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HomeMy WebLinkAbout2010.05.03 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY, MAY 34 2010 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, Assistant City Engineer Diane Hankee, City Attorney Dave Snyder, Finance Director Ron Otkin, Fire Chief Jim Compton and Firefighters, and City Clerk Michele Lindau Moment of Silence for Sergeant Joe Bergeron Mayor Fran Miron called for a moment of silence for Sergeant Joe Bergeron, a Hugo resident and Maplewood cop, was shot at 6:50 a.m. on Saturday, May 1, 2010, while he was in his squad car and ready to confront two men who matched the description of a carjacker earlier that morning near Lake Phalen in Maplewood. Joe was a 26 -year veteran of the Maplewood Police Force and spent a short time on the City of Hugo's Volunteer Fire Department. He leaves behind a wife and 13 -year-old twin daughters. Sergeant Joe Bergeron was 49 years old. Approval of Minutes for the City Council Meeting on April 19, 2010 Weidt made motion, Klein seconded, to approve the minutes for the April 19, 2010 City Council meeting as presented. All Ayes. Motion carried. Approval of Minutes for the Board of Equalization Meeting on April 22, 2010 Petryk made motion, Weidt seconded, to approve the minutes for the April 22, 2010 Board of Equalization meeting as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Petryk seconded, to approve the agenda as presented. All Ayes. Motion carried. Presentation of City of Hugo Outstanding Citizen Awards to Brian Peltier, Caesar Romero and his son Ricky; and Recognition of Deputy Joe Stoehr and Hugo Firefighters for Their Actions on April 10, 2010 in Trying to Save Debbie Joy Porterfield On Saturday, April 10, 2010 at 1:30 p.m. an SUV driven by Debbie Joy Poterfield rolled into the stormwater retention pond on the northeast corner of CSAH 8 and Oneka Parkway. The vehicle immediately began filling with water. Three residents, Brian Peltier, Caesar Romero and his son Ricky Romero, as well as Deputy Joe Stoehr swam out to the vehicle and attempted to rescue City Council Minutes for May 3, 2010 Page 2 of 8 Debbie. Four Hugo firefighters arrived and entered the water in their Gumby Suits and proceeded to swim out and broke the window to remove the woman, with CPR efforts conducted by Hugo firefighters on the shore. The three Hugo residents were, according to Fire Chief Jim Compton, brave and courageous in their efforts to save the woman and deserved public recognition by the City of Hugo. Fire Chief Jim Compton read a Letter of Commendation and Sheriff Bill Hutton accepted the letter on behalf of the Romeros, who were unable to attend the meeting due to a family emergency. Mayor Fran Miron presented a framed Letter of Commendation to the Hugo Fire Department and stated his appreciation of the Hugo Firefighters. The Mayor presented resident Brian Peltier, who was at the meeting with his wife and two children and parents, the City of Hugo Outstanding Citizen Award to recognize him for his live saving efforts. Fire Chief Jim Compton and Mayor Fran Miron also recognized Deputy Joe Stoehr, who was unable to attend this meeting, who also assisted in the rescue. Presentation of City of Hugo 2009 Annual Police Report - Washington County Sheriff Bill Hutton, and Discussion on Social Host Ordinance Annually, Washington County Sheriff Bill Hutton presents the Hugo City Council with the City of Hugo's Police Report which reflects the police department activities in the City of Hugo for the past year. Sheriff Hutton presented the 2009 City of Hugo Annual Report and provided an overview of the departments 2009 accomplishments and overall statistics which showed a decline in Initial Complaint Reports (ICR). Sheriff Hutton also spoke of ongoing projects that included a new records management system and the start of a Cold Case Unit, which would consist of retired law enforcement officers. Additionally, Sheriff Bill Hutton spoke about a Social Host Ordinance, which was presented to the City of Hugo at its April 19, 2010 meeting by resident Robb Hilber, who was in the audience. The Sheriff stated that he and Commander Dexter had discussed the need for a Social Host Ordinance and talked about introducing it at a County level. Haas made motion, Petryk seconded, to send a Letter to the County Commissioners supporting a Social Host Ordinance with the understanding that the County may be looking at a Social Host Ordinance as well. All Ayes. Motion carried. Miron made motion, Petryk seconded, to accept the Washington County Sheriffs Department Annual Report. All Ayes. Motion carried. Minnesota Outdoor Youth Expo at Wild Wings on May 22-23, 2010 The City of Hugo has been approached by representatives of Wild Wings of Oneka for acknowledgement of the First Annual MN Outdoor Youth Expo, which will be held at Wild Wings on May 22- 23, 2010. The facility is the home to a hunting and game farm, along with trap shooting, which brings in members from the Twin Cities Metropolitan area to the City of Hugo. Wild Wings owner Jeff Hughes and Youth Expo Event Coordinator Nikki Walters explained this City Council Minutes for May 3, 2010 Page 3 of 8 event was intended to reconnect children to the outdoors by offering seminars and demonstrations on hunting, fishing, camping, animals, gardening and many outdoor sports. Nikki stated there has been a great response from exhibitors and attendees, and this was a free event for children and $5 for adults. The event takes place from 9 a.m. to 6 p.m. on Saturday, and 9 a.m. to 4 p.m. on Sunday. More information is on their website at www.nmoutdooryouthexpo.com. Mayor Fran Miron provided them best wishes for a successful event. Presentation of Proclamation by the Hugo American Legion Women's Auxiliary Proclaiming May 14-15 as American Legion Poppy Days in Hugo Each year around Memorial Day, American Legion Auxiliary volunteers across the country distribute millions of red crepe paper poppies in exchange for donations to assist disabled and hospitalized veterans in their local communities. The poppy has become a world-wide recognized symbol of sacrifice and is worn by Auxiliary members to honor the men and women who served and died for their country in all wars. The poppy is a reminder to communities of the sacrifices and continuing needs of our veterans and service members. Rita Lorey, spokeswoman for the Hugo American Legion Women's Auxiliary, introduced Poppy Chairperson Robin Brown, and requested on behalf of the Hugo American Legion that the City Council proclaim May 14-15 as American Legion Poppy Days in Hugo and encourage residents to receive their poppy and make a donation to the Hugo American Legion. Miron made motion, Petryk seconded, to proclaim May 14-15 as American Legion Poppy Days in Hugo. All Ayes. Motion carried. The Mayor presented the signed proclamation to Rita and Robin as well as a donation to the American Legion in exchange for the symbolic poppy. Approval of Consent Agenda Petryk made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Special Event Permit, Temporary 3.2 Liquor License, and Lawful Gambling Permit for St. John's the Baptist Catholic Church for Festival on August 22, 2010 Approve Job Description for Parks Planner Position and Appoint Shayla Syverson as the City's Parks Planner Approve Annual Performance Review for Community Development Director Bryan Bear Approve Hire of Seasonal Public Works Employees Approve Hiring of Kevin Kriegshauser as a Probationary Firefighter All Ayes. Motion carried. City Council Minutes for May 3, 2010 Page 4 of 8 Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Special Event Permit, Temporary 3.2 Liquor License, and Lawful Gambling Permit for St. John's the Baptist Catholic Church for Festival on August 22, 2010 The City of Hugo received an application for a Special Event Permit, a Temporary 3.2 Liquor License, and a Lawful Gambling Exempt Permit from St. John the Baptist Catholic Church for its annual Fall Festival, which will be held on Sunday, August 22, 2010. City staff has reviewed the applications and found them to be satisfactorily complete along with the naming of the City of Hugo as additionally insured on the temporary liquor license. Adoption of the Consent Agenda approved the Special Event Permit, Temporary Liquor License, and Lawful Gambling Permit for its annual festival that will be held on Sunday, August 22, 2010. Approve Job Description for Parks Planner Position and Appoint Shayla Syverson as the City's Parks Planner At its April 19, 2010 meeting, Council approved the creation of a Parks Planner position and directed staff to work with the Parks Commission to finalize the Parks Planner job description, and bring it back to the City Council for final approval. Staff made revisions to the job description and recommended Council approve the job description for the Parks Planner position for the City of Hugo. City staff received an application from Economic Development / Parks Intern Shayla Syverson to fill the Parks Planner Position. For the past year Shayla has done an outstanding job working on parks programming related duties. Shayla meets the minimum qualifications required for the position. Adoption of the Consent Agenda approved the Parks Planner job description and the appointment of Shayla Syverson as Parks Planner subject to the standard six-month probationary period. Approve Annual Performance Review for Community Development Director Bryan Bear Bryan Bear was hired by the City of Hugo on May 3, 2004 as the City's new Community Development Director. Over the past six years Bryan has demonstrated an excellent work ethic and outstanding level of professionalism as the City's Community Development Director responsible for all economic development and community development activities in the City of Hugo. Bryan's dedication and commitment to ensuring quality development is well known and respected by the developers in the City of Hugo. Bryan's communication skills are excellent and his honesty and integrity has earned him the respect of the many residents he has dealt with over the past year with City's 2030 Comprehensive Plan. Bryan has a calm demeanor which allows him to communicate with residents and developers in a clear and concise manner. Adoption of the Consent Agenda approved the annual performance review for Community Development Director Bryan Bear. City Council Minutes for May 3, 2010 Page 5 of 8 Approve Hire of Seasonal Public Works Employees At its March 1, 2010 meeting, the Hugo City Council authorized Public Works Director Scott Anderson to advertise for the Summer Seasonal Public Works employees which provide the City of Hugo a cost effective way to maintain the City parks and open space and facilities. Public Works Director Scott Anderson recommended Council approve the hiring of one seasonal employee not to exceed 40 hrs per week and a second part time seasonal employee not to exceed 20 hours per week in addition to the rehiring of four returning seasonal employees. The combination of the six seasonal employees would not exceed the hours normally accumulated by five positions at 40 hours per week. Adoption of the Consent Agenda approved the rehiring of four seasonal employees and Kevin Nelson and Tom Cardinal as new seasonal employees for 2010. Approve Hiring of Kevin Krimshauser as Probationary Firefghter The Hugo Fire Department received an application from Kevin Kriegshauser who became a Hugo resident approximately one year ago. Kevin has previous experience as a firefighter on the Linwood Fire Department and has completed his firefighter certification and EMT certification. Kevin has also completed his orientation to the Hugo Fire Department on April 25, 2010. Adoption of the Consent Agenda approved the hiring of Kevin Kriegshauser as a probationary firefighter and EMT. Approve of 2:00 A.M. Liquor License for the Blue Heron and Sal's Angus Grill Councilmember Haas removed this item from the Consent Agenda. Blue Heron Grill and Sal's Angus Grill have applied to the City for renewal of its 2:00 a.m. closing time. Councilmember Haas remarked that the establishments pay a large fee to the state to stay open for an additional hour (Sal's pays $750 and the Blue Heron pays $1,000) and he questioned whether the City could charge an additional fee and how much additional time was spent by the Washington County Sheriff's Department in responding to call as a result of the 2:00 a.m. closing. The Council considered tabling the item to allow staff time to obtain that information; however, both licenses expire prior to the next meeting. Miron made motion, Klein seconded, to approve the application for a 2:00 a.m. closing time for Blue Heron Grill and Sal's Angus Grill, and directed staff to review the impacts of the 2:00 a.m. closing time. All Ayes. Motion carried. Approve Variance for Side Yard and Shoreland Setback for the Marston Family at 8895 126th St. N. This item was removed from the Consent Agenda. At its April 22, 2010 meeting the Board considered the variance request and held a public hearing on the application. Staff had presented the request and recommended denial of the side yard setback variance and approval of the shoreland setback variance for additions to the house. There were two people that spoke on the City Council Minutes for May 3, 2010 Page 6 of 8 request at the public hearing, the property owner to the north and her son. They were against the variance for the side yard setback because the additions to be constructed close to the north property line would reduce the value of their property. The Board had discussed the request and recommended approval of both variances from the side yard setback and shoreland setback requirements to the City Council. City Planner Rachel Simone explained in detail the request and the degree to which it met the spirit and intent of the ordinance. Rachel stated that staff did not find a hardship to warrant the granting of the sideyard setback. Scott Marsten, 8895 126th Street North, said he owned 10.4 acres with approximately six acres in the water. Because two side of his property are surrounded by water, it was not a typical lot, and the lack of buildable area created a hardship. Craig Erickson, attorney for Nancy Guthrie, 8991 130th Street North, objected to the side yard variance saying it did not meet the spirit and intent of the ordinance and would reduce the amount of open space between structures should they build on their property near the water. Crain Erickson stated it was a self created hardship. John Murphy, builder for the Marstens, said the original survey showed a 10 foot side yard setback, and this was the survey used for the design of the addition. City Planner Rachel Simone stated that the survey showed a 10 -foot easement, not a setback. Council talked about the option of granting the side yard variance for the garage and redesigning the addition to comply with the side yard setback. Weidt made motion, Klein seconded, to table discussion on the side yard variance to allow the applicant and Nancy Guthrie time to consider changes to the plan. All Ayes. Motion carried. Miron made motion, Haas seconded, to approve RESOLUTION 2010-16 APPROVING A VARIANCE FOR SHORELAND SETBACK FOR SCOTT AND MELISSA MARSTON IN THE RURAL RESIDENTIAL ZONING DISTRICT ON PROPERTY LOCATED AT 8895 126TH STREET NORTH. Ayes. Klein, Weidt, Haas, Petryk, Miron Nays: None Motion carried. Approve Award of Bid for South Egg Lake Street Reconstruction Proiect At its March 15, 2010 meeting, the Council authorized City staff to publicly bid the South Egg Lake neighborhood street reconstruction project. On Tuesday, April 27, 2010, the City of Hugo opened bids for the construction project. There were a total of seven bidders on the project. Public Works Director Scott Anderson, Senior Engineering Technician Steve Duff, and Project Manager Diane Hankee recommend Council award the contract to Arnt Construction with the low bid amount of $737,873.50. Diane explained the project and bid results to the Council. City Council Minutes for May 3, 2010 Page 7 of 8 Petryk made motion, Klein seconded, to award the bid to Arnt Construction in the amount of $737,873.50. All Ayes. Motion carried. Approve Revisions to the City's Shooting Ordinance At it's April 5, 2010 meeting, the City Council scheduled a public hearing on the proposed Shooting Ordinance. Community Development Assistant Dennis Fields provided a recap of work to date on the revisions to the City's Shooting Ordinance, and he presented a map showing three possible scenarios for the 500 foot rule. Mayor Fran Miron opened the public hearing. Michael Clyne, 14540 Geneva Avenue North, and son Nicholas presented a petition to the Council signed by 41 Hugo residents stating support for the "rural" less restrictive designation of the land surrounding Egg Lake as it applies to the proposed shooting ordinance. Michael stated that most of the hunters on Egg Lake were youths, and pointed out how Egg Lake was different from Bald Eagle Lake. Nicholas spoke about the tradition of hunting on Egg Lake and was excited to be getting his license this year. Jim Leroux, 4360 165th Street North, said in his experience, hunting is intrusive on rights but shotguns have not caused problems in Hugo. He acknowledge there are problems with uncontrolled target practice. Jim wants to maintain his right to shoot varmints on his farm and thinks stricter rules than what the DNR allows could be confusing. He said permission should be required from a neighbor closer than 500 feet, and also believes in property rights. Alex Gutierrex, DNR Conservation Officer, talked about DNR regulations regarding the negligent discharge of firearms, and stated he could not see the reasoning or the enforceability of the ordinance as proposed. He stated that conservation officers could respond to calls but could not enforce City ordinances. He pointed out the very large area he covered and said Washington County Sheriffs Department would be able to respond faster. Tom Raster, 15227 Geneva Avenue North, said he lives next to the MN DNR boat landing on Oneka Lake and the only traffic on the lake during hunting season is hunters. He was opposed to anything that prevented the current use of the land. There were no other comments, and Mayor Fran Miron closed the public hearing. Discussion on the Shooting Ordinance was interrupted to discuss a public hearing on lease revenue bond refinancing. Set Public Hearing on Lease Revenue Bond Refinancing Plan The Finance Department has researched the possibility of refinancing two lease revenue bonds that were issued by the Economic Development Authority to finance construction of the fire hall and city hall. The plan involves replacing this debt with general obligation bonds that can save considerable interest over the remaining life of the bonds and thus reduce the City's future tax levies. A public hearing is required as a part of the refinancing process. City Council Minutes for May 3, 2010 Page 8 of 8 Miron made motion, Haas seconded, to schedule a public hearing for June 7, 2010 at 7:00 p.m. for the lease revenue bond refinancing plan. All Ayes. Motion carried. Discussion then continued on the proposed Shooting Ordinance. Approve Revisions to the City's Shooting Ordinance (Cont.) Haas made motion, Petryk seconded, to table discussion due to time issues. All Ayes. Motion carried. Approve Rescheduling of I-35 WE Coalition Meeting to July 29, 2010 Schedule City Administrator's Annual Performance Review Update on Lions Park from the Parks Commission Discussion on the Statewide Health Improvement Program (SHIP) in Washington County and the Health Subcommittee Weidt made motion, Klein seconded, to table the above four items until the next meeting due to the lack of time. All Ayes. Motion carried. Adiourn Weidt made motion, Petryk seconded, to adjourn at 10:00 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk