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HomeMy WebLinkAbout2010.04.05 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY, APRIL 5, 2010 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 Mike Ericson, Community Development Director Bryan Bear, City Attorney Dave Snyder, Community Development Assistant Dennis Fields, Economic Development/Parks and Recreation Intern Shayla Syverson, and City Clerk Michele Lindau Approval of Minutes for the City Council Meeting on March 15, 2010 Petryk made motion, Klein seconded, to approve the minutes for the March 15, 2010 Council meeting as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Haas seconded, to approved the agenda as presented. All Ayes. Motion carried. Recognition of Severe Weather Awareness Week in the State of Minnesota April 19-23 and Tornado Drill on April 22, 2010 and CERT Training Discussion Annually, the MN Department of Public Safety, Division of Homeland Security and Emergency Management holds it's Severe Weather Awareness Week campaign. This year, Severe Weather Awareness Week is scheduled for April 19-23 with Tornado Drill Day scheduled for Thursday, April 22. This campaign helps teach Minnesotans about weather hazards and provides resources to minimize the risks associated with severe weather. In memory of the May 25, 2008 tornado that struck Hugo, the Council took a moment to recognize Severe Weather Awareness Week for April 19-23, and specifically the Tornado Drill Day on Thursday, April 22, 2010. Forest Lake Lions Club Member Tom Waldren spoke about the May 25, 2008 tornado and the willingness of the Lions to assist in anyway they could. Tom explained they have since formed the Community Emergency Response Team (CERT), a program that allows the Lions to be trained for disasters. The City of Hugo had been informed that three members of the Hugo Lions have been trained by Centennial Lakes CERT trainer Michelle Lasko, and she has agreed to assist the City in the preparation of a grant, which would be used to offset the training costs. Hugo City Council Minutes for April 5, 2010 Page 2 of 10 Miron made motion, Weidt seconded to direct staff to work with Michelle Lasko and the Lions Club on the CERT program and make application for any grants or funding that may be available to form the City of Hugo's CERT program. All Ayes. Motion carried. Mahtomedi Levy Referendum - Kevin Donovan, Mahtomedi School Board Chair Mahtomedi school district residents will be given an opportunity to vote on a school board levy on Tuesday, April 20, 2010 where it will vote on whether or not to support the sale of bonds to pay for the construction of a new Wildwood Elementary School as well as the repair and maintenance on several school district facilities. Mahtomedi School Board Chair Kevin Donovan had requested an opportunity to present levy referendum information to the Hugo City Council as well as Hugo residents living in the Mahtomedi School District. Mr. Donovan and Board member and Hugo Resident John Belilse addressed the council and highlighted a number of facts about the excellence of the Mahtomedi School District, especially that the high school is recognized in the top 30% of schools nationally. After two years of discussion and public meetings with consultant Johnson Controls, the Board reduced the proposed levy to $45 million from an original request of $62 million. Kevin left information brochures for the public. Mayor Miron encouraged the public to read the information and get educated on the fall levy by going to the Mahtomedi School District's website. Approval of Consent Agenda Haas made motion, Klein seconded, to approve the following Consent Agenda: Approval of Claims Approve Letter of Resignation of Firefighter Russ Frantum Approve Ducks Unlimited Exempt Gambling Permit for Fundraiser at Hugo American Legion on April 23, 2010 Approve Award of Bid for Well No. 6 to E.H. Renner & Sons, Inc. Approve Site Plan for Building Addition for Glamos Wire Approve Special Event Permit for Blacksmith Lounge for 2010 Events Approve Release of Letter of Credit for Frenchman Place First Addition Approve Reinstatement of Kitty Cheesebrow as Chair of Historical Commission Approve Waters Edge Manor HOA Application for Excluded Bingo Permit for an Event on April 30, 2010 Approve Landscape Agreement with Pulte Homes and John Hanson Approve Resolution Adjusting 2010 Salaries All Ayes. Motion carried. Hugo City Council Minutes for April 5, 2010 Page 3 of 10 Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Letter of Resignation of Firefighter Russ Frantum Hugo Firefighter Russ Frantum has submitted his letter of resignation to the City of Hugo. Russ Frantum has been an active and involved firefighter for the past eight years and he is moving out of the City, which requires him to submit his letter of resignation to the City of Hugo. Fire Chief Jim Compton recommended Council accept the letter of resignation from Firefighter Russ Frantum and publicly thank him for his eight years of dedicated service to the citizens of Hugo. Adoption of the Consent Agenda approved the resignation of Hugo Firefighter Russ Frantum Approve Ducks Unlimited Exempt Gambling Permit for Fundraiser at Hugo American Legion on April 23, 2010 The City of Hugo has received an application for a lawful gambling permit from Ducks Unlimited to hold a raffle during its annual fundraiser which will be held this year on Friday, April 23, 2010 at the Hugo American Legion. City staff has reviewed the permit and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling permit for Ducks Unlimited and their annual fundraiser at the Hugo American Legion scheduled for Friday, April 23, 2010. Approve Award of Bid for Well No. 6 to E.H. Renner & Sons, Inc. At its February 1, 2010 meeting, the Hugo City Council authorized staff to solicit bids for the construction of Well No. 6 which will be built on property owned by the City of Hugo on 125th Street, just east of TH61. On March 18, 2010, staff held its bid opening for the project and received a total of three bids. Adoption of the Consent Agenda approved the award of bid for construction of Well No. 6 to E.H. Renner & Sons, Inc. in an amount of $339,460. Approve Site Plan for Building Addition for Glamos Wire The applicant is asking for site plan approval for a 5,685 square foot office addition. The addition will be attached to an existing building at 5564 152nd Street in the Peloquin Industrial Park. The addition includes the demolition of the existing 4,000 square foot office space. The new addition will be placed in approximately the same location as the existing office area, which is at the southwest corner of the building. The warehousing and manufacturing portion of the building will remain, which is 40,000 square feet. At its March 25, 2010 meeting, the Planning Commission considered the site plan application and unanimously recommended approval of the site plan to the City Council. Adoption of the Consent Agenda approved RESOLUTION 2010- 11 APPROVING A SITE PLAN FOR GLAMOS WIRE PRODUCTS IN THE GENERAL INDUSTRIAL ZONING DISTRICT ON PROPERTY LOCATED AT 5564 152' STREET Hugo City Council Minutes for April 5, 2010 Page 4 of 10 Approve Special Event Permit for Blacksmith Lounge for 2010 Events The Blacksmith Lounge Restaurant has submitted a special event permit application and is requesting approval of 12 events hosted on their property between April and October of 2010. The events have been approved by Washington County Sheriff's Department and Hugo Fire Department. Staff believes that the Blacksmith Lounge has done a good job organizing the events in past years. Adoption of the Consent Agenda approved the Special Event Permit for the Blacksmith Lounge. Approve Release of Letter of Credit for Frenchman Place First Addition City staff has received a request from Everton Investments to release their letter of credit for Frenchman Place 15t for street and utility improvements, from Alliance Bank (No. 5986-80), and reconcile any remaining cash escrow held for engineering / project inspection and return any remaining amount. The cash escrow in the amount of $13,791.00 for wetland mitigation shall be held until 2013. Senior Engineering Technician Steve Duff has reviewed the request and made the inspections of the public improvement and found them to be satisfactorily complete. Adoption of the Consent Agenda approved the release of the letter of credit for the Frenchman Place First Addition. Approve Reinstatement of Kitty Cheesebrow as Chair of Historical Commission One year ago, Kitty Cheesebrow submitted a request for a leave of absence from her volunteer work on the Historical Commission where she had served as chair for the past several years. Kitty sited priority for her family obligations which necessitated her taking a leave of absence. City staff recently contacted Kitty Cheesebrow and she is excited to return as a volunteer commission member and chair on the Historical Commission. Adoption of the Consent Agenda approved the reinstatement of Kitty Cheesebrow as a commissioner on the Historical Commission and to further reappoint her as chair of the Historical Commission. Approve Waters Edge Manor HOA Application for Excluded Bingo Permit for an Event on April 30, 2010 Staff has received an application from Waters Edge Manor HOA for a lawful gambling permit to conduct bingo at an event scheduled for April 30, 2010 in the Waters Edge Clubhouse. City staff has reviewed the permit and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling permit for Waters Edge Manor HOA for bingo at their event to be held on April 30, 2010 in the Waters Edge Clubhouse. Approve Landscape Agreement with Pulte Homes and John Hanson The City of Hugo has been working with a representative from Pulte Homes and John Hanson, the developer who recently purchased the Dean Johnson Home lots, which were in foreclosure, in regard to formalizing the landscaping responsibilities for common areas and around building foundations in the Waters Edge Neighborhood. Adoption of the Consent Agenda approved the Hugo City Council Minutes for April 5, 2010 Page 5 of 10 landscape agreement with Pulte Homes and developer John Hanson for the landscaping in the Waters Edge neighborhood. Approve Resolution Adiusting 2010 Salaries Pay equity, or comparable worth, is a standard written into Minnesota State Law that requires cities to develop and administer compensation systems that establish equitable pay relationships between female -dominated and male -dominated job classes. The city filed the required reports to the state in January, 2008; however, it took the state over two years to provide a response. Unfortunately, the City of Hugo's salary matrix did not pass the statistical analysis test. The state set a new deadline of April 12, 2010, for the city to take corrective action and resubmit a report that passes this test. The penalty for failure to do so is $100 per day. The Finance Department has drafted a resolution that adjusts the salaries of four female staff positions that will bring the city into compliance with pay equity statutes. Adoption of the Consent Agenda approved RESOLUTION 2010 -12 ADJUSTING 2010 SALARIES FOR CERTAIN CITY EMPLOYEES TO MEET STATE PAY EQUITY GUIDELINES AND TO RECOGNIZE THE PERFORMANCE OF THE CITY PLANNER. Public Hearing on Right -of -Way and Underground Utilities Ordinance At its February 1, 2010 meeting, Council discussed a proposed Right -of -Way and Underground Utilities Ordinances and directed staff to schedule a public hearing and invite all interested parties and the utility companies to attend the Council meeting and provide public comment. EDA and Parks and Recreation Intern Shayla Severson explained that with the proposed Undergrounding Utilities Ordinance, undergrounding is required for all new facilities and with replacement, relocation or reconstruction of existing facilities. High voltage lines must be approved by City Council, and Council would also have the option of retiring existing overhead lines. Included in the proposed Right -of -Way Ordinance is a requirement for annual registration and permits, and regulations for patching and restoration work done within a right -of way. Mayor Fran Miron opened the public hearing; there were no comments from the public. Weidt made motion, Petryk seconded, to approve ORDINANCE 2010-444 REGULATING UNDERGROUND UTILITIES WITHIN THE CITY OF HUGO, MINNESOTA. Ayes: Petryk, Weidt, Haas, Klein, Miron Nays: None All Ayes. Motion carried. Weidt made motion, Klein seconded, to approve ORDINANCE 2010-445 REGULATING RIGHT-OF-WAYS WITHIN THE CITY OF HUGO, MINNESOTA. Ayes: Weidt, Haas, Klein, Petryk, Miron Nays: None All Ayes. Motion carried Hugo City Council Minutes for April 5, 2010 Page 6 of 10 Discussion on Shooting Ordinance During the March 15th City Council meeting, staff was advised to contact the Washington County Sheriff's Department to see if the ordinance language involving Bald Eagle Lake was enforceable. Council also advised staff to compare state statue language with the City's current and proposed ordinance language. Staff has met with both the sheriff's department and a DNR conservation officer. Community Development Assistant Dennis Fields explained that no changes to the proposed ordinance have been made since the Council discussed it on March 15, 2010. Dennis provided a recap of a meeting he had with a Washington County Deputy who determined the regulations on Bald Eagle Lake would be enforceable. Dennis also met with the MN DNR regarding State Statute and the language in Hugo's ordinance as it applies to the discharge of a firearm or controlled weapons within 500 feet from an occupied dwelling. Dennis presented a map showing three possible scenarios for the 500 foot rule. One would be to follow DNR regulations which do not cross property lines; therefore a person could discharge a firearm or controlled weapon anywhere on their own property. Another option would allow for it only if written permission is granted by the owner of the occupied dwelling within 500 feet, and lastly, to prohibit the discharge of firearm or controlled weapon anywhere within 500 feet of a building, which is the language presented in the proposed ordinance. Council had extensive discussion on the proposed ordinance with many questions. Miron made motion, Petryk seconded, to direct staff to hold a public hearing on the ordinance with the language regarding the 500 foot rule as currently proposed. Ayes: Petryk, Weidt, Miron Nays: Haas, Klein Motion carried. Petryk made motion, Klein seconded, to revise the language in the draft ordinance to only allow archery hunting in Clearwater Creek Preserve until the end of the archery season instead of until December 31St All Ayes. Motion carried. Discussion on Charitable Gambling Ordinance At it's December 7, 2009 meeting, the Hugo City Council discussed issues related to charitable gambling in the City of Hugo and whether the City of Hugo should consider adopting an ordinance to ensure that charitable gambling proceeds are spent within the City of Hugo's trade area. After discussion, Council directed staff to prepare a draft charitable gambling ordinance which would regulate how the City's charitable organizations spend their proceeds. At its March 15, 2010 meeting, Council discussed a draft ordinance and directed staff to send all gambling organizations a copy of the proposed gambling ordinance and invite them to attend this meeting. Councilmember Haas provided a recap on the legislation last spring that took the cities out of the process of renewing premise permits. City Clerk Michele Lindau provided a brief overview of what was included in the draft ordinance. Major points of discussion were the requirement of gambling organizations to donate 10 percent of their net profits to a City fund, and the Hugo City Council Minutes for April 5, 2010 Page 7 of 10 requirement to spend 70 percent of their net profits in the Hugo trade area. Hugo American Legion members Phil Kamman, John Thommas, and Dale Lory talked about how the Legion was struggling, and stated a lot of their gambling proceeds went to the White Bear School District and to veterans who did not necessarily live in Hugo. Marion Zimney, gambling manager of the Bayport American Legion was present with Jeff Fusco, owner of Sal's Angus Grill. Marion said the Bayport Legion has been struggling since the smoking ban; they are losing customers to Wisconsin establishments. She said there was no problem with donating 10 percent to a City fund; however, the 70 percent requirement would be difficult unless it would include donations to veterans organizations. Chad Wagner, owner of the Blue Heron Grill was present with Centennial Hockey Gambling Manager Stephanie Balynas who stated that charitable organizations have taken a beating over the past years with bars and restaurants seeing less traffic. He would prefer to see an amount less than 70 percent. Mark Larson, gambling manager for the Dead Broke Saddle Club in the Blacksmith Lounge, said the requirement would not hurt their organization because nearly all their money is spent in the Hugo trade area since they were a 501 (c) (4) non profit; however, it would devastate the other organizations. Miron made motion, Klein seconded, to direct staff to attach language to future charitable gambling premise permits recommending that a significant portion of proceeds be spent in the Hugo trade area. Ayes: Haas, Klein, Petryk, Miron Nay: Weidt Motion carried. Discussion on April 22, 2010 Board of Equalization Meeting Scheduled on the Same Night as the Metro Cities Annual Meeting As Council is aware, the City's annual Board of Equalization meeting has been scheduled for Thursday, April 22, 2010 at 5:30 p.m. City staff has been notified that the Metro Cities Annual Meeting has been scheduled for the same evening. Councilmember Chuck Haas is a former board member of the Metro Cities and is a frequent attendee at the annual meeting; however, the Board of Equalization requires mandatory attendance of three or more Council members. The Mayor and Council Members Petryk, Klein, and Weidt confirmed they would be at the Board of Equalization meeting, which will allow for Councilmember Haas to attend the Metro Cities Annual Meeting the same evening. Discussion on June 24, 2010 I-35 W/E Coalition Meeting on the Same Day as the LMC Annual Conference in St. Cloud At its February 23, 2010 meeting, the Hugo City Council hosted the annual I-35 W/E Coalition Hugo City Council Minutes for April 5, 2010 Page 8 of 10 meeting at Hugo City Hall. After discussion, Coalition members agreed to schedule the next meeting for Thursday, June 24, 2010 at Hugo City Hall at which it would host the annual BBQ cookout. The League of Minnesota Cities Annual Conference will be held in St. Cloud on June 23-25 and attendance by Hugo City Council Members is anticipated. Council Members Haas, Klein, and Weidt stated they would be attending the Minnesota Cities Annual Conference, and staff was directed to provide alternative dates for the I-35 W/E Coalition meeting at the next meeting for Council consideration. Discussion on Including Cats in City's Animal Ordinance For the past several years, City staff has received inquires from residents as to why the City of Hugo does not include cats in the City's Animal Ordinance. Most recently, issues arose when residents had run ins with a number of cats, both domestic and feral where the Washington County Sheriff's Deputy and animal control officer had no jurisdiction to require the resident to control the cats. City staff requested Council provide direction to staff regarding the inclusion of cats in the City's Animal Ordinance. Haas made motion, Petryk seconded, to table this item until the next meeting and direct staff to determine what the cost would be to include cats in the City's Animal Ordinance. All Ayes. Motion carried. Discussion on Assessment Agreement with Catherine Anderson for Demolition of the Old Antique Store Building Staff recently met with Mike and Catherine Anderson, and their attorney to discuss the future of the property at 14583 Forest Blvd. N. City staff has been encouraging the Andersons to demolish the Antique Store building because of its blighted and unsafe condition. City staff is of the understanding that the Andersons continue to work with their insurance company following the fire that occurred at the Carpenter's restaurant site, and that it is financially difficult for them to expend the funds to demolish the Antique store building at this time. Staff would prefer that the building be demolished at this time, because it would allow for the construction of turn lanes in front of the property in conjunction with the 147th St/ TH 61 project. City staff and the Andersons have tentatively agreed to an assessment agreement, whereby the building would be demolished, and the cost of the demolition would be incurred by the City and spread against the property to be paid back over time with interest. Staff is preparing an assessment agreement and a resolution ordering the demolition project. Community Development Director Bryan Bear presented this topic for discussion by the Council. Miron made motion, Petryk seconded, to direct staff to order the demolition of the antique store, approve the assessment agreement subject to revisions agreeable to staff and Catherine Anderson, change the construction plans for the TH61/147th Street project to add turn lanes at 146th Street, and to prepare a resolution for approval at the next City Council meeting. All Ayes. Motion carried. Hugo City Council Minutes for April 5, 2010 Page 9 of 10 Discussion on Social Host Ordinance - Resident Robb Hilber City staff was recently contacted by Hugo resident Robb Hilber regarding the City's interest in a Social Host Ordinance. Resident Robb Hilber appeared before the Hugo City Council to present his suggested ordinance that would close a loophole in the underage drinking law by making a property owner liable where alcohol is consumed by minors on the premises. Robb stated that 30 other cities and counties have adopted similar ordinances. Miron made motion, Petryk seconded, to direct staff to contact the Washington County Sheriffs Department and have them review the Social Host Ordinance and provide comments. All Ayes. Motion carried. M.1 Metropolitan Highway System Investment Study Open House on May 6, 2010 City staff was recently contacted by MN DOT officials regarding their open house scheduled for Thursday, May 6, 2010 at which local cities and county officials are invited to attend to provide suggestions on how to address the ever increasing traffic congestion in the Twin Cities metropolitan area. Miron made motion, Haas seconded, to direct staff to notice Thursday, May 6, 2010 as a meeting to allow Council attendance at the Metropolitan Highway System Investment Study Open House. All Ayes. Motion carried. City Administrator Mike Ericson announced that meetings have been scheduled for Tuesday, April 13, 2010 at 7:30 a.m. at Wilson Tool International, Inc., 12912 Farnham Ave. N., for affected business owners in and around the TH61/130th Street Intersection. Area business owners will be invited to attend the meeting to discuss the proposed traffic improvements including a traffic signal at the intersection. City staff has also scheduled a meeting for Tuesday, April 20, 2010 at 7:30 a.m. at Hugo City Hall with businesses in and around the intersection of TH61/147th Street North for the proposed intersection improvements. Area business owners have been invited to attend. Haas made motion, Miron seconded, to direct staff to notice Tuesday, April 13, 2010 as a meeting to allow Council attendance at the TH61/1301h Intersection Improvement meeting. All Ayes. Motion carried. Petryk made motion, Haas seconded, to direct staff to notice Tuesday, April 20, 2010 as a meeting to allow Council attendance at the TH61/147th Intersection Improvement meeting. All Ayes. Motion carried. Hugo City Council Minutes for April 5, 2010 Page 10 of 10 Open House on April 21, 2010 for Residents Affected by Construction of TH61/130th and TH61/147 Intersection Improvements City Administrator Mike Ericson announced that the City of Hugo will host an open house on Wednesday, April 21, 2010 at 6:00 p.m. at Hugo City Hall for residents who live in and around the intersection of TH61/130th Street and TH61/1471 Street to discuss the proposed traffic signal improvements including traffic control signals. Affected residents are invited and encouraged to attend this open house event at which City officials will provide information regarding the proposed turn lanes as well as the traffic control signal. Petryk made motion, Haas seconded, to direct staff to notice Wednesday, April 21, 2010 as a meeting to allow Council attendance at the open house with residents to discuss the upcoming intersection improvements at TH61/130th Street and TH61/147th Street. All Ayes. Motion carried. Traffic Safety Concerns at Northbound Ramp of CSAH 14/I -35E Intersection As Council is aware, the intersection of CSAH14/I-35 E has a high volume of traffic, which results in traffic delays and dangerous driving conditions. Staff specifically has noted that the number of vehicles exiting I-35 E on the northbound ramp during the evening rush hour has resulted in traffic stacking up on the freeway, which causes a traffic safety hazard. City Administrator Mike Ericson asked for direction from Council on whether to request the assistance of the Lino Lakes Police Department to temporarily direct traffic through the area during heavy traffic hours until intersection improvements have been completed. Miron made motion, Weidt seconded, to direct staff to communicate with the City of Lino Lakes on this issue. All Ayes. Motion carried. Adjournment Petryk made motion, Klein seconded, to adjourn at 10:00 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk