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HomeMy WebLinkAbout2009.08.03 CC MinutesMINUTES FOR THE CITY COUNCIL MEETING OF MONDAY AUGUST 3, 2009 Mayor Fran Miron called the meeting to order at 7:05 p.m. PRESENT: Haas, Klein, Petryk, Weidt, Miron ABSENT: None ALSO PRESENT: City Administrator Mike Ericson, Community Development Director Bryan Bear, City Attorney Dave Snyder, City Engineer Jay Kennedy, Administrative Intern Shayla Severson, and City Clerk Michele Lindau Approval of Minutes for the City Council Meeting of July 20, 2009 Weidt made motion, Klein seconded, to approve the minutes for the July 20, 2009 meeting as presented. Hugo Fire Department Relief Association Workshop on July 21, 2009 Petryk made motion, Weidt seconded, to approve the minutes for the July 21, 2009 Workshop with the Hugo Fire Department Relief Association as presented. Approval of the Agenda Miron made motion, Haas seconded, to approved the agenda as amended. Remove I.1 Discussion on Scoping Estimate for Undergrounding Power Lines on TH 61 - John Wertish, Xcel Energy Add L7 John Arcand Presentation of Joe Sheehan, One Day Floors Donation of Floor Coating for Hugo Good Neighbors Food Shelf Building- Debbie Peterson, Executive Director of Good Neighbors Food Shelf At its May 4, 2009 meeting, the Hugo City Council approved a lease agreement with the Hugo Good Neighbors Food Shelf for use of the youth garage located immediately west of the City Hall parking lot. The reuse of the youth garage was accepted by both the Hugo Lions member Katie Riopel and the Hugo Lions Club with the relocation of the youth garage into the current Lions building. The Food Shelf was open for use during the Hugo Good Neighbors days festival with a grand opening on Friday, June 5, 2009. Hugo Good Neighbors Food Shelf Board Member Chantell Knauss solicited interest from a local vendor for installation of a new floor coating for the food shelf building from One Day Floor owner Joe Sheehan. Joe and his crew installed a brand new floor coating for the building at no cost to the Hugo Food Shelf. Good Neighbors Food Shelf Executive Director Debbie Peterson, and Board Members Margo Geving and Chantell Knauss publicly thanked Joe for his generous donation to the Hugo Good Neighbor Food Shelf. Hugo City Council Meeting August 3, 2009 Page 2 of 9 Presentation of Lyme Disease Program and New Legislative Bill- Minnesota Lyme Action Support Group, Betty Maloney and Brenda Morency Members from the MN Lyme Action Support Group (MLASG) Jan Thietje, Outreach Coordinator, and Betty Maloney, Medical Advisor, attended the Council meeting to provide information related to Lyme Disease and a new legislative bill considered by the MN State Legislature. Jan explained the MN Lyme Support Group is a non-profit 501c3 corporation involved in the education and support of those who are affected by Lyme disease. The group meets on the second Tuesday of each month at the Hosanna Lutheran Church, and membership has increased from 25 members in 2006 to over 300 members today. Betty provided background statistics on the disease saying the number of cases has tripled in the past ten years with many cases unreported. Lyme disease is a bacterial infection treated with antibiotics, which can involve many parts of the body. Twenty to 40% of those infective have no rash, and blood test are often inaccurate; therefore, many people go undiagnosed with flu like systems. The MN Lyme Action Support Group is requesting local governments put signage in parks and promote education on prevention of the disease as well as enhance the Hugo website with a link to theirs at www.msalg com They are also requesting support of Senate File #1631, which protects physicians who treat the disease. Their next meeting is on Tuesday, August 11, 2009. The Council discussed using Hugo City owned facilities to host meetings in the future, putting an article about Lyme Disease in the next City newsletter, and a possible interview with MLASG on the Hugo cable show "That's Hugo, Today". Weidt made motion, Klein seconded, to direct the Parks Commission to put signs in the City parks and work with the MN Lyme Action Support Group on establishing a plan for future meetings in Hugo. All Ayes. Motion carried. Approval of Consent Agenda Petryk made motion, Klein seconded, to approve the following Consent Agenda: Approval of Claims Approve Resignation of Hugo Firefighter Don Sames Approve Annual Performance Review for Public Works Worker Mike Loeffler Approve Amendment to Lease for Bruce and Virginia Bernin at 6540 Green Ave for an Extension Through June 1, 2017 Approve Pay Request No. 5 from Arcon Construction for Work Completed on 2009 Street Reconstruction Project Approve Appointment of Bronwen Kleissler to the Ordinance Review Committee Approve Prospective Consent to Briggs and Morgan's Representation of Xcel Energy and its Affiliates Approve Installation Roof Overhang Extensions at the Public Works Building Approval of Parks Commission to Create a Park Rules Ordinance All Ayes. Motion carried. Hugo City Council Meeting August 3, 2009 Page 3 of 9 Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve resignation of Hugo Firefighter Don Sames Fire Chief Jim Compton received a letter of resignation from Hugo Firefighter Don Sames. Don sites a change in the operation of the Hugo Fire Department and his desire to step down. Fire Chief Jim Compton recommends Council approve the resignation of Don Sames and thank him for his five years of dedicated public service to the citizens of Hugo. Adoption of the Consent Agenda approved the resignation of Hugo Firefighter Don Sames. Approve Annual Performance Review for Public Works Worker Mike Loeffler Mike Loeffler was hired as one of the new maintenance workers for the City of Hugo's Public Works Department on August 5, 2002. Over the past seven years Mike has demonstrated an excellent work ethic and commitment and loyalty to the Hugo Public Works Department while completing his maintenance duties with his primary focus as the City's grader operator. The City of Hugo continues to receive compliments on the condition of its 34 miles of gravel roads which is a reflection of the professionalism in Mike Loeffler's work for the City of Hugo. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Mike Loeffler. Approve Amendment to Lease for Bruce and Virginia Bernin at 6540 Green Ave for an Extension Through June 1, 2017 In 2002, the City of Hugo approved a purchase agreement with Bruce and Virginia Bernin for their 23 acre parcel located at 6540 Greene Avenue North, which is the site of the Bernin Christmas Tree Farm. In May, 2002 Bruce and Virginia agreed to sell their property to the City of Hugo for a future City park. The acquisition of their property was partly offset by a $275,000 grant from the MN DNR. For the past several months, the Bernins have worked with City staff in seeking an extension to their lease from its original ten-year length. Bernins are requesting a five-year extension to the ten year lease under which they would make monthly payments to stay on the property after 2012. City Attorney Dave Snyder provided the City of Hugo and the Bernins with a revised lease agreement that will provide a 5 year extension ending June 1, 2017. At the request of the Bernins, under the amendment the property shall no longer be used for the operation of a tree farm. Also, the Lessee will pay $44,750 as rent for the 5 year term, payable in monthly installments of $745.83. Adoption of the Consent Agenda approved the amendment to the lease agreement for Bruce and Virginia Bernin for their home at 6450 Green Avenue North through June 1, 2017. Approve Pay Request No. 5 from Arcon Construction for Work Completed on 2009 Street Reconstruction Proiect The City of Hugo has received a request 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. 5 in the amount of $37,677.38. Hugo City Council Meeting August 3, 2009 Page 4 of 9 Approve Appointment of Bronwen Kleissler to the Ordinance Review Committee At its July 23, 2009 meeting, the Hugo Planning Commission discussed the Ordinance Review Committee and member Doug Galler who has resigned from the Planning Commission due to his upcoming marriage and moving out of the City of Hugo. Planning Commission Vice -Chair Bronwen Kleissler agreed to serve in the place of Doug Galler on the Ordinance Review Committee. Adoption of the Consent Agenda approved the appointment of Bronwen Kleissler to the Ordinance Review Committee in replacement of Doug Galler. Approve Prospective Consent to Briggs and Morgan's Representation of Xcel Energy and its Affiliates The City's Bond counsel, Briggs and Morgan, requested that the City execute a waiver to permit it to represent its client Xcel Energy in matters involving the City (should the need arise), though that representation may, in the future, be adverse to the City of Hugo. The City Attorney states that signing of the waiver at this time would be acceptable, provided, however, that the City would review any potential conflict or representation issues at the time that they occurred and make a decision about whether to revoke the waiver at that time. Adoption of the Consent Agenda approved the Prospective Consent to Briggs and Morgan's Representation of Xcel Energy and its Affiliates. Approve Installation Roof Overhang Extensions at the Public Works Building The City of Hugo has agreed on a legal settlement in a lawsuit with Parkos Construction for the replacement of the roof at the Public Works building. Over the past few years other significant issues have developed with regards to the roof but not related to the settlement agreement. The building was designed without a roof overhang. This has created several safety and maintenance issues such as danger of falling snow and ice during the winter, settlement of paved surfaces adjacent to the building, and damage to the exterior wall mounted components of the building. Staff has reviewed these concerns with Parkos Construction and has received bids to install a 4' overhang to the portions of the roof that are the cause of these issues. The estimated cost for the overhangs is $36,000. These improvements, if approved by the City Council, would be funded by utility funds. Adoption of the Consent Agenda approved authorization to contract with Parkos Construction to install 4' overhangs on the Public Works Building with funds from the funds from the utility fund. Approval of Parks Commission to Create a Park Rules Ordinance At the June 10, 2009 meeting of the Parks and Recreation Commission, Commissioners requested that City Staff research existing park rules and look into posting rules in the neighborhood parks. Commissioners discussed witnessing violations and hearing complaints from citizens. Currently, the consumption of alcohol, hours of use, and locations where dogs can be off leash are restricted by City codes. Rules to be discussed include restrictions on items such as driving on sidewalks, overnight camping, recreational fires and fireworks discharge. Adoption of the Consent Agenda approved creation of the park rules ordinance by the Parks Commission. Hugo City Council Meeting August 3, 2009 Page 5 of 9 Public Hearing on Proposed Sewer and Water Connection Fee Ordinance At its June 15, 2009 meeting, the Hugo City Council scheduled a public hearing for this evening in order to take public comment on the proposed new ordinance for sewer and water connection fees. Several months ago, the Economic Development Authority (EDA) listened to a presentation from City Engineer Jay Kennedy regarding the current sewer and water connection fees that property owners pay at the time of connection to the system. The EDA recommended to the Hugo City Council that it consider a revision to the sewer and water connection fee under which a portion of the fee would be collected at the time of plat or subdivision, and the remainder collected at the time of connection. The City Engineer prepared a report summarizing the proposed modifications to the sewer and water connection fees which was presented by WSB Engineer Jamie Wallersted. Jamie explained that currently the end user was being charged the entire SAC/WAC/REC fees, and the revised ordinance established a split utility connection with the sewer and water trunk fee being collect at the time of plat and the WAC and SAC fee paid when a building permit was issued. There was no one who commented at the public hearing. Weidt made motion, Klein seconded, to approve ORDINANCE 2009 - 431 AMENDING CITY CODE CHAPTER 82, ESTABLISHING WATER AND SEWER TRUNK FEES AND AVAILABILITY CHARGES AND TO APPORTION COSTS FOR THE CREATION, ACQUISITION, CONSTRUCTION, IMPROVEMENT, EXTENSION, AND MAINTENANCE OF WATER AND SEWER LINES AND RELATED IMPROVEMENTS. Ayes: Haas, Klein, Petryk, Weidt, Miron Nays: None Motion carried. Weidt made motion, Klein seconded, to approve ORDINANCE NO. 2009 - 432 AMENDING CHAPTER 30, SECTION 2, OF THE MUNICIPAL CODE RELATED TO FEES. Ayes: Klein, Petryk, Weidt, Haas, Miron Nays: None Motion carried. Discussion on Scoping Estimate for Undergrounding Power Lines on TH 61 - John Wertish, Xcel Energy At its March 12, 2009 meeting, the Hugo City Council discussed the potential of undergrounding the power lines on TH 61 on the east side along Egg Lake in the City's downtown area. Council directed City staff to work with John Wertish at Xcel Energy to obtain a scoping estimate of costs related to the undergrounding of the power lines. At the July 6, 2009 Council meeting, City Engineer Jay Kennedy explained the details of the scoping estimate to the Council as well as financing options after which Council asked a number of questions which staff noted and discussed with John Wertish on Tuesday, July 28, 2009. This item was removed from the agenda by staff after learning John Wertish would not be in attendance due to a family emergency. Hugo City Council Meeting August 3, 2009 Page 6 of 9 Update on Ethan Avenue Neighborhood Meeting on July 13, 2009 A neighborhood meeting was held with residents living along Ethan Avenue, 122"d Street, Everton Avenue, and a portion of 120th Street (roadway section south of Oakshore Park) as directed by the City Council at their June 15, 2009 meeting. The purpose of the meeting was to discuss the need for roadway improvements and the potential for utility improvements within this section of the roadway. Mayor Miron, Council Member Petryk, City Engineer Jay Kennedy, Public Works Director Scott Anderson, and Senior Engineering Technician Steve Duff were in attendance to provide information and answer questions. Mayor Miron and Councilmember Petryk provided an update on the meeting which was well attended. Becky introduced Rick Gwynn, 12277 Ethan Avenue, who has formed a committee to go door-to-door soliciting comments and questions from residents in the neighborhood. The Committee will then meet with staff for answers to those questions, then bring the information back to the residents. This will be done prior to making a decision on whether or not the neighborhood wants to move forward in the improvement project. The Mayor thanked Rick for stepping forward and agreed it was important to develop a consensus first. No formal action was taken. Update on Parks and Recreation Programming Sub -Committee The Parks and Recreation Programming Sub -Committee has been meeting regarding parks, athletic complexes and recreation programming in the City of Hugo. In particular, they have been planning the operation of the soccer fields at Rice Lake Park. The Sub -Committee set a priority list and scheduling procedure and is discussing fees. Economic Development/Parks Intern Shayla Severson provided Council with an update on the work of the subcommittee to date. The Committee was formed in December 2008 and included City Councilmember Becky Petryk, Parks Commissioners Rachel Berger, Dan Gabrielli, Russell Schmidt, and Jim Taylor, former Councilmember Mike Granger, and City Administrator Mike Ericson. The Sub- committee was preparing a survey to be conducted this fall, coordinating programs at the Oneka Gym, and considering additional program options. Shayla provide a proposed priority list with the City of Hugo at the top of the list followed by school districts serving Hugo, athletic organizations affiliated with the school districts, City -based non-profit organizations serving Hugo youth, City -based non-profit organizations serving Hugo adults, and finally, other non- profits or profitable organizations. Shayla also presented to Council a proposed scheduling procedure and fee structure. Parks Commission Jim Taylor explained how "in-kind" donations could be accepted in place of an established fee for park use. Klein made motion, Weidt seconded, to approve the priority list and authorize the Parks and Recreation Programming Sub -Committee to continue planning the operation of the athletic complexes which include setting the fee schedule, establishing a tournament policy, and planning for the operation of the concession stand. All Ayes. Motion carried. Hugo City Council Meeting August 3, 2009 Page 7 of 9 I.4 Update on Council's Request to Met Council Regarding City's 2030 Comprehensive Plan At its July 6, 2009 meeting, Council directed staff to continue to have discussions with the Met Council regarding the City's options concerning the Comprehensive Plan update. City staff met with the Metropolitan Council staff on July 29, 2009. Community Development Director Bryan Bear explained to Council the conditions set by the Met Council for approval of Hugo's 2030 Comprehensive Plan. Met Council's was requesting the City remove the PUD density of one home per five acres in rural eastern Hugo unless the guidelines were followed for flexible residential development in the diversified rural area, which would essentially create a staging area for future urbanization. Met Council also requested the City create a Agricultural Preserve land use category. The City Council talked about the Rural Preservation Program and Community Development Director Bryan Bear indicated that staff would be recommending the program be eliminated at the time ordinance amendments are discussed in the near future. Weidt made motion, Klein seconded, to remove the PUD density of one home per five acres, keep the Agricultural Preserve as written in the Comprehensive Plan, submit the plan to the Met Council, and request their partnership in planning for the 2040 Comprehensive Plan study. Ayes: Petryk, Weidt, Haas, Klein, Miron Nays: None Motion carried. Approve Purchase Agreement for 14420 Irish Avenue Property (Hansen) With direction from the City Council, Parks Commission members Roger Clarke and Jim Taylor, along with retired Parks Commissioner Pete Pedersen, have been negotiating with the Hansen family for the purchase of the gravel pit property located near 140th Street and Irish Avenue. The Commissioners have reached an agreement with Kenny Hansen, who is the executor of the Hansen Estate to buy the 125 -acre property for a price of $900,000 with several contingencies. Community Development Director explained the agreement would be contingent on City Council approval, clean-up of the site, and the City's ability to secure financing. Original Parks Commission Member Pete Pederson explained the original Parks Plan identified the need for an 80+ acre parcel, and they were fortunate to have a willing seller. The Parks Commission had considered the agreement and recommended approval to the City Council. Klein made motion, Haas seconded, to approve the purchase agreement and direct staff to prepare the bonds. Miron made motion, Petryk seconded, to amend the motion to delay approval of the purchase agreement until after a joint meeting was held with the neighboring property owners to discuss the purchase. Vote on amendment - Ayes: Petryk, Miron Nays: Haas, Weidt, Klein Amendment on motion failed. Hugo City Council Meeting August 3, 2009 Page 8 of 9 Vote on original motion - All Ayes. Motion carried. Haas made motion, Klein seconded, to direct staff to schedule a meeting within the next 90 days with the City Council, Parks Commission, and community to discuss the sale and interim use of the property. All Ayes. Motion carried. Approve Plans and Specifications and Authorize Bids for the 130th and 147th Street Improvement Prolects City Engineer Jay Kennedy provided the Council with an update on the Highway 61 and 130th/147th Street projects as well as the next steps in the process. The general scope of the project includes turn lanes and traffic signals at both intersections, and railroad crossing widening and an active warning device installed at the 130th Street/TH61 intersection. City staff has completed the plans and specifications and submitted them to MnDOT for final review and approval. Easements must be in place before the City receives approval of the plans by MnDot and approval of the cooperative agreement. It is estimated it will take 30-60 days for MnDOT to complete their process. The City cannot advertise for bids until MnDOT's final approval is received. Jay projected bids could be received by mid-October with the bulk of the construction taking place in the spring/summer 2010. Weidt made motion, Petryk seconded, to approve the plans and specifications and authorize the advertisement for bids pending final MnDOT approvals. All Ayes. Motion carried. John Arcand At the request of resident John Arcand, 5510 130th Street North, the Council agreed to add him to this agenda. John wanted to discuss items on his "Bad Neighbor" t -shirt, specifically the reasons the developer was not developing the land, and an issue involving trespassing on his land. City Attorney Dave Snyder directed John Arcand to work with staff on any issues he may have. Approval of Statement of Interest for Updating Washington County's Multi -Jurisdictional All -Hazard Mitigation Plan City staff was contacted recently by Patrick from the Washington County Emergency Management Department in regard to the request for a statement of interest from the City of Hugo in updating Washington County's Multi -Jurisdictional All -Hazard Mitigation Plan. Fire Chief Jim Compton and City Staff have reviewed the request and found it to be important for the City to support it. Hugo City Council Meeting August 3, 2009 Page 9 of 9 Miron made motion, Weidt seconded, to approve the statement of interest from the City of Hugo for formally updating Washington County's Multi -Jurisdictional All -Hazard Mitigation Plan for the work of Washington County Emergency Management Department. All Ayes. Motion carried. Authorize Ordinance Review Committee to Review and Update the Interim Use Permit, Special Event Permit, Transient Merchants and Peddlers Ordinances At its July 20, 2009 meeting, the Economic Development Authority reviewed a staff request for authorization for a review committee to review interim and special events permits which have been an issue for the City of Hugo. The EDA agreed to support the Council authorization to create a review committee to review interim and special event permits and peddlers permits. Weidt made motion, Klein seconded, to accept the recommendation from the EDA to authorize the creation of a review committee for interim and special event permits and peddlers permits. All Ayes. Motion carried. Request for Nominees for Two Vacancies on the Brown's Creek Watershed District City staff has received notification from Washington County on two vacancies created on the Brown's Creek Watershed District when the term expires of two managers in October 2009. On behalf of Washington County, City Administrator announced to the public that any and all individuals interested in serving on the Brown's Creek Watershed District should contact Hugo City Hall, County Commissioner Dennis Hegberg, or Washington County Staff. Adjournment Haas made motion, Klein seconded, to adjourn at 9:58 p.m. Respectfully Submitted, Michele Lindau City Clerk