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HomeMy WebLinkAbout2011.07.05 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON TUESDAY, JULY 5, 2011 Mayor Fran Miron called the meeting to order at 7:04 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Attorney Dave Snyder, Public Works Director Scott Anderson, and City Clerk Michele Lindau Approval of the Minutes for the Joint City Council/Planning Commission Land Use Workshop on June 9, 2011 Weidt made motion, Klein seconded, to approve the minutes for the Joint City Council/Planning Commission Land Use Workshop on June 9, 2011 as presented. All Ayes. Motion carried. Approval of the Minutes for the June 16, 2011 Hanifl Fields Grand Opening Celebration Weidt made motion, Klein seconded, to approve the minutes for the June 16, 2011 Hanifl Fields Grand Opening Celebration as presented. All Ayes. Motion carried. Approval of the Minutes for the City Council Meeting on June 20, 2011 Weidt made motion, Petryk seconded, to approve the minutes for the City Council meeting held on June 20, 2011 as presented. All Ayes. Motion carried. Approval of the Minutes for the June 23, 2011 Lake Air/Bald Eagle Estates Neighborhood Meeting Petryk made motion, Weidt seconded, to approve the minutes for the June 23, 2011 Lake Air/Bald Eagle Estates Neighborhood meeting as presented. All Ayes. Motion carried. Approval of the Minutes for the June 28, 2011 HBA/EDA Business Networking Breakfast Meeting Weidt made motion, Klein seconded, to approve the minutes for the June 28, 2011 HBA/EDA Business Networking Breakfast meeting as amended. Hass noted he was not at the meeting as the minutes indicated. All Ayes. Motion carried. Hugo City Council Meeting Minutes for July 5, 2011 Page 2 of 6 Approval of the Agenda Miron made motion, Haas seconded, to approve the Agenda as presented. All Ayes. Motion carried. Approval of the Consent Agenda Weidt made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Resolution on Statutory Tort Liability Limits Approve Special Event Permit for St. John's the Baptist Catholic Church for Country/Community Picnic on Sunday, August 7, 2011 Approve Variance from Parking Regulation for Houck Family at 5525 141St St. North Approve Authorization to Prepare an Ordinance Regulating Guesthouses/Mother-in-Law Apartments for Consideration by the Planning Commission Approve Authorization to Prepare Revisions to the Variance Ordinance to be Considered by the Planning Commission Approve Pay Request No. 1 from Northdale Construction for Work Completed to Date on the South Ethan Avenue Street Reconstruction Project. All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Resolution on Statutory Tort Liability Limits In the late 1990's, the League of Minnesota Insurance Trust required each city that obtained liability coverage from them to decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. At that time, the City Council opted not to waive the statutory limits. LMCIT is requiring each member city to reaffirm their position regarding these limits. Currently these limits are $500,000 per claimant and $1,500,000 per occurrence. Adoption of the Consent Agenda approved RESOLUTION NO. 2011-15 NOT TO WAIVE STATUTORY TORT LIABILITY LIMITS. Approve Special Event Permit for St. John's the Baptist Catholic Church for Country/Community Picnic on Sunday, August 7, 2011 The Church of Saint John the Baptist has submitted a special event permit application for an Old Fashioned Country/Community Picnic to commemorate their 110th Birthday as a Catholic Church in Hugo. The event would be on Sunday, August 7, 2011 on the church grounds, and will replace their annual perish festival. Staff has reviewed the application and found it to be Hugo City Council Meeting Minutes for July 5, 2011 Page 3 of 6 satisfactorily complete. Adoption of the Consent Agenda approved the Special Event Permit for St. John's the Baptist Catholic Church for their Country/Community Picnic to be held on Sunday, August 7, 2011. Approve Variance from Parking Regulation for Thomas Houck at 5525 141" St. North At its June 23, 2011 meeting, the Board of Zoning held a public hearing to consider the variance request from the parking regulations to have less parking stalls than what is required by ordinance for a commercial/retail use. The area in question is located at 5525 141St Street North along the east side of Highway 61. The previous use on the property was a daycare center. The zoning code does not list a required number of parking spaces for daycare centers. The applicant is now proposing the conversion of this building to a retail use, and since parking requirements for retail uses are specifically listed under the code, the applicant must meet the requirement or obtain a variance before the use can be allowed. There was no one that spoke during the public hearing except the applicant. The Board unanimously recommended adoption of the resolution for approval of the variance request. Adoption of the Consent Agenda approved RESOLUTION 2011 -16 APPROVING A VARIANCE FOR THOMAS HOUCK IN THE CENTRAL BUSINESS ZONING DISTRICT ON PROPERTY LOCATED AT 5525 141St STREET NORTH ALLOWING 18 PARKING SPACES FOR A RETAIL USE WHERE 32 SPACES ARE REQUIRED BY ORDINANCE. Approve Authorization to Prepare an Ordinance Regulating Guesthouses/Mother-in-Law Apartments for Consideration by the Planning Commission Residents have made requests to construct a guesthouse or mother-in-law apartment detached from their home. Most of the requests are for living space above a detached accessory building. The City Code does not allow a property to have more than one dwelling unit; therefore, detached guesthouses or mother-in-law apartments are also not allowed. The City Code does allow accessory apartments attached to the home. Adoption of the Consent Agenda approved authorization to research what other cities require for guesthouses/mother-in-law apartments, and prepare an ordinance for consideration by the Planning Commission. Approve Authorization to Prepare Revisions to the Variance Ordinance to be Considered by the Planning Commission Recently, there have been revisions to MN State Statutes regarding the approval criteria for variance requests. In order to be consistent with the statute, there are revisions that will need to be made to the City's variance ordinance. Adoption of the Consent Agenda approved authorization to prepare the revisions to the variance ordinance to be considered by the Planning Commission. Approve Pay Request No. 1 from Northdale Construction for Work Completed to Date on the South Ethan Avenue Street Reconstruction Proiect. The City of Hugo has received Pay Request No. 1 from Northdale Construction for work completed to date on the South Ethan Avenue Street Reconstruction Project. Senior Engineering Technician Steve Duff and City Engineer Jay Kennedy have reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda Hugo City Council Meeting Minutes for July 5, 2011 Page 4 of 6 approved Pay Request No. 1 from Northdale Construction in the amount of $91,588.73 for work completed to date on the South Ethan Avenue Street Reconstruction Project. Recap of June 28, 2011 HBA/EDA Business Networking Breakfast The Hugo City Council and City staff attended the HBA/EDA Business Networking Breakfast held on Tuesday, June 28, 2011 at Hugo City Hall. Washington County Attorney Pete Orput addressed the attendees on the topic of Identify Theft. Mayor Fran Miron and Council Members Phil Klein and Tom Weidt had attended the Breakfast and commented that County Attorney Orput provided an excellent presentation and Wise Guys provided breakfast pizza. County Attorney Orput indicated his willingness to speak to other groups on identity theft or similar topics. Report on June 28, 2011 Meeting with White Bear Lake City Officials Regarding the Fire Department On Tuesday, June 28, 2011, Council Member Chuck Haas and Community Development Director Bryan Bear held a meeting with White Bear Lake City Officials to discuss the Fire Department. Council Member Chuck Haas explained they discussed their partnership with the White Bear Lake Fire Department, and White Bear Lake was fully supportive in looking forward to take greater role the ambulance service. The majority of the discussion revolved around Basic Life Support (BLS) and the Joint Powers Agreement (JPA) between Hugo and White Bear Lake. Community Development Director Bryan Bear said White Bear seemed willing to investigate additional opportunities and modifications to the JPA. Schedule Date in August for Mid -Year Budget Review Meeting Annually, the City Council schedules a mid -year budget review in order to allow the Council to accept information from the Finance Department regarding the City's year-to-date finances as well as to review some target objectives for the next year's budget. Finance Director Ron Otkin recommended Council schedule a date in the middle of August on which to hear information from the Finance Department on year-to-date finance projections as well as target objectives for preparation of the City's 2012 City budget. The Council discussed the possibility of holding the budget workshop at the next regular scheduled Council meeting if there were no agenda items, and they asked staff look into that. Haas made motion, Petryk seconded, to schedule the mid -year budget review meeting for Tuesday, August 16, 2011 at 7:00 p.m. All Ayes. Motion carried. Approve Amendments to City Ordinance on Electrical Permits and Inspections The City currently relies on the State of Minnesota to issue electrical permits and to provide electrical inspections of all electrical work that is completed within the City. Community Development Director Bryan Bear explained that electrical permits will not be issued and electrical inspections will not be performed by the state during the government shutdown. The lack of electrical permits and inspections will impact all construction activity within the City. Hugo City Council Meeting Minutes for July 5, 2011 Page 5 of 6 City staff prepared ordinance revisions that allow the City to contract with a private licensed master electrician to perform the necessary electrical inspections. The code amendments involve adoption of the National Electrical Code and allow the City to administer the code by issuing permits, collecting fees, and requiring inspections. Staff has created the proper forms and has integrated the process into the City's computer permit issuing software. Upon adoption by the Council, the City will be able to issue permits and conduct inspections in accordance with state and national codes, without reliance of the State of Minnesota. The Council agreed it was a good idea to issue electrical permits at the City level. Weidt made motion, Petryk seconded, to approve adoption of ORDINANCE NO. 2011— 456 AMENDING CHAPTER 14, ARTICLE II, SECTIONS 23 AND SECTIONS 25 OF THE MUNICIPAL CODE RELATING TO THE STATE BUILDING CODE TO INCUDE THE NATIONAL ELECTRICAL CODE. Ayes: Petryk, Klein, Haas, Weidt, Miron Nays: None Motion carried. Approve Contract with Dave Kichler Inspections Inc to Perform Electrical Inspections Within the City of Hugo Currently, Dave Kichler works as a contract employee with the State of Minnesota to conduct electrical inspections as required by the National Electrical Code. The state collects all permit fees related to electrical inspections. The State keeps 30% of the fee and passes 70% on to the inspector. This is a standard practice used by other Cities and other electrical inspectors. Community Development Director Bryan Bear explained that staff has included the same formula in the draft contract. City staff is pleased with the work performed by Mr. Kichler, who provides timely inspections and good customer service, and would like to retain his services on behalf of the City. Haas made motion, Petryk seconded, approve the contract with the minor changes made by the City Attorney. All Ayes. Motion carried. Update on Yellow Ribbon Network Activities Council Member Chuck Haas and Council Member Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. Council Member Haas informed Council there will be a pre -deployment picnic on Sunday, July 10 at Fort McCoy. The Hugo and Stillwater YRNs have raised enough money to rent three busses to transport military families to this event. The Hugo Feed Mill has donated a mower and volunteers have donated their time to mow the lawns of those military families in need. At the next Hugo City Council meeting on July 18, 2011, the Minnesota National Guard's ESGR program will present a business award to the Eckberg Lammers law firm for all the help they provide the Hugo YRN as well as other networks in Washington County. Council Member Klein reminded everyone the next Hamburger Night at the Hugo Legion will be on July 27, 2011 and sponsored by WSB & Associates. Hamburger Night in August will be sponsored by the Hugo Lions Club. Hugo City Council Meeting Minutes for July 5, 2011 Page 6 of 6 Discussion of Trees on CSAH 8 and Response to Demand for Payment and Claim of Potential Litigation as Announced by Subcontractor At its June 20, 2011 meeting, the Hugo City Council discussed the condition of the trees that are planted along the boulevards on CSAH 8. Last week, Public Works Director Scott Anderson and Council Member Chuck Haas held a meeting with the general contractor and the tree subcontractor to discuss the condition of the trees. The Council was to enter into Executive Session to discuss the response to the demand for payment and claim of potential litigation as announced by subcontractor; however, City Attorney said this was not necessary. The Council discussed their options. Weidt made motion, Klein seconded, to withhold payment to the contractor and utilize the money to move forward with a satisfactory replacement of the trees. Ayes: Klein, Haas, Weidt, Petryk, Miron Nays: None Motion carried. Haas also referred to a report done by a forester which identified what needed to be done to address the remedial care of the trees and he requested staff look into it. Adjournment Weidt made motion, Klein seconded, to adjourn at 7:47 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk