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HomeMy WebLinkAbout2009.06.01 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY, JUNE 1, 2009 Acting Mayor Becky Petryk called the meeting to order at 7:00 p.m. PRESENT: Haas, Klein, Petryk, Weidt ABSENT: Miron ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Engineer Jay Kennedy, Assistant City Attorney Kevin Sandstrom, and City Clerk Michele Lindau Approval of Minutes for the City Council Meeting of May 18, 2009 Weidt made motion, Haas seconded, to approve the minutes for the May 18, 2009 meeting as amended by Haas. All Ayes. Motion carried. City Council Executive Session on May 18, 2009 Haas made motion, Weidt seconded, to approve the minutes for the executive session on May 18, 2009 as amended by Haas. All Ayes. Motion carried. Approval of Minutes for Workshop with Hugo Fire Fighters Relief Association on May 20, 2009 Weidt made motion, Haas seconded, to approve the minutes for the May 20, 2009 Workshop with the Hugo Firefighters Relief Association as presented. All Ayes. Motion carried. Approval of the Agenda Petryk made motion, Haas seconded, to approved the agenda as amended. Change on G.9 - Meeting with County and May Township on Horse Boarding time changed to 3:00 p.m. Add I.3 - Hugo Good Neighbor Plaque Dedication Ceremony on Sunday, June 7 at 2:00 p.m. Add L.2 - Burning Ban in Effect for Hugo All Ayes. Motion carried. Approval of Ordinance Revisions for Accessory Buildings and Garages Councilmember Petryk removed this item from the Consent Agenda. At its May 14, 2009 meeting, the Planning Commission considered two ordinance text amendments regarding accessory buildings and garages. The Planning Commission took direction from the Hugo City Hugo City Council Minutes for June 1, 2009 Page 2 of 7 Council at its 2009 City Focus Goals where it agreed to review the ordinance to allow an increased size for accessory buildings on properties zoned rural or agricultural. The Planning Commission agreed to amend the size requirements for accessory buildings along with changes to the garages ordinance that would consider detached garages as accessory buildings. Petryk made motion, Klein seconded, to table this item until the next meeting because Mayor Fran Miron was not in attendance. All Ayes. Motion carried. Approval of Consent Agenda Haas made motion, Petryk seconded, to approve the following Consent Agenda: Approval of Claims Approve Temporary Liquor License for St. John's the Baptist Catholic Church for Event on August 23, 2009 Approve Lawful Gambling Permit for North St. Paul Fire Department Relief Association for Event at Wild Wings on September 11, 2009 Approve Pay Request No. 2 from Arcon Construction for Work Completed on the 2009 Street Reconstruction Project Approve Change Order No. 1 for the 2009 Street Reconstruction Project Schedule July 21, 2009 Workshop with Hugo Firefighters Relief Association Approve Easement Agreement with Burlington Northern Railroad for Improvements at 130' Street/TH 61 All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Temporary Liquor License for St. John's the Baptist Catholic Church for Event on August 23, 2009 St. John's the Baptist Catholic Church has made application to the City of Hugo for a Liquor License in order to sell beer and wine at its community event on Sunday, August 23, 2009. City staff has reviewed the application and found it to be satisfactorily complete along with the necessary liquor liability insurance. Adoption of the Consent Agenda approved the temporary liquor license for St. John's the Baptist Catholic Church for a community event on Sunday, August 23, 2009. Hugo City Council Minutes for June 1, 2009 Page 3 of 7 Approve Lawful Gambling Permit for North St. Paul Fire Department Relief Association for Event at Wild Wings on September 11, 2009 The City of Hugo has received an application from the North St. Paul Fire Department Relief Association for a lawful gambling permit for its shotgun event at Wild Wings Game Farm scheduled for Friday, September 11, 2009. The North St. Paul Fire Department Relief Association holds this annual charitable event to raise funds for it Relief Association Pension Fund. City staff has reviewed the application and found it to be satisfactorily complete. Adoption of the Consent Agenda approved the lawful gambling permit for the North St. Paul Firefighters Relief Association for the shotgun event at Wild Wings Game Farm on Friday, September 11, 2009. Approve Pay Request No. 2 from Arcon Construction for Work Completed on the 2009 Street Reconstruction Proiect The City of Hugo has received Pay Request No. 2 from Arcon Construction for work completed to date on the 2009 Street Reconstruction Project. Senior Engineering Technician Steve Duff 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. 2 in the amount of $443,213.18 for work completed to date on the 2009 Street Reconstruction Project. Approve Change Order No. 1 for the 2009 Street Reconstruction Proiect The City of Hugo has received Change Order No. l from Arcon Construction for work on the 2009 Street Reconstruction Project. The Change Order request is related to modifications in the design of the lift station located at the corner of Geneva Avenue and 147th Street. Senior Engineering Technician Steve Duff and Project Manager Diane Hankee from WSB and Associates reviewed the change order, which will result in a $30,000 reduction in the contract cost. Adoption of the Consent Agenda approved Change Order No. 1 for work on the 2009 Street Reconstruction Project. Schedule July 21, 2009 Workshop with Hugo Firefighters Relief Association At its workshop on Wednesday, May 20, 2009, the Hugo City Council agreed to schedule another meeting with members of the Hugo Firefighters Relief Association in order to discuss outcomes from the workshop as well as to address issues raised by association officers. Council agreed to schedule it on a third Tuesday of the month during a regularly scheduled training session. City staff discussed with Hugo Firefighters Relief Association President Tony Bronk available days in July and August and agreed that the date in July would best fit the schedule of its members. Adoption of the Consent Agenda approved scheduling of a workshop with the Hugo Firefighters Relief Association for Tuesday, July 21, 2009 at 7:00 p.m. at the Hugo Fire Hall. Approve Easement Agreement with Burlington Northern Railroad for Improvements at 130th Street/TH 61 The proposed roadway and drainage improvements at the intersection of Highway 61 and 130th Street will encroach into the existing Burlington Northern Railroad right-of-way. City staff has Hugo City Council Minutes for June 1, 2009 Page 4 of 7 been working with Burlington Northern representatives to develop an easement agreement to allow the improvements to take place, a copy of which is included in the City Council packet. Adoption of the Consent Agenda approved the easement agreement with Burlington Northern. Approve Resolution Defining the Administrative Procedures of the Wetland Conservation Act This item was removed by Councilmember Haas for discussion. In 2005 the City of Hugo became the Local Governing Unit (LGU) related to administration of the Wetland Conservation Act (WCA), taking over the responsibility of the Rice Creek Watershed District. Since that time, staff has been implementing the WCA with residents, businesses, and developers in the City. In order to streamline the process, City staff seeks approval of a Resolution delegating routine WCA decisions to City staff. The City Council will continue to review wetland impacts, replacement plans, wetland banking, and appeals if the Resolution is adopted. City Engineer Jay Kennedy explained the resolution would allow for staff to approve certain applications required by the Wetland Conservation Act. Haas made motion, Weidt seconded, to approve RESOLUTION 2009 -18 DEFINING THE ADMINISTRATION PROCEDURES OF THE WETLAND CONSERVATION ACT. Ayes: Haas, Klein, Weidt, Petryk Nays: None Motion carried. Schedule June 16 Meeting with the Washington County and May Township on Horse Boarding Councilmember Haas removed this item from the consent agenda. Commissioner Kriesel and Washington County administration have requested a meeting be scheduled with May Township and the City of Hugo regarding horse boarding. The Washington County Board of Appeal and Equalization meeting is to be held on June 16 at 5:00 p.m. Kevin Corbid from Washington County has suggested the meeting with Hugo and May Township occur prior to the meeting of the Washington County Board of Appeal and Equalization. Staff has discussed with the County dates which would work best for all attendees and found that Tuesday, June 16, 2009 at 3:00 p.m. at Washington County Government Center would work best. Haas suggested a preliminary meeting be held to work on a presentation for the workshop. Haas made motion, Petryk seconded to direct staff to put together a presentation to present to Washington County Board, and to schedule the workshop with Washington County and May Township for June 16, 2009 at 3:00 p.m. at the Washington County Government Center to discuss horse boarding. All Ayes. Motion carried. Update on Good Times Flea Market At its May 4, 2009 meeting, the Hugo City Council discussed the proposed Good Times Flea Market with operator Jared Culp and business partner John Glassel. Council informed Jared and John that they were not pleased with their efforts and that they should work with City staff in Hugo City Council Minutes for June 1, 2009 Page 5 of 7 making an application for an interim use permit for the Good Times Flea Market, which could take place sometime in late summer or fall. Their intention was to open the flea market on the weekend of May 9-10. Community Development Director Bryan Bear shared with Council the most current information. John Glassel did open the flea market but it was greatly minimized by the actions of Jared Culp, who notified vendors to not appear, and Pete Sampair, who restricted access to the site. Owner of the former Stock Lumber site Pete Sampair has taken John Glassel to Court in order to serve him with an eviction notice. Judge Susan Miles has evicted Glassel as of July 5, 2009 and he will be operating only his lawn mower repair service at the site until that time. No other items are permitted to be brought on to the site. No formal action was taken by the Council. Update on Hugo Good Neighbors Food Shelf and Appointment of City Ex -Officio Member At its May 18, 2009 meeting, Hugo City Council members listened to an update from City Administrator Mike Ericson and Council member Tom Weidt in regard to the selection of the Board of Directors to provide policy direction to the operation of the Hugo Good Neighbors Food Shelf. The Board of Directors has held its meeting and selected its officers including its Executive Director Debbie Peterson who will run the day-to-day operations of the volunteer organization. City Administrator Mike Ericson provided Council an update on the Hugo Good Neighbors Food Shelf including solicitation of a City member to serve as an ex -officio non- voting member on the Board of Directors. Margo Geving, president of the Hugo Good Neighbors Food Shelf, informed the Council the Board has held two meetings, with the next meeting scheduled for June 18th at 6:00 p.m., and the Board was close to finalizing their bylaws and will be working on their tax exempt status. The food shelf was currently open from 4:00 - 7:00 p.m., Monday thru Thursday, and they were always looking for volunteers and food donations. The Council will attend the 4:00 p.m. Ribbon Cutting Ceremony on Friday, June 5, 2009. Haas made motion, Weidt seconded, to appoint City Administrator Mike Ericson as the ex - officio City of Hugo member of the Hugo Good Neighbors Food Shelf Board of Directors. All Ayes. Motion carried. Authorize Ordinance Review Committee to Review Ordinance on Variances At its goal setting session earlier this year, the Planning Commission included a goal to review variance procedures with the intention of allowing for additional administrative review and approval of minor variances. In addition, during the consideration of the sign ordinance the City Council wished to see more flexibility in allowing exceptions from ordinance requirements for variances. City staff recommended that the Council request the Ordinance Review Committee to review the variance procedures and make recommendations for any changes to the Planning Commission and City Council. The Ordinance Review Committee consists of Councilmembers Weidt and Klein, and Planning Commission members Rosenquist, Moore, and Galler. Klein made motion, Petryk seconded, to direct the Ordinance Review Committee to review variance procedures and make recommendations for any changes to the Planning Commission and City Council. All Ayes. Motion carried. Hugo City Council Minutes for June 1, 2009 Page 6 of 7 Approve Cost Share Agreement with RCWD to Develop Regional Storm Water Treatment CIP Water Resource Engineer Pete Willenbring has been working with the Rice Creek Watershed District (RCWD) to develop a cooperative agreement that will allow for the development of storm water management solutions and water re -use options that can be applied on a regional scale to the benefit of the City and RCWD as a whole. Water Resources Engineer Pete Willenbring provided Council with an overview of the proposed agreement. Pete explained the RCWD and the City of Hugo are faced with future restrictions in total maximum daily load allocations (TMDL) for areas tributary to Hardwood Creek and Clearwater Creek. The cost and impact of these restrictions could be significant, and to most effectively meet future TMDL allocations and RCWD plan requirements, a joint study with the RCWD and City of Hugo was developed to identify treatment projects that address needs on a regional basis rather than individual improvements on each site. The study will also specifically focus on re -use of stormwater runoff for irrigation. The Scope of Work is estimated at $137,780, and the City of Hugo is asked to contribute $25,000 toward to project. Petryk made motion, Haas seconded, to approve the Scope of Work and authorize moving ahead with the project upon execution of a cost share agreement with the RCWD. All Ayes. Motion carried. Discussion on Ordinance Violation at 5941 Oneka Lake Boulevard (Viola Maslowski) In fall of 2008 the City received a complaint regarding junk vehicles and debris on Viola Maslowski's property located at 5941 Oneka Lake Blvd N. Staff sent a letter and set up a meeting with the property owner in December 2008. At that time Ms. Maslowski and her son Ken set a date of March 31, 2009 to remove the junk vehicles and miscellaneous junk from the property. Staff followed up with this complaint after March 31St to find little to no progress being made on the property. Staff sent a final notice to the property owner on May 5, 2008 asking once again that the property be brought up to code by May 25, 2008. Since the final notice, there has been some noticeable progress, however the property still has not been brought up to conformance. Viola and her son Ken Maslowski were present at this meeting. Community Development Bryan Bear showed pictures of the property taken in March, and Ken pointed out where progress has been made in the removal of junk. Klein made motion, Haas seconded, to allow the Maslowskis until June 30, 2009 to clean up the property, removing the remaining junk and unlicensed vehicles. After some discussion, Klein withdrew his motion and Haas withdrew his second. Weidt made motion, Klein seconded to allow the Maslowskis until June 15, 2009 to clean up the property, removing the remaining junk and unlicensed vehicles and place this item on the June 15, 2009 City Council agenda for discussion. All Ayes. Motion carried. Hugo City Council Minutes for June 1, 2009 Page 7 of 7 Hugo Good Neighbor Plaque Dedication Ceremony on Sunday, June 7 at 3:00 p.m. City Administrator Mike Ericson informed the Council that Katie Riopel "The Parade Lady" has invited the Mayor and Council to the ceremony dedicating the plague honoring the current and past "Hugo Lions Good Neighbors" The ceremony will take place on Sunday, June 7, 2009 at 2:00 p.m. at Hugo City Hall. Petryk made motion, Klein seconded, to schedule Sunday, June 7, 2009 at 2:00 p.m. as a Hugo City Council meeting to allow attendance at the Hugo Good Neighbor Plaque Dedication Ceremony to be held at Hugo City Hall. All Ayes. Motion carried. League of Minnesota Cities Board of Directors Vacancies City Administrator Mike Ericson informed the Council of vacancies on the League of Minnesota Cities Board of Directors. Director terms are for three years and services involve attending monthly Board meetings and 1-2 two-day retreats. Applications are due no later than June 5, 2009. Burning Ban in Effect for Hugo City Administrator Mike Ericson was informed by Fire Chief Jim Compton that a fire ban was in effect for the entire City of Hugo until further notice. Miscellaneous City Administrator Mike Ericson informed Council that Carolyn Kay, original member of the City Hall Garden Club Committee, has planted flowers again this year in the planters outside City Hall. Council directed staff to send her a letter of thanks for the generous donation of her time. Adjournment Haas made motion, Weidt seconded, to adjourn at 8:10 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk