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HomeMy WebLinkAbout2002.12.05 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF DECEMBER 5, 2002 Mayor Fran Miron called the meeting to order at 3:00 pm. He announced that the December 2, 2002 regular City Council meeting was cancelled and rescheduled due to deaths in immediate families of two Council members. PRESENT: Granger, Haas, Puleo, Miron City Administrator, Michael Ericson CD Director, John Rask City Attorney, Dave Snyder City Clerk, Mary Ann Creager ABSENT: Becky Petryk CITY COUNCIL MINUTES OF NOVEMBER 18.2002 Granger made motion, Puleo seconded, to approve the minutes for the City Council meeting of November 18, 2002 as. presented. All aye. Motion Carried. APPROVAL OF AGENDA Move H.1 Truth in Taxation public hearing to Council meeting of December 16, 2002 Move H.2 On -Sale Liquor License public hearing to a meeting in January/February 2003 Move I.1 preliminary plat for Water's Edge North to Council meeting of December 16, 2002 Move J.3 sketch plan for Lakeview Estates to Council meeting of December 16, 2002 Add M.2 — Comprehensive Plan Update Miron made motion, Haas seconded, to approve the agenda for December 5, 2002 as amended. All aye. Motion Carried. CONSENT AGENDA Granger made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Variance Request for Bob and Diane Dufresne/Al Parent Construction to Construct an Oversized Garage Approve Variance Request for Jim Orlando to Construct an Accessory Building Approve Lot Line Adjustment for Gerald Sullivan Approve Cost Sharing Agreement w/Tom Jackson for Road into BEIP 13 -Acre Parcel Approve HFD Equipment Sign Out and Rescue Gear Policy All aye. Motion Carried. City Council meeting of December 5, 2002 Page 2 GENERAL CLAIMS Adoption of the Consent Agenda approved the claims roster for December 2, 2002 as presented. APPROVE VARIANCE REQUEST TO CONSTRUCT AN ACCESSORY BUILDING (AL PARENT/DUFRESNE) Bob and Diane Dufresne requested approval to construct a 40' X 42' attached garage to a house being constructed at 12844 Greystone Avenue North. The parcel is 3.2 acres in size and legally described as Lot 3, Block 1, Hidden Hills subdivision. The attached garage would be 1,455 square feet, which exceeds the ordinance limit of 1,000 feet. The applicant designed the garage to resemble living space with the garage doors facing away from the street. On November 21, 2002, the Board of Adjustments reviewed the variance request and recommended approval. Adoption of the Consent Agenda approved the variance for Bob and Diane Dufresne. APPROVE VARIANCE REQUEST TO CONSTRUCT AN ACCESSORY BLDG (JIM ORLANDO) Jim Orlando requested approval of variances to: 1) construct a 30' X 60' accessory building 20 feet from the side property line where a 40 -foot setback is required by ordinance, 2) locate the building closer to the house than the principle structure, and 3) construct an accessory building that does not match the siding type of the principle structure. On November 21, 2002, the Board of Adjustments reviewed the variance request and recommended approval. The Board found that the building would be screened from the road and adjacent properties by existing trees. Further, the applicant recently purchased the house and plans to replace the siding on the home to match the accessory building. Adoption of the Consent Agenda approved the variance for Jim Orlando. APPROVE LOT LINE ADJUSTMENT FOR GERALD SULLIVAN Gerald Sullivan requested approval of a property line adjustment for.property located at 9099 17416. Street North. The applicant owns two contiguous parcels: one parcel is approximately 2.5 acres and the other is approximately 20 acres. The applicant would like to adjust the property line to create a 10.5 -acre parcel and a 12 -acre parcel. The property is located in the Agricultural Zoning District where the minimum lot size is 10 acres. Both lots would meet the minimum lot width requirement of 300 feet. Adoption of the Consent Agenda approved the lot line adjustment for Gerald Sullivan. APPROVE COST SHARING AGREEMENT W/TOM JACKSON FOR ROAD INTO BEIP 13 - ACRE PARCEL Over the past several months, City staff worked with Tom Jackson to design and finance the public road into the City's 13 -acre parcel of land in the Bald Eagle Industrial Park (BEIP). Mr. Jackson is desirous for construction of this road since it would provide him access into the rear portion of his adjoining property. Staff and Pete Willenbring from WSB Engineers developed the cost estimate of $287 per linear feet, of which Mr. Jackson has approximately 80 ft. Adoption of the Consent Agenda approved the Cost Sharing Agreement with Tom Jackson in the amount of $ 11,000 and directed City staff to prepare an official Agreement for approval by Council. City Council meeting of December 5, 2002 Page 3 APPROVE HFD EQUIPMENT SIGN OUT AND RESCUE GEAR POLICY Fire Chief Jim Compton and officers from the Hugo Fire Department drafted an equipment sign out and rescue gear policy. City Attorney Dave Snyder reviewed the policy and made changes that were agreed to by the department. The policy allows the HFD to better control the inventory of personnel equipment and to also identify firefighters when making fire service and/or medical calls. Adoption of the Consent Agenda approved the HFD sign out sheet and rescue gear policy and that it be incorporated into the Fire Department's standard operating guidelines and the City's personnel policy. CARL NORDOUIST'S HOUSE (a, 14701 FOREST BLVD OFFERED TO CITY OF HUGO At its November 18, 2002 meeting, the Council discussed the purchase of a house owned by Carl and Gayle Nordquist located at 14701 Forest Blvd, who have expressed interest in selling it to the City. After much discussion by Council, staff was directed to proceed with further negotiations to define a purchase price for the house. Staff met three times with Mr. Nordquist since the Council meeting and has finalized negotiations. Mr. Nordquist has agreed to sell his house and property to the City for the amount of $178,500. The purchase agreement is subject to customary buyer/seller agreement, including a relaxed deadline to allow the Nordquists to remove final belongings from the house in spring 2003. City Administrator Michael Ericson informed the Council that should they consider a Purchase Agreement where the City could: 1) pay 50% down, with a 3 -5 -year note on the balance; or make payment in full from reserve money set aside to purchase the Granger property. A lengthy discussion followed about the use of general funds and parkland dedication funds to purchase homes. Council members Granger and Puleo felt that the City should not use general funds to make these purchases. Miron made motion, Haas seconded, directing staff to draft a Purchase Agreement for the Nordquist residence at 14701 Forest Boulevard for $178,500 from the City's parkland dedication fund and bring options back to Council. Staff was also directed to include in the downtown redevelopment plan for the Council's 2003 goals. VOTING AYE: Haas, Puleo, Munn VOTING NAY: Granger Motion Carried. BID AWARD FOR TRAFFIC SIGNAL (7u, TH61 AND 140TH STREET On October 4, 2002 the City received bids for the construction of the traffic signal at TH61 and 140th Street North. On October 7, MN/DOT did not provide final approval of the plans as a result of an outstanding easement from BNSF Railroad. On October 7, Council authorized the use of eminent domain to obtain an easement from BNSF Railroad. At that time Council was aware that an easement might not be available until February 2003. Action on awarding the bid was tabled with the understanding that bids may be rejected if MN/DOT approval was not received prior to December 3. City Attorney Dave Snyder successfully negotiated an easement agreement with BNSF in the amount of $6,800 thus avoiding the need to use eminent domain. MN/DOTs policy is that bids cannot be awarded until final approval is granted. The City's 60 -day window to consider award of the bids received on October 4 expired on December 3, 2002. For these reasons, staff cannot recommend that Council award the construction contract to Jay Bros., Inc. at this time. Therefore, City Engineer Dave Mitchell and City City Council meeting of December 5, 2002 Page 4 Attorney Dave Snyder recommend that Council reject all bids for this project and authorize the advertisement for new bids in January 2003. Granger made motion, Miron seconded, to reject all bids and advertise for new bids in January 2003. All aye. Motion Carried. Miron made motion, Granger seconded, authorizing the Mayor and City Clerk sign the easement purchase agreement with the BNSF railroad. All aye. Motion Carried. VARIANCE REQUEST TO CONSTRUCT AN OVERSIZED ACCESSORY BUILDING (MUELLNER) Leon Muellner requested a variance to permit a 1,200 square foot accessory building, where the ordinance limits the size to 260 square feet. On November 14, 2002, the Board of Adjustments reviewed the variance and voted to forward the application to the City Council without a recommendation. Following the Board of Adjustments meeting, the applicant revised his request to eliminate a rear yard setback variance. Staff found that this change helped to address the concerns raised at the Board of Adjustments meeting. Miron made motion, Granger seconded, to approve the variance of Leon Muellner to construct a 1,200 sq ft accessory building, subject to the following five conditions: 1) building meet all setbacks; 2) building exterior match the residence; 3) no additional accessory buildings or attached garage space be allowed; 4) applicant combine his three parcels into one parcel; and 5) building not be used for business purposes. All aye. Motion Carried. WATER AND SEWER SYSTEM LIABILITY ORDINANCE City Attorney Dave Snyder, along with Public Works Director Chris Petree, has drafted a revision to the City's sewer and water ordinance whereby the specific responsibilities of property owners is spelled out as to water main and sewer main breaks. The City's current ordinance is not specific as to who is responsible should a water service break or a sanitary sewer line going up to a home break. Miron made motion, Haas seconded, to adopt ORDINANCE 2002-366 AN ORDINANCE AMENDING CHAPTER 314 GOVERNING REPAIRS TO SEWER AND WATER SYSTEMS WITHIN THE CITY.. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. The new ordinance states that the property owner is responsible for repair or maintenance of the sanitary sewer and water lines from the mains in the street back to the home. City Council meeting of December 5, 2002 Page 5 REVIEW STATUS OF 2002 CITY GOALS Each year, the Hugo City Council develops and adopts City goals for the upcoming year. City staff works over that year to accomplish the City's goals, and in accordance with Council directive, City Administrator Mike Ericson presented the City's 2002 goals for review by Council and the accomplishment record to date. UPDATE ON COMPREHENSIVE PLAN CD Director John Rask provided Council with a brief update on the status of the City's Comprehensive Plan and its expected approval by the Metropolitan Council on December 11, 2002. ADJOURNMENT Granger made motion, Haas seconded, to adjourn at 4:40 pm. All aye. Motion Carried. Mary "/j6reager City Clerk �'