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HomeMy WebLinkAbout2010.11.15 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING ON MONDAY, NOVEMBER 15, 2010 Acting Mayor Petryk called the meeting to order at 7:02 p.m. PRESENT: Haas, Klein, Petryk, Weidt, and Miron (arrived at 8:20 p.m.) ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Parks Planner Shayla Syverson, Administrative Intern Jill Van DenHeuvel, and City Clerk Michele Lindau Approval of the Minutes for the City Council Meeting on November 1, 2010 Weidt made motion, Klein seconded, to approve the minutes for the City Council meeting on November 1, 2010 as presented. All Ayes. Motion carried. Approval of the Minutes for the Board of Canvass Meeting on November 5, 2010 Weidt made motion, Haas seconded, to approve the minutes for the Board of Canvass meeting held on November 5, 2010 to canvass the results of the General Election held on November 2, 2010 as presented. All Ayes. Motion carried. Approval of the Agenda Weidt made motion, Haas seconded, to approve the agenda as amended. Add to Administrative Presentations — Representation on the Grant Evaluation and Ranking System Committee (GEARS) Add to Council Presentations — Update on the Yellow Ribbon Network All Ayes. Motion carried. Approval of Consent Agenda Weidt made motion, Haas seconded, to approve the following Consent Agenda: Approval of Claims Approve Annual Performance Review for Building Official Chuck Preisler Approve Application for Senior Deferral for Street Assessment for Terry Hantho Approve Reduction in the Letter of Credit for Rottlund Homes for Victor Gardens North Village 2nd Addition Approve Annual Snowmobile Trail Application for the Hugo Snowmobile Club Hugo City Council Meeting Minutes for November 15, 2010 Page 2 of 10 Approve Annual Snowmobile Trail Application for the Rice Creek Trail Association Approve Reduction in the Letter of Credit for Everton Investments Prairie Village lst Addition Approve Pay Request No. 5 from Gencon Construction for Construction of Park Shelter at Hanifl Fields All 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 of this year. Adoption of the Consent Agenda approved the annual performance review for Building Official Chuck Preisler. Approve Application for Senior Deferral for Street Assessment for Terry Hantho On November 2, 2010, the Finance Department received an Application for Deferment of Special Assessments signed by Terry Hantho for 5648/5650 142nd Street North. He is requesting that the assessment for the South Egg Lake Street Reconstruction 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 Terry Hantho. Approve Reduction in the Letter of Credit for Rottlund Homes for Victor Gardens North Village 2"d Addition Rottlund Homes, developer, has requested the City of Hugo reduce the letter of credit being held for the newly constructed utility and road improvements in the Victor Gardens North Village 2nd Addition. Adoption of the Consent Agenda approved the reduction of the letter of credit being held for the newly constructed improvements in the Victor Garden North Village 2nd Addition development to $70,637.25 and to start the one year warranty period. 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 in the City of Hugo during the winter. The application is for the four 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 2010-2011 annual trail application from the Hugo Snowmobile Club. Hugo City Council Meeting Minutes for November 15, 2010 Page 3 of 10 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 in the City of Hugo 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 2010-2011 annual trail application from the Rice Creek Trail Snowmobile Club. Approve Reduction in the Letter of Credit for Everton Investments Prairie Village Is Addition Everton Investments, developer, has requested the City reduce the letter of credit being held for the newly constructed utility and road improvements in the Prairie Village 1 st Addition. Adoption of the Consent Agenda approved the reduction of the letter of credit being held for the newly constructed improvements in the Prairie Village 1st Addition development to $41,254.00 and to start the one year warranty period for the utility work constructed. Approve Pay Request No. 5 from Gencon Construction for Construction of Park Shelter at Hanifl Fields City staff has received Pay Request No. 5 from Gencon Construction for work completed to date on the construction of the Hanifl Fields Athletic Park shelter. Public Works Director Scott Anderson has reviewed the pay request and found it to be satisfactory for work completed to date on the project. Adoption of the Consent Agenda approved Pay Request No. 5 from Gencon Construction for work completed to date on the construction the Hanifl Fields Athletic Park shelter in the amount of $171,150.03. Update on Lake Air/Bald Eagle Estates Neighborhood Proposed Improvements On October 11, 2010, the Hugo City Council held a neighborhood meeting with residents in the Lake Air Estates/Bald Eagle Estates neighborhood to discuss a potential street and utility improvement project. The project would include roadway reconstruction and could include the installation of City water. At its October 18, 2010 meeting, Council directed staff to mail a questionnaire to the residents within the project area to determine interest regarding the potential road and water improvement project in their neighborhood. City Engineer Jay Kennedy informed Council the City had received approximately 50 of the 60 questionnaires back, and a little over half of the responses were in favor of some type of project, mostly a road project. Jay recommended holding another neighborhood meeting. Acting Mayor Petryk stated she had met with residents from one particular cul-de-sac earlier this evening, and those residents were in the audience. She asked if they had comments. T.J. Ricci, 5027 124th Street Court North, said there was nothing positive about bringing water into the neighborhood, but road improvements would be ok. Bob Hanson, 4920 126th Street, said he has lived in his home for over 20 years, and the City has neglected to maintain the road. He requested to see a breakdown on the project cost to see what the City would be paying for the project. Hugo City Council Meeting Minutes for November 15, 2010 Page 4 of 10 Dan DeYoung, 5055 124th Street North, stated he was opposed to a water project. There was nothing wrong with the wells, and it would be cheaper to dig a new one than pay an assessment. Susan Courteau, 5021 124th Street North, stated that what the Council decides will affect them financially, and it would be a burden at this time. Tom Sorenson, 5049 124th Street North, said he moved to Hugo 22 years ago because they liked the rural community. He does not want water and feels some of the taxes he pays should go towards improving the road. He reminded the Council of emails and letters he as sent. Teresa Sorenson, 5049 124th Street North, said she'd like to see a new road, but their wells are working fine. Acting Mayor Petryk directed staff to select a date to hold another neighborhood meeting and add it to the next Council meeting agenda to be scheduled. No other action was taken. Update on Victor Gardens Ground Water Improvement Proiect At its September 20, 2010 meeting, Council discussed solutions to address the groundwater that has been affecting a number of residents following construction of their homes in Victor Gardens. They also considered the residents' request to match the Rice Creek Watershed District's grant to help pay for a specific project that will assist residents in dealing with this issue. At its October 4, 2010 meeting, Council approved a grant not to exceed $45,875 for the City's portion of the project to the residents in the Victor Gardens Neighborhood, and directed staff to review the irrigation practices and water usage in that area. Resident Tony Schwab, 14262 Garden Way North, updated the Council on the project which was successfully completed on the prior Thursday. Tony explained that directional boring was done with 734 feet of pipe under driveways and a connection to a pipe that directed water into the pond. He offered to return to a City Council meeting next spring/summer to update the Council on the system. Administrative Intern Jill Van DenHeuvel presented findings on the water usage in the Victor Gardens neighborhood. She provided background and an analysis comparing the Victor Gardens Neighborhood with similar developments. She concluded the water usage was similar; however, the dense glacial till soil, smaller turf area and water pockets unique to the Victor Gardens neighborhood was an aggravating factor. Some overwatering did occur, mostly with automatic underground sprinkler systems. Jill gave reasons residents should be encouraged to conserve water, and she provided soil watering tips. The Council generally agreed more discussion was needed on the DNR's Conservation Rate Structure and its financial impact, and more was needed to be done to educate Hugo residents on water usage. Tony Schwab requested a copy of the study and the Property Watering Fact Sheet to put in the Victor Gardens Newsletter. He also suggested working with the Rice Creek Watershed District to direct more water back into area ponds. No formal action was taken. Hugo City Council Meeting Minutes for November 15, 2010 Page 5 of 10 Discussion on Proposed Parks Ordinance Regulating Public Conduct This item was tabled at the last Council meeting due to lack of time. At their October 10, 2010 meeting, the Parks, Recreation and Open Space Commission made a recommendation to change the Public Conduct in Parks Ordinance. The Parks Commission has had discussion on park rules at multiple meetings. The Parks Commission identified three rules to make into an ordinance, enforceable by law: motorized vehicle use on park property, reservation of picnic shelters, and fires. Also in the recommendation are revisions to the definitions and special permit section of the existing ordinance. Parks Planner Shayla Syverson presented the recommendation for changes to the Public Conduct in Parks Ordinance, and the Council discussed the definitions of active and passive parks, leashing of dogs in active parks, enforceability to include the violation of the ordinance to be a petty misdemeanor, and signage at the parks. Haas made motion, Weidt seconded, to adopt ORDINANCE 2010-448 AMENDING CHAPTER 54, ARTICLE II, PUBLIC CONDUCT WITHIN PARKS and directing the Planning Commission to hold a public hearing on updates to the Parks, Trails, and Open Space section of the 2030 Comprehensive Plan. All Ayes. Motion carried. Discussion on Proposed Tobacco Use/Smoking Policy This item was tabled at the last Council meeting due to lack of time. At their October 10, 2010 meeting, the Parks, Recreation and Open Space Commission heard a presentation from the program director for Tobacco Free Youth Recreation. The Commission made a recommendation to the City Council to ask direction on a possible smoke-free or tobacco -free policy which would include the entire property of all active and passive parks in the Hugo park system. Parks Planner Shayla Syverson explained the Parks Commission generally agreed there should be a policy and it should be effective in all Hugo parks; however, there was no consensus on whether it should be just smoking or if it should include all tobacco products. (Mayor Fran Miron arrived at 8:20 p.m.) Parks and RecreationCommission Chair Jim Taylor was present and stated his opinion that all parks should be tobacco free, and the Council discussed whether it needed to be addressed at this time and whether government needed to be regulating life style choices by ordinance. Also discussed was allowing tobacco at events that require a Special Event Permit such as the Hugo Lions Good Neighbor Days. Haas made motion, Weidt seconded, to support the policy prohibiting the use of tobacco in parks. Haas made motion, Klein seconded, to table discussion to allow the Parks Commission to further consider the policy and provide a recommendation to the Council. All Ayes. Motion carried. Hugo City Council Meeting Minutes for November 15, 2010 Page 6 of 10 Discussion on Park Dedication Fee Ordinance At its September 20, 2010 meeting, the Council discussed proposed changes to the Park Dedication Fee Ordinance, which include adding an appeal process and a table to assign dedication based on the density of residential development. The Council also considered whether to require park dedication on commercial and industrial development and voted four to one to include EDA's recommendation to not require a parkland dedication fee on commercial and industrial land, and to review it again in four years. Council had directed staff to hold a public hearing at the Planning Commission on the draft Park Dedication Fee Ordinance. A public hearing was held at the Planning Commission meeting on October 28, 2010, and the Planning Commission unanimously recommended including a requirement to charge commercial and industrial property development a park dedication fee. Parks Planner Shayla Syverson presented to Council these recommendations from the Parks Commission, EDA, and Planning Commission. Jim Taylor, Chair of the Parks and Recreation Commission spoke in favor of park dedication on commercial/industrial property saying that parks make money and the City could lose 1.1 million dollars over time. Jim stated that the value of property near parks increases resulting in more tax revenue. He also said parks attract businesses and bring money into our economy. Tom Denaway Economic Development Authority Commissioner, defended the EDA's decision stating they were not anti -parks and not changing the Parks Capital Improvement Plan, just the best way to allocate the cost, and the development of commercial/industrial property did not create a need for parks. He explained that, as reported by the National Commercial Real Estate Association, there was no direct benefit from parks, and parks dedication fees affect the businesses' bottom line. Councilmember Haas supported a park dedication fee for commercial/industrial development, and said he sees the need for parks as a necessary part of city planning. As a businessman, he said he did not feel a parks dedication fee requirement would deter commercial/industrial development. The Council discussed the line item in the City's levy for parks; businesses are paying a larger portion of the levy than residential property. The Council discussed whether the lack of park dedication fee would hinder the development of parks. Petryk made motion, Weidt seconded, to adopt ORDINANCE 2010-449 REQUIRING PARK DEDICATION WITHIN THE CITY OF HUGO, MINNESOTA, (which does not include a park dedication fee for industrial commercial development) and require review of the ordinance in four years. Ayes: Petryk, Klein, Weidt, Miron Nays: Haas Motion carried. Hugo City Council Meeting Minutes for November 15, 2010 Page 7 of 10 Update on RCWD Public Hearing held on November 8 on Judicial Ditch #2 Weir On Monday, November 8, 2010 at 6:00 p.m., the Rice Creek Watershed District held a public hearing to consider removing or modifying a sheetpile weir in Washington County Judicial Ditch #2 located just north of Rice Lake. The meeting was held in the Council Chambers at Hugo City Hall and attended by City Attorney David Snyder and Water Resource Engineer Pete Willenbring, as directed by Council at its November 1, 2010 Council meeting. Mayor Miron excused himself from discussion and turned the gavel over to Acting Mayor Becky Petryk and stepped down from the dias. City Attorney Dave Snyder provided background on the weir, which was installed by the Rice Creek Watershed District in 2006. Dave provided a recap of the November 8, 2010 meeting. DNR spoke against any modification or removal of the weir. The City originally opposed installation of the weir mainly because it was an obstruction to a drainage ditch and procedure was not followed, resulting in ongoing litigation and difficulties with the weir. The Watershed District's Engineer has suggested modification or removal of the weir. The Board will consider it at its December 8, 2010 meeting. Petryk made motion, Weidt seconded, to direct staff to consult with City Attorney Dave Snyder regarding the weir and have proper representation from the City at the Rice Creek Watershed District Board meeting on December 8, 2010 Rice Creek Watershed District Meeting. Discussion on Approval of Washington County Grant Application to Homeland Security Grant Program for Reprogramming the City's Outdoor Warning Sirens Fire Chief Jim Compton had been notified by the Washington County Sheriff's Office Communications Center that it is making an application to the Homeland Security Grant Program for funding through the Urban Area Security Initiative to provide financial support to the cities in Washington County for the reprogramming of the transmitter from a wide -band frequency to a narrow -band frequency. Washington County Radio System Manager Dean Tilly and Washington County Emergency Manager Deb Paige have notified the City of this grant application and request support for the grant for the City's outdoor warning sirens. City Administrator Mike Ericson explained this was a FCC requirement, and the grant application would be submitted after Washington County received quotes from cities on what the cost of reprogramming the City's sirens would be. Klein made motion, Petryk seconded, to approve supporting Washington County in their grant application to Homeland Security for reprogramming the City's outdoor warning sirens and recognizing the addition work staff will be doing in preparation of the application. All Ayes. Motion carried. Hugo City Council Meeting Minutes for November 15, 2010 Page 8 of 10 Report on Met Council Water Supply Advisory Committee Meeting held on October 28, 2010 This item was added to the agenda by Councilmember Chuck Haas at the last Council meeting, and was tabled due to lack of time. The Metropolitan Council Water Supply Advisory Committee held a meeting on October 28, 2010. Councilmember Haas attended this meeting and provided the Council a summary. There was discussion at the meeting about the appropriation of water by the cities and the difficulties of this process as it is required by the DNR. Haas said he asked the committee to consider the cost of ground water monitoring a regional expense instead of the local municipal expense. The committee agreed to direct their staff to see if the ground water regional monitor cost could be funded through grants. Haas made motion, Miron seconded, to direct the City Engineer to contact staff at the Metropolitan Council to find out where the grants are made and determine if cities can be reimbursed for cost already incurred when applying for these grants. All Ayes. Motion carried. Report on Installation Ceremony of Minnesota's 30th Adiutant General This item was added to the agenda by Councilmember Chuck Haas at the last Council meeting, and was tabled due to lack of time. On Monday, November 1, 2010, an Installation Ceremony of Minnesota's 30th Adjutant General took place at the State Capital where Governor Tim Pawlenty administered the Oath of Office to Major General Richard C. Nash of New Prague, naming him as the new adjutant general overseeing the Minnesota National Guard. Councilmember Chuck Haas, who works closely with Major General Richard Nash as part of the Yellow Ribbon Network, attended the Installation Ceremony. He stated General Nash is a very inspiring person, and it is a pleasure to know him. City Assessor Frank Langer Assists Resident With Horse Boarding Operation Issues City Staff was recently notified by Councilmember Chuck Haas that City Assessor Frank Langer has assisted a Hugo resident with a horse boarding operation in its effort to get clarification under the new interpretation of Minnesota State Statute which defines qualifications for a horse boarding operation in the State of Minnesota. Councilmember Haas publically recognized and thanked City Assessor Frank Langer for his extra effort in assisting a resident whose livelihood and existing horse boarding operation are linked to a successful interpretation of the Minnesota Statute. Frank has been the City Assessor for the past 29 years, and Council commented on the significance of having a local city assessor. Update on the Yellow Ribbon Network Councilmember Haas added this item to the agenda to provide an update on the activities of the Yellow Ribbon Network (YRN). Councilmember Klein announced the next meeting of the YRN will be on Wednesday, November 17, 2010 at 7 p.m. at Hugo City Hall and they will be considering the purchase of YRN flags and be discussion the Blue Star Mom protocol. Also to be discussed is spotlighting returning soldiers in a "Welcome Home" section of the newspaper. Haas stated care packages have been sent to troops in Afghanistan and Iraq, and Sgt. John Kriesel will be speaking at the Forest Lake High School on December 13, 2010. Hugo City Council Meeting Minutes for November 15, 2010 Page 9 of 10 Notification of All Watershed District Terms that Expire in 2011 This item was tabled at the last Council meeting due to lack of time. City Administrator Mike Ericson informed Council that Washington County has notified the City of Hugo of all Watershed District terms that will expire in 2011. The County has found that, due to the 90 -day notice given to cities and township regarding upcoming term expirations, there is not always adequate time for municipalities to discuss it. The County requires that the municipalities submit their list of nominees or endorse managers who wish to be reappointed within 60 days prior to the expiration of the term of office of a manager. Staff provided Council with a list of watershed districts appointments that expire in 2011. Metro Cities Policy Adoption Meeting on November 17, 2010 A Metro Cities Policy Adoption meeting will be held on Wednesday, November 17, 2010 at the Brooklyn Park Community Center. City Administrator Mike Ericson will attend this meeting to represent the City of Hugo's position on these policies. Hugo Business Association Christmas Party on December 8, 2010 The Hugo Business Association (HBA) will hold their 2010 Christmas Party on Wednesday, December 8, 2010 at Jason's Bobby & Steve's Auto World. The parry is from 6-8 p.m. and the Cost is $10.00 per person. Grant Evaluation and Ranking System (GEARS) Committee Representation City Administrator Mike Ericson added this item to the agenda to inform the Council that Metro Cities is seeking applications to serve on the GEARS Committee. The Washington County seat expires on December 31, 2010 and an elected city official from a Washington County city was needed to fill this position. Petryk made motion, Klein seconded, to nominate Councilmember Chuck Haas for the GEARS Committee seat to represent Washington County. All Ayes. Motion carried. Executive Session Weidt made motion, Haas seconded, to recess the regular Council meeting and enter into executive session to discuss pending litigation between the City of Hugo and Carroll County Bank and a settlement agreement. All Ayes. Motion carried. Hugo City Council Meeting Minutes for November 15, 2010 Page 10 of 10 Return to Regular Session After completion of the Executive Session, Council returned to their regular. City Attorney Dave provided a summary of the session on the claims by Carroll County Bank and the counterclaim by the City of Hugo, and requested direction on whether to pursue the settlement agreement as proposed by the City Attorney. Weidt made motion, seconded by Haas, to approve the settlement Agreement as proposed. All Ayes. Motion carried. Adiournment Haas made motion, Weidt seconded, to adjourn at 10:00 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk