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HomeMy WebLinkAbout2009.04.20 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY, APRIL 20, 2009 Mayor Fran Miron called the meeting to order at 7:01 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Engineer Jay Kennedy, City Attorney Dave Snyder, Associate Planner Rachel Simone, and City Clerk Michele Lindau Approval of Minutes for City Council Meeting of April 6, 2009 Petryk made motion, Haas seconded, to approve the minutes for the April 6, 2009 meeting as presented. All Ayes. Motion carried. Approval of the Agenda Miron made motion, Klein seconded, to approved the agenda as amended. Add: J.5 Hugo Firefighters Relief Association Meeting on May 20, 2009 L.1 Update on Rice Creek Watershed District Meeting on April 16, 2009 K.1 John Arcand All Ayes. Motion carried. Presentation of 2008 Planning Commission Annual Report Each year, The Community Development Department prepares an annual report on the activities of the Hugo Planning Commission, including the Community Development Department and the Building Department. Community Development Bryan Bear presented the 2008 Planning Commission Annual Report which showed new home permits dropped over the past years due to the housing market decline but did increase by 20 permits for single family homes since 2007, with commercial and industrial remaining strong. Overall, permits and inspections increased in 2008 as a result of the May 25, 2008 tornado disaster and hail storm. In 2008, there were a total of 9,207 inspections compared to 5,650 inspections in 2007, mostly for roofing, siding, and window inspections. Of those permits 2,168 remain open. In 2009 there were 188 permits issued for new homes and the City could expect less permits this year due to the housing market. Haas made motion, Klein seconded, to accept and approve the Planning Commission Annual Report. All Ayes. Motion carried. Hugo City Council Minutes for April 20, 2009 Page 2 of 11 Approval of Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Renewal of 2:00 a.m. Closing Time for Sal's Angus Grill Approve Renewal of 2:00 a.m. Closing Time for Carpenters Steakhouse Approve Temporary 3.2 Liquor License for Hugo Lions Club for Hugo Good Neighbor Days on June 4-7, 2009 Approve Application for Lawful Gambling License for Hugo Lion's Raffle at Hugo Good Neighbor Days on June 4-7, 2009 Approve Authorization to Advertise for the Sale of Hugo Fire Department's Portable Radios Approve Application to Conduct Off -Site Gambling for the Hugo American Legion Hugo Good Neighbor Days on June 4-7, 2009 All Ayes. Motion carried. Approval of Claims Adoption of the consent agenda approved the Claims Roster as presented. Approve Renewal of 2:00 a.m. Closing Time for Sal's Angus Grill Sal's Angus Grill, 12010 Keystone Avenue North, has applied to the City for renewal of its 2:00 a.m. closing time. City staff has reviewed the application and found it to be satisfactorily complete. Adoption of the consent agenda approved the application for a 2:00 a.m. closing time for Sal's Angus Grill. Approve Renewal of 2:00 a.m. Closing Time for Carpenters Steakhouse Carpenters Steakhouse, 14559 Forest Boulevard North, has applied to the City for renewal of its 2:00 a.m. closing time. City staff has reviewed the application and found it to be satisfactorily complete. Adoption of the consent agenda approved the application for a 2:00 a.m. closing time for Carpenters Steakhouse. Approve Temporary 3.2 Liquor License for Hugo Lions Club for Hugo Good Neighbor Days on June 4-7, 2009 The City has received an application from the Hugo Lions Club for a temporary 3.2 liquor license in order for the Lions to sell 3.2 beer at Hugo Good Neighbor Days scheduled for June 4- 7, 2009. City staff has reviewed the application and found it to be satisfactorily complete with the submittal of the necessary liquor liability insurance coverage which names the City of Hugo as additionally insured. Adoption of the consent agenda approved the temporary 3.2 license for the Hugo Lions so they can sell 3.2 beer at Hugo Good Neighbor Days on June 4-7, 2009. Hugo City Council Minutes for April 20, 2009 Page 3 of 11 Approve Application for Lawful Gambling License for Hugo Lion's Raffle at Hugo Good Neighbor Days on June 4-7, 2009 City staff has received an application for a Lawful Gambling License from the Hugo Lion's Club in order to conduct as raffle at its annual Good Neighbor Days Event scheduled for June 4-7, 2009. City staff has reviewed the application and found it to be satisfactorily complete. Adoption of the consent agenda approved the Lawful Gambling License for the Hugo Lion's Club in order to conduct a raffle at its annual Good Neighbor Days event scheduled for June 4-7, 2009. Approve Resolution for Request to MnDot for Speed Study on TH 61 North of 147th Street The speed of traffic on Highway 61 north of 147th was raised as an issue by residents at the neighborhood open house with the residents as part of the 2009 Street Reconstruction Project. Currently, the location of the transition from 55 miles per hour to 35 miles per hour for southbound vehicles is located just south of 150th Street. It is appropriate to review the location of the speed transition in light of the proposed improvements to the TH 61/147th Street intersection. As Council is aware, MnDOT is responsible for setting speed limits and does so through the use of a speed study. City Engineer Jay Kennedy prepared a resolution for a formal request to MnDOT for a speed study on TH 61 at the 147th Street Intersection. Adoption of the consent agenda approved RESOLUTION 2009-12 AUTHORIZING THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) TO COMPLETE A SPEED STUDY ON STATE TRUNK HIGHWAY NO. 61 BETWEEN 152ND STREET AND 147TH STREET. Approve Authorization to Advertise for the Sale of Hugo Fire Department's Portable Radios At its January 5, 2009 meeting, the Council approved the Communications System Subscriber Agreement with Washington County for the implementation of the 800 MHz communication system. The new radios will take the place of the portable radios now used by the Hugo Fire Department. Deputy Fire Chief Jadon 011ila is requesting authorization to advertise for the sale of these radios. Adoption of the consent agenda approved the advertisement for sale of the Hugo Fire Department's portable radios. Approve Application to Conduct Off -Site Gambling for the Hugo American Legion Hugo Good Neighbor Days on June 4-7,2009 City staff has received an application for an Off -Site Gambling License from the Hugo American Legion in order to conduct pull -tabs and bingo at the annual Good Neighbor Days scheduled for June 4-7, 2009. City staff has reviewed the application and found it to be satisfactorily complete. Adoption of the consent agenda approved the Off -Site Gambling License for the Hugo American Legion in order to conduct bingo at its annual Good Neighbor Days event scheduled for June 4- 7,2009. Approve Rescheduling of I-35 W/E Coalition Meeting to April 30, 2009 Councilmember Haas removed this from the consent agenda. At its December 5, 2008 meeting, the Hugo City Council scheduled the first meeting of 2009 for the I-35 W/E Coalition meeting for April 23, 2009. Since that time, staff has received notification from Coalition members that Hugo City Council Minutes for April 20, 2009 Page 4 of 11 they are unable to attend the event, and the Hugo City Council will hold its annual Board of Equalization meeting the same evening as well. City staff recommended Council reschedule its I-35 W/E Coalition meeting to Thursday, April 30, 2009 at 7:00 p.m. at Hugo City Hall. Councilmember Haas asked for an update on the funding for the I-35 W/E and CSAH14 interchange. City Administrator Mike Ericson informed the Council the project has moved from the Transportation Advisory Committee (TAC) to the Transportation Advisory Board (TAB), with a recommendation that $15 million in stimulus funds has been approved to be spent on the project Haas made motion, Weidt seconded, to approve the rescheduling the I-35 W/E Coalition meeting to Thursday, April 30, 2009 at 7:00 p.m. at Hugo City Hall. All Ayes. Motion carried. Approve Appointment of Marie (Bunny) Peterson to the 2010 U.S. Census Committee Councilmember Petryk removed this from the consent agenda. City of Hugo has received notice from the U.S. Census Bureau that it has begun its initial work in preparation of the 2010 Census, which will involve the City of Hugo to a limited extent. Opportunities for citizen volunteers to assist the City of Hugo are available. Resident Marie (Bunny) Peterson has volunteered her services to the City of Hugo. City staff met recently with Bunny on two occasions to go over the responsibilities and duties as the citizen volunteer on the 2010 Census Committee. Bunny agreed that she is ready to accept the volunteer challenge and assist the City of Hugo in any way possible in promoting the 2010 Census. Bunny was in attendance, and Councilmember Petryk welcomed her and thanked her for volunteering. Any resident interesting in helping Bunny on the Census Committee would be appreciated. Petryk made motion, Weidt seconded, to appoint Marie (Bunny) Peterson to the 2010 U.S. Census Committee and provide necessary staff assistance as needed. All Ayes. Motion carried. Approve Purchase of Toro 4100-D Mower for the Public Works Department Councilmember Haas removed this item from the agenda. Included in its 2009 City Budget, the Hugo City Council included funding for the purchase of a large area -wide mower for the mowing and maintenance of the new Rice Lake Park Athletic Complex. Public Works Director Scott Anderson met with recently with Council members Phil Klein and Tom Weidt to discuss the Public Works budget along with this purchase, which is necessitated by the need to maintain and prepare the fields for use. Hass noted that, though the mower was not being purchased at the local Feed Mill, they were contacted and given consideration in the purchase. Weidt added that the mower greatly reduces the time spent moving the Rice Lake Park Athletic Complex soccer fields as well as the Beaver Ponds Park fields. It was also noted that Public Works Director Scott Anderson was successful in saving an additional $3,000 over the standard state bid contract. Weidt made motion, Haas seconded, approve the purchase of the mower from MTI, Distributing in the amount of $48,376.68. Hugo City Council Minutes for April 20, 2009 Page 5 of 11 All Ayes. Motion carried. Approve Contract Agreement with Delta Dental for City Employees Councilmember Haas removed this item from the consent agenda. For the past several months, Finance Director Ron Otkin has been reviewing the City's current dental insurance coverage with Health Partners for opportunities to save dollars while increasing dental insurance coverage. Several months ago, Ron met with representatives from Delta Dental who is the largest dental insurance provider in the country. Through discussion, Ron agreed to present the Delta Dental insurance package to City employees while working to reduce the City's contribution for insurance coverage. Hugo City employees were pleased with the new dental insurance coverage and agreed that a significant dollar savings in insurance coverage will allow the City of Hugo to save money and provide the same or better insurance coverage. Councilmember Haas stated he appreciated the Finance Department's work in finding additional savings in the dental plan and hoped the health insurance plan would also be considered. He pointed out that Council members do not participate in any health or dental plans of the City. Haas made motion, Klein seconded, approve the contract agreement with Delta Dental for dental insurance coverage for Hugo City employees, which will result in an annual savings to the City of Hugo in an amount of $5,945.28 per year. All Ayes. Motion carried. Proposed Ordinance on Rental Housing Included in the Council's 2009 City Focus Goals was a request to review economic trends in the City through a proposed Rental Housing Ordinance. Over the past several months, City staff has worked through the Economic Development Authority and held meetings with home owner associations in regard to the topic of rental housing and whether the City of Hugo should play a role in the preparation of an ordinance to regulate rental housing. At its February 17, 2009 meeting, Council directed staff to schedule a public hearing in order to consider a proposed Rental Housing Ordinance. With a recommendation from the Economic Development Authority, City staff has prepared a proposed ordinance which would regulate rental housing in the City of Hugo, at no cost to the homeowner with a requirement of registration with the City of Hugo. Associate Planner Rachel Simone made a presentation on the history of the issue of rental housing and an ordinance for consideration by Council. Mayor Fran Miron opened the public hearing in order to take any and all public comment on the proposed ordinance. There were no comments from the audience, so he closed the public hearing. Council discussed public safety issues and whether the ordinance was necessary, or if it would be an additional burden on property owners and staff. Haas made motion, Weidt seconded, to approve the proposed ordinance which would regulate rental housing in the City of Hugo. Ayes: Haas, Weidt Nays: Petryk, Klein, Miron Motion failed. Hugo City Council Minutes for April 20, 2009 Page 6 of 11 I.1 Discussion on Xcel Energy Installation of Redesigned Power Poles in Victor Gardens At its November 3, 2008 meeting, the Hugo City Council listened to a presentation from John Wertish, Community Services Manager from Xcel Energy, as he explained Xcel Energy's need to install additional power poles for additional transmission lines to address the need for power in Water's Edge and Victor Gardens neighborhoods. John explained that Xcel Energy would be installing power poles in Xcel Energy's right-of-way easement, which runs diagonally southwest of its power station on TH61 across the street from the Creekview Preserve neighborhood. Council discussed with John the rational for installing above -ground power lines as well as underground power lines. John explained that if power lines were installed underground in the Victor Gardens retail neighborhood, the City of Hugo would be responsible for that cost as per the City's franchise agreement. John stated that Xcel Energy engineering officials would prepare a construction plan with a redesign of power poles for the Victor Gardens retail center and he would bring back the new redesign at a later date. On April 9, 2009, City staff met with John Wertish and representatives from Xcel Energy to review the proposed power pole redesign and were pleased with the work of the engineering department in order to provide a single pole that is taller than the current power poles, which is necessary to install all transmission lines with a ten - foot separator of the current power lines. Staff was very pleased with the newly designed metal power poles which aesthetically will be much improved over the wooden creosote coated power poles. John Wertish made a presentation to the City Council on the new construction plan for the power poles and project, and he said they hoped to be finished by peak season, which was June, to provide load relief in the Waters Edge Development area. He also pointed out the City would get additional property tax dollars on the increased value of the power poles. Haas made motion, Klein seconded, approve installation of the redesigned power poles in the Victor Gardens neighborhood. All Ayes. Motion carried. Discussion on Establishment of Ordinance Review Committee For the past year, the City Council had established a code enforcement committee that was assigned the task of reviewing ordinances and proposing revisions to those ordinances. The committee had worked on the nuisance ordinance, junk vehicle ordinance, large recreation vehicle ordinance, and most recently, the sign ordinance. On that committee was Council members Becky Petryk and Tom Weidt and former Councilmember Frank Puleo. Planning Commissioner Bob Rosenquist, Adam Moore, and Doug Galler have volunteered to be a part of a new ordinance review committee. This item was table by the Council at its April 6, 2009 meeting due to lack of time. Weidt made motion, Klein seconded, to establish an ordinance review committee. Weidt made motion, Haas seconded, to amend the motion to appoint Weidt and Klein to the ordinance review committee. Miron made motion, Petryk seconded, to amend the amendment to allow the City Council discretion to appoint additional members if they choose to. Vote on the amendment to the amendment: All Ayes. Motion carried. Hugo City Council Minutes for April 20, 2009 Page 7 of 11 Vote on amended amendment: All Ayes. Motion carried. Vote on original motion as twice amended: All Ayes. Motion carried. Report on April 13, 2009 Meeting with City of Grant and May Township on Horse Boarding and Livestock Classification During 2008, Washington County reviewed the operations of all horse boarding and/or training operations within the county. Information was gathered related to the specifics of each operation, for example the number of horses boarded, number of personal horses, training facilities, and the total acres used as part of the operation. The information gathered was used to make classification decisions for the 2009 assessment. At the April 6, 2009 Council meeting, City Assessor Frank was in attendance to answer questions. After discussion, Council agreed that this issue was very important and directed City Staff to hold a meeting with owners of horse boarding operations to discuss the issue including options for the operators before the City's April 23, 2009 Board of Equalization meeting. Mayor Fran Miron and Councilmember Chuck Haas contacted staff the next day to request that a joint meeting be held with the City of Grant and May Township on Monday, April 13, 2009 in order to provide necessary and timely information to the County Board if necessary prior to the City's April 23, 2009 Board of Equalization meeting. At the April 13th meeting, City and Town officials agreed that resolutions of support should be drafted and presented to the Washington County Board requesting that no changes be made to the current classification, and that the Cities and Township should formally support the legislation prepared by State Senator Ray Vandeveer and Representative Bob Dettmer to clarify the classification of horse boarding and livestock. Staff had prepared a resolution for Council to consider. Residents Beth Miner, 8131 140th Street North, and Mary Armstrong, 4652 165th Street addressed the council regarding the classification on their property and the upcoming Board of Equalization meeting. Klein made motion, Weidt seconded, to approve RESOLUTION 2009-13 SUPPORTING AN AGRICULTURAL CLASSIFICATION OF PROPERTIES WHERE HORSE BOARDING AND/OR TRAINING OPERATIONS OCCUR, and forward it to Washington County, the City of Grant, and May Township. All Ayes. Motion carried. Staff was directed to Discussion on Citizen Petition for Improvements to Goodview Avenue South into Grant City staff was contacted by Councilmember Chuck Haas who was contacted by residents living on or near Goodview Avenue South who are interested and supportive of improvements to the gravel road which has been posted as a minimum maintenance road by the City of Grant. A petition has been circulated by both White Bear Township and Hugo residents which formally requests that the City of Grant turn over maintenance and control of the road to the County. The City has received notice by Nelson Law Offices that the petitions have been forwarded to Washington and Ramsey Counties. Hugo City Council Minutes for April 20, 2009 Page 8 of 11 Miron made motion, Haas seconded, to direct staff to send an invitation to the City of Grant elected officials, White Bear Lake Township, and Counties requesting a meeting. All Ayes. Motion carried. City Attorney Dave Snyder suggested an agenda be established in advance of the meeting to discuss issues of individual concern. Update on April 7, 2009 Phases of Disaster Meeting at Oneka Elementary School At its February 17, 2009 meeting, the Long Term Disaster Recovery Committee scheduled the 2nd Phases of Disaster meeting at Oneka Elementary School for Tuesday, April 7, 2009 from 5:45-8:15 p.m., and they requested the attendance of the Hugo City Council. As Council is aware, the Phase of Disaster meeting was an opportunity for professional social service workers and psychologists to discuss with residents who survived the tornado the issues that they are facing. The event was held at Oneka Elementary School and was attend by more than 50 family members including a number of children who received severe weather awareness coping skills from Paws for Learning, which utilizes dogs as friends to children. The adult portion of the evening was facilitated by Cindy Johnson, Director of Disaster Services for Lutheran Social Service/Lutheran Disaster Response and Romelle Johnson a clinical psychologist. Mayor Miron, Councilmember Becky Petryk, City Administrator Mike Ericson, and Administrative Intern Shelly Clausen attended this meeting. Councilmember Petryk informed the Council and public that suggestions were needed on how to commemorate the one-year anniversary of the tornado event, and Mayor Miron talked about the media interest and suggested a media conference be held approximately one-week in advance of the anniversary date and allow family members to participate if they choose to do so. Miron made motion, Petryk seconded, to schedule a media conference. All Ayes. Motion carried. Update on April 15, 2009 Severe Weather Presentation by KARE11 Sven Sungaard On Wednesday, April 15, 2009, KAREI I Meteorologist Sven Sungaard provided a severe weather awareness presentation to the residents of Hugo at Hugo City Hall in the Council Chambers, with the Oneka Room used for the overflow crowd. Sven shared a PowerPoint presentation, followed by questions from the audience. Councilmember Becky Petryk was at the meeting and said it was very well attended and informative. Update on TH 61/130th Street intersection City staff met with MnDot officials on Thursday, April 16, 2009, to discuss the installation of a traffic signal at the intersection. City Engineer Jay Kennedy provided Council with an update on the meeting. No decision has yet been made on the signal, and MnDot was in need of additional information that WSB will be delivering to MnDOT. Jay will continue working with MnDot officials and keep the Council informed of the progress. Hugo City Council Minutes for April 20, 2009 Page 9 of 11 Discussion on Finn -Daniels Concept Plan for City -Owned Propertv Over the past several months, architects from Finn -Daniels Architects have been discussing with the Economic Development Authority and the Planning Commission concept plans for the redevelopment of the property on the east side of TH61 next to Egg Lake. After several designs and concepts presented to the EDA and Planning Commission, the architects wanted to make a concept presentation to the Hugo City Council for suggestions to improve the concept plan design as well as next steps in order to proceed with the redevelopment of the City -owned property. Associate Planner Rachel Simone presented the plan to the Council and discussed with Council the building placement, open space with views to Egg Lake, and building architect. Developers Mark Finnemann and Richard Fischer attended the meeting, and Mark explained the phasing of the project and the need for a future access to Highway 61 for the second phase, which would include the senior complex. No formal action was taken. Discussion on Storm Shelters and Safe Rooms Included in its 2009 City Focus Goals, the Hugo City Council agreed to review the request made from residents living in the Waters Edge neighborhood in the townhomes, which were constructed on concrete slabs without basements. Council directed staff to review statutory obligations for municipalities regarding storm shelters and safe rooms. Community Development Director Bryan Bear shared with Council the research completed by the Building Department in regard to storm shelters and safe rooms, which are a concern to residents during the severe weather and tornadoes in the spring and summer. According to State Building Codes, storm shelters are a requirement for manufactured home parks only, and safe rooms are not contemplated in the Code. Hugo staff surveyed other cities, and of the 30 cities that responded, only the City of Lakeville requires safe rooms in their zoning ordinance, which are required to be constructed to FEMA guidelines. Betty Zuettel, 5164 128th Street North, attended the meeting and had provided the Council a petition signed by 30 neighbors requesting the City work with the school district to designate a person, or persons, to be responsible to open the doors for neighborhood residents in the case of an emergency. Miron made motion, Klein seconded, to direct staff to initiate discussion with the White Bear Lake School District and the Hugo Fire Department to open Oneka Elementary School as a safe haven in a storm event. All Ayes. Motion carried. Miron made motion, Weidt seconded, to direct staff to draft language to promote and encourage developers to provide safe room options. All Ayes. Motion carried. Miron made motion, Klein seconded to engage the fire department and Washington County Emergency Management in discussions with the community on what to do in the case of severe weather if there was no basement. All Ayes. Motion carried. Hugo City Council Minutes for April 20, 2009 Page 10 of 11 Discussion on SF 1110 Legislation At its April 6, 2009 meeting, Mayor Fran Miron asked that this new legislation be placed on the Council's agenda for discussion. Due to lack of time, this issue was not discussed by Council until this meeting. Staff requested direction from Council as to its discussion on Senate File 1110 that involves regulation of wildlife management areas, which would involve the regulation of the Paul Hugo Farms Wildlife Management Area adjacent to Rice Lake. The Council discussed how the legislation to exempt wildlife management area from certain local ordinances would effect the health, safety, and well being of the community, or whether it was an overzealous attempt for the City to regulate hunting and shooting areas. Miron made motion, Petryk seconded, to oppose this exemption in legislation. Ayes: Klein, Petryk, Weidt, Miron Nay: Haas Motion carried. Discussion on White Bear Area Chamber of Commerce Business & Achievement Awards - Monday, April 27, 2009. The City of Hugo has been invited to attend the White Bear Area Chamber of Commerce Business and Achievement Awards which is scheduled for Monday, April 27, 2009 from 11:30 a.m. to 1:00 p.m. This annual awards banquet is an opportunity for the Chamber to recognize members in a variety ways including significant achievements accomplished by local area businesses. The guest speaker is Governor Tim Pawlenty. Miron made motion, Haas seconded, to schedule Monday, April 27, 2009 as a City Council meeting to allow Council attendance at the White Bear Area Chamber of Commerce Business & Achievement Awards. All Ayes. Motion carried. Schedule Meeting with Hugo Firefighter Relief Association for Wednesday, May 20, 2009 At its March 16, 2009 meeting, the Council discusses the Hugo Firefighters Relief Association funds and the need to discuss it in more detail in the future. Firefighter Relief Board Member Tony Bronk has invited the Council to a workshop with the Hugo Firefighters Relief Association on Wednesday, May 20, 2009 at 7:00 p.m. at the Hugo Fire Hall to discuss financial matters and the future direction of the Association in partnership with the City of Hugo. Miron made motion, Petryk seconded, to schedule Wednesday, May 20, 2009 at 7:00 p.m. at the Hugo Fire Hall as a Council workshop with the Hugo Firefighters Relief Association. All Ayes. Motion carried. Hugo City Council Minutes for April 20, 2009 Page 11 of 11 Signup for CERT Training in Fall, 2009 Schedule Annual Performance Review for City Administrator Mike Ericson Carnelian Marine -St. Croix Watershed District Accepting Applications for Advisory Board Update on Rice Creek Watershed District Meeting on April 16, 2009 Miron made motion, Haas seconded, to table the above four items until the next regularly scheduled meeting of the council on May 4, 2009, due to the lack of time All Ayes. Motion carried. Adiournment Petryk made motion, Klein seconded, to adjourn at 10:00 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk