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HomeMy WebLinkAbout2001.07.02 CC MinutesMINUTES FOR THE HUGO CITY COUNCIL MEETING OF JULY 2.2001 Mayor Fran Miron called the meeting to order at 7:00 pm. PRESENT: Granger, Haas, Puleo, Miron City Administrator, Michael Ericson Community Development Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager ABSENT: Becky Petryk CITY COUNCIL MEETING MINUTES FOR JUNE 18, 2001 Miron made motion, Haas seconded, to approve the minutes for the City Council meeting of June 18, 2001, as amended. All aye. Motion Carried. APPROVAL OF AGENDA Delete E.1 from agenda Add K.3 Discussion of Oneka Lake Townhomes Add KA Discussion of Kennel Issues Miron made motion, Puleo seconded, to approve the agenda as set. All aye. Motion Carried. CONSENT AGENDA Granger made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approval of Sign Application from Wilson Tool Charitable Gambling License for Indianhead Scouting/BSA Resignation of Building Inspector and Advertise for Replacement Approval of Annual Performance Appraisal & Salary Adjustment (Tom Smith) Approval of Encroachment Agreement (Bergeron) Approval of Encroachment Agreement (Tetrault) Appointment of Probationary Firefighters All aye. Motion Carried. APPROVAL OF CLAIMS Adoption of the Consent Agenda approved the claims for July 2, 2001 as presented. City Council meeting of July 2, 2001 Page 2 APPROVAL OF SIGN APPLICATION FROM WILSON TOOL Wilson Tool made application to the City for a 189 sq ft wall sign to be located on their building located at 12909 Farnham Avenue. The sign will be located on the east side of the building adjacent to TH61 and would not be illuminated. The applicant is permitted 336 sq ft of wall signage according to the City's sign ordinance. Adoption of the Consent Agenda approved the application and directed the building official to issue a sign permit. CHARITABLE GAMBLING LICENSE FOR INDIANHEAD SCOUTINGBSA IndianheadBSA made application to the City for a Minnesota Lawful Gambling Permit to conduct a raffle on September 25, 2001 at Wild Wings of Oneka. Staff reviewed the application and found it to be complete and in accordance with state statute and City code. Adoption of the Consent Agenda approved the charitable gambling license for IndianheadBSA to conduct a raffle on September 25, 2001 at Wild Wings of Oneka. RESIGNATION OF BUILDING INSPECTOR AND ADVERTISE FOR REPLACEMENT On June 20, 2001, Building Inspector Jason Harinen submitted his resignation ending his employment with the City of Hugo as of July 6, 2001. Adoption of the Consent Agenda accepted the resignation of Jason Harinen and instructed staff to advertise for a replacement building inspector. APPROVAL OF ANNUAL PERFORMANCE APPRAISAL & SALARY ADJUSTMENT FOR PUBLIC WORKS MAINTENANCE WORKER The City hired Tom Smith on June 26, 2000 as the City's public works maintenance worker. Tom has worked very hard over the past year to become an integral member of the public works dept. He is dependable, a hard worker, and has excellent interpersonal communication skills with his coworkers and public alike. He is an excellent asset to the Public Works Director, and has a strong desire to grow with the department and the City. Adoption of the Consent Agenda approved Tom Smith's annual performance appraisal and salary adjustment as prescribed in the City's employee salary matrix. APPROVAL OF ENCROACHMENT AGREEMENT (BERGERONI T. Bergeron Construction made application to the City for an Encroachment Agreement to locate two decks within a drainage and utility easement on Lots 11 and 12, Block 1 in the Beaver Ponds 4'h Addition. The home is located at 12773 and 12771 Ferrara Drive. The decks would encroach 10 ft into the drainage and utility easement, but would be at least 8 ft over the high water elevation of the wetlands. The decks would comply with all applicable yard setback requirements. Adoption of the Consent Agenda approved an Encroachment Agreement with T. Bergeron Construction and directed the City Attorney to prepare the Agreement for signature by the Mayor. APPROVAL OF ENCROACHMENT AGREEMENT (TETRAULTI Ray Tetrault Contracting made application to the City for an Encroachment Agreement to locate a 3 - season porch and deck within a drainage and utility easement on Lot 9, Block 1 in the Beaver Ponds 5'h Addition. The home is located at 12838 Fondant Trail. The applicant is seeking approval of an City Council meeting of July 2, 2001 Page 3 Encroachment Agreement to construct a 3 -season porch and deck that would encroach 12 ft into the drainage and utility easement. The footings for the proposed porch and deck would be the only part of the structure that would be placed within the easement. The porch and deck would be at least 8 ft over the high water elevation of the wetland. The deck would be approximately 35 ft from the edge of the wetland and would comply with all applicable yard setback requirements. Adoption of the Consent Agenda approved an Encroachment Agreement with Ray Tetrault Contracting and directed the City Attorney to prepare the Agreement for signature by the Mayor. APPOINTMENT OF PROBATIONARY FIREFIGHTERS Fire Chief Joe McMahon recommended for appointment two probationary firefighters in accordance with Section 1300 of the Hugo FD's Suggested Operating Guidelines. Adoption of the Consent Agenda appointed Scott Peterson and Russell Frantum as probationary firefighters. JD2 APPEAL (REVIEW JUNE 25m COUNCIL DECISION AND MEDIATION SESSIONS TO DATE) At its June 25`h Council workshop/special Council meeting, the Council considered the JD2 lawsuit appeal process. Previously, at its June 18'h meeting, the Council postponed action on the JD2 appeal until the specially called meeting on Monday, June 2P in order to hear the results of the fourth session with mediator Roger Williams that was held on Friday, June 22, 2001. As Council is aware, Attorney Paul Haik notified staff that the City must file a notice of appeal no later than Friday, June 29, 2001 for the JD2 lawsuit. Mayor Miron passed the gavel to acting Mayor Chuck Haas and excused himself from discussion on the issue. Council discussed the progress of the mediated sessions to date, and agreed that a significant amount of progress has been made. Council took public comment on the issue, and then discussed amongst itself whether or not to proceed with the appeal. City Attorney Dave Snyder presented three options for Council to consider, and ultimately no action and no formal vote was taken by the Council. Staff asked for clarification from Council on the issue, and was instructed, through the City Attorney, to contact Attorney Paul Haik and inform him that the Council took no action to proceed with the appeal, which stops the City's involvement in the appeal process, but still allows the other plaintiffs to proceed with the appeal if they should so choose. This issue was placed on the agenda to make a public announcement of the Council's decision at a regularly scheduled Council meeting. City Attorney Dave Snyder summarized the City's position at the meeting. He also advised the Mayor that he would be able to again deliberate on matters relating to JD2, but not the lawsuit. The action by the City Council confirms that the City will not expend any additional City funds on the appeal process. CITY HALL FINANCINGBUDGET (FINANCIAL ADVISOR) RESOLUTION CALLING FOR A PUBLIC HEARING Finance Director Ron Otkin, City Administrator Mike Ericson, and City Architect Bob Russek prepared a draft budget for construction of the new City Hall. Another financial advisory firm that has expressed an interest in selling the bonds for this project has approached staff, however, the Finance Director recommended that the City continue its long-term relationship with Ehlers and Associates. Puleo made motion, Granger seconded, to recess the Council meeting at 7:25 pm to call the Economic Development Authority to order. All aye. Motion Carried. City Council meeting of July 2, 2001 Page 4 Mayor Fran Miron called the Economic Development Authority (EDA) to order at 7:26 pm. PRESENT: Granger, Haas, Puleo, Miron City Administrator, Michael Ericson Community Development Director, John Rask City Attorney, Dave Snyder City Engineer, Dave Mitchell City Clerk, Mary Ann Creager Miron made motion, Granger seconded, to adopt RESOLUTION 2001-24 IMITATING PROCESS FOR ADOPTION OF REDEVELOPMENT PLAN. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. Miron made motion, Haas seconded, to adjourn the EDA at 7:30 pm. All aye. Motion Carried. The City Council reconvened with the same roll call. Haas made motion, Puleo seconded, to adopt RESOLUTION 2001-25 APPROVING REDEVELOPMENT PROJECT AREA AND PLAN. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. The Council opted to retain Ehlers and Associates as its financial advisor. WBL SCHOOLS FACILITIES COMMITTEE REPORT In late summer 2000, the City was contacted by the WBL School Board requesting City representation on a facilities task force to provide a facilities plan for the WBL school district to address the overcrowding problem at Hugo Elementary School. As Council is aware, four satellite classrooms have been approved and will be installed this summer with the opportunity for an additional two in 2002- 2003. City Administrator Mike Ericson served as the City's representative on this task force, and provided a summary of the facilities committee report that was presented to the WBL school board on Monday, June 11, 2001. Chuck Corliss, transportation director for the district, was present to field questions from Council, and stated that the school district will have voters decide on a bond referendum in April 2002. Council ageed to participate with the WBL school district to establish Joint Powers Agreements for park planning and long-term school location planning. No Council action was required. 2000 CENSUS REPORT The Council was provided for consideration the final report from the U.S. Dept of Commerce and its census report for the City for the year 2000. CD Director reviewed a matrix he prepared that outlined population statistics for the City. No formal Council action was required. City Council meeting of July 2, 2001 Page 5 UPDATE ON GOIFFON SLAUGHTERHOUSE APPEAL At its June 4, 2001 meeting, the Council directed staff to prepare Findings of Fact for the Goiffon slaughterhouse appeal. Due to vacation schedules, the CD Director and the City Attorney, delayed action on this item until tonight's meeting. City Attorney Dave Snyder and CD Director John Rask accurately detailed, according to City records and additional research, a timeline of the operation's history. Haas made motion, Puleo seconded, to adopt RESOLUTION 2001-26 APPROVING FINDINGS OF FACT REGARDING AN APPEAL OF AN ADMINISTRATIVE ORDER RELATING TO THE PROPERTY LOCATED AT 8124 147TH STREET. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. PELOOUIN INDUSTRIAL PARK P.I. PROJECT (EASEMENTS AND AWARD BID) At its June 18, 2001 meeting, the Council discussed the work of Evergreen Land Services to date in securing easements for the Peloquin Industrial Park project. Staff shared with Council a matrix prepared by Mark Storm from Evergreen Land Services in an effort to step up the easement negotiations by the July 2°d deadline. As Council is aware, City Engineer Dave Mitchell was successful in obtaining a 60 - day extension on the low bid submitted by Richard Knutson, Inc. Staff recommended Council consider the easement negotiations and any agreements signed to date, and its legal statutory option to obtain easements for the project. The Council can accept the low bid and award the contract for the work to Richard Knutson, Inc., but only if easements are obtained or action is taken to obtain easements in a more timely manner. Staff provided a detailed update on the negotiations of the 13 individual easements, as well as the status of required permits from the Army Corps of Engineers. Miron made motion, Haas seconded, authorizing the City Attorney to exercise eminent domain to acquire easements for the Peloquin Industrial Park P.I. Project. Staff will continue to negotiate with property owners for acquisition of the easements. Puleo made motion, Miron seconded, to amend the previous motion by adding the vacation of the existing drainage easement on the Glamos in exchange for the storm sewer easement for the improvement project. VOTE ON AMENDMENT: All aye. Motion Carried. VOTE ON ORIGINAL MOTION: All aye. Motion Carried. Granger made motion, Haas seconded, to award the bid for the Peloquin Industrial Park P.I. Project to the low bidder, Richard Knutson, Inc., subject to approval by the City Attorney, at a cost of $1,143,260, and subject to, and contingent upon, our execution of Change Order No 1 at no additional charge to the City. All aye. Motion Carried. City Council meeting of July 2, 2001 Page 6 REPORT ON 140TH STREET PUBLIC MEETING (JUNE 14, 20011 In May 2001, Council awarded the low bid for the City's annual graveling contract to Dresel Contracting. Included in the bid award was an alternate line item for additional gravel for the 14& Street project, which the Council had discussed last year. Staff held a public informational meeting on June 14, 2001 with area residents at the Withrow Elementary School to discuss the proposed reopening of 140th Street, which if done, would include the upgrade of the road to a more improved status. There were about 30 residents in attendance along with Mayor Miron and Councilman Haas, as well as the Fire Chief, the City Engineer, Public Works Director, and City Administrator. Three Washington County deputies were also in attendance. Mayor Miron took public comment on the issue and presented the City's interest and statements from residents as to why or why not the road should be reopened. Presentations from Fire Chief Joe McMahon and Deputies Brad Marquardt and Jerry Cusick were offered with the rationale as a public safety issue. There were a significant number of issues raised by the residents, and support was offered both pro and con for reopening the road, with Mayor Miron reiterating comments made at the meeting. Miron made motion, Haas seconded, directing staff to prepare a full report on costs and work necessary to open 14& Street, and schedule a special meeting with residents at Withrow Elementary School. All aye. Motion Carried. APPROVAL OF PRELIMINARY PLAT FOR VICTOR GARDENS At its June 27, 2001 meeting, the Hugo Planning Commission considered the preliminary plat for the Victor Gardens subdivision located immediately south of CSAH 8 next to the border with Lino Lakes. The PC recommended approval of the preliminary plat, which includes 82 single-family lots. City staff recommends that Council consider the recommendation from the PC and staff's recommendation to approve the preliminary plat for Victor Gardens and the developer Len Pratt. Granger made motion, Puleo seconded, to adopt RESOLUTION 2001-27 APPROVAL PRELIMINARY PLAT FOR VICTOR GARDENS ON PROPERTY LOCATED A CSAH8 AND EAST OF EXISTING ELMCREST AVENUE NORTH. VOTING AYE: Granger, Haas, Puleo, Miron Motion Carried. REQUEST TO INVESTIGATE GOIFFON SLAUGHTERHOUSE City staff received a letter from the Oppenheimer Law Firm, who represents Defending Farm Animals, an organization opposed to the inhumane handling and slaughter of farm animals. Staff requested direction from Council, through prosecuting City Attorney Tom Weidner, as to whether or not the prosecuting attorney should investigate the Goiffon slaughterhouse operation. Haas made motion, Puleo seconded, that unless the City Prosecutor determines that further action by the City is warranted at this time, the inquiry should be directed to other administrative agencies or entities that may have jurisdiction to review such matters. All aye. Motion Carried. City Council meeting of July 2, 2001 Page 7 SWEET GRASS MEADOWS DITCH PROJECT UPDATE City Engineer Dave Mitchell provided an update on the Sweet Grass Meadows ditch project that has been delayed due to three things: 1) storm water that has collected in the ditch and has remained there for the past several months; 2) slow response from contractor; and 3) Rocky Goertz's request to the RCWD for a wetlands determination for the ditch. As Council may be aware, Mr. Goertz had planted wetlands seeds in the ditch in an effort to create wetlands, and according to RCWD staff, it appeared that the wetland was not growing. Due to subsequent rainfall and the natural germination of the wetlands seed, an initial site inspection was made this past week by the RCWD, who will advise Mr. Goertz and the City of Hugo in the future. This determination has a direct impact as to whether or not the ditch project can proceed. Miron made motion, Haas seconded, that staff send a letter to Rocky Goertz stating the City's dissatisfaction for his change in mind with respect to the ditch's wetland determination, and formally request that he relinquish his right to it. Also, a letter will be sent to the RCWD indicating that the City moved forward with this project with the understanding from them that the ditch was not a wetland. All aye. Motion Carried. ONEKA TOWNHOMES The City received a letter from the developer of Oneka Lake View North for an extension of 30-45 days for Item 3N of their Development Agreement. Haas made motion, Granger seconded, that a deadline of July 25, 2001 be extended to the developer to complete all necessary public utilties work or the City shall exercise its letter of credit to complete the work. The City Attorney will notify the developer in writing of the All aye. Motion Carried. BEAVER PONDS CD Director John Rask provided updates on the Beaver Ponds play equipment installation project and a request from a few Beaver Ponds' resident for a City review of a drainage and utility easement in the rear of their properties. Mr. Rask and the Mayor will meet with the residents. ADJOURNMENT Haas made motion, Granger seconded, to adjourn at 10:00 pm. All aye. Motioned. Mary A reager City er