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.
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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
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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
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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.
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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.
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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