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HomeMy WebLinkAbout2001.03.19 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF MARCH 19.2001 Mayor Fran Miron called the meeting to order at 7:05 pm. PRESENT: Haas, Petryk, Puleo, Miron Community Development Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager ABSENT: Mike Granger APPROVAL OF CITY COUNCIL MINUTES FOR MARCH 5.2001 Puled made motion, Petryk seconded, to approve the minutes for the City Council meeting of March 5, 2001, as submitted. All aye. Motion Carried. ADDITIONS TO AGENDA Update on Peloquin Industrial Park Public Improvement Project Remove Wagner Greenhouse Zoning Ordinance Text Amendment from the Agenda for Consideration Miron made motion, Haas seconded, to set the agenda with the above additions. All aye. Motion Carried. CONSENT AGENDA Petryk made motion, Puleo seconded, to approve the following Consent Agenda: Approval of Claims Professional Services Agreement with HGA for Work on Community CharrettelVisioning Process Donation to City from Tanglewood Church All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims for March 19, 2001 as presented. PROFESSIONAL SERVICES AGREEMENT WITH HGA FOR WORK ON COMMUNITY CHARRETTEIVISIONING PROCESS Staff received a standard AIA Architectural/Planning Agreement with HGA for the work they and SRF will do on the City's charrettelvisioning process. Staff reviewed the Agreement and found it to be consistent with the Professional Services requested of HGA and SRF. The City Attorney reviewed it as well and recommended it for approval by the City Council. Staff requested, and HGA agreed, to the revised amount of $59,000, which is consistent with the revision suggested by the City staff. Adoption City Council meeting of March 19, 2001 Page 2 of the Consent Agenda approved the Professional Service Agreement with HGA for work on the community charrettelvisioning process. DONATION TO CITY FROM TANGLEWOOD CHURCH For the past number of months, Tanglewood Church, a spin-off church from the Thanksgiving Lutheran Church that uses the City's Rice Lake Park Building for services, has used the Hugo City Hall for its Sunday worship services. Parishioners have made a $200 donation to the City for the use of the City facility. Adoption of the Consent Agenda approved Council acceptance of the donation from Tanglewood Church. RESOLUTION APPROVING 147TH STREET AS A MNDOT MSAS STREET DESIGNATION At its March 5, 2001 meeting, the Hugo City Council accepted a recommendation from staff to approve the addition of 147'h Street as part of the City's MSAS street designation in the City for the purpose of obtaining municipal state aid. MnDOT requires that once MnDOT engineering staff makes acceptance of the street, a resolution from the respective jurisdiction be approved by that respective City Council. Miron made motion, Haas seconded, to adopt RESOLUTION 2001-6, A RESOLUTION DESIGNATING THE SELECTION OF 147TH STREET AS THE ADDITIONAL .9 MILE STREET DESIGNATION FOR THE CITY'S MUNICIPAL STATE AID FUNDING. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. ORDINANCE APPROVING QUORUM CHANGE FOR PLANNING COMMISSION On February 5, 2001, the City Council discussed the recommendation from the PC to increase the quorum from three to four members, and give the PC the authority to review variances associated with site plans, conditional use permits, and preliminary plats. On February 28, 2001, the PC held a public hearing to consider the proposed ordinance amendment and unanimously recommended approval. Haas made motion, Petryk seconded, to adopt ORDINANCE 2001-347, AN ORDINANCE AMENDING CHAPTER 320 (ZONING ORDINANCE) BY DELEGATING TO THE PLANNING COMMISSION CERTAIN RESPONSIBILITIES TO REVIEW VARIANCES AND CHANGING THE QUORUM FROM THREE TO FOUR VOTING MEMBERS. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. PUBLIC HEARING MNDNR NATURAL & SCENIC GRANT FOR CITY PARKLAND At its March 5, 2001 meeting, the Hugo City Council authorized staff to proceed with a grant application to MnDNR for a 50/50 matching grant for acquisition of the 21 -acre Bernin parcel of land adjacent to Oneka Lake. Mayor Miron reminded all present that the public hearing was being held to solicit public comment on the grant application. The public hearing was called to order with the following comments: City Council meeting of March 19, 2001 Page 3 Kitty Cheesebrow, who lives across the street from the property, supported the project stating that the site would be a beautiful location for a park. James Weber, Harrow Avenue, questioned how much of the property was "swamp", and was informed there were seven acres of wetland. He felt that the appraised price was too much considering the amount of wetlands. Because the lake is shallow, Mr. Weber felt that a pier would have to go too far into the lake to be serviceable. He also suggested that the City consider purchasing the Seever property and develop part of it to recoup part of the investment. Mr. Weber expressed real concern that acquisition of the Bernin property would be a forerunner to a trail around the lake. Tom Bina, Oneka Lake Boulevard, supported acquisition of the property, but with certain restrictions: no motorized watercraft; no trails; no disturbance of vegetation; and preservation of lake. Bonnie Weber, Oneka Lake Blvd, questioned if an EIS was necessary, as well as the type of park would be established. Community Development Director John Rask stated that the park would have passive open space usage and that an environmental review is part of the grant application. She was concerned that wildlife be protected. Dan Wittkop, Egg Lake Road, a young man who fished the lake, felt that a pier would be a great place for kids to go fishing. Robyn LaCasse, Chair of the Parks Commission, stated that it was the intent of the Commission to have the property remain pristine, and that if the property would be sold to developers, the wildlife would lose their habitat. The public hearing was closed for Council consideration. Council member Petryk reiterated that it was the City's intent to keep the land as a `natural" park. Mayor Miron discussed the differences in the Seever/Bernin properties for use as a park, and their monetary value. Miron made motion, Petryk seconded, to adopt RESOLUTION 2001-7, AUTHORIZING THE CITY TO SUBMIT A MNDNR NATURAL AND SCENIC AREA GRANT APPLICATION FOR THE BERNIN PROPERTY. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. KATIE POIRIER LEGISLATION At a recent Council meeting, Council member Becky Petryk presented Council with material she had obtained from a local resident supporting the Katie Poirier legislation. This issue was placed on a subsequent Council meeting but tabled to complete additional research with the assistance of the League of Minnesota Cities. City staff spoke extensively with the LMC research officials and found that the legislation material submitted to Council member Petryk was outdated, and was, in fact, for the 2000 legislative session; therefore, there is no action required of the Hugo City Council regarding this legislation. The new legislation that was recently introduced in the Minnesota State Legislature regarding additional changes sought by supporters of the Katie Poirier legislation is for security systems that include high-resolution video cameras and VCR playback machines. Staff presented this material to Council for information purposes only, and (staff) and the League does not take a position, nor do they advocate at this time, that the Council take a position regarding this proposed new legislation. Council member Petryk asked that this matter be placed on the Council meeting agenda for April 2, 2001, for further clarification from City Administrator Mike Ericson. City Council meeting of March 19, 2001 Page 4 COATING SOLUTIONS REQUEST FOR SITE PLAN APPROVAL At a February 2001 Council meeting, Community Development Director John Rask presented Council with a concept plan for Coating Solutions, Inc., a Bloomington company that seeks the purchase of a 4.2 -acre parcel of land in the City's Bald Eagle Industrial Park. Council gave its initial support for staff to proceed with drafting the necessary agreement for the sale of the property, including the site approval process. Staff submitted a report highlighting the construction of a 42,000 sq ft building on the parcel of land with 30,000 sq ft, Phase 1, and 12,000 sq ft, Phase 2 expansion in the future. John Rask stated that Mr. Northrop would be willing to give the City 6,000 yds of dirt for the new City Hall site, and 1,000 yds of dirt to the Oneka Lake ditch project. Miron made motion, Petryk seconded, to adopt RESOLUTION 2001-8, A RESOLUTION APPROVING SITE PLAN FOR DAN NORTHROP FOR PROPERTY LOCATED EAST OF FENWAY AVENUE AND SOUTH OF FENWAY COURT. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. Miron made motion, Haas seconded, to approve the Temporary Grading Permit for Coating Solutions in the Bald Eagle Industrial Park. All aye. Motion Carried. PURCHASE AGREEMENT FOR WILLIAMS'S HOUSE The City Attorney's office was provided the Abstract of Title for the Williams home at 14651 Fitzgerald Avenue. An initial review and title search of the abstract has raised some concern from the City Attorney whether there may be a time delay in obtaining clean title to the property. Legal title to the property has not been transferred to Violet and Earl Williams from Cecelia Steiner who passed away a number of years ago. As a precautionary measure, City Attorney Dave Snyder recommended that the Council authorize the City Attorney's office to exercise the use of eminent domain, if necessary, as a legal measure to obtain a clean title to the property. The City Attorney's office is cautiously optimistic that this measure may not be necessary, but due to the potential construction delays, recommended that the City Council authorize and approve the City Attorney to exercise the use of eminent domain state statues in order that the City move forward with closing on the purchase of the Williams home at 14651 Fitzgerald Avenue. Miron made motion, Haas seconded, authorizing City Attorney Dave Snyder to exercise the use of eminent domain, if necessary, in order that the City move forward with closing on the purchase of the Williams home at 14651 Fitzgerald Avenue. All aye. Motion Carried. MNDOT TRANSPORTATION FUNDING City Engineer Dave Mitchell recently received an email from the Minnesota Department of City Council meeting of March 19, 2001 Page 5 Transportation regarding a possible "one time" funding opportunity for transportation funds, with a response time of five days. Staff discussed the issue, and determined that the City of Hugo should submit for this possible funding opportunity allowing Council to review the information at a later date. In the event that the funding does become available, the City Council would be informed of this information, and projects could be initiated if the Council so chooses. The City Engineer provided a brief overview of the opportunity and reviewed the letter submitted to Mn/DOT. As this was an FYI only, no formal action was required. PURCHASE AGREEMENT FOR 1.8 -ACRE PARCEL OF LAND FOR NEW WATER TOWER At its March 5, 2001 meeting, the Hugo City Council authorized the City Engineer to prepare plans and specs for the construction of a 1.5 million gallon water tower on the southeastern comer of the Len Pratt property, formerly the Jim Leroux property. Staff drafted a legal description of the 1.8 -acre parcel of land, and prepared a Purchase Agreement for approval by the City Council. Both parties have agreed to the terms and conditions of the Purchase Agreement whereby the City would purchase the land at a cost of $1,000 per acre, for a total cost of $1,800. Petryk made motion, Haas seconded, to approve the Purchase Agreement for the acquisition of a 1.8 - acre parcel of land now owned by developer Len Pratt for construction of the new water tower, at a cost of $1,800. All aye. Motion Carried. SCHEDULE JOINT MEETING WITH PLANNING COMMISSION (APRIL 9, 2001) With the Everton Avenue Study Project nearly complete, staff requested that Council schedule a joint meeting with the Hugo Planning Commission for Monday, April 9, 2001, at 7:00 pm, for the purpose of discussing the Everton Avenue Study Project. The purpose of the meeting will be for the Council to receive the draft report from staff along with recommendations from the group. Miron made motion, Petryk seconded, to schedule a joint meeting with the PC for Monday, April 9, 2001, at 7:00 pm, Hugo City Hall, for the purpose of discussing the Everton Avenue Study Project. All aye. Motion Carried. SCHEDULE CIP WORKSHOP WITH NICK DRAGISICH AND SPRINGSTED, INC. At its February 20, 2001 meeting, the Hugo City Council approved the selection of Nick Dragisich, Springsted, Inc., to complete the City's Capital Improvement Program. Staff has been working with Mr. Dragisich to prepare a draft of the City's CIP, and requested that Council schedule a meeting with him to review the first draft. This will be an opportunity for Council to review the list of projects, equipment, and methods of funding. Miron made motion, Petryk seconded, to schedule a Council workshop for April 12, 2001, Hugo City Hall, at 7:00 pm, to allow Council time to review the list of projects, equipment, and methods of financing the City's Capital Improvement Program. All aye. Motion Carried. City Council meeting of March 19, 2001 Page 6 AUTHORIZATION FOR STAFF TO ADVERTISE FOR CLERICAL STAFF PERSON In the City's 2001 budget, staff received approval from the City'Council for an additional clerical support staff person to work in the Community Development Dept., Building Inspection Dept., and City Clerk's office. With the reassignment of the Deputy Clerk duties to the Community Development Assistant, it is time for staff to proceed with the development of a job description for the clerical support staff person, who will work closely with these three departments. Puled made motion, Petryk seconded, to approve preparation of a job description and advertise for the position of secretary in the City of Hugo. All aye. Motion Carried. AUTHORIZATION FOR STAFF TO PROCEED WITH SWAT TRAINING, FIREFIGHTER TRAINING. AND DEMOLITION OF CITY HALL HOUSES ON FITZGERALD AVENUE The City of Hugo closed on the purchase of the Marier home on Fitzgerald Avenue two weeks ago, and will close in the next two weeks on the purchase of the Steiner home. Staff also has a signed Purchase Agreement for the Williams home, which is located between the other two homes on Fitzgerald Avenue. The Hugo FD and Washington County Sheriffs Department have approached City staff regarding a combination mutual aid disaster firefighting and a SWAT team training exercise. Staff would proceed with the active solicitation of quotes from local demolition contractors, much like the demolition contracts that were let last fall for removal of the homes on Forest Boulevard. The City will open bids on Thursday, April 5, 2001, for construction of the new City Hall. City staff recommends Council authorize staff to proceed with the approval of the fire training and SWAT team training exercises, and the demolition contracts for removal of the homes on Fitzgerald Avenue. Puleo made motion, Haas seconded, authorizing to proceed with the combination mutual aid disaster firefighting and a SWAT team training exercise as requested by the Hugo FD and the Washington County Sheriffs Department, as well as the solicitation of quotes for the demolition of the houses on Fitzgerald Avenue at the conclusion of the training exercises. All aye. Motion Carried. WATER METER REPLACEMENT SURCHARGE ORDINANCE The Public Works Department began a water meter replacement program more than one year ago in the City of Hugo in an effort to replace old and defective water meters that were not functioning in recording water usage in homes in the City. Through the use of letters, telephone calls, and personal contacts, the Public Works Department has been able to replace a large number of water meters, but has been unsuccessful to secure entrance into homes due to the lack of cooperation from residential home owners. Staff researched this issue for a number of months, and with the assistance of similar policies in other communities, developed a water meter replacement surcharge ordinance in an effort to allow the City's Public Works Department entrance into homes or home owners would face a surcharge on their water utility bill. Staff recommended Council adopt the ordinance that was drafted by the City Attorney, in cooperation with the Public Works Department, in order to provide staff the necessary tools by which to conduct and complete the City water meter replacement program. City council meeting of March 19, 2001 Page 7 Miron made motion, Petryk seconded, to adopt ORDINANCE 2001-348 AN ORDINANCE AMENDING CHAPTER 314 PERTAINING TO WATER SYSTEMS BY REQUIRING AN OWNER TO PERMIT THE CITY ACCESS TO THEIR PROPERTY TO INSTALL, INSPECT, REPLACE, OR REPAIR WATER METERS AND PROVIDING FOR ESTABLISHMENT OF A SURCHARGE OF NONCOMPLIANCE WITH THIS ORDINANCE. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. Haas made motion, Petryk seconded, to adopt RESOLUTION 2001-9 A RESOLUTION ESTABLISHING A SURCHARGE FOR PROPERTIES AS TO WHICH INSPECTION, REPAIR OR REPLACEMENT OF WATER METERS IS NOT PERMITTED. VOTING AYE: Haas, Petryk, Puleo, Miron Motion Carried. REQUEST FOR AMENDMENT TO SCHUMANN DEVELOPMENT AGREEMENT FOR TWO ADDITIONAL BUILDING PERMITS In 2000, Dave Schumann received approval from the Hugo City Council for the construction of a 9 -lot subdivision. Council agreed to allow Mr. Schumann building permits for construction of three model homes until at such time a bituminous roadway was constructed on the cul-de-sac in the subdivision. To date, Mr. Schumann has only constructed a gravel road with 6" of class 5 gravel, and seeks an amendment to the Development Agreement to allow him to obtain permission from the City's Building Inspection Department for two additional building permits, since two of the model homes were sold. Community Development Director John Rask expressed the following concerns: access of public safety equipment to the site; a guarantee to insure improvement is installed; and depositing dirt/mud on CR8 creating a safety problem. Mr. Schumann indicated that the road was more than adequate for public safety equipment, and that once the snow melted, there would not be a problem with dirt being deposited on CSAH8. Miron made motion, Haas seconded, to approve the request for amendment to Dave Schumann's Development Agreement (Deer Park Estates) for two additional building permits, and the City Attorney draft the amendment. The developer shall take reasonable measures and follow the recommendations of the City Engineer relative to dirt/mud deposited on CR8 from his development. All aye. Motion Carried. INTERVIEW APPLICANTS FOR THE VACANCIES ON THE PARKS COMMISSION The Parks Commission currently has two vacancies, and at this time, interviewed the following candidates for the vacancies: Tom Cheesebrow; Steve Snyder; Tom Weidt; and Vince Thomas. After interviews were conducted, with the assistance of Parks Commission members, Robyn LaCasse and Dave Strub: Puleo made motion, Miron seconded, to appoint Tom Cheesebrow and TomWeidt to fill the current City Council meeting of March 19, 2001 Page 8 vacancies on the Parks Commission. All aye. Motion Carried. GFOA CERTIFICATE OF ACHIEVEMENT AWARD The City of Hugo has been notified by the International Government Finance Officers Association of America that the City of Hugo has received, on behalf of the Finance Director Ron Otkin, a Certificate of Achievement Award for excellence in the development and completion of the City's comprehensive annual financial report for the year ended December 31, 1999. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The City Council publicly recognized Finance Director Ron Otkin for his excellent work and dedication to the City for the past 12 years and for his work as the City's Finance Director. PELOOUIN INDUSTRIAL PARK UPDATE Community Development Director John Rask updated the Council on bid results received by the City on March 9, 2001. This matter will be placed on the Council agenda for April 2, 2001. SEMINAR Council member Petryk requested Council authorization for payment of a conference registration fee. Miron made motion, Haas seconded, that the Council authorize payment of $65.00 to allow Council member Becky Petryk to attend a seminar All aye. Motion Carried. ADJOURNMENT Haas made motion, Petryk seconded, to adjourn at 10:10 pm. All aye. Motion Carried. 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