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HomeMy WebLinkAbout2011.11.07 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MONDAY, NOVEMBER 7, 2011 Mayor Fran Miron called the meeting to order at 7:03 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, City Engineer Jay Kennedy, Senior Engineering Technician Steve Duff, Planner Rachel Juba, and City Clerk Michele Lindau Approval of Minutes for October 17, 2011 City Council Meeting Weidt made motion, Klein seconded, to approve the minutes for the October 17, 2011 City Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the October 18, 2011 Lions Park Workshop Weidt made motion, Petryk seconded, approve the minutes for the October 18, 2011 Lions Park Workshop as presented. All Ayes. Motion carried. October 19, 2011 Fire Department Relief Association Meeting Weidt made motion, Petryk seconded, approve the minutes for the October 19, 2011 Fire Department Relief Association meeting as presented. All Ayes. Motion carried. October 31, 2011 I -35E / CSAH 14 Interchange Ribbon Cutting Ceremony Weidt made motion, Klein seconded, approve the minutes for the October 31, 2011 I- 35E/CSAH14 Interchange Ribbon Cutting Ceremony as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approve the agenda as amended: Add to Council Presentations: Update on Changes to Charitable Gambling Legislation All Ayes. Motion carried. Hugo City Council Meeting Minutes for November 7, 2011 Page 2 of 8 Approval of the Consent Agenda Petryk made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Annual Performance Review for Building Official Chuck Preisler Approve City Administrator Separation Agreement and Receive and Accept Letter of Resignation Approve Employment Contract and Appointment of Bryan Bear as City Administrator Approve Final Pay Request from Northdale Construction for Watermain Extension Project Approve Application from Thomas J. Roy for Senior Deferral for Oak Shore Park Street and Utility Project Approve Application from Donald J. Schoeller for Deferral for South Ethan Avenue Street and Utility Project Approve Lawful Gambling Permit from the Hugo Business Association for the Warm Hearts for Charity Event on January 21, 2012 Approve Minor Subdivision for Bergman Family on 170th Street Approve Variance for Blomquist for Side Yard Setback at 15850 Finley Avenue North Approve Authorization for Planning Commission to Consider Amendments to the Parking Ordinance Approve Amendment to the Zoning Districts for Accessory Dwelling Units Approve Annual Snowmobile Trail Application for the Hugo Snowmobile Club Approve Annual Snowmobile Trail Application for the Rice Creek Trail Association A11 Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Building Official Chuck Preisler Chuck Preisler was hired by the City of Hugo as the new Building Inspector on November 29, 2004 and was promoted to Building Official when John Benson retired in April 2010. Adoption of the Consent Agenda approved the annual performance review for Building Official Chuck Preisler. Hugo City Council Meeting Minutes for November 7, 2011 Page 3 of 8 Approve City Administrator Separation Agreement and Receive and Accept Letter of Resignation After more than eleven years with the City of Hugo, City Administrator Mike Ericson announced he will resign his position on the second Council meeting of the month on November 21, 2011. Adoption of the Consent Agenda approved the letter of resignation and approved the separation agreement. Approve Employment Contract and Appointment of Bryan Bear as City Administrator Following receipt of the resignation letter from City Administrator Mike Ericson and consistent with the separation agreement, Mayor Fran Miron contacted Community Development Director Bryan Bear to gauge his interest in as serving as City Administrator. Bryan agreed to accept the position subject to approval of an employment contract with the City and also agreed to continue to perform the duties of Community Development Director. Mayor Miron is confident in Bryan's ability to perform as City Administrator, and appointing him at this time will avoid the costly search process. Adoption of the Consent Agenda approved the employment agreement with Bryan Bear and appointed him as City Administrator, becoming effective at the end of the day on November 21, 2011. Approve Final Pay Request from Northdale Construction for Watermain Extension Proiect The City of Hugo has received the Final Pay Request from Northdale Construction for construction of the Well No, 6 Watermain Extension 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 approved the Final Pay Request from Northdale Construction in the amount of $4,349.71 for work completed to date on the Well No. 6 Watermain on the Extension Project. Approve Application from Thomas I Roy for Senior Deferral for Oak Shore Park Street and Utility Proiect On October 20, 2011, the Finance Department received an Application for Deferment of Special Assessments signed by Thomas J. Roy at 12675 Ethan Avenue North. He is requesting that the assessment for the Oak Shore Park Street and Utility Project be deferred as per the terms of the approved Assessment Policy. Adoption of the Consent Agenda approved the Application for Deferment of Special Assessment for Thomas J. Roy. Approve Application from Donald I Schoeller for Deferral for South Ethan Avenue Street and Utility Proiect On October 30, 2011, the Finance Department received an Application for Deferment of Special Assessments signed by Donald J. Schoeller at 12329 Ethan Avenue North. He is requesting that the assessment for the South Ethan Avenue Street and Utility Project be deferred as per the terms of the approved Assessment Policy. Adoption of the Consent Agenda approved the Application for Deferment of Special Assessment for Donald J. Schoeller. Hugo City Council Meeting Minutes for November 7, 2011 Page 4 of 8 Approve Lawful Gambling Permit from the Hugo Business Association for the Warm Hearts for Charity Event on January 21, 2012 The Hugo Business Association has applied for a lawful gambling permit for exempt gambling to hold raffles during their annual Warm Hearts for Charity event scheduled for January 21, 2012. Adoption of the Consent Agenda approved the application for the exempt permit for the Hugo Lions to allow gambling at the Warm Hearts for Charity event to be held on Saturday, January 21, 2012. Approve Minor Subdivision for Bergman Family on 1701h Street Gary and Barb Bergman, 6524 170th Street North, applied for a minor subdivision of a 20 -acre parcel into two 10 -acre parcels. At its October 13, 2011 meeting, the Planning Commission considered the request during a public hearing. Staff finds that the request meets all the items required for a minor subdivision and recommended the Planning Commission approve the minor subdivision subject to the conditions listed in the drafted resolution. There was no one that spoke at the Planning Commission public hearing, and the Commission unanimously recommended approval of the minor subdivision to the City Council. Adoption of the Consent Agenda approved RESOLUTION 2011- 36 APPROVING A MINOR SUBDIVISION FOR GREG AND BARB BERGMAN FOR 6524 170TH STREET. Approve Variance for Blomquist for Side Yard Setback at 15850 Finley Avenue North The Blomquist family, 15850 Finley Avenue North, applied for a setback variance to allow a deck to be five feet from the side property line, where ten feet is required by ordinance. At its October 13, 2011 meeting, the Board considered the request during a public hearing. Staff finds that the request meets the requirements necessary to approve a variance. There was no one that spoke on the request at the public hearing except the applicant, and the Board recommended approval of the variance to the City Council. Adoption of the Consent Agenda approved RESOLUTION 2011-37 APPROVING A VARIANCE TO ALLOW A DECK TO BE 5 FEET FROM THE SIDE PROPERTY LINE FOR THE PROPERTY LOCATED AT 15850 FINLEY AVENUE NORTH. Approve Authorization for Planning Commission to Consider Amendments to the Parking Ordinance Over the past few years, staff has been working with the Ordinance Review Committee (ORC) on ordinance updates. Most recently, the ORC worked on the zoning revisions to be consistent with the 2030 Comprehensive Plan. There are still several ordinances that staff and the ORC would like updated because they are either out of date, contradict another ordinance within the City Code, or have the potential to cause problems. Adoption of the Consent Agenda approved authorization for staff and Planning Commission to work with the ORC on revisions to the performance standards for Parking and Loading. Hugo City Council Meeting Minutes for November 7, 2011 Page 5 of 8 Approve Amendment to the Zoning Districts for Accessory Dwelling Units At its September 22, 2011 meeting, the Planning Commission considered the accessory dwelling units definition and ordinance during a public hearing. The Planning Commission unanimously made a recommendation to the City Council to approve the definition and ordinance. Accessory dwelling units were proposed to be allowed as an accessory use in the Agricultural, Long Term Agricultural, Rural Residential, and Future Urban Service zoning districts. This consideration is simply to amend these zoning districts regulations to allow accessory dwelling units as an accessory use. At its October 13, 2011 meeting, the Planning Commission considered the text amendments during a public hearing. There was no one that spoke at the public hearing. The Planning Commission unanimously recommended approval of the text amendments to the City Council. Adoption of the Consent Agenda approved ORDINANCE 2011-460 AMENDING CHAPTER 90, ARTICLE IV, SECTIONS 90-93, 90-94, 90-95, 90-109 TO ADD ACCESSORY DWELLING UNIT AS AN ACEESSORY USE. Approve Annual Snowmobile Trail Application for the Hugo Snowmobile Club Each year, the Hugo Snowmobile Club submits its trail application to the City for the purpose of providing public recreational snowmobile trails during the winter. The application is for the public trails outside of the popular Hardwood Creek Trail. City staff reviewed the application and found it to be satisfactorily complete along with a copy of the insurance. Adoption of the Consent Agenda approved the 2011-2012 annual trail application from the Hugo Snowmobile Club. Approve Annual Snowmobile Trail Application for the Rice Creek Trail Association Each year, the Rice Creek Trail Snowmobile Club submits its trail application to the City for the purpose of providing public recreational snowmobile trails during the winter. The application is for the public trail outlined on the trail map. City staff reviewed the application and found it to be satisfactorily complete along with a copy of the insurance. Adoption of the Consent Agenda approved the 2011-2012 annual trail application from the Rice Creek Trail Snowmobile Club. Public Hearing on Lake Air/Bald Eagle Estates Street Improvement Proiect In the spring of 2011, the City of Hugo held neighborhood meetings with residents living in the Lake Air/Bald Eagle Estates neighborhoods who were seeking support from Council for a street improvement project. At their July 18, 2011 meeting, after several meetings and support from the residents, the City Council ordered the preparation of a Feasibility Study for a roadway and drainage improvements. At its October 3, 2011 meeting, the City Council scheduled a public hearing to consider the project. City Engineer Jay Kennedy explained the project is to reconstruct the roadways with minimal drainage improvements and minor sanitary sewer repairs as necessary. Streets in the Bald Eagle Estates neighborhood will be improved to the urban road standards with curb and gutter, and the streets in the Lake Air neighborhood will be rural. The cost of the project will be $879,800 and will be paid for by assessments, City CIP fund, and potential grant funding. Costs to be assessed are $4,100 per unit for Bald Eagle Estates, $3,400 per unit for Lake Air Estates, and $76.88 per front footage for the single family residential townhomes. Mayor Fran Miron opened the public hearing and only one resident spoke. Hugo City Council Meeting Minutes for November 7, 2011 Page 6 of 8 Mike Proulex, 5043 124th Street Court North, said he was speaking on behalf of the group, and he shared his appreciation for the work of the City in developing an agreeable solution. Mike thanked the Council and staff. There were no other comments, and the Mayor closed the public hearing. Weidt made motion, Petryk seconded, to approve RESOLUTION 2011— 38 ORDERING IMPROVEMENT AND ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PROPOSED LAKE AIR ESTATES/BALD EAGLE ESTATES ROADWAY AND DRAINAGE IMPROVEMENTS INCLUDING 124TH STREET N., 124TH STREET COURT N., 124TH STREET CIRCLE N., EUROPA AVENUE, FALCON AVENUE, FALCON COURT N., GALLIVAN COURT N., AND 126TH STREET N. Ayes: Weidt, Haas, Petryk, Klein, Miron Nays: None Motion carried. The City Engineer explained an open house will be held in January or February of 2012 for the public to inspect the plans, and construction of the project will begin in Spring 2012. Approve Rescheduling of I-35 W/E Coalition Meeting At its September 6, 2011 meeting, City Council scheduled the I-35 W/E Coalition meeting for Thursday, November 10, 2011. City staff has contacted members of the coalition who have indicated they are unavailable for the meeting on that date. Miron made motion, Haas seconded, to reschedule the I-35 W/E Coalition meeting for Jaunary 19, 2012 at 7:00 p.m. at Hugo City Hall. All Ayes. Motion carried. Schedule City Volunteers Holiday Party for Thursday, December 22, 2011 at the Hugo American Legion Annually, the City of Hugo holds its holiday party at which commission members and volunteers are recognized by the City of Hugo for their contributions to the City. Staff has contacted the Hugo American Legion and has been successful in scheduling Thursday, December 22, 2011 for the Holiday Party. Klein made motion, Haas seconded, to schedule Thursday, December 22, 2011 for the City of Hugo's annual Holiday party for its commission members and volunteers. All Ayes. Motion carried. Hugo City Council Meeting Minutes for November 7, 2011 Page 7 of 8 Report on Assessment Agreement for Demolition of Ricci's Building This item was tabled at the October 17, 2011 City Council meeting in order to allow Central Bank an opportunity to demolish the building without assessments from the City. Community Development Director Bryan Bear explained the bank has completed the permitting process with the Minnesota Pollution Control Agency, and there is a 10 -day waiting period. The City expects to demolition permit to be issued within the next week. No action was taken. Schedule Interviews for Vacancies on the Planning Commission, Parks and Recreation Commission and Board of Zoning Appeals and Adjustments City staff has received applications for vacancies on the Planning Commission, Parks and Recreation Commission and the Board of Zoning Appeals and Adjustments for the past few months. Staff requested direction from Council as to scheduling interviews for the vacancies on those Commissions. Petryk made motion, Haas seconded, to schedule the interviews for the vacancies on the Planning Commission, Parks and Recreation Commission and the Board of Zoning Appeals and Adjustments for Tuesday, November 22, 2011 at 7:00 p.m. All Ayes. Motion carried. Update on the Yellow Ribbon Network Council Member Chuck Haas and Council Member Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. Haas thanked the HBA for sponsoring the last hamburger night. He explained the Boss Lift program which encourages the hiring of members of the National Guard. Hugo Yellow Ribbon had applied for the Homeward Deployed Award and received the Honorable Mention. He talked about the care packaging event where 140 packages were sent to Afghanistan, Kuwait, and other operating bases. The 834 Army Battalion has selected the Hugo American Legion for an event; the Legion waived the fee, and the Legion Auxiliary will be providing the desserts. The Legion also came forward by providing a veteran with a wheelchair. Haas talked about the Home Depot Foundation where the Home Depot provides money to renovate and repair veteran's houses. Update on Changes to Charitable Gambling Legislation Council Member Haas added this item to the agenda to provide an update on the Charitable Gambling Legislation. In 2009, legislation was approved to remove the requirement for local approval on premis permits on an annual basis. With this no longer a part of the gambling process, cities are concerned that gambling organizations will be more apt to ignore local regulations if they do not need the city's approval for the renewal of the state -issued premise permit. Draft legislation is now being proposed to require local approved for premise permits be done on an annual basis. Council Member Haas will keep the Council updated on this matter. Hugo City Council Meeting Minutes for November 7, 2011 Page 8 of 8 Report on Fearless Firefighter Fun Run on Saturday, October 29, 2011 The Hugo Fireflies held their first annual Fearless Firefighter Fun Run on Saturday, October 29, 2011. There were 61 participants who ran in the 5K event and 16 children who participated in the '/2 mile Trick or Treat Dash. The event raised $900 which will to go towards a community car seat clinic for Hugo residents to be held sometime next year. The Hugo Fireflies plan on holding the event next year as part of the Hugo Fire Department Open House. National Emergency Alert System Test on November 9, 2011 Staff informed Council and residents that testing will occur on the National Emergency Alert System (EAS) on November 9, 2011 at 2 p.m. EAS provides local and regional emergency and law enforcement bulletins to those watching TV. City Administrator Mike Ericson explained that it is the first time the EAS has been tested on a national scale. This test will cause a significant interruption of the regular scheduled television programming and will continue for about three minutes. Adjournment Weidt made motion, Petryk seconded, to adjourn at 7:54 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk