to deliberate on this issue. Granger made motion, Petryk seconded, to hold a Council workshop on August 26, 2002, 7:30 pm, to further discuss this matter. All aye. Motion Carried. DISCUSSION OF UTILITY EXTENSION TO THE JACKSON PROPERTY At its June 17, 2002 meeting, the Council approved a site plan and conditional use permit for Tom Jackson and Stockness Construction. Staff discussed the option of providing TIF in the form of utility improvements, as opposed to a business subsidy. The utility improvements would consist of bringing utilities from Fenway to the property line, as utilities were not provided to this parcel at the time Fenway Boulevard was constructed. Tom Jackson would receive less in TIF with the proposed agreement, but would not have to enter into individual TIF agreements for the proposed businesses. Granger made motion, Puleo seconded, to order the utility improvement in an amount not to exceed $20,000, with financing for the improvements coming from the City's TIF fund. All aye. Motion Carried. CULVERT CLEANOUT (RCWD REQUEST) The RCWD water resource technician Lee Daleiden made a request to the City for removal of obstructions in judicial ditch #3 under Ehncrest Avenue, as well as at judicial ditch #2 under 157h Street. The RCWD requested that the City conduct the appropriate maintenance on the two culverts that are under the City's jurisdiction. The district requests this activity under MS 103E, Section 5. Staff requested direction from Council as to how to proceed. Because her property was being flooded, property owner Robin Langer requested that Council approve the repairs to judicial ditch #3. Miron made motion, Haas seconded, directing City staff to clean judicial ditch #3 under Ehncrest Avenue. All aye. Motion Carried. Miran made motion, Puleo seconded, to send a letter to EOR notifying them of the City's decision to clean judicial ditch #3 and that no work will be done on judicial ditch #2, as the culvert replacement should rectify the problem. All aye. Motion Carried. City Council meeting of August 19, 2002 Page 9 Council member Haas questioned how the City was going to pay for the culvert replacement. Mayor Miron did not feel that Chapter 444 would apply as the project was of a road improvement as opposed to a drainage project. Miron made motion, Granger seconded, to add discussion of this issue to the agenda for the workshop of August 26, 2002. All aye. Motion Carried. APPROVE FINAL PLAT FOR THE FENWAY PLACE SUBDIVISION At their July 1, 2002 meeting, the City Council approved the rezoning, preliminary plat, and PUD general plan for 34 townhome lots, two common lots, and two outlots on a 17.33 -acre property located at the northwest comer of 140* Street and Fenway Boulevard. The developers of the project are Len Pratt and Kettler Construction. Staffreviewed the final plat and found that it complies with the conditions of the PUD and preliminary plat approval. There were no substantive changes from the preliminary plat. Staff recommended that the City Council approve the final plat and development agreement for Fenway Place. Miron made motion, Puleo seconded, to adopt RESOLUTION 200243 APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR FENWAY PLACE. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. SCHEDULE TRI -CITIES MEETING WITH LINO LAKES AND CENTERVILLE On January 30, 2002, the City of Hugo held a tri -cities meeting with the cities of Centerville and Lino Lakes at the Lino Lakes City Hall. A number of items were discussed, and Mayor Fran Miron suggested that the next meeting be held at the new Hugo City Hall. Since there are a number of shared issues that are of concern to all three cities, staff recommended Council schedule the next meeting on Monday, September 9*, Wednesday, September I e, or Thursday, September 19*. City staff will coordinate a meeting date and advise Council. BEIP BUSINESS TIF SHORTFALL BCWD REAPPOEgTMENTS DISCUSSION OF INSTALLATION OF STOP SIGN AT 165m STANGERSOLL AVE RUSH LINE CORRIDOR11-35E COALITION Haas made motion, Petryk seconded, to table discussion of these matters until the Council meeting of September 3, 2002. All aye. Motion Carried. FLOWER POTS AT CITY HALL Council member Frank Puleo has donated use of concrete ornamental flower pots at City Hall that will City Council meeting of August 19, 2002 Page 10 be planted with flowers by the City Hall Garden Club. UPDATE ON HUGO AMERICAN LEGION REBUILD EFFORTS The committee reported that the Legion is supportive of the lot next to Rick's Liquor on 140"' Street No TIF will be used, but rather a write down of the purchase price. Munn made motion, Haas seconded, directing staff to continue working with the American Legion in rebuilding its American Legion hall. All aye. Motion Carried. WATER TOWER BOWL SETTING City Engineer Dave Mitchell reported that the setting of the bowl on water tower #3 at the end of 159m Street in the Creekview Preserve neighborhood will be happen on Friday, August 23, 2002, at approximately 7:00 am. RECESS Haas made motion, Petryk seconded, to recess tonight's meeting at 10:00 pm until Friday, August 23, 2002, at 7:00 am, for the water tower #3 bowl setting. All aye. Motion Carried Mary Creager City