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HomeMy WebLinkAbout2002.10.07 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF OCTOBER 7.2002 Mayor Fran Miron opened the meeting at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator, Michael Ericson CD Director, John Rask City Attorney, Mark Vierling City Engineer, Dave Mitchell Public Works Director, Chris Petree City Clerk, Mary Ann Creager APPROVE M MUTES FOR CITY COUNCIL MEETING OF SEPTEMBER 12.2002 Haas made motion, Puleo seconded, to approve the minutes for the City Council meeting of September 12, 2002 as presented. VOTING AYE: Haas, Puleo, Miron ABSTAINED: Granger, Petryk Motion Carried APPROVE MINUTES FOR CITY COUNCIL MEETING OF SEPTEMBER 16.2002 Haas made motion, Petryk seconded, to approve the minutes for the City Council meeting of September 16, 2002 as presented. All aye. Motion Carried. APPROVAL OF AGENDA Delete F.1 and add Kathleen Macy, Superintendent of School District 834 Delete G.5 fi+om Consent Agenda Remove G.7 and G.8 from Consent Agenda for discussion Add L.1 for discussion of West Oneka Lake Study meeting of 10/14/02 Miron made motion, Petryk seconded, to approve the agenda for October 7, 2002 as amended. All aye. Motion Carried. KATHLEEN MACY (SUPERINTENDENT ISD #8341 Kathleen Macy, superintendent of school district 834, addressed the Council relative to the district's levy questions on the November 5, 2002 ballot. Ms. Macy provided the City with written data, outlining the questions, for dissemination to residents in the Stillwater school district. FEDERAL COPS GRANT DENIAL (COMMANDER MCGLOTHLIN) Commander Don McGlothlin fi+om the WCSO received an official response fi+om the federal agency to which the City made its COPS grant through Washington County. Commander McGlothlin reported to City Council meeting of October 7, 2002 Page 2 Council that although the grant has not been officially denied, it is highly unlikely that the City will receive a COPS grant in 2003. The City will not be able to consider adding an additional deputy in the 2003budget. CONSENT AGENDA Haas made motion, Granger seconded, to approve the following Consent Agenda: Approval of Claims Approve October 28, 2002 as Date for Council Budget Workshop Accept Donation from River Valley Rodeo for HFD Approve Completion of Six -Month Probationary Period for Renee nningbam and Appointment to Regular Employee Status Approve Appointment of Tom Smith as Public Works Department Lead Worker Approve Setback Variance for Mike Ball for an Accessory Building Approve Setback Variance Request for Chris Anderson for an Accessory Building Approve Setback Variance Request for Steven and Lauri Woolstencmft for an Accessory Bldg Approve Variance Request for Jeffrey and Dawn Wenzel for an Oversized Garage Approve Setback Variance Request for Steven Schwab for an Accessory Building Approve League of Minnesota Cities Week (October 6-12, 2002) Approve HVAC Maintenance Program w/WBL Mechanical for Municipal Buildings Approve Site Plan and Encroachment Agreement for Northside Construction Approve Resolution/Application for Municipal'Agreement Funds for TH61 and 13e Street Approve Resolution/Application for Municipal Agreement Funds for TH61 and 1476 Street Approve Charitable Gambling Permit for St. John the Baptist Church All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims roster for October 7, 2002 as presented APPROVE OCTOBER 2& 2002 AS DATE FOR COUNCIL BUDGET WORKSHOP As its September 16, 2002 meeting, Council directed staff to schedule a date at which Council would hold its annual budget workshop to discuss the 2003 proposed City budget. Staff has reviewed the available dates and recommends Monday, October 28, 2002, the 4m Monday of the month, as the scheduled date for the Council's budget workshop. Adoption of the Consent Agenda approved October 28, 2002, at 7:00 pm, as the Council budget workshop. ACCEPT DONATION FROM RIVER VALLEY RODEO FOR HFD River Valley Rodeo has made a $300 donation to the Hugo Fire Department for its involvement in safety and security for its annual rodeo. Adoption of the Consent Agenda accepted the $300 donation from River Valley Rodeo for the HFD for its community involvement. City Council meeting of October 7, 2002 Page 3 APPROVE COMPLETION OF SIX —MONTH PROBATIONARY PERIOD FOR RENEE C:UNNINGHAM AND APPOINTMENT TO REGULAR EMPLOYEE STATUS Renee Cunningham was hired by the City Council on April 1, 2002, and over the past six months, has worked as the City's deputy cleddreceptionist serving primarily as a building permit technician, while handling the large number of telephone calls and front counter traffic as the City's receptionist. She works with John Benson in the building inspection department and processes building permits, with John Rask in the CD department in a wide variety of capacity, and for Mike Ericson in a number of administrative capacities, including the organizer for the City's open house and grand opening celebration of the new City Hall. She has accomplished all these duties with excellent communication skills, and an attentive eye to detail, and strong organizational skills that allow her to multi -task on a wide variety of job duties and responsibilities. In short, she has proven herself as a valued member of the City Hall team over the past six months. Adoption of the Consent Agenda approved her completion of the six-month probationary period and appointment as a regular employee of the City, and makes the salary adjustment as prescribed in the City's salary matrix. APPROVE APPOINTMENT OF TOM SMITH AS PUBLIC WORKS DEPT LEAD WORKER At its May 20, 2002 meeting, the Council created the position of lead worker in the public works department and authorized staff to fill the position in the fall of 2002. Since the creation of this position in May, the public works department has grown substantially with the hiring of two summer seasonal and two regular full-time employees. Since that time, Tom Smith has taken on many additional responsibilities and has done an excellent job in job training and assisting the City's two new frill -time employees. Tom has played a vital role in the transitioning from Washington County to the City of Hugo in providing road maintenance and snow removal services. Adoption of the Consent Agenda approved the appointment of Tom Smith to the position of lead maintenance worker for the standard six- month probationary period, with the recommended salary adjustment to pay grade 6, step 1, as prescribed in the City's compensation schedule. APPROVE SETBACK VARIANCE REQUEST FOR MIKE BALL FOR AN ACCESSORY Mike Ball, 8715 12206 Street, requested approval of a variance to permit: 1) construction of a 1,216 square foot accessory building 32 feet from the side property line, and 2) construction of the building between the home and the street. The City's Comprehensive Land Use Regulations require that the pole building be set back 40 feet from the side lot line and be no closer to the road than is the home. On September 12, 2002, the Board of Zoning Adjustments reviewed the variance request and recommended approval. In approving the variance, the Board found that existing trees would screen the building from the road and that both the adjoining neighbors supported the request. Adoption of the Consent Agenda approved the variance as recommended by the Board. APPROVE SETBACK VARIANCE REQUEST FOR CHRIS ANDERSON FOR AN Chris Anderson, 6551 132°6 Street, requested approval of a variance to permit a 2,040 square foot accessory building 10 feet from the side yard property line. The City's Comprehensive Land Use City Council meeting of October 7, 2002 Page 4 Regulations require that the pole building be set back 40 feet from the side yard lot line. On September 26, 2002, the Board of Zoning Adjustments reviewed the variance request and recommended approval. In approving the variance, the Board found that existing trees would screen the building from the adjacent property. Further, the Board noted that the setback requirement was 10 feet at the time this home was constructed. Adoption of the Consent Agenda approved the variance as recommended by the Board APPROVE SETBACK VARIANCE REQUEST FOR STEVEN AND LAURIE WOOLSTENCROFT FOR AN ACCESSORY. BUILDiING Steven and Lauri WoolstencroR, 5050165m Street, requested approval of a variance to permit a 1,344 square foot garage 15 feet from the side property line and 13 feet in front of the home. The City's Comprehensive Land Use Regulations require that the garage be set back 40 feet from the side lot line and be no closer to the road than is the home. On September 26, 2002, the Board of Zoning Adjustments reviewed the variance request and recommended approval. In approving the variance, the Board found hardships in the location of the existing home, septic system, and trees. Adoption of the Consent Agenda approved the variance as recommended by the Board. APPROVE VARIANCE FOR JEFFERY/DAWN WENZEL FOR AN OVERSIZED GARAGE Jeffery and Dawn Wenzel, 4930 Gallivan.Court, requested approval of a variance to construct a 780 square foot garage addition. The existing garage and addition would total 1,164 square feet. The zoning ordinance limits the size of an attached garage to 1,000 feet. On September 26, 2002, the Board of Zoning Adjustments reviewed the variance request and recommended approval. In approving the variance, the Board noted that the garage would be designed to look like a standard three -car garage as viewed from the street. Adoption of the Consent Agenda approved the variance as recommended by the Board APPROVE SETBACK VARIANCE REQUEST FOR STEVEN SCHWAB FOR AN ACCESSORY BUILDING Steve Schwab, 16690 Fenway Avenue, requested approval of a variance to permit a 2,160 square foot accessory building 32 feet from the side yard property line. The City's Comprehensive Land Use Regulations require that the pole building be set back 40 feet from the side yard lot line. On September 26, 2002, the Board of Zoning Adjustments reviewed the variance request and recommended approval. In approving the variance, the Board found hardships in the location of the existing home and detached garage. Adoption of the Consent Agenda .approved the variance as recommended by the Board APPROVE LEAGUE OF MN CITIES WEEK (OCTOBER 6.12.2002) Each year, the League of Minnesota Cities encourages cities throughout the state of Minnesota to extend themselves into the community and schools in an effort to conned with citizens to show thein the many ways cities serve residents. The League has selected October 6-12, 2002 as the annual LMC 2002 Cities Week: Connecting Cities, Creating Futures. There are a significant number of ways that the City can connect itself into the community, including elected and appointed officials speaking to classrooms at Hugo and Withrow Elementary Schools. Adoption of the Consent Agenda approved October 6-12, 2002 City Council meeting of October 7, 2002 Page 5 as 2002 LMC Cities Week in the City of Hugo. APPROVE HVAC MAINTENANCE PROGRAM W/WBL MECHANICAL FOR MUNICIPAL BUILDINGS Over the past several months, Fire Chief Jim Compton, Public Works Director Chris Petree, and City Administrator Mike Ericson have worked with a variety of local contractors to provide HVAC maintenance and service agreements for the City's municipal buildings. Staff worked diligently to develop a maintenance program to provide the necessary semi-annual maintenance on all municipal buildings, including the City's new City Hall. After many discussions and revisions, staff recommended to Council the approval of the HVAC Maintenance Service Agreement with White Bear Mechanical to provide semi-annual maintenance on all municipal buildings, as well as to enter into an agreement with the City for all standard and emergency calls. Adoption of the Consent Agenda approved the service agreement with White Bear Mechanical in the amount of $4,850. APPROVE SITE PLAN AND ENCROACMUNT AGREEMENT FOR NORTHSIDE CONSTRUCTION Northside Construction requested approval of a site plan to construct a 4,000 square foot addition on the east side of their existing building at 15627 Forest Boulevard North The proposed building. addition would be used for cold storage and future offices. The request also includes an encroachment agreement to allow the building to encroach 10 feet into an existing drainage and utility easement. On September 26, 2002, the Planning Commission reviewed the site plan request and recommended approval by a unanimous vote. Adoption of the Consent Agenda approved the site plan and encroachment agreement as recommended by the Planning Commission. At its September 3, 2002 meeting, Council authorized staff to submit for Municipal Agreement Funds for the construction of a signal at TH61 and 130th Street. This is the same finding mechanism used for the traffic signal at TH61 and 140th Street and is an annual funding program through MN/DOT for improvements to the State's highway system. The application requires a resolution from the City Council indicating the City's desire to construct the proposed improvements and its intent to follow through with the construction of the improvement should fiords be awarded for the project. Adoption of the Consent Agenda approved Resolution 2002-51 as prepared by the City Engineer. At its September 3, 2002 meeting, Council authorized staff to submit for Municipal Agreement Funds for the construction of a signal at TH61 and 147th Street. This is the same finding mechanism used for the traffic signal at TH61 and 140th Street and is an annual finding program through MN/DOT for improvements to the State's highway system. The application requires a resolution from the City Council indicating the City's desire to construct the proposed improvements and its intent to follow City Council meeting of October 7, 2002 Page 6 through with the construction of the' should funds be awarded for the project. Adoption of the Consent Agenda approved Resolution 2002-52 as prepared by the City Engineer. APPROVE CHARITABLE GAMBLING PERMIT FOR ST. JOHN'S CHURCH St. John the Baptist Church, 14383 Forest Boulevard, made application for a charitable gambling license to conduct a turkey bingo at its location on 11/23/02. Adoption of the Consent Agenda approved the charitable gambling license for St. John the Baptist Church to conduct a turkey bingo on 11/23/02 at 14383 Forest Boulevard and waive the 30 -day waiting period APPROVE MUNICIPAL AGREEMENT FOR TRAFFIC SIGNAL Ca TH61 & 140M STREET City Engineer Dave Mitchell has worked with MnDOT officials to complete the necessary traffic design for the traffic s. nalization authorized by the Council this past summer. Staff has finalized the necessary agreement, along with the construction plans, and recommends Council approve the Municipal Agreement with MnDOT for a traffic signal at TH61 and 140m Street. Miron made motion, Petryk seconded, to table this matter indefinitely. All aye. Motion Carried. APPROVE LETTER OF ENGAGEMENT WITH CITY AUDITORS (LARSON ALLEN) Larson Allen Weishair and Company, LLP has been the City's auditor for the past three years. In the summer of 1998, the finance department solicited requests for proposals for auditing services, and at that time, Council approved the proposal submitted by Larson Allem Weishair and Company, LLP. City staff feels that their professional services have been exemplary. Council complimented the auditors on the quality on the quality and excellence of their work over the past three years; however, because the auditor's price quote for the 2002 audit had doubled from last year: Miran made motion, Granger seoonded, directed staff to solicit RFP's for year 2002 auditing services. All aye. Motion Carried APPROVE VARIANCE REQUEST FOR CREWE FOR AN OVERSIZED GARAGE Brian Grewe, 4975 126m Street, requested approval of a variance to construct an 832 square foot garage addition. The existing garage and addition would total 1,708 square feet. The zoning ordinance limits the size of an attached garage to 1,000 feet. On September 12, 2002, the Board of Zoning Adjustments reviewed the variance request and recommended approval. In recommending approval, the Board noted that the applicant could construct a detached garage of equal size and found that the attached garage would fit better with the character of the neighborhood. Staff recommended denial of the variance as outlined in the CD Director's report. Council discussed the request citing reasons for denial and why the Board recommended approval. The applicant had the choice of having the accessory building attached or detached. There was also discussion of amending the ordinance, but Council determined that there was no need for reconsideration. City Council meeting of October 7, 2002 Page 7 Granger made motion, Miron seconded, to approve the variance request of Brian Grewe to construct an 832 sq ft garage addition based on the following: one acre lot size; mature trees on lot; and proper placement of building due to drainage concerns. All aye. Motion Carried. AWARD BID FOR PRESSURE REDUCING VALVE WORK The City Engineers office developed plans and specifications and solicited quotes to complete a pressure reducing valve installation in the City's water system. This improvement is necessary to develop two pressure zones in the City's water system and is consistent with the Water System Plan Update prepared by SEH. Ro-So Contracting, Inc. of Centerville, MN presented the low quote in the amount of $41,750. Miran made motion, Granger seconded, to award the bid for to complete a pressure reducing valve installation in the City's water system to Ro-So Contracting in the amount of $41,750. All aye. Motion Carried. AWARD BID FOR TRAFFIC CONSTRUCTION SIGNAL AT TH61 AND 140M STREET The City Engineer's office developed plans and specifications and advertised for bids to construct the traffic signal at TH61 and 140th Street. Bids were opened on Friday, October 4, 2002, with Jay Bros being the low bidder at $370,159.85. The low bid to construct the project this fall was submitted by Hardrives, Inc., in the amount of $462,841.03. City Engineer Dave Mitchell informed the Council that the Burlington Northern Railroad was asking an excessive amount of money for a small easement, and recommended the Council authorize use of eminent domain in the event -negotiations are not successful. Puleo made motion, Granger seconded, to table awarding of the bid until such time that an agreement can be reached with the BN Railroad, and MnDOT can grant final approval. All aye. Motion Carried. Miron made motion, Haas seconded, to authorize the use of eminent domain to secure the easements from the BN Railroad in the event that negotiations are not successful. All aye. Motion Carried SITE PLAN AND PRELEKINARY PLAT FOR GENERATION ACRES At its September 3, 2002 meeting, Council reviewed the site plan and preliminary plat for the Generation Acres subdivision consisting of 43 townhomes to be constructed immediately adjacent to the Oneka Lake townhome subdivision on Oneka Lake Blvd. Council had some concerns with the site plan and plat and instructed CD Director John Rask to work with the developer to resolve the concerns. Following the Council meeting, staff met with the applicant to discuss the Council's concerns. The applicant agreed to a number of revisions as outlined in the attached report, but declined to make any significant changes to the design of the townhomes or the overall layout of the plat; however, the City Council meeting of October 7, 2002 Page 8 applicant did submit a revised plat showing a private street and cul-de-sac. City Attorney Dave Snyder has prepared Findings of Fact as directed by the Council in order to deny the preliminary plat. The Council must take action on this item at its October 7, 2002 meeting, because the statutory review period ends on October 12, 2002. Failure to act within this time period would result in the plat being approved as submitted. Included in the Council packet were the Findings of Fact denying the request, as well as resolutions approving the site plan and preliminary plat. After a very lengthy discussion of the proposed development, Council felt that certain issues still needed to be addressed by the develoPer. parking, construction of street with safety precautions, and address adequate open space. The developer submitted to the City in writing an agreement to extend the timeline for Council consideration of his application and work with staff to address Council concerns. Munn made motion, Granger seconded, to table this matter to no later than November 4, 2002. All aye. Motion Carried. UPDATE ON CULVERT REPLACEMENT ON ELMCIMT AVENUE (JD3) At its meeting on August 19, 2002, the Council listened to a concern from a resident of Lino Lakes over a culvert on Ehncrest that has been blocked for some time, therefore, flooding her property. Public Works Director Chris Petree has worked with the RCWD in an effort to: 1) clean out the culvert, and or 2) solicit quotations for the culvert replacement. Miran made motion, Petryk seconded, to award the culvert replacement work on Ehncrest Avenue to Ro-So Contracting in the amount of S 12,000. All aye. Motion Carried. REQUEST FOR CITY INTEREST IN HOUSE AT 5583 HIM STREET Michele Anderson owns a house located at 5583 147& Street, a house where her mother curmtly resides, and Michele questioned whether the City was interested in purchasing the house in lieu of the realignment of CSAH8. City Finance Director Ron Otkin recommended Council consider this request during the budget workshop. Miran made motion, Granger seconded, to table this issue until the City receives a sale proposal from the owner of the property. All aye. Motion Carried APPROVE COOPERATION AGREEMENT FOR JD2 City Attorney Dave Snyder has worked diligently for the past several months to finalize the Cooperative Agreement with the RCWD, Washington County, and Forest Lake for the replacement of the culverts on JD2. Council had directed the City Attorney to prepare the Cooperative Agreement for the City's culvert replacements at 157& Street and 165& Street respectively, and to work with the RCWD's attorney to finalize the language to the satisfaction of the Board of Managers and the City of Forest Lake, who is City Council meeting of October 7, 2002 Page 9 looking for a similar agreement. City Attorney Dave Snyder drafted the agreement to the satisfaction of all parties, and presented it for approval by Council. Puleo made motion, Granger seconded, to approve the Cooperative Agreement for replacement of the culverts on JD2. All aye. Motion Carried. Mixon made motion, Puleo seconded, directing staff to communicate, in writing, with the RCWD regarding a timeline on the JD2 repair petition. All aye. Motion Carried. UPDATE ON STRIPINGISIGNING PLAN BALD EAGLE BOAT RENTAL) At its meeting on September 16, 2002, Council asked the City Engineer to review possible traffic control changes on 129th Street North along the north side of Bald Eagle Lake, specifically in the neighborhood of Bald Eagle Boat Rental and Bait. City Engineer Dave Mitchell and SEH traffic engineers reviewed this area and a recommendation from Mike Martinez, traffic engineer, was provided to Council outlining a proposed signing and striping layout for the area Munn made motion, Petryk seconded, accepting the City Engineer's recommendation and approving a combination of signing, striping, and trimming of shrubs be done to improve the site distance and awareness of pedestrians in this area. All aye. Motion Carried. APPROVE PRELEWMARY PLAT FOR ONEKA PONDS Fegowi Development requested approval of a preliminary plat for 68 single-family lots and one outlot in a plat to be known as "Oneka Ponds". The Planning Commission reviewed this application on July 25 and tabled action to give the applicant an opportunity to revise the plat. On September 26, 2002, the Commission considered the revised plat and recommended approval by a unanimous vote. In recommending approval, the Commission found that the revised plat complied with the ordinance requirements. Staff recommended that the City Council approve the preliminary plat as recommended by the Planning Commission. Miron made motion, Petryk seconded, to adopt RESOLUTION 2002-53 APPROVING A PRELIMINARY PLAT FOR A DEVELOPMENT KNOWN AS ONEKA PONDS. All aye. Motion Carried. CONSIDERATION OF ZONING ORDINANCE TEXT AMENDMENT FOR INDOOR HORSE ARENA (RODNEY BAHRI Rodney Bahr requested a zoning ordinance text amendment to permit indoor riding arenas on parcels of City Council meeting of October 7, 2002 Page 10 at least 10 acres in size in the Rural Residential zoning district. The proposed ordinance would permit indoor arenas up to 12,000 square feet in size, subject to the issuance of a conditional use permit. On September 12, 2002, the Planning Commission considered the zoning ordinance text amendment and recommended denial by a 5 to 2 vote. The Commission was primarily concerned about the size of indoor arenas. The Council felt that horse facilities helped maintain the rural character in Hugo, and felt that the zoning ordinance text amendment was in order. Puleo made motion, Granger seconded, to adopt ORDINANCE 2002-364 AMENDING SECTION 1195-365 OF THE HUGO COMPREHENSIVE LAND USE REGULATIONS BY ESTABLISHING STANDARDS FOR INDOOR RIDING ARENAS. VOTING AYE: Granger, Peft* Puleo, Miron ABSTAINED: Haas Motion Carried. APPROVE FINAL PLAT OUTLOT A. EVERGREEN HILLS (JIM LEMOINE) Jim LeMome requested approval to final plat Outlot A, Evergreen Hills 2nd Addition. Final plats are reviewed by the City Council for consistency with the preliminary plat. The preliminary plat for Evergreen Hills td Addition was approved by the City Council on October 1, 1973. In review of the approved preliminary plat, staff found that the request to final plat Outlot A is not consistent with the original approval. Miran made motion, Haas seconded, to refer this matter to the Planning Commission and direct the Commission to hold a public hearing on the request at its meeting of October 24, 2002. All aye. Motion Carried PLANNING COWAMION TERMS EXPIRE DECEMBER 31.2002 Earlier this year, the Council adopted a policy whereby it would allow the Council to annually review the terms of commissioners who serve on the Planning Commission and Parks and Recreation departments respectively. There are two commissioners on the PC whose term expire on 12/31/02, Commissioner Chair Dave Schumann and long -serving commissioner Teddy Peltier. Haas made motion, Miron seconded, to direct the City Administrator to inquire of the commissioners their intent and schedule a time for performance reviews. All aye. Motion Carried. WEST ONEKA LAKE STUDY MEETING (OCTOBER 14.20021 Miran made motion, Granger seconded, to schedule the October 14, 2002 meeting as a special Council meeting and post notice as required. All aye. Motion Carried. City Council meeting of October 7, 2002 Page 11 ADJOURNMENT Granger made motion, Petryk seconded, to adjourn at 10:00 pm. All aye. Motion Carried ` G Mary er, City Clerk