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HomeMy WebLinkAbout2001.06.18 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JUNE 18, 2001 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Petryk, Puleo, Miron City Administrator, Michael Ericson Community Development Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager MINUTES FOR CITY COUNCIL MEETING OF JUNE 4.2001 Haas made motion, Puleo seconded, to approve the minutes for the City Council meeting of June 4, 2001 as presented. All aye. Motion Carried. APPROVAL OF AGENDA MA Beaver Ponds and Sweet Grass Meadows (Development Updates) M.5 TIF Legislative Update (Bald Eagle Industrial Park) L.1 140'h Street Public Meeting Report Miron made motion, Haas seconded, to approve the agenda with the above additions. All aye. Motion Carried. BOB RUSSEK, CITY ARCHITECT (NEW CITY HALL) City Hall architect Bob Russek from ESG Architects was present to share with Council the issues and timetable for the construction of the new City Hall. He also presented some samples for the exterior structural brick and block for Council to consider. Council members Granger and Puleo, who serve on the City Hall Bldg Committee, recommended the colors. No formal Council action was required. STATE REPRESENTATIVE RAY VANDEVEER, COUNTY COMMISSIONER DENNIS HEGBERG, AND MNDOT REP RICK ARNEBECK (INTERCHANGE ar, 1-35E AND CR4) State Representative Vandeveer, Washington County Commissioner Dennis Hegberg, and MnDOT Manager Rick Arnebeck were all present to make a brief presentation to the Council regarding Council's interest in a freeway access study for the I -35E and CR4 interchange. On Wednesday, May 23, 2001, staff held a meeting with Rick Amebeck, MnDOT Area Manager, regarding MnDOT's access study being conducted for the Forest Lake area near CR97. Staff shared with Mr. Arnebeck the results of the Everton Avenue study and proposed development that would push and put a focus on the I -35E and CR4 interchange. Mr. Amebeck was very interested in the study, and said he would take the City's information to his department for further discussion. He stated that that Forest Lake access study would not be extended down to CR4 for a number of reasons. Staff respected MnDOT's position, and simply asked that the issue be placed on MnDOT's CIP for future consideration and development. Staff also discussed with Mr. Arnebeck the need for an interchange access study at CR 14 and I -35E. Staff will schedule a workshop with nearby community leaders, MnDOT, and Met Council City Council meeting of June 18, 2001 Page 2 representatives to discuss future planning study. No formal Council action CONSENT AGENDA Haas made motion, Granger seconded, to approve the following Consent 2001-2002 Road Maintenance Agreement with Washington County Approval of Appointment of Jake Hauck as Seasonal Public Works Employe Appointment of Probationary Firefighters Approval of Lawful Gambling Permit for St. John the Baptist Church Substantial Completion of Deer Park Estates Approval of Contract with Mark Haug for Construction of New City Hall Denial of Request from Sedona Homes for Amendment to Cluster Ordinance Recommendation to Hire Kristi Montanan as the Deputy Clerk/Receptionist Approval of Encroachment Agreement w/Xcel Energy for Water Main Exten, Approval of Encroachment Agreement w/MCES for Water Main Extension All aye. Motion Carried. required. of Fact) The current Road Maintenance Agreement with Washington County has a t ending June 30, 2001. allowing for the continuance of maintenance services through June 30, 2002. There is relatively no change to the Agreement other than some equipment rate changes during the i kew term. Adoption of the Consent Agenda approved the Road Maintenance Agreement with Washington County for 2001- 2002. At its June 4, 2001 meeting, the Council appointed James Hodgson as the sea employee for 2001. Unfortunately, Mr. Hodgson obtained other employment interested in the position. The Public Works Director and City Administrator applicants for the position, and offered the job to the second ranked applicant accepted the employment at a rate of $10.00/hr., and started employment Ma Adoption of the Consent Agenda appointed Jake Hauck the seasonal public m APPOINTMENT OF PROBATIONARY FIREFIGHTERS Fire Chief Joe McMahon recommended five individuals for appointment as accordance with Section 1300 of the Hugo Fire Department's Suggested Of Adoption of the Consent Agenda appointed Adrian Roman, Pat Dunn, Shave and Jim Compton, Jr., as probationary firefighters. St. John the Baptist Church made application to the City for a Lawful Gan lawful gambling activities on August 26, 2001 at its annual church bazaar. conal public works and was no longer reviewed the other Take Hauck. Mr. Hauck day, June 11, 2001. oirks employee for 2001. obationary firefighters in sting Guidelines. Kane, Ken Lindberg, Permit to conduct ►tion of the Consent City Council meeting of June 18, 2001 Page 3 Agenda approved the issuance of a Lawful Gambling Permit for St. John the Baptist Church for August 26, 2001. SUBSTANTIAL COMPLETION OF DEER PARK ESTATES Dave Schumann, developer of Deer Park Estates, requested a substantial completion from the City for the construction of a road for his subdivision. City Engineer Dave Mitchell reviewed the applicant's request with Public Works Director Chris Petree, and found that the developer has satisfactorily completed installation of the utilities. Adoption of the Consent Agenda approved the substantial completion of the Deer Park Estates subdivision subject to the conditions recommended by the City Engineer. APPROVAL OF CONTRACT WITH MARK HAUG FOR CONSTRUCTION OF CITY HALL At its May 7, 2001 meeting, the Council awarded the contract for the construction of the new City Hall to the low bidder Mark Haug Construction of Pine City, in the amount of $1,336,000.27. Project architect Morgan Markoe of BRA and Associates prepared a standard AIA contract for the City and Mark Haug Construction. Adoption of the Consent Agenda approved the contract with Mark Haug Construction for the construction of the new City Hall, based on review and approval by the City Attorney. DENIAL OF REQUEST FROM SEDONA HOMES FOR AMENDMENT TO CLUSTER ORDINANCE (FINDINGS OF FACT) At its June 4, 2001 meeting, the Council considered a request from Sedona Homes for an amendment to the City's cluster ordinance. After much discussion, the Council expressed its general support for development of a revised cluster ordinance, which it felt would take additional time to discuss and solicit public input. Council directed staff to notify Sedona Homes that it voted to deny its request for an amendment to the City's cluster ordinance, but also requested that staff work with Sedona Homes and other property owners in the eastern section of the City to develop a cluster ordinance that would meet the needs of the City. Adoption of the Consent Agenda approved the Findings of Fact for the Council's denial of Sedona Homes' requested for an amendment to the City's cluster ordinance. RECOMMENDATION FOR APPROVE JOB DESCRIPTION FOR THE HIRING OF THE DEPUTY CLERK/RECEPTIONIST On June 12'h and June 13'h, City staff completed its interview of candidates for the deputy clerk/receptionist position. There were a total of 57 applicants for the position and staff interviewed 10. Adoption of the Consent Agenda approved hiring Kristi Montanari, effective July 9, 2001 at a salary of $28,000, and that she be subject to a pre-employment physical and a six-month probationary period. APPROVAL OF ENCROACHMENT AGREEMENT W/XCEL ENERGY FOR WATER MAIN EXTENSION City Engineer Dave Mitchell and City Attorney Dave Snyder received an Encroachment Agreement from Xcel Energy for the construction and extension of the water main from the City's tower No. 3 to City Council meeting of June 18, 2001 Page 4 the connection with the City's water system. Adoption of the Consent Agen a approved the Encroachment Agreement from Xcel Energy, and directed staff to finalize anr portion of the Agreement. EXTENSION City Engineer Dave Mitchell and City Attomey Dave Snyder received an En oachment Agreement from MCES for the construction and extension of the water main from the C' 's tower No. 3 to the connection with the City's water system. Adoption of the Consent Agenda a proved the Encroachment Agreement from MCES, and directed staff to finalize any po on of the Agreement. APPROVAL OF CLAIMS Haas made motion, Granger seconded, to approve the claims for June 18, 20Q1 after removal of the claim for BRA in the amount of $21,622.02. All aye. Motion Carried. ARCHITECTURAL SERVICES ON NEW CITY HALL At its June 4, 2001 meeting, the Council approved an Architectural Inspectio Services Agreement with Bob Russek and ESG Architects for architectural services related to the construction of the new City Hall. Since that time, staff met with the chief architect Morgan Markoe of BRA and Associates regarding a partnership with ESG Architects. BRA and Associates would like to severe its architectural services with the City for the construction of the new City Hall. City staff recommended Council approve the Separation Agreement with BRA and Associates for architectural services related to the const ruction of the new City Hall. BRA and Associates will still mai tain liability insurance for the construction plans and blueprints. the alleged sale of Miron made motion, Granger seconded, to table this matter until the Council Imeeting of July 2, 2001. All aye. Motion Carried. The City Attorney has scheduled a hearing for Monday, June 18, 2001 at 7:3 pm to consider an alleged violation of the City's liquor ordinance. The City had received a con iplaint from the Washington County Sheriffs Department that an alleged sale of alcohol occi rred on January 3, 2001 at The End Zone without first obtaining a liquor license. The Council voted on April 16, 2001 to conduct a hearing to determine if the City should impose a civil sanction, if a allegations are proved pursuant to Chapter 232. City Attorney Dave Snyder prepared a detailed procedure for The End Zone hearing that Council should review before the meeting, which will be conver, ed by Mayor Fran Miron. City Attorney Dave Snyder was present to assist the Council in its hearing or. the alleged sale of alcohol beverages without a license. City Council meeting of June 18, 2001 Page 5 Mayor Miron called the hearing to order at 7:35 pm. CITY COUNCIL PRESENT: Granger, Haas, Petryk, Puleo, Miron CITY STAFF PRESENT: City Administrator, Michael Ericson Community Development Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager Also present: Deputy Mark Richert Antonina Krawmarczuk, The End Zone Alexei Pachtchenko, The End Zone City Attorney Snyder presented a summary of the case. Mr. Pachtchenko and Ms. Krawmarczuk stated that they understood the charges against them, and that they chose not to have an attorney present to represent them. Deputy Richert testified to the events of January 3, 2001 with respect to the sale of alcohol without a liquor license at The End Zone Bar located at 13821 Forest Blvd. Mr. Pachtchenko and Ms. Kramarczuk stated that they had no witnesses or any documents for the Council. Mr. Pachtchenko stated that he was guilty of the sale of alcohol without a license, but did not understand what had happened at the previous night's Council meeting (January 2, 2001). Ms. Kramarczuk also stated that she did not understand exactly what had transpired at the Council meeting of January 20 . Haas made motion, Petryk seconded, that this Council make a finding that a violation of the Hugo City Code regarding liquor licenses has been proved based upon the information received by the Council at this time. VOTING AYE: Granger, Haas, Petryk, Puleo, Miron Motion Carried. Haas made motion to revoke the liquor license for The End Zone Bar and Grill for violation of the City's liquor ordinance. Motion failed for lack of second. Miron made motion, Puleo seconded, that the City impose a civil fine of $1,000, to be paid within 60 days, for violation of the City's liquor ordinance. Haas made motion, Granger seconded, to amend the previous motion to impose a civil fine of $2,000, payable in cash within 60 days, and if not paid within 60 days, the liquor license shall be permanently revoked. Puleo made motion, Petryk seconded, to amend the previous amendment that fine be paid within 90 days. VOTING AYE ON 2ND AMENDMENT: Granger, Haas, Puleo, Petryk, Miron Motion Carried. City Council meeting of June 18, 2001 Page 6 VOTE AYE ON 1 ST AMENDMENT: Granger, Haas, Puleo, Petryk VOTING NAY: Fran Miron Motion Carried. VOTING AYE ON ORIGINAL MOTION: Granger, Haas, Petryk VOTING NAY: Puled and Miron Motion Carried. Haas made motion, Petryk seconded, to adjourn the hearing at 8:30 pm. All aye. Motion Carried. Attorney Dave Snyder will notify Ms. Kramarczuk and Mr. Pachtchenko, in said hearing. the findings of On Monday, June 18, 2001, staff opened bids for the demolition and tteftval of the houses on Fitzgerald Avenue for the construction of the new City Hall. The City recei five bids, and City staff recommended the Council award the bid for the demolition and tree ren oval of the houses on Fitzgerald Avenue to D.C. Enterprizes at a cost of $21,208.00. Demolition i expected to start no later than Monday, June 25, 2001. Granger made motion, Haas seconded, to accept staffs recommendation and demolition and tree removal of the houses on Fitzgerald Avenue to D.C. Ent $21,208.00. All aye. Motion Carried. Attorney Paul Haik notified staff that the City must file a Notice of Appeal 29, 2001 for the JD2 lawsuit. Staff requested Council provide direction to t Administrator regarding official direction to Mr. Haik and his Notice of App Councilman Granger provided information to the Council on the outcome h to date. The task force will meet again on June 22, 2001, prior to the next s June 25, 2001. City staff recommended that Council consider the issue of v Judge Muehlberg's decision. City staff also requested Council authorize stf agreement for the cost sharing of the mediation services with Mr. Roger Wi BWSR; RCWD; DNR; and the City of Hugo have agreed to share in a 25% associated with the mediation necessary for the JD2 surface water managerr removed himself from Council discussion and voting on this matter. Petryk made motion, Granger seconded, to approve the Mediation Agre cost sharing of the mediation services for JD2 Blue Ribbon Task Force. All aye. Motion Carried. the bid for the �atacost of later than Friday, June attorney and the City it on behalf of the City. i the task force meetings ;ial Council meeting on >ther or not to appeal to enter into an ans. Four parties: are of the cost t plan. Mayor Miron with Roger Williams for City Council meeting of June 18, 2001 Page 7 INVOICE FROM JUDGE JOHN SIMONETT FOR MEDIATION WORK ON JD2 Retired Minnesota Supreme Court Justice John E. Simonett submitted an invoice in the amount of $4,106.03 for the City's share for the mediation services provided by the law firm of Greene Espel for mediation on the JD2 lawsuit. Attorney Paul Haik represented the City on this issue, and he has refused to pay this invoice for services rendered until Judge Simonett responds to his letter asking for certain clarifications. City Attorney Dave Snyder contacted both attorney Paul Haik and Judge Simonett regarding this issue, and presented his recommendation that the Council authorize payment of his mediation fees. Puleo made motion, Petryk seconded, to accept the City Attorney's recommendation any submit payment of the Judge Simonett invoice. All aye. Motion Carried. Mayor Miron took his place on the Council dais for discussion/voting on the balance of the agenda. EASEMENTS FOR PELOOUIN INDUSTRIAL PARK P.I. PROJECT Evergreen Land Services has been working with the City of Hugo to negotiate and obtain easements for the Peloquin Industrial Park Public Improvement Project. There has been progress to date, but the progress has been slow. The Council was provided a matrix by Mark Storm from Evergreen Land Services with information to consider on whether to award the low bid contract for the project by the July 2, 2001 bid award deadline. No formal Council was take at this time. REQUEST TO PURCHASE HOUSE (a, 14665 FOREST BOULEVARD At its May 7, 2001 meeting, the Council considered a request from staff for the purchase of a house on TH61. The owners of the house have divorced and are interested in selling the house, and have contacted the City regarding its interest in purchasing the building and land. Council directed staff to negotiate the purchase of the house and determine a funding source. Staff was able to negotiate a purchase of the house at a cost of $149,900, with the funds being supplied by the City's park dedication fund with a reimbursement at a later date. Due to the rising values of used homes in the Twin Cities metro area, the valuation on this home has continued to increase during the negotiations with the property owners, but staff has determined that the purchase is still a good value to the City. Haas made motion, Granger seconded, to approve the purchase of the house at 14665 Forest Boulevard, at a cost of $149,900, with funds from the City's park dedication fund and reimbursement at a later date. All aye. Motion Carried. REQUEST FROM SUNSET LAKE HOMEOWNERS ASSN FOR CITY APPROVAL & PARTICIPATION WITH DNR FOR APPLICATION OF HERBICIDE City staff was contacted by representatives of the Sunset Lake Homeowners' Association regarding the City Council meeting of June 18, 2001 Page 8 City's interest and participation in the herbal application to treat the Eurasian Sunset Lake. The Association contacted the DNR, who requests that the Ci agency that would serve as the clearinghouse for the Association to complete representing the Homeowners' Association, was present at the Council meeti the Council for its discussion and decision. Haas made motion, Granger seconded, that the City sign the application from herbicides to Sunset Lake to eradicate Eurasian milfoil and payment of $310 application cost. All aye. Motion Carried. SWAT TRAINING ON CITY HALL SITE (JUNE 20.20011 City staff provided notice to the Council and residents of Hugo that the Wa training exercise in cooperation with the Cottage Grove Police Department Wednesday, June 20, 2001 at 2:00 pm, at the site of the three homes that w construction of the new City Hall. No formal Council was required. ADJOURNMENT Miron made motion, Puleo seconded, to adjourn at 10:00 pm. All aye. Motion Carried. 17-21 d Mary Creager City milfoil problem on participate as the local its work. Dave Strub, g to present this issue to the DNR to apply as the City's share of the ington County SWAT ill take place on be demolished for the