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HomeMy WebLinkAbout2011.12.19 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MONDAY, DECEMBER 19, 2011 Mayor Fran Miron called the meeting to order at 7:05 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Planner Rachel Juba, Parks Planner Shayla Syverson, and City Clerk Michele Lindau Approval of Minutes for the October 17, 2011 Executive Session Weidt made motion, Klein seconded, to approve the minutes for the October 17, 2011 Executive Session as presented. All Ayes. Motion carried. Approval of Minutes for the October 18, 2011 City Council Meeting Weidt made motion, Petryk seconded, to approve the minutes for the October 18, 2011 City Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the October 18, 2011 Executive Session Weidt made motion, Petryk seconded, to approve the minutes for the October 18, 2011 Executive Session as presented. All Ayes. Motion carried. Approval of Minutes for the December 5, 2011 Council Meeting Klein made motion, Weidt seconded, to approve the minutes for the December 5, 2011 City Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the December 6, 2011 Commission Interviews Weidt made motion, Klein seconded, to approve the minutes for the December 6, 2011 Commission Interviews as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approve the agenda as published. All Ayes. Motion carried. Hugo City Council Meeting Minutes for December 19, 2011 Page 2 of 10 Approval of the Consent Agenda Weidt made motion, Petryk seconded, to approve the following Consent Agenda items: Approval of Claims Approve Resolution for Renewal of 2012 Liquor Licenses and Related Licenses Approve 2012 Licenses for Refuse Haulers Approve Ordinance Establishing 2012 City Fee Schedule Approve Resolution Certifying Delinquent Utility Accounts Approve Renewal of Terms for Parks Commissioner Kris Birch Approve Resignation of Parks Commissioner Noel Schmidt Approve Appointment of Joan Benner and Chris Boland to the Parks Commission Approve Renewal of Term for Planning Commissioner Ron McRoberts Approve Appointment of Chantell Knauss to the Planning Commission Approve Appointment of Chris Boland as the Resident Member on the Board of Zoning Appeals and Adjustments Approve Appointment of Rick Gwynn as the Planning Commission Representative on the Board of Zoning Appeals and Adjustments Approve Renewal of Term for Tom Weidt as the City Council Representative on the Board of Zoning Appeals and Adjustments Approve Renewal of Terms for Economic Development Authority for Fran Miron and Phil Klein Approve Renewal of Terms for Historical Commissioners Kitty Cheesebrow and Kathy Brevig Approve Bryan Hamilton, Nickolas Young, and Jimmy Roettger as Regular Firefighters on the Hugo Fire Department Cancel January 2, 2012 City Council Meeting Due to the New Year Holiday Approve Annual Performance Review for Building Inspector Scott Baller Approve Annual Performance Review for Planner Rachel Juba Approve Annual Performance Review for PW Worker Ryan McCullough Approve April 19, 2012 as Annual Board of Appeal & Equalization Meeting Approve Release of Letter of Credit for Victor Gardens North Village 2nd Addition Approve Implementation of GASB Statement No. 54 All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Hugo City Council Meeting Minutes for December 19, 2011 Page 3 of 10 Approve Resolution for Renewal of 2012 Liquor Licenses and Related Licenses Each year, the City Clerk's office prepares application packets for businesses seeking the renewal of liquor licenses, tobacco licenses and game licenses. Staff has prepared the annual renewal list, which includes certificates of liability insurance, payment of all required fees and taxes, and completion of application materials. Adoption of the Consent Agenda approved RESOLUTION 2011- 44 APPROVING 2012 LIQUOR LICENSES & RELATED LICENSES. Approve 2012 Licenses for Refuse Haulers The City has seven refuse haulers who provide refuse collection and recycling services. Licenses will be issued to these haulers upon receipt of the $165 annual licensing fee and proof of insurance. City staff recommended Council approve the resolution issuing 2012 refuse haulers licenses to: Gene's Disposal; SRC, Inc,; Maroney's Sanitation; Ace Solid Waste; Walters Recycling and Refuse; Allied Waste Services/BFI; and MN Waste Management. Adoption of the Consent Agenda approved RESOLUTION 2011-45 APPROVING 2012 REFUSE HAULERS LICENSES. Approve Ordinance Establishing 2012 City Fee Schedule Each year in December, Council, upon recommendation from the Finance Department, adopts a new fee schedule that incorporates any necessary adjustment in fees for the upcoming year. Finance Director Ron Otkin worked with City staff to make adjustments to the 2012 City fee schedule. Adoption of the Consent Agenda approved ORDINANCE 2011-461 APPROVING 2012 FEES, RATES AND CHARGES. Approve Resolution Certifying Delinquent Utility Accounts Annually, the Finance Department reviews all delinquent utility bills, which are the result of nonpayment or underpayment of water and sewer utility bills. In accordance with City ordinance, Council is required to adopt a resolution to certify delinquent utility bills to the property tax rolls. Property owners who have not paid their outstanding utility bill will have it certified to the property tax rolls. Adoption of the Consent Agenda approved RESOLUTION 2011-46 Declaring Unpaid Utility Bills Be Placed on the Tax Rolls. Approve Renewal of Terms for Parks Commissioner Kris Birch Staff has contacted Parks Commissioner Kris Birch regarding the expiration of his term as a Commissioner at the end of this year. Kris has indicated his desire to be reappointed to the Parks Commission for another three year term. Adoption of the Consent Agenda approved the renewal of Commissioner Kris Birch for another three-year term on the Parks Commission to expire December 31, 2014. Approve Resignation of Parks Commissioner Noel Schmidt Parks Commissioner Noel Schmidt's term as a commissioner is set to expire at the end of this year. Noel is not seeking reappointment but would like to remain involved in parks and recreation in the City of Hugo. Adoption of the Consent Agenda approved the resignation of Parks Commissioner Noel Schmidt. Hugo City Council Meeting Minutes for December 19, 2011 Page 4 of 10 Approve Appointment of Joan Benner and Chris Boland to the Parks Commission On December 6, 2011, the City Council held interviews for vacancies on the Parks Commission as well as the Planning Commission and Board of Zoning. The vacancies on the Parks Commission were created by the resignations of Derek Larsen and Noel Schmidt. There were a total of four applicants who were interviewed for these positions. After discussion, Council agreed to appoint Joan Benner and Chris Boland as members of the Parks and Recreation Commission. Adoption of the Consent Agenda approved the appointment of Joan Benner and Chris Boland to the Parks and Recreation Commission for a term of three years to expire on December 31, 2014. Approve Renewal of Term for Planning Commissioner Ron McRoberts Staff has contacted Planning Commission Member Ron McRoberts regarding the expiration of his term as a Commissioner at the end of this year. Ron has indicated his desire to be reappointed to the Planning Commission for another four-year term. Adoption of the Consent Agenda approved the renewal of Commissioner Ron McRoberts for another four-year term on the Planning Commission to expire December 31, 2015. Approve Appointment of Chantell Knauss to the Planning Commission On December 6, 2011, the City Council held interviews for the vacancy on the Planning Commission as well as Parks Commission and Board of Zoning. The vacancy on the Planning Commission was created by the resignation of Commissioner Dave Schumann. There were a total four applicants who were interviewed for these positions. After discussion, Council agreed to appoint Chantell Knauss as a member of the Planning Commission. Adoption of the Consent Agenda approved the appointment of Chantell Knauss as a Commissioner on the Planning Commission to serve the remainder of the term, which is set to expire December 31, 2014. Approve Appointment of Chris Boland as the Resident Member on the Board of Zoning Appeals and Adiustments On December 6, 2011, the City Council held interviews for the vacancy on the Board of Zoning Appeals and Adjustments as well as Parks Commission and Planning Commission. The vacancy on the Board of Adjustments was created by the resignation of Board Member Frank Puleo. There were a total four applicants who were interviewed for these positions. Adoption of the Consent Agenda approved the appointment of Chris Boland as a member of the Board of Zoning Appeals and Adjustments for a term of one year. Approve Appointment of Rick Gwynn as the Planning Commission Representative on the Board of Zoning Appeals and Adiustments At its December 6, 2011 meeting, the Council discussed the Board of Zoning Appeals and Adjustments, which consist of one Planning Commission member, one City Council member, and one other resident of the City to be appointed annually. After discussion, Council agreed to appoint Rick Gwynn as the Planning Commission member to serve on the Board filling the vacancy left following the resignation of Dave Schumann. Adoption of the Consent Agenda approved appointment of Rick Gwynn to the Board of Zoning Appeals and Adjustments for a term of one year. Hugo City Council Meeting Minutes for December 19, 2011 Page 5 of 10 Approve Renewal of Term for Tom Weidt as the City Council Representative on the Board of Zoning Appeals and Adiustments Annually, the Hugo City Council appoints a member of the Planning Commission, City Council, and a resident to serve on the Board of Zoning Appeals and Adjustments. Tom Weidt has agreed to serve another year on the Board as the City Council Representative. Adoption of the Consent Agenda approved renewal of Tom Weidt as the City Council representative to serve on the Board of Zoning Appeals and Adjustments for another one-year term. Approve Renewal of Terms for Economic Development Authority for Fran Miron and Phil Klein Annually, the Council appoints the president of the EDA and the Council representative to serve on the EDA. Mayor Fran Miron and Council Member Phil Klein are currently serving in these positions respectively, and both have agreed to serve another one-year term. Adoption of the Consent Agenda approved the renewal of Mayor Miron to serve as president and Council Member Klein to serve as the Council representative on the EDA for another one-year term. Approve Renewal of Terms for Historical Commissioners Kitty Cheesebrow and Kathy Brevig As Council is aware, the terms of Historical Commissioners Kitty Cheesebrow and Kathy Brevig expire at the end of this year. Both Kitty and Kathy have indicated a desire to serve another term on the Historical Commission. Adoption of the Consent Agenda approved the reappointment of Kitty Cheesebrow and Kathy Brevig to the Historical Commission for another three-year term to expire December 31, 2014. Approve Bryan Hamilton, Nickolas Young, and Jimmy Roettger as Regular Firefighters on the Hugo Fire Department In November, 2009, Bryan Hamilton, Nickolas Young, and Jimmy Roettger were hired as probationary firefighters on the Hugo Fire Department. Since then, all three have completed the necessary education and training for appointment as regular firefighters on the department. Adoption of the Consent Agenda approved the appointment of Bryan Hamilton, Nickolas Young, and Jimmy Roettger as regular firefighters on the Hugo Fire Department. Cancel January 2, 2012 City Council Meeting Due to the New Year Holiday This year, the New Year Holiday is on Sunday and observed on Monday, January 2, which would be the regular scheduled meeting of the Hugo City Council. Staff has discussed upcoming agenda items and finds there are none for that meeting except miscellaneous appointments, which can be done at the second meeting of the month. Adoption of the Consent Agenda approved canceling of their first meeting of the month on January 2, 2012. Approve Annual Performance Review for Building Inspector Scott Baller Scott Baller was hired by the City as one of its new building inspectors on January 1, 2006. Over the past six years, Scott has completed building inspector duties as well as provided coverage for the front counter. Adoption of the Consent Agenda approved the annual performance review for Building Inspector Scott Baller. Hugo City Council Meeting Minutes for December 19, 2011 Page 6 of 10 Approve Annual Performance Review for Planner Rachel Juba Rachel Juba was hired as the City's new Associate Planner on January 2, 2007 and promoted to Planner in 2010. Over the past five years, Rachel has worked in the Community Development Department and provides support for the Economic Development Authority and Planning Commission. Adoption of the Consent Agenda approved the annual performance review for Planner Rachel Juba. Approve Annual Performance Review for PW Worker Ryan McCullough Ryan McCullough was hired on January 2, 2007 as the City of Hugo's new Public Works Maintenance Worker. Ryan has worked over the past five years in a wide variety of the duties completed by the Public Works Department including snowplowing, landscape maintenance, sewer work, and water work. Adoption of the Consent Agenda approved the annual performance review for Public Works Maintenance Worker Ryan McCullough. Approve April 19, 2012 as Annual Board of Appeal & Equalization Meeting Each year, Council meets as the Board of Appeal and Equalization with the sole purpose of providing Hugo residents and business owners an opportunity to appear personally in front of the Board to discuss their property market valuations. Washington County Assessor Bruce Munneke has selected Thursday, April 19, 2012 from 5:30 to 7:00 p.m. as the date and time on which to hold the meeting Adoption of the Consent Agenda approved April 19, 2012 at 5:30 pm as the City's annual Board of Appeal and Equalization meeting Approve Release of Letter of Credit for Victor Gardens North Village 2nd Addition City staff has received a request from Rottlund Homes to release the letter of credit being held by the City for Victor Gardens North Village 2nd Addition. Senior Engineering Technician Steve Duff has reviewed the work completed on site and has determined that the project is complete to City specifications. All punch list items have been completed and the one-year warranty period has expired. Adoption of the Consent Agenda approved the release of the letter of credit for Victor Gardens North Village 2nd Addition. Approve Implementation of GASB Statement No. 54 The Governmental Accounting Standards Board (GASB) requires that each fund balance be designated as nonspendable, restricted, committed, assigned or unassigned. A fund balance can only be designated as "committed" by the City Council. The City of Hugo currently has two funds, the Special Parks Fund and the Compensated Absences Sinking Fund, that require this designation. As per the GASB Statement 54, the balances of the remaining funds may be designated by staff selected by the City Council. City staff recommended Council approve the resolution committing specific fund balances and their corresponding sources of revenue and authorize the Finance Director and City Administrator to establish assignment of the remaining fund balances. Adoption of the Consent Agenda approved RESOLUTION 2011-47 RESOLUTION COMMITTING SPECIFIC FUND BALANCES AND REVENUE SOURCES AND AUTHORIZING THE FINANCE DIRECTOR AND CITY ADMINISTRATOR TO ESTABLISH ASSIGNMENT OF FUND BALANCES. Hugo City Council Meeting Minutes for December 19, 2011 Page 7 of 10 Approve Proposal to Update the Alternative Urban Areawide Review for Everton Avenue In January, 2002, the Council adopted the Everton Avenue Neighborhood Final Alternative Urban Areawide Review (AUAR) as part of the Everton Avenue Neighborhood Study. Minnesota Rules 4410.3610, Subd. 7, requires the document to be reviewed and updated every five years until all development in the study area has received final approval. The AUAR was updated in the spring of 2007 and will now expire in January 2012. If the AUAR expires, any development within the AUAR area that requires an environmental review will need to complete a separate Environmental Assessment Worksheet. City Engineer Jay Kennedy showed on a map the parcels left to develop within the Everton Avenue Neighborhood Study Area saying approximately 2/3 of the area is left for development. Mayor Fran Miron removed this from the Consent Agenda to discuss the five year review requirement and expenses incurred by all the agencies involved in the review and update of this AUAR. Taxpayer dollars are being spent on reviewing an area, which may go undeveloped for some time, and a document that will not change. City Engineer Jay Kennedy explained the City's Finance Department was keeping track of the cost and it will be recovered when the properties are developed. Miron made motion, Haas seconded, to approve the proposal from WSB Engineering to update the AUAR. All Ayes. Motion carried. Haas made motion, Klein seconded, to direct staff to send a letter to the legislative delegation explaining the situation and concern the City has over the use of taxpayer dollars, and to ask for suggestions to resolve it. All Ayes. Motion carried. Approval of Charitable Gambling Policy At its December 5, 2011 meeting, Council discussed how proceeds from charitable gambling were being dispersed by organizations that are based outside of the City of Hugo but conduct gambling at an establishment in Hugo. Specifically discussed was the Centennial Hockey Association who operates pull tabs and bingo at the Blue Heron Grill, and the Bayport Legion who operates the same at Sal's Angus Grill. It was noted by Council that proceeds from these gambling organizations are being spent outside of the City of Hugo. Owner of Sal's Angus Grill Jeff Fusco and owner of the Blue Heron Chad Wagner had stated they were unaware that donation requests from Hugo organizations were not being addressed by the gambling associations. As directed by Council, staff worked with Council Member Chuck Haas to develop this policy and provided it to Chad Wagner and Jeff Fusco for review. Mayor Miron stated this was a policy, not an ordinance, and the organizations were now aware of the wishes of the Council, which was to have at least 15% of the proceeds from Hugo establishments be spent to directly benefit Hugo. Haas made motion, Weidt seconded, to approve the Charitable Gambling Policy as drafted. All Ayes. Motion carried. Hugo City Council Meeting Minutes for December 19, 2011 Page 8 of 10 Update on Parks Commission At their November 9 and December 11, 2011 meetings, the Parks, Recreation and Open Space Commission discussed recreation programming for 2012. Parks Planner Shayla Syverson explained that over the past several years, the Parks Commission has been building partnerships with several organizations to expand recreation opportunities for Hugo residents such as the White Bear Lake Soccer Club, Hugo Lions Club, and the Hugo Fireflies. The Parks Commission is recommending several programs to be continued in 2012 as well as the addition of fitness classes, geocaching activities, and roving recreation programs in the neighborhood parks. Upcoming events include Movie Nights and Snow Jam at the Oneka Elementary School and the Sledding Parry in February at Oakshore Park. No formal action was taken. Update on Livable Communities Demonstration Account (LCDA) Grant At its July 18, 2011 meeting, the Council approved the application for grant funds available through the Metropolitan Council's Livable Communities Demonstration Account (LCDA) for redevelopment projects. Staff worked with Pete Sampair, owner of property on the southwest corner of 145th Street North and T.H. 61, on this grant to assist in the planning for the redevelopment of the property. At its December 14, 2011 meeting, the Met Council approved the LCDA Grant. Planner Rachel Juba explained this grant will support activities that lay the groundwork for successful development implementation such as survey work, soil borings, preliminary stormwater design, and updating of the Market Study. City Administrator Bryan Bear explained this was a matching grant, and Sampair would pay the City's portion, not the City. If it goes well, another grant could be applied for to assist in the development work. Staff will be working with the Metropolitan Council and Pete Sampair in January, 2012 on the next steps in this process. No formal action was taken. Approve Molitor Preliminary Plat, Final Plat, Conditional Use Permit, and Sketch Plan for Xcel Energy Xcel Energy has applied for approval of a preliminary plat, final plat, Conditional Use Permit (CUP) and sketch plan for an electric/gas training center to be located at 13676 Fenway Boulevard North. The request includes the platting of a 68 acre piece of property into 1 lot (12.5 acres) and 2 outlots (8.3 acres and 47.2 acres) to be known as Molitor Addition. The proposed 8.3 acre parcel would be dedicated to the City and could be part of the Clearwater Creek Preserve Park. The applicant is proposing to build a 50,000 square foot Xcel Energy training center with associated outdoor electric and gas training on the 12.5 acre lot. The outdoor storage and training area is proposed to be larger than the building footprint; therefore, requires approval of a CUP. At its December 8, 2011 meeting, the Planning Commission considered Xcel Energy's request and unanimously recommended approval to the Council. Planner Rachel Juba presented the application to the City Council. Xcel Community Relations Manager John Wertisch, other Xcel representatives, and property owner Bruce Molitor were available to answer questions. The Council seemed pleased with the plan, and had questions regarding Outlot B located on the south portion of the parcel, which Council felt was a good buffer between the training center and the townhome development to the south. Council questioned whether a trail connection to Clearwater Creek Park Preserve through that outlot would affect Xcel's plans. Planner Rachel Juba stated there would be security fencing around the entire training center to keep it separate from this outlot. Also discussed was the deferred assessment on the Molitor property, which will be collected at the time the final plat is recorded. Hugo City Council Meeting Minutes for December 19, 2011 Page 9 of 10 Weidt made motion, Petryk seconded, to approve RESOLUTION 2011-48 APPROVING A PRELIMINARY PLAT FOR XCEL ENERGY INC. FOR "MOLITOR ADDITION" LOCATED SOUTH OF 140TH STREET AND WEST OF FENWAY BOULEVARD NORTH. Ayes: Petryk, Weidt, Haas, Klein, Miron Nays: None Motion carried. Weidt made motion, Petryk seconded, to approve RESOLUTION 2011-49 APPROVING A FINAL PLAT FOR XCEL ENERGY INC. FOR "MOLITOR ADDITION" LOCATED SOUTH OF 140' STREET AND WEST OF FENWAY BOULEVARD NORTH. Ayes: Weidt, Haas, Klein, Petryk, Miron Nays: None Motion carried. Weidt made motion, Petryk seconded, to approve RESOLUTION 2011-50 APPROVING A CONDITIONAL USE PERMIT FOR XCEL ENERGY INC. TO ALLOW AN OUTDOOR STORAGE AND TRAINING AREA USE ON THE PROPERTY LOCATED SOUTH OF 140TH STREET AND WEST OF FENWAY BOULEVARD NORTH.\ Ayes: Haas, Klein, Petryk, Weidt, Miron Nays: None Motion carried. Discussion Regarding Traffic Signal at TH 61/140th Street North City staff has received questions and comments regarding the traffic signal at TH 61/140th Street. Specifically, the signal is designed to allow left turns under a protected (left arrow only) situation only. This is different than all of the other signals on TH 61 through the City. City staff has been in contact with MnDOT and Washington County to discuss this issue. City Engineer Jay Kennedy presented this issue for discussion with the City Council. He explained the signal could be modified; the north and south bound signals could be converted to protective/permissive, which would allow a left turn on a solid green. Washington County has a signal head they would give to the City, MnDot agreed to reprogram it, and it would be the City's responsibility to pay for the install including electric work. If the City agreed to do this, it would take 3-4 weeks to complete it. Miron made motion, Haas seconded, to direct staff to work with all the agencies involved to change the lights at the intersection of TH61 and 140th Street North to make it consistent with other traffic signals in the City. All Ayes. Motion carried. Hugo City Council Meeting Minutes for December 19, 2011 Page 10 of 10 Update on Yellow Ribbon Network Council Member Chuck Haas and Council Member Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. Council Member Haas stated the Americinn had another 100+ packages to ship to the soldiers stationed overseas; the Department of Defense will be presenting another Seven Seals Award; many volunteers stepped up to assist a MN National Guard mom and her new baby; and Chad Wagner, owner of the Blue Heron Grill, has offered to donate a free meal each month to a deployed military member's family. Council Member Klein reminded everyone of Hamburger Night on Wednesday, December 28, 2011. Reschedule Second Meeting in January Due to the Dr. Martin Luther King Holiday on Monday, January 16, 2012 and Schedule Date for Annual City Council Goal Setting Session Annually, the Hugo City Council needs to reschedule its second meeting in January due to the Martin Luther King Holiday. Also, the City Council schedules a Goal Setting Session for sometime in January at which it sets the City's annual focus goals with participation from City staff and City Commissions who have prepared their annual commission goals. Weidt made motion, Petryk seconded, to schedule the Annual Goal Setting Session for Tuesday, January 17, 2012 at 7:00 p.m., and reschedule the January Council meeting for Monday, January 23, 2012 at 7:00 p.m. All Ayes. Motion carried. Adjournment Haas made motion, Weidt seconded, to adjourn at 8:30 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk